A/HRC/10/85
page 21
73. ARS should also take the necessary measures to build or enhance the capacity of their
members to participate constructively in the processes aimed at developing appropriate
laws and institutions for a more law-based and human rights-oriented society. It should
commit itself to improve the capacity of the Government of Unity and the inclusive
Parliament to improve the protection of all civilians.
Recommendations to the United Nations
74. A number of United Nations bodies are deeply involved in addressing the Somalia
crisis. The longest involvement has been that of the Security Council. In recent years it has
discussed the situation in Somalia on many occasions, and adopted important resolutions.
In my oral report to its ninth session, I made some recommendations for the Council and I
continue to see the protection and promotion of human rights and humanitarian law in
Somalia as inextricably linked to the political process led by the Special Representative of
the Secretary-General. In furtherance of that process, I cannot overemphasize the
importance of the provision of peacekeeping/stabilization forces in Somalia as foreseen in
the Djibouti Agreement. While I appreciate the caution of the members of the
Security Council in authorizing troops before improvement of security conditions on the
ground, I think it would be prudent to take the risk in acceding to the request of the parties
in this regard because a sizeable number of both Government and opposition forces, as well
as the respective clans behind them, have come together under a peace agreement. If this
opportunity is not seized, it is likely that the situation will get worse.
75. I encourage the Security Council to consider the proposal I made in my last report,
echoing that of my predecessor as well as that of some NGOs regarding the establishment
of an International Commission of Inquiry or a similar mechanism to investigate violations
of human rights and humanitarian law in Somalia (at least those committed in recent
years).
76. As for UNPOS, I commend the commitment of the Special Representative to
contribute to end impunity and hold those responsible for serious violations of human
rights and international humanitarian law accountable. On the basis of my recent talks
with people belonging both to the TFG, the Djibouti-based ARS, parliamentarians, as well
as newly arrived refugees in Kenya and Yemen, I am convinced that the people of Somalia
are fed up with war and destruction and genuinely desire the return of peace. If my
reading is correct, there may be some hope for the remaining opposition groups to listen to
arguments for peace. Even if they do not respond positively, the gesture may be useful and
nothing would be lost.
77. I was requested by refugees both in Kenya and Yemen to inform the Special
Representative about their wish to be included in the Djibouti peace process. I therefore
recommend that appropriate travel authorizations arrangements are made with relevant
authorities to consider the participation of refugees in meetings of the peace process outside
the country of refuge.
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