A/HRC/42/62
II. Visit to Somalia
20.
In preparation for his sixth and final visit to Somalia between 15 and 25 July 2019,
the Independent Expert held consultations with the Permanent Representative of Turkey to
the United Nations and other international organizations in Geneva, the Special
Representative of the Secretary-General on Sexual Violence in Conflict and the Special
Representative of the Secretary-General for Children and Armed Conflict, in New York,
and representatives of the donor community, the International Committee of the Red Cross,
Amnesty International, Human Rights Watch, the International Development Law
Organization (IDLO) and the Panel of Experts on Somalia, in Nairobi.
A.
Mogadishu
21.
During the visit, the Independent Expert did not visit the Federal Member States due
to logistical and time constraints. However, he visited Jubbaland, South-West State and
Puntland between December 2014 and May 2018. In May 2018, he met the Ministers for
Human Rights from Hirshabelle and Galmudug.
22.
In Mogadishu, he met the Speaker of the Federal Parliament and members of its
Human Rights Committee, and Federal Ministers for Constitutional Affairs, Energy and
Water Resources, Health, Justice, and Women and Human Rights Development. He also
met representatives of AMISOM, UNSOM, United Nations agencies, civil society
organizations, humanitarian organizations and trade unions.
1.
Political, constitutional and security developments
23.
The visit was conducted in the wake of numerous developments. On 12 October
2018, the General Assembly elected Somalia to the Human Rights Council.
24.
At the national level, elections for the Federal Member States were taking place
despite the absence of an agreed federal electoral law. Puntland held elections in January
2019 with Said Abdullahi Mohamed Deni being elected President, replacing Abdiweli
Mohamed Ali Gaas. At the time of the visit, Prime Minister Hassan Ali Khayre was fully
engaged with the leadership of Galmudug in consolidating peace.
25.
During the December 2018 South-West State presidential elections, demonstrations
were forcefully suppressed following the arrest of Mukhtar Robow, a former Al-Shabaab
deputy commander, reportedly for not complying with the terms agreed with the Federal
Government regarding the sanctions against him upon his defection. Subsequently,
Abdiaziz Hassan Mohamed was elected President of South-West State on 19 December
2018. The violent suppression of the demonstrations raised human rights concerns. It was
alleged that 15 civilians were killed and 254 were arrested, but later released without any
charges. The intervention by the United Nations regarding human rights concerns arising
from the South-West State elections, compounded by the volatile political climate, was met
with a strong reaction from the Federal Government, leading to the replacement of the then
Special Representative of the Secretary-General and head of UNSOM. The new Special
Representative was appointed on 30 May 2019.
26.
On 12 July 2019, Al-Shabaab attacked a hotel in Kismaayo, Jubbaland, which was
hosting a pre-election conference, killing 26 people, among them a presidential candidate
and foreign nationals. Some 56 people were injured. The presidential elections were held on
22 August amidst a climate of tension. The process administered by the Jubbaland
Independent Electoral and Boundaries Commission was perceived by some as being biased
and lacking inclusivity, leading to three separate electoral processes being held
simultaneously: one led by the Commission and two parallel processes by the nonregistered opposition candidates. This resulted in three people being declared President,
including the incumbent, Ahmed Mohamed Islam Madobe.
27.
The Independent Expert heard concerns that Somalia might miss the election time
frame unless the new constitution were adopted in time. He raised this matter with the
6
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