A/HRC/10/85
page 7
7.
A preparatory conference on Justice and Reconciliation was organized by the
Human Rights Unit of UNPOS, together with experts from OHCHR Headquarters in Geneva.
The conference was an important part in the implementation of the Djibouti Peace Agreement
formalized in August 2008 between the Transitional Federal Government (TFG) and the
opposition grouping known as the Alliance for the Re-Liberation of Somalia (ARS). In its
article 9, the agreement had, inter alia, led to the establishment of a High Level Committee
(HLC) of the parties to follow up on issues of justice and reconciliation, as well as other political
matters. Those attending the meeting were members of the HLC and UNPOS, of Somali civil
society representatives from African Union (AU), the Intergovernmental Authority on
Development (IGAD), the European Union (EU), UNICEF, UNIFEM, UNHCR, and the
Department of Political Affairs, among others.
8.
The main objective of the conference was to provide the two main parties to the
Djibouti Agreement with information and tools on the different types of mechanisms to be set up
in the context of a transitional justice process, to highlight the need for respect for existing
international framework and the development of a locally relevant process respecting that
framework. The idea was to set the ball rolling in this regard.
9.
The preparatory conference ended with an agreement to set up a working group made up of
representatives of each party and chaired by UNPOS. The working group would make an
in-depth review of possible mechanisms such as the establishment of a commission of inquiry
and/or judicial mechanisms to deal with human rights and humanitarian law violations. It would
present its work and proposals at a second preparatory meeting to be held in early 2009, prior to
the main conference on justice and reconciliation which would take place later in the year.
10. I consider this to be a very positive development. As a participant in the conference, I was
pleased by the level of commitment of the parties towards peace and reconciliation in Somalia. It
will be important for UNPOS and OHCHR to take the outcome of this preparatory conference
forward by ensuring proper follow-up in cooperation with the working group. The conference
was very useful in providing information and initiating discussions on transitional justice issues
but, as has been rightly recognized by UNPOS, it will be an uphill task to balance the time
required to develop a proper, well-informed process and the security requirements on the ground
for it to be put in place, and at the same time show some concrete signs of progress.
11. As the conference overlapped with a meeting of the HLC of the parties under the
Djibouti Agreement, I had the opportunity to attend the signing of the decisions of the HLC on a
power-sharing agreement between the TFG and the ARS. In particular, the parties agreed to
establish a Unity Government and an enlarged Parliament to accommodate the opposition forces
and other elements. The decisions also included, as mentioned earlier, the establishment of a
working group to explore as appropriate a possible mechanism to set up a Commission of
Inquiry (COI) and/or an International Tribunal to address gross violations of human rights and
international humanitarian law and to move forward to end impunity and establish a system and
mechanism to ensure accountability.
12. In between the meetings in Djibouti, I had the occasion to meet with senior ministers of
the TFG, including the Prime Minister, the Deputy Prime Minister and the Minister for Defence.
I also met with a large number of members of the Transitional Federal Parliament (TFP). Equally
important was the opportunity to meet with a significant number of opposition leaders belonging
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