V. Role of the United States, European Union, African Union, United Nations on Somalia

The Transitional Federal Government mandate was to end in August 2011, with the elections of a new government. However, the Kampala Accord, signed on June 9, 2011 by Somali President Sheikh Sharif Sheikh Ahmed and Speaker of Parliament Sharif Hassan Sheikh Aden, extends the transitional period for an extra year and postpones elections until August 2012 at the latest. The UN Security Council has welcomed the Kampala Accord while emphasizing the need to complete key transitional tasks.[191] Donors have promised an additional year of financial support to the TFG, and key donors such as the European Union have stated that future support to the transitional federal institutions, including stipends for parliamentarians, should be contingent on progress on reform and delivery of the transitional tasks.[192] These tasks are considered to be the basis for a new political arrangement in Somalia and include: setting up regional and district administrative units, drafting a federal constitution, creating independent government institutions, and holding an election, a census, and a referendum on the constitution.

The United Nations and third parties are in a difficult situation: they are stuck with the significant limitations of a corrupt and divided partner in the TFG. If they are going to work with the TFG, they should take stronger action to encourage considerable improvements in its conduct. Meanwhile al-Shabaab has resisted any foreign influence.

There is no easy route to ensuring that the TFG or the other parties to the conflict can be pressed to act in accordance with international law. One concrete step would be to set up an international commission of inquiry. This would be a process of documenting all major rights violations in a mapping exercise, to set down the scale and severity of the conflict, and to provide an impartial record of Somalia’s history from 1991 onwards. Any attempts to seek truth or justice in the future would draw on such a commission and its very existence could serve as a deterrent to would-be war criminals. International donors to the TFG and AMISOM should seek such a commission and the TFG should request the UN Security Council to establish one.

The United Nations and donors to the TFG should also be more robust in their engagement with the TFG. Tacitly accepting the status quo, including endemic corruption and the lack of accountability for rights abuses, will simply encourage the TFG’s continuation of past practices towards the civilian population. Financial and military support for the TFG should be conditioned on meeting clear benchmarks linked to the TFG’s respect for international human rights and humanitarian law, including by all TFG-aligned militias.

The United Nations has established sanctions against Eritrea for supporting al-Shabaab in Somalia.[193] Equally, the United States, the European Union, and United Nations should be tough with Ethiopia and Kenya on accountability for rights violations by forces supported directly or indirectly by them and continue to press those countries to respect the rights of all refugees fleeing Somalia to seek asylum and protection regardless of the current rapid escalation of the numbers crossing the border.

More broadly, support for the Transitional Federal Government should be premised on the expectation that it is able to govern and guarantee the safety and security of populations living under its authority. At this critical phase, when territory has been captured from al-Shabaab, essential tasks such as the reinforcing of policing capacity, basic services, and the delivery of humanitarian aid require intense collaboration between the TFG and international donors and agencies. The TFG’s military strategy needs to be backed by a political strategy that will improve respect for the rights of Somalia’s long-suffering people.