The Role of the Judiciary in the Administration of Justice in Somaliland Judicial System

ABSTRACT This study reviews the literature judicial system in Somali/and and in particular reviews the experiences, challenges and capacity gaps in servfrig the criminaljustice system. The study finds there i~ a There has been much focus in recent years on reform of the formal justice sector institutions in Somailland (the Courts, Attorney-General Departmen4 Mi’iistry ofJustice), culminating in a National Justice Reform Strategy 2008 and Action Plan for frnplementation in 2009. Institutional reform of thLc nature alone (addressing the supply of justice services) wlll not be sufficient to enhance publlc confidence in and access to the justice sector. What i~ also needed i~ a dear understanding of the demand forjustice reform namely the barriers to and challenges facing those fridividuals who wi~h to access justice and how their demands and needs can best be addressed. As a result of low public confidence and limited access to the formaljustice system, the majority ofjustice or legal problems continue to be solved at a community level through kiformaljustice mechanisms. Improving people ~ confidence in the judicial system and improvhig the quality and independence of the system requires investing h’i the capacity ofjudici~ry personne~, expanding the reach of the courts beyond the urban centres and improving access to the formal courts, induding through the provision of legal aid Particular attention must be paid to the most marginallzed and vulnerable, induding victims of sexual and gender based violence (SGBV) who often has llttle recourse to the formal legal system. Currentjudicial sector performance is~ hampered by inadequate and/or out-dated policies and laws, irisuffidently resourced judges and courts, a shortage of skilled legal professionals, a lack ofquallfiedjudges. and a weakjudici~l institutional structure.