A/HRC/33/64
I. Introduction
1.
In its resolution 30/20, the Human Rights Council renewed the mandate of the
Independent Expert on the situation of human rights in Somalia for one year. It also
requested the mandate holder to continue engagement with the Government of Somalia,
civil society and the United Nations Assistance Mission in Somalia (UNSOM) with a view
to assisting Somalia in the implementation of its human rights obligations, Council
resolutions and accepted universal periodic review recommendations, and other human
rights commitments, including the post-transition human rights road map and the process to
establish an independent human rights commission in due course. The Independent Expert,
Bahame Tom Nyanduga, submits the present report to the Council pursuant to that request.
2.
The Independent Expert conducted a mission to Somalia from 16 to 24 April 2016.
He expresses his appreciation to the Federal Government of Somalia and regional
authorities for their cooperation, which enabled him to interact with Federal State officials,
including the Speaker of Parliament, the Deputy Prime Minister, the Attorney General, the
Minister for Women and Human Rights Development, the Minister of the Interior and the
Minister for Information, and other senior officials.
3.
The Independent Expert met the Speaker of Parliament and Acting President of
South-West Administration and senior ministers in Baidoa, and in Kismayo the Minister for
Women and Human Rights Development of Jubbaland. He also held consultations with the
Deputy Special Representative of the Secretary-General and senior staff members of
UNSOM, and met the Special Representative of the African Union Commission
Chairperson and head of the African Union Mission in Somalia (AMISOM), his military
commanders, and political and human rights advisers. He met representatives of civil
society, including traditional elders, scholars on Islamic law, women, young people,
members of the media, and persons with a disability. Owing to logistical constraints, the
Independent Expert was not able to visit Puntland and Hargeisa. Any reference to Puntland
and Somaliland made by the Independent Expert in the present report is based on an
analysis of available reports and documents.
4.
The Independent Expert submits the present report to the Human Rights Council in
the wake of important developments that are likely to have an impact on the situation of
human rights in Somalia. Somalia has continued in its agenda of State-building, which is
critical for the electoral process in 2016. The implementation of the Vision 2016
programme has continued despite major challenges, including continuing attacks by AlShabaab and the loss of territories that had previously been recovered. Other setbacks
included attacks by Al-Shabaab against AMISOM military installations and the civilian
population, and in particular on Mogadishu hotels. In spite of these losses, the Somalia
National Army and AMISOM have continued to recover territory and to consolidate their
gains, despite the operational challenges discussed below.
II. Objectives of the mission
5.
The objectives of the mission conducted by the Independent Expert were to follow
up on the implementation of the recommendations made by the mandate holder in his
previous reports and made in reports of other human rights mechanisms; to assess the
situation of human rights and to identify capacity gaps, and to take stock of the
implementation of the recommendations accepted by the State at the eleventh session of the
Working Group on the Universal Periodic Review (see A/HRC/18/6), and the process of
adoption of a constitution. Another of his objectives was to assess progress in the ongoing
State-building process as Somalia heads towards elections later in 2016. The Independent
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