A/HRC/45/52
excessive use of force by State agencies. Casualties resulting from attacks by foreign forces
such as United States air strikes continue to be of concern. Clan militias too have been
responsible for the unlawful revenge killings that occurred during the period under review.
34.
The Independent Expert calls on the Somali authorities to take robust measures to
prevent extrajudicial killings and strengthen internal and external accountability
mechanisms in relevant security forces and institutions. Parties to the conflict are urged to
respect international human rights and humanitarian law in the conduct of hostilities.
2.
Death penalty
35.
The Federal Government has not yet abolished the death penalty, nor has it declared
a moratorium on executions. At least a dozen executions were reportedly carried out in
2019.28 According to the United Nations, from 5 August 2019 to 4 February 2020, a total of
22 death sentences were pronounced and 11 executions were carried out in Somalia. 29
36.
Death Penalty Law in Somalia is not compliant with international human rights
standards in that death sentences are pronounced for crimes that do not qualify for the
imposition of the death penalty. It has been reported but not confirmed that executions are
also carried out by the Somali National Army which are in contradiction with the voting
record of Somalia in the General Assembly on the death penalty. On 3 February 2020, on
the occasion of the handover of the Mogadishu prison and court complex, the Government
agreed that anyone detained in the complex would not be executed. 30 The Independent
Expert encourages Somalia to move towards a moratorium on the death penalty.
3.
Inter-clan conflicts and water and land resources
37.
The clan system is pervasive in the political, economic, social and cultural life of
Somalia, especially in rural areas. Clan elders regulate the use of natural resources such as
grazing land and water, influence political matters, facilitate the resolution of conflict and
oversee the traditional justice (xeer) system. Competition for power, arable land and water
results in discrimination against small and minority clans and fuels conflict that sometimes
leads to death, destruction of property and displacement. In Jubbaland, the security of clan
elders and candidates in state elections was a priority concern. On 17 June 2019, in
Kismayo, unidentified gunmen shot and killed a traditional elder of the Bayomaal clan in a
suspected election-related incident.31 Tensions and conflicts among clans escalate during
droughts, floods and attacks by locusts, which heighten the need, especially among
vulnerable rural communities, for arable land and access to water for domestic and
agricultural use. On 11 April 2020, elders from the Majerteen and Awramale clans agreed
to a ceasefire following intermittent clashes over disputed land south-west of Kismayo. The
clashes had claimed more than 50 lives between 2 February and 2 April.32
38.
The Independent Expert notes that a water, sanitation and hygiene policy that has
been approved by the Minister of Energy and Water Resources is awaiting approval by the
Cabinet and of an initiative led by the Prime Minister to develop a national strategy for
water resources management. The Independent Expert urges the Somali authorities to
protect the rights of minority clans by strengthening the participation of local communities
in improving water and sanitation arrangements.
39.
The Somali authorities are also urged to build more wells so as to improve access to
and availability of clean water. Specifically, she urges the authorities to complete the 100wells project to reduce the level of resource-related clan conflict and limit the impact of
droughts, floods and locusts on marginalized communities.
28
29
30
31
32
See www.amnesty.org/download/Documents/ACT5018472020ENGLISH.PDF.
S/2019/884, para. 41, and S/2020/121, para. 49.
UN Somalia: Country Results Report 2019, p. 20.
S/2019/661, para. 19.
S/2020/398, para. 34.
9
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