Human Rights Council focuses on Somalia at it takes up the issue of Technical Assistance and Capacity Building

Human Rights Council
MORNING 29 September 2010

The Human Rights Council today focused on the situation of human rights in Somalia as it took up its agenda item on technical assistance and capacity building. It first held a stand-alone interactive dialogue on assistance to Somalia in the field of human rights, which was then followed by an interactive dialogue with the Independent Expert on the situation of human rights in Somalia. To conclude, the Council held a general debate on technical assistance and capacity building, during which the situations in Cambodia, Burundi and Haiti were discussed.

Introducing the interactive dialogue on assistance to Somalia in the field of human rights, Navi Pillay, United Nations High Commissioner for Human Rights, said for the first time in the history of the Human Rights Council, the humanitarian and human rights situation in Somalia would be addressed by all those working in the country. The situation was getting worse and the international community must respond with a firmer determination to protect civilians, rather than despairing in impotence, and rise to the task of protecting human rights with renewed commitment. Those responsible for terrible crimes must be brought to justice.

Abdirahman Haji Aden Ibbi, Deputy Prime Minister of the Transitional Federal Government of Somalia, said as a nation that had not known peace for more than 20 years, Somalia came to the bitter realisation that rights could not be wholly protected without the necessary mechanism: a functioning system of government, adequate resources and unrelenting political will. Somalia still suffered from a great deal of human rights violations and atrocities.

Shamsul Bari, Independent Expert on the situation of human rights in Somalia, said because the crisis in Somalia had gone on for so long it appeared that sensibilities about the terrible human rights and humanitarian law violations going on there may have become blunted. This must be changed. The international community must be made fully aware of the sad plight of the Somali people and be reminded of its responsibility in that regard.

Augustine P. Mahiga, Special Representative of the Secretary-General for Somalia, said the challenges to human rights in Somalia were most evident in areas devastated by conflict or under the control of extremist armed groups. Without peace in south central Somalia, it would be difficult to envisage profound and lasting changes in the human rights situation there. It was therefore imperative that all efforts were made to bring about a peaceful solution to this conflict.

Mark Bowden, United Nations Resident and Humanitarian Coordinator, United Nations Development Programme Resident Representative and Designated Official for Somalia, said it was hard to think of a place where human rights were more under stress than Somalia. The lack of law and daily threats to human rights were rampant and the general populace had borne the brunt of the suffering.

Boubacar Gaoussou Diarra, Special Representative of the Chairperson of the African Union Commission for Somalia and Head of the African Union Mission in Somalia, said military strategies must be based on clear political strategies to solve the crisis. The African Union Mission in Somalia was therefore working to strengthen and improve the political dialogue. The African Union Mission in Somalia encouraged all efforts to put an end to the conflict.

George Okoth-Obbo, Director, Regional Bureau for Africa, United Nations High Commissioner for Refugees, said the humanitarian imperative today and within it the issue of internal displacement, remained one of the key concerns for the humanitarian and protection community. A way must be found to project a public power that would ensure public safety. The question of humanitarian access was another concern and must be ensured to reach the population in need.

Charles Vincent, Director, Office of the World Food Programme, said the World Food Programme was being systematically targeted in many regions of Somalia. For the most part, the work of non-governmental organizations and United Nations agencies was under threat by splintered organized militia groups. Better and safer access was needed to provide humanitarian assistance to those most in need.

Abdullahi M. Shirwa, Chairman, Somali Peace Line, said there was an urgent need to establish an effective civilian protection mechanism with the aim of winning over the hearts and minds of the people, and ending the harm done to the people. Impunity must be brought to an end, and violators brought to justice, with an independent, impartial Committee to investigate war crimes committed in Somalia.

Omar Farukh Osman, National Union of Somali Journalists, said the violence directed against journalists determined their capacity to fulfil their duty to the Somali and the international community. Twenty two journalists had been murdered since 2007, while three had been killed this year. The private media houses were hit hard and the extremist groups had seized control of some of them.

During the stand-alone interactive dialogue speakers said, among other things, that Somalia had received a fascia of United Nations initiatives and decisions, and the time had come to review their impact on the crisis, and to perfect solutions for their effective implementation, as only then would the protection and promotion of human rights in Somalia be enhanced. The strengthening of capacity in Somalia depended first and foremost on the Somali authorities, who should resolve differences and ensure coherence in the transition. The promotion and protection of human rights required a broad and concerted strategy - peace efforts should not be hindered by the limited view according to which peace was the absence of conflict. Human rights could only be ensured if the root causes of conflict were addressed, and could never flourish where hunger and extreme poverty and deprivation were not addressed.

Speaking were Nigeria on behalf of the African Group, European Union, Ethiopia, Pakistan on behalf of the Organization of the Islamic Conference, Italy, Syria on behalf of the Arab Group, Spain, Egypt, Kenya, United Kingdom, Ghana, Australia, Brazil, Algeria, Switzerland, United States, and Japan.

Also speaking were Amnesty International, and Cairo Institute for Human Rights Studies.

In the interactive dialogue with the Independent Expert on the situation of human rights in Somalia, Mr. Bari said that he had tried to highlight human rights developments in Somalia and the last six months had seen a tremendous rise in grave violations of human rights. In the context of these grave violations, there was still some light at the end of the tunnel. The Independent Expert could see some positive developments that were taking place in Somalia, and had put them in his report, urging the international community and all different stakeholders to play their bit in taking all positive developments forward. The Transitional Federal Government had to demonstrate that it was a unified force and to project an image that it was present, able and willing to act. The international community had no choice in continuing to support its efforts, as the other forces were so destructive.

Somalia, speaking as a concerned country, said that the most important challenge now facing the Transitional Federal Government of Somalia was how to implement the recommendations made in the Independent Expert’s report, following 32 years of political and civil strife. There were two levels for the implementation of recommendations, one that focused on what could be done now in practical terms and the other that focused on tackling the root causes of the prolonged and socio-economic crisis. With respect to immediate actions that could be taken, an informal coalition of willing and friendly countries of Somalia – mainly donors – should play the critical role in monitoring the timely implementation of a sustainable roadmap focused on the provision of humanitarian aid and social services.

During the interactive dialogue with the Independent Expert on the situation of human rights in Somalia, speakers said, among other things, that for the African Union Mission to achieve success, additional resources needed to be provided to reach the entire country. The international community had the obligation to support the Government in order to allow it to implement its duties. Speakers also urged the Office of the High Commissioner for Human Rights to provide greater technical assistance and support to the Transitional Federal Government of Somalia. Concerns were expressed on the need to thrust forward the Djibouti Peace Process and to enhance Somali security institutions, particularly through the training of security forces. Many delegations remained concerned with the grave human rights and humanitarian situation in Somalia, including indiscriminate attacks against civilians, journalists, humanitarian workers and peacekeepers. A number of delegations also expressed their concern on the recruitment, training and use of children in the conflict, especially by armed militants. Another area of concern was the need to protect journalists, many of whom continued to be subjected to kidnappings and targeted killings. Several delegations expressed their support for the renewal of the Independent Expert’s mandate on Somalia.

Speaking were Nigeria on behalf of the African Group, Uganda, Djibouti, European Union, Ethiopia, Yemen, Egypt, Bangladesh, United Kingdom, Bahrain, Italy, Syria, Kuwait, Australia, Algeria, China, Saudi Arabia, Canada, Thailand, Norway, United States, Sweden, Switzerland and Tanzania.

Also speaking were International Educational Development, Freedom House, Human Rights Watch and Cairo Institute of Human Rights.

Before the Council started its general debate on technical assistance and capacity building,
Ibrahim Wani, Chief, Africa Branch, Field Operations and Technical Cooperation Division, of the Office of the High Commissioner for Human Rights, presented reports by the Secretary-General and the High Commissioner and her Office. He said that the first of two reports followed from the fifteenth Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Region held in Bangkok, in April 2010. The next report was from the Secretary-General on the role and achievements in assisting the Government and people of Cambodia in the promotion and protection of human rights. The Office of the High Commissioner for Human Rights would continue to work on these issues of concern together with the Cambodian authorities.

Cambodia, speaking as a concerned country, said Cambodia regretted that the report of the Office of the High Commissioner for Human Rights did not reflect the whole picture, but had rather selectively addressed many areas of concern which the Government continued to address on a daily basis. The Government acknowledged that there were efforts by the Office to make progress in many areas of cooperation. The Government believed that there were still shortcomings in the ways and approaches of the Office in working with the Government according to the mandate set in the Memorandum of Understanding. Cambodia would appreciate if the Office of the High Commissioner for Human Rights reviewed its approach in order to work constructively with the Government in accordance with the terms of the Memorandum of Understanding.

In the context of the general debate on technical and capacity building, speakers said, among others things, that technical assistance and support could help States better prepare and protect human rights rather than dealing with human rights violations after the fact. Some speakers asked that the Human Rights Council dedicate a special chapter to the issue of cooperation. Cooperation was an essential element in preventing and redressing human rights violations, and this should take the form of capacity-building and capacity assistance for States whose capacity was limited. Technical assistance was one of the Council's many tools to protect and promote human rights around the world and as the last round of the Universal Periodic Review had shown, many Member States were in need of further resources if they were to successfully implement recommendations. Ultimately the Council had an obligation to focus on urgent human rights situations, even when the Governments concerned failed to act. Speakers regretted that the interactive dialogue on Burundi had been postponed for a second time; in the midst of a democratic transition, Burundi could not afford to be without a follow-up mechanism.

Speaking were Belgium on behalf of the European Union, Chile, Switzerland, United States, Thailand, Brazil and Organisation Internaitonale de la Francophonie.

Also speaking were Recontre Africaine pour la Défense des Droits de l’Homme and Human Rights Watch.

The Council today is holding back-to-back meetings from 9 a.m. to 6 p.m. At 3 p.m., it will start to take action on draft resolutions and decisions before it.

Opening Statement

NAVI PILLAY, United Nations High Commissioner for Human Rights, introducing the interactive dialogue, said she welcomed this important stand-alone interactive dialogue on Somalia - for the first time in the history of the Human Rights Council, the humanitarian and human rights situation in Somalia would be addressed by all those working in the country. Her deputy recently returned from the region, and her account strengthened her conviction that this dialogue could help improve the dire situation of the Somali people. The United Nations system was committed strongly to aid these people, who were facing one of the worst humanitarian crises in the world today - one in every seven Somali children died before the age of five, and one out of every five children living in the South-Central region was malnourished. The situation was getting worse - almost every day there were reports of civilians killed or injured as the fighting gained in intensity. Since January at least 908 civilians had died, whilst 2,905 were injured, mostly by shelling in Mogadishu. The sanitary and health conditions attendant on such conditions had endangered more lives.

The international community must respond to the challenging environment with a firmer determination to protect civilians, rather than despairing in impotence, and rise to the task of protecting human rights with renewed commitment, rather than give in to inertia. The international community must remind all parties to the conflict that complying with international humanitarian law was an obligation, and it was essential that all measures be taken in this regard. Those responsible for terrible crimes must be brought to justice - the lack of accountability had fostered a culture of impunity, and this was one reason why the role of civil society was essential. Space for civil society was non-existent in some parts of Somalia, and restricted in others. The international community must support human rights defenders to strengthen their support and security, and strengthen their capacity to carry out human rights reporting and defending. The Office of the High Commissioner for Human Rights stood ready to provide advice in this regard.

Ms. Pillay commended the efforts of UNICEF and those of the Independent Expert on the situation of human rights in Somalia for drawing the attention of the Council to the issue of child soldiers. The Somali Government and Parliament should give effect to the pledge to ratify the Convention on the Rights of the Child. One of the goals was the integration of human rights into the Djibouti Peace Process - in this regard, among the priorities were the establishment of well-trained security forces and the Constitution process, among others. Human rights must be an integral part of their development. The Transitional Federal Government had to show that it was working to address human rights, and the international community had to support the Government in this regard. The recent growth in peace in Somaliland was a positive step. This interactive dialogue was a unique opportunity to steer the debate away from mutual finger-pointing and towards what could be done, and to emphasise the international community's willingness to improve the situation, ending the conflict, addressing violence against women and girls, and tackling minority issues including that of the internally-displaced people population.

Statements by Panellists

ABDIRAHMAN HADJI ADEN IBBI, Deputy Prime Minister of the Transitional Federal Government of Somalia, reminded the Council that over six decades ago the United Nations General Assembly had proclaimed the Universal Declaration of Human Rights to recognise and safeguard the inherent fundamental rights of any human being regardless of race, religion, ethnicity, or economic status. As a nation that had not known peace for more than 20 years, Somalia had come to the bitter realisation that those rights could not be wholly protected without the necessary mechanism: a functioning system of government, adequate resources and unrelenting political will. Somalia had adopted a zero tolerance policy towards all forms of human rights abuses, but had still suffered a great deal of human rights violations and atrocities, particularly the current wave of abuse perpetrated by the likes of Al-Shabaab and the so-called Hizbul Islam. Those two extremist groups had imposed cruel and harsh policies that denied people their rights, including access to food. In addition to the suicide operations, they executed harsh and arbitrary sentences, which were particularly targeting women, and individuals from minority clans.

After more than two decades of prolonged Somali political, humanitarian and socio-economic crisis which was now worsening on a daily basis, the Somali people and the Government expected fair and sustainable outcomes of this stand-alone interactive dialogue. The urgent need for the full restoration of the Somali ownership and the implementation of concerted political preventive measures were of a paramount importance in order to address the tremendous challenges caused by the prolonged Somali political, humanitarian and socio-economic crisis, as well as the growing negative impact on the neighbouring countries. The Deputy Prime Minister expressed the positive feeling of the Somali people toward the long-awaited important decision to relocate the United Nations Agencies inside Somalia. He concluded by saying that the time for empty pledges and expression of solidarity was over, as well as empty and formal concern in regard of the overall human rights situation without a clear signal that the trend of business as usual was really going to be tangibly reversed on the ground.

SHAMSUL BARI, Independent Expert on the Situation of Human Rights in Somalia, said because the crisis in Somalia had gone on for so long it appeared that sensibilities about the terrible human rights and humanitarian law violations going on there may have become blunted. This must be changed. The international community must be made fully aware of the sad plight of the Somali people and be reminded of its responsibility in that regard. In terms of how to end the armed conflict, Mr. Bari said it was necessary to consider other efforts than simply pursuing those foreseen in the Djibouti Peace Process. Could the international community not think of other measures such as mediation by a team of important personalities? As to how best promote peace and meet the people’s basic humanitarian and human rights needs, Mr. Bari said the international community must do many things to improve the situation in Somalia until the conflict had drawn to an end. One area requiring immediate attention was avoiding or minimising collateral damages allegedly caused by the forces of the Transitional Federal Government and the African Union Mission in Somalia in their retaliation of attacks from the hard-line militants. Also, efforts to train the forces of the Transitional Federal Government on human rights and humanitarian law must continue. Mr. Bari ended by commending the United Nations’ efforts to serve Somalia under such difficult circumstances, while also underscoring that the situation in Somalia needed more from the United Nations.

AUGUSTINE P. MAHIGA, Special Representative of the United Nations Secretary-General for Somalia, said this initiative provided a unique opportunity to reflect together on how all, Somalis, the United Nations, and other members of the international community, could work together to improve Somali people's lives, so that they could begin to enjoy the basic rights to which they were entitled. In the case of Somalia, this included basic survival, and especially the strengthening and protection of the rights of the most vulnerable groups. The challenges to human rights in Somalia were most evident in areas devastated by conflict or under the control of extremist armed groups. However, in some regions of the country where there was more stability, there were many opportunities to strengthen awareness and protection of human rights. It should be noted that without peace in south central Somalia, it would be difficult to envisage profound and lasting changes in the precarious human rights situation there, especially with regard to the right to life, and even basic human rights such as the right to food, shelter, education and health. It was imperative therefore that all efforts were made to bring about a peaceful solution to this endless conflict.

Protecting the right to life of the Somali people should continue to be one of the pressing priorities, not just through ending the conflict, but through life support by providing adequate food, shelter, water, sanitation and education wherever those in need may be. Mr. Mahiga was deeply concerned at the sharp drop in funding for humanitarian aid, which was impacting negatively on the right to health, nutrition and education, not just in south central Somalia, but also in Somaliland and Puntland. Part of that must be building and strengthening institutions and the legal framework to better protect human rights. It was encouraging that the draft constitution, which would be put for consultation to the Somali people in this transition period, contained strong provisions on human rights. Respecting human rights was about respecting individual human beings - this interactive dialogue should refocus on Somalis as human beings with a hopeful future, and what could be done to protect their lives, dignity, and rights to basic services.

MARK BOWDEN, United Nations Resident and Humanitarian Coordinator, United Nations Development Programme Resident Representative and Designated Official for Somalia, said that it was hard to think of a place where human rights were more under stress at the moment than Somalia. The lack of law and order and daily threats to human rights were rampant and the general populace had borne the brunt of the suffering. Education and basic health care were steadily deteriorating and Somali women and children remained amongst the most vulnerable groups in the country. Statistics suggested that only 10 per cent of children actually attended school. Somali women and girls continued to be victims of gender based violence, including female genital mutilation. The increase in sexual violence was staggering, not simply amongst internally displaced groups but also in the greater society at large.

With regard to the 1.4 million internally displaced persons in Somalia, the United Nations was trying to increase its focus on protecting camps and monitoring and reporting human rights violations occurring within them. The United Nations sought to build partnerships with local religious groups and leaders in order to increase security within the camps. In this regard, child protection committees had been established in almost all communities. Police officers and peacekeepers in the region were also given specialized training on protecting civilians and were further educated on their obligations under international human rights law.

BOUBACAR GAOUSSOU DIARRA, Special Representative of the Chairperson of the African Union Commission for Somalia and Head of the African Union Mission in Somalia, said more than 20 years of a vicious civil conflict had left Somalia in ruins, insecure and unstable. For the last two decades, the Somali people had been subjected to the arbitrary abrogation of their rights to life, religion, self-determination, dignity and property. In areas of Mogadishu controlled by armed opposition groups, the population was experiencing the most appalling of conditions. Extremists routinely harmed the civilian population by directly targeting them or indiscriminately subjecting them to mortar attacks, use of improvised explosive devices, suicide bombings, and other inhuman tactics. As a consequence of the prolonged instability, thousands of Somalis were forced into displacement both internally and across the borders into neighboring countries and children and young people had very limited access to education, health, nutrition, and proper parental care.
Mr. Diarra went on to say that the African Union Mission in Somalia had established many humanitarian activities and called for peace and security in the country. In calling for peace, all remembered the human rights violations of which the Somali people were victims. The civilian presence of the African Union Mission in Somalia would help to facilitate delivery of humanitarian aid and develop quick-impact projects in suitable regions. Soldiers were also given training in international humanitarian law with a central element of that training consisting of the formal prohibition of attacking civilian targets and reducing civilian losses. The situation in Somalia must be settled at the political level, Mr. Diarra underscored, and military strategies must be based on clear political strategies to solve the crisis. That was why the African Union Mission in Somalia was working to strengthen and improve political dialogue through relationships with various stakeholders, including religious leaders and heads of clans. The African Union Mission in Somalia encouraged all efforts to put an end to the conflict and the recent appointment of an eminent personality by the African Union would contribute to these efforts. The African Union Mission in Somalia called for more troops and an increase in the compensation paid to soldiers of the Ugandan and Burundian forces.

GEORGE OKOTH-OBBO, Director, Regional Bureau for Africa, United Nations High Commissioner for Refugees, said that the humanitarian imperative today and within it the issue of internal displacement, remained one of the key concerns for the humanitarian and protection community. There were 1.4 million displaced Somalis today, and counting refugees, approximately one quarter of the entire population of the country had been displaced. Internal displacement must be an area in which the training and capacity building took place. A way must be found to protect the Somalis from risk and to project a public power that would ensure public safety. Whereas the United Nations could and did support the capacity of the local actors, without those the United Nations themselves would have no capacity to operate. The conditions placed on the operating context of the United Nations must be mirrored in the one for local partners. The question of humanitarian access was another concern and it had to be ensured in order to reach the population in need, Mr. Okoth-Obbo said.

There should be a differentiated view of the overall Somali displacement question, which offered different opportunities. In Puntland and in Somaliland, where the numbers of internally displaced persons was quite high, the access to people in need was ensured and this in itself presented an opportunity. Among the most important, there was an opportunity to work with authorities in developing policies and systems for assistance and particular protection of the displaced. Above all, there was an opportunity to work in a climate of transparency. In the context of the overall human rights crisis in Somalia, asylum and refugee protection remained important instruments in which systems could be developed. Over half a million Somalis were in exile today, namely in Djibouti, Ethiopia, Kenya and Yemen. In some countries in which Somalis sought safety and asylum, the living conditions were abysmal. Somalis were among the largest refugee populations in the world, but had seen decrease in solidarity and challenges in admission with increasing border closure. The most important requirement of capacity building must be the notion of solidarity, and safety and security at home for the Somalis, Mr. Okoth-Obbo concluded.

CHARLES VINCENT, Director, Office of the World Food Programme, apologized for the absence of Lauren Ruth Landis, who was unable to come. The World Food Programme, along with other humanitarian and aid organizations was being systematically targeted in many regions of Somalia. For the most part, the work of non-governmental organizations (NGOs) and United Nations agencies was under threat by splintered organized militia groups, often with foreign fighters. Somalia remained a food deficit country and the harvest in 2010 would only provide for 40 to 50 per cent of the nation’s cereal needs.

Certain regions like Puntland were better off than others and this needed to be communicated to other regions as examples of progress. The latest food security assessment was dire and the operating environment for the World Food Programme continued to be very hostile. Food convoys were occasionally hijacked and the World Food Programme had not been able to deliver food stocks in southern Somalia since January 2010. Most NGOs had been forced to leave the country and the remaining ones endured a daily struggle to achieve simple objectives. Nevertheless, the World Food Programme continued to do all in its power to distribute basic food needs and the agency also had a poorly funded emergency programme for rebuilding roads and basic infrastructure. Due to ongoing fighting in Mogadishu, food outreach programmes were under constant threat. In closing, Mr. Vincent stated that a number of camps for internally displaced persons remained inaccessible by the World Food Programme and the food security situation remained poor. In this respect, better and safer access was needed to provide humanitarian assistance to those most in need.

ABDULLAHI M. SHIRWA, Chairman, Somali Peace Line, said there was an urgent need to establish an effective civilian protection mechanism with the aim of winning over the hearts and minds of the people, and ending the harm done to the people. There were local civil groups which could effectively contribute towards a durable solution for Somalia. These resilient groups were committed to the immediate improvement of the security situation in south central Somalia. Impunity must be brought to an end, and violators brought to justice, with an independent and impartial committee to investigate war crimes committed in Somalia. Civilian protection mechanisms must be used to improve the human rights situation in Somalia, and strengthen the protection given by the Transnational Federal Government mechanisms, as well as delivering services to the public, and provide technical and financial support to the Transnational Federal Government’s mechanisms, as well as provide jobs for the young. Human rights violations and illegal actions could be dealt with by setting up a legitimate and functioning Government in Somalia.

OMAR FARUKH OSMAN, National Union of Somali Journalists, said that the deteriorating human rights situation in Somalia had been occasioned with the violence which had led to the total collapse of respect for human rights as enshrined in international instruments. The result was civilian victims, destruction of infrastructure and targeted journalists. The violence directed against journalists determined their capacity to fulfil their duty to Somalia and the international community. Twenty two journalists had been murdered since 2007, while three had been killed this year. The private media houses were hit hard and the extremist groups had seized control of some of them. Mr. Osman said that the international community must act to bring the perpetrators to justice and stop the culture of impunity from taking root. Finally, the Human Rights Council must impose targeted measures against perpetrators of violations of the right to freedom of expression and the perpetrators of violence.

Discussion

In the discussion, speakers said, among other things, that Somalia had received a fascia of United Nations initiatives and decisions, and the time had come to review their impact on the crisis, and to perfect solutions for their effective implementation, as only then would the protection and promotion of human rights in Somalia be enhanced. Important efforts had been made for the last 20 years to improve the human rights situation in Somalia, but they had not had the required results, and thus the international organizations and the international community had to adopt a new, holistic approach, dealing with the root causes of the violence, including socio-economic problems, with the involvement of all stakeholders and ensuring the coordination and coherence of approaches. The strengthening of capacity in Somalia depended first and foremost on the Somali authorities, who should resolve differences and ensure coherence in the transition.

This dialogue, a testimony of the international community's interest in the situation, should continue, and the next step should be the Universal Periodic Review on Somalia, which should witness the participation of delegations from Somaliland and Puntland, as well as from the Transitional Federal Government. The international community should be working to give back to the Somali people their hope and confidence in the future, and enforcing the rule of law, fighting corruption, removing impunity and ensuring cooperation were paths to this end. The situation for the improvement of human rights had to be provided, and this would also include support and space for dialogue. The international community must support the efforts of the Transitional Federal Government as well as provide assistance in the affected areas, which would enhance security and stability throughout the country.

The situation in Somalia required targeted assistance, as the deterioration of the security situation and of human rights was of great concern. National reconciliation and peace would only be consolidated through rebuilding and developing the country based on economic and strategic initiatives, with the aid of international cooperation and effective action of international agencies. International assistance was needed to aid the Transitional Federal Government to grow into a strong Government. The promotion and protection of human rights required a broad and concerted strategy - peace efforts should not be hindered by the limited view according to which peace was the absence of conflict. Human rights could only be ensured if the root causes of conflict were addressed, and could never flourish where hunger and extreme poverty and deprivation were not addressed. Opportunities for national reconciliation must be provided.

Speaking were Nigeria on behalf of the African Group, European Union, Ethiopia, Pakistan on behalf of the Organization of the Islamic Conference, Italy, Syria on behalf of the Arab Group, Spain, Egypt, Kenya, United Kingdom, Ghana, Australia, Brazil, Algeria, Switzerland, United States, and Japan.

Also speaking were Amnesty International, and Cairo Institute for Human Rights Studies.

Concluding Remarks

ABDIRAHMAN HADJI ADEN IBBI, Deputy Prime Minister, Transitional Federal Government of Somalia, in concluding remarks, thanked all for their remarks about Somalia and its human rights. The United Kingdom had asked how human rights could be implemented when such a limited area of the country was controlled by the Transitional Federal Government. Responding to this question, Mr. Aden Ibbi said the Transitional Federal Government tried its best to implement human rights, whether it controlled one house or the whole country. Somalia was very committed to protect its people, but terrorist groups linked to Al Quada were killing their own people. People were being slaughtered, children raped, and all this in the name of religion even though Islam was not allowed to order such things. The Transitional Federal Government promised to protect its citizens as much as it could with the help of the international community. If the kind of support asked from the international community was received, the Transitional Federal Government would fulfil all requirements expected from it. The Transitional Federal Government also supported the countries which had suggested a one-year extension of the mandate of the Independent Expert. Mr. Aden Ibbi went on to say that the root cause of human rights violations was well-known: how could someone who was hungry, desperate for peace, and starving be accountable to human rights? In terms of child soldiers, Mr. Aden Ibbi asked whether anyone was more expert than the friends of Somalia who had vetted Somali soldiers. Its soldiers were above the age of 18 although they might look younger. If Somalia received the support it needed, its boys would look like other boys, Mr. Aden Ibbi affirmed.

AUGUSTINE P. MAHIGA, Special Representative of the United Nations Secretary-General for Somalia, in his concluding remarks, thanked the organisers of this session and said that the month of September had been a milestone in advocacy and in putting Somalia on top of the international and United Nations agenda. There was a need to further define what needed to be done and Mr. Mahiga encouraged the Council to continue maintaining the momentum. The Transitional Federal Government and the African Union needed to move forward the process toward the end of the transition for the next eleven months. Mr. Mahiga thanked the Office of the High Commissioner for Human Rights for capacity building activities in Somalia and for their help in defining the new dispensation for Somalia after August 2011.

MARK BOWDEN, United Nations Resident and Humanitarian Coordinator, United Nations Development Programme Resident Representative and Designated Official for Somalia, said first of all he wished to acknowledge the commitment shown here by the Transitional Federal Government of Somalia to human rights and to support humanitarian activities in Somalia. In addressing root causes, one of the concerns expressed in the meeting, the United Nations country team was committed to a rights-based approach, which had played an important role in the United Nations assistance strategy. The gaps that existed would play a major role in limiting the future realization of rights. It was also important to recognize the needs of youth, and this remained a serious gap in humanitarian terms, and prolonged the conflict. The presence of United Nations agencies on the ground was being expanded, and would continue to be so as the situation continued. On coordination, there had been a strengthening of coordination mechanisms both in planning terms and coordination on the ground, which would help with coordination efforts in Somalia.

BOUBACAR GAOUSSOU DIARRA, Special Representative of the Chairperson of the African Union Commission for Somalia and Head of the African Union Mission in Somalia, said that the African Union peace forces in Somalia were currently unable to properly protect all civilians. The delegation of Algeria and others had asked how the situation in the field could be improved. The April 2010 agreement, for instance, was a positive step for the Somali Transitional Federal Government and would allow it to extend greater control over the country. Furthermore, the African Union Mission was committed to providing additional training for army personnel and police officers. The Special Representative also mentioned that the African Union Mission had a hospital in which it took care of victims of violence and it would continue to do all that it could to promote peace in Somalia.

GEORGE OKOTH-OBBO, Director, Regional Bureau for Africa, United Nations High Commissioner for Refugees, responding to a question about what was needed to increase the impact of assistance to the needy, said a number of agencies would be able to dramatically increase the scope and depth of their operations if they had access to the needy. Funding could also contribute to increasing the impact of assistance as available funds were often absorbed. The number of refugees and the impact they exercised on local resources must also be taken into account, Mr. Okoth-Obbo added.

CHARLES VINCENT, Director, Office of the World Food Programme, said operational agencies had the opportunity to augment and tailor the various operations in the country, but they needed distinct access, and continued, sustained funding. The World Food Programme was already planning innovative programmes, should the situation allow, but could also expand on programmes it used in other countries, such as return to school, and the situation in Afghanistan was very enlightening in this regard. The United Nations and non-United Nations organizations had already been working together.

ABDULLAHI M. SHIRWA, Chairman, Somali Peace Line, said Somali civil society would be supportive of any efforts by the international community, including United Nations agencies, and hoped that the violations of human rights would come to an end soon.

OMAR FARUKH OSMAN, National Union of Somali Journalists, said there could be no human rights guaranteed in Somalia when freedom of expression did not exist, and this needed journalists. What was appropriate at this time was for a mechanism to be set up for prevention, deterrence and rapid response to violations, and this did not currently exist.

SIHASAK PHUANGKETKEOW, President of the Human Rights Council, said all recognized there were tremendous challenges faced by Somalia, and statements today had shown the determined efforts undertaken by the authorities in this regard. The spirit of cooperation and engagement had shown the need for concerted international efforts in Somalia, and the need to translate the expressions of commitment to concrete action.

Documents

The Report of the Independent Expert on the situation of human rights in Somalia, Shamsul Bari, (A/HRC/15/48), notes that intensified fighting in Mogadishu beginning late August has led to serious worsening of the human rights and humanitarian law situation in Somalia. More civilians were killed or injured during this period than at any other time in the recent past. The recruitment, training and use of children in the conflict, especially by the armed militants, continued unabated. The lack of schooling for children has made them especially vulnerable for recruitment by armed groups. In territories controlled by armed insurgents, many civilians do not have access to humanitarian aid and they are at increasing risk of being punished under arbitrary interpretations of sharia law. The situation of human rights defenders deteriorated significantly. They have been targeted by all actors involved in the conflict. Overall, Somalia continued to slide deeper and deeper into humanitarian crisis. Despite this, however, there are hopeful signs on the horizon.

Opening Statement of the Independent Expert on the situation of human rights in Somalia

SHAMSUL BARI, Independent Expert on the situation of human rights in Somalia, said in his report he had tried to highlight the human rights developments and the last six months had seen a tremendous rise in grave violations of human rights in Somalia, particularly in the last two months, when a huge number of lives were lost. This raised a great deal of concern about the possibility of the peace process ahead. In the context of these grave violations, there was still some light at the end of the tunnel. The Independent Expert could see some positive developments were taking place in Somalia, and had put them in his report, urging the international community and all different stakeholders to play their part in taking all positive developments forward. In his recommendations, he had particularly emphasised the need for the Transitional Federal Government to emerge as the key player, to not only bring the conflict to an end, but to prepare the country after the conflict had come to an end.

The Transitional Federal Government had to demonstrate it was a unified force, and project an image that it was present, able and willing. The international community had no choice but to continue to support its efforts, as the other forces were so destructive. The United Nations should undertake more coordinated measures in order to deal with the situation in Somalia, and the international community should provide the still-missing funding that was needed, and recognize that this was an opportunity to put acts together to bring the terrible human rights situation in Somalia to an end. The report said that the Independent Expert considered the situation in Somalia, the human rights violations going on there, to be a blot on the conscience of humanity. The situation could be improved and the Independent Expert looked forward to listening to comments and suggestions.

Statement by Concerned Country

YUSUF MOHAMED ISMAIL BARI-BARI Ambassador, Permanent Mission of Somalia speaking as a concerned country, said that his delegation had gone through the excellent report and had listened very carefully to the statement made by the Independent Expert. The most important challenge now facing the Transitional Federal Government of Somalia was how to implement the recommendations made in the report, following thirty-two years of political and civil strife. There were two levels for the implementation of recommendations, one that focused on what could be done now in practical terms and the other that focused on tackling the root causes of the prolonged and socio-economic crisis.

With respect to immediate actions that could be taken, an informal coalition of willing and friendly countries of Somalia, mainly donors, should play the critical role in monitoring the timely implementation of a sustainable roadmap focused on the provision of humanitarian aid and social services. In terms of the longer-term needs of the country, the Ambassador said that he did not see any alternative to the implementation of a sustainable State-building process for peace. Harmonizing Somali customary law, the genuine Islamic Sharia Law and the Modern Law would be fundamental going forward. The Transitional Federal Government sought to redress wrong doings but, inevitably, in the face of resources, time and political constraints, this remained a selective process. Transitional justice therefore involved a delimiting narration of violence and remedy. The delegation of Somalia concluded by calling on its countrywomen and men to better coordinate among themselves in order to create lasting social cohesion and revive the former glory of Somalia’s deep-rooted culture.

Interactive dialogue with the Independent Expert on the situation of human rights in Somalia

FRANK ISOH (Nigeria speaking on behalf of the African Group) said the African Group was delighted that the Independent Expert had undertaken a fifth mission to Somalia, but remained concerned about the extremely difficult humanitarian situation. The African Group expressed its indignation at the recent terrorist attacks committed against officials of the Transitional Federal Government as well as civilians. It was also regrettable that many civilians lacked access to humanitarian aid. In spite of this, the African Group was happy to note the stability in Puntland and Somaliland. The African Group noted the numerous recommendations made by the Independent Expert on the way forward, particularly that on how to stir revival of Somalia. The Group also believed it necessary that the international community was committed to funding at this crucial juncture for Somalia. Emphasis was placed on the centrality of the Independent Expert in the promotion and protection of human rights in Somalia and the African Group called on the High Commissioner’s Office to provide technical support as outlined in the two resolutions adopted in 2009.

JUSTINIAN MUHWEZI KATEERA (Uganda) said that it was a major troop contributing country to the Mission in Somalia. For the mission to achieve success, additional resources needed to be provided to reach the entire country as a whole. The immediate concerns were to move forward the Djibouti Peace Process and to enhance Somali security institutions, in part through the training of security forces. Food security also remained an important challenge and greater coordination and efforts should be devoted to ensuring that all civilians were properly nourished. Moreover, additional doctors on the ground could guarantee critical access to health care for many Somalis. Uganda called for a united solution to the peace process and reiterated its commitment to supporting Somalia’s development.

MOHAMED SIAD DOUALEH (Djibouti) said Djibouti remained deeply concerned about the deterioration of human rights and humanitarian issues in Somalia, mainly due to daily armed attacks by those bent on undermining peace and stability in the country. There was also alarm at the abuses committed; the lists of human rights violations were simply awful, and included summary executions and the use of civilians as human shields, and the international community should explore all possible means of ending these violations. The attacks on media houses were a deliberate attempt to silence those who would expose these actions to the Somali people and the international community. The commitment of the international community would go a long way towards bolstering the morale of Somalis and towards strengthening the implementation of the roadmap. The United Nations should take the lead and hold the attention of the international community on the terrible situation in Somalia, and ensure that financial resources were available until such time as peace and a fully-functioning Government were a reality in Somalia. There should be greater coherence and integration of the work of the agencies working in Somalia, and a strong message should be sent to underline the fact that the immediate priority of the international community was to stop the bloodshed and ensure the immediate re-establishment of peace and security in the country.

RADKA PATALOVA (European Union) said the European Union shared the concerns of the Independent Expert regarding the development of the human rights situation in Somalia although it hoped that the encouraging elements the Independent Expert had highlighted in his report, such as the relative stability in Somaliland and Puntland and the progress made in drafting the new Federal Constitution, could serve as a basis for future progress. The Independent Expert had noted that the civilian population, particularly women and children, were the first to be victims of hostilities in Somalia. What actions could be taken in the view of the Independent Expert to ensure that conflicting parties respected the most fundamental principles of international humanitarian law? The Independent Expert had also pointed to violence and intimidation against journalists and human rights defenders. How did the Independent Expert explain this situation, and did such events take place in all Somali regions, the European Union further asked. The Independent Expert had also highlighted the need to end impunity and made recommendations in that regard. Did he think that combating impunity should be accompanied by transitional justice measures in the context of Somalia?

ABEBE ALLEHONE (Ethiopia) said that it remained concerned with the grave human rights and humanitarian situation in Somalia, including indiscriminate attacks against civilians, journalists, humanitarian workers and peacekeepers by groups linked to Al-Shabaab and Hizbul Islam. The report came at an important juncture where the international community was witnessing a new momentum that included ongoing dialogue on the constitution-making process. The delegation of Ethiopia called for greater transparency in the dialogue process on human rights in Somalia and urged the Office of the High Commissioner for Human Rights to provide greater technical assistance and support to the Transitional Federal Government of Somalia.

FADHL AL-MAGHAFI (Yemen) said the efforts undertaken by the Independent Expert were welcomed, but currently, the Transitional Federal Government should emphasise the unity of Somalia and focus on extending its influence throughout the country. With regard to piracy, the time had not yet come concerning investigations of human rights violations in Somalia; these should be led by national institutions in accordance with the aspirations of the Somali people at that time. The suffering led to human rights violations and the population found difficulty in enjoying their human rights, in particular children in accessing the right to education. It was difficult to ensure the rule of law and the compliance with international obligations. The international community should work to support the Transitional Federal Government until it was able to impose itself in Mogadishu and elsewhere, and the international community as a whole would have to do a lot in Somalia to ensure the problem was properly solved.

HEBA MOSTAFA RIZK (Egypt) said it was high time for a strengthened partnership with Somalia and for a coordinated approach with the full backing of the entire international community to assist the Somali Government to achieve peace and stability in the context of national reconciliation and social cohesion. Egypt welcomed the announcement about the decision to relocate the relevant United Nations offices from Nairobi to Somalia. However, such a transfer on its own was not enough. It should be accompanied by the provision of financial, technical, logistical and human resources. Egypt called for the elaboration of a concrete roadmap with specific benchmarks related to deliverables. A strengthened United Nations office and a strengthened African Union Mission in Somalia would go some way to facilitate the achievement of this objective. Time should not be wasted on divisive activities such as the creation of an inquiry commission on transitional justice as in the current context it could only lead to more tensions and confrontations. Instead, the focus should be on addressing the root causes of the current situation focusing on how to achieve state building, development and peace. Egypt was committed to supporting Somalia and its people and called upon all States to join it in this endeavour.

MOHAMMED NORE-ALAM (Bangladesh) said that it agreed with most of the recommendations put forward by the Independent Expert. Bangladesh acknowledged the challenging circumstances under which the Independent Expert had to carry out his mandate and the precarious situation in a country that was the result of a prolonged political and military crisis. Bangladesh remained concerned that the recruitment, training and use of children in the conflict, especially by armed militants, continued unabated. Another area of major concern was the protection of journalists who had been subjected to kidnapping and targeted killings. In closing, Bangladesh reiterated its support of the Transitional Federal Government.

PHILIP TISSOT, (United Kingdom), said the United Kingdom remained deeply concerned by the horrifying abuses inflicted by armed groups and the conflict-related violence suffered by the population. The protection of civilians should be a constant focus for all concerned parties. Despite multi-faceted problems, there were glimmers of hope more widely; the Transitional Federal Government was surviving whilst armed groups appeared to rule through fear rather than true support in areas they controlled. Every effort should be made to support the Transitional Federal Government, strengthen its capacity to win trust, and deliver a stable environment that was conducive to the enjoyment of human rights; the efforts should be Somali owned and led, with full, coordinated support from the international community. The focus of the Independent Expert on ending impunity for perpetrators of human rights abuses was welcomed; the systematic documentation of abuses would add to the accountability and credibility, and ultimately the strength of the Government. The Human Rights Council should remain engaged with the human rights situation in Somalia with a view to supporting the Government's efforts to achieve real improvements on the ground.

BUDOOR ABDULAZIZ AHMED (Bahrain) said Bahrain paid tribute to the Independent Expert on Somalia and thanked him for his report which Bahrain had considered with interest. The human rights situation in Somalia was extremely significant and must be followed-up by the Human Rights Council. There was also a need to look at the rights of Somali refugees, the Bahraini delegation said, adding that those fleeing Somalia to other countries were testimony to the difficult conditions that the Somali people must endure. The Independent Expert rightly pointed out that the situation in Somalia was a changing one in several regards. Given all remaining obstacles that had to be overcome, Bahrain called upon all stakeholders to respect their obligations under international humanitarian and international human rights law and to provide more technical assistance to Somalia in accordance with the priorities of that country.

PAOLO CUCULI (Italy) warmly thanked the Independent Expert for yet another in-depth report and for his steadfast commitment to the cause of human rights in Somalia. The report described a situation on the ground that had further deteriorated over the last months. Human rights defenders, journalists, students and scholars continued to be victims of sectarian violence. At the same time Italy detected a note of cautious optimism at the end of the report, confirming that progress was possible provided that all relevant stakeholders acted resolutely and in coordination. Italy remained confident that the Somali Transitional Federal Government would continue to cooperate with these relevant stakeholders and Italy reiterated that all countries needed to do more to support Somalia’s fragile, yet critical, development process.

FAYSAL KHABBAZ HAMOUI (Syria, speaking on behalf of the Arab Group) said it hoped the interactive dialogue today would result in stepping up the efforts of the country to improve the human rights situation. Somalia had suffered from a very difficult situation which had attracted the attention of the international community. The situation there was affecting international peace and security and the Group hoped that this attention would help the Government to overcome the difficulties of the Somali people. The Group highlighted the need to support Somalia’s integrity and assist the Government in extending its authority throughout the whole territory. The Arab Group welcomed the intention to move the United Nations agencies into Somalia next month. The acts of piracy meant that more assistance was needed for the Government to overcome this threat to peace and security. The Arab Group said that the investigations into human rights violations must be left to Somali authorities and institutions. The Group stressed that today’s interactive dialogue was an opportunity for the international community and the United Nations to find long-term commitments to save Somalia from a devastating humanitarian situation.

ALMASHAN ZEYAD (Kuwait) said Kuwait read with great concern the report by the Independent Expert which described a continually worsening situation while also attesting to appropriate solutions aimed at resolving the situation. Kuwait was extremely concerned about the situation in this brotherly country and called upon all stakeholders to end this blood bath together with the Government. The efforts of the Somali Government to contain the conflict had been impossible as State institutions were insufficiently solid. The international community therefore had the obligation to support the Government to allow it to implement its duties. Kuwait believed that the report of the Independent Expert, which insisted that all safeguards must be implemented, was key to returning to normalcy in Somalia. Kuwait paid tribute to the initiative taken by the Human Rights Council which had invited the Independent Expert and hoped that peace and security would prevail soon in Somalia.

FATIMA MALIK (Australia) said that the Independent Expert’s report was another tool for Somalia to use, in cooperation with the Council and the international community, to improve the situation of the Somali people. Sexual violence against women in Somalia remained of grave concern to Australia, as did continued reports of the use of child soldiers. Australia also noted the Independent Expert’s concerns about the lack of access to food and water, inadequate health care and limited education opportunities in Somalia. Australia concluded by saying that it supported the African Union’s commitment to increase African Union Mission in Somalia (AMISOM) troop numbers, as announced at the African Union Summit in July 2010.

IDRISS JAZAIRY (Algeria) said Algeria hoped that the report of the Independent Expert would help Somalia to get out of the humanitarian crisis. The report attested to the situation of human rights which was different in Somaliland and Puntland. The improvement of the human rights situation in Somalia was an immensely complicated task, Algeria said, and added that it was important to treat all the problems in a holistic manner and take into account political, economic and security aspects. Less than one year before the end of the transitional period, the international community must live up to its responsibilities and reinforce Somali institutions. The donors must meet the assistance needs of the people and the United Nations must assume a more dynamic role. Algeria was pleased that the move of the United Nations agencies from Nairobi to Somalia was actually happening. The recommendation to establish a commission for investigation of human rights abuses in Somalia was a right one, and important for the fight against impunity.

YANG CHUANHUI (China) noted the report by the Independent Expert on Somalia and was grateful for the great amount of work he had done. China was pleased to note the positive developments in Somalia. The strength of Somali troops had improved and the African Union Mission in Somalia had dispatched more troops to better assist the Transitional Federal Government. However, it was a source of concern that conflicts in Mogadishu had accelerated and deteriorated the human rights situation. The civil war had lasted for more than 10 years and realising peace and security was now a common aspiration of the people. However, the Transitional Federal Government still had a long-term, arduous task to complete and required the support of the international community. China urged relevant parties to persist in their intention for the peace process to succeed by stepping up their efforts. China had always supported the peace process, the United Nations’ active role, as well as the African Union Mission to Somalia. It had also maintained close contacts with the African Union, relevant African countries, and sub-regional organizations and was ready to continue playing a constructive role. Also, China would welcome extending the mandate of the Independent Expert on Somalia for another year.

ABDULWAHAB ATTAR (Saudi Arabia) thanked the Independent Expert for his comprehensive report. Saudi Arabia carefully considered the information in the report and welcomed the recommendations and conclusions. Further international efforts were needed to support the peace process. Somalia was enduring a serious humanitarian crisis and the ongoing conflict was threatening food security and access to health care. Saudi Arabia supported the relief efforts in Somalia and re-emphasized the importance of national reconciliation. In conclusion, Saudi Arabia reiterated the importance of renewing the mandate of the Independent Expert in order to help Somalia overcome the numerous political and economic challenges it currently faced.

JEFFEY HEATON (Canada) said Canada shared the view of the Human Rights Council that a strong, effective and neutral United Nations presence had an important role to play in supporting a resolution to the current conflict in Somalia. Canada remained deeply concerned by the dangerous and worsening human rights situation in Somalia and the ongoing and widespread impunity for violations of human rights and international humanitarian law. Canada noted that the Independent Expert had pointed out some positive developments and said that conclusions and recommendations in the report offered positive advice to all those involved in the great effort to bring lasting peace to Somalia. Canada reiterated its full support for this mandate and asked the Independent Expert his view on the steps to be taken by the United Nations to establish and strengthen human rights and international humanitarian law accountability mechanisms. Also, Canada asked how the international community could best protect human rights of the most vulnerable populations and what it could do to engender the resumption of humanitarian assistance in south central Somalia.

VIJAVAT ISARABHAKDI (Thailand) said Thailand noted with much appreciation that today’s initiative had received the full cooperation of Somalia. Thailand also welcomed the willingness of Somalia to remain engaged with the Independent Expert and supported the renewal of that mandate, but the renewed mandate should be strengthened to ensure coherent efforts and coordination between the Independent Expert, the Special Representative of the Secretary-General, and other United Nations entities. Many challenges remained, and Thailand urged the international community to consider expanding cooperation and technical assistance to Somalia as bilateral, regional and international levels. It was important that such international cooperation was also aimed at ensuring sufficient and sustainable resources to guarantee the security needed for the transition towards stability and development in Somalia. Thailand stood ready to explore possible venues for partnerships with Somalia within the South-South cooperation framework.

GEIR SJOBERG (Norway) welcomed the Independent Expert’s report. The current situation in Somalia was unsustainable and Norway deplored the fact that the civilian population, in particular women and children, continued to bear the brunt of the violence. Somalia, as a country with moderate Muslim traditions, deserved peace and stability. The Transitional Federal Government needed to rise above internal squabbling and focus on providing security to the Somali people. A clear set of benchmarks needed to be set by the Transitional Federal Government in order to have attainable objectives in the coming months and years. For lasting progress, however, the international community needed to provide greater assistance and support. Finally, Norway commended the Independent Expert for engaging in dialogue and discussion with as many stakeholders as possible in the drafting of his report.

CARTTON E. FORBES (United States) said that the recommendations made by the Independent Expert on the human rights situation in Somalia underscored the seriousness of the human rights problems in Somalia and the pressing need for the Somalis and the international community to find an effective way to address the challenges there. The United States asked the Independent Expert to provide additional thoughts on the concrete steps that the United Nations and other actors could take within the next twelve months to improve the human rights situation on the ground for the people of Somalia. In closing, the United States thanked Mr. Bari for his tireless work in the cause of human rights for the people of Somalia.

HAMZA OMER HASSAN AHMED (Sudan) said Sudan took note of the report and concerns of the Independent Expert. The Somali people were tired of war and it was time to find a solution, the Sudanese delegation said, adding that the conflict could not be resolved through military means. Sudan called for support for the Transitional Federal Government so as to enable it to offer services throughout the country. Sudan also called for urgent humanitarian assistance and underscored that it supported the mandate of the Independent Expert as long as that was the will of Somalia. That was the principle of Sudan: no mandate should be imposed on a country, but it should be the wish of that country.

CARINA MARTENSSON (Sweden) said that Sweden shared the deep concern over the continued impunity and absence of rule of law in Somalia. Reports of summary executions and the use of ruthless physical abuse by the extremist insurgency in South and Central Somalia were deeply worrying and against all values of humanity and human dignity. Sweden welcomed the Somali-owned human rights monitoring and tracking mechanism launched in the draft Constitution by way of establishing an independent Somali Human Rights Commission. Women and children continued to bear the brunt of the consequences of the fighting in Somalia and their voices should be heard and their lives protected. Sweden concluded by saying that it supported the renewal of the mandate for the Independent Expert.

MICHAEL MEIER (Switzerland) said Switzerland agreed with the Independent Expert that the situation in Somalia was really alarming. A huge number of violations of international humanitarian law and international human rights law occurred on a daily basis and the situation had deteriorated compared to last year. Switzerland asked in what way the technical support recommended by the Independent Expert could be provided to the African Union Mission in Somalia. Switzerland said that the problem of impunity remained a major concern for all actors. Regarding the recommendation by the Independent Expert to create an independent commission for the investigation of violations of human rights and international humanitarian law, Switzerland asked the Independent Expert to provide further details on this recommendation. With regard to the human rights situation in Somaliland and Puntland, Switzerland welcomed the results of the peaceful elections and hoped that Somaliland would continue the process of democratisation. Switzerland was concerned by the constriction of the space for civil society in Puntland and said it was important that they move forward in the democratisation and reform process.

DEUSDEDIT B. KAGANDA (Tanzania) said Tanzania thanked the Independent Expert on Somalia for his report and the details provided on the initiatives undertaken to improve the human rights situation in Somalia. Tanzania was deeply concerned about the worsening situation in Somalia and called upon the Government and all Somali parties to work towards peace in the country and to place the interest of the people above all other interests. Efforts should also be made to expedite all pending issues and hold the elections in a conducive environment. All members of the international community should remain engaged, the Tanzanian delegation said, paying special tribute to Burundi and Uganda for providing troops. Tanzania reiterated its offer to train 1,000 Somali soldiers in an effort to ensure that the plight of Somalia remained in the hands of Somalis themselves.

KAREN PARKER, of International Educational Development, said that AMISOM needed far more funds and they were certain that the current pledges were glaringly insufficient. International Educational Development said that it was pleased that AMISOM was working to train troops in humanitarian law, but noted massive violations by insurgent forces, including the recruitment and use in combat of grossly underage children. Finally, the speaker asked for further information on the nuclear waste containers that broke apart on shore during the 2004 tsunami and urged the Independent Expert to make recommendations in this regard.

OMAR FARUK OSMAN NUR, of Freedom House, said that the Independent Expert’s report highlighted how the people of Somalia were denied their human rights and dignity. The violence and fear of violence in the southern and central regions of the country were testimony to the continuous struggle by journalists to uphold their rights, especially the right to freedom of expression. The impact was not limited to individual journalists, but extended to their families and also the wider community. Freedom House appealed to the international community to set in motion a dedicated collective action to end the violations of freedom of expression and the culture of impunity.

PHILIPPE DAM, of Human Rights Watch, said that there was no easy solution to the complex crisis that was tearing Somalia apart, but hoped that the dialogue today could provide a starting point. Civilians in Mogadishu continued to suffer and bear the brunt of the fighting which had long been characterised by indiscriminate attacks by all sides. In the past year, the majority of attacks had been attributed to non-state armed groups including Al-Shabaab and Hizbul Islam. Human Rights Watch said that the Transitional Federal Government and the African Union Mission to Somalia should do much more to ensure that the harm to civilians was minimized. Outside of Mogadishu, many areas of southern Somalia under Al-Shabaab control had achieved a degree of stability, but at a high cost to the local population, especially women. Addressing impunity should be a top priority and an independent and impartial commission should be established to investigate and document serious crimes. Increasing awareness of the human rights situation in Somalia should be an urgent priority in order to better define strategies to protect human rights and prevent future violations, Human Rights Watch said.

AHMED MOHAMMED ALI, of Cairo Institute of Human Rights, said that human rights defenders in Somalia continued to pay a heavy price for their efforts to ensure that the widespread violations committed in South and Central Somalia were not obscured. Key actors, including the United Nations and donor states, should encourage accountability for violations against human rights defenders and enhance support for defenders on the ground. Ensuring that the voices of the human rights defenders from Somalia were heard at the international level was the key. The dire human rights situation was further aggravated by the current absence of systematic international human rights documenting and reporting on Somalia, and the Cairo Institute of Human Rights called on all relevant actors to deploy additional staff to ensure that systematic monitoring and reporting of daily violations took place.

Concluding Remarks

SHAMSUL BARI, Independent Expert on the situation of human rights in Somalia, in concluding remarks, said he thanked all those who found the report useful and for supporting the extension of the mandate. One specific area of concern raised by speakers was what did he see to be the priorities for the Transitional Federal Government and for the international community and the United Nations; for the former, he thought it would be useful to have a roadmap from the Transitional Federal Government, developed in concert with the United Nations, and including what its plans were to end corruption, for example, and measures that could be taken in order to let the population know that the Government was working to make progress in this regard. The Government should have a mechanism to let the Somali population know that it was committed to its work and to provide good government, within its limited abilities, to the population. There was a need for the Transitional Federal Government to publicise that it cared for the people, as this was not the general impression. There should be a roadmap to show how the Government wished to progress, for example in education, and it was for the Government to take ownership of all activities and recognize that much more needed to be done. There was a need to improve bureaucracy, medical services, and the armed forces, and the Government needed assistance from the international community in this regard so as to be able to achieve its objectives. Helping the Transitional Federal Government to train civil servants was a priority for the international community. There should be a specific programme for civil society within the roadmap, stipulating what they could do in various areas and fields, including improving services and capacity building. Today's discussion should result in a more concerted international effort to deal with the terrible situation of human rights in Somalia, and the international community should consider the atrocities that had been perpetrated over a long period of time and were a blot on the conscience of humanity.

Documents

The Report of the High Commissioner for Human Rights containing the conclusion of the 15th Workshop on the Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Regions (21 to 23 April 2010), (A/HRC/15/39), summarizes the discussion during the 15th Workshop. The Workshop reviewed progress achieved since the 14th Workshop in Bali, Indonesia in the four areas under the Tehran Framework of Regional Technical Cooperation Programme for Asia and the Pacific (Tehran Framework), namely: (a) national human rights action plans; (b) national human rights institutions; (c) human rights education; and (d) the right to development and economic, social and cultural rights.

The Report of the Secretary-General on the role and achievements of the Office of the High Commissioner for Human Rights in assisting the government and the people of Cambodia in the promotion and protection of human rights, (A/HRC/15/47), outlines the role and achievements of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights.

Introduction of Reports on Regional Cooperation in the Asia-Pacific Region and the Report on Assistance in Technical and Capacity Building in Cambodia

IBRAHIM WANI, Chief, Africa Branch, Field Operations and Technical Cooperation Division, of the Office of the High Commissioner for Human Rights, said that the first of two reports being presented followed from the fifteenth Workshop on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Region held in Bangkok, in April 2010. The theme of the workshop was the strengthening of regional human rights mechanisms by sharing good practices and experiences. In this respect, the Association of Southeast Asian Nations (ASEAN) should be commended for the successful establishment of its own intergovernmental Commission on Human Rights. The workshop also highlighted the opportunities to work toward the development of a sub-regional human rights mechanism, which was an essential building block for broader human rights arrangements in the Asia-Pacific region.

The next and final country report for this session was from the Secretary-General on the role and achievements of the Office of the High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights. The report highlighted some of the noteworthy achievements made by the Cambodian Government in the past year and the Government’s positive engagement with the United Nations human rights system. Important steps had been taken to strengthen the country’s legal and institutional framework and the first trial in the Extraordinary Chambers in the Cambodian Courts was successfully completed. However, the report also noted several instances in which critics of the Government had faced criminal charges, other lawsuits or defamation, which undermined freedom of expression and public debate in Cambodia. In conclusion, the Office of the High Commissioner for Human Rights would continue to work on these issues of concern together with the Cambodian authorities in the spirit of constructive dialogue.

Statement by Concerned Country

SUN SUON, Ambassador and Permanent Representative of Cambodia to the United Nations, World Trade Organization and other International Organizations in Geneva, speaking as a concerned country, said Cambodia regretted that the report of the Office of the High Commissioner for Human Rights did not reflect the whole picture, but had rather selectively addressed many areas of concern which the Government had known and had continued to address on a daily basis. The Office should reflect the positive aspects of economic and social development in order to make an overall assessment and reflect fairly the reality of the progress in the country. Some of the issues related to the reforms of the judiciary, the recent instances of lawsuits and the issue of peaceful demonstrations were highlighted in the delegation’s statement as well as in the comments and communications of Cambodian authorities. On the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Cambodian Human Rights Committee resolved the complaints it received from people, improved the situation in prisons and intervened in prolonged pre-trial detentions.

Over the years, Cambodia had extended its cooperation to the Office of the High Commissioner for Human Rights, believing it would help the Government to enhance the country’s capacity building in the area of human rights. The Government acknowledged that there were efforts by the Office to make progress in many areas of cooperation. The Government believed that there were still shortcomings in the ways and approaches in working with the Government according to the mandate set in the Memorandum of Understanding. The Office was not acting as a monitoring side to the Government and if there were issues or differences, those should be addressed in consultation with the Government, Cambodia said. Cambodia acknowledged that the tasks ahead were challenging in view of the constraints the country faced in addressing all relevant areas of human rights, and said that the Government spared no effort in continuing all the reforms which remained high on its agenda. In conclusion, Cambodia would appreciate if the Office of the High Commissioner for Human Rights reviewed its approach in order to work constructively with the Government in accordance with the terms of the Memorandum of Understanding.

General Debate

XAVIER BAERT (Belgium, on behalf of the European Union) said cooperation was an essential element in preventing and redressing human rights violations, and this should take the form of capacity-building and capacity assistance for States whose capacity was limited, and the Human Rights Council should play the full role for which it was created in this regard. The capacity-building and technical assistance provided by the mandate holders were appreciated and with their expertise, all cooperated to improving human rights on the ground. The European Union regretted that the interactive dialogue on Burundi had been postponed for a second time; in the midst of a democratic transition, Burundi could not afford to be without a follow-up mechanism. The authorities should swiftly set up a national human rights institution in line with the Paris Principles. The dialogue on Somalia was appreciated, and it should help to improve the human rights situation on the ground. The work of the Office of the High Commissioner for Human Rights in the field of technical assistance and capacity building and proposing practical solutions for the future were appreciated. The European Union was convinced of the vital assistance of NGOs in the field of technical assistance and capacity-building.

HASSAN ZERAN (Chile) said that, first of all, from a perspective of early warning, technical assistance and support could help States prepare and protect human rights rather than dealing with human rights violations after the fact. The work of the Council was completely linked to the plight of human rights victims. The Human Rights Council should dedicate a special chapter to the issue of cooperation. As the last round of the Universal Periodic Review had shown, many Member States were in need of further resources if they were to successfully implement recommendations.

MICHAEL MEIER (Switzerland) said the mandate of the Independent Expert on Burundi was an important one and it was regrettable that the interactive dialogue with this Special Procedure did not take place as the Council should be informed about the work done by the Independent Expert. Switzerland said that the relevance of this mandate should not be neglected. The Council needed the information about the human rights situation in the country and Switzerland asked the Independent Expert to present this report to the sixteenth session of the Human Rights Council.

MEKENZIE MILLAR (United States) said technical assistance was one of the Council's many tools to protect and promote human rights around the world. Since joining the Council, the United States had demonstrated its commitment to working with others to bring attention to situations that required assistance. Technical assistance, however, was a two-way street; States receiving assistance and those to whom assistance was offered should cooperate fully to ensure that such capacity-building and assistance was useful and implemented effectively. Ultimately, the Council had an obligation to focus on urgent human rights situations, even when the Governments concerned failed to act. The Office of the High Commissioner for Human Rights had done a commendable job providing assistance around the world, helping States develop the capacity to comply with treaty obligations, engage with treaty bodies, and follow up on their recommendations. The United States strongly supported the Office's important work, and firmly believed it must maintain its complete independence in order to carry out its job. The United States regretted that the Independent Expert for Burundi was unable to report this session, and looked forward to regular reporting to the Council on his part.

VIJAVAT ISARABHAKDI (Thailand) said that the report A/HRC/15/39 was prepared in accordance with Council Resolution 14/8, which Thailand submitted under agenda item 10 of the fourteenth Council session in June as a follow-up to the workshop held in Bangkok in April of this year. The report comprehensively reflected the discussions amongst States and all stakeholders during the workshop. Workshop participants had noted that increased capacity-building was needed to help States fulfill their national commitments made through new mechanisms at the international and regional level, including the Universal Periodic Review. Thailand concluded by highlighting the importance of strengthening interregional cooperation.

JOAO ERNESTO CHRISTOFOLO (Brazil) said that assessing the extent to which the United Nations community had fulfilled its commitment in the area of technical assistance and capacity building was particularly important in light of the review of the Human Rights Council. The agenda of the Council provided it with the mandate to deal with specific situations, for which condemnation was sometimes a necessary result. The real improvement in the lives of those who needed it the most required the Council to go beyond, particularly when States were willing to cooperate with the United Nations human rights system. Although formally established, the Council still needed to fully implement its mandate in the area of technical assistance and capacity building. Current practices overlooked the potential of technical assistance to concretely improve the lives of those who needed it the most. Many countries had reached out and requested technical assistance, but no strategy was envisaged to answer those calls. The review process should discuss cooperation as a cross-cutting issue and as a tool to promote and protect human rights, Brazil said. The whole United Nations community had the responsibility to share best practices and to provide resources to help interested countries in surmounting the challenges and Brazil stood ready to engage in this process.

LIBERE BARARUNYERETSE, of Organisation Internationale de la Francophonie, said the Organization had taken certain actions with regard to Haiti following the earthquake in the country. It had made certain proposals for reconstruction in an international donor conference in order to build a new future for Haiti. However, the Organization's action for Haiti went beyond this, having been active in the country since at least 2005. The quadripartite justice programme had resumed all its activities, and the organization was now one of the only bodies active in the rule of justice and of law in the country. Together with the High Commissioner, the Organization had supported the sending of a mission to Port au Prince in August 2010 to evaluate the need for civilian protection, which had made it possible to draw up a plan for multi-annual capacity building. The Organization attached particular attention in 2010 to improving the legal offices to deal with complaints of human rights violations and the training of the forces of law and order in respecting human rights, in particular when dealing with elections.

KATHARINA ROSE, of International Coordinating Committee of National Human Rights Institutions, said that it commended the efforts made by the Government of Haiti in facing the complex situation and multiple challenges that the country was dealing with. The International Coordination Committee urged the High Commissioner to continue strengthening the protection of civilians in the humanitarian crisis in Haiti, in part through the reinforcement of the Office for the Protection of Citizens. The International Coordination Committee also welcomed the efforts of the Organisation Internationale de la Francophonie in Haiti and other civil society organizations that were working to reinforce national institutions. In closing, the International Coordination Committee noted the responsibility of the international community in safeguarding and protecting the rights of all Haitians.

ROMAIN MORIAUD, of Rencontre africaine pour la défense des droits de l'homme, noted a climate of insecurity and terror in Somalia. It also noted the continued attacks by pirates and said they undermined the country’s economic prospects. The report by the Independent Expert presented the complexity of the challenges the transitional government was facing. It was of utmost importance to promote respect for international humanitarian law and protect the civilian population. Recontre Africaine pour la Défense des Droits de l’Homme called upon the Council to develop strategies to deal with all the agencies involved in providing assistance and protection and to strengthen the African Union mission in Somalia.

PHILIPPE DAM, of Human Rights Watch, was deeply concerned by the situation in Burundi, where the Government was avoiding dialogue and was stifling the voices of dissent. In 2008, the Government assured the Council that the commission would be established soon, but it still hadn’t happened. In July 2010, the Government arrested a journalist and held him illegally in pre-trial detention, nominally for his own security. Since the expulsion of the Human Rights Watch researcher from the country, the Government had not responded to requests for information, the speaker said. Human rights challenges ahead in Burundi justified further engagement of this Council, Human Rights Watch concluded.

For use of the information media; not an official record