Expanding Access to Justice in Somalia
Accessing justice services in Somalia is extremely difficult - the country has not had a fully functioning judiciary since the collapse of the central government in 1991.
Though there are strong customary justice structures, they usually fail to provide fair justice outcomes for women, the marginalized and the vulnerable in Somali society. The Federal Government of Somalia (FGS) has made efforts to reform its fledgling justice system but Somali communities face long-standing challenges caused by a lack of justice institutions and pathways. The presence of al Shabaab also dramatically hinders the development of the justice sector in southern Somalia.
USAID’s Expanding Access to Justice (EAJ) aimed at improving access to justice and mechanisms to promote better access to formal justice channels. The EAJ project was a 5-year pilot program implemented by Pact and the American Bar Association Rule of Law Initiative from 2018 to 2023. This USAID project helped Somalis navigate the justice system, including a lack of legal knowledge and empowerment and Somalia’s multiple and overlapping legal pathways.
USAID worked closely with Somali organizations who provide options for people to access justice in their communities. Local organizations including the Somali Women Development Centre and the Somali Community Action Group work with lawyers, community based paralegals , court user committees, and community based jury (where members from the local judiciary and citizens sit together to hear issues).
We created youth and women groups as justice promoters who educate communities on reporting people facing injustice and support them throughout their justice journey.
They inform the nearest police station when an incident happens and support them through the courts.”
- Maryan Daqal Hussein, Justice Promoter
Community to Community Support
Maryan Daqal Hussein works with Somali Women Development Center (SWDC) as a Justice Promoter on human rights and women's empowerment activities. “We were formed to respond to the needs of specific groups. Particularly those from women, youth and marginalized groups,” she said.
In Mogadishu, SWDC works with the Madina hospital that supports survivors of sexual and gender-based violence. They work with communities to identify cases, provide counseling and medical support to survivors and support reporting with the police and court system to find justice for survivors.
“One of the outcomes from the USAID program was the creation of community-based jury system that the people trust and which responds to the justice needs of the public,” said Maryan. "I have a connection with the community, I can’t just pass by when I see a kid crying, a mother in deep thought huddled in a corner. I have to get to them, make a personal connection and help them open up to convey their needs.”
Access in the Hardest to Reach Communities
Access to justice is even harder for the millions of internally displaced people (IDPs) in Somalia. USAID prioritized pathways for vulnerable populations, like internally displaced people, to address grievances within the justice sector through support of community-based ‘justice promoters' (similar to paralegals).
USAID trained 107 justice promoters who are embedded in communities across the country. The justice promoters support IDPs by conducting house-to-house justice awareness sessions, helping people report critical cases, and helping people find the right justice pathways.
Expanding Justice Services in a Blockaded City
Hudur (in south western Bakool region) is a town under siege - surrounded by areas controlled by al-Shabaab. Accessing justice is a huge challenge for people living here. There are very few available avenues for justice in Hudur, and people cannot travel to other areas due to limited road transport due to the Al-Shabaab blockade.
Justice services in Hudur were being conducted at informal locations which lacked privacy, often under trees or in public areas - as there were no distinct courts or offices for judges or prosecutors. The community knew this was a key gap, and came together to build a court house. USAID support then helped train judges and judicial officers, equip courts, and supported policy formulation for better justice services. USAID worked to empower local justice organizations to strengthen the justice system, provide more information to community members about how and where to access justice, in order to resolve cases before they escalate into conflicts.
Primary TextWe created youth and women groups as justice promoters who educate communities on reporting people facing injustice and support them throughout their justice journey."
- Maryan, Justice Promoter
Primary TextLegal aid awareness organizations are playing an important role in raising awareness for communities to seek justice and settle grievances through the courts."
- Hassan Abdikadir Mohamed, Minister of Justice and Judiciary Services Southwest State
Primary TextUSAID's EAJ project did commendable work in Hudur's justice system, starting with the training of judges from across the South West. Bringing together these judges has enabled knowledge and experience sharing.”
- Ahmed Ali Muuse, Chief Justice, South West State of Somalia
Primary Text"Through USAID interventions, people are now more aware of their justice options. IDPs are now coming forward to report their cases and seek justice solutions."
- Hasna, Justice Promoter in Hudur
ABOUT USAID SOMALIA
Since 1991, Somalia has experienced chronic food insecurity, widespread violence, and recurring droughts and floods. The social costs have been enormous, leaving Somalia with some of the lowest human development indicators in the world. Sustained life-saving assistance, coupled with interventions aimed at strengthening local governance, creating lasting peace, and building resilience, are critical to help Somali communities and reach the most vulnerable.
Despite the many challenges, Somalis are forging a promising path forward. USAID supports Somalia's aspirations for durable stability, democracy, and prosperity. USAID works to prevent and counter violent extremism and to build resilience to mitigate chronic humanitarian needs. Furthermore, USAID commits to target socially marginalized Somalis in a defined geographic focal zone and work toward shared humanitarian and development objectives in key sectors including governance, stabilization, education, economic growth, and resilience.