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.
The Government of Somalia has adopted a new national policy on internally displaced persons (IDPs), and refugee-returnees. The first of its kind, the policy seeks to provide rights-based solutions for the protection of all Somali citizens.
The nature of rule of law programming is changing in response to a series of external and internal drivers.
Over 30 paralegals from Kenya, South Sudan, Somalia and Uganda as well as various community justice experts convened to advocate for the critical role and contribution that paralegal support networks play in raising legal awareness and supporting access to justice for all, at a regional forum held in Nairobi on July 22-25, 2019.
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.
Prosecutors, judges and investigators in Somalia are undergoing specialized training to handle cases on complex crimes with the support of IDLO.
Somalia is striving to strengthen its institutions and to improve the rule of law, however high levels of crime persist. These include forms of complex crimes, namely extremist violence and sexual and gender-based violence (SGBV).
Over 50 women judges, representing chapters of the International Association of Women Judges across the African continent, convened to discuss the critical role and contribution women justice professionals play in adjudicating cases of gender-based violence at a regional conference in Nairobi from November 29 to December 1, 2018.
