SOMALIA: ALTERNATIVE DISPUTE RESOLUTION SOMALIA

IDLO QUARTERLY REPORT

Country Somalia

Programme Duration 1 January 2019 – 31 December 2021

Donor Government of the Netherlands

Programme Reference Number 4000002097

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Programme Value EUR 1,499,997

Reporting Period 1 January – 31 March 2021

Submitted to Ministry for Foreign Trade and Development Cooperation of the Kingdom of the Netherlands

Submitted on 30 June 2021

International Development Law Organization Creating a Culture of Justice www.idlo.int | @IDLO

TABLE OF CONTENTS

LIST OF ACRONYMS ...... ii I. EXECUTIVE SUMMARY ...... 1 II. PROGRESS AGAINST PROGRAMME OUTCOMES AND OUTPUTS ...... 2 III. CHALLENGES AND LESSONS LEARNED ...... 8 IV. CONCLUSION AND WAY FORWARD ...... 9

The International Development Law Organization (IDLO) is pleased to submit this narrative Quarterly Report to the Minister for Foreign Trade and Development Cooperation of the Kingdom of the Netherlands (the “Minister”) as a courtesy accompaniment to required IATI reporting in accordance with the Arrangement for the programme “Alternative Dispute Resolution Somalia” as signed by the Minister and IDLO on 3 December 2018.

LIST OF ACRONYMS

ADR Alternative Dispute Resolution CoC Code of Conduct EU European Union FCDO United Kingdom Foreign, Commonwealth and Development Office FGS Federal Government of Somalia FMS Federal Member State GBV Gender-Based Violence IDLO International Development Law Organization IDP Internally Displaced Person JJP Joint Justice Programme MOJ Ministry of Justice OECD Organisation for Economic Co-operation and Development SOPs Standard Operating Procedures TOT Training of Trainers UNDP United Nations Development Programme WG Working Group

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I. EXECUTIVE SUMMARY

Lack of access to a fair and equitable justice system is one of the main obstacles to Somalia’s path towards stability and reconstruction. In the absence of a functioning formal legal system for over two (2) decades, the informal justice system plays a critical role in delivering justice and maintaining social cohesion. The Somali traditional justice system (Xeer) is an integral component of the Somali life: most of the Somali justice seekers (80 to 90 percent) prefer to use the informal system1 because it is faster, considered more effective and accessible both geographically and financially, compared to formal courts.2 Therefore, in order to promote access to justice, it is critical to engage with the traditional justice system. In supporting engagement with the Alternative Dispute Resolution (ADR) mechanisms, IDLO is mindful that these mechanisms are not always compliant with the provisions of the Somali Provisional Constitution and are characterised both by lack of enforcement and limited linkages with the formal justice system. The programme’s goal is therefore to “Promote fair and equitable access to justice for all Somalis, with a special focus on women and other vulnerable populations, leading to improved human rights protection, increased stability and social cohesion”. Under this programme, IDLO seeks to establish and operationalise nine (9) ADR Centres in Somalia, providing capacity development to the adjudicators and tools to allow them to deliver justice in line with the Constitution and with Human Rights standards. Interventions proposed under the programme are aimed at directly contributing to eliminating bias and barriers to justice for the most vulnerable, particularly women, and establishing a collaborative mechanism between the formal and informal justice systems for case referrals. The programme builds on lessons learnt by IDLO during its implementation and engagement with the European Union-(EU) funded programme “Reforming and Modernising the ADR System to Enhance the Rule of Law and Access to Justice” and the “Somali Joint Justice Programme” (JJP), funded by the European Union, the Governments of the Netherlands, Sweden and the United Kingdom Foreign, Commonwealth and Development Office (FCDO) through the United Nations Development Programme (UNDP). During the reporting period, the Minister for Foreign Trade and Development Cooperation of the Kingdom of the Netherlands and IDLO signed an amendment to the Arrangement, extending the programme implementation period through to 31 December 2021. On the programmatic side, IDLO successfully completed all deliverables under Output 1 “Linkages between state and ADR justice mechanisms strengthened”. All ADR Centres have been established and are fully operational. Copies of the Code of Conduct (CoC) and Standard Operating Procedures (SOPs) were distributed to the ADR Centres to regulate their internal processes and procedures, with a special focus on case management and case recording. IDLO also strengthened the capacity of 78 ADR Centres’ staff members, adjudicators and stakeholders to apply the SOPs and CoC principles with a focus on case data recording and referral. The trainings were delivered by the ADR Coordinator in South Galkayo (18-21 January), Abudwak (6-9 February 2021), Baidoa (17-21 February 2021) and Beledweyne (23-27 March 2021).

1 Mr Vargas Simojoki, “Unlikely Allies: Working with Traditional Leaders to Reform Customary Law in Somalia”, in E. Harper, ed., Working with Customary Justice Systems: Post-Conflict and Fragile States (IDLO, 2011), p.36. Additionally, recurring estimates suggest that between 80 and 90 percent of legal disputes in developing, fragile and post-conflict states are resolved through alternative dispute resolution (ADR) mechanisms. These figures appear in most policy-related literature on informal or non-state justice. See, among others, Organisation for Economic Co-operation and Development (OECD), “Enhancing Security and Justice Service Delivery, Governance, Peace and Security” (2007), p. 6; United Nations Development Programme (UNDP), “Community, Security and Social Cohesion: Towards a UNDP Approach” (2009), p. 9. See also Ms Leila Chirayath, Ms Caroline Sage and Mr Michael Woolcock, “Customary Law and Policy Reform: Engaging with the Plurality of Justice Systems”. World Bank Working Paper (July 2005), pp 2-3. 2 Pact and the American Bar Association Rule of Law Initiative (2020), p. 15.

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In order to increase the referral of cases from/to the ADR Centres, the ADR coordinators and clerks worked towards establishing linkages between the ADR Centres and the formal district courts, the police offices and the local administration aimed at solidifying a collaborative approach that can lead to the referral of cases based on the types of cases and capacities of the parties. To note, 217 cases have been received during the reporting period (against 65 of the previous quarter), 40% of these being submitted to the Centres by women. A total of 301 people (complainants and defendants) directly benefitted from the services of the ADR Centres. Moreover, the ADR Units finalised the recruitment process of nine (9) female community paralegals to be embedded in the ADR Centres (one in each Centre). The community paralegals will be responsible for supporting case classification, legal awareness and outreach, legal counselling with a focus on women, and case referral. Their engagement is expected to contribute to achieve Output 3 ‘Gender equity enhanced’. Under the same Output, the Puntland ADR Unit launched a three-month radio campaign to raise awareness on the ADR Centres in the communities. As described above, the programme made significant progress despite a new wave of COVID-19 registered in February and March 2021 in Somalia. The number of COVID-19 cases dramatically increased during this period. IDLO responded by slowing down implementation in March and procuring personal protective equipment for the ADR staff and users visiting the Centres. The COVID- 19 pandemic affected the implementation of the outreach activities of the ADR Centres and is expected to impact on the overall number of direct ADR users due to the reluctance of the population to meet in public places, overall limitations of movements and shift in the priorities of people’s life due to the economic and social impact of the crisis. The reporting period was also characterised by critical political developments: in February 2021, the political elections were further postponed and the mandate of the President Farmajo extended by the Parliament for another two-year term. As a result, clashes and riots were reported in Mogadishu among the official army and the supporters of the opposition. This environment is affecting the cordial relationship between the Federal Government of Somalia (FGS) and Federal Member States (FMS) due to the lack of agreement on the electoral system and clear timeline for the elections. The frictions between some FMS and the FGS negatively impacted on the programme’s ability to advance a unified ADR approach across Somalia under the guidance of the FGS.

II. PROGRESS AGAINST PROGRAMME OUTCOMES AND OUTPUTS

OUTCOME 1: SOMALI ADR SYSTEM REFORMED AND MODERNISED Output 1: Linkages between state and ADR justice mechanisms strengthened Support the establishment and operationalisation of ADR Centres in the nine (9) target areas and ADR Units within the state Ministries of Justice to monitor and support ADR Centres’ compliance Establishment of the ADR Centres During the reporting period, IDLO finalised the establishment of the remaining six (6) ADR Centres foreseen under this programme. At the end of the reporting period, all nine (9) ADR Centres and five (5) ADR Units were operational. This was made possible by the implementation of the following preparatory activities during the reporting period: ▪ Finalisation of the venue assessment by the FMS ADR Units, IDLO procurement process and signature of the rental contracts by the Ministries of Justice (MOJs) of the respective FMS with the owners of the venues. ▪ Training and team building of ADR Centres’ staff, including promotion of peer-to-peer support among the ADR staff. A key role has been played by the ADR National Coordinator by unifying

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the team and providing technical support based on his past experience in establishing the ADR Centres in Benadir region as well as his familiarity with the locations. It is worth mentioning that in March 2021, IDLO facilitated two (2) missions and on-the-job training for the ADR clerk in South Galkayo and Afgoye. Due to the proximity of the ADR Centre in South Galkayo to another ADR Centre established in North Galkayo in 2018, IDLO advised the more experienced ADR clerk in North Galkayo to provide on–the-job training to his peer in South Galkayo. The process was facilitated by the ADR Coordinator from Puntland (the North Galkayo ADR Centre is geographically located in Puntland) who visited both ADR Centres and provided advice on how to improve the management of the Centre in South Galkayo and establish a durable collaboration between the two (2) ADR clerks. At the same time, the ADR clerk in Afgoye received an induction from the clerk of Hamar-Jajab ADR Centre located in Mogadishu, which is supported by IDLO since 2018. He also attended a three–day Training of Trainers (TOT) on ADR SOPs delivered by the National ADR Coordinator. The objective of the TOT was to foster the capacity of the clerk to organise and deliver a training on the SOPs to the ADR adjudicators in Afgoye, since the ADR National Coordinator could not himself deliver the training, due to the high risks for travellers, particularly for Government officials, to reach Afgoye, because of the roads being controlled by Al-Shabaab. ▪ Delivery of basic furniture in six (6) ADR Centres procured during the previous quarter. To note, the delivery of computers and printers remains pending due to the delays encountered during the procurement process that was launched twice. The local companies face difficulties to comply with IDLO requirements in terms of technical documents meant to certify the regularity of the company to operate and the quality of the products. Furthermore, in February 2021, IDLO put on hold the procurement process pending the confirmation of the programme no-cost extension, which was granted in mid-March 2021. The procurement process is expected to be relaunched and finalised during the next quarter. ▪ Formal appointment of 91 adjudicators identified during the previous quarter. To note, some adjustments were made in January and February 2021 due to the unavailability (for personal reasons) of some adjudicators previously identified. The gender balance and representativeness breakdown remained unchanged: out of 91 adjudicators, 71 are men and 20 women; 40 adjudicators are elders; 16 are selected among faith professionals (sheiks); 21 are representatives of vulnerable categories (women, internally displaced persons - IDPs, minority clans); 4 are youth representatives; 6 are community leaders and 1 is a Koranic teacher.

Operationalisation and Delivery of Services by the ADR Centres The newly established ADR Centres in Dolow (Jubaland), Beledweyne (Hirshabelle), Baidoa and Afgoye (Southwest), Galkayo and Abdwak (Galmudug) received their first cases between February and March 2021 despite being still in their inception phase. The number of cases is expected to progressively increase but with a slower trend than what planned during the programme design phase due to the impact of COVID-19 pandemic (as described above). As at March 2021, all nine (9) ADR Centres received and managed a total of 217 cases, of these 40% were submitted by women. A total of 301 persons (complainants and defendants) directly benefitted from the services of the ADR Centres. The graphics below provide an overview of the cases received. Finally, it is worth noting that the impact assessment foreseen under Output 4 will focus on how cases are classified to ascertain potential gaps in the registration of cases.

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TYPES OF DISPUTES GENDER RATIO Rent Business 180 Ownership/Possession disputes disputes of movable property 5% 7% 160 12% Injuries 140 7% 120 51 Theft 92 1% Accidents 100 Ownership/Possessi 4% on of immovable Other 80 property (i.e land … 0% 60 95 40 Threat of physical Family 71 /mental harm dispute 20 0% 21% Domestic 0 Other forms violence COMPLAINANT DEFENDANT of GBV 10% 4% M F

Establishing Linkages Between the Formal and Informal Justice Systems The MOJ ADR Units continued to engage with the district courts and police offices to develop solid relationships with their local representatives with the objective to solidify trust towards the ADR Centres and minimise competitiveness. However, solid linkages between the ADR Centres and the formal justice system can be established only as a result of continuous dialogue and participatory approach that the ADR Units are adopting towards their respective district courts and police offices. During programme implementation, IDLO will continue to support and monitor this approach towards a more regular dialogue between the parties. As a way of example, the court and police representatives in Abdwak, Galkayo, Baidoa and Beledweyne attended the training on the ADR SOPs to familiarise with the work of the ADR Centres and with the referral system. To note, as at the end of the reporting period, no cases were referred by the ADR Centres to the formal justice system. On the contrary, the formal justice system and the police referred the first three (3) cases to the ADR Centre in Abdwak (two family disputes and one case of theft) as a proof of successful dialogue between these parties.

Adoption and Implementation of the ADR Standard Operating Procedures (SOPs) Key to the reform and modernisation of Somalia’s ADR system is the establishment of procedural regulations to standardise the operations of the ADR Centres across Somalia. Standard ADR processes enable uniform compliance with the Provisional Constitution of Somalia, Somali laws and international human rights standards. With this objective in mind, IDLO supported the MOJs of Galmudug, Southwest and Hirshabelle States in organising a four-day training on “ADR approaches and Standard Operating Procedures of the ADR Centres” in four (4) different locations as summarised in the table below. The training aimed at capacitating 78 participants (maximum 20 per location) - including 40 ADR Centre adjudicators - on the National ADR Policy, mandate, jurisdiction, hearing process and case referral in the ADR Centres as regulated by the SOPs. The training sessions were delivered by the National ADR Coordinator who previously coordinated the drafting and revision of the SOPs on behalf of the Federal MOJ in 2019-

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2020 and who is tasked with the promotion of standardisation among the ADR Centres in accordance with the pillars of the 2016 National ADR Policy.

Training Number of Dates Types of participants location participants South 18-21 20 10 adjudicators, 1 police officer, 1 court representative, 2 youth Galkayo January representative, 2 community representatives, 2 paralegals, 1 (F: 6; M: 14) 2021 ADR coordinator, 1 ADR clerk. Abdwak 6-9 19 10 adjudicators, 1 police commander, 1 judge, 1 MOJ regional February coordinator, 1 representative from the local authorities, 1 youth (F: 5; M: 14) 2021 representative, 2 community representatives (woman leader and IDP representative), 1 ADR coordinator, 1 ADR clerk. Baidoa 17-21 19 10 adjudicators, 1 police officer, 1 district court officer, 3 February representatives of a local organisation, 1 representative from a (F: 8; M: 11) 2021 minority community, 1 representative from the Bar Association, 1 ADR coordinator, 1 ADR clerk. Beledweyne 23-27 20 10 adjudicators, 1 police officer, 1 district court officer, 4 March representatives of civil society organisations, 1 representative of (F: 6; M: 14) 2021 the local administration, 1 delegate from the MOJ, 1 ADR coordinator, 1 ADR clerk.

The training covered the following topics: (i) the National ADR Policy principles and ADR skills; (ii) mandate and jurisdiction of the ADR Centres; (iii) role and responsibilities of the ADR team; (iv) hearing process and referral; and (v) Code of Conduct.3 Additionally, the training provided content on and insight into: (i) lessons learned from the past experience in managing the ADR Centres; and (ii) how to solve disputes efficiently. All participants also received a copy of the SOPs and the CoC in Somali. The training was delivered using a participatory approach: in addition to the frontal instruction, the trainer facilitated group discussions, group exercises and used case studies to foster participants’ practical skills and allow them to practically experience and apply the content of the SOPs. At the end of the training sessions, participants were asked to perform an exit test to measure their level of understanding of the training subject. The results of the test showed an average rate of 85% of correct answers. Participants were also requested to fill in a post-training self-evaluation questionnaire to assess their level of satisfaction towards the training and their increase of knowledge and skills. The evaluation revealed that participants were satisfied with the level of knowledge acquired and were able to: (i) familiarise with the principles of the National ADR Policy and contents of the SOPs; (ii) identify cases within and outside ADR Centres’ jurisdiction; (iii) apply a unified system of data recording through the use of the Compliant Registration Form; (iv) familiarise with pathways for case referral for formal authorities and support services for gender-based violence (GBV) cases; and (v) recognise principles of the CoC to be applied when performing their duties. All participants declared to be fully satisfied with the training and that it fully met their expectations. Certificates of attendance were handed over to all participants during a closure ceremony attended by high representatives of the respective MOJs: the Minister of Justice (South Galkayo), his representative (Abdwak), and the Director General of the MOJ (Beledweyne). In Baidoa, the Minister sent a delegation of four (4) representatives to open the training. The closing ceremonies were followed by the official inauguration of the ADR Centres. The events were opened and chaired by the respective ministerial delegations and were attended by community representatives such as elders and community leaders, women leaders, representatives from the formal justice system, the police

3 The CoC is meant to guide elders and religious leaders on the application of the judicial principles while adjudicating and to avoid and report a conflict of interest.

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and the local administration. All ceremonies were broadcast on radio and TV at community level with the objective to promote the visibility of the ADR Centres. At the end of the training in Abdwak, the National ADR Coordinator travelled to Dusalmareb (capital of Galmudug State) to meet with the Coordinator of the UNDP-supported ADR Centre. The objective of the meeting was to strengthen their relationship and sensitize the Dusalmareb ADR Coordinator on the adoption of the SOPs. In fact, despite the general agreement from the FMS to adopt an ADR standardised system and procedures, no substantial actions have been taken so far by the respective Ministries to promote the SOPs in the Centres established under other programmes. IDLO will continue to follow up and advocate for an extended application of the SOPs in all ADR Centres, including those not directly supported by IDLO. As mentioned in the previous report, the role played by the National ADR Coordinator shows increased national capacity to train Somali ADR professionals and witnesses the reference role in promoting standardised ADR procedures in all ADR Centres regardless of their funding origins. On the other side, the FGS has a role of advice and coordination on ADR but cannot enforce the application of the SOPs in the FMS, in light of the federal system of the country and tensions between the FGS and FMS. There is not yet an institutionalised system in place to promote a common approach, regular coordination, share good practices and challenges. To overcome this challenge, further to IDLO’s input, the Federal MOJ established a periodical ADR National Working Group (WG) under its leadership, co-chaired by UNDP and IDLO. The objective of the WG is to institutionalise a platform for the exchange of information and cooperation with FMS and ADR stakeholders. The first meeting of the WG was held online on 18 March 2021, and was attended by representatives of IDLO, UNDP and UNICEF, as well as the Director General of the Federal MOJ, the National ADR Coordinator, and the Directors General of the MOJs of Puntland, Jubaland, Southwest, Galmudug and Hirshabelle States. The WG meetings are expected to take place on a quarterly basis.

Output 2: ADR justice mechanisms’ compliance with the Constitution of Somalia, Somali laws and international human rights standards improved Adopt a Code of Conduct (CoC) for ADR Centre adjudicators to improve practices of informal justice systems As at the end of the reporting period, all ADR Centres established under this programme adopted the CoC. Forty (40) ADR adjudicators (F 11; M: 29) in Abdwak, Galkayo, Baidoa and Beledweyne were trained on the principles and application of the COC as part of the broader training delivered on the SOPs under Output 1.

Output 3: Gender equity in ADR process enhanced Enhance community awareness of the services provided by the ADR Centres., including for women At the beginning of February 2021, IDLO signed a service contract with SBC Somali TV and Radio to implement a three-month radio campaign aimed at promoting visibility and raising awareness on the new ADR Centres. SBC Somali TV and Radio will broadcast three (3) times a day in pick- hours, a radio spot and 30-minute radio programmes (one for each month) over a period of three (3) months. After an inception period meant to prepare and recording the spot and the radio programmes, the campaign started in mid-March 2021 and is expected to end in mid-June 2021. At the same time, IDLO started the procurement process to identify a radio service provider in the other FMS. The process is expected to be finalised during the next quarter. In February and March 2021, the ADR clerks and adjudicators started visiting the IDP camps located in the neighbouring areas to conduct outreach activities and invite IDPs, one of the most vulnerable groups and more in need of justice services, to benefit from the services of the ADR Centres. Despite

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the IDP camps are not far from the ADR Centres, this distance (generally between 5-10 Km) might be challenging for the IDPs due to the transportation costs. Therefore, some ADR Centres, like those in Abdwak, Galkayo and Dolow, started conducting regular visits to identify cases and bring them to the ADR Centres. However, the ADR Centres, particularly the one in Galmudug, informed IDLO that, in the medium term, it might be difficult for the adjudicators to increase the number of visits to the IDP camps due to the additional costs for transportation not originally foreseen. During the next quarter, IDLO will continue to monitor these outreach activities to understand if and what type of extra support is needed. The visibility of the new ADR Centres has also been promoted by broadcasting the ADR Centres’ opening ceremonies on local media. The attendance by high-level MOJ representatives, traditional leaders and representatives from the local administration has been a source of public endorsement towards the ADR Centres and is expected to positively contribute to building trust around them. Finally, all new ADR Centres displayed an external banner located on the main façade to enhance their visibility – except the Centres in Galmudug, which will be provided with the banner during the next quarter. Enhance access to information and advice about legal and related services for justice seekers and victims, specifically, rights, and about ADR methods, including for women To enhance gender equality and equity in ADR processes and foster the ADR Centres’ capacity to manage cases concerning women, IDLO foresees the engagement of one community paralegal in each ADR Centre. In March 2021, the ADR Units identified and started the recruitment of female community paralegals (one for each location). IDLO supported the recruitment process by developing the terms of reference and sharing the interview guide and template to be used for the interviews. Early next quarter, the FMS MOJs will finalise the hiring process of the community paralegals and conduct an induction focusing on the duties and responsibilities of the paralegals in the ADR Centres.

Output 4: Knowledge of ADR processes and practices across Somalia enhanced Undertake in-the-course and ex-post impact assessments of the ADR Centres’ enactment In addition to the regular coordination meetings with the ADR Units, IDLO receives regular monthly reports by the ADR Coordinators. In order to improve the quality of the reports and type of information provided, and to report against set indicators, IDLO developed a new reporting template and delivered a training on reporting. The ADR team started using the new template in February 2021. Despite these efforts, the main challenge is the limited proficiency in written English, which affects the overall quality of the reports and the lack of experience in writing result-oriented reports. In order to foster the capacity of the staff, IDLO plans to conduct a training on monitoring and result-oriented reporting during the next quarter. It is worth mentioning that in January 2021, IDLO published online the research study: ‘Accessing Justice: Somalia’s Alternative Dispute Resolution Centres’ as a result of data collection and analysis conducted in 2019 and 2020 over the six (6) ADR Centres currently supported by IDLO under the “Somali Joint Justice Programme”.4 The study shares lessons learned and provides recommendations for further engagement on ADR, which are currently considered by this programme. The tools developed under the research are currently under revision to be used during the second part of the year for the in-the-course and ex-post impact assessment.

4 The programme is funded by the European Union, the Governments of the Netherlands, Sweden and the United Kingdom Foreign, Commonwealth and Development Office (FCDO) through UNDP.

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III. CHALLENGES AND LESSONS LEARNED

COVID-19 Impact: The COVID-19 pandemic and related restrictions Reported COVID-19 Cases in Somalia on movement continue to impact October 2020 - March 2021 programme implementation. 5000 4141 During the reporting period, 4000 2473 Somalia faced a dramatic increase 3000 of reported COVID-19 cases as 2000 510 shown in the graphics below. 1000 353 263 70 Numbers remain highly 0 underestimated due to the lack of Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 capacity of the health system in the Reported Cases Each Month country. As a consequence, Government offices closed and the population was requested to exercise cautions, avoid public places, and maintain physical distance. COVID-19 is worsening the economic status of the population in addition to other structural problems caused, among others, by floods, droughts and locusts. Despite the situation, the FMS opened the ADR Centres as foreseen, recommending the adoption of all the necessary preventive measures. It is however difficult to keep the communities’ attention on COVID-19 preventing measures. IDLO responded by procuring COVID-19 personal protection materials for the ADR Centres and sensitizing the respective ADR Coordinators to monitor the implementation of COVID-19 protocols in the Centres and to exercise caution being the ADR adjudicators particularly at risk due to their age. Political transition and upcoming elections: During the reporting period, the ongoing talks and negotiations around the political elections expected to take place in 2020-20215negatively impacted programming. The situation escalated in February 2021, due to the decision of the Federal Parliament to further postpone the political elections by two (2) years. Protests, riots and armed clashes took place in the streets of Mogadishu affecting the mobility and accessibility in the capital as well as further damaging the mutual trust and collaboration between FGS and FMS around the upcoming elections. In terms of programmatic impact, this reflects into mistrust among some institutional stakeholders of the programme towards the FGS. Procurement issues: As mentioned in the Executive Summary above, the COVID-19 pandemic is affecting prices in the local market and the availability of goods. In order to mitigate the increased risk of counterfeit products, IDLO increased the eligibility criteria and number of documents that vendors have to submit during the tender process. Unfortunately, it is challenging for the national companies to immediately comply with such criteria, thus necessitating further follow-up from IDLO. This results in longer procurement processes to award the contracts. In February 2021, pending the signature of the programme amendment, IDLO put on hold all the procurement activities under this programme and could not award the contract for the ICT devices as planned. A new open tender was launched on 31 March 2021. To mitigate the impact of such delay in the operations of the ADR Centres, particularly to ensure that cases are regularly registered, IDLO procured a printing service for the complaint registration forms and other printing material that the Centres might need.

5 Political elections in Somalia were initially expected to take place in 2020, before the end of the term of President Farmajo on 8 February 2021. Several talks and negotiations were conducted in 2020 between the FMS and the FGS to agree on the electoral system. Only on 17 September 2021, the parties agreed on a revised election procedure, with the clan elders voting the members of Parliament who would then vote the new President. It was also agreed to hold elections at the end of 2020. The tentative date was later postponed to February 2021.

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Delayed procurement of ITC devices: The programme foresees the purchase of ICT devices (one computer and printer) for each ADR Centre and Unit.

IV. CONCLUSION AND WAY FORWARD

Despite the challenges faced during this quarter, the programme continued to progress considerably with the following results being recorded: ▪ Operationalisation of the remaining six (6) ADR Centres and establishment of operational linkages with the formal justice institutions. At the end of the quarter, all nine (9) ADR Centres foreseen under this programme were fully operational and started to receive and adjudicate cases; ▪ Recruitment of nine (9) community paralegals to be embedded within the ADR Centres; ▪ Delivery of four (4) training sessions on ADR SOPs, with the support of the Federal MOJ, in Abdwak and Galkayo (Galmudug), Baidoa and Afgoye (Southwest), Dolow (Jubaland) Beledweyne (Hirshabelle). A total of 78 ADR adjudicators, staff and stakeholders were capacitated on the work of the ADR Centres, area of jurisdiction, adjudicating process and agreement, data recording and referral as well as the principles of the Code of Conduct; ▪ Launch of a three-month radio campaign in Puntland and procurement process to identify of radio service provider in the other four (4) FMS to raise awareness on the establishment of ADR Centres and the new justice services available at community level. In the next quarter, programme implementation is expected to slow down due to COVID-19 increased restrictive measures and the Ramadan period (13 April – 12 May 2021). The programme will mainly focus on: ▪ Delivery of two (2) training sessions on ADR SOPs for approximately 38 ADR adjudicators and stakeholders in Dolow and Afgoye; ▪ Launch of the procurement procedure to develop the online database aimed at registering, analysing and reporting data related to the cases managed by the ADR Centres; ▪ Finalisation of the procurement process for the purchase of ICT devices; ▪ Implementation and finalisation of the radio campaign in Puntland; ▪ Launch of the awareness raising campaign in the other FMS; ▪ Training of community paralegals and ADR staff to foster their practical skills and performance at work; ▪ Recruitment of the Legal and Gender Experts to deliver the next trainings envisaged under Outputs 2 and 3; and ▪ Development of the roadmap for the in-the-course and post-impact assessment, and finalisation of the revision of data collection tools.

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ALTERNATIVE DISPUTE RESOLUTION SOMALIA

IATI PROGRAMME RESULTS

Result 1: Somali ADR System reformed and modernized Type 1 - Outcome Aggregation False status Title Somali ADR System reformed and modernized Indicator ▪ # of cases received by the ADR Centres ▪ % of cases involving women ▪ # of individual persons listed as parties (complainants, defendants, or otherwise) in cases registered in the ADR Centres ▪ # of cases referred to the formal justice system ▪ # of GBV cases referred to the formal justice system Baseline ▪ 0 ▪ 0 ▪ 0 ▪ 0 ▪ 0 Period January 2019 – March 2021 Target ▪ n/a ▪ 40% cases involving women ▪ 3,850 individual persons listed as parties (complainants, defendants, or otherwise) in cases registered in the ADR Centres ▪ n/a ▪ n/a Actual ▪ 282 ▪ 40% ▪ 439 ▪ 3 ▪ 0 Result 2: Establishment and operationalisation of ADR Centres in the nine (9) target areas and establishment of ADR Units within the state Ministries of Justice Type 1 - Output Aggregation False status Title Output 1: Linkages between state and ADR justice mechanisms strengthened Indicator ▪ # of ADR Centres established ▪ # of ADR Units established ▪ # of ADR Centre clerks recruited ▪ # of ADR Centre coordinators recruited Baseline 0 Period January 2019 – March 2021 Target ▪ 9 ADR Centres ▪ 5 ADR Units ▪ 9 ADR Centre clerks ▪ 6 ADR Centre coordinators Actual ▪ 9 ADR Centres ▪ 5 ADR Units

▪ 9 ADR Centre clerks ▪ 6 ADR Centre coordinators Result 3: ADR adjudicators and community stakeholders are able to implement the SOPs of the ADR Centres and apply a unified system of written records as well as referral mechanism Type 1 - Output Aggregation False status Title Output 1: Linkages between state and ADR justice mechanisms strengthened Indicator # of ADR adjudicators and community stakeholders trained Baseline 0 Period January 2019 – March 2021 Target 170 Actual 138