A/HRC/33/64
of inquiry that had found that, of 22 allegations made, 20 were baseless. He criticized
Human Rights Watch for refusing to cooperate with the inquiry.
88.
The Special Representative acknowledged that AMISOM had again lost territory it
had recovered earlier because of failure to secure it; the situation had, however, been
reversed in February 2016. He rejected the allegations that the Mission had abandoned the
civilian population to Al-Shabaab, and indeed expressed satisfaction with the military
campaign conducted by the Somali National Army and AMISOM forces against AlShabaab, and with the work done by the AMISOM police in training the Somali police
force.
89.
The Special Representative reiterated the need for the support of the local
community and for continued capacity-building for the Somali National Army, the police
and other institutions of governance. The Special Representative emphasized the need for
unified training of the national army by bilateral donors, who are conducting training for
the Somali National Army and the police, but without any coordination with AMISOM. He
reiterated the need for a unified command and control, which at the time of the mission of
the Independent Expert was not yet in place.
XVI. Conclusions
90.
In the present report, the Independent Expert has identified the progress made
in the political, security, and national and State-building processes in Somalia as the
State prepares for the elections to be held later in 2016, and the challenges that the
Federal Government faces during that time. The newly established National
Leadership Forum is addressing all concerns to create the conditions for better
governance in the future. The establishment of the Forum, albeit a supraconstitutional institution, has facilitated consultations between the Federal and State
authorities on urgent issues that could have otherwise undermined the elections.
91.
The mobilization of resources and their allocation to Federal and State
institutions and to civil society remains a major problem that could affect institutional
capacity-building at all levels as the State struggles to consolidate peace, economic
development and security. The newly adopted national development plan addresses
some of these issues. The Independent Expert reiterates his view that the international
community should not withhold its support for Somalia at this critical time.
92.
The Independent Expert repeatedly identified security and economic
development as a key factor in sustaining the democratic building process and the
protection of human rights in Somalia. Somalia is emerging from a conflict situation
that has long oppressed the enjoyment of human rights at all levels. Challenges
remain with regard to respect for the rights of women, children, persons with
disabilities and minorities. For historical reasons, and in spite of its imperfections, the
traditional justice system, Xeer, continues to play a significant role in Somalia.
Traditional elders have also played a crucial role in ensuring the cohesion of Somali
society, but have also been accused of perpetuating the violation of women’s rights.
The reform of Xeer is timely and necessary, to harmonize it with international human
rights standards. This will call for a concerted effort of awareness-raising across the
country, resource mobilization and support. The institutional and legal reforms made
to date could come undone if commensurate resources are not invested to consolidate
them.
93.
Humanitarian issues continue to attract the attention of the Federal
Government of Somalia and the international community, particularly at this time of
political transition in Somalia. The Federal Government is attempting to organize
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