Institutionalizing Non-State Justice System in the Somali Region
No Thumbnail Available
Date
2023-11
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
This paper conducted with the objective of examining institutionalizing non-state justice system in the Somali region. As such it is aimed to examine the nature, process, and function of the non-state justice system among the Somali people and explore alternatives to institutionalize the non-state justice system in-to the state-led system. To do so, the researcher employed qualitative research methodology. Interview, case study and document analysis used as a source of data. The findings of the study show that, the home-grown legitimacy of the Somali non-state justice system, the historical and political background of the region made the Somali non-state justice system preferable conflict resolution system than the state justice system. Moreover, the research revealed that the adjudicative power of the elders beyond legally recognized jurisdiction and its effectiveness to ensure peace and security of the region. However, even though the Somali non-state justice system plays a pivotal role to settle conflicts, it has limitations which would constrain to effectively ascertain justice in the region. The first limitation is legislative restriction of jurisdiction. The second limitation is lack of compelling power to enforce the decisions of the non-state justice system. Finally, its discriminatory aspect in terms of human rights. Therefore, the findings of the study suggest that, to overcome the limitations and maximize its effectiveness; first the non-state justice system of Somali region should have to get formal legislative recognition over criminal cases and intraclan conflicts. Secondly the state should provide the necessary finance and capacity building trainings and create a conducive environment to exercise their power according to the cultural context.
Description
Keywords
State Justice System, Non-State justice system, Institutionalizing, Somali Region