RES/15/28 Assistance to Somalia in the field of human rights

GE.10-16756

Human Rights Council Fifteenth session Agenda item 10 Technical assistance and capacity-building

Resolution adopted by the Human Rights Council*

15/28 Assistance to Somalia in the field of human rights

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the African Charter on Human and Peoples’ Rights and the relevant human rights instruments,

Acknowledging that peace and security, development and human rights are the pillars of the United Nations system,

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia,

Recalling all its previous resolutions on the situation of human rights in Somalia and its decision 14/119 of 18 June 2010,

Recalling also its resolutions 5/1 on institution-building of the Human Rights Council and 5/2 on the code of conduct for special procedures mandate holders of the Human Rights Council, of 18 June 2007, and stressing that the mandate holder shall discharge his/her duties in accordance with these resolutions and the annexes thereto,

Welcoming the commitment and efforts made by the African Union to support Somali-led efforts to achieve reconciliation and stability, and the efforts made by international and regional stakeholders to help Somalia re-establish stability, peace and security in its national territory,

Welcoming also the decision on the report of the Peace and Security Council on the state of peace and security in Africa, adopted by the Assembly of the African Union at its fifteenth ordinary session, held in Kampala from 25 to 27 July 2010, recognizing the

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its fifteenth session (A/HRC/15/60), chap. I.

positive contribution of the African Union Mission in Somalia and troop-contributing countries in this regard,

Reaffirming the efforts of the Transitional Federal Government of Somalia and its subnational entities,

Condemning the despicable terrorist attacks perpetrated in Kampala on 11 July 2010 against innocent civilians watching the final match of the 2010 Soccer World Cup organized by Fédération internationale de football association,

Seriously concerned about the impact of the humanitarian and political crisis on the enjoyment of all human rights, including civil, political, economic, social and cultural rights and the right to development,

Emphasizing the need to tackle the root causes and effects of the prolonged socio- economic and political crisis, including the increasing number of internally displaced persons and refugees in neighbouring countries, human trafficking and piracy,

Stressing the primary responsibility of Somali authorities for the protection and promotion of human rights,

Reiterating the fact that humanitarian, human rights and development assistance are of paramount importance to alleviate poverty and to promote a more peaceful, stable, equitable and democratic society in Somalia,

1. Expresses its serious concern at the growing negative impact of the prolonged instability of Somalia on neighbouring countries and beyond; 2. Expresses its deep concern at the significant civilian casualties caused by ongoing hostilities, the repeated attacks against peacekeeping forces and humanitarian personnel, and the recruitment, training and use of children in the conflict; 3. Also expresses its deep concern at the plight of internally displaced persons and refugees and at the vast scale of displacement as a direct consequence of the conflict and of violations of human rights and humanitarian law; 4. Urges all parties to refrain from all forms of violence against the civilian population, to actively prevent abuses of human rights and to allow unhindered access to humanitarian assistance, in particular for the most vulnerable groups, such as women and children; 5. Strongly condemns the attacks and other acts of violence perpetrated by terrorist groups, especially Al-Shabab, against the Transitional Federal Government, the Somali people and the African Union Mission in Somalia, and also condemns the ongoing takeover by force of several private media houses, especially in Mogadishu, by Al-Shabab and its affiliates;

6. Welcomes the recent statement made by the Special Representative of the Secretary-General for Somalia, including on the situation of human rights in Somalia, announcing the re-establishment of the presence of the United Nations inside Somalia;

7. Recognizes the call of the Intergovernmental Authority on Development and the African Union to boost the composition of troops of the African Union Mission in Somalia following the killing of innocent civilians in suicide attacks in Kampala;

8. Urges the Transitional Federal Government, Member States, stakeholders and the entire international community to continue to isolate and take all required measures against individuals and entities whose actions threaten the peace, security or stability of Somalia and of the region, including those engaged in terrorist acts, while ensuring that any measure taken to counter terrorism complies with international law;

9. Urges the international community, in fulfilment of the commitments made, to provide financial and technical assistance to enable the relevant units of the African Union Mission in Somalia to support stabilization, rehabilitation and reconstruction efforts within its capabilities;

10. Calls upon the Office of the United Nations High Commissioner for Human Rights to accord due consideration to any request by Somalia for assistance from the Universal Periodic Review Trust Fund, and requests all stakeholders to take any appropriate measures to assist the Government of Somalia in its preparation for the forthcoming session of the universal periodic review in May 2011;

11. Requests Member States, relevant United Nations agencies and stakeholders to provide the much-needed technical assistance to the Government of Somalia to boost its effective participation in the various United Nations processes, and calls upon United Nations agencies to respect fully the Somali institutions at the national and subnational levels both inside and outside the country;

12. Urges all parties in Somalia to reject and cease all acts of violence, refrain from engaging in hostilities, prevent any act likely to increase tension and insecurity and respect fully their obligations under international human rights law and international humanitarian law;

13. Urges existing United Nations mandate holders, including the independent expert on the situation of human rights in Somalia, the Special Representative of the Secretary-General for Somalia, relevant agencies and programmes, as well as the Somali authorities at the national and subnational levels, to cooperate fully and coordinate among themselves with a view to setting up a sustainable road map with benchmarks, in accordance with Council resolutions 10/32 of 27 March 2009 and 12/26 of 2 October 2009, to lead Somalia to the path of lasting peace, conducive to the effective promotion and protection of human rights;

14. Calls upon all stakeholders to assist Somalia to design a sustainable road map with benchmarks, to monitor its implementation on the ground and to report to the Council on a regular basis;

15. Decides to extend the mandate of the independent expert for one year with a view to maximizing the provision and flow of technical assistance to Somalia in the field of human rights, in order to support the efforts of the Transitional Federal Government and its subnational authorities to ensure the respect for human rights and strengthen the human rights regime in its work to complete the outstanding task of the transitional mandate, and requests him to report to the Council at its eighteenth session on the situation of human rights and the implementation of technical cooperation in Somalia;

16. Urges the Office of the High Commissioner to provide the necessary technical support and training.

34th meeting 1 October 2010

[Adopted without a vote.]