RES/7/35 Assistance to Somalia in the field of human rights

Human Rights Council

Resolution 7/35. Assistance to Somalia in the field of human rights

The Human Rights Council,

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

Human Rights, the African Charter on Human and Peoples’ Rights and the relevant

human rights instruments,

Recalling all the previous resolutions of the Commission on Human Rights,

the last of which was resolution 2005/83 of 21 April 2005,

Welcoming the commitment and efforts undertaken by the African Union to

support Somali-led efforts towards reconciliation and stability and the efforts made by

international and regional stakeholders to help Somalia re-establish stability, peace

and security in its national territory,

Welcoming also the Declaration on the situation in Somalia, adopted by the

Heads of State and Government of the African Union during the tenth ordinary

session of the Assembly of the African Union, held in Addis Ababa from 31 January

to 2 February 2008,

Emphasizing that the above-mentioned declaration, adopted by the Assembly

of the African Union, stressed the need for the deployment of a United Nations

peacekeeping operation in Somalia that would take over from the African Union

Mission to Somalia and support the long-term stabilization and post-conflict

reconstruction of the country,

Reiterating that humanitarian, human rights and development assistance is of

paramount importance to alleviate poverty and to promote a more peaceful, equitable

and democratic society in Somalia,

Welcoming the steps taken within Somalia, including the convening of the

National Reconciliation Congress, in July and August 2007, the recent appointment of

a new Prime Minister, Nur Hassan Hussein, and the subsequent formation of a new

Government, as well as the efforts made by the African Union, notably through the

deployment of the African Union Mission in Somalia,

Reiterating that, despite the daunting challenges confronting the peace and

reconciliation process, the opportunity that arose in December 2006, when the

Transitional Federal Government regained control of Mogadishu and other parts of

the country in order to find a lasting solution to the crisis in Somalia, still exists,

Stressing the need for both the Somali stakeholders and the international

community as a whole to seize this opportunity to address decisively the conflict in

Somalia and to take all steps required to this end,

Seriously concerned about the human rights and humanitarian situation in

Somalia,

Noting with concern that the security situation remains fragile throughout the

country,

Emphasizing that efforts to combat terrorism in Somalia must respect

international law, including human rights and fundamental freedoms, which are

inseparable from the establishment of peace in Somalia,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15

March 2006,

Recalling Council resolutions 5/1 on institution-building of the United Nations

Human Rights Council and 5/2 on the Code of Conduct for Special Procedures

Mandate-holders of the Human Rights Council, of 18 June 2007, and stressing that the

mandate-holder shall discharge his/her duties in accordance with those resolutions and

the annexes thereto,

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

situation in Somalia, and calls for an immediate end to all ongoing violations;

2. Demands that all parties in Somalia reject and stop all acts of violence,

abstain from engaging in hostilities, prevent any act likely to increase tension and

security and fully respect their obligations under international human rights law and

international humanitarian law;

3. Urges all parties in Somalia to uphold the principles and spirit

enshrined in the Transitional Federal Charter and to work towards genuine national

reconciliation within that framework, including by holding fair, national multiparty

elections in 2009, as envisaged by the Charter;

4. Calls upon the international community to stand by the legitimate

Somali institutions and to provide adequate and concrete support in order to enhance

their capacity, including that of the Transitional Federal Government, as part of an

integrated approach that encompasses political, security and programmatic

dimensions;

5. Appeals to the partners of the African Union to provide increased

logistical and financial support for the African Union Mission in Somalia, especially

in view of the fact that the African Union, in deploying an operation in Somalia, is

also acting on behalf of the international community at large;

6. Urges the international community to provide, as a matter of urgency,

development assistance to Somalia, so as to effectively contribute to the

reconstruction of Somalia, the rebuilding of its institutions and technical assistance in

the field of human rights;

7. Also urges the international community to provide humanitarian

assistance to the needy population and to ensure that all necessary steps are taken to

create conditions conducive to the provision of humanitarian assistance, including

unhindered access to the needy population and security for humanitarian workers and

organizations;

8. Acknowledges the work undertaken by the independent expert on the

situation of human rights in Somalia, including his report to the current session

(A/HRC/7/26);

9. Decides to renew the mandate of the independent expert for a period of

one year, with a view to maximizing the provision and the flow of technical assistance

to Somalia in the field of human rights, and requests him/her to submit a report to the

Council at its sessions in September 2008 and March 2009;

10. Requests the Secretary-General to provide the independent expert with

all necessary human, technical and financial assistance in carrying out his/her

mandate;

11. Requests the Office of the United Nations High Commissioner for

Human Rights to strengthen its presence in Somalia with a view to providing

technical assistance and advisory services to the relevant Somali institutions;

12. Invites relevant United Nations bodies and agencies to provide support

and technical assistance to Somalia in the field of human rights.

42nd meeting 28 March 2008

Adopted without a vote.