A/HRC/27/71 27. The Independent Expert learned that from 31 July to 1 August 2014 AMISOM, in collaboration with the International Committee of the Red Cross, organized a workshop in Nairobi on the implementation of the AMISOM standard operating procedures on the handling of persons detained by AMISOM. The procedures take into account relevant international humanitarian and human rights law. Among issues raised were the practicalities of setting up transfer review boards in cases where detainees challenge a decision to be transferred to the competent Somali authorities, how to deal with issues concerning the non-refoulement of detainees, and to ensure that detainees who are transferred to the Somali authorities do not face capital punishment following a trial that does not respect internationally recognized judicial guarantees. The Independent Expert welcomes these discussions and urges AMISOM to implement the outcomes and recommendations from the meeting with immediate effect. D. Internally displaced persons 28. Continued reports of IDPs facing generalized insecurity, lack of access to humanitarian assistance and human rights abuses, including evictions from settlements, rape and sexual violence, remain a concern. The Independent Expert was informed that the Somali National Police Force was unable to provide protection in IDP camps, hence the phenomenon of “gatekeepers” who are self-appointed camp guards from clans within the territory where an IDP camp or settlement is situated. 29. Access to land and property rights have become a sensitive issue in Somalia. In a recent report, the International Organization for Migration stated: Land ownership is a highly emotive and complex issue in Somalia, particularly in Mogadishu. The rush to access land across the city has sparked several disputes. Much of the premium land is contested as large portions of the land were appropriated during the 1991 civil war and the previous owners have returned to reclaim it. New occupants have resisted vacating the property and the Somali government has yet to create a legal body to handle the issue. Local courts in Mogadishu claim they are overwhelmed by the sheer size and complexity of the cases. Compounding the problem is the lack of reliable documentation that can be used to verify and adjudicate rightful ownership of land given the years of absent central governance and the fact that there is a history of communal land ownership.1 30. This raises the pertinent question of the extent and effect of the institutional capacity to address issues related to property rights, in particular questions of access to land by IDPs and refugees, some of whom have suffered displacement more than once. Land is critical for the livelihood of a large number of Somalis many of whom are currently internally displaced. In the absence of a well-established justice system, there is a likelihood of conflicts over land and property ownership emerging as the country moves towards stability. E. Neutrality and impartiality of humanitarian workers 31. It will be recalled that during the high-level interactive dialogue on assistance to Somalia in the field of human rights held in September 2013 the Special Representative of the African Union, Chair and Head of AMISOM, informed the Human Rights Council that 1 8 International Organization for Migration, Department of Operations and Emergencies, Dimension of Crisis on Migration in Somalia, Working Paper February 2014 (Geneva), p. 25.

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