Geneva, 12 June 2007

Thank-you Mister Chairperson. Your Excellencies, Ladies and Gentlemen,

Good afternoon,

I last briefed this Council in September 2006 following my annual mission to Kenya and Somalia. At that time, the situation was bad, but I must say that almost nine months later, the situation of human rights in Somalia appears to be much worse. The very precarious security situation there has prevented me from undertaking my planned annual mission. Today, I wish to provide you with an update of key events - and to the extent possible - of the human rights situation in Somalia. Security permitting, it is my intention to travel to Somalia in August/September of this year.

As you will recall, in June 2006 after weeks of fierce fighting resulting in scores of civilian injuries and deaths, militia loyal to the Islamic Courts Union (ICU) gained control of both Mogadishu and Jowhar and subsequently consolidated their control over much of south and central Somalia. Following months of high tension, troop-build-ups and the failed “ Khartoum” peace talks between the Islamist Courts Union (ICU) and the TFG (Transitional Federal Government), conflict eventually broke out between them in late December 2006.

By early January 2007, TFG forces backed by Ethiopian troops dislodged the ICU from south and central Somalia and took control of the capital city of Mogadishu and most of south and central Somalia. The two-week military campaign was very swift and there were reports of violations of human rights and breaches of international humanitarian law. However, ICU supporters and Somali clan militias continuously challenged the authority of the TFG to govern and the presence of Ethiopian troops in Somalia and deadly clashes between them regularly took place.

In February 2007, in an attempt to assist in the stabilisation in south and central Somalia and in support of the TFG, the United Nations Security Council (through resolution 1744) authorized the deployment of an African Union force (AMISOM) for a six-month operation leading to a possible UN mission. Since March 2007, about 1,700 Ugandan troops out of a planned multi-national force of 8,000 have been deployed to Mogadishu with the intention of eventually replacing the Ethiopian troops.

The better part of this year has seen recurrent clashes between the TFG/Somali forces, Ethiopian troops and insurgents/clan militias. Various government buildings, military installations and public figures have been targeted. Two very heavy rounds of fierce fighting took place in Mogadishu between March and April 2007 causing high numbers of fatalities and casualties and massive internal displacement. Once again, there were reports of serious violations of human rights and international humanitarian law. Periodic clashes, suicide car bombs and assassination attempts continue to take place in Somalia.

I also wish to remind you that further to a United Nations Technical Assessment Mission, on 24 April, the Security Council has authorized the beginning of contingency planning for a possible UN mission.

Finally, I must add that there has been very little information available about the current human rights situation and any violations which might have taken place during the several months of recurrent fighting. In a country like Somalia, independent and corroborated information is severely hampered by the limited access to the country owing to the security situation. While local Somali actors and NGOs have been able to provide some information, there remain gaps in the reporting on human rights issues.

Let me now present some key human rights issues in the south and central regions of Somalia:

Protection of Civilians

In the several fierce battles which took place in Mogadishu between December 2006 and April 2007, there were widespread reports of indiscriminate artillery fire, shelling and car bombs in civilian areas and that non-military targets, such as hospitals and schools had been hit during the fighting. It was also reported that the wounded were prevented from fleeing or from receiving humanitarian assistance and protection and that urgent deliveries of food aid and other humanitarian assistance were hampered or blocked.

While there is no independent and official account, it is estimated that thousands of people were killed or injured in the period between December 2006 and April 2007. The International Committee of the Red Cross reported that at one of their hospitals, sixty per cent of the dead and wounded were the elderly, women and children.

In response to these reports, on 27 April 2007, eleven other mandate-holders and I issued a joint-statement calling for a cease-fire and respect for international humanitarian law in times of conflict and human rights at all times.

Internally displaced persons

The United Nations estimates that close to 400,000 people fled Mogadishu between February and May of this year due to the fighting. It must be noted that this figure is in addition to the more than 400,000 internally displaced persons already scattered around Somalia. Many of the displaced went to outlying areas near Mogadishu, Lower and Middle Shabelle, as well as “ Somaliland” and “Puntland.” Internally displaced persons were subject to threats, intimidation, looting, assault and rape. Due to a lack of humanitarian access, thousands of IDPs went without any form of assistance for weeks, living in the open and often forced to pay a “shade tax” to shelter from the sun and the coming rainy season. Many were and are forced to live in crowded camps where there is a lack of water, food, sanitation, basic health services and shelter and where there exist infectious diseases, like cholera.

It has been reported that several thousand IDPs have returned to Mogadishu, since the middle of May. There are, however, reports that some returnees have been prevented from returning to their homes and that some are facing discrimination, confiscation of property, lack of compensation or forced relocation. There is also an ongoing issue whereby the government has been forcibly evicting IDPs from public buildings in Mogadishu and Kismayo without offering acceptable alternatives.

The National Reconciliation Congress

I would like to say a few words about the National Reconciliation Congress which is scheduled to start in two days, on 14 June. I understand that the Congress will be held in Mogadishu and that some 1325 delegates from within the country and the Somali Diaspora are expected to attend, on the basis of the 4.5 clan power-sharing formula. The Government has established a National Governance and Reconciliation Committee to organize and manage the Congress. An International Advisory Committee comprised of the United Nations and members of the international community, has been established to assist the Somali Committee in providing political, technical and financial support to the National Reconciliation Congress.

I have stated on several occasions that sustainable peace in Somalia can only be attained through an inclusive dialogue leading to a political solution and national reconciliation. I must also underscore that the National Reconciliation Congress should be seen a positive first step within the broader framework of a reconciliation process for Somalia. At this Congress, Somalis can hold a public and inclusive discussion about transitional justice and reconciliation and future processes. I appeal to all participants to uphold the “right to truth” on behalf of all victims and to work to ensure that Somalia’s peace will not be built on impunity.

***

Apart from the horrendous fighting in Mogadishu and the threats to civilians, the human rights situation in the south and central regions continued to be generally characterized by insecurity, extrajudicial killings, arbitrary arrests and detention, threats to press freedoms, violations of the human rights of women, children and minorities and infringements on economic, social and cultural rights. I will highlight just a few of these issues here.

Human rights defenders

Widespread harassment sometimes culminating in targeted killings of human rights defenders, journalists, humanitarian aid workers and public figures also continued. One human rights defender who was personally known to me was Mr Isse Abdi Isse, the chairperson of the KISIMA NGO based in Kismayo. Mr Isse was killed in Mogadishu on 14 March and his murder starkly highlights the absence of human rights protection mechanisms for human rights defenders as well as other civilians, and the atmosphere of impunity in which Somalis live. At the time, I sued a statement urging Somali authorities to investigate this case and all such cases in order to bring the perpetrators to justice. I wish to once again strongly condemn Isse’s killing and all attacks on human rights defenders and journalists in Somalia.

Sexual and Gender-based Violence

Sexual violence has always been of concern in Somalia due to the ongoing conflicts, the lack of a justice system and the limited law and order, and the huge IDP population in camps. What is also clear is that the violence of the past months and the deteriorating security situation are having further detrimental consequences for the protection of women and girls. According to reports from Kismayo and Mogadishu, IDP women and girls, particularly those belonging to minority groups, are increasingly becoming the targets of sexual violence by youth gangs. The lack of security in and around IDP settlements, the re-emergence of armed groups and freelance militias and the new large population of military troops have contributed to the increase of incidents and to the atmosphere of utter impunity in which they occur.

Children

According to UNICEF, children featured prominently in recent fighting as active combatants – “child recruits” which I find completely unacceptable. All parties must immediately release from their ranks (or from detention centres where they might currently be held) all children associated with armed forces or groups. In this regard, I welcome the recent report about Somali children in armed conflict submitted to the Security Council, pursuant to its resolution 1612.

The recent fighting has also severely affected school enrolment. Most Somali children have no chance at accessing formal education and the conflicts of the past months have only exacerbated this situation. As is far too often the case, young girls in Somalia were and are even more disadvantaged in accessing what little education there is available.

Economic Social and Cultural Rights

I must add that in the realm of economic, social and cultural rights, the situation is still gravely concerning. As I have reiterated on several occasions, the waters off the extensive unmonitored Somali coast are rife with human rights abuses. Unfettered fishing and environmental degradation by foreign vessels continues. Piracy – which often hampers much-needed humanitarian assistance – also appears to be increasing.

In addition, exploitation and deaths of the desperate “boat people” fleeing Somalia to Yemen are a serious concern. Each year, human traffickers or smugglers take thousands of “boat people” on overloaded and dangerous ships to Yemen. Many are viciously beaten or drown in their attempt to reach a better life.

Tomorrow between 13:00 and 15:00 in room XXV, I will be chairing a panel discussion on the situation of human rights in Somalia. We will be discussing many of the issues that I’ve raised today in this parallel event, entitled “Hope for Somalia?” One of the panellists is a filmmaker, named Daniel Grandclement, who last year filmed one such harrowing crossing of the Gulf of Aden between Bossaso (in “Puntland”) and Yemen. I invite you all to this panel where an excerpt of his film, “Journey through Hell” will be screened and then discussion on this and the many of the human rights issues in Somalia will take place.

***

While very serious, let us not allow the situation in south and central Somalia to keep us from considering the human rights situation in “Puntland” and “ Somaliland.” When I last reported to you, there appeared to be progress in respect of the border dispute between “Somaliland” and “Puntland” in the regions of Eastern Sool and Sanaag. However, on 9 April, clashes erupted between “Puntland” and “Somaliland” forces over the village of Dhahar. The incident, which resulted in one death, was the first of its kind this year and raised tensions over the disputed territories which had been dormant for sometime. It is my hope that this was an errant incident and that both sides will refrain from further hostilities or provocative acts.

The situation in “Somaliland” was comparatively peaceful in stark contrast to south and central Somalia. Following the first-ever parliamentary elections in 2005, “ Somaliland” continued to make incremental progress on public administration and governance. Authorities continued to undertake modest infrastructure projects and NGOs carried on with their local human rights work, albeit with little or no resources. However, in “ Somaliland,” I continue to be concerned about police brutality, arbitrary arrests of journalists and human rights defenders, reports of impunity and so-called security committees which continue to exercise judicial responsibilities by issuing sentences without granting the accused basic fair trial guarantees. During past missions to “Somaliland”, I have been impressed with UNDP’s Rule of Law project and I understand that they are expanding this project to other parts of Somalia.

In “Puntland” the issues of coastline protection, the living conditions in and the need for humanitarian assistance to IDP camps, sexual and gender-based violence, harassment of the media, and the lack of rule of law and an effective justice system continue to be problematic. I also urge the authorities to take action against the human traffickers and smugglers who are responsible for such misery and human rights abuses against the “boat people” which I mentioned earlier.

***

I strongly urge the international community to support Somali leaders and civil society in the critical human rights work that   must occur if peace and security are to prevail in Somalia. Where necessary, I urge the international community to support Somali authorities to address violations to the human rights of Somalis and bring these abuses against the Somali people to a halt.

Further, as I have always advocated, technical and financial support to strengthen civil society, establish independent national institutions, protect internally displaced persons, establish and uphold the rule of law, protect women, children and vulnerable groups and protect economic, social and cultural rights are fundamental to assisting Somalis in re-establishing their country in the medium to long-term.

Let me end by making a few specific (short-term) recommendations relating to recent developments:

i) The United Nations should encourage greater support to the Transitional Federal Institutions (TFIs) and must press the TFIs to provide protection to the Somali population and to implement the human rights principles contained in the Transitional Federal Charter;

ii) The United Nations and the Somali authorities must increase their efforts to address the immediate human needs and protect the human rights of the hundreds and thousands of IDPs scattered across Somalia;

iii) As noted earlier, there has been very little information available or updates about the current human rights situation and any violations which might have taken place during the several months of recurrent fighting. The United Nations and the international community should work with TFG officials to address this issue, possibly through an inquiry or investigation of some kind;

iv) The international community should support the planned Somali Reconciliation Congress bearing in mind that the 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; and,

v) In the event that a UN mission is authorized for Somalia, such an operation must include a human rights component conducting monitoring, investigating as well as capacity development and awareness-raising, and the mission should have a strong mandate for the protection of civilians.

I thank you.

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