Assistance to Somalia in the field of human rights

1994/60. Assistance to Somalia in the field of human rights

The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and other relevant human rights instruments, Aware of the prevailing tragic circumstances in Somalia, particularly the loss of life and the breakdown of governmental authority which has resulted in the need for special measures to promote and protect human rights, Recalling Security Council resolution 897 (1994) of 4 February 1994, as well as related Security Council resolutions and actions, General Assembly resolution 48/146 of 20 December 1993 and Commission on Human Rights resolution 1993/86 of 10 March 1993, Commending the ongoing efforts in Somalia of the United Nations, its specialized agencies, the organization of African Unity, humanitarian organizations and non-governmental organizations, as well as those of Governments, Recognizing the role of African and other regional organizations, especially the Intergovernmental Authority on Drought and Development, and also the palpable efforts of the Organization of the Islamic Conference and the Arab League, in the settlement of the conflict in Somalia, Recognizing also the negative impact the current situation is having on neighbouring countries, in particular through refugee outflows, Noting that disarmament of the parties to the conflict is an important element in improving the human rights situation, Deploring continued attacks against United Nations personnel and personnel of other humanitarian organizations and non-governmental organizations in Somalia, sometimes resulting in serious injury or death, Recalling that, in the Vienna Declaration and Programme of Action (A/CONF.157/23, part II, para. 82), the World Conference on Human Rights urged that the advisory services and technical assistance programmes of the United Nations system should be able to respond immediately to requests from States for educational and training activities in the field of human rights, as well as for special education concerning standards as contained in international human rights instruments and in humanitarian law and their application to special groups such as military forces, law enforcement personnel, police and the health profession, Recognizing that the people of Somalia have the principal responsibility for their national reconciliation process and that they are the ones to decide freely on their political, economic and social systems, Recognizing also the right of the Somali people to take part in the governance of their country directly or through freely chosen representatives, including the right of equal access to public service, Emphasizing the importance to that process of developing the Somali police, judicial and penal systems, as well as other institutions for the promotion and protection of human rights, and welcoming the efforts to date by the United Nations Operation in Somalia II in that regard, Welcoming the establishment of the human rights unit within the United Nations Operation in Somalia II, Noting the report of the independent expert (E/CN.4/1994/77 and Add.1), Noting in particular that the development of a long-term programme of advisory services as envisaged in the mandate of the independent expert must depend on the final resolution of the political disputes amongst the Somali factions,

1. Urges all parties to the conflict in Somalia to work towards the full implementation of the Addis Ababa agreement of 27 March 1993;

2. Also urges all Somalis to work together towards peace and security in Somalia and to guarantee the protection of all human rights and fundamental freedoms for all Somalis;

3. Calls upon all parties in Somalia to respect international humanitarian law and human rights and criminal justice standards and to protect civilians, United Nations personnel and humanitarian relief workers from injury and death, and reaffirms the applicability of those human rights standards for all parties in Somalia;

4. Reaffirms the need to protect the Somali people against any violations of their human rights by any person or persons and takes note of the recommendation of the independent expert that the human rights unit of the United Nations Operation in Somalia II be strengthened and expanded to be able to deal effectively with any alleged violations of human rights and that the unit be enabled to provide assistance to any Somali, non-governmental human rights organization throughout the country;

5. Urges the human rights unit to report regularly on its activities and that such reports be made publicly available;

6. Also urges the human rights unit to continue to pay particular attention to the provision of assistance with regard to strengthening the police, judicial and prison systems in Somalia, in a manner consistent with internationally accepted criminal justice standards, including the Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

7. Requests the Secretary-General to extend for 12 months the mandate of the independent expert to assist the Special Representative of the Secretary-General for Somalia through the development of a long-term programme of advisory services for re-establishing human rights and the rule of law, and to widen the independent expert's mandate to allow him to seek and receive information about and report on the human rights situation in Somalia, in an effort to prevent human rights violations;

8. Also requests the Secretary-General to provide adequate resources, from within the overall regular budget of the United Nations, to fund the activities of the independent expert and the Centre for Human Rights, and invites Governments and organizations in a position to do so to respond positively to requests by the Secretary-General for assistance in the implementation of the present resolution;

9. Requests the independent expert to report to the Commission at its fifty-first session on conditions in Somalia and the implementation of the present resolution;

10. Decides to continue consideration of the question at its fifty-first session under the agenda item entitled "Advisory services in the field of human rights".

56th meeting
4 March 1994
[Adopted without a vote. See chap. XIX.]