Publication: Analysis of the role of international community in restructuring Somalia’s regional goverments legal system: a case of Somalia mainland
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2024-02
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Mount Kenya University
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Abstract
One of the most important problems facing modern Somalia on its way to security and
rebuilding is the lack of a fair and equal justice system. The general objective of the study
was to analyse the role played by the international community in the restructuring of the
legal system in Somalia Mainland. The specific objectives were to; determine the status
of the Somali’s Legal systems, examine the role of international community in
restructuring the legal system in Somalia Mainland, determine the key international
players with initiatives in the justice sector, examining their programs and their purpose
of fit in restructuring the justice sector in Somalia Mainland. The study was guided by
the theory of Change, Institutional Theory and Stakeholder theory. The study employed
case study design. The study was deemed useful in understanding the status of the Somali
Legal systems, the role of international community in restructuring the legal system in
Somalia and role of Key International players in the restructuring the justice sector in
Somalia. The target population comprised 30 participants made up of 4 government legal
experts (attorney general and solicitor general), 2 legal scholars from City University of
Mogadishu, 3 law reform officials, 9 NGO and UN representatives, 7 civil group officials
and 5 clergymen. Purposive sampling was used to select the 4 government legal experts,
2 legal scholars from City University of Mogadishu, 3 law reform officials, 9 NGO and
UN representatives, 7 civil group officials and 5 clergymen. Data collection was based
on two major methods, document analyses and in-depth interviews. Content analysis
involved identifying, analyzing and interpreting patterns of meaning within qualitative
data and reporting them in prose form. The text transcript data synthesised similar ideas
were put together based on the themes outlined in the research objectives. The findings
revealed that that the Somali legal system is a complex and hybrid structure that
combines elements of customary law, Islamic law (Sharia), and formal statutory law
inherited from the colonial era. The findings also showed that the international
community has been actively involved in providing legal training and capacity building
to Somali legal professionals and institutions. Finally, it was established that UN, The
European Union (EU), The United Kingdom (UK), and African Union Mission in
Somalia are the main international players and have played a pivotal role in the
reformation of the justice sector in Somalia through various agencies and missions. The
study concludes that Somali mainland legal system remains a complex and evolving
amalgamation of customary law, Islamic law, and formal statutory law. While significant
progress has been made in recent years to restructure and strengthen the justice sector,
numerous challenges persist. The study thus recommends that to enhance the immediate
Somali mainland legal systems, stakeholders should focus on harmonizing the various
sources of law, ensuring consistency in the application of customary law, Islamic law,
and statutory law.
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problems, facing, modern, Somalia