Oral Statement by Mona Rishmawi, Independent expert appointed by the Secretary-General on the situation of human rights in Somalia

OHCHR/99/04/22
22 April 1999

UN Commission on Human Rights, Fifty-fifth session
Geneva, 22 March - 30 April 1999
Item 19: Advisory services and technical cooperation in the field of human rights


Human rights in Somalia
(E/CN.4/1999/103) and (E/CN.4/1999/103.Add.1)



The complex emergency situation continues in Somalia. Most of the country remains submerged in an internal clan conflict that led to the collapse of the central government in 1991. Human life continues to be prejudiced by the frequent eruption of internal fighting, famine, and decease. Over 30 clan-based factions are fighting in the country. Last week, I publicly expressed concern over the militia fighting in Mogadishu, which claimed about 100 lives during one month alone.

The international community is still negotiating with the warring factions, who ironically serve as the interlocutors of the Somali people with the outside world. The political initiatives currently underway have yet to make real difference on the human rights situation on the ground.

In this context, it is appropriate that the Commission on Human Rights express its wish that human rights issues be integrated in the peace negotiations, especially those sponsored by the United Nations, its regional partners, or its member states. Currently, human rights and humanitarian law protection do not have prominence in these talks. The parties should be called upon to refrain, as a minimum, from committing international crimes so that the lives of innocent civilians, particularly, women, children and the elderly are protected.

In my report, I asserted that the warring factions are bound by the principles of international humanitarian law pertaining to non-international armed conflict. I reminded them of their obligations to respect the provisions of Common Article 3 of the Geneva Convention and of customary international law. The Rome Statute for the International Criminal Court provides a useful guide to these provisions.

During my visit to the area in November 1998, I found that many fundamental principles are severely violated in Somalia. Violations include systematic attacks against life, pillage, hostage-taking, rape and sexual violence, as well as displacement. Attacks against humanitarian relief workers, whether international or Somali, are particularly alarming. On 15 April last year, 10 members of a delegation of the International Committee of the Red Cross were taken hostage in Mogadishu. They were held for 10 days then released. The kidnapping had very serious consequences for the country. The ICRC withdrew its international staff from Somalia, and United Nations planes no longer land in Mogadishu. As a result, the city is now even more isolated than before. I was also extremely saddened by the killing of a Somali staff member of the UN Development Office for Somalia, during my visit. He was murdered by bandits with five others, near Mogadishu.

All these actions constitute war crimes and/or crimes against humanity, which could give rise to universal jurisdiction. As a result, domestic courts in any country could exercise jurisdiction over individuals accused of committing such crimes and could bring them to justice. The case of General Pinochet is an important precedent in this direction. In future and in light of the severity of the violations committed in Somalia, one could even imagine the creation of an international tribunal for this country.

The situation of minorities is particularly alarming, specially that of the Bantus, who have been systematically pushed out of their land by militias and bandits. In addition, women are systematically discriminated against. Although their involvement in business has slightly improved their status, there seems to be a back-lash.

Another major problem is displacement. There is a large number of Somali refugees in Kenya, Ethiopia, Djibouti and Yemen. UNHCR organises relief and protection for these refugees and repatriates them on voluntary basis to UNHCR insists that it requests the refugees to fill in a form and sign a declaration indicating that they return at their own risk. In this respect, I am concerned about reports of cases of forced return from some western countries of rejected asylum seekers. A case currently pending in Australia concerning a forced return to Mogadishu of a Somali national is particularly alarming due to the precedent it will create in returning individuals to areas under-going active conflict.

Moreover, there is a serious problem of internal displacement. It is estimated that in the town of Bossaso, for instance, the internally displaced constitute almost 70% of the population. Although UNDP and UNICEF provide some assistance, this is not adequate. This is ironic as internal displacement often spills over; so the internally-displaced of today often become the refugees of tomorrow. The system almost encourages the internally-displaced to become refugees if they want humanitarian assistance and protection.

The complex security situation in Mogadishu has meant that once again I was not able to pay even a one day visit to Mogadishu. I was able, however, to go to Jowhar, a town in the south of Somalia, which showed me how tense the south is. While there, I also learnt about the functioning of Sharia courts in North Mogadishu and the situation of minorities, particularly the Bantus, that I outlined in my report.

But I had the chance to visit the northwest, also known as Somaliland. A visit to the north east, which is also relatively safe, did not take place because of logistical problems. While in the north-west, I was impressed by the increased security in the self-proclaimed republic of Somaliland. This is the largest concentration of United Nations staff in any part of Somalia, at times up to 80 staff.

I visited the courts, as well as the ministry of justice, the police, the central prison, and the orphanage. Various officials remarked that the court system is weak and in need of international assistance. My view is that for the international community to embark on such effort, it is necessary that Somaliland harmonises its laws with international human rights standards, particularly to eliminate the possibility of the use of corporal punishments.

Despite the complexity of the situation in Somalia, I have maintained since last year that there are several possibilities for building a nucleus for human rights work in Somalia. As a result, I recommended that the Office of the High Commissioner designate a human rights officer to be based in the UNDP- Somalia offices in Nairobi. I was very pleased that the High Commissioner for Human Rights immediately endorsed this recommendation and proceeded with the recruitment of the Officer. The Commission last year welcomed this decision. I have been very encouraged by the willingness of various sources to fund such initiative. One year has passed with no one in Nairobi. This is very unfortunate.

Meanwhile, during my visit to Somalia I found out that the UN agencies are increasingly integrating human rights into their work. Useful programmes are being developed by UNDP, UNIFEM, UNICEF, UNESCO, and UNHCR. I take this opportunity to commend the international agencies on their efforts in this area. In addition human rights NGOs, local and international, are becoming more active in the safe zones, in particular, Somaliland.
These programmes are based on piece-meal activities, however. They do not come as a result of an over-all strategy of how to enhance human rights protection in Somalia. A working strategy should be developed particularly because of the complexity of the situation. The Office of the High Commissioner for Human Rights should play a leading role in this regard, especially in light of the UN Secretary-General’s designation of the High Commissioner for human rights as a focal point to assess all United Nations technical assistance in the field.

The early placement of a Human Rights Officer in Nairobi will be a very positive step forward. The Officer should be immediately placed. Last year, I identified four areas, that we can begin to address. These are:
1. Integrating human rights into the work of the United Nations agencies;
2. Raising awareness on women’s rights;
3. Raising awareness in the area of law enforcement; and
4. Supporting Somali human rights defenders. These areas remain of vital concern.

Before concluding, I would like to refer to two matters as a follow up to issues that I raised in my previous reports. Last year, I raised the question of the actions of foreign troops in Somalia in 1992 and 1993. I continue to receive information on this issue from various sources. I remain concerned that all the allegations concerning the actions of these troops be properly investigated and that impunity is not granted to the perpetrators of unlawful behaviour. This is a question of credibility for the international community’s actions in peace keeping and enforcement missions.

Another issue that I also raised last year is the question of the discovery of mass graves in Hargeisa in May 1997. I said that two forensic experts were sent to Hargeisa in December 1997. They confirmed the existence of the mass graves and called for further UN action in this area. I endorse the recommendations contained in the experts’ report, and I believe that we should act on them. The placement of the human rights officer in Nairobi will facilitate this task. The report is now available and is issued as an addendum to my report.

The time is indeed ripe for starting to work on a nucleus of human rights in Somalia today, specially in the zones experiencing recovery. I look forward to the actual placement of the human rights Officer in Nairobi to deal with Somalia and hope that this will take place without further delay, so that our work with regard to this much forgotten country is more meaningful.