UK support to Somalia’s Justice System’ – governance and Rule of Law go beyond the justice programmes
Harriet Mathews
Good governance, economic development and security forces that maintain order without repression are among the fundamental building blocks of a stable, peaceful democracy. But it’s the rule of law, and by extension, competent, capable and independent justice systems, that are the mortar holding it all together.
The UK is driving a number of key justice sector projects in Somalia. We are helping support mobile courts and access to justice projects; literally bringing the courts to places and people who would otherwise not be able to access the formal justice system, in order to tackle the causes of conflict at root and give the vulnerable and marginalised the opportunity to assert their rights. From the original pilot project in Puntland in 2009, mobile courts now operate in nine regions of Somalia.
We’re also a major supporter of the construction of the Mogadishu Prison and Court Complex. Due to start operation in mid-2017, it will be a facility where high risk prisoners can be held securely in conditions that meet international standards, and where judges, prosecutors and defence lawyers can access high security courtrooms and accommodation.
The Criminal Justice Programme at the Embassy delivers training and support to senior prosecutors and the judiciary to enhance their ability to handle serious criminal cases in accordance with Somalia’s international human rights obligations. We also provide technical assistance and support to the Somali Federal Government on legal reform in areas that reflect the UK’s values and our wider global engagement: counter-terrorism, illegal migration, ending female genital mutilation and removing impunity for sexual violence in conflict.
Are we making a difference? A perception survey commissioned by the UN Development Programme reported on 21st September 2016 that 61% of Somali respondents believed the justice system had improved in the last 12 months. 73% reported being satisfied with the justice system as a whole (despite its limitations). Clearly the UK can’t take all the credit for these figures, but we can be proud of the considerable role we play in support of Somali justice sector reform.
The work isn’t easy. Formidable obstacles remain. We don’t yet know what future form the Somali justice system will take or where the boundaries of legal jurisdiction will be drawn. Wide ranging legislative reform will have to be a priority for Somalia’s next Parliament. The creation of mechanisms to appoint and oversee an independent judiciary is still a work in progress. We recognise that traditional dispute resolution is an integral part of Somali culture, but we need to work out how it can be made more accessible, guarantee fundamental rights and freedoms and occupy a space that is complementary to, and not an alternative to, formal justice systems.
Nevertheless the permanent presence of the criminal justice teams at the British Embassy in Mogadishu and the British Office in Hargeisa give us a considerable head start in understanding the problems and being realistic about what can be done to solve them.
The UK and Somalia share a common interest in tackling transnational crime and terrorism – threats that restrict Somalia’s own development as well as harming the wider region. I’m encouraged by the direction of travel for Somalia’s justice system and hope that – by working closely with the Somali people and our international partners and setting long term objectives – the UK will continue to make a difference.
