A/HRC/21/61
only a slogan but a practice by the Government, and where human rights are
promoted and protected by it.
92.
The proposed human rights road map must move the focus of human rights in
Somalia beyond civil and political rights to include economic, social and cultural
rights. While the rights to due process, freedom from illegal and arbitrary detention,
freedom from torture and cruel treatment, access to justice, the right to due process,
the right to a fair pre-detention procedure and the right to a lawyer must be
emphasized and people must be helped to understand that these are their
constitutionally guaranteed rights, an ordinary Somali citizen faced with hunger,
thirst and the deprivation of basic requirements of life would perhaps be more keen to
hear about the enjoyment of the right to food, water and sanitation, health, education
and the like. The road map must clarify how the Government proposes to go about
realizing them.
93.
The human rights road map could be developed with the help of thematic
mandate holders under the special procedures system. The Government of Somalia
could consider inviting these mechanisms to identify the various needs in the
respective fields. The Independent Expert believes that the mandates of a significant
number of mandate holders are of relevance to the situation of Somalia.
94.
The Independent Expert wishes to remind the Government that human rights
encompass the gamut of human existence, and attention to all of them is important for
human dignity and quality of life. The Government could prioritize the
implementation plan in the respective areas with help of the mandate holders. This
would send a positive message to the international community and move them to assist
the Government in the realization of these rights.
95.
By the time the present report is presented to the Human Rights Council, the
road map to end the transition in Somalia will be completed and a new posttransitional Government for Somalia in office. Many of the recommendations made
herein will therefore fall upon the new Government to implement. The Transitional
Federal Government should, however, prepare the ground for the post-transitional
Government to build upon. The international community and the United Nations will,
of course, have a very important role to play during the interim and post-transitional
periods.
A.
Transitional Federal Government and transitional federal institutions
96.
The Independent Expert urges the Transitional Federal Government to develop
a human rights road map with a time frame for the implementation of each activity
and assigning specific responsibility to members of the Government. This should be
developed in a process that is inclusive, participatory and transparent. Ideas and
recommendations could be sought from all Somali citizens, particularly in identifying
priorities. OHCHR and thematic mandate holders could also help in this regard.
97.
The Independent Expert is concerned about reports that unscrupulous groups
are attempting to garner support for candidates in the coming elections by offering
them money or threatening them. Such attempts must be resisted at all costs. If they
succeed, a basic objective of democracy and human rights underlying the road map
will be defeated. The Independent Expert urges all relevant parties to work together
with the Government in this regard.
98.
The Independent Expert believes that the human rights road map would be
best built upon good governance and the rule of law, which should therefore be a key
priority of the Government.
17
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