A/HRC/21/36
security and logistical and administrative support for the Unit, its integration into a political
mission has been perceived by some as having compromised independence and
impartiality. The Unit is also a member of the United Nations country team.
93.
With the end of the transition period in sight, a comprehensive review of the
strategy and presence of the United Nations in Somalia will be undertaken with a view to
establish a sound basis for the Organization’s presence and activities during the next phase.
This strategic review, however, goes beyond coordination in the realm of human rights and
will be considered by the Security Council in due course.
IV. Observations and recommendations
94.
Ending the conflict in Somalia will have a significant positive impact on the
situation of human rights in the country. Years of violent conflict have taken a toll on
the Somali population, with serious violations of international human rights and
humanitarian law over the years. The recent progress in the country’s political
transition, including the formation of the National Federal Parliament, the adoption
of a provisional Constitution and the election of a new President in September 2012, is
a welcome development and presents an unprecedented opportunity to advance
human rights. It is therefore critical that international assistance to the Government
of Somalia be strengthened in the field of human rights, including through an
increased presence of the United Nations.
95.
The participation of women in decision-making processes and the protection
and promotion of civil, cultural, economic, political and social rights are essential to
sustainable peace and must therefore remain a central pillar in the political process in
Somalia. Existing military and political strategies must therefore be accompanied by
an increased engagement in the area of human rights.
96.
While the Somali authorities bear the primary responsibility to protect and
promote human rights, international human rights law and humanitarian law also
impose obligations on non-State armed groups to respect and protect the rights of
persons in areas under their control. All parties to the conflict should therefore adhere
strictly to them.
97.
In keeping with the United Nations human rights due diligence policy, security
sector assistance provided to the parties to the conflict in Somalia should take into
account the parties’ obligations under international humanitarian law and human
rights law and should be suspended when serious violations continue or remain
unaddressed. Furthermore, when there are substantial grounds for suspecting a
recipient of United Nations support of committing human rights abuses or anyone
with command responsibility over those committing human rights abuses, they should
be suspended from duty, pending credible investigations. The Somali authorities
should put in place vetting processes, command structures, internal disciplinary
mechanisms and independent oversight mechanisms to ensure human rightscompliant forces and integrate human rights in police training programmes. A civilian
casualty tracking system should be prioritized and conflict-related detention brought
into line with international standards. Measures should also be taken to prevent
violence, including sexual violence against women, and to ensure safety for women
and girls in camps for the internally displaced. This should include activating the
Transitional Federal Government task force to develop a strategy to prevent and
respond to the phenomenon of sexual violence. The Somali authorities are also
responsible for the protection of journalists and human rights defenders and should
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