International Development Law Organization

Somalia

English

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.

SOMALIA: Access to Justice Project - Eastern Regions of Somaliland

This sub-project aims to improve the social contract through increased legitimacy of justice sector institutions in Somaliland. In order to improve processes for alternative dispute resolution (ADR) and increase compliance with international human rights standards, the Legal Aid Clinic (LAC) of the University of Hargeisa is working with the ADR Unit of the Ministry of Justice (MOJ) to increase the protection, legal empowerment and access to justice for women and girls.

SOMALIA: Strengthening the Social Contract through Access to Justice in Eastern Regions of Somaliland

The sub-project aims to strengthen the capacity of the legal institutions at the local level in eastern regions of Somaliland; improve access to alternative dispute resolution (ADR) mechanisms and to formal justice for vulnerable groups through holistic support to gender-based violence (GBV) survivors and affected communities; and increase participation of citizens of Somaliland in accountability processes related to the provision of security and justice.

Enhancing the Capacity of Justice Institutions to Deliver Justice in Somalia

Lack of good governance and the rule of law are one of the most pressing problems confronting modern Somalia on its path towards stability and reconstruction. While there have been signs of progress, the absence of robust and competent institutions has contributed to a climate of insecurity and impunity. Several assessments of the justice system in Somalia have found that judges and prosecutors lack of adequate skills to effectively administer criminal trials in line with Somali laws and procedures, particularly with respect to safeguarding the rights of the accused.

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Key Initiatives

  • Lack of good governance and the rule of law are one of the most pressing problems confronting modern Somalia on its path towards stability and reconstruction. While there have been signs of progress, the absence of robust and competent institutions has contributed to a climate of insecurity and impunity. Several assessments of the justice system in Somalia have found that judges and prosecutors lack of adequate skills to effectively administer criminal trials in line with Somali laws and procedures, particularly with respect to safeguarding the rights of the accused.
  • As a result of the combined military offensive of the Somali National Army and African Union Mission in Somalia with international support, the Al Shabaab extremist group has been significantly degraded and forced into retreat. Al Shabaab’s emergence, and support, particularly among marginalized communities, was and is still to a large extent fueled by both inter and intra-clan conflicts and lack of justice.
  • 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. Informal justice systems, offering alternative dispute resolution are often much better placed to respond to the immediate justice needs of many Somalis seeking justice, as they have more legitimacy and are more easily accessible. To enhance access to justice in Somalia, it is therefore essential to engage with the alternative dispute resolution systems.
  • In Somalia, alternative justice mechanisms remain the main providers of justice services for lack of formal justice institutions. However, these justice mechanisms can be discriminatory particularly against women, youth and minority clans.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Strengthening Linkages Between Formal Justice System and Traditional Dispute Resolution System to Improve Access to Justice - Phase II". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
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