SOMALIA

In the context of the UPR, Amnesty International has made the following recommendations to Somalia

Protection of civilians
•    To publicly order its security forces, and all militia and forces affiliated to it, not to commit unlawful attacks, including those targeting civilians, those which do not attempt to distinguish between military targets and civilians or civilian objects, and those which, although aimed at a legitimate military target, have a disproportionate impact on civilians or civilian objects;
•    To seek international assistance to ensure that all TFG security forces, including troop commanders, are rigorously trained with operational rules to carry out their duties in conformity with international human rights and humanitarian law principles and international best practice standards;
•    To establish effective and impartial vetting procedures to ensure that TFG armed forces and police do not include persons under the age of 18.
•    To immediately publish the results of its investigation, announced on 15 June 2010, into allegations of the use of child soldiers by TFG security forces, and ensure that anyone within the TFG forces found responsible for recruiting and using child soldiers is held to account.

Humanitarian aid
•    To allow safe, timely, unconditional and unimpeded access by aid agencies to all internally displaced persons and civilians in need of assistance in areas under its control in Somalia.

Impunity
•    To support the establishment of an independent and impartial Commission of Inquiry, or similar mechanism, to investigate and map violations of international human rights and humanitarian law committed in the conflict of Somalia, as part of its commitment to address justice and reconciliation under the 2008 Djibouti Peace Agreement;
•    To immediately suspend from duty any member of its security forces reasonably suspected of serious violations of international and human rights law, pending independent and effective investigations;
•    To ensure prompt, independent and impartial investigation into all serious violations of international humanitarian and human rights law, including unlawful killings, torture and other ill-treatment and unlawful attacks, and to bring those responsible to justice in fair trials without application of the death penalty.

Attacks against and deliberate killings of civil society actors and journalists

•    To ensure that prompt, effective and impartial investigations are carried out into the killings of all Somali civil society actors and journalists, and to investigate all threats of violence against them;
•    To respect and protect freedom of expression and to end all practices that threaten the right to freedom of expression, including threats against journalists and media outlets by the TFG authorities and armed groups associated with the government.

The death penalty
•    To immediately establish a moratorium on executions with a view to abolishing the death penalty as provided by UN General Assembly resolution 62/149, adopted on 18 December 2007, resolution 63/168, adopted on 18 December 2008, and resolution 65/206, adopted on 21 December 2010;
•    To commute without delay all death sentences to terms of imprisonment;
•    To entrench in the new draft Constitution the abolition of the death penalty;
•    To immediately restrict the imposition of the death penalty to only the most serious crimes;
•    To ensure rigorous compliance in all death penalty cases with international standards for fair trial, including the rights to be tried before an independent, impartial and competent tribunal, to competent defence counsel at every stage of the proceedings, to adequate time and facilities to prepare one’s defence, to the presumption of innocence until guilt has been proved beyond reasonable doubt, to appeal to a higher court, and to seek pardon and commutation of sentence.

Ratification of international human rights instruments

•    To accede to and implement under national law the Rome Statute of the International Criminal Court and the Agreement on the Privileges and Immunities of the International Criminal Court, and to sign, ratify and implement without delay the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict, and the International Convention for the Protection of All Persons from Enforced Disappearance.


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Somalia: Amnesty International's submission to the UN Universal Periodic Review

Other Amnesty International documents on Somalia




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