Recommendations

To the Transitional Federal Government of Somalia (TFG)

• Immediately issue clear, public orders and take all necessary steps to ensure that TFG security forces and allied militias comply with international humanitarian and human rights law.
• Halt all use of mortars in populated areas of Mogadishu unless measures are implemented to ensure that their use complies with the principles of distinction and proportionality under international humanitarian law.
• Ensure that all credible allegations of humanitarian law violations by TFG forces are promptly, impartially, and transparently investigated and that those responsible for serious abuses, regardless of rank, are held to account.
• Invite the UN Office of the High Commissioner for Human Rights to increase the number of staff monitoring and reporting on human rights abuses in Somalia.
• Conduct rigorous screening and take other active measures to ensure that no children under the age of 18 are recruited into TFG armed forces. Release all previously recruited children.

• Request that the UN Secretary-General establish a Commission of Inquiry to investigate and map serious crimes and recommend measures to improve accountability for violations of international human rights and humanitarian law in Somalia, and fully cooperate with that Commission once it is established.

To the African Union and the African Union Mission in Somalia (AMISOM)

• Ensure that all credible allegations of humanitarian law violations by AMISOM forces are promptly, impartially, and transparently investigated and that those responsible for serious abuses, regardless of rank, are held to account.
• Ensure that AMISOM forces immediately halt all use of mortars in populated areas of Mogadishu unless measures are implemented to ensure that their use complies with the principles of distinction and proportionality under international humanitarian law.
• Ensure that AMISOM personnel receive appropriate training in international humanitarian law.
• Consider implementing a system of meaningful payments for civilian loss of life, injury, and property damage. This system should not be limited to compensation for violations of the laws of war but should also include condolence or ex-gratia payments for losses stemming from AMISOM troop activities in which there is no assumption of liability. The system should not be considered a substitute for training and other measures to ensure that AMISOM military personnel comply with international humanitarian law.

• Request that the UN Secretary-General establish a Commission of Inquiry to investigate and map serious crimes and recommend measures to improve accountability for violations of international human rights and humanitarian law in Somalia.

To al-Shabaab and other Opposition Groups Fighting in Mogadishu

• Immediately take all necessary steps to end violations of international humanitarian law:
  • Cease using civilians as “human shields” or placing them at unnecessary risk by launching attacks and firing mortars from densely populated areas.
  • End all firing of mortars in populated areas of Mogadishu unless measures are implemented to ensure that their use complies with the principles of distinction and proportionality under international law.
  • Facilitate the departure of civilians to safer areas during military operations.
  • Halt death threats and targeted killings of civilians.
  • End all forced recruitment of adults.
  • End all recruitment of children under the age of 18 and release all children previously recruited.
  • Appropriately hold to account all personnel, regardless of rank, who commit serious violations of international humanitarian law.

To al-Shabaab and Local Authorities in al-Shabaab-Controlled Communities

• Immediately take all necessary steps to comply with the principles of international human rights law:
  • Lift all formal or informal bans on the rights to freedom of expression, association, peaceful assembly, and religion. These include measures that prevent groups from gathering or speaking openly, that impose criminal sanctions for failing to pray or for public activity during prayer times, and that attempt to censor public education.
  • Halt all measures that discriminate against women, including restrictions on their work, travel, and attire.
  • Eliminate cruel, inhuman, and degrading punishments, including death sentences, amputations, and flogging for criminal and other offenses.
  • Halt arbitrary interference in the rights to privacy, home, family, and expression, including punishing people whose dress or appearance do not conform to codes imposed by al-Shabaab or local authorities.
  • Ensure that all criminal sanctions are the result of proceedings that respect the due process and fair trial rights of the accused.
  • Appropriately hold to account al-Shabaab members and local administrators who commit human rights abuses.

To the UN Security Council

• Support the establishment of an independent and impartial commission of inquiry to investigate and map serious crimes and recommend measures to improve accountability for violations of international human rights and humanitarian law in Somalia.
• Publicly condemn violations of international human rights and humanitarian law by all parties to the conflict in Somalia, including AMISOM and TFG forces.
• Strictly enforce the UN arms embargo on Somalia, and grant no exemptions to any party seeking to ship mortars or mortar rounds to the TFG or AMISOM unless measures are implemented to ensure that the use of those weapons complies with the principles of distinction and proportionality under international law.
• Ensure that the UN Political Office for Somalia does not take actions that would undermine the neutrality of humanitarian agencies operating in Somalia.
• Encourage the Office of the High Commissioner for Human Rights to expand its capacity to carry out human rights monitoring and reporting in Somalia and to make that work a priority.
• Encourage the UN High Commissioner for Refugees to work with the Kenyan government to permit the safe return to the Dadaab refugee camps of men and youths recruited from the camps in 2009 for military deployment in Somalia.
• Call on Kenya to ensure that refugees fleeing Somalia are able to access protection and assistance in Kenya.

To the UN Secretary-General

• Establish an independent and impartial commission of inquiry to investigate and map serious crimes and recommend measures to improve accountability for violations of international human rights and humanitarian law in Somalia, in cooperation with the African Union and with support from the Office of the High Commissioner for Human Rights.
• Support expansion of the capacity of the Office of the High Commissioner for Human Rights to carry out human rights monitoring and reporting in Somalia and make that work a priority.

To the UN High Commissioner for Human Rights

• Increase the number of human rights officers monitoring and publicly reporting on human rights abuses in Somalia.
• Ensure that impartial monitoring, investigation, and public reporting of human rights abuses is a priority for the Office of the High Commissioner for Human Rights staff working on Somalia, including staff working within the human rights unit of the UN Political Office on Somalia.

To the UN High Commissioner for Refugees

• Work with the Kenyan government to permit the safe return to the Dadaab refugee camps of men and youths recruited from the camps in 2009 for military deployment in Somalia.
• Call on Kenya to ensure that refugees fleeing Somalia are able to access protection and assistance in Kenya.

To the UN Human Rights Council

• Establish a special rapporteur mandate for the Horn of Africa that would investigate and report on the human rights situation in Somalia, Eritrea, and Ethiopia, including serious violations of international human rights and humanitarian law.
• Hold a special briefing session on Somalia including key actors such as the Special Representative of the Secretary-General’s office, the African Union, the Transitional Federal Government, and civil society actors.

To the Government of Kenya

• Recognize that the recruitment of refugees from the Dadaab refugee camps in 2009 for military service in Somalia was unlawful by ending their service and permitting them to safely return to the camps.
• Ensure that refugees fleeing Somalia are able to access protection and assistance in Kenya.

To the Governments of Uganda and Burundi

• Take the lead in urging the African Union to strengthen appropriate training in international humanitarian law.
• Take the lead in urging the African Union to investigate options for a system of payments for civilian loss of life, injury, and property damage.

To the United States, the European Union and its Member States, and the African Union

• Launch comprehensive policy reviews of engagement with Somalia that focus on protecting the basic human rights of the Somali population. The African Union should take a leadership role in implementing these revised policies.
• Publicly condemn violations of international humanitarian and human rights law by all parties to the conflict in Somalia, including AMISOM and the TFG.
• Cease the shipment of mortars and mortar rounds to AMISOM and the TFG until measures are implemented that ensure their use complies with international humanitarian law.
• Publicly call on the Kenyan government to release men and youths recruited from the Dadaab refugee camps in 2009 for military deployment in Somalia, and ensure these refugees are able to safely return to the camps.
•  Urge Kenya to ensure that refugees fleeing Somalia are able to access protection and assistance in Kenya.
• Strengthen human rights components to bilateral aid for security forces, including non-lethal methods of crowd control, respect for the laws of war, measures to combat torture, and internal accountability.