A/HRC/15/48
For the United Nations
75.
Of all the anthropogenic humanitarian crises that United Nations is presently
dealing with, the crisis in Somalia is perhaps the most challenging. It also offers
perhaps the most creative opportunities. If Somalia is the most “failed” State in the
world today, the United Nations has the unique opportunity to steer its revival. Such
an opportunity does not exist for the United Nations in Afghanistan, Iraq or
elsewhere, where there are other “big” players to lead. The United Nations has thus a
special responsibility for Somalia.
76.
The United Nations should take the lead in raising and holding the attention of
the international community on the terrible plight of the Somali people until a
satisfactory solution has been found. It should not be lost sight of simply because there
is no big power interest in Somalia today. Through its efforts and activities, the United
Nations should constantly highlight the dangers of the Somali conflict spilling over in
the region. In doing so, it must also highlight the positive developments arising from
the military/security/counter–terrorism/insurgency strategy that it is trying to put in
place in Somalia. It must continue its efforts to ensure that adequate resources,
including in the security and military sectors, are in place to create and sustain
positive progress towards the end of the transitional process in August 2011 and
beyond, till Somalia springs back from a failed State to a revived State.
77.
The United Nations must ensure greater integration and coherence among all
agencies working for Somalia and make sure that all its activities are specifically
focused on protecting and promoting human rights and humanitarian law. In this
regard, the Human Rights Unit attached to UNPOS should be strengthened and
upgraded so that it can fulfil its role to act as focal point for all United Nations
activities in this field. It has unfortunately not been able to play this role effectively so
far apparently because of cumbersome recruitment processes of the United Nations,
as a result of which during the course of the last two years it had to make do with
stop–gap arrangements. This must change and a special dispensation should be
considered for Somalia, if necessary. Together with security, human rights and
respect for humanitarian law must receive the highest attention from the United
Nations in Somalia. To give more visibility to human rights concerns, a robust
reporting strategy on human rights issues should be established.
78.
OHCHR should offer help to TFG in developing its universal periodic review
report which is due in 2011. While OHCHR has not been able to make much headway
in building technical capacity of TFG in regard to human rights because of ground
realities, the report could serve as a baseline to identify human rights needs of the
Government.
79.
OHCHR–UNPOS should ensure systematic documentation of human rights
and humanitarian law abuses currently taking place in Somalia with a view to
identifying the perpetrators. For this purpose, staff from the agencies should
undertake regular visits to IDP camps in Somalia and refugee camps in neighbouring
countries. A mechanism should be found to systematically document human rights
violations, to make recommendations to ensure accountability and to follow up on
such recommendations. IDPs and newly arrived refugees in neighbouring countries
are an important source of information about the current situation in Somalia. The
establishment of such a mechanism would send a strong message to the perpetrators
of human rights and humanitarian law violations in Somalia that they are being
watched and will eventually be made to account for their crimes.
80.
The Secretary–General should consider the establishment of an Independent
International Commission of Inquiry into human rights and humanitarian law
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