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.

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