UN EXPERT SERIOUSLY CONCERNED ABOUT VIOLENCE AND RIGHTS ABUSES IN SOMALIA

18 June 2009

The Independent Expert on the situation of human rights in Somalia, Dr. Shamsul Bari on Thursday expressed his sadness at the killing of Somalia’s Minister of National Security, Omar Hashi Aden, in a suicide car bomb in Beletweyne, north of the capital Mogadishu, and at this week’s upsurge in violence in Mogadishu itself, where either another suicide bomb or shelling is reported to have killed at least ten people attending a mosque.

“This is very bad news and I strongly condemn these crimes,” Bari said, offering his condolences to the families of Omar Hashi Aden and the other victims of violence.

He also expressed serious concerns at reports that dozens of civilians, including children, have been killed and injured over the past two days, during continued fighting in Mogadishu and elsewhere in the south and central parts of the country.

In addition, Bari said, recruitment of children by armed groups has reportedly been taking place. “I was told during my recent visit to the region that there are specific well-organized camps set up to receive young boys, and that children are being used on the front line,” he said.

He noted that various groups appeared to be specifically targeted – including human rights defenders, aid workers and journalists. At least three journalists have been killed since the fighting escalated in early May.

He said it was essential that the violence and fighting stop immediately, and that dialogue should be renewed, in conformity with the 2008 Djibouti Agreement. “All the parties to the conflict have a responsibility to save lives and protect the civilian population,” Bari said. “At the same time those who have committed crimes must be held to account.”

During the Independent Expert’s recent visit to the region, the Prime Minister stressed the Government’s commitment to collaborate on addressing human rights issues, which now needs to be translated into concrete actions.

Bari said he welcomed the efforts and commitment of the newly elected cabinet of Puntland, in the north-east, to improve the human rights situation and the rule of law by strengthening the capacity of the police and the security forces, combating piracy, empowering women and addressing gender equality. However, he said he remains concerned about “the conflicting Somali laws in the Judiciary system and the urgent need for harmonization between customary law, Sharia law and the formal modern law, in conformity with international human rights standards.”

The conditions of detainees in the central prison of Garowe, which the Independent Expert visited on 10 June, are, he said “not compliant with international human rights standards,” and recommended training of the custodial administration on the UN’s minimum standards for treatment of detainees.


Bari also commended the efforts of the Somaliland Authorities to host refugees coming from a variety of countries, despite their limited resources. His visit to the legal Aid programme of the Faculty of Law of the University of Hargeisa revealed that the empowerment of academic institutions could have a positive effect in the promotion and protection of human rights, he noted, in particular by providing free assistance to minorities, refugees, internally displaced people, and other vulnerable groups that lack the protection of Somalia’s main clans.

However, Bari said he remains “concerned about allegations of harassment, intimidation and illegal detention of journalists and representatives of political parties and human rights defenders following the postponement of the presidential elections in Somaliland. These obstacles to freedom of expression, peaceful demonstration and meeting must come to an end.”

Dr. Bari undertook a mission to the Horn of Africa region from 1 to 12 June. He visited Somalia, notably Hargeisa in Somaliland and Garowe and Bossasso in Puntland, as well as Kenya, where he visited the Dadaab Refugee Camp, which houses some 270,000 Somali refugees. He was unable to visit Mogadishu and the South and Central areas because of the security situation.

In Kenya, the Independent Expert had the opportunity to meet on 3 June with some members of the new Transitional Federal Government (TFG) and Parliament (TFP), including the Prime Minister Omar Abdirashid Ali Sharmarke and the Minister of Constitutional Affairs Madobe Nunow Mohamed as well as members of Somali civil society and INGOs. He had also very useful meetings with the UNPOS senior officials, the Resident and Humanitarian Coordinator and the UNCT for Somalia as well as members of the Donors Community amongst others.

In Hargeisa/Somaliland, the Independent Expert met with Hon. Abdirahman Mohamed Abdillahi, the Speaker of the Guurti, the House of representatives and the leader of the opposition Justice and Welfare Party in Parliament, the Minister of Justice, the members of CSOs, including media workers and journalists and human rights defenders.

In Garowe and Bossasso/Puntland, the Independent Expert met on 10 June with H.E Dr. Abdirahman Mohamed Mahmud Farole, President of Puntland, the Minister of Justice, Minister of Women and Family Affairs and the Deputy Minister of Security and the network of Puntland NGOs (PUNSAA). He also met with the Governor of Bari region in Bossasso and visited the IDPS camp in Bossasso where he talked to the IDPs on their human rights situation, in particular the access to food, shelter, education, health, water and sanitation and SGBV cases.

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