A/HRC/13/65
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D. For the opposition groups
98. The independent expert urges all the opposition forces, in particular Al-Shabaab and
Hizbul Islam, to seriously engage with the Government in negotiating a peaceful settlement
to the conflict in Somalia. Some are reportedly already involved in the process and the
expert urges others to engage soon for the sake of the people of Somalia, who have long
suffered some of the worst violations of human rights and humanitarian law in the world.
He also recalls that, as long as they are still fighting, their troops should respect the basic
principles of human rights and humanitarian law. The independent expert would welcome
communications from them in this or any other regard.
E. For the United Nations
99. Although the United Nations consolidated appeal for Somalia is underfunded, there
are some key activities that the United Nations must nevertheless continue. These include
humanitarian assistance by WFP, UNICEF activities in relation to women and children,
the role of UNESCO in the field of education, the role of UNDP in constitution-building
and implementation of the Rule of Law and Security Programme, the role of UNHCR for
refugees and IDPs and the role of the UNPOS Human Rights Unit in standard-setting in
the field of human rights and humanitarian laws. Many of these activities relate to
capacity-building and standard-setting and are important for the Government’s efforts in
relation to rule of law and good governance.
100. The key United Nations agencies should consider moving their country offices to
Somalia as soon as possible. This should be possible with the construction of more secure
office spaces and staff accommodation in the safer areas of Somalia. What is needed is the
political will. There are many difficult places in the world where security situation is
perhaps more precarious but where full-fledged United Nations offices nevertheless exist.
101. The independent expert welcomes that the Special Representative of the SecretaryGeneral for Somalia himself is in favour of moving his office to Somalia and has initiated
measures in this regard, and suggests that the Human Rights Unit also moves with him. In
any case, the Unit’s staff should move to safer areas of Somalia as soon as possible and
their numbers increased. In 2009, despite many promises, there has been no increase in its
staff of two; this is too few a number to cover a country like Somalia. OHCHR itself should
consider a full-fledged presence in Somalia, as it could do much to promote human rights
in that country, including monitoring and reporting on human rights violations and
training and building the capacity of institutions that are capable of providing human
rights protection.
102. The independent expert welcomes the deployment of an international consultant by
OHCHR/UNPOS in October–November 2009 in Nairobi to assess the feasibility of a
preliminary documentation assessment on the past and current human rights and
international humanitarian law abuses as a way of moving forward on impunity and
accountability. He hopes the recommendations will be actively followed up and reiterates
the need to establish an appropriate mechanism to combat impunity and hold the
perpetrators of these potential war crimes and massive human rights and humanitarian
law violations accountable.
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