A/HRC/10/85
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previous mission, whom do I address my concerns to and share my recommendations with in the
absence of an effective and stable central Government? To whom do I channel “the flow of
technical assistance to Somalia” as the Council mandates me to, when the transitional
Government exercises only limited authority? And with whom would I discuss the requirements
of “technical assistance” when I am unable to talk to the relevant authorities in the country
because of my lack of access to many of them, except in a fleeting manner? I believe that an
independent expert’s role in Somalia will only be effective when there is an effective
Government on the ground. My hope is that such a day is not far off, in view of the hopeful signs
on the horizon.
59. I see a catalytic role for the independent expert to play by bringing the stark realities of
Somalia into sharper focus for the international community to take notice of and consider
necessary measures. If I can contribute even a little to change the status of “most forgotten
humanitarian crisis” which Somalia has acquired, I would feel that I have been of some use.
60. In this regard, I would like to recognize the sterling role played by the NGO community,
both national and international, in bringing the inhuman suffering and unconscionable
deprivations that the Somali people are going through to the attention of the international
community. The international NGOs have been bringing out detailed and timely reports on the
situation in Somalia for quite some time. Most of these are highly objective and extremely
constructive. The recent reports of Human Rights Watch and Amnesty International contain
some useful recommendations for the improvement of the situation in Somalia. In its latest report
“So much to fear - war crimes and devastation of Somalia”, Human Rights Watch reiterated
among other recommendations, the need for the Security Council to “establish an independent
and impartial commission of inquiry to investigate and map serious crimes and recommend
further measures to recommend accountability”. This NGO is convinced that the relevant data is
available and in the public domain, to support the analysis of the human rights situation in
Somalia, despite the challenges on the ground in terms of security and access to credible
information. I would like to draw the attention of all concerned to this data.
61. On the political front, I am convinced that the peace process initiated by the Special
Representative of the Secretary-General for Somalia offers the best opportunity for the return of
peace and respect for human rights in Somalia. The process has come a long way in the last
six months and must not be allowed to lose steam. There is an urgent need, therefore, to ensure
implementation and follow-up of the various aspects of the Djibouti Agreement.
62. I was happy to participate in the follow-up process of the Djibouti Agreement. In my talks
with members of the High Level Committee in Djibouti including to both the sides I sensed their
fervent hope that the long dark night of suffering would come to an end sooner than later.
However, as I told them, it is they who must play the key role to ensure that the process of
justice and reconciliation leads to adoption of effective mechanisms to bring those responsible
for the most serious violations of human rights and humanitarian law to justice, and to guarantee
the rule of law. In this regard, they will, of course, need the full support of the international
community.
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