A/HRC/42/62 I. Introduction 1. The report of the Independent Expert on the situation of human rights in Somalia, Bahame Tom Nyanduga, is submitted pursuant to Human Rights Council resolution 39/23. The Council requested him to work closely with the Federal Government of Somalia at the national and subnational levels, as well as with all United Nations bodies, including the United Nations Assistance Mission in Somalia (UNSOM), the African Union, the Intergovernmental Authority on Development (IGAD), other relevant international organizations, civil society and all relevant human rights mechanisms, and to assist Somalia, inter alia, in the implementation of its national and international human rights obligations. The Council also requested the Independent Expert to report to it at its forty-second session and to the General Assembly at its seventy-fourth session. 2. In the present report, the Independent Expert assesses the human rights situation in Somalia over the past year and reviews the achievements and challenges since the establishment of the mandate more than 25 years ago. A. Establishment of the mandate 3. The mandate of the Independent Expert on the situation of human rights in Somalia was established pursuant to resolution 1993/86 of the Commission on Human Rights (see E/CN.4/1993/122). 4. The resolution requested the Secretary-General to appoint an independent expert to assist the Special Representative of the Secretary-General for Somalia in developing a longterm programme of advisory services for re-establishing human rights and the rule of law in Somalia, including a democratic constitution, as well as the holding of periodic and genuine elections by universal suffrage and secret ballot (see E/CN.4/1993/122). 5. In March 1995, the Commission on Human Rights adopted resolution 1995/56, which called upon all parties to the conflict in Somalia to work towards a peaceful solution to the crisis. It requested the Independent Expert to study ways to re-establish respect for human rights and the rule of law, strengthening the police and the judicial and prison systems in Somalia, and how best to implement a programme of advisory services for Somalia. 6. The mandate of the Independent Expert was extended by the Human Rights Council in 20071 and the reports of the mandate have been considered under agenda item 10 on technical assistance and capacity-building since 2008 (see A/HRC/7/26). B. Human rights challenges identified by previous mandate holders 7. The current report is submitted to the Council 25 years after the initial report of the first Independent Expert (see E/CN.4/1994/77). There have been six Independent Experts to date. 8. Fanuel Jariretundu Kozonguizi (1993–1994) noted that the absence of an accountable government and lack of infrastructure were impediments to justice and accountability for human rights violations. He called for the establishment of independent human rights monitors to receive complaints and investigate reports of violations of human rights and humanitarian law (E/CN.4/1994/77, paras. 6 and 27). 9. Mohamed Charfi (1995–1996) highlighted challenges related to the administration of justice and fair trial guarantees, extrajudicial killings and arbitrary executions of unarmed civilians, including the deliberate targeting of clan elders involved in moves towards reconciliation, the treatment of minorities, attacks against humanitarian personnel, and rape and sexual abuse of women, particularly the displaced, by members of militia, or 1 See Human Rights Council resolution 5/1. 3