A/HRC/24/40
the national security forces will be judged by their increased capacity to protect the
civilian population under all circumstances. In this regard, human rights training,
vetting processes, changes in behaviour relating to command structures, internal
disciplinary mechanisms and independent oversight mechanisms should be given
special attention. This will be effective only if the justice sector is rebuilt, revamped
and equipped with appropriate human and technical resources to be able to hold
accountable the perpetrators of human rights and international humanitarian law
violations. The Independent Expert recommends that Somalia ensure the early
completion and proper implementation of the plan of action for the Somali justice
sector and the strategic development plan for the Somalia Police Force, drafted by the
Ministry of Justice and the Ministry of the Interior and National Security,
respectively.
98.
As sexual violence in Somalia is a subject of much national and international
concern, the Government should consider adopting, in cooperation with the United
Nations, a preventive and responsive strategy on the matter. This should include the
issuance of clear orders through chains of military command; the explicit prohibition
of sexual violence in codes of conduct and military field manuals; well-targeted predeployment training; and a clear commitment for timely investigation of alleged
abuses in order to hold perpetrators accountable.
99.
The adoption of the proposed law on the establishment of a national human
rights commission should benefit from wide-ranging consultations with civil society
organizations, including associations of victims and minority groups, and their views
on issues pertaining to the principles relating to the status of national institutions for
the promotion and protection of human rights (Paris Principles) should be fully taken
into account.
100. The enactment of the proposed media law must take into account the concerns
expressed by journalist groups and other national and international observers,
including the Office of the United Nations High Commissioner for Human Rights, on
some of the draft provisions of the law. The Government must also initiate effective
and impartial investigations into killings of journalists and media people and
prosecute those found responsible.
101. While the return of peace and security must remain a key focus of the Federal
Government, establishing mechanisms to address past atrocities as provided for by
the Provisional Constitution must also be a clear objective. There is a need to address
impunity and bring to justice those responsible for the crimes committed over the
years. The Independent Expert recommends that a task force be set up with support
from the international community to prepare for a truth, justice and reconciliation
conference that will take a more in-depth look into the possibility of establishing a
commission of inquiry, a special tribunal or any other appropriate mechanism to send
a strong signal to the perpetrators from all sides that the past and ongoing targeted
killings will not go unpunished. Necessary steps for the establishment of a commission
of justice and reconciliation, foreseen in the Provisional Constitution, should include
the holding of such a conference, which should be fully Somali-owned and involve
wide and inclusive participation of all categories of Somali society.
102. The Government should fulfil the commitments it has made to the international
community under the recently held universal period review process of the Human
Rights Council (see A/HRC/18/6/Add.1).
103. The Independent Expert urges the Government to take into serious
consideration the most useful recommendations made by the Working Group on the
use of mercenaries as a means of violating human rights and impeding the exercise of
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents