A/HRC/21/61
response of law enforcement agents to protests must comply with the international
requirements of necessity and proportionality in the use of force, in accordance with
the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
109. The Independent Expert urges Somaliland to abide by its international
obligations under international and regional refugee laws and UNHCR guidelines.
Somaliland should refrain from the forced repatriation of Somalis from south-central
regions, as well as of African refugees and asylum seekers.
110. The Independent Expert urges the Government and Parliament of Somaliland
to prohibit the imprisonment of youths simply for disobedience to their parents. While
taking into account customary law, parents should have full responsibility for provide
their children under the age of 18 with the best possible education and face the
challenges in this regard.
C.
Puntland
111. The Independent Expert urges the Puntland authorities to take appropriate
measures to stop the pattern of attacks on judges and prosecutors, as well as on
businessmen and religious leaders. A continuation of this trend will have a serious
impact on the rule of law and the administration of justice in Puntland. The
Independent Expert is also concerned about the dismissal without charges of 21
judges at the request of the Chief of Justice. This increases a vacuum and tensions in
the administration of justice.
112. While the hospitality shown by Puntland to internally displaced persons from
South-Central Somalia is commendable and the need for Puntland to prevent terrorist
acts by Al- Shabaab is understandable, the Independent Expert is concerned about
the mass arrests made at checkpoints without due process of young people coming
from South-central Somalia, and therefore urges that any action taken in this respect
be consistent with Puntland’s obligations under international and African human
rights standards.
113. The Independent Expert encourages the Government of Puntland to
operationalize the Office of the Human Rights Defender and to appoint its President
in a transparent manner, following broad consultations with all stakeholders,
including civil society organizations. OHCHR and the Human Rights Unit could
provide technical assistance to the Office to ensure that it acts in compliance with the
Paris Principles.
D.
International community
114. The primary attention of the international community in the two weeks before
the transition period comes to an end should be to ensure that the elections scheduled
in the road map are successfully held. The Independent Expert suggests that
AMISOM forces be empowered to deal with any signs of wrongdoing in the electoral
process.
115. The international community should consider supporting all credible efforts
made by the Government for the promotion and protection of human rights in
Somalia. It should in particular support a stronger focus of the Government on
economic, social and cultural rights. Specific consideration should be given to the
promotion of the right to education, given that almost two generations of Somali
children have been denied the benefit of education owing to the protracted conflict.
19
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