A/HRC/12/44
page 15
IV. HUMAN RIGHTS IN PUNTLAND
64. In Puntland, elections took place peacefully at the beginning of 2009. A new President and
Government took office; they are committed to establishing multiparty democracy through a new
constitution within two years. Members of the Puntland parliament endorsed, on 29 June 2009, a
new law on political parties under which 66 members of parliament were to be appointed by the
President, while only three political parties were allowed to compete in the presidential elections.
65. Although life in Puntland is relatively peaceful, given its proximity to the violence and
chaos of south and central Somalia, with the serious efforts made by the Puntland Government to
maintain law and order, albeit with many shortfalls, there are still many concerns in the field of
human rights, particularly with regard to the application of traditional forms of justice that are
often in conflict with universal principles of human rights. In spite of the impressive dynamism
of legal aid programmes and civil society organizations, there have been some recent instances
of murder trials under the Puntland judicial system which fell short of the standards expected of
a fair and equitable trial. However, this, the independent expert was informed, was not due to the
lack of political will on the part of the authorities, but to the capacity of the judiciary system and
the coexistence of many conflicting laws, particularly customary law, sharia law and formal
modern law.
66. In discussing the above matters with the authorities, the independent expert was informed
that, while the Government of Puntland was trying to avoid the application of traditional Xeer
law in cases of serious crime, by bringing them before the ordinary judiciary, the latter did not
have the capacity to ensure a fair trial and the technical means to prove a case beyond reasonable
doubt. Alleged perpetrators thus continue to be sentenced to death. According to civil society
sources, courts in Puntland bring murder cases to justice quickly and issue a first judgement soon
thereafter, especially if eyewitnesses are available or alleged perpetrators confess, to prevent
inter-clan fighting. In accordance with Xeer law, the family of the victim has the right to kill a
family member of the alleged perpetrator. The victim’s family often renounces this right if a
death sentence against the alleged perpetrator has been issued. This might have been the case in
two recent murder trials.
67. On 5 August 2009, the Minister for Information was assassinated by unknown gunmen in
Galkayo, a trade town that links Puntland to the south-central regions. The Minister had been
appointed by the President of Puntland to facilitate talks between stakeholders and leading
figures of the Mudug region in view of the formation of the regional administration. According
to reports from the region, the murder was a sub-clan’s revenge crime rather than a politically
motivated killing.
68. During the independent expert’s visit to Puntland, he requested that the Minister for Justice
organize a visit for the independent expert and his colleagues from UNPOS and the Office of the
United Nations High Commissioner for Human Rights (OHCHR) to the central prison of
Garowe. The independent expert had the impression that the conditions at the detention centre
were terribly bad, more because of lack of the capacity to hold large number of prisoners than
intentional abuse. Subsequently, he recommended that the UNPOS Human Rights Unit organize
training sessions for the penitentiary officials on the United Nations Standard Minimum Rules
for the Treatment of Prisoners to raise their awareness of relevant standards.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents