A/HRC/24/40
the right of peoples to self-determination with respect to the activities of private
military and security companies in Somalia (see A/HRC/24/45/Add.2). He commends
the efforts of the Government to set rules governing the registration and regulation of
such companies in Somalia and urges the Government to remain vigilant on the
dangers of outsourcing security functions to private actors.
2.
For Puntland
104. The recent executions of 13 people, including 1 woman, and the sentencing to
death of another 6 persons by a military court in Puntland is contrary to the
international commitment made by Somalia and the growing international
acknowledgement of the inhumane nature of the death penalty. The Independent
Expert urges the authorities to reconsider their position on the application of the
death penalty and reminds them that, under international law, the death penalty
should be applied only after a most rigorous judicial process.
105. The Independent Expert urges the Puntland authorities to treat all alleged
perpetrators of terrorist acts in accordance with international human rights standards
relating to due process and fair trial.
3.
For Somaliland
106. The Independent Expert is concerned about the arrests for treason of
politicians, businessmen and community leaders who recently visited Mogadishu and
would urge the authorities to refrain from imposing such limitations on citizens’
rights to free movement, to freedom of expression and to political participation. He
also urges the authorities to abide by national and international law and avoid
frequent crackdowns on journalists and media, restrictions on the freedom of peaceful
assembly and of association, and the forced repatriation of Somalis from the southcentral region, African refugees and asylum seekers.
107. The Independent Expert urges the authorities of Somaliland and the selfproclaimed Khatumo state to refrain from any escalation of violence and to settle their
disputes through peaceful means, including dialogue, mediation and arbitration. He
urges the Somaliland security forces and the Khatumo militia to comply with
international standards prescribed in the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials.
4.
For the African Union Mission in Somalia
108. In addition to many positive measures it has already taken, AMISOM should
initiate further practical measures to prevent sexual violence and exploitation of
civilians, which reportedly continue to occur. It should review and adapt to the
Somalia context the Security-General’s bulletin on the special measures for protection
from sexual exploitation and abuse (ST/SGB/2003/13), which codifies good practices
and lessons learned by United Nations peacekeeping operations.
5.
For the United Nations
109. As no concrete progress appears to have taken place since the adoption of
Security Council resolution 2036 (2012), in which the Council called for the
establishment of a civilian casualty tracking, analysis and response cell, the Security
Council may wish to reaffirm its call. Since AMISOM and Somali forces conduct joint
operations, such a cell (or a parallel system) should also cover or be established for
casualties attributable to Somali forces.
20
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