A/HRC/10/85
page 2
Summary
The election of a new President of Somalia, Sheikh Sharif Ahmed, the expansion of the
Parliament, the appointment of a government of unity, and the complete withdrawal of Ethiopian
troops from Somalia in early January 2009 have created a new momentum and a window of
opportunity for the implementation of the Djibouti peace agreement.
Furthermore, the feared breakdown in the security situation has not occurred so far, with
Sheikh Sharif Ahmed stressing that security was a main priority, during a visit to Mogadishu
immediately after his election. His assurances of an inclusive process and discussions with a
wide range of groups have also been positively perceived. Elsewhere in Somalia, peaceful
elections in “Puntland” in January led to the election of a new President and a Government
which has made a commitment to democratization and change.
Nevertheless, many challenges lie ahead, contributing to the unpredictability of the
situation. Strengthening security, including through the development of Somali transitional
forces and a new civilian police force in South/Central is urgent. At the same time, the African
Union Peace and Security Committee has urged the reinforcement of the African Union Mission
in Somalia (AMISOM) and asked the United Nations to provide urgently needed financial and
political support, which is currently under consideration.
Despite these recent political developments, all the parties to the conflict have continued to
commit serious violations of international humanitarian and human rights law. Indiscriminate
violence and frequent attacks against civilians continue, including the use of heavy artillery,
mortars and roadside bombs; targeted attacks, abduction and killings of aid workers and human
rights defenders, in particular journalists; smuggling and human trafficking; looting and
extensive property destruction; as well as sexual and gender-based violence. Intensified and
widespread violence, in 2008 especially, has also led to a significant increase in the number of
displaced persons, which stood at a staggering 1.1 million people as of September 2008.
Moreover, the right to food is severely affected by the drought and water shortages and the rights
to education, health, shelter, water and sanitation are seriously challenged. All these violations
and abuses of human rights and international humanitarian law are committed with total
impunity.
The lack of accountability for past and current violations and abuses of human rights and
international humanitarian law has further exacerbated the situation. A culture of impunity,
although not new, prevails, especially in those cases where the traditional clan structure does not
provide adequate protection, and most acutely in cases where the victims belong to a minority.
Although institutions are still very weak, the ongoing Djibouti peace process is the
opportunity to start building the necessary structures to prevent human rights violations and
abuses in the future. The establishment of the Joint Security Committee1 and the High Level
1
The Joint Security Committee (JSC) and the High Level Committee (HLC), as established
respectively by the articles 8 and 9 of the Djibouti Agreement, are two key bodies of the peace
accord chaired by the United Nations to follow up on the implementation of agreed security
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