Debate on Stand-alone Interactive Dialogue on Somalia by Ms. Navanethem Pillay, United Nations High Commissioner for Human Rights to the Human Rights Council 15th Session - Geneva, 29 September 2010

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,

            I welcome 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 will be addressed by all stakeholders working on and in the country.  I commend the African Group for taking this initiative.

My Deputy recently returned from a visit to the region and her account has strengthened my conviction that this event can help raise the visibility of the dire predicament of the Somali people.  The presence of the Transitional Federal Government (TGF) Deputy Prime Minister, the new Special Representative of the Secretary General for Somalia, and the Resident and Humanitarian Coordinator, as well as the Special Representative for Somalia of the African Union, and key UN agencies, funds and programmes are a strong signal of the commitment of all of us to the Somali people.

They are facing one of the worst humanitarian crises in the world today. According to the UNHCR, one in every seven Somali children dies before the age of five and one in every five child living in the South-Central region is malnourished,
and the situation is further deteriorating, particularly in and around Mogadishu and in other parts of South and Central Somalia.  Almost every day there are reports of civilians killed or injured as the fighting increases in intensity. A report by the Elman Human Rights Group notes that since January 2010 at least 918 civilians have died while 2,555 were injured. Most casualties were caused by shelling in Mogadishu. Displacement, and the diminished availability of food, shelter and sanitation that comes with such condition, have endangered many more lives.

Mr. President,

My Deputy recently visited Somalia and reported ruthless attacks carried out by armed groups.  These acts of violence include suicide bombings, the use of civilians as human shields, summary executions, beheadings, amputations, flogging, whipping, and the forcible marriage of young girls to militiamen.

We must respond to this challenging environment with a firmer determination to protect civilians rather than despair in impotence.  We must rise to the task of protecting human rights with renewed commitment rather than give in to inertia.
         We must remind all parties to the conflict that complying with international humanitarian law is an obligation and it is essential that all possible measures are taken in this regard. 

Those responsible for terrible crimes and abuses must be brought to justice. The lack of accountability for past and current violations and abuses of human rights and international humanitarian law has fostered a culture of impunity. This is one reason why the role of human rights groups in gathering evidence and tracking human rights abuses is essential. I regret that space for civil society is non-existent in many parts of Somalia and restricted in others.  The donor community should enhance its financial, logistical and political support to Somali human rights defenders to enhance their security and protection, and strengthen their capacity to carry out human rights monitoring and reporting. 
    
I also note that there have been ongoing discussions between the UN, the African Union and AMISOM.  An AU/AMISOM/UN agency task force has been set up to determine ways to bolster collaboration on humanitarian issues, including the protection of civilians.  The development of an effective, credible mechanism to respond to allegations of excesses by AMISOM is under consideration.  OHCHR stands ready to provide advice in this regard.
Excellencies,

I would like to commend the efforts of UNICEF, as well as those of Dr. Shamsul BARI, the Independent Expert on the situation of Somalia, for drawing the attention of the Human Rights Council to the issue of child soldiers. I welcome the commitment made by the TFG to ratify the International Convention on the Rights of the Child and encourage the Somali Government and Parliament to give effect to such pledge. 

         I have taken note of the TFG and UNICEF discussions in the past few weeks seeking to develop a plan for the prevention of recruitment and the reintegration of children from armed entities into civilian life. At the August Joint Security Committee meeting, the TFG strongly reiterated its policy of not recruiting children into the Somali national forces and measures taken to prevent such practice. 

Ladies and Gentlemen,

One of our goals is the integration of human rights into the transition / Djibouti peace process. In this regard, key issues are the establishment of accountable and well-trained security forces; the question of justice and reconciliation; and the constitution-making process. Given the current situation, the establishment of National Security Forces and of an expanded civilian police force is extremely challenging, but human rights must be an integral part of that development.

Regarding the constitution-making process, last May OHCHR has deployed a human rights expert to assist the 30 Commissioners of the Independent Federal Constitutional Commission (IFCC) of Somalia, who have been tasked with the drafting of a new Constitution. Our technical assistance on the drafting of the Constitution has been highly appreciated by both the Commission and UNDP colleagues and will continue.

Allow me to underscore that when Somalia undergoes the assessment of its human rights record under the HRC Universal Periodic Review, the engagement of the TFG will be of crucial importance.  Such participation would help to show that despite all the constraints and challenges, the TFG is committed to taking steps to address human rights concerns.  I call on member states to support Somalia in this process.

I wish to take this opportunity to welcome the support given by the SRSG and the Resident and Humanitarian Coordinator to the Human Rights Agenda and work. We also welcome the announcement by the SRSG that UNPOS will be increasing the presence of UNPOS within Somalia in the next few months, in particular to Somaliland and Puntland, and I am pleased that human rights officers – who have already been engaging there - will be among those deployed initially.    

The recent mission of my Deputy to Somaliland and Puntland is evidence of my office’s commitment to the cause of the Somali people.  She pointed that while the situation in Mogadishu and South Central is dire, complex, and unlikely to be resolved in the short term, in Somaliland and Puntland, strong commitments to human rights were made by the authorities and numerous opportunities for further engagement exist. In this context, a program on capacity building, monitoring and awareness-raising will be developed for Somaliland and Puntland to build on the foundations already established through missions by the UNPOS human rights staff.

We welcome the recent peaceful presidential elections in Somaliland and the nascent human rights institution which has solicited our assistance. We are successfully collaborating with UNDP – which runs an extensive rule of law program in Somaliland and Puntland.

Mr. President,

This interactive dialogue is a unique opportunity to steer the debate away from mutual finger-pointing and towards what can be done, and emphasize our own willingness to protect the civilian population.  This entails putting an end to the recruitment of child soldiers by all the parties to the conflict, as well as addressing violence against women and young girls.   Tackling discrimination against minorities and vulnerable groups without any clan protection, including the IDP population, should also be priorities.  For such purposes, we must broaden the range and scope of partnerships regarding technical assistance in the areas identified by the HRC resolutions.

As the Secretary-General said, the situation in Somalia requires a holistic approach merging political, military, human rights and humanitarian measures.  Let’s join forces to heed his call.

Thank you.