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Somalia: Alternative Dispute Resolution Somalia Idlo 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 ___________________________ 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 ii 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. 1 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
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