A/HRC/21/36
ensure that they can exercise their professional activities in a safe environment, free
from intimidation.
98.
It is critical that the issue of impunity, including the legacy of past atrocities,
be addressed, and that justice and reconciliation be ensured, as recognized by Somalia
in its report for the universal periodic review. All victims of violations of human rights
or of international humanitarian law have a right to obtain remedy and reparation for
the harm suffered In this regard, it is important that adequate national mechanisms
be established to investigate alleged violations of international human rights law and
humanitarian law, and that those responsible be prosecuted and punished. In the light
of the serious violations described in the present report, Somalia is encouraged to
consider acceding to the Rome Statute of the International Criminal Court to
complement national mechanisms and ensure accountability for gross violations of
international human rights law and humanitarian law that amount to crimes against
humanity or war crimes.
99.
The establishment of a human rights commission, as envisaged by the
Provisional Constitution, will be an important step towards the establishment of a
national architecture for the protection and promotion of human rights in Somalia,
provided such institution is compliant with the Paris Principles.
100. Re-establishing the rule of law involves strengthening the legal framework and
building institutions in the areas of security, law enforcement, the judiciary and
corrections, both in terms of infrastructure and capacity, guided by a rights-based
approach. Civilians should not be subject to military jurisdiction. The United Nations
is committed to continue to partner the Somali authorities to support efforts in these
areas. The harmonization of sharia law, customary law and international human
rights law in Somalia should be addressed in this context.
101. Importantly, the country’s leaders should accelerate and intensify efforts to
fulfil the obligations of Somalia in the area of economic and social rights, in particular
the rights to food, health and education, taking into account the rights-based
principles of consultation, non-discrimination, transparency, accountability and
special attention to the most disempowered members of the population. The
imperative of international cooperation furthermore imposes an obligation on the
international community to support and complement efforts made by national and
regional authorities.
102. Significant progress has been made over the past months by the United Nations
to ensure greater coordination to strengthen the impact of its activities. In this regard,
the Secretary-General looks forward to proposing the new strategy for the United
Nations to support post-transition Somalia in December 2012.
103. The signing of the memorandum of understanding on technical cooperation by
the United Nations with the Somali authorities heralds an important step towards
reinforcing the latter’s human rights capacity. It is important that efforts to build the
capacity of the authorities be accompanied by the empowerment of civil society.
Monitoring, investigations and public reporting are also essential to identify human
rights concerns, inform appropriate remedies by duty-bearers, and ascertain technical
assistance needs. Therefore, strengthening the United Nations human rights presence
on the ground and endowing it with the capacity to fulfil its comprehensive mandate is
critical, and should be considered in the context of the upcoming strategic review of
the presence of the United Nations in Somalia.
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