Human Rights Council holds interactive dialogue with the Independent Expert on the situation of human rights in Somalia

MIDDAY

30 September 2015

The Human Rights Council at a midday meeting held an interactive dialogue with Bahame Tom Nyanduga, the Independent Expert on the situation of human rights in Somalia.

In his presentation, Mr. Nyanduga noted that it was necessary to place human rights at the core of the constitutional, political and State formation process. For that to happen, it was important that women, who constituted more than half of the Somali population, who played a key role during the crisis, and who continued to play a critical role during the transition process, participated fully and effectively in those processes. The fight against Al Shabaab remained a major cause of insecurity in many parts of rural south-central Somalia, as well as in major urban centres, where Al Shabaab attacks had continued and exacerbated grave human rights violations. Addressing the lack of capacity and resource constraints faced by the judiciary and other national institutions was key to underpinning the protection of human rights in Somalia. Therefore, technical assistance, capacity building and the provision of financial resources were crucial for the better realization of human rights in the country.

Somalia, speaking as the concerned country, welcomed the relevance of the observations by the Independent Expert and the recommendations made to different stakeholders, nationally and internationally. Somalia was aware of the need to improve the human rights situation in the country as a whole, and said that it was essential to highlight the major challenges that the Government was facing in governing the country. The Government continued to deploy significant efforts to improve the human rights situation and had been able to achieve progress, including the consideration of the national report in the Universal Periodic Review in May 2011, the establishment of the Ministry of Women and Human Rights, and the adoption of the National Action Plan for Human Rights. The international community should address the imbalance between the needs of the country and the resources provided.

In the ensuing discussion, speakers welcomed the commitment of the Government of Somalia to improving the human rights situation. However, they continued to be concerned about the killings of civilians, violence against women, use of children in conflict, the vulnerability of internally displaced persons and minorities, abuses against journalists, and the continued application of the death penalty. It was vital that the perpetrators of human rights violations be held accountable and that impunity be ended in order to ensure sustainable stability in the country. To that end it was important to develop a sustainable judiciary system. Several speakers emphasised that Somalia needed adequate technical and capacity-building assistance in order to achieve the full realization of human rights.

Speaking were: Algeria on behalf of the African Group, Saudi Arabia on behalf of the Arab Group, European Union, United Kingdom, France, Italy, United Arab Emirates, Djibouti, United States, China, Turkey, Ethiopia, Australia, Morocco, Sudan, Norway, Ireland, Egypt, and Yemen.

Also taking the floor were United Nations Children’s Fund and Organization of Islamic Cooperation, as well as the following non-governmental organizations: International Educational Development in a joint statement, Minority Rights Group, Advocates for Human Rights, CIVICUS, East and Horn of Africa Human Rights Defenders Project, Cameroon Youths and Students Forum for Peace, Human Rights Watch, and Arab Commission for Human Rights.

The Council will next hear the presentation of the report of the Office of the High Commissioner for Human Rights on Sri Lanka, followed by an interactive dialogue.

Documentation

The Council has before it the report of the Independent Expert on the situation of human rights in Somalia (A/HRC/30/57)
Presentation by the Independent Expert on the Situation of Human Rights in Somalia

BAHAME TOM NYANDUGA, Independent Expert on the situation of human rights in Somalia, presenting his findings from two field visits in December 2014 and May 2015, said the human rights situation in Somalia remained dire. The political impasse within the Government in late 2014 and early 2015 had impacted negatively on the overall political timelines, the agreed framework for the adoption of the permanent constitution in 2015, and the legislative programme for key legislation such as the media law and the law establishing the national human rights institution. The recent attempt to impeach the President was likely to complicate further the political situation. Nevertheless, some headway was made in the State formation and institution building process under Vision 2016 with the installation of the interim administrations in Jubba and the South West regions. It was, however, necessary to place human rights at the core of the constitutional, political and State formation process. For that to happen it was important that women, who constituted more than half of the Somali population, who played a key role during the crisis, and who continued to play a critical role during the transition process, participated fully and effectively in those processes.

The fight against Al Shabaab remained a major cause of insecurity in many parts of rural south-central Somalia, as well as in major urban centres, where Al Shabaab attacks continued and exacerbated grave human rights violations. Mogadishu had experienced vicious terrorist attacks directed at hotels, which claimed the lives of State officials, diplomats and in some cases the lives of international humanitarian staff. Military operations by the Somali National Army and the African Union Mission in Somalia (AMISOM) forces against Al Shabaab in Lower Shabelle, Jubbaland areas and other parts of the country had led to significant recovery of territory. As for reported attacks on civilians and casualties caused by the AMISOM troops, Mr. Nyanduga said he had expressed his concern to AMISOM authorities and had received a response explaining the short, medium and long-term remedial measures. He noted that addressing the lack of capacity and resource constraints faced by the judiciary and other national institutions was key to underpinning the protection of human rights in Somalia. Therefore, technical assistance, capacity building and the provision of financial resources were crucial for the better realization of human rights in the country. The weakness of the judiciary was attributed to the preference for adjudicating terrorism and non-terrorism related cases before the military court. Mr. Nyanduga also addressed the grim situation faced by internally displaced persons, journalists, media workers, and media houses and owners, as well as the situation of minority groups.

Statement by Somalia as the Concerned Country

Somalia, speaking as the concerned country, welcomed the relevance of the observations by the Independent Expert and the recommendations made to different stakeholders, nationally and internationally. Somalia was aware of the need to improve the human rights situation in the country as a whole, and said that it was essential to highlight the major challenges that the Government was facing in governing the country. Somalia had been the victim of over two decades of conflict and instability, and its entire infrastructure needed to be rebuilt. The Government continued to deploy significant efforts to improve the human rights situation and had been able to achieve progress, including the consideration of the national report in the Universal Periodic Review in May 2011, the establishment of the Ministry of Women and Human Rights, and the adoption of the National Action Plan for Human Rights. The international community should address the imbalance between the needs of the country and the resources provided.

Interactive Dialogue with the Independent Expert on the Situation of Human Rights in Somalia

Algeria, speaking on behalf of the African Group, urged the international community not to disregard the tragedy of the Somali population and the disintegration of institutions and poverty, and to support the Government in its efforts to put an end to the activities of terrorist groups. Saudi Arabia, speaking on behalf of the Arab Group, noted that many Somalis had to flee the country because of the difficult humanitarian and security situation and called upon the international community to assist the Somali Government with technical assistance and capacity building to develop a strategy in order to emerge from the current situation.

European Union welcomed the commitment of the Government of Somalia to improve the human rights situation. It continued to be concerned about killings of civilians, violence against women, use of children in conflict, the vulnerability of internally displaced persons and minorities, abuses against journalists and the continued application of the death penalty. United Kingdom remained concerned about the situation of the most vulnerable in Somalia, including children, internally displaced persons and members of minority groups. It called on the Government and the international community to work together to ensure that these persons received protection and humanitarian assistance. France expressed concern over the renewed activity of Al Shabaab and the resulting increase of violence. It was vital that the perpetrators of human rights violations be held accountable and that impunity be ended in order to ensure sustainable stability in the country. To that end it was important to develop a sustainable judiciary. Italy encouraged the Government of Somalia to protect the rights of women and children, especially in the areas of sexual offences and child recruitment. Women’s participation in politics and decision-making was key to supporting national reconciliation in the country. Italy welcomed the Government’s decision to introduce a nation-wide ban on female genital mutilation.

United Arab Emirates endorsed the recommendation of the Independent Expert to secure sufficient resources for Somalia to achieve many of the projects, including the Human Rights Roadmap, address the danger of terrorism and emerge from the crisis. Djibouti said that stability in the Horn of Africa was closely linked to the stability of Somalia, which was a priority country for Djibouti. Djibouti paid tribute to Ambassador Bari Bari who was killed by Al Shabaab in May this year. United States recognized the progress on eliminating the use and recruitment of child soldiers and said that more needed to be done to fully implement the action plan with the United Nations. The judicial system was in urgent need of development and reform so that it could protect and respect human rights; impunity must no longer be the norm. China commended Somalia for implementing its National Human Rights Roadmap, pledged its continued support for the peace process, and urged the international community to continue supporting the country.

United Nations Children’s Fund drew attention to the military offensives commenced in July 2015 in some parts of central and south Somalia, which had resulted in the displacement of 6,800 persons, mostly women and children. It called on the Council to ensure accountability and to prevent further escalation of such pattern of violations. Turkey commended the steps taken by the Somali Government to improve human rights in various fields. Nevertheless, terrorism remained one of the main threats for the establishment of an environment conducive to the advancement of human rights in the country. Somalia still faced enormous challenges on humanitarian and development issues and therefore humanitarian aid should go hand in hand with local capacity building. Ethiopia stated that it was working with the African Union, the African Union Mission in Somalia, the Intergovernmental Authority on Development, and other friends of Somalia in fighting militant groups such as Al Shabaab, which created a dire situation for the innocent civilian population and jeopardized peace in Somalia. Organization of Islamic Cooperation stated that it was working to achieve a political solution based on an inclusive dialogue with all parties to the conflict. Such action should not be limited only to urgent humanitarian assistance, but should extend to reconstruction and resilience efforts in order to contribute to social and economic development.

Australia welcomed the formation of the Ministry of Women and Human Rights Development and condemned the recent use of the death penalty, widespread sexual violence against women, including female genital mutilation, and abuses against children. Australia encouraged the work towards meeting the goals of the Somali Compact and encouraged the Government to finalize and adopt a constitution as soon as possible. Morocco stressed that the efforts of Somalia to realize the transition must be recognized, despite the challenges such as the ongoing activities of Al-Shabaab which compromised the efforts to establish the rule of law and fundamental rights and freedoms. Sudan commended the efforts of Somalia to improve the human rights situation despite the numerous security challenges, and in particular the adoption of the Human Rights Roadmap. Norway welcomed the commitment of the Government to draft the law banning female genital mutilation, and said that the abuses and violations perpetrated against women and girls, including female genital mutilation and sexual violence, remained a concern.

Ireland noted that significant challenges remained and further efforts were needed to address the serious and systematic violations and abuses perpetrated against civilian populations, including threats to individuals from inter-clan conflicts. It also expressed deep concern about the humanitarian crisis, with over 3 million people in need of humanitarian assistance. Egypt commended the important steps taken by Somalia to improve women’s rights and improve human rights through dialogue with all stakeholders. The primary responsibility to protect human rights rested on the Government. However, Somalia needed adequate technical assistance to achieve full realization of human rights. Yemen praised positive cooperation of Somalia with the Independent Expert and commended the efforts of the Government to restore stability and security, and its fight against terrorism. It noted that Yemen had provided assistance to Somalia to put an end to the humanitarian crisis in Somalia.

BAHAME TOM NYANDUGA, Independent Expert on the situation of human rights in Somalia, said that most of the human rights violations in Somalia happened in the context of the conflict and therefore it was important to consider how these limited the capacities of the State and the efforts it undertook to address them, including through the Human Rights Roadmap. The question of capacity was very significant in terms of understanding the constraints to the process of State formation and the implementation of human rights obligations. This did not mean in any way to downplay the importance of issues that must be addressed, including the death penalty, sexual violence against women, and the protection of minorities and persons living in the internally displaced persons camps. The Independent Expert expressed appreciation for the financial support to Somalia by a number of States, including by Yemen which itself suffered problems. The priorities in the coming period were to mobilize international support for the Government to implement the recommendations it had received, such as building institutions, particularly the judiciary and the police which were key in protecting the population; legislation such as the media law; and enhancing the participation of women in the 2016 elections. The prevention of recruitment of children by armed groups was a very challenging question and it was essential to ensure that the Somali security forces were supported and empowered to fight the forces of Al-Shabaab.

International Educational Development Inc., drew attention to the deteriorating security situation in Somalia and a dire need for resources from the international community to address the most pressing areas of need, including that of judicial reform and the dramatic shortfall of promised funds. Minority Rights Group stated that its recent research on the situation of ethnic minority women in Somalia pointed out to serious human rights abuses. The documented abuses included marital rape and physical attacks, difficulty in gaining access to healthcare, education, training and employment. Advocates for Human Rights noted that Somalia was recovering from a long period of conflict characterized by intense fighting, population displacement, food insecurity and violations of human rights. A mass exodus had created a Somali diaspora of up to 1.5 million people, which meant that 14 per cent of Somalis lived outside country. The diaspora should also participate in the truth-seeking and reconciliation process. CIVICUS - World Alliance for Citizen Participation shared concerns about the still regressing situation of women in Somalia, about unhindered sexual and gender-based violence and exploitation, about the abuse by the AMISOM troops, and about the killings of numerous civilians, including women and children, during Al Shabaab operations.

East and Horn of Africa Human Rights Defenders Project welcomed the interactive dialogue as well as the report on the human rights situation in Somalia. Reporting on sensitive issues such as corruption, human rights or Al Shabaab meant risking lives of journalists. He called on the Government to ensure the protection of the right to freedom of expression. Cameroon Youths and Students Forum for Peace, in a joint statement with, International Federation of Journalists, said that political interference in media outlets and with journalists was a seriously increasing problem in Somalia. The State’s failure to protect journalists had resulted in de facto impunity for most crimes against them. Human Rights Watch expressed its continued concerns over endless attacks on journalists and violations of press freedom in the country. In addition, sexual violence continued to be conducted against women and girls. The State response did not meet international and regional human rights obligations. Arab Commission for Human Rights welcomed the remarkable work of the Independent Expert on the situation on Somalia. The Government needed to deploy forces to ensure security in the country, and make additional security reforms to prevent conflict. Concluding, the Commission urged the United Nations Human Rights Council to take immediate steps to put an end to that violence.

Concluding Remarks

Somalia, speaking as the concerned country, emphasized the tangible progress it had achieved and reiterated its commitment to continue the engagement with the international community to consolidate that progress. Somalia needed the means and the time to implement its important human rights obligations.

BAHAME TOM NYANDUGA, Independent Expert on the situation of human rights in Somalia, said with regards to the talks with clan leaders that this dialogue would continue as it was very important that clan structures be addressed; clan systems had a role to play, including in the criminal justice system. In terms of the participation of the diaspora and the proposal to include them in the Truth and Reconciliation Commission once it was established, the Independent Expert said that they were already taking part in the Government. Mr. Nyanduga stressed the need to ensure the revision of the 1961 Penal Code and that the Media Law, currently before the Parliament, was adopted with necessary amendments to ensure the guarantee for journalists to operate with freedom.

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For use of the information media; not an official record