A/HRC/21/36
should be carefully woven into the peace process and be conducted in the context of any
consideration of the role of a commission of inquiry, truth commission, special tribunal, the
International Criminal Court or other mechanism ensuring accountability.
42.
The Provisional Constitution of Somalia provides under its article 111 (I) for the
establishment of a truth and reconciliation commission, which could open the door to
constructive discussion with the Government and other stakeholders on transitional justice.
III. International efforts to protect and promote human rights
A.
Security Council
43.
In its resolution 1872 (2009), the Security Council recognized that serious crimes
had been committed against civilians in the conflict in Somalia, affirmed the importance of
ending human rights abuses and combating impunity and requested UNPOS to work with
the Transitional Federal Government to develop its capacity to address human rights issues.
It also expanded the sanctions regime to target individuals responsible for violations of
international law, namely the obstruction of humanitarian assistance and the recruitment
and use of child soldiers.
44.
In addition, since 1999, the Security Council has adopted a number of resolutions to
afford greater protection to civilians, including by strengthening the protection framework
for women9 and children.10 As one of the most complex situations before the Council, there
are no easy solutions for protection challenges in Somalia.
B.
Human Rights Council and special procedures
45.
The Human Rights Council has increased its attention to Somalia over recent years
and adopted a number of resolutions thereon, 11 with a special focus on technical assistance.
On 29 September 2010, pursuant to Human Rights Council decision 14/119, a stand-alone
interactive dialogue was held by the Council on the status of technical cooperation,
capacity-building programmes in the country and the effectiveness of United Nations
support in the promotion and protection of human rights.
46.
The Independent Expert on the situation of human rights in Somalia, was appointed
by the Human Rights Council in its resolution 7/35. Since then, he has undertaken nine
field visits to Somalia and neighbouring countries, including to refugee camps in Kenya
and Yemen, and has also spoken out publicly, through press statements and radio
interviews, about human rights concerns in Somalia.
47.
Overall, special procedures mandate holders have addressed 23 communications
(urgent action or allegation letters) to Somalia. As indicated previously, the Special
Rapporteur on violence against women, its causes and consequences, the Special
Representative of the Secretary-General for Children and Armed Conflict, the former
Representative of the Secretary-General on the human rights of internally displaced persons
and the Independent Expert on the situation of human rights in Somalia have raised in their
9
10
11
See Security Council resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960
(2010),
See Security Council resolutions 1612 (2005), 1882 (2009) and 1998 (2011).
See Human Rights Council resolutions 7/35, 10/32, 12/26, 15/28, 17/25, 19/28 and 20/21.
9
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