A/HRC/7/26 Page 13 III. GOVERNANCE, RULE OF LAW ISSUES AND IMPUNITY 45. Lack of governance and rule of law, weak institutions and impunity are not in and of themselves human rights issues. Rather, they are the circumstances and context which create and allow for human rights infringements and violations, enable them to continue unabated or prevent their remedy or redress. Principles of good governance and the rule of law are built on human rights standards and norms such as due process, gender equality, participation and nondiscrimination. 46. It has too long been the case in Somalia that a weakly functioning central Government has resulted in an absence of order, security, the rule of law and justice. There is no central trained police service and there is often no independent and professional judiciary, which creates a climate of utter impunity. The judiciary and police or security services do not function and customary (xeer), Islamic law (sharia) and various national legal standards are applied arbitrarily in the absence of a national legal framework. Decisions are often taken by officials without regard to transparency, fairness and accountability. 47. On the second day of his mission on 18 September, the independent expert experienced first-hand arbitrary treatment when he was prevented from disembarking at the Baidoa airport despite having received prior authorization. He was obliged to return to Nairobi, where he was met with official apologies from the TFG and the promise of an investigation into the matter. Also, while on mission, the independent expert learned that the President of the Supreme Court, Yusuf Ali Harun and another judge of the Supreme Court had been arrested and that the Attorney-General, Abdullahi Dahir and his deputy had been dismissed. As at the writing of this report, the President of Supreme Court and his associate were still awaiting trial. The independent expert condemns these decisions taken without regard to rules and procedures and which clearly violate the doctrines of the separation of powers and the independence of the judiciary. 48. The independent expert contends that the most pressing governance areas in need of reform and strengthening include the executive office or cabinet, ministry of the attorney-general and the judicial branch, and ministries such as interior and those responsible for the security sector. 49. During the mission, the independent expert was updated on rule of law and security issues by colleagues of the Rule of Law and Security Program of the United Nations Development Programme (UNDP). The independent expert learned that in Baidoa there is a semblance of a law system, in which arrests and cases were being channelled through. It was also noted that in Mogadishu, cases were being considered in a new system applying a mixture of customary and civil law. Customary law was also slowly being introduced into the penal code in some courts in south and central Somalia, allowing for the enforcement of customary laws. Some local communities were also beginning to vet nominees to the judiciary in south and central Somalia. 50. The independent expert was also briefed about the introduction of a civilian advisory committee or monitoring mechanism for policing in Mogadishu. It was stated that 8 of 16 police stations were currently being monitored in order to avoid the transfer of prisoners from monitored to unmonitored prisons. In addition, monitoring ensured that persons were not