International Development Law Organization

Somalia

In 2012 a Somali government took office with international backing, after two decades of anarchy and warfare. Supported by African Union peacekeeping troops, the government is seeking to extend its jurisdiction over areas of the country still controlled by Islamist militias.

As a consequence of conflict, Somalia's development and humanitarian indicators remain among the lowest in the world. IDLO is helping build and strengthen institutions, as a precondition to improving the lives of Somali citizens. This work includes supporting the judicial system and contributing to the Constitution-making process.

Building an effective, fit-for-purpose financial reporting center in Somalia

Somalia’s economy remains heavily dependent on remittances from the Somali diaspora, which the International Monetary Fund estimates account for approximately 23 per cent of Somalia’s GDP. However, examining and supervising such transactions is difficult as Somalia’s formal banking sector is nascent and underdeveloped. Concerns over the lack of a basic, functioning, regulated financial sector and weak financial regulation and oversight, including customer identification measures, have eroded international confidence in Somalia’s financial firms.

Reforming and modernizing the Alternative Dispute Resolution (ADR) system in Somalia

Lack of access to a fair and equitable justice system is one of the most pressing problems confronting modern Somalia on its path towards stability and reconstruction. Rebuilding Somalia’s formal justice system is a highly challenging, complex, and long-term undertaking. In fact, there have not been any effective formal justice institutions in the country for over two decades.

Supporting the return, reintegration and protection of Somali IDPs and refugees

Somalia constitutes a country of origin, destination, transit, and return for large movements of people across the Horn of Africa. Movement is driven by the intersecting challenges of protracted and persistent conflict, failing systems of governance, and limited employment and livelihood opportunities. More than 2.1 million Somalis live in protracted displacement, with 1.1 million internally displaced persons (IDPs) and an additional 1 million Somalis hosted as refugees in countries in the immediate region.

Evaluation of "Enhancing the Capacity of the Legal Professional in Somalia for the Delivery of Justice"

As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Enhancing the Capacity of the Legal Professional in Somalia for the Delivery of Justice". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.

Sustainable pathways to peace

In 2012, the Federal Government of Somalia took office with international backing after two decades of warfare. Since then, the government has developed a National Stabilization Strategy (NSS) to address enduring areas of conflict in the country with ‘top-down’ and ‘bottom-up’ reconciliation and clan-conflict reduction strategies. While commendable for its multifaceted response, there is a recognized need to improve rule of law at the community level.

Strengthening the capacity of the Attorney General's office

An effective prosecution service is critical to the provision of justice, stability and peace in Somalia. But the absence of a robust, independent and competent prosecutorial service has contributed to a climate of impunity, increasing the proliferation of both low-level and serious crimes, including terrorism, corruption and gender-based violence throughout Somalia.

Prosecuting Terrorism Offenses

Terrorism trials in Somalia have overwhelmingly been conducted in military courts under military laws that do not afford rights to the accused as enshrined in international human rights law or the Somali Provisional Constitution. Recognizing the weakness of the current system and the security threat posed by Somalia’s overloaded prison capacity, the Government of Somalia has decided to move the bulk of the current serious crimes caseload and all future caseloads to the civilian criminal court system.

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Key Initiatives

  • Somalia’s economy remains heavily dependent on remittances from the Somali diaspora, which the International Monetary Fund estimates account for approximately 23 per cent of Somalia’s GDP. However, examining and supervising such transactions is difficult as Somalia’s formal banking sector is nascent and underdeveloped. Concerns over the lack of a basic, functioning, regulated financial sector and weak financial regulation and oversight, including customer identification measures, have eroded international confidence in Somalia’s financial firms.

  • Lack of access to a fair and equitable justice system is one of the most pressing problems confronting modern Somalia on its path towards stability and reconstruction. Rebuilding Somalia’s formal justice system is a highly challenging, complex, and long-term undertaking. In fact, there have not been any effective formal justice institutions in the country for over two decades.

  • Somalia constitutes a country of origin, destination, transit, and return for large movements of people across the Horn of Africa. Movement is driven by the intersecting challenges of protracted and persistent conflict, failing systems of governance, and limited employment and livelihood opportunities. More than 2.1 million Somalis live in protracted displacement, with 1.1 million internally displaced persons (IDPs) and an additional 1 million Somalis hosted as refugees in countries in the immediate region.

  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Enhancing the Capacity of the Legal Professional in Somalia for the Delivery of Justice". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.

  • In 2012, the Federal Government of Somalia took office with international backing after two decades of warfare. Since then, the government has developed a National Stabilization Strategy (NSS) to address enduring areas of conflict in the country with ‘top-down’ and ‘bottom-up’ reconciliation and clan-conflict reduction strategies. While commendable for its multifaceted response, there is a recognized need to improve rule of law at the community level.

  • An effective prosecution service is critical to the provision of justice, stability and peace in Somalia. But the absence of a robust, independent and competent prosecutorial service has contributed to a climate of impunity, increasing the proliferation of both low-level and serious crimes, including terrorism, corruption and gender-based violence throughout Somalia.

  • Terrorism trials in Somalia have overwhelmingly been conducted in military courts under military laws that do not afford rights to the accused as enshrined in international human rights law or the Somali Provisional Constitution. Recognizing the weakness of the current system and the security threat posed by Somalia’s overloaded prison capacity, the Government of Somalia has decided to move the bulk of the current serious crimes caseload and all future caseloads to the civilian criminal court system.

  • The protracted civil war and the weak state control over territory in Somalia has enabled new criminal activities to take hold, including illegal checkpoints, maritime piracy, cybercrimes, money laundering and counterfeiting, human trafficking, extortion, terrorist financing, and the smuggling of weapons and food over Somalia’s porous borders. The Somali Federal Ministry of Justice (MoJ) and national police are well aware of these newer forms of criminality plaguing Somalia, but are unable to effectively combat them.

  • While showing steady progress, the formal justice system in Somalia remains fragile. Somalis continue to use traditional dispute resolution (TDR) mechanisms to resolve conflicts in their communities due to their physical accessibility, low cost and legitimacy in the eyes of local participants. The TDR system has the potential to improve access to justice in Somalia, but at the same time informal justice can reinforce forms of discrimination and support practices that do not comply with international human rights standards.

  • After 20 years of civil war, Somalia remains in the grip of a major human security crisis, with violence and widespread poverty. To address the justice needs of the people of Somalia, particularly members of vulnerable groups, IDLO is working to build the capacity of the private bar to adequately represent clients’ interests and rights in the justice system.

  • IDLO has been assisting the Ministry of Justice in developing a framework to enshrine the rule of law. In particular, we collaborated with the Ministry, the judiciary and other institutions to develop of a two-year Justice Sector Action Plan. The initiative was designed to help strengthen institutional capacity lay the foundations for a sustainable and effective justice system.

  • IDLO is working to support the endorsement of Somalia’s Provisional Constitution. In the first half of 2012, we helped produce a comparative analysis of the new draft Constitution, the Constitution of 1960 and the Transitional Federal Charter of 2004, with recommendations for changes where appropriate. The Provisional Constitution was adopted in 2012. The constitution-making process is set to continue until 2016, with the resulting document put to a public referendum.

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