Mohamed Dhoore / Somalia
This important research explores the foundations and challenges surrounding the establishment of a just legal system in Somalia and offers valuable insights into strengthening judicial independence and the rule of law, said the permanent secretary of Somalia’s Ministry of Justice, Faisal Adan.
The launching event featured in-depth panel discussions that focused on the practical pathways towards building a credible, impartial, and effective justice system—one that upholds the rights of all citizens and operates free from external influence.
The study examined how Somalia can bridge the gap between its constitutional ideals and the justice deficit by building strong institutions, fostering democratic principles, and harnessing its cultural commitment to fairness.
Leadership shortcomings have further obstructed the development and enforcement of societal and religious norms that could support the legal frameworks necessary for establishing the rule of law. Ongoing insecurity and the inadequacy of the existing legal system have prevented the meaningful application of justice-related concepts, keeping citizens from achieving tangible justice outcomes, the study reveals.
To reform Somalia’s justice sector, representatives from the member states, Mogadishu, and the federal government must first find a political solution to address the system’s failings. The immediate priority is to disentangle the judiciary from the executive branch and recognize it as an independent branch of government. Other essential political steps include agreeing on a court structure, establishing the Judicial Service Commission (JSC), forming the Constitutional Court, and amending the Constitution where necessary, the study suggests.
