A/HRC/10/85
page 22
78. I would like to make a recommendation for consideration of the Human Rights
Council, which can play an important role in drawing the terrible human rights and
humanitarian law situation in Somalia to the attention of the international community. The
Council could call for a special session on the situation of human rights in Somalia or at
least for a panel discussion. I have recently written to a number of thematic
mandate-holders on getting together under some mechanism for this purpose.
79. The recommendations I made to UNHCR in my previous report remain valid.2 In
addition, I would recommend that UNHCR, together with OHCHR, and the UNCT,
together with the International Organization for Migration (IOM) and civil society, make
further representation to the Governments of Kenya and Yemen regarding the urgent need
for more land for a potential spike in arrivals of Somali refugees in Kenya and for the
burial of the dead bodies from the sea drowning in Yemen.
80. UNHCR should also consider, together with other relevant agencies, to undertake
awareness campaigns on the dangers of crossing the Gulf of Aden in unsafe boats. To
address the root causes of smuggling and trafficking of boat-people from the port city
Bossasso in Somalia, UNHCR and IOM could also consider opening sub-offices in the
relatively peaceful parts of Somalia. Such offices could also consider, with international
support, small reinsertion projects for prospective asylum-seekers by providing them
with humanitarian assistance in safe places. This may help mitigate the flow of new
asylum-seekers to neighbouring countries and even attract returnees.
Recommendations to the Government of Yemen
81. I am impressed by the commitment of the Government of Yemen to welcome and
assist Somali refugees in Yemen. Its generosity is indeed commendable. However, there are
a few areas where the Government could further improve the situation of the refugees,
such as through the issuance/renewal of refugee identification (ID) cards. I was promised
that this would be done soon. If it is not done yet, I would welcome its expedition.
82. I am encouraged that the Ministry of Human Rights proposed the establishment of an
inter-ministerial Drafting Committee for National Refugee Law, including UNHCR as a
member of the Committee. I was told that refugees and asylum matters are governed by
various national laws and institutions, and their implementation is sometimes ad hoc,
inconsistent and not in accordance with international protection principles.
2
In my report to the ninth session of the Council, I recommended that UNHCR seeks ways to
improve its capacity to deal with large numbers of new arrivals in the Dadaab Camps in Kenya
and gives serious consideration to develop a project aimed at providing young refugee girls and
boys with scholarships so that they can continue their studies at the university level after
completion of secondary level studies at refugee camps. I also further welcomed the attention of
the Special Rapporteur on the right to education on the matter.
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