A/HRC/42/62
75.
As regards sexual violence, civil society organizations recommended the
establishment of a forensic laboratory to strengthen investigations, and the training and
employment of female police, prosecutors and judges. Currently, there are only six
prosecutors and one judge who are women.
76.
With respect to the establishment of the National Human Rights Commission, civil
society organizations expressed concern that its non-operationalization was a major setback
to the protection of human rights. As regards counter-terrorism, they noted that the law and
enforcement measures were not subject to any human rights scrutiny, hence perpetuating
impunity.
14.
African Union Mission in Somalia
77.
The Independent Expert met a representative of the African Union Mission in
Somalia (AMISOM). The Independent Expert emphasized the need for AMISOM to
comply with its obligations. The Independent Expert commended the contribution of
AMISOM to the establishment of a conducive environment for the enjoyment of human
rights. He inquired about the preparedness of AMISOM for the handover of security
responsibilities and the drawing down of its forces. He emphasized the need to adopt
realistic conditions and timelines for the drawdown and hand over of security arrangements,
lest the drawdown of its forces negatively affect the security environment and the human
rights situation in general.
78.
The representative acknowledged the improved coordination with UNSOM during
investigations of alleged violations committed by AMISOM forces. AMISOM shares the
outcomes of their board of inquiries with UNSOM and has enhanced its Human Rights and
Gender Unit, with officers deployed throughout its operational sectors. The number of
violations declined from 94 in 2017 to 21 in 2018 due to the measures that had been
implemented.
79.
AMISOM troop contributing countries have been conducting pre-deployment
training. Some 5,541 commanders have been trained since 2011 in human rights and
international humanitarian law. AMISOM has trained 180 trainers of trainers in the Somalia
National Army, 600 soldiers and officers and other security and government officials on
international humanitarian law and human rights.
80.
As regards the tracking of civilian casualties, thorough investigations of allegations
are conducted and ex gratia payments made. However, only $200,000 has been paid by the
African Union and the UNSOM to the voluntary fund for ex gratia payments.
81.
The challenges related to the drawdown of AMISOM forces were communicated to
the joint review meeting of the African Union and the United Nations in March 2019. The
drawdown has implications for the proposed 2020/2021 elections. The representative
expected decision makers to consider the situation on the ground following the departure of
troops from a number of forward-operating bases, which were in the front-line areas and
thus important for the control of supply routes.
B.
Somaliland
82. The Independent Expert visited Hargeysa, Somaliland, between 17 and 19 July 2019.
He met the Speaker of the Somaliland Parliament, the Attorney General, the Minister of
Justice, the Somaliland Human Rights Commission and representatives of civil society
organizations. Somaliland held presidential elections in 2017 but has not elected members
of Parliament for more than 15 years.
83.
Somaliland has adopted a number of laws, policies and measures to enhance the
protection of human rights, including a policy on the rights of internally displaced persons
and a national disability policy in 2015. A 2014 presidential decree stipulated that all
buildings in Somaliland, both public and private, were to provide access to all. The Juvenile
Justice Law was adopted in 2007. A presidential adviser on disability was appointed during
the Independent Expert’s visit. However, such laws and policies have not been
14
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