A/HRC/27/71 H. Civil society and freedom of association 35. The Independent Expert is concerned about allegations in some quarters that the Federal Government of Somalia is reticent about the prominent role played by civil society organizations in the delivery of services. The Independent Expert believes that NGOs and other civil society organizations play a critical role in enabling the Government to implement its Six Pillar Policy. I. National human rights commission 36. The Independent Expert understands that the process of establishing a national human rights commission is ongoing and that consultations on the draft bill are taking place. The Ministry of Women and Human Rights Development has given the matter priority, and will require technical assistance to ensure that the legislation establishing the national human rights commission reflects the Paris Principles. J. Constitutional review 37. The Independent Expert was informed that the constitutional review process was under way. The United Nations Assistance Mission in Somalia and UNDP have provided technical and financial support to the Ministry of Justice and the Constitution Implementation and Review Commission. In view of the importance, urgency and enormity of the work needed for the adoption of the Constitution in 2015 and the holding of elections in 2016, additional funds and technical assistance are urgently required. K. Respect for the principle of non-refoulement 38. The Independent Expert heard very strong opposition to the forced return or repatriation of refugees from Kenya. The Independent Expert was assured by UNHCR that any return of refugees, under the 10 November Tripartite Agreement, would be based on voluntariness, dignity and safety; conditions which do not appear to exist in south central Somalia, from where most of the refugees currently in Kenya originate. L. The clan system 39. The Independent Expert was informed by several interlocutors how deeply the clan structure was embedded in Somali society and of the positive roles those structures played and continued to play during conflict. For instance, some humanitarian actors noted that, with the assistance of the clans, they had been able to deliver humanitarian services and assistance to populations in rural areas including areas controlled by Al-Shabaab. Such positive aspects of the clan structure should be used for the benefit of the Somali population. M. A cursory look at Xeer 40. The National Strategic Plan for Justice Reform states that the sharia and Xeer systems are deeply rooted in Somali society. The main justice mechanism for the majority of Somalis is Xeer. It is administered by clan elders and covers a variety of issues including: payment of blood money to compensate victims in murder, assault and theft cases; regulation of the use of natural resources, such as grazing and water rights, and 10