A/HRC/12/44 page 4 I. INTRODUCTION 1. While the conflict in Somalia has been largely based on clan rivalry since the fall of the Siad Barre regime in 1991 and the collapse of the United Nations peacekeeping mission in 1993, the involvement of religious issues in 2006 has compounded the situation further. Conditions have worsened since the emergence of more hard-line Islamist opposition forces vying for power in early 2009. As a result, the human rights and humanitarian law situation in the country continues to swing between bad and worse, as it had for almost two decades. 2. In his previous report (A/HRC/10/85), the independent expert expressed some cautious optimism on the prospects of the Djibouti Agreement signed between the main warring factions in June 2008. The situation indeed improved significantly after the peaceful installation of an internationally supported Transitional Federal Government of Somalia in late December 2008 and the withdrawal of Ethiopian troops. Hopes were however, soon dashed by the emergence of the hard-line Islamist Al-Shabaab opposition forces, which immediately launched a violent drive to oust the Government, causing more bloodshed and violence in and around Mogadishu and many other parts of south-central Somalia. 3. While the optimism of the independent expert was thus belied to an extent, he continues to believe that the situation in Somalia has reached a critical juncture that, if handled properly, is likely to yield positive results. Firstly, the implementation of the Djibouti Agreement has kindled new hope for the people, who have suffered senseless violence for too long. The departure of the Ethiopian troops has removed a great deal of earlier antipathy of the people towards the Government. The adoption by the new Government of sharia law as the basis of governance in Somalia has weakened opposition forces. The imposition by the latter of a stricter Islamic regime in areas under their control has weakened their support. Furthermore, traditional clan rivalry that has fuelled the conflict for years appears to be on the wane since the introduction of Islamic objectives into the conflict. The time has come for the international community to take the bull by the horns and make an all-out effort to bring the crisis to an end. 4. Many may find the optimism of the independent expert misplaced under the present circumstances. At the current time, a great deal of violence is ongoing in and around Mogadishu and other parts of south-central Somalia. The independent expert nevertheless believes that, for the reasons mentioned above, it is possible to remain optimistic. Moreover, the international community has the responsibility of pursuing its efforts with regard to Somalia in a more positive vein, to bring the long-standing human rights and humanitarian law abuses in that country to an end. 5. The international community has used security concerns to limit its involvement in Somalia for far too long. It is time to break out of that mindset and search for a more imaginative, creative, innovative and robust engagement. Despite formidable challenges, new possibilities have to be unearthed. The focus of the independent expert’s recommendations are, therefore on opportunities that must be explored to make the positive happen. As mentioned in previous reports, the human rights situation in Somalia is inextricably linked to the reality on the ground; any effort to improve the former must take the latter into account and be built around it.