A/HRC/27/71
repatriation because the security situation in Somalia did not guarantee voluntary
repatriation and that both the Kenyan and Somali Governments were committed to adhering
to that principle.
12.
In the context of displacement and migration, the Independent Expert heard about
the problem of irregular mixed migration flows across Somalia, due to push factors such as
conflict and drought. Somalia is both a country of origin and a transit route for migrants.
The Independent Expert was informed that human trafficking was a cause for concern. Also
highlighted were the challenges facing the Somali nationals repatriated from Saudi Arabia,
some of whom had reportedly been severely abused and who, upon return did not have
anywhere to go.
13.
The plight of internally displaced persons (IDPs) was also raised with the
Independent Expert. Police protection within IDP settlements was reported to be lacking or
inadequate and as such, reports of sexual violence against women and recruitment of child
soldiers continued to be made notwithstanding other violations of their basic rights. In
addition, the phenomenon of “gatekeepers” and the practice of diversion of humanitarian
assistance continued to negatively affect access of IDPs to such assistance. It was
highlighted that internal displacement had brought to the fore the problem of land and
property rights, since IDPs continued to face evictions and relocations from lands they
occupied either by returning owners or the Government, and returnees wanted to reoccupy
their lands and properties which had been occupied by displaced persons.
14.
There were also allegations that IDPs were being forcibly returned to their areas of
origin which were still under Al-Shabaab control. It was also pointed out that, while
necessary, military operations by AMISOM and the Somali National Armed Forces had
inevitably caused internal and external displacement of civilian populations and also
interfered with the planting season. This combination of factors coupled with high food
prices, and late and below normal rains was likely to lead to food shortages. The United
Nations Office for the Coordination of Humanitarian Affairs reported to the Independent
Expert that early warning indicators showed that food insecurity and malnutrition were
likely to increase during the second half of 2014. The worst affected areas in which the
food security situation was expected to deteriorate in the months ahead included parts of
Bakool, Gedo, Hiraan, Lower Shabelle and Middle Juba regions. Meanwhile, assessments
indicated that about 203,000 children under the age of 5 were acutely malnourished while
about 2.9 million people in the country needed urgent life-saving and livelihood support.
The urgent need for humanitarian assistance was reiterated. As at the end of July 2014 there
was still a funding gap of US$663 million towards the humanitarian needs outlined in the
Strategic Response Plan for Somalia.
15.
In several meetings, concerns about AMISOM military operations and their impact
on civilian populations were brought to the attention of the Independent Expert. It was
stated that credible reports indicated that during the March 2014 offensive against AlShabaab in Jubaland, transgressions against civilians had been witnessed. The
responsibility of AMISOM and other troop-contributing countries to protect civilian
populations and adhere to international human rights and humanitarian law was
underscored. In this regard, the Independent Expert was encouraged to follow up with
AMISOM forces and the Somalia National Armed Forces to ensure that they adhered to
human rights principles and norms. The Independent Expert was also urged to encourage
AMISOM to establish a credible framework to track casualties, investigate violations, take
measures to mitigate violations and hold persons accountable for violations.
16.
With respect to the AMISOM engagement in humanitarian assistance, concerns
were raised about the tension that was bound to be created between the stabilization and
development approach employed by AMISOM in the wake of its military operations and
the humanitarian approach based on the neutrality principle applicable to humanitarian
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