A/HRC/18/48
V.
Developments relating to human rights in South-Central
Somalia
A.
Protection of civilians
28.
The protection of civilians remains a major concern in Mogadishu and other areas in
the South, where fighting has been intense. In mid-February, AMISOM and the
Transitional Federal Government launched a major offensive to expand Government
control over Mogadishu, with a second front along the border with Ethiopia and Kenya,
causing further displacement. In February alone, the fighting resulted in the displacement of
24,000 people countrywide, 6,000 of whom in Mogadishu districts.
29.
In Mogadishu, an increase in fighting results in an increase in civilian casualties, as
testified by the surge in under-five casualties in Mogadishu in the period from March to
May 2011. According to the World Health Organization (WHO), in May 1,590 people with
weapon-related injuries were admitted to the three main hospitals in Mogadishu, almost
half of whom were children under five. Most suffered from blast-related injuries. Military
operations conducted in highly-populated urban areas, failure to distinguish between
civilians and combatants, deliberate and indiscriminate attacks, including the use of
improvised explosive devices and suicide attacks by Al-Shabaab, account for a significant
number of civilian deaths and injuries. The independent expert is extremely concerned at
the impact of a military offensive in Mogadishu at this time of crisis and displacement.
30.
AMISOM has taken some preventive measures to limit civilian casualties, such as a
policy of no-indirect fire and the identification of no-fire zones, although specialized
equipment and other measures are still needed. Some AMISOM personnel received training
on international humanitarian law and protection of civilians in December, and further
training is envisaged. AMISOM also carried out investigations into two separate incidents
where its troops apparently carelessly opened fire against passers-by. As a result, three
soldiers are serving prison sentences in Uganda. The independent expert encourages the
African Union and the United Nations to strengthen their cooperation on issues of
protection of civilians and recommends that the effectiveness of the African Union/United
Nations working group to serve as a mechanism for coordination in this key area be
reinforced.
31.
Poor command and control over Transitional Federal Government forces and the
loose integration of soldiers with militia and clan-based affiliation have led to a series of
incidents resulting in violence not directly resulting from the conflict. On 30 January, for
example, clashes between Transitional Federal Government police and a Transitional
Federal Government special security unit near Banadir Hospital killed at least 16 people
and injured 56 others. The Government publicly regretted the incident and arrested five
individuals. Four persons were reportedly killed on 19 July in a shootout in Villa Somalia
between guards of the President and of the Speaker. Reports of Government forces
harassing and using violence against civilians have also been made. On 19 July, a student
was shot dead by Government soldiers in Wabeeri district after he resisted the stealing of
his computer. Al-Shabaab, on the other hand, continues to perpetrate serious violations of
humanitarian and human rights law, including summary executions of civilians associated
with the Government, unlawful arrest and detention and acts amounting to torture and other
inhumane, cruel and degrading practices, such as flogging, amputation and stoning.
7
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