2.1 - Status of international instruments
A/HRC/7/26 (IE Somalia, 2008)
Annotation Country Right Affected Person
Recommendations
r) the Transitional Federal Parliament [should] undertake discussions to work towards signing and ratifying the core international human rights treaties, in particular the Convention on the Rights of the Child
  • Somalia
  • 2.1 - Status of international instruments
  • children
  • general
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
A/HRC/13/21/Add.2 (RSG IDPs, 2010)
Annotation Country Right Affected Person
Recommendations
> SRG IDPs recalls that national authorities have the primary duty and responsibility to provide protection and assistance to internally displaced persons
> this applies to the Transitional Federal Government as well as to the authorities of Puntland and Somaliland
> United Nations Country Team should sensitize all authorities on the human rights of IDPs and build their capacity to better protect and assist the displaced through, inter alia, targeted training on the Guiding Principles on Internal Displacement and the Inter-Agency Standing Committee Framework on Durable Solutions for Internally Displaced Persons
> United Nations Political Office for Somalia should include displacement issues in their capacity-building activities for the authorities at all levels, in particular the police, military and judicial authorities
> Transitional Federal Government should ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa
> it should elaborate, with the support of the international community, a policy on IDPs based on this Convention, as well as on the Guiding Principles on Internal Displacement, that takes into account the disparities between the different parts of Somalia
> relevant special procedures of the Human Rights Council, in particular the Special Rapporteur on violence against women, its causes and consequences and the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, together with the Special Rapporteur on the question of human rights and extreme poverty, should consider visiting Somalia in the near future
  • Somalia
  • 2.1 - Status of international instruments
  • 3.2 - Cooperation with special procedures
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.2 - Institutions & policies
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • 14.3 - Liberty & security of person
  • 29.1 - Right to an adequate standard of living - general
  • 40 - Internally displaced persons & refugees
  • internally displaced persons
  • judiciary
  • persons affected by armed conflict
  Paragraph(s) 67
A/HRC/13/21/Add.2 (RSG IDPs, 2010)
A/HRC/13/65 (IE Somalia, 2010)
Annotation Country Right Affected Person
Recommendations
> Government’s recent decision to ratify the CRC should be turned into law as soon as possible, thus clearly demonstrating the Government’s political will to follow international standards in this and other fields
  • Somalia
  • 2.1 - Status of international instruments
  • 4.1 - Legal framework
  • 35.1 - Children: definition; general principles; protection
  • children
  Paragraph(s) 88
A/HRC/13/65 (IE Somalia, 2010)
3.1 - Cooperation with treaty bodies
A/HRC/12/48(ADVANCE2) (Ad hoc Missions, 2009)
Annotation Country Right Affected Person
Recommendations
To OHCHR
r) OHCHR should monitor the situation of persons who have cooperated with the United Nations Fact Finding Mission on the Gaza Conflict and periodically update the Human Rights Council through its public reports and in other ways as it may deem appropriate
r) OHCHR should give attention to the Mission’s recommendations in its periodic reporting on the Occupied Palestinian Territory to the Human Rights Council
  • Somalia
  • 3.1 - Cooperation with treaty bodies
  • general
  Paragraph(s) 1979
A/HRC/12/48(ADVANCE2) (Ad hoc Missions, 2009)
3.2 - Cooperation with special procedures
A/HRC/5/2 (IE Somalia, 2007)
Annotation Country Right Affected Person
Observations
Owing to the security situation resulting from the recent conflicts in Somalia, the independent expert, Mr. Ghanim Alnajjar, has been unable to undertake his annual mission to Somalia as planned and is therefore unable to submit a report to the fifth session of the Human Rights Council. It is, however, the intention of the independent expert to provide an oral update on the situation of human rights in Somalia to the Human Rights Council during his interactive dialogue with the Member States
  • Somalia
  • 3.2 - Cooperation with special procedures
  • general
  Paragraph(s) 1
A/HRC/5/2 (IE Somalia, 2007)
A/HRC/10/85 (IE Somalia, 2009)
Annotation Country Right Affected Person
Recommendations
> In my oral report presented to the ninth session of the Council in September 2008, I had made a number of recommendations for different stakeholders in the Somali crisis
> Most of them remain valid
> I shall however add some new ones in light of my latest visit to the region and also, most especially, in the light of the election of the new president, the new extended Parliament and the Government of Unity
  • Somalia
  • 3.2 - Cooperation with special procedures
  • general
  Paragraph(s) 67
A/HRC/10/85 (IE Somalia, 2009)
A/HRC/13/21/Add.2 (RSG IDPs, 2010)
Annotation Country Right Affected Person
Recommendations
> SRG IDPs recalls that national authorities have the primary duty and responsibility to provide protection and assistance to internally displaced persons
> this applies to the Transitional Federal Government as well as to the authorities of Puntland and Somaliland
> United Nations Country Team should sensitize all authorities on the human rights of IDPs and build their capacity to better protect and assist the displaced through, inter alia, targeted training on the Guiding Principles on Internal Displacement and the Inter-Agency Standing Committee Framework on Durable Solutions for Internally Displaced Persons
> United Nations Political Office for Somalia should include displacement issues in their capacity-building activities for the authorities at all levels, in particular the police, military and judicial authorities
> Transitional Federal Government should ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa
> it should elaborate, with the support of the international community, a policy on IDPs based on this Convention, as well as on the Guiding Principles on Internal Displacement, that takes into account the disparities between the different parts of Somalia
> relevant special procedures of the Human Rights Council, in particular the Special Rapporteur on violence against women, its causes and consequences and the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, together with the Special Rapporteur on the question of human rights and extreme poverty, should consider visiting Somalia in the near future
  • Somalia
  • 2.1 - Status of international instruments
  • 3.2 - Cooperation with special procedures
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.2 - Institutions & policies
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • 14.3 - Liberty & security of person
  • 29.1 - Right to an adequate standard of living - general
  • 40 - Internally displaced persons & refugees
  • internally displaced persons
  • judiciary
  • persons affected by armed conflict
  Paragraph(s) 67
A/HRC/13/21/Add.2 (RSG IDPs, 2010)
A/HRC/13/65 (IE Somalia, 2010)
Annotation Country Right Affected Person
Recommendations
> IE welcomes that the SRG Somalia himself is in favour of moving his office to Somalia and has initiated measures in this regard, and suggests that the Human Rights Unit also moves with him
> in any case, the Unit’s staff should move to safer areas of Somalia as soon as possible and their numbers increased
> in 2009, despite many promises, there has been no increase in its staff of two; this is too few a number to cover a country like Somalia
> OHCHR itself should consider a full-fledged presence in Somalia, as it could do much to promote human rights in that country, including monitoring and reporting on human rights violations and training and building the capacity of institutions that are capable of providing human rights protection
  • Somalia
  • 3.2 - Cooperation with special procedures
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • general
  • persons affected by armed conflict
  Paragraph(s) 101
A/HRC/13/65 (IE Somalia, 2010)
Recommendations
> IE is concerned by the suspension of the humanitarian assistance, in particular the discontinuation of the food distribution following the restrictions of humanitarian access imposed by extremist armed groups on WFP
> United Nations should continue its efforts to keep the long-standing humanitarian crisis in Somalia under international focus
> he reiterates his call to the Human Rights Council to reconsider holding a special session on Somalia and calls upon thematic special procedures to consider focusing upon aspects of the situation in Somalia that pertain to their respective mandates
  • Somalia
  • 3.2 - Cooperation with special procedures
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 29.2 - Right to adequate food
  • 50 - Human rights & International humanitarian law
  • general
  • persons affected by armed conflict
  Paragraph(s) 103
A/HRC/13/65 (IE Somalia, 2010)
3.3 - Cooperation with other international mechanisms and institutions
A/HRC/7/26 (IE Somalia, 2008)
Annotation Country Right Affected Person
Recommendations
r) the United Nations and the international community [should] work with Transitional Federal Government officials to address, possibly through an inquiry or investigation, the issue of the very limited information available on the current human rights situation in Somalia and on any violations which allegedly took place in 2007 during the various rounds of fighting
r) past injustices and human rights violations which have occurred during Somalia’s 14-year civil conflict as well as under the previous regime must also be addressed
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 6 - Right to an effective remedy, impunity
  • 50 - Human rights & International humanitarian law
  • general
  • persons affected by armed conflict
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) the international community [should] reinforce their financial support and technical assistance to the Transitional Federal Parliament and Transitional Federal Government, with a view to ensuring that human rights are thoroughly integrated in the institutions, frameworks and laws which are being forged

  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • general
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) all Somali authorities [should] pay serious attention to the protection of children and coordinate with UNICEF and relevant international NGOs to achieve the goal of a better life for the children of Somalia
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 35.1 - Children: definition; general principles; protection
  • children
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) Somali authorities [should] establish independent human rights institutions for the protection and promotion of human rights
r) the United Nations agencies as well as donor countries [should] provide technical assistance and financial support
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.2 - Institutions & policies
  • general
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) in the event that a United Nations mission is authorized for Somalia, such an operation [should] include a human rights component to conduct monitoring and investigations as well as undertaking capacity development and awareness-raising, and have a strong mandate for the protection of civilians
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 50 - Human rights & International humanitarian law
  • general
  • persons affected by armed conflict
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) the Transitional Federal Government [should] increase its support for the Ministry of Gender and Family Affairs and to keep the human rights of women at the top of their agenda
r) the international community and the United Nations Country Team [should] support projects and programmes which benefit Somalia’s women
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 34.1 - Elimination of discrimination against women
  • women
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) in their engagement with the TFIs, the international community should emphasize and strongly support the building of key State institutions with the rule of law and human rights as their cornerstone
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.2 - Institutions & policies
  • general
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
Recommendations
r) the international community [should] support Somalis in their reconciliation efforts and processes, bearing in mind that an event such as the recent National Reconciliation Congress is within a larger framework of reconciliation and as such is the beginning of a process which does not preclude other transitional justice initiatives or processes
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 6 - Right to an effective remedy, impunity
  • general
  Paragraph(s) 82
A/HRC/7/26 (IE Somalia, 2008)
A/HRC/10/85 (IE Somalia, 2009)
Annotation Country Right Affected Person
Recommendations
Recommendations to the new Government of Unity

Another follow‑up measure required in connection with the peace accord is capacity‑building of members of the new extended Parliament and the new Government on human rights and humanitarian law issues
> I am certain that concerned United Nations agencies are ready to help the Government’s efforts in this regard
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.3 - Context, statistics, budget, training, dissemination, civil society
  • general
  • persons affected by armed conflict
  Paragraph(s) 71
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations to the United Nations

> A number of United Nations bodies are deeply involved in addressing the Somalia crisis
< The longest involvement has been that of the Security Council
> In recent years it has discussed the situation in Somalia on many occasions, and adopted important resolutions
> In my oral report to its ninth session, I made some recommendations for the Council and I continue to see the protection and promotion of human rights and humanitarian law in Somalia as inextricably linked to the political process led by the Special Representative of the Secretary‑General
> In furtherance of that process, I cannot overemphasize the importance of the provision of peacekeeping/stabilization forces in Somalia as foreseen in the Djibouti Agreement
> While I appreciate the caution of the members of the Security Council in authorizing troops before improvement of security conditions on the ground, I think it would be prudent to take the risk in acceding to the request of the parties in this regard because a sizeable number of both Government and opposition forces, as well as the respective clans behind them, have come together under a peace agreement
> If this opportunity is not seized, it is likely that the situation will get worse
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 50 - Human rights & International humanitarian law
  • general
  • persons affected by armed conflict
  Paragraph(s) 74
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations to the United Nations

> I would like to make a recommendation for consideration of the Human Rights Council, which can play an important role in drawing the terrible human rights and humanitarian law situation in Somalia to the attention of the international community
> The Council could call for a special session on the situation of human rights in Somalia or at least for a panel discussion
> I have recently written to a number of thematic mandate‑holders on getting together under some mechanism for this purpose
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 50 - Human rights & International humanitarian law
  • general
  • persons affected by armed conflict
  Paragraph(s) 78
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations to the United Nations

> The recommendations I made to UNHCR in my previous report remain valid
> In addition, I would recommend that UNHCR, together with OHCHR, and the UNCT, together with the International Organization for Migration (IOM) and civil society, make further representation to the Governments of Kenya and Yemen regarding the urgent need for more land for a potential spike in arrivals of Somali refugees in Kenya and for the burial of the dead bodies from the sea drowning in Yemen
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 40 - Internally displaced persons & refugees
  • persons affected by armed conflict
  • refugees and asylum-seekers
  Paragraph(s) 79
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations to the United Nations

> UNHCR should also consider, together with other relevant agencies, to undertake awareness campaigns on the dangers of crossing the Gulf of Aden in unsafe boats
> To address the root causes of smuggling and trafficking of boat‑people from the port city Bossasso in Somalia, UNHCR and IOM could also consider opening sub‑offices in the relatively peaceful parts of Somalia
> Such offices could also consider, with international support, small reinsertion projects for prospective asylum‑seekers by providing them with humanitarian assistance in safe places
> This may help mitigate the flow of new asylum‑seekers to neighbouring countries and even attract returnees
  • Somalia
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 13 - Prohibition of slavery, trafficking
  • 40 - Internally displaced persons & refugees
  • persons affected by armed conflict
  • refugees and asylum-seekers
  Paragraph(s) 80
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations to the Government of Yemen

> I am encouraged that the Ministry of Human Rights proposed the establishment of an inter‑ministerial Drafting Committee for National Refugee Law, including UNHCR as a member of the Committee
> I was told that refugees and asylum matters are governed by various national laws and institutions, and their implementation is sometimes ad hoc, inconsistent and not in accordance with international protection principles
  • Somalia
  • Yemen
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 4.1 - Legal framework
  • 40 - Internally displaced persons & refugees
  • general
  • refugees and asylum-seekers
  Paragraph(s) 82
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations to the Government of Yemen

> the Government could ensure that the travel‑weary newly arrived refugees are spared the occasional arrests by army/patrol boats
> As the Government of Yemen does not seem to provide clear guidelines, instructions or training to/for the concerned agencies on how to comply with international refugee protection principles in the course of maintaining the integrity of Yemen’s borders, the appropriate United Nations agencies and the international community generally should provide the Yemen law enforcement institutions with relevant technical cooperation in terms of capacity-building to help them comply with refugee law and human rights law
  • Somalia
  • Yemen
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 3.42 - Inter-State cooperation & development assistance
  • 40 - Internally displaced persons & refugees
  • general
  • refugees and asylum-seekers
  Paragraph(s) 83
A/HRC/10/85 (IE Somalia, 2009)
Recommendations
Recommendations for the Office of the United Nations High Commissioner for Human Rights

> During my trip to Yemen, UNHCR raised concerns about the human rights violations in the refugee camps in Yemen, in particular on the need to monitor and document cases of sexual and gender‑based violence
> Refugees are also allegedly beaten up and women are stoned by elders in the name of sharia
> It would, therefore, be useful if OHCHR could develop collaboration with the Yemen Ministry of Human Rights, UNHCR, IOM and the Danish Refugee Council (DRC) offices in Yemen to monitor and document the human rights abuses in the camps and identify solutions
  • Somalia
  • Yemen
  • 3.3 - Cooperation with other international mechanisms and institutions
  • 34.1 - Elimination of discrimination against women
  • 34.2 - Gender-based violence against women; protection
  • 40 - Internally displaced persons & refugees
  • persons affected by armed conflict
  • refugees and asylum-seekers
  • women
  Paragraph(s) 87
A/HRC/10/85 (IE Somalia, 2009)