A/HRC/18/6
Introduction
1.
The Working Group on the Universal Periodic Review (UPR), established in
accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its eleventh
session from 2 to 13 May 2011. The review of Somalia was held at the 4th, meeting on 3
May 2011. The delegation of Somalia was headed by Zahra Mohamed Ali Samantar, State
Minister at the Office of the Prime Minister of the Transitional Federal Government of the
Republic of Somalia and national focal point of child protection and human rights. At its
8th meeting, held on 5 May 2011, the Working Group adopted the report on Somalia
2.
On 21 June 2010, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Somalia: Angola, Mexico, Thailand.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following
documents were issued for the review of Somalia:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/11/SOM/1);
(b)
A compilation prepared by OHCHR in accordance with paragraph 15 (b)
(A/HRC/WG.6/11/SOM/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/11/SOM/3).
4.
A list of questions prepared in advance by Belgium, Canada, the Czech Republic,
Denmark, Ireland, Latvia, Netherlands, Norway, Slovenia, Sweden, Switzerland and the
United Kingdom of Great Britain and Northern Ireland was transmitted to Somalia through
the troika. These questions are available on the extranet of the UPR.
I.
Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
The head of the delegation stated that an understanding of the Somali situation and
the political impasse in which Somalia has been trapped for more than two decades is a prerequisite to any meaningful discussion on the human rights situation in Somalia and the
challenges that it faces. For the past two decades, Somalia has been characterized by the
total breakdown of all basic service delivery and systems of governance, including rule-oflaw institutions.
6.
A degree of stability continues in Somaliland as well as in Puntland, which has
permitted certain progress in human rights enjoyment. This was mainly due to locally
dominant clans using the influence of respected traditional leaders as facilitators of
reconciliation while in the south and central regions warlords have used clan elders as a
means to stay in power.
7.
The continuing armed conflict has resulted in the total destruction of assets and
infrastructure in south and central Somalia. Any progress made since independence in
forming a unified national entity has been lost, the rule of law collapsed and people have
had to go back to the traditional system and seek protection from their clans.
8.
At the same time, however, the traditional structures and institutions that for many
generations functioned through kinship, marriage, and the social codes of conduct, “Xeer”,
(Somali customary law) to maintain social cohesion have been weakened by the
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