A/HRC/13/65
page 2
Summary
There was a general expectation that the human rights situation in Somalia would improve
with the relocation of the new Transitional Federal Government to Mogadishu in early 2009.
However, President Sheikh Sharif’s Government was heavily challenged by hard-line Islamist
opposition groups, principally Al-Shabaab and Hizbul Islam, beginning with a significant
offensive for control of Mogadishu on 7 May 2009. Repeated, inaccurate and indiscriminate
exchanges of mortar fire between all parties have resulted in numerous civilians being killed and
many injured, with bombs landing on civilian homes, marketplaces and mosques, as well as
causing tens of thousands to flee the capital and other areas of the conflict. The extreme
interpretations of sharia law by armed opposition groups, mainly Al-Shabaab and Hizbul Islam
and local clan militias in control of Kismayo, has led to severe corporal punishment – for
example, amputations and stoning – that illustrates the extent to which violence is still
substituted for the rule of law in many areas. Grave violations committed against women and
children have been reported throughout the country, including the recruitment and use of
children by all parties to the conflict. Reports of killing, maiming and sexual and gender-based
violence in the context of the conflict are also rife.
Troops of the African Union Mission in Somalia (AMISOM) which guards Mogadishu and
key Government installations have frequently been targeted by the Islamists, the worst such
incident occurring in September 2009 when the Deputy Force Commander and at least 17
peacekeepers were killed in coordinated suicide attacks on AMISOM troops. As the latter
retaliated against the attacks, many of which were launched from civilian populated areas such as
Baakara Market, there were reports of civilian casualties resulting therefrom and from the
opposition forces’ counter-attacks. There was also significant displacement of population from
the capital. Journalists and human rights defenders in all parts of Somalia, including in Puntland
and Somaliland, continue to face increasing risks, severe threats and targeted killings for their
work. The most devastating of these attacks was the suicide bombing on 3 December 2009 of the
graduation ceremony of medical students in which Government ministers, doctors, journalists,
medical students and teachers were killed.
The independent expert welcomes the Government’s recent decision to ratify the
Convention on the Rights of the Child, but reiterates his concern about the continuing violations
of human rights and humanitarian law in Somalia. He believes that the key tasks of the
Government include the establishment of the rule of law and good governance in Somalia. This
will help generate popular support for its efforts to ensure peace and reconciliation. He urges all
parties to the conflict to come together for the sake of peace in Somalia, where the people have
suffered one of the worst nightmares in history from which they deserve to be released. He
stresses the negative impact of piracy, mixed migrations and related human trafficking in
Somalia, which could undermine the fragile stability of Puntland and Somaliland. He therefore
urges the international community to deal with the ground realities of these phenomena with a
holistic approach; highlights the urgent need to establish an appropriate mechanism to combat
impunity and hold the perpetrators of the potential war crimes and massive human rights and
humanitarian law violations accountable; recommends that the United Nations moves the hub of
its activities from Nairobi to the safer areas in Somalia; and urges the international community to
provide the necessary funds to the Government and to the United Nations to enable them to fulfil
their various responsibilities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents