East Africa Regional Forum: Alternative Dispute Resolution & Customary and Informal Justice
East Africa Regional Forum - Alternative Dispute Resolution & Customary and Informal Justice: Advancing SDG16 and Pathways to Justice
Somalia
Anglais
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 launches first policy on displaced persons, refugee-returnees
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.
IDLO 'Implementer Dialogues' in The Hague
The nature of rule of law programming is changing in response to a series of external and internal drivers.
Paralegals promote access to justice at regional forum in Nairobi
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.
Countering violent extremism through improved community reconciliation in Somalia
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.
Strengthening the Alternative Dispute Resolution 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. 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.
Somalia Joint Justice Program
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.
Strengthening the response to complex crimes in Somalia
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).
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Key Initiatives
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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. -
Somalia is striving to strengthen its institutions and to improve the rule of law, however high levels of crime still persist. These include forms of complex crimes, namely extremist violence, organized crime, sexual and gender-based violence and corruption. In recent years, the Somali Federal Government has improved the fight against armed groups and made efforts to improve the capacity of the justice system to handle complex crimes. -
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. -
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.
