Summary

The past year in Somalia has been marked by continued efforts towards political stability as well as the persistence of distinct variations between regions in the observance of human rights. The assertion of the increasing importance of economic, social and cultural rights for the country provided further evidence of the resilience of the Somali people and the will of large proportions of the population to regain peaceful and productive lives.

The independent expert on the situation of human rights in Somalia is appointed by the Secretary-General in accordance with Commission resolution 1993/86 of 10 March 1993. In that resolution, the Commission requested the Secretary-General to appoint for a period of one year a person having wide experience in the field of human rights as an independent expert to assist the Special Representative of the Secretary-General for Somalia through development of a long-term programme of advisory services for re-establishing human rights and the rule of law, including a democratic constitution, as well as the eventual holding of periodic and genuine elections by universal suffrage and secret ballot. The mandate has been renewed on a yearly basis since that date, and has been executed continuously, with the exception of the period September 2000-May 2001 when a new independent expert was being recruited.

The independent expert, Ghanim Alnajjar, undertook a mission to Kenya and Somalia from 24 August to 4 September 2003. During this period he visited "Somaliland", "Puntland" and Kismayo in Somalia, and Nairobi. A planned visit to Mogadishu was again forestalled this year owing to security considerations, while the visit to Garowe also did not materialize owing to the unanticipated introduction of landing fees. In "Somaliland", the expert met with the "president" and various "ministers", with members of the United Nations Country Team (UNCT), local non-governmental organizations (NGOs), as well as with the commanders of the police and the custodial corps, and also visited a police station, the Hargeisa prison and several camps for internally displaced persons (IDPs). During the visit to "Puntland" the expert met with the Minister of Commerce, serving as the Governor of Bosasso, with members of UNCT, local NGOs and the police commander, and paid visits to the police station, the port, the main prison and IDP camps. During his visit to Kismayo the expert had the opportunity to tour the Kismayo port, stadium and hospital and to meet with the District Commissioner, the commanders of the police and custodial corps, members of UNCT and local NGOs, and to visit the police station, the prison, the court, IDP camps and disarmed militia camps. In Kenya, the expert met with Nairobi-based United Nations staff as well as representatives of the international community and international NGOs. He also addressed participants at the Somali National Reconciliation Conference at Mbagathi, Kenya, and convened an interactive dialogue.

During 2003 the Somali National Reconciliation Conference, hosted by Kenya, presented a significant forum for establishing fundamental structures and legal frameworks impacting on the observance of human rights. On 15 September a Transitional Federal Charter was adopted and at the time of writing this report the third phase of power-sharing had been initiated. Outside of formal proceedings, however, violations continued to be widespread, especially in areas of the south. In the north-west, "Somaliland" sustained an environment of relative peace, conducive to growth in construction and investment, more schools and political consolidation; "Puntland", in the north-east, following periodic violence related to a constitutional crisis, is now a region of relative calm and paying greater attention to economic needs. In the Bay and Bakool regions, in south-western Somalia, internal disputes within the administration have been accompanied by sporadic fighting. In Kismayo, initiatives towards disarmament and fuller utilization of the port suggest a return to cautious calm and normalcy. In Mogadishu and other areas of the south, the situation remains tense with periods of intense conflict between and among faction leaders and freelance militia. There have also been divisions within the Transitional National Government.

The self-declared autonomous region of "Somaliland" continued to be relatively secure through most of 2003, an achievement seriously undermined by the killing of four international humanitarian aid workers in the period September to October. The region successfully carried out "presidential" elections on 14 April and has registered some progress with respect to the judicial system, through activities executed under the Rule of Law and Security project of the United Nations Development Programme. Of concern is the extremely poor condition of the main Hargeisa prison, prompting a recommendation from the expert that it be demolished. While economic progress remains critically affected by the livestock ban, increasing investment in trade, housing and education are evident. Relations between the administration and representatives of the international community have been the source of some tension, and the expert has advised that this be addressed.

In the contested Sanaag region the threat of famine has been raised, largely owing to deforestation as part of the charcoal trade, and may be viewed as a violation of the right to food. In "Puntland", the absence of open conflict for some months provided for relative calm. This has apparently promoted a redirection of efforts towards economic activity, notably light manufacture and trade through the port. The unregulated use of the coastline is of heightened concern, especially as it contributes to the phenomenon of smuggling of persons, with attendant perils including loss of life.

In Kismayo, the authorities have made a significant effort towards restoring peace in undertaking a disarmament exercise for former militia. The judiciary and law enforcement mechanisms are very poorly resourced. There is also a greater thrust towards economic activity and fuller use of the port facilities, and in this respect the expert is concerned about the environmental effects of apparent dependence on the charcoal trade. The expert therefore advocates support by the international community for developing alternative income-generating activity such as agriculture and fisheries, and corresponding marketing activity.

In the Bay and Bakol regions, sporadic conflict persisted for much of the year surrounding the chairmanship of the Rahanweyn Resistance Army. These areas have reported significant violations of the right to life, with notable targeting of women and children, and of the right to security of the person, as well as extensive displacement. At the time of writing, however, reports reaching the expert indicated that an October peace agreement between the warring factions was in the process of being implemented.

In the south, the restricted authority enjoyed by the Transitional National Government was further eroded by internal disputes. Freelance militia continued to present a threat to security and were allegedly key actors in a number of cases of kidnapping and violations of the rights to life. Inter-clan and inter-faction fighting was also reportedly the cause of considerable casualties and loss of life.

During his visit the attention of the independent expert was drawn in particular to factors impacting on the enjoyment of economic, social and cultural rights. It would appear that as political and related efforts proceed, albeit tentatively, attention is shifting more towards building livelihoods. The expert underlines that critical to the sustainability of this development is the diversification of economic activity.

The expert also acknowledges that Somalia is at a significant and promising juncture of its political history and he urges the Somali leadership and the international community at large to seize the opportunity to entrench human rights in the legal framework, the structures and the operationalization of the emerging governing modalities.

The expert continues to have faith in the value of civil society organizations for the monitoring, promotion and protection of human rights in the country. He applauds the progress made in 2003 in establishing a pan-Somali network of human rights defenders and encourages further efforts, notably with the support of the international community, towards the consolidation and building of capacity among these groups.

Introduction

1. The Commission on Human Rights, in its resolution 2003/78, decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year and requested him to report to the Commission at its sixtieth session.

2. The independent expert wishes to express his gratitude to the people of Somalia for the hospitality with which he was welcomed in that country. The freedom of movement afforded him, and the willingness of persons from all the areas visited to engage in discussions were critical in fulfilling his mission. In particular, the expert is grateful to the local authorities in "Somaliland", "Puntland" and Kismayo for facilitating his visit and meeting with him, and to the members of civil society organizations who provided him with information.

3. The expert extends his particular thanks to staff of United Nations agencies with whom he met and who shared their experience and enthusiasm. He is especially appreciative of the substantive feedback from the Protection and Human Rights Steering Group, and of the logistical and public relations support provided by the staff of the United Nations Development Programme (UNDP).

4. The expert wishes to thank the representatives of the diplomatic/donor community with whom he met in Nairobi, including representatives of the European Union and the United States. The meetings made for useful exchanges of information and perspectives on the activities and approaches of the international community.

5. The expert is also grateful to the representatives of the international non-governmental organizations (NGOs) NOVIB (Oxfam-Netherlands) and Muslim Aid, who provided him with helpful information and documentation on civil society activity in Somalia.

I. POLITICAL DEVELOPMENTS

6. During 2003 the key political activity revolved around the ongoing Somali National Reconciliation Conference. The talks, which started on 15 October 2002 in Eldoret, Kenya, under the auspices of the Intergovernmental Authority on Development (IGAD), had registered significant initial progress with respect to securing the attendance at some point of all the main faction leaders in Somalia and some participation by civil society groups, and to the signing of the Declaration on Cessation of Hostilities and the Structures and Principles of the Somali National Reconciliation Process (the Eldoret Declaration) by all the Somali leaders on 27 October 2002. There have, however, been continued violations of the Declaration since its signing, leading to the establishment of an international committee - made up of the United States, the European Union, the African Union, the League of Arab States and the Intergovernmental Authority on Development (IGAD) - to monitor the ceasefire.

7. The conference has also been beset by a number of difficulties, including disputes over the number of participants and the allocation of seats by clan, as well as the fact that "Somaliland" has consistently refused to attend the conference based on the assertion that it is a state that is independent from Somalia. The proceedings have also been affected on several occasions by the periodic absence of Abdiqassim Salad Hassan, President of the Transitional National Government (TNG) and three other key faction leaders - Muse Sudi Yalahow, Osman Hassan Ali Ato and Bare Hiirale. Djibouti, a member of the IGAD Technical Committee, also in late September removed itself from the talks, reportedly claiming a lack of neutrality with respect to the events.

8. At the time of writing, the conference had completed the second phase of discussions within six technical committees addressing core issues of the Somali conflict: federalism, disarmament, conflict resolution, economic reconstruction, land rights and international relations. On 15 September, the conference adopted a Transitional Federal Charter emanating from these committees. The Charter has been criticized by civil society groups for inadequately incorporating human rights and rule of law principles. The third phase of the conference will focus on devising power-sharing arrangements.

9. In a disturbing incident related to the talks, on 19 October Shaykh Ibrahim Ali Abdulle, a member of the Transitional National Assembly and delegate to the peace talks, was found murdered in a forest near Nairobi. At the time of writing, investigations were under way.

10. In "Somaliland", the first multiparty presidential elections were held on 14 April without violent incident and the Somaliland Election Commission declared the incumbent, Dahir Riyale Kahin of the Unity of Democrats (UDUB) Party, the winner by 80 votes. It was reported that the main challenger, Ahmad Muhammad Silanyo, of the opposition Kulmiye (Solidarity) Party, claimed that the election had been rigged and rejected the results. The case was taken to the Constitutional Court which, on 11 May, confirmed the incumbent as the winner. Kahin had assumed the presidency of Somaliland after the death of long-time president Muhammad Ibrahim Egal in May 2002.

11. Talks were held in "Puntland" in early May to end the conflict which began in June 2001 when Abdullahi Yusuf, whose presidential term then ended, claimed that the region's parliament had extended his mandate. In July 2001, clan elders rejected his claim and on 14 November they elected Jama Ali Jama president for a three-year term. Abdullahi Yusuf captured Bosasso from Jama Ali Jama in May 2002. A dialogue between the administration of Abdishakur Mire Adan and the opposition, led by General Ade Muse Hirsi, an ally of Jama Ali Jama, was convened in Bosasso following three months of mediation by Sanaag elders. A peace agreement was signed on 17 May 2003, to which all parties have thus far reportedly adhered.

12. On 13 August the mandate of the TNG expired. A statement was made, however, that, as stipulated in the Somali Constitution, it would remain in power until free and fair elections were held, in order to avoid a vacuum in governance. Controversy surrounded this statement, which followed the convening of Parliament by TNG President Abdiqassim Salad Hassan which voted no confidence in Prime Minister Hassan Abshir Farah and Speaker of Parliament Abdallah Derow Isaak, who continued to state that they represented the TNG at the Nairobi peace talks whereas the President had withdrawn from the talks 10 days previously. The officials reportedly claimed that their dismissals were illegitimate under the Transitional Charter and there had not been a quorum in Parliament when the no-confidence vote was held. At the time of writing, the TNG remained in office in Mogadishu.

13. The political situation has been unstable in the south-western region of Baidoa where the dispute, sparked by the struggle for leadership of the Rahanweyn Resistance Army (RRA), between forces loyal to RRA chairman Hasan Muhammad Nur Shatigadud, and those of Shaykh Adan Madobe, the first vice-chairman, and Muhammad Ibrahim Habsade, the second vice-chairman, was manifested in sporadic conflict and assumed inter-clan dimensions. At the time of writing, however, reports reaching the expert indicated a peace agreement concluded in October between the warring factions was in the process of being implemented.

14. On 8 April 2003, the Security Council, in resolution 1474 (2003), decided to re-establish, for a period of six months, a panel of experts to investigate violations of the arms embargo covering Somalia imposed in 1992 following the outbreak of civil war. A panel of experts established by Council resolution 1425 (2002) had reported (S/2003/223), inter alia, that weapons, equipment, militia training and financial support were being supplied by neighbouring States and others to Somali factions and that the factions had also secured weapons through commercial channels and recommended a reinforced sanctions regime, including a monitoring mechanism.

II. PAST HUMAN RIGHTS VIOLATIONS

15. In September 2001 the independent expert wrote to the Secretary-General, urging him to present for the consideration of the Security Council a proposal for the formation of a committee of experts to investigate allegations of past atrocities in Somalia, a proposal which he continues to pursue.

III. HUMAN RIGHTS ABUSES DURING THE PERIOD COVERED BY THE REPORT

The right to life

16. The right to life continues to be violated on an extensive scale in Somalia. Security reports indicate that an estimated 354 persons were killed in faction-based or inter-clan fighting up to the end of August 2003. Some of the major incidents are related below. Casualties from mine explosions, widespread banditry and other criminal activity also accounted for an estimated additional 226 deaths.

17. The situation continues to be most grave in the south. The expert was informed that on 25 February fighting in Mogadishu among rival militias resulted in at least 8 people being killed and more than 20 wounded, mostly civilians. Also in Mogadishu, on 26 February heavy fighting reportedly erupted in Medina district between the militias of faction leaders Umar Finish and Muse Sudi Yalahow, and continued sporadically over several days. At least 50 persons were reported killed, most of them civilians caught in the crossfire, and up to 100 wounded. The activity precipitated widespread displacement of civilians. Fighting erupted again in late March, resulting in 10 deaths and scores more injuries, and again in early June, when at least 7 people were killed. On 14 August, at least 12 people were killed and 6 wounded near the residence of the TNG President in south Mogadishu in an alleged assassination attempt aimed at a senior militia commander.

18. In Kismayo, it is alleged that fighting between subclans was responsible for the deaths of 140 people in the period December 2002-March 2003. It is also reported that on 14 May a driver of a car hired by UNICEF was killed in a clan dispute during a tour of the city by international United Nations staff. Over the course of the following two months 27 persons were reported killed in related clan retaliatory attacks.

19. There were reports of recurrent inter-clan conflict around Baidoa, sparked by the detonation on 10 April of a landmine on the Baidoa-Dinsor road, in which at least 10 people travelling in a minibus were killed, most of them members of the same clan. There followed several months of intermittent fighting and retaliation between clans, which reportedly left 38 persons dead.

20. Reports indicated that two days of heavy fighting between subclans in the south of Mudug region in July left at least 43 people dead and over 90 injured. The clashes were allegedly triggered by revenge killings for the deaths of two men in Galkayo a week earlier, with violence also aggravated by disagreements over water and grazing.

Intentional attacks on international personnel involved in humanitarian assistance

21. There were no confirmed reports of United Nations staff being targeted for attacks. However, there were several serious incidents involving United Nations staff members. On 9 April a confrontation between armed guards and militia in the UNICEF compound in Baidoa resulted in the death of a gunman and injury to a UNICEF guard. Also, as noted above, on 14 May the driver of a car hired by UNICEF was killed in a clan dispute.

22. The expert was saddened to learn of the killing of four non-United Nations international aid staff in September and October in Hargeisa. Dr. Annalena Tonelli, an Italian hospital director, was shot dead on 5 October in "Somaliland" by unknown attackers. Richard Eyeington and his wife, Enid, both staff of the NGO SOS Children's Villages, were shot dead on 20 October, also by unknown gunmen, at their home in a school compound in the town of Sheikh where they worked. Oyaw Abdiwahid, a Kenyan working for a religious charity, was murdered while travelling to a project site in the Gedo region on 15 September.

The taking of hostages

23. The expert was pleased to note that there were no reports of kidnapping of United Nations personnel during the period covered by the report. The number of kidnappings remains high, however, at an estimated 159 over the period covered by the report. The majority of cases were reported in the south, notably Mogadishu, where ransoms allegedly fund the purchase of weapons and ammunition. The expert was especially alarmed at the report of the abduction of four children in early August in Mogadishu, their subsequent rape and the murder of two of them, in an alleged act of clan revenge.

Rape and other forms of sexual violence

24. A 2003 report by UNICEF Somalia, From Perception to Reality: A Study On Child Protection in Somalia, indicates that gender-based violence is a problem of concern in Somalia, despite a widespread culture of denial. The study's Household Survey shows that 75 per cent of the population believes that sexual assault does not exist at all - yet 12 per cent of the adult population and 8 per cent of children attest to personally knowing of a rape victim. Females in displaced persons camps are especially vulnerable - the study notes that "nearly a third of all displaced children (31 per cent) reported rape as a problem within their family, compared to 17 per cent of children in the general population" (Summary).

Minorities

25. According to A Study on Minority Groups in Somalia published by the United Nations Coordination Unit (UNCU) and the Office for the Coordination of Humanitarian Affairs (OCHA) Somalia in September 2002, "Although the population of minority groups living in Somalia has not as yet been established, estimates indicate that they constitute one third of the total Somalia population, approximately 2,000,000 people.. These groups continue to live in conditions of great poverty and suffer numerous forms of discrimination and exclusion" (p. 2).

In the Livelihoods and Protection Study of IDPs and Vulnerable Communities in Kismayo (July 2003), OCHA Somalia further notes that "Individuals from weak and powerless clans rarely enjoy the protection afforded to others. Entrenched socio-ethnic divisions affect access to economic capital (such as employment opportunities) that, in turn, affects the degree of access (or reinforces the lack of access) to education and health facilities.. When human rights violations take place, in the absence of any properly functioning mechanisms for the rule of law, individuals from `minority' or weak clans in Kismayo often have little recourse to systems of justice"(p. 6).

The denial of due process

26. The legal framework throughout the country remains poor. Persistent challenges include untrained staff, low salaries, lack of basic equipment, training and reference materials, gender inequity and lack of harmonization among secular, customary and Islamic laws. On his visit to Kismayo the expert met with members of the judiciary who informed him that they had no copies of the laws and made judgements based on memory.

27. It was reported that on 21 June the authorities in "Somaliland" detained General Jama Muhammad Ghalib, a former Minister of the Interior and police chief of Somalia who was a delegate to the Somali peace talks. He was detained for two nights while travelling to Mogadishu, allegedly for advocating the reunification of Somaliland with Somalia, and subsequently returned to Mogadishu. The expert issued a communication to the "President" on this incident, drawing attention to the human rights implications of this action.

28. Credible reports reaching the expert indicate that nine political prisoners were held in Hargeisa, "Somaliland", central prison from 20 to 25 May and released on 7 August when the Government failed to bring a case against them. It is alleged that most of the men were former fighters with the Somali National Movement (SNM), and were charged with involvement in subversive activities in the aftermath of the "presidential" elections.

Freedom of the press

29. The expert was pleased to learn that in January the authorities in "Puntland" had lifted the ban on two BBC reporters who had been banned in 2002 for allegedly "not being objective in their reporting of events in the region".

30. In May the "Puntland" authorities also restored the broadcasting licence of the Somali Broadcasting Corporation radio and television. The licence had been withdrawn in May 2002, reportedly after the authorities accused it of having "a political agenda inimical to the Puntland state" and being biased in favour of Jama Ali Jama, Abdullahi Yusuf's rival for the "Puntland" leadership.

Women's rights

31. The widespread practice of female genital mutilation continues and is estimated to affect 98 per cent of the female population.

32. In a report on gender justice published in August 2003 by the United Nations Development Fund for Women (UNIFEM), the observation is made that:
"There are three parallel systems of law, the Secular law, the Shariah law and customary law.. Our findings revealed that this environment that allows operation of more that one system is inequitable, restrictive and disadvantageous to women. For example on a murder charge men who murder their wives are tried under customary law where the sentence is diya which is blood money/compensation, women are tried under the secular law where the sentence is death.. There is limited access to secular justice for women, due to economic and social restraints, and low literacy amongst women.

Customary law is perceived as gender unfriendly as the traditional elders who convene the traditional courts are all male, and their points of view and traditional norms influence decisions. Shariah law is the most preferred system of law amongst women because of its divine source, however it is open to misapplication due to the fact that there are no mechanisms in place for certifying judges or recording precedence in the context of Islamic jurisprudence" (p. 3).

33. The expert noted a degree of progress towards the wider participation of women in politics. In particular, 35 of the 362 official delegates at the Somali National Reconciliation Conference are women. Women are seeking a 25 per cent representation in the new government, however, at the time of writing, it had been agreed that 12 per cent of the seats in the new parliament would be reserved for women. A woman had also announced her candidacy for the presidency of Somalia.

Children's rights

34. The expert shares with UNICEF the concerns highlighted in its valuable and comprehensive study, From Perception to Reality: A Study On Child Protection in Somalia. Some of these concerns are:

(a) More than a quarter of both children and adults (26 per cent and 31 per cent, respectively) reported being exposed to a serious or traumatic event caused by conflict;
(b) Children belonging to segregated/outcast and minority clans and internally displaced children are the most disadvantaged of Somali children, have no voice and are the most vulnerable to violence, including murder, poverty and lack of access to education;
(c) Some 200,000 Somali children (5 per cent) have at some time in their lives carried a gun or been involved in militia activities. The average age of enlistment in militia activities is 12 years old;
(d) Fourteen per cent of girls living outside of their home (as orphans) reported that they had experienced sexual harassment from a member of the household.

35. The practice of asiwalid whereby parents send their disobedient children to be kept in prison until they order them released, continues to prevail. The expert has repeatedly drawn to the attention of authorities the negative human rights implications of this practice. Economic, social and cultural rights

36. The humanitarian situation in Somalia is among the poorest in the world. In 1996, Somalia ranked 172 out of 174 countries on the Human Development Index. Since then, Somalia has been excluded from the HDI altogether. According to the United Nations-Somalia country brief for October 2002, the gross national product per capita stands at US$ 176 and remittances account for an estimated US$ 500 million per annum. The main exports are livestock (camel, sheep, goats and cattle), but imports are currently banned in Saudi Arabia, a potentially important market. Average life expectancy is 48 years, with 0.4 doctors per 100,000 people. The maternal mortality rate is 1,600/100,000. Only 28 per cent of the population has access to safe drinking water. The adult literacy rate is 49.7 per cent for men and 25.8 per cent for women; 13.8 per cent of children attend primary school.

37. The expert wishes to draw attention to the need to develop socio-economic infrastructure and services in Somalia. During this mission the expert noted that relative peace in several regions had permitted the expansion of commercial activity and the provision of educational opportunities. A number of obstacles or bottlenecks were, however, curtailing growth, as described below. In this respect, he reiterates the principle that all human rights are indivisible and interdependent, and underlines that progress towards peace and civil and political rights would need to be reinforced by addressing the realization of economic and social rights.

38. The expert was pleased to learn of efforts to support the development and export of Somali livestock and meat products. In May, an initiative to set up a common Somali Livestock Board (SLB) was launched under the auspices of the Dubai-based Somali Business Council. Through a system of disease monitoring, inspection and certification, it is hoped that the SLB will help the industry meet the requirements of importing countries. Additionally, at his meeting with the Minister for Livestock for "Somaliland", the Minister emphasized the need for improved infrastructure to allow for large-scale livestock production and management.

39. The protection of the coastline and the fisheries industry is a matter of economic and social significance for Somalia. Piracy deprives the Somali people of an important source of livelihood and further depletes natural resources. The absence of a coast guard or other administration creates a vacuum in which the smuggling of migrants can take place, with its attendant risks. In one serious incident in October, a boat reportedly carrying 130 Somalis heading for Italy was lost at sea for 20 days, resulting in the deaths of 83 persons.

40. In the view of the expert, the very active charcoal industry in parts of Somalia is damaging to the environment and unsustainable. He therefore urges the authorities and the international community to support alternative livelihood activities, including agriculture, fishing and mining of semi-precious stones.

41. Somalia continues to bear some effects of United States-led anti-terrorism action. At the end of May the decision was taken to close the Saudi-based Al-Haramayn aid agency after the United States Government accused it of links with terrorists. Al-Haramayn had been operating in Somalia since 1992 and ran nine orphanages housing about 3,500 children throughout the country.

42. On 20 June Kenya imposed a ban on air transport to Somalia after the United States warned of a possible imminent terrorist attack on its embassy in Nairobi. Most aid agencies working in Somalia depend on United Nations and European Commission Humanitarian Aid Office (ECHO) flights to deliver assistance to Somalis. Appeals were made by the United Nations, the TNG and M,decins Sans FrontiSres. The ban was eventually lifted and operations of the United Nations Combined Air Service for Somalia (UNCAS) resumed on 8 July.

43. Humanitarian aid continues to be a challenge in Somalia. Security concerns continued to impede United Nations access to the south-central Baidoa region throughout 2003. Donor responsiveness has also been lagging: the United Nations Consolidated Appeal was only 23.4 per cent funded at the midyear point, and a further US$ 54.4 million were requested to fulfil requirements. Areas of particular concern included the education, health, water and sanitation, and economic recovery sectors.

IV. CIVIL SOCIETY

44. The expert is again heartened by the positive role played by civil society in monitoring and drawing attention to human rights concerns in the various regions, as well as its creative efforts in addressing them. He further commends the strides made in the professionalization of some of these organizations, as well as activities geared to consolidating networks of NGOs. In regard to the latter, he wishes to express his satisfaction at the Amnesty International human rights defenders forum held in February, which he attended and which produced an important declaration by participants of their commitment to promote and protect human rights. Hargeisa witnessed the largest-ever gathering of local NGOs, women's groups, professional associations, academic and research institutions, elders and religious leaders, and media, youth and human rights and civil society organizations who attended the Somali Civil Society Symposium in February, at which a document was endorsed concerning collaboration towards a common vision for Somalia.

45. The expert learnt of an order issued in March by "Puntland" authorities for the closure of the offices of several local human rights groups for having "violated their mandates and engaged in political activities and actions inimical to the interests of the people of Puntland". The expert was pleased subsequently to receive reports of the lifting of these closures and the convening of a "Bridging the Gap" workshop in Garowe in April 2003, which aimed to enhance cooperation and mutual understanding between the administration and civil society organizations.

46. The expert encourages building on the progress made, with a view to overcoming the significant difficulties faced by civil society in the Somali context, including limited resources and skills and restrictions imposed by authorities. The expert appeals for reinforced support for human rights defenders by all authorities as well as by donors and United Nations agencies.

V. REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)

47. It was reported that the first groups of refugees from the Kenyan camps of Dadaab and Kakuma began returning to Somalia in mid-May. An estimated 3,000 were due to be returned to Bosasso and Galkayo in "Puntland" and to Hargeisa in "Somaliland" through the voluntary repatriation programme assisted by the Office of the United Nations High Commissioner for Refugees (UNHCR). The repatriation of Somali refugees from Ethiopia and Djibouti to northern Somalia is expected to be largely completed by December 2004. This would involve the repatriation of 25,000 refugees from Ethiopia and 10,000 from Djibouti in 2003. Returnees are provided with assistance packages consisting of basic supplies, while each family also received a transport allowance of $50 for their onward trip and a nine-month food ration from the World Food Programme (WFP). They are also assisted to reintegrate into their communities through various development programmes.

48. According to the Global IDP Database of the Norwegian Refugee Council of 20 June 2003, "About 350,000 persons are internally displaced, about 5 per cent of the Somali population. Most displaced are from southern minority groups and continue to suffer political and economic discrimination. In the peri-urban areas where they flee to, they receive little or no assistance and most survive through casual work and begging. Income is barely sufficient for one meal a day. Most displaced lack clan protection and social support, and de facto authorities throughout Somalia do not protect the displaced and often divert humanitarian assistance.. International protection instruments such as the United Nations Guiding Principles for IDPs prove difficult to implement and enforce in the prevailing context of state collapse. These conditions also mean that IDPs are often not afforded protection by local or de facto authorities, in the absence of a functioning legal system" (pp. 6-7).

49. The report goes on to note that, "Most IDPs come from minority groups. and have suffered a long history of discrimination, land dispossession and forced displacement. While protection, access to resources and political participation are granted through clan affiliation, displaced minorities, politically less organized, have been particularly exposed to serious human rights abuses.. Particularly vulnerable are women and children who constitute three fourths of IDPs. Displaced women suffer both gender and ethnic discrimination which reinforce political marginalization, lack of access to land - traditionally requiring the intermediary of a male kin - and lack of access to humanitarian assistance (UNCU, 30 July 2002)" (p. 7).

50. It is reported that on 9 July the Buulo Elay IDP camp east of Bosasso caught fire, causing the deaths of five persons and making 1,200 homeless. At the end of July, a second fire was also reported in the same camp. UNICEF and WFP had responded with assistance.

51. There is no single agency with a mandate to work on IDPs. However, efforts have been made to cater for their needs through other programmes. At the end of 2002 the United Nations launched the Joint Action and Recovery Plan for Somalia which seeks to find sustainable solutions for the reintegration and resettlement of IDPs.

VI. FIELD VISITS

A. Visit to "Somaliland"

52. The independent expert visited Hargeisa, "Somaliland", on 26 and 27 August. "Somaliland" continued to be an area of calm over the last year and to provide an environment for the construction of houses and schools, as well as the expansion of business. The region further consolidated its claim to independence from the rest of Somalia, holding "presidential" elections on 14 April and reiterating its position that it would not participate in the Somali National Reconciliation Conference. The regions of Sool and Sanaag, however, remained "contested areas" between "Somaliland" and "Puntland".

53. On 26 August the expert met with local NGOs. They raised the issues of ongoing stigmatization of minorities and the lack of progress on past human rights abuses. Particular attention was drawn to the need to respect women's rights, as well as to ensure the effective political participation of women. It was asserted that while there had been progress in general on the observance of human rights, there remained a need for capacity-building of NGOs.

54. The expert also met with members of the United Nations Country Team. Participants expressed serious concern about obstacles to their effective cooperation with authorities, and in particular drew attention to a recent presidential decree announcing restrictive procedures for the operation of international organizations in "Somaliland". They suggested that such restrictions would likely impact negatively on the implementation of programmes and subsequent funding of humanitarian assistance. It was noted that success had been registered with the UNDP Rule of Law and Security (ROLS) project as communication had been maintained with the community, civil society and ministries. In terms of human rights issues, the question of resources for social services and infrastructure was stressed, as was the situation of IDPs.

55. The mission met with the Minister for Foreign Affairs, Ms. Edna Adan. She asserted that human and material resources remained limited, and that the situation was further aggravated by large numbers of returnees, estimated at some 600,000 over the previous few months, which contributed to unemployment. She identified the three main concerns facing the region as the excessive consumption of the mild narcotic khat, low levels of educational opportunity, and difficulties in food production and animal husbandry.

56. The expert had a meeting with the Minister of the Interior, who expressed the opinion that the non-recognition of the independence of "Somaliland" was having a negative effect on the observance of human rights, as it limited the assistance they received. He stated that there was need for resources to provide an adequate salary for police officers, who now received $25-$30 per month. In addition, while the ROLS project was proving helpful, more training was needed, as well as communications equipment and transport. Following this meeting, the expert attended and addressed the graduation ceremony for regional commanders who had participated in a ROLS human rights training workshop.

57. In the expert's discussions with the Minister for Livestock, it was stressed that a major impediment to production lay in the absence of appropriate infrastructure. The Minister further urged that the international community consult with the local authorities and community before designing and implementing projects to address the livestock situation.

58. The Minister of Justice, in his meeting with the mission, expressed the desire for the Office of the High Commissioner for Human Rights to be represented in "Somaliland". He also said that it would be useful to have specialist human rights training to raise awareness in the region.

59. The expert visited the IDP camp called "New Hargeisa", which housed an estimated 300 families. Part of the camp had recently burnt, causing the death of one old woman and two children. The expert was told that most inhabitants earned a living through begging. At the time of the visit, women and children were visibly in the majority, and there was no apparent security.

60. The expert visited the central Hargeisa prison. In his estimation the conditions had deteriorated since the 2002 mission. As there were no sanitation facilities, the grounds were used as the repository for sewerage, and in the absence of uniforms it was not possible to distinguish between guards and prisoners.

61. The expert undertook a tour of the main police station. Several young people, seemingly teenagers, both male and female, had been detained for fighting. The expert was also pleased to visit a new police station currently under construction as part of the ROLS project. It will provide more ample quarters for the police and detainees as well as a department for cases concerning women, the latter in response to an earlier recommendation of the expert.

62. In his meeting with the Chairman of the Mass Graves Committee, the expert learned that little progress had been made regarding further fieldwork, owing to a lack of material and human resources. The main ongoing activity was the recording and summarizing of testimony on alleged massive human rights violations. The expert expressed regret that the process had taken so long and noted that this had implications for the development of dependable data. He advised the Chairman to also consider publicizing existing information through the establishment of a web site.

63. The expert met with the "President" of "Somaliland", Dahir Riyale Kahin. He expressed the opinion that the central prison conditions were irreparably subhuman and that it needed to be demolished and rebuilt. The "President" responded that he would himself visit the prison and look into the situation, including identifying a new location. The expert noted that a law for the establishment of an independent national human rights commission had been drafted, and commended the participatory process involved in its preparation. The "President" expressed his approval and indicated his future support for it when it was submitted for approval. The establishment of the commission had been suggested by the expert during earlier missions.

64. The expert raised his concern over the presidential decree and its implications for the morale and functioning of the United Nations staff in "Somaliland". The "President" stressed that the decree was based on a previous presidential document and sought to ensure that the "President" was fully aware of the international community's activities in "Somaliland". He said that he would nevertheless examine the matter more closely. On the issue of economic diversification, the "President" said that, given the current restrictions on livestock production, the region lacked the necessary "know-how" to develop alternative income-generating activities. The Minister for Foreign Affairs, also present at the meeting, hoped to encourage international investment to introduce the required expertise; in this respect the legal framework was already in place.

B. Visit to "Puntland"

65. The expert visited Bosasso, the commercial centre of "Puntland", from 28 to 30 August. He remarked on the relative calm which prevailed in the area, compared to the situation during last year's visit in the aftermath of conflict surrounding a dispute over the presidency. A peace agreement between the warring parties had been signed on 17 May. It was evident that there was now freer movement in the streets and more commercial activity.

66. The expert met with the Minister of Commerce, then serving as the "Acting Governor" of Bosasso. The Minister said that all political prisoners had been released and that the crime level was low. He expressed the need for rehabilitation of the police force, which was ongoing in collaboration with the UNDP, as well as for training, capacity-building, and the upgrading of facilities such as prisoner accommodation. He said that he had consulted with sheikhs, women's groups and others in the community on the problems posed by IDP camps, whose inhabitants were largely viewed as economic migrants who had brought with them bad habits such as drug abuse. It was decided to relocate the camps, estimated to house 2,800 families, and to provide land, electricity and water.

67. The Minister underlined his concern about large-scale illegal fishing off the "Puntland" coast. The coastline reportedly stretched for 1,633 kilometres and there were no coast guards. He asserted that the fishing vessels originated from Russia and the Far East and that it had not proved possible to conclude agreements with those parties since they sought agreements with all of Somalia and not just with "Puntland". The expert advised that the region should establish an arrangement similar to that for civil aviation, which would permit international recognition and protection of the coastline. He also encouraged the promotion of commercial investment for the development of the ports, with marketing based on a thorough assessment of port needs. The Minister noted that light industry now had a value of $22 million, with exports mainly to Kenya, and that a new investment law had been promulgated with a view to further development.

68. On the question of the contested areas of Sool and Sanaag, the Minister insisted that the international community must recognize the areas as belonging to "Puntland" based on ethnicity, and not on colonial demarcation.

69. The expert visited the Buulo Elay IDP camp where a fire in July had destroyed many of the dwellings. It was reported that the former inhabitants had dispersed and were now without assistance. One of the IDPs stated that many of the children were sick, there was inadequate food and water, and that the only school was without teachers.

70. The expert met with the police commander, who asserted that the main human rights issue was people dying in boats offshore, since the police, lacking transport and communications equipment, were not equipped to patrol.

71. The expert met with local NGOs. Attention was drawn to the impact of charcoal production and related environmental deterioration, and on food security in the Sool and Sanaag regions. The situation was reportedly exacerbated by drought. They also identified as significant the issue of "boat people", who lost their lives attempting to flee to neighbouring countries. Lack of participation by women in politics was also deemed problematic.

72. The expert toured the main prison, which housed 77 inmates. Sanitation and water supply appeared satisfactory. The need was, however, expressed for vocational, educational and medical assistance for the prisoners. The expert noted that one of the inmates was a 16-year-old girl, sentenced for one and a half years for adultery.

73. In his meeting with the UNCT in Bosasso, the expert was informed of the situation of IDPs. The key problem was identified as land allocation. UNDP reported progress in the implementation of the judiciary, law enforcement and mine action components of the ROLS project. WFP noted that it was undertaking a three-month human rights awareness programme through a local women's NGO which would involve 210 participants. UNICEF flagged HIV/AIDS as a potentially serious issue, which needed to be further substantiated with respect to statistics and addressed with sensitivity.

C. Visit to Kismayo

74. The expert visited Kismayo on 30 and 31 August, his first visit to the region. Kismayo is a port town situated on the southern coast and has been under the control of the Juba Valley Alliance (JVA) since June 1999 when the JVA, which supports the TNG, expelled the forces of General Morgan, a member of the opposition Somali Reconciliation and Restoration Council which brings together southern factions opposed to the TNG. The area has thus been beset by sporadic conflict of both inter-faction and inter-clan origin.

75. The expert met with the JVA District Commissioner, who claimed that Kismayo had been abandoned by the international community, now represented only by UNICEF, and that the decision had therefore been taken to try to be self-sufficient. He noted that the area lacked clean water, as well as adequate facilities, equipment and training. A district administration had been set up, including a local court, attorney-general and appeal court, but assistance was needed for the reproduction of the laws. He indicated that he was aware of the harmful environmental effects of the charcoal trade but that there was no market for the existing alternatives in agriculture and fishing. There was widespread looting of marine resources, but it was difficult to gather data or respond to violations since the administration did not possess any speedboats and looting ships were armed and without identifying flags.

76. The expert met with the Police Commander who stated that there were 215 officers and agents in Kismayo. The police officers were not paid and had not received training for the last 13 years. There were five police stations, but there were no transport or communications equipment, uniforms, typewriters, registers or stationery. The main charges among prisoners were asiwalid, theft and homicide. A decree two weeks earlier had ordered the disarming of militia, and 1,202 militiamen had been disarmed up to that time. The next steps would be to remove all roadblocks and to disarm militia in rural areas. The expert was taken on a tour of two disarmament camps, and he strongly commended this self-generated initiative towards greater peace in the region.

77. The expert visited the Kismayo court, where he spoke with the assembled judiciary. They informed him that they practised essentially Islamic law; while they also applied Somali law, they did not have copies of the laws and relied on memory. He also toured the nearby prison, which was in an old building with inmates in overcrowded rooms.

78. In his meeting with local NGOs, attention was again drawn to the need to equip police with uniforms and training. Activity mostly concentrated on education and health concerns, including the issues of sanitation and water supply. One NGO was working on rehabilitating the stadium. A women's group worked on income-generating opportunities for women, especially widows, which sought to engage them in chicken-plucking, crafts and other activity.

79. The expert was taken on a tour of the Kismayo port by port officials. They indicated that the charcoal trade was vital to its activities, and noted that two impediments to the expansion of activity were the presence of a ship allegedly loaded with ammunition which had sunk in the harbour and the need to dredge the harbour, which now had a depth of 8-10 metres compared with its former 18 metres. The expert also met two ship captains, one of them the captain of the sunken ship who said that all the ammunition had been removed before the sinking, except for one missile. They assured the expert that it would be possible for local divers to assess the situation in preparation for arranging for the safe removal of the missile and subsequently lifting the ship.

80. The expert visited IDP Camp Number 5 and the Koban Camp Village, where he noted that the structures were sturdier than other parts of Somalia, being constructed of mud rather than wooden sticks or plastic bags. There were no school or health services.

81. In his meeting with Muslim Aid, the only international NGO operating in Kismayo, he learned that the organization was UNICEF's largest partner in Kismayo and had been working most actively on well rehabilitation and a successful tuberculosis programme. The expert visited an orphanage run by Muslim Aid. It catered solely for boys, and undertook Islamic schooling, housing and feeding of the orphans.

The United Nations Security Coordinator

82. The expert met with the UNCT, consisting of UNICEF and (UNSECOORD). UNICEF noted that it had concentrated its efforts in the big towns and worked primarily in the areas of education and health. The five major schools were applying a new curriculum developed by UNICEF and the United Nations Educational, Scientific and Cultural Organization. Another major activity was a polio eradication programme.

83. The expert visited the main hospital, which was dilapidated, understaffed and underequipped. It was understood that the hospital administration had entered into discussions with UNDP to rehabilitate the premises.

84. On 1 September the expert met with the Juba Valley Alliance (JVA) Central Committee. The Chairman noted that there was once an independent radio and newspapers, but these had closed for technical reasons. He stressed that the JVA administration was inclusive and that the minority Bantu people were also included in the army. The Committee welcomed all assistance and had communicated this to the United Nations.

VII. PARTNERSHIPS FOR THE PROMOTION OF HUMAN RIGHTS IN SOMALIA

85. In his meeting with a representative of UNHCR, the expert was informed of ongoing programmes for the return and reintegration of refugees. The officer noted that returnee monitoring by UNHCR in 2002 had revealed that 83 per cent of returnees interviewed on key aspects of their physical, legal and material safety felt that despite the harsh and economically poor climate that awaited them at home, they considered themselves to be in a better position than in exile and were pleased to have returned. This positive judgement was largely built on feelings of increased dignity, ability to enjoy their rights and self-determination upon repatriation rather than the quality of basic services available or opportunities to make a living without support.

86. The expert met with representatives of UNICEF, who informed him that they were in the process of finalizing the study on child protection which was based on over 10,000 interviews conducted throughout the country.

87. In Nairobi, the expert met with the manager of the ROLS project. He noted that the project sought to implement the recommendations of the expert and consisted of five main elements:

(a) The judiciary - training, including human rights training, was ongoing in Hargeisa for 65 persons in the legal field over three months; a "legal clinic" project was also being implemented to assist vulnerable groups;
(b) Law enforcement - 250 cadets, including 30 women, were being trained in Mandera, "Somaliland", and a desk had been set up at police stations for women and children; 11 persons working in the area of prison administration were also being trained on the rights of prisoners; police training was also being planned in Kismayo, and to that end uniforms had recently been sent to the area;
(c) Human rights and gender - training, given by two United Nations Volunteers, would address human rights institutions and the training of parliamentarians;
(d) Disarmament and demobilization; (e) Mine action.

88. The expert had discussions with representatives of the Somali Aid Coordination Body. He learnt that the Gender and Human Rights Working Group currently being chaired by UNIFEM was facing challenges in addressing human rights issues in the absence of a representative of the Office of the High Commissioner for Human Rights.

89. The mission met with a representative of USAID who informed them that the current, 2001-2003 programme was to be extended for another year, but that development funding for Somalia was due to be halved for 2004. the United States was currently working through WFP, international NGOs and others to implement projects on "food for peace", support to NGOs, education and health care.

90. The expert briefed the Protection and Human Rights Steering Committee. Members of the group also expressed their strong support for a OHCHR presence on UNCT in order to address aspects of human rights outside the mandate of the agencies already represented.

91. In his meeting with representatives of UNIFEM, the expert learned of the organization's challenges in mobilizing resources for advocates of women's human rights in Somalia, owing to the fact that most resources available were earmarked for humanitarian activities.

92. The expert met with the United Nations Resident Representative, who noted that in addressing human rights the following staff would be involved:

(a) Staff involved in the ROLS project, who would be directly employed and supported by UNDP;
(b) A human rights coordinator working largely with OCHA and the United Nations Coordination Unit to develop and implement a coherent UNCT approach to human rights issues in Somalia;
(c) A OHCHR representative who would focus on specialist areas of human rights, notably including human rights advocacy as well as documenting human rights violations and activities.

93. The expert met with representatives of NOVIB (Oxfam-Netherlands). Reference was made to the positive impact of civil society organizations at the Somali National Reconciliation Conference and to the growing coalescence of groups around particular human rights-related issues such as peace. The NOVIB representatives asserted that international lobbying and support, as well as cooperation with the Somali diaspora and international NGOs, would be key elements in achieving progress in the promotion and protection of human rights.

94. On 3 September, the expert convened a meeting with participants attending the Somali National Reconciliation Conference in Mbagathi, Kenya. Among them were representatives of the TNG and various regional authorities, faction leaders, civil society and women's groups and minority groups. He briefed the gathering on his visit to Somalia and urged participants to consider human rights in their deliberations at the Conference. An interactive session followed at which a number of human rights issues were raised, including piracy along the Somali coast, minority issues and refugees.

95. As reported in the United Nations Mid-Year Consolidated Appeal, the UNCT identified "protection and human rights" as one of the four key priority themes for its work in 2003. A United Nations theme group on protection and human rights was established with the aim of strengthening interventions and activities in these fields, in particular with regard to awareness raising, advocacy, and monitoring and programmatic interventions to strengthen the protective environment for vulnerable and marginalized groups throughout Somalia. A strategy for addressing these issues was drafted and an action plan adopted by all agencies with a view to fulfilling these goals. The Somalia Aid Coordination Body also established a Working Group on Rule of Law and Protection, which aims to strengthen coordination and collaboration among international and local partners in these fields.

96. OHCHR's first technical cooperation project in Somalia was initiated in October 1999. From April 2001 to February 2003 OHCHR implemented another project involving the secondment of a OHCHR Senior Human Rights Adviser to UNDP responsible for mainstreaming human rights in the work of the United Nations agencies in Somalia and providing technical advice on the implementation of the UNDP Somali Civil Protection Programme. OHCHR thereafter undertook consultations with stakeholders with a view to devising a new approach to its programming in the country and will be implementing a project towards that end, beginning in late 2003.

VIII. CONCLUSIONS AND RECOMMENDATIONS

97. The expert was on this occasion made more keenly aware of the fundamental factors impacting on the observance of economic, social and cultural rights, as well as their interaction with civil and political rights and the wider issues of peace in Somalia. The questions of coastline protection, economic diversification and resources for the operationalization of human rights objectives were among the main concerns brought more strongly to the fore.

98. The expert takes note that significant steps are being made in the political processes which would underpin progress on all aspects of human rights.

99. On the question of IDPs, the expert is heartened that the United Nations Country Team has remained involved in the issue.

100. The expert is pleased with the strides made by local civil society both with respect to their networking and information exchange, as registered at several events in 2003, but also to their apparent sophistication in terms of monitoring and reporting of human rights violations. The expert was especially impressed by women's organizations catering for widows and other special needs groups. He furthermore recognizes that support to such organizations would serve to amplify their impact and would reap considerable dividends for the promotion and protection of human rights throughout Somalia in the medium to long term.

101. The expert therefore makes the following recommendations. The expert:

(a) Requests the responsible United Nations bodies urgently to study the possibility of establishing an independent organization for the protection of the endangered Somali coastline;
(b) Recommends that the international community give greater consideration to development activity that would support advances made on rule of law and related fronts;
(c) Calls on the participants at the Somali National Reconciliation Conference to ensure that human rights safeguards and principles are included in all their deliberations and documentation;
(d) Calls on the Secretary-General and the Security Council to establish a committee of independent experts to examine allegations of past massive human rights violations and crimes against humanity committed in Somalia, and to report on options for how these might be addressed;
(e) Urges the international community to accompany the peace processes, with a view to ensuring that human rights are thoroughly integrated in the institutions and frameworks which are being forged;
(f) Encourages continued comprehensive multi-agency efforts to cater for both the short-term needs of IDPs as well as longer-term solutions to the problem of integration, including the provision of social services to cater for their humane absorption into society;
(g) Calls upon all Somali local authorities to pay serious attention to the protection of children and to coordinate with UNICEF and all other international NGOs to achieve the goal of a better life for the children of Somalia;
(h) Recommends that the international community and local authorities render every assistance to civil society in fulfilling its role with respect to the protection and promotion of human rights in Somalia;
(i) Calls upon all Somali local authorities to provide full protection and support for international humanitarian aid personnel operating in Somalia;
(j) With respect specifically to activity of the Office of the High Commissioner for Human Rights, the expert recommends the establishment of an office based in Hargeisa, "Somaliland", having close operational links with trained partner umbrella women's organizations in "Somaliland", "Puntland", Kismayo and Mogadishu. The OHCHR international representative would coordinate his/her work with the activities being undertaken under the UNDP ROLS project and undertake the documenting of human rights violations and activities. Human rights advocacy would also be included in the project mandate as an indispensable element for building a human rights culture. He also advises collaboration with civil society groups taking part in the Somali National Reconciliation Conference, with a view to ensuring that they are effectively represented at the meeting.