RES/20/21 Assistance to Somalia in the field of human rights

GE.12-15425

Human Rights Council Twentieth session

Agenda item 10

Technical assistance and capacity-building

Resolution adopted by the Human Rights Council 

20/21.

Assistance to Somalia in the field of human rights

The Human Rights Council,

Guided by the Charter of the United Nations and the Universal Declaration of

Human Rights, and recalling General Assembly resolution 60/251 of 15 March 2006,

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 Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the code of conduct for special procedures mandate holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her duties in accordance with those resolutions and the annexes thereto,

Welcoming the statement of the President of the Security Council of 5 March 2012

and the press statement issued by the Security Council on 15 May 2012,

Acknowledging the efforts made by Somali stakeholders towards stability and

reconciliation, including the protection of civilians and human rights, by way of laying the

foundation for a constitutional order and a representative, inclusive and accountable system

of governance,

Welcoming the efforts to ensure that women participate meaningfully in the political

process and constitute at least 30 per cent of the members of the new parliament, and that

the role of women is enshrined in the new Constitution,

Acknowledging the commitment and efforts made by the African Union and the

Intergovernmental Authority on Development, and in particular those of the African Union

Mission in Somalia, and acknowledging also the work of those States contributing to the

 The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its twentieth session (A/HRC/20/2), chap. I.

Mission, including regional countries, to support efforts to achieve security, reconciliation

and stability, and the efforts made by the international community and regional

stakeholders to help Somalia to re-establish stability, peace and security on its national

territory, as well as the rule of law,

Commending the African Union Mission in Somalia for its efforts, as requested by

the Peace and Security Council, to minimize civilian casualties during its operations,

including the endorsement in 2011 by the Mission of an indirect fire policy, encouraging

the Mission to intensify its efforts in this regard, and encouraging also the African Union to

support the Mission in efforts to increase awareness and training among its troops on

human rights and international humanitarian law,

Welcoming the work of the Independent Expert on the situation of human rights in

Somalia,

Acknowledging the constructive engagement of the Transitional Federal Government

and Somali regional authorities in the universal periodic review, and encouraging continued efforts in this regard,

Welcoming the signing, on 11 May 2012, of the Memorandum of Understanding on

technical assistance to the Transitional Federal Government in the field of human rights by

the Office of United Nations High Commissioner for Human Rights and the United Nations

Political Office for Somalia,

Acknowledging the need for long-term international support in the field of human

rights in Somalia,

Deeply concerned about the continuing violations and abuses perpetrated against

children, including sexual violence, in particular in areas of conflict or transition in Somalia

by parties to the conflict, including their unlawful use and recruitment of child soldiers, and

concerned about the continued death, injury and displacement of children as a result of

armed conflict,

Noting that the political process in Somalia is at a critical phase, with only two

months before the end of the transitional period, which will end on 20 August 2012, and

looking towards the selection of a successor Government,

Emphasizing the determination of the international community, as expressed by the

Security Council in its resolution 2036 (2012) of 22 February 2012, to take measures

against both internal and external actors engaged in actions aimed at undermining the peace

and reconciliation process in Somalia, including the Roadmap,

1. Expresses its continued serious concern at the human rights and humanitarian

situation in Somalia;

2. Strongly condemns the grave and systematic human rights abuses perpetrated

against the civilian population, including women, children, journalists and human rights

defenders, in particular by Al-Shabaab and its affiliates, and calls for their immediate

cessation;

3. Expresses deep concern at the continuing attacks against journalists in

Somalia, and urges all parties to refrain from intentional violence against and harassment of

journalists and to respect freedom of expression;

4. Calls on Somalia to fulfil its obligations under international human rights

law;

5. Emphasizes that protecting, respecting and fulfilling human rights will be

essential for the legitimacy of any future Somali political leadership;

6. Calls on the Transitional Federal Government and any successor Government

to ensure the inclusion of human rights compliance mechanisms in instruments and

institutions at both the national and subnational levels, and to recognize the importance of

promoting and protecting human rights;

7. Calls on the Office of the United Nations High Commissioner for Human

Rights to implement expeditiously the Memorandum of Understanding on technical assistance to the Transitional Federal Government in the field of human rights, and urges

Member States to support the Office of the High Commissioner and the efforts of the

Somali authorities at national and subnational levels in this regard;

8. Urges all parties to facilitate rapid and unhindered humanitarian access;

9. Encourages the Transitional Federal Government, the successor Government,

the African Union and the African Union Mission in Somalia to intensify their efforts to

facilitate rapid and unhindered humanitarian access, and also encourages the African Union

to support the Mission in increasing awareness and training among its troops on human

rights and on international humanitarian law, as well as in the protection of civilians, with

the support of the international community, while noting that humanitarian access and

security and the fulfilment of human rights are linked, and that assistance efforts should

take these linkages into account;

10. Urges all parties to take immediate steps to protect children and to end

abuses and violations committed against them and, in particular, calls for an immediate end

to the unlawful recruitment and use of child soldiers; welcomes the efforts of the

Transitional Federal Government towards finalizing a plan of action with the United

Nations to end the use of child soldiers, and emphasizes the importance of signing and

implementing that plan immediately; and calls for the Transitional Federal Government,

relevant United Nations entities and others to strengthen child protection efforts, including

by ensuring that such efforts are appropriately resourced;

11. Expressing concern at the abuses and violations perpetrated against women

in Somalia, including sexual violence, and emphasizes the need for accountability for all

such abuses and violations;

12. Urges all parties to take immediate steps to protect women and to end abuses

and violations of their human rights, in particular sexual violence, and emphasizes the need

for accountability for all such abuses and violations, and calls on the Transitional Federal

Government, the successor Government and Somali regional authorities to take all the steps

necessary to enable the full and equal participation of women in conflict prevention,

management and resolution, as well as in peacebuilding and political processes;

13. Commends Member States, inter alia, Turkey, that have extended generous

education assistance, and invites Member States to follow that example, including in the

provision of training programmes for Somali journalists to boost their prominent role in the

promotion of human rights through public awareness campaigns in accordance with Human

Rights Council resolution 10/32 of 27 March 2009;

14. Decides to extend the mandate of the Independent Expert on the situation of

human rights in Somalia for one year, from September 2012, with a view to maximize 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, the successor Government

and Somali subnational authorities to ensure respect for human rights and to strengthen the

human rights regime, including in relation to the presidential and parliamentary speaker

elections, as well as other key transitional tasks that must be completed, and to advise the

Transitional Federal Government and the successor Government, as well as the United

Nations and the international community, on the steps that need to be taken to ensure that

the environment is conducive to the free exchange of ideas and views and the conduct of

elections; and requests the Independent Expert to report to the Human Rights Council at its

twenty-fourth session on the situation of human rights and the implementation of technical

cooperation in Somalia;

15. Urges the special procedures system and the thematic mandate holders to

engage fully and coordinate with the Independent Expert;

16. Requests the Office of the High Commissioner to provide the Independent

Expert with all the human, technical and financial assistance necessary to carry out his

mandate;

17. Calls on all parties to ensure that the progress made at the London

Conference on Somalia, held on 23 February 2012, is consolidated through effective action,

and to redouble their efforts to support the people of Somalia in their search for a better

future for their country;

18. Welcomes the outcomes of the second Istanbul Conference on Somalia, held

on 1 and 2 June 2012, which, in particular, reiterated that respect for human rights must be

at the heart of the peace process, and called on the Somali authorities to follow through

with their commitment to uphold human rights and the rule of law and to put an end to the

culture of violence and impunity;

19. Also welcomes the outcome of the meeting of the International Contact

Group on Somalia organized by the Government of Italy in Rome on 2 and 3 July 2012;

20. Decides to remain seized of the matter.

33rd meeting

6 July 2012

[Adopted without a vote.]