DOCSLIB.ORG

Customary Justice: Perspectives on Legal Empowerment

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Customary Justice: Perspectives on Legal Empowerment LEGAL AND GOVERNANCE REFORM: LESSONS LEARNED . No. 3 /2011 Customary Justice: Perspectives on Legal Empowerment Janine Ubink, Editor Thomas McInerney, Series Editor Customary Justice: Perspectives on Legal Empowerment Janine Ubink, Editor Thomas McInerney, Series Editor Customary Justice: Perspectives on Legal Empowerment Copyright © International Development Law Organization 2011 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO’s comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. Among its activities, IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing Practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and benchbooks. Research for these publications is conducted independently with the support of its country offices and in cooperation with international and national partner organizations. This publication is based on research funded by the Bill & Melinda Gates Foundation. The findings and conclusions contained within are those of the authors and do not necessarily reflect positions or policies of the Bill and Melinda Gates Foundation. Disclaimer IDLO is an inter-governmental organization and its publications are intended to expand legal knowledge, disseminate diverse viewpoints and spark discussion on issues related to law and development. The views expressed in this Publication are the views of the authors and do not necessarily reflect the views or policies of IDLO or its Member States. IDLO does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of its use. IDLO welcomes any feedback or comments regarding the information contained in the Publication. All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purpos- es, provided that the source is acknowledged. Formal permission is required for all such uses. For copying in other circumstances or for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be charged. Requests for commercial reproduction should be directed to the International Development Law Organization. Published by: International Development Law Organization in conjunction with Viale Vaticano, 106 the Van Vollenhoven Institute, University of Leiden 00165 Rome, Italy Tel: +39 06 4040 3200 Fax: +39 06 4040 3232 www.idlo.int [email protected] Printed by: Quitily Grafica srl Viale Enrico Ortolani 155 00125 Rome, Italy Graphic Design: grafica internazionale Via Rubicone 18 00198 Rome, Italy Cover photo: © Sheila McKinnon ISBN 978-88-96155-06-6 Table of contents Foreword by Thomas F. McInerney 5 CHAPTER 1: Towards Customary Legal Empowerment: An Introduction Janine Ubink, Benjamin van Rooij 7 CHAPTER 2: Engaging with Customary Justice Systems Erica Harper 29 CHAPTER 3: Customary Legal Empowerment: Towards a More Critical Approach Ross Clarke 43 CHAPTER 4: Reducing Injustice? A Grounded Approach to Strengthening Hybrid Justice Systems: Lessons from Indonesia Samuel Clark and Matthew Stephens 67 CHAPTER 5: Policy Proposals for Justice Reform in Liberia: Opportunities under the Current Legal Framework to Expand Access to Justice Amanda C. Rawls 91 CHAPTER 6: Ensuring Access to Justice through Community Courts in Eritrea Senai W. Andemariam 113 CHAPTER 7: Stating the Customary: An Innovative Approach to the Locally Legitimate Recording of Customary Law in Namibia Janine Ubink 131 CHAPTER 8: Interaction between Customary Legal Systems and the Formal Legal System of Peru Ellen Desmet 151 3 CHAPTER 9: Negotiating Land Tenure: Women, Men and the Transformation of Land Tenure in Solomon Islands Rebecca Monson 169 Message from the Director of Research, Policy & Strategic Initiatives, IDLO Rule of law practitioners from around the world are keenly aware that customary justice systems are a potentially important means of improving access to justice. Whether by choice or because they have no alternative options, the world’s poor overwhelmingly favor customary justice systems over their formal counterparts. While the quality and equity of the outcomes delivered may vary, the sheer volume of outcomes suggests that there is significant opportunity to enhance legal empowerment by improving the quality of the justice processes that disadvantaged individuals and communities already use. At the same time, it is clear that customary justice systems can also restrict access to justice, particularly for marginalized and vulnerable groups. These processes can reinforce power imbalances, and outcomes can contravene human rights and justice standards. A central conundrum of engaging with customary justice systems is therefore how to support their many important positive aspects and enhance their capacity to protect the human rights of the most vulnerable members of society, notably women, minorities, indigenous peoples, disabled people and children. Despite these obvious linkages, the question of the role that customary justice systems should play in rule of law development programming remains poorly understood. In particular, there is scant knowledge on the extent to which assistance has translated into behavioral change among actors involved or on methodologies for evaluating impact and drawing lessons for future activities. This volume stems out of a broad IDLO research program featuring activities in Namibia, Rwanda, Somalia, Tanzania, Mozambique, Papua New Guinea, Liberia and Uganda, aimed at expanding the knowledge base regarding the relationship between the operation of customary justice systems on the one hand and the legal empowerment of poor and marginalized populations on the other. The volume, featuring articles by leading authors, country specialists and practitioners working in the areas of traditional justice and legal empowerment, discusses key aspects of traditional justice, such as for example the rise of customary law in justice sector reform, the effectiveness of hybrid justice systems, access to justice through community courts, customary law and land tenure, land rights and nature conservation, and the analysis of policy proposals for justice reforms based on traditional justice. Discussions are informed by case studies in a number of countries, including Liberia, Eritrea, the Solomon Islands, Indonesia and the Peruvian Amazon. 5 I wish to express my gratitude to Janine Ubink and to all the contributing authors who have made this volume possible. A special thank you goes to the IDLO staff who has worked very hard on this project over the past year, including Ilaria Bottigliero (Senior Researcher), Francesca Pispisa (Communications Officer) and Georgina Penman (Editing Consultant). Thomas F. McInerney International Development Law Organization Chapter 1 Towards Customary Legal Empowerment: CHAPTER 1 An Introduction 1 Janine Ubink, Benjamin van Rooij* n the last few decades, tradition, or at least what has always been portrayed as such, has proven resilient, and in many countries, customary justice systems1 have returned to the fore. Africa is a prime example of where chiefs and customary justice systems continue to dominate or made a Icomeback in the last decades.2 Also, in many Asian and Latin American countries, customary justice systems are vital. See for instance the role of adat in Indonesia;3 the Lok Adalat tribunals in India;4 and the disputes over recognition of customary indigenous group rights in Bolivia or Columbia.5 Customary justice systems even play a role in Northern America and Australia, where there have been intense struggles surrounding the recognition of ‘native’ group rights.6 Over the last decade or more, customary justice systems have become an increasing priority for international organizations working in legal development cooperation.7 Examples include support for the re-constitution of Gacaca courts to deal with the immense number of suspects of the Rwandan genocide,8 and projects aimed at bridging customary and state tenure systems to try to capitalize on customary land resources following the influential work of Peruvian economist Hernando de Soto.9 Other examples are development projects that seek to improve the position of women in customary settings, for instance, through changes in national legislation governing customary law, legal awareness training, or local level civil society engagement by paralegals.10 How can this interest
Load more

Recommended publications
  • Tol, Xeer, and Somalinimo: Recognizing Somali And
    Tol , Xeer , and Somalinimo : Recognizing Somali and Mushunguli Refugees as Agents in the Integration Process A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY Vinodh Kutty IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY David M. Lipset July 2010 © Vinodh Kutty 2010 Acknowledgements A doctoral dissertation is never completed without the help of many individuals. And to all of them, I owe a deep debt of gratitude. Funding for this project was provided by two block grants from the Department of Anthropology at the University of Minnesota and by two Children and Families Fellowship grants from the Annie E. Casey Foundation. These grants allowed me to travel to the United Kingdom and Kenya to conduct research and observe the trajectory of the refugee resettlement process from refugee camp to processing for immigration and then to resettlement to host country. The members of my dissertation committee, David Lipset, my advisor, Timothy Dunnigan, Frank Miller, and Bruce Downing all provided invaluable support and assistance. Indeed, I sometimes felt that my advisor, David Lipset, would not have been able to write this dissertation without my assistance! Timothy Dunnigan challenged me to honor the Somali community I worked with and for that I am grateful because that made the dissertation so much better. Frank Miller asked very thoughtful questions and always encouraged me and Bruce Downing provided me with detailed feedback to ensure that my writing was clear, succinct and organized. I also have others to thank. To my colleagues at the Office of Multicultural Services at Hennepin County, I want to say “Thank You Very Much!” They all provided me with the inspiration to look at the refugee resettlement process more critically and dared me to suggest ways to improve it.
    [Show full text]
  • Official General Election Ballot / Cod Bixinta Rasmiga Ah Ee Doorashada
    Official General Election Ballot / Cod bixinta Rasmiga ah ee Doorashada Guud Ballot type: Composite Sample Card: A City and County of Denver / Magaalada iyo Gobolka Denver Side: 1 of 6 Tuesday, November 3, 2020 / Talaado, Nufeembar 5, 2019 Somali Federal Offices -Xafiisyada Federaalka Federal Offices -Xafiisyada Federaalka State Offices - Xafiisyada Gobolka Presidential Electors Representative to the 117th United States Regional Transportation District Director Codadka Lagu Doorto Madaxwaynaha Congress - District 1 - District A (Vote for One Pair / Hal u lammaane Codee) Wakiilka Aqalka Wakiilada Maraykanka u Agaasimaha Waaxda Gaadiidka Gobalke ee matala Xaafada 117aad - Degmada1 Degmada - Degmada A Democratic Xisbiga Joseph R. Biden / (Vote for One / U Codee Midkood) (Vote for One / U Codee Midkood) Dimuqraadiga Kamala D. Harris Republican Xisbiga Jamhuuriga Shane Bolling Tim Nelson Republican Democratic Xisbiga Donald J. Trump / Xisbiga Dimuqraadiga Diana DeGette Kate Williams Jamhuuriga Michael R. Pence Unity Midnimada Paul Noel Fiorino Kyle Bradell American Approval Voting Regional Transportation District Director Constitution Don Blankenship / Codaynta Ansixinta Jan Kok Dastuurka - District D Maraykanka William Mohr Libertarian Qof dimuqraadiyada Kyle Furey Agaasimaha Waaxda Gaadiidka Gobalke ee Degmada - Degmada D Unity Midnimada Bill Hammons / State Offices - Xafiisyada Gobolka (Vote for One / U Codee Midkood) Eric Bodenstab State Board of Education Member - Bobby Dishell Congressional District 1 Green Regional Transportation District
    [Show full text]
  • JDF 440 Mandatory Protection Order Pursuant to §18-1-1001, C.R.S
    Municipal Court County Court District Court Maxkamadda Degmada Max. Degmooyinka Max. Racfaanka __________________________ County, Colorado/Degmada/Colorado Court Address: Cinwaanka Maxkamadda THE PEOPLE OF THE STATE OF COLORADO/Dadweynaha Colorado v. COURTS USE ONLY Defendant: ISTICMAALKA MAXKAMDDA OO KALIYA eedeysane Case Number: Gal Dacwadeed: Address/Cinwaan______________________________ 16 Character #: Ka koocabn 16 xaraf # _________________________________________ _________________________ Division Courtroom Qeybta Qolka Maxkamadda MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S. AMARKA KALA AMAAN GELINTA EE WAAJIBKA AH SIDA UU DHIGAYO §18-1-1001, C.R.S. Full Name of Defendant Date of Sex Race Weight Height Hair Eye Magaca Eedeysanaha oo Sadexan Birth Jinsiga Qowmiyadda Miisaanka dhererka Color Color Protected Party alleges Weapon Taariikhda Midabka Midabka Dhalashada Timaha Indhaha Involved/Qofka la amaan gelinayo waxa uu sheeganayaa in hub loo isticmaalay M Lab F Dhedig Full Name of Protected Date of Sex Race Full Name of Protected Date of Sex Race Party (Victim/Witness) Birth Jinsi Qowmi Party (Victim/Witness) Birth Jinsiga Qowmiy yadda adda Magaca Qofka Doonaya Amaan Taariikh ga Magaca Qofka Doonaya Amaan Taariikh Gelinta (Dhibanaha Markhaati) da Gelinta (Dhibanaha Markhaati) da Dhalash Dhalash ada ada The Court Finds it is appropriate to issue this Protection Order pursuant to §18-1-1001, C.R.S. Maxkamaddu waxa ay ogaatay in ay ku haboon tahay in ay soo saarto Amarka Amaan Gelinta sida uu dhigayo sharciga §18-1-1001, C.R.S. The Court Finds that the Defendant is is not governed by the Brady Handgun Violence Prevention Act, 18 U.S.C. §922 (d)(8) and (g)(8).
    [Show full text]
  • A Comparative Analysis of Rules of Law in Lebanon and Somalia Becca Ebert
    University of Puget Sound Sound Ideas Politics & Government Undergraduate Theses 12-15-2015 Institutional Consensus: A Comparative Analysis of Rules of Law in Lebanon and Somalia Becca Ebert Follow this and additional works at: http://soundideas.pugetsound.edu/pg_theses Part of the African Studies Commons, Comparative Politics Commons, Legal Theory Commons, and the Near and Middle Eastern Studies Commons Recommended Citation Ebert, Becca, "Institutional Consensus: A Comparative Analysis of Rules of Law in Lebanon and Somalia" (2015). Politics & Government Undergraduate Theses. Paper 1. This Dissertation/Thesis is brought to you for free and open access by Sound Ideas. It has been accepted for inclusion in Politics & Government Undergraduate Theses by an authorized administrator of Sound Ideas. For more information, please contact [email protected]. Institutional Consensus: A Comparative Analysis of Rules of Law in Lebanon and Somalia Becca Ebert Comparative Politics Senior Seminar Professor Patrick O’Neil University of Puget Sound 15 December 2015 Ebert 2 Abstract Situated within broader contexts of literature on the origin of rule of law, this paper analyzes the rules of law in Lebanon and Somalia and offers commentary on the relationship between weak states and the rule of law. Both divided states that succumbed to brutal civil wars, Somalia was able to foster a strong rule of law whereas Lebanon was not. Rule of law, in this analysis, requires a common conception of justice and institutions that embody these values. Following Paul Kahn’s prescription for a cultural study of law, this paper analyzes the emergence of social consensus and institutional congruence. Lebanon’s top­down imposition of legality precludes justice by solidifying religious divides and prioritizing elite power over reconciliation, resulting in a culture of impunity.
    [Show full text]
  • Discussion Paper on Reform of the Somaliland Penal Code
    Discussion Paper on Reform of the Somaliland Penal Code December 2014 Mansoor Area Hargeisa, Somaliland | +252 (0) 633 751063 +252 279 940 957 P.O. Box 691-00621 Nairobi, Kenya | +254 (0) 20 4180 222 +254 (0) 713 773 420 www.thehorizoninstitute.org | [email protected] Table of Contents Introduction ............................................................................................................................. 1 1. Reasons for Reform of the Penal Code ........................................................................... 1 2. Relationship with Other Laws ......................................................................................... 2 2.1. The Somaliland Constitution and Fundamental Rights ........................................................... 2 3. Drafting: Language and Structure ................................................................................. 4 3.1. Language .................................................................................................................................. 4 4. Crimes ................................................................................................................................ 7 4.1. Introduction .............................................................................................................................. 7 4.2. Crimes against the Personality of the State .............................................................................. 7 4.3. Parts II and III: Crimes against the Public Administration and the Course
    [Show full text]
  • Superior Court of Washington County Of
    Notice: You must complete this form in English. Ogeysiis: Waa in aad foomkan ku buxisaa afka Ingiriisiga. Superior Court of Washington County of ____________________ Maxkamadda Sare ee Washington Degmada Civil Case No.:_____________________ Gal Dacwadeedka Madaniga ah: Petitioner (name of defendant or respondent in criminal or juvenile offender Petition for Certificate of Restoration of case) Opportunity Codsade (magaca eedeysanaha ama lagu soo oogaha fal dambiyeed ama magaca ilmaha (PT) geystay dambiga) Codsiga Dib U Soo Celinta Fursadda vs. (Qarinta Dambiyada Diiwaankaaga Ku Jira) liddi ku ah. State of Washington, Respondent Gobolka Washington, Laga Dacwoode Petitioner asks the court for an order issuing a Certificate of Restoration of Opportunity that applies to all Washington state convictions or adjudications listed in Petitioner’s Declaration or only these Washington state convictions or adjudications: Codsadaha waxa uu maxkamadda weydiisanayaa amar lagu soo saaro Codsiga Dib U Soo Celinta Fursadda oo ku wajahan [ ] Dhamaan dambiyada lagu helay ama lagu qaaday ee Gobolka Washington ee ku xusan caddeynta codsadaha ama [ ] kaliya dambiyada lagu helay ama lagu qaaday ee Washington. Court and Location Cause Number Offense/s Date of Date of Maxkmadaha iyo Gal (as listed in sentencing Sentence Release from Goobta dacwadeedka documents) Taariikhda Confinement Dambiga (yada) xukunka Taariikhda (sida lagu xusay qoraalka xabsiga laga xukunka) sii daayey Pt. for Cert. of Restoration of Opportunity (PT) - Page 1 of 7 CRO 01.0100 (12/2016) Laws of 2016, ch. 81, §§ 2 and 3 Somali (12/2016) This petition is based upon Laws of 2016, ch. 81, §§ 2 and 3, Petitioner’s Declaration, and the relevant court records.
    [Show full text]
  • Student Handbook & Code of Conduct
    Revised: August 2021 2 2 TM Student -20 Handbook & Code of Conduct Creating a culture of high expectations, 1 2 collaboration, respect and accountability. 20 www.eriesd.org/handbook LANGUAGE ASSISTANCE AVAILABLE ال موق ع إل ى ال دخول ي م ك نك اﻹن ج ل يزي ة، ال ل غة ف هم ف ي ص عوب ة ل دي ك ك ان ت إذا :ال ل غوي ال م ساعد مﻻحظة أ س ئ لة أي ة ل دي ك ك ان ت إذا .ال س لوك وق واعد ال طال ب ك ت يب ف ي ال موجود ال نص ل ترجمة www.eriesd.org/handbooktranslate ب ال رق م ب اﻻت صال ال عامة إي ري مدراس من مجان ي ب ش كل ال ل غوي ال م ساعد خدمات ط لب ي م ك نك ال م ترجم، ال م س ت ند ب خ صوص [email protected] إل ى إل ك ترون ي ب ري د إر سال أو 8148746058 _______________________________________________________________________________ − www.eriesd.org/handbooktranslate Erie 814-874-6058 [email protected] _______________________________________________________________________________ Avis d’aide linguistique: Si vous avez des difficultés à comprendre l'anglais, vous pouvez accéder à www.eriesd.org/handbooktranslate pour traduire le texte du Manuel et le Code de conduite des étudiants. Si vous avez des questions sur le document traduit, vous pouvez demander, gratuitement, des services d’aide linguistique des écoles publiques d’Erie en appelant le 814-874-6058 ou en envoyant un e-mail à [email protected]. _______________________________________________________________________________ : न छ न, www.eriesd.org/handbooktranslate न न न छ न न छन न , न न 814-874-6058 [email protected] न न न न छ _______________________________________________________________________________ Ogeysiis ku saabsan Caawimada Luqadda: Haddii ay kugu adkaato fahamka Ingiriisiga, waxaad geli kartaa www.eriesd.org/handbooktranslate si aad u turjumto qoraalka ah Buugyaraha Ardayga & Xeer Nidaamiyaha.
    [Show full text]
  • This Electronic Thesis Or Dissertation Has Been Downloaded from Explore Bristol Research
    This electronic thesis or dissertation has been downloaded from Explore Bristol Research, http://research-information.bristol.ac.uk Author: Whittle, Jonathan J Title: How constitutional arrangements for the exercise of self-determination by the territory of Somaliland may impact Somaliland’s engagement with the international human rights system? General rights Access to the thesis is subject to the Creative Commons Attribution - NonCommercial-No Derivatives 4.0 International Public License. A copy of this may be found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode This license sets out your rights and the restrictions that apply to your access to the thesis so it is important you read this before proceeding. Take down policy Some pages of this thesis may have been removed for copyright restrictions prior to having it been deposited in Explore Bristol Research. However, if you have discovered material within the thesis that you consider to be unlawful e.g. breaches of copyright (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, then please contact [email protected] and include the following information in your message: •Your contact details •Bibliographic details for the item, including a URL •An outline nature of the complaint Your claim will be investigated and, where appropriate, the item in question will be removed from public view as soon as possible. How constitutional
    [Show full text]
  • Customary Justice: Perspectives on Legal Empowerment
    LEGAL AND GOVERNANCE REFORM: LESSONS LEARNED . No. 3 /2011 Customary Justice: Perspectives on Legal Empowerment Janine Ubink, Editor Thomas McInerney, Series Editor Customary Justice: Perspectives on Legal Empowerment Janine Ubink, Editor Thomas McInerney, Series Editor Customary Justice: Perspectives on Legal Empowerment Copyright © International Development Law Organization 2011 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO’s comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. Among its activities, IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing Practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and benchbooks. Research for these publications is conducted independently with the support of its country offices and in cooperation with international and national partner organizations.
    [Show full text]
  • The Role of the Traditional Somali Model in Peacemaking
    The Journal of Social Encounters Volume 2 Issue 1 Article 5 2018 The Role of the Traditional Somali Model in Peacemaking Hudda Ibrahim St. Cloud Technical and Community College Follow this and additional works at: https://digitalcommons.csbsju.edu/social_encounters Part of the African Languages and Societies Commons, African Studies Commons, Peace and Conflict Studies Commons, and the Social and Cultural Anthropology Commons Recommended Citation Ibrahim, Hudda (2018) "The Role of the Traditional Somali Model in Peacemaking," The Journal of Social Encounters: Vol. 2: Iss. 1, 60-68. Available at: https://digitalcommons.csbsju.edu/social_encounters/vol2/iss1/5 This Essay is brought to you for free and open access by DigitalCommons@CSB/SJU. It has been accepted for inclusion in The Journal of Social Encounters by an authorized editor of DigitalCommons@CSB/SJU. For more information, please contact [email protected]. The Journal of Social Encounters The Role of the Traditional Somali Model in Peacemaking Hudda Ibrahim St. Cloud Technical and Community College In this paper I explore the mediation and reconciliation efforts of traditional Somali elders. I also discuss why traditional elders have been effective peacemakers in Northern Somali (Somaliland) but not in Somalia. I argue that four factors comprising an “insider-partial mediation” approach in Somaliand helps to explain why it was effective there. In conclusion, this paper shows that the traditional Somali approach of peacemaking is a viable and effective approach to mitigating conflicts in Somalia. Somalia is located in the horn of Africa and shares a border with Kenya to the south, Ethiopia to the west, Djibouti to the northwest, the Gulf of Aden in the north, and the Indian Ocean in the east.
    [Show full text]
  • Working with Traditional Leaders to Reform Customary Law in Somalia
    Enhancing legal empowerment Working with Customary Justice Systems: Post-Conflict and Fragile States Working Paper Series Paper No. 2 Unlikely Allies: Working with Traditional Leaders to Reform Customary Law in Somalia Maria Vargas Simojoki IDLO CUSTOMARY JUSTICE WORKING PAPER SERIES Copyright © International Development Law Organization 2011 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO's comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. Among its activities, IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and benchbooks. Research for these publications is conducted independently with the support of its country offices and in cooperation with international and national partner organizations.
    [Show full text]
  • Somalia Somalia Security and Justice Sector PER
    Report No: AUS8353 . Federal Republic of Somalia Somalia Security and Justice Sector PER Public Disclosure Authorized . January 2017 . GMF07 AFRICA . Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized . Standard Disclaimer: . This volume is a product of the staff of the International Bank for Reconstruction and Development/ The World Bank. The findings, interpretations, and conclusions expressed in this paper do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Copyright Statement: . The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The International Bank for Reconstruction and Development/ The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA, telephone 978-750-8400, fax 978-750-4470, http://www.copyright.com/. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA, fax 202-522-2422, e-mail [email protected].
    [Show full text]