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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