A/HRC/42/62
of the international community is crucial to rebuild and consolidate federal and State
institutions, the rule of law, and the justice and security sectors.
106. Although the clan system has positive aspects, it perpetuates discrimination
against women, members of minority clans and internally displaced persons across the
country. It is necessary for the Federal Government to adopt legislation, and
implement that which is already in place, to eliminate sexual and gender-based
violence and human rights abuses against internally displaced persons, members of
minority clans, persons with disabilities and marginalized people. The Federal
Government must ensure the implementation of the human rights obligations
assumed by Somalia, which are also enshrined in the subnational constitutions.
107. Inter- and intra-clan conflicts are caused by competition for resources and the
lack of protection afforded to weaker clans. Part of the solution to the intra-clan
conflicts is the establishment of structures and mechanisms for the management and
the utilization of resources, such as land and water. The traditional customary system
(xeer) should be revitalized as part of a reconciliation process to address the root
causes of the conflicts.
108. The Independent Expert commends the Somali people for their resilience. They
have endured terrible human rights violations over the last three decades and deserve
accountability and an apology from those who committed these crimes.
109. The Independent Expert commends donor countries, the United Nations, the
African Union, IGAD and international humanitarian agencies for their continued
support for Somalia. He specifically commends the troop and police contributing
countries to the AMISOM forces, all the international and African Union civilian
personnel and other bilateral donors for their sacrifices and commitment to
supporting Somalia as it transitions to peace and reconciliation.
110. The Independent Expert pays special tribute to the civil society in Somalia for
its steadfastness and consistent promotion of human rights awareness in Somalia in
the face of grave risks to their own safety and welfare.
111. The Independent Expert expresses appreciation to the President of Somalia,
Mohamed Abdullahi Mohamed Farmajo, and the Federal Government for the
opportunity to be of service to Somalia. He also extends his sincere gratitude to the
international community, including to the Office of the High Commissioner for
Human Rights and UNSOM, for supporting the mandate throughout the 25 years of
its existence.
V. Recommendations
112. In the light of the foregoing, the Independent Expert makes the following
recommendations to the Federal Government:
(a)
Hasten the adoption of the new constitution to provide a permanent
framework for federalism, governance, reconciliation and the protection of human
rights of women, minority clans, persons with disabilities and all marginalized and
vulnerable sections of the population, including representation and the right to
participate in the 2020/2021 elections;
(b)
Adopt the electoral law and the amendments to the legislation on
political parties before the 2020/2021 elections;
(c)
Investigate the election-related violence in South-West State and hold the
perpetrators of civilian casualties accountable;
(d)
Address the structural discrimination within the clan system against
minority clans, and adopt measures to address such structural discrimination,
including by ensuring equal access and participation in all such measures;
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