A/HRC/7/26
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people and clerics, primarily contests the legitimacy of the TFG and the presence of Ethiopian
troops in Somalia. In 2007, the Asmara Group held a Somali Congress for the Liberation and
Reconstitution (SCLR) to devise a political formula for Somalia.
12.
The TFG-sponsored Somali National Reconciliation Congress, which had been delayed
on three occasions due to a number of security, planning and logistical reasons, took place from
15 July to 30 August 2007 in Mogadishu. Some 1,325 delegates from within the country and the
Somali diaspora attended on the basis of the “4.5 clan power-sharing formula”. The international
community provided technical advice through the International Advisory Committee; however,
there were concerns about the inclusiveness, the representation of civil society and minority
groups, and the agenda of the Congress.
13.
The independent expert has stated on several occasions that sustainable peace in Somalia
can only be attained through an inclusive dialogue leading to a political solution and national
reconciliation. It must be underscored that the National Reconciliation Congress is a first step
within the broader framework of a longer term reconciliation process for Somalia. Somalis must
be urged and supported to continue to hold public and inclusive discussions about transitional
justice, reconciliation and any future processes. The “right to the truth” must be upheld on behalf
of all victims and Somalis must work to ensure that impunity will not undermine the future peace
of Somalia.
14.
The independent expert acknowledges the regional dimensions of the conflicts and
developments of the past year in Somalia. The insecurity and instability in Somalia affects its
neighbours and situations such as the border impasse between Eritrea and Ethiopia or the
escalation of the crisis in the Ogaden region of Ethiopia affects Somalia. Similarly, in the
aftermath of the initial fighting in January 2007, ICU militia had been chased to the Kenyan
border area in the south-western part of the country. Since then, the Kenyan border has been
effectively “sealed” and asylum-seekers have been stranded in the border zone or have been
turned back. These regional conflicts and issues also affect Somalia’s ability to secure its peace
and stability.
15.
Finally, the independent expert has been following Security Council discussions to
establish a United Nations peacekeeping operation for Somalia in an effort to further stabilize the
country and allow for a phased withdrawal of Ethiopian forces. He is supportive of a
peacekeeping operation, provided that it will have a mandate to assist in the protection of
civilians and that it will feature a significant human rights component. As he has advocated for
several years, a human rights presence for Somalia is necessary - either as part of a peacekeeping
operation or more advisable, as a separate entity. The human rights situation in Somalia is
sufficiently grave that a focused human rights presence is required to monitor and report
regularly on the situation and provide much-needed human rights expertise.
II.
HUMAN RIGHTS ABUSES DURING THE PERIOD
COVERED BY THE REPORT
16.
The entire group of interdependent and universal human rights are at extreme risk in the
current context of Somalia. The following summary does not intend to reflect all of the longstanding and previously documented human rights issues and violations, but presents
thematically key human rights issues and abuses brought to light during the period under
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