A/HRC/15/48
territories and to drive TFG out of Mogadishu appear to have failed. It has made no
significant territorial gains in the last six months – in some places it is even said to have
been bogged down in fighting with other Islamists. That it has turned to repressing people
under its control is perhaps indicative that it is not at ease with them. That Al–Shabaab
could not find volunteers from among Somalis and had to hire Kenyan mercenaries to do
the job in Kampala could be interpreted as showing their inability to win over enough local
Somalis to join their mission. In fact, most of their suicide bombers appear to have been
recruited from abroad.
59.
Second, according to United Nations sources, important developments are taking
place in Mogadishu which are likely to enhance the credentials of TFG and the confidence
of people in it. The strength and efficiency of the Somali Security Forces (SSF) is being
bolstered; firm commitments have been made to increase the number and capacity of
AMISOM troops which would enhance their ability to protect the Government and
infrastructures in Mogadishu; important measures are being put in place to augment the
capacity of Somali civil servants, the police, members of the correctional services and the
judiciary; arrangements are made to ensure payment of the salaries of public servants.
Significant progress has been made in preparing a draft Federal Constitution for Somalia
which would be vetted by the people soon. All these steps, if followed up carefully, are
likely to generate public confidence in TFG.
60.
The independent expert was briefed on the above developments by those directly
involved with the processes. In regard to the security sector, the developments included the
increase in the number of Somali Security Forces (SSF), which is likely to rise further once
those presently under training were inducted into the army. The independent expert was
assured through his visit to the EUTM headquarters in Kampala that the new recruits were
receiving professional training from expert trainers, including on human rights and
humanitarian law. He was particularly heartened to learn that arrangements were being
made to develop a proper command structure of SSF; the soldiers, both old and new, would
have proper housing and other amenities and would be assured a proper salary. This would
make a difference from the past when the soldiers had no barracks to stay in and were not
paid regularly, resulting in slack discipline, abuse of power and, in many cases, even
defections. They were now likely to be more aware about their professional responsibilities
and their duty to respect human rights and humanitarian law.
61.
The independent expert also learnt from the United Nations that important progress
is being made to impart proper training to the police and to ensure their well–being through
proper infrastructure–building and payment of salaries. Some of this had already been
implemented. This would hopefully make the Somali Police Force effective, professional
and accountable. If they are able to ensure the safety and protection of the lives and
property of Somali citizens, the reputation of TFG would improve immensely. The
projected 10,000–strong police force, trained to acceptable rule of law and human rights
standards, would make a significant difference. The same is necessary for training of
members of correctional services. Important progress had also been made in the judicial
sector. Together, these measures are likely to yield positive results in terms of creating
public confidence in the Government.
62.
In regard to the drafting of the Federal Constitution, significant progress appears to
have been made, as the Independent Federal Constitutional Commission, which was
supported by UNDP, reportedly handed over the first draft to the TFG Minister for
Constitutional Affairs in early August 2010. This could become an important milestone on
the path to recovery if the draft is widely shared with the Somali people and their views are
taken into account before a final version is put up for a referendum.
63.
If only part of the optimism expressed above was true, it could be considered as
significant progress. When one recalls that Somalia is not a high–profile operation and
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