and noted that just over one out of ten Somali children will not live to see their fifth birthday.42 A 2014 joint report by the WHO Regional office (WHO-EMRO), WHO Country office, University of Aberdeen, and Data and Research Solutions (DARS), reported that a maternal death was occurring in Somaliland approximately every six hours.43 The Tropical Health and Education Trust (THET) has identified, “lack of access to primary healthcare, inadequate quality of service provision, poor hygiene and sanitation, and low supply levels,” as some of the key obstacles to improving health standards in Somaliland.44 With the majority of the population living in isolated, rural areas of the country, many pregnant women are unable to access healthcare.45 Community Health Workers (CHWs) could provide a lifeline to these communities. However, like the education system, Somaliland’s healthcare system is primarily reliant on private individuals, companies and NGOs, which again, means that most women will not be able to afford the healthcare they need.46
Access to Justice One of the key institutions in Somaliland that perpetuates the oppression of women is the customary law system known as “Xeer.” “The unwritten but powerful Somali customary law, Xeer, is made by clan leaders or elders, selected for their assumed wisdom, courage, experience and knowledge to arbitrate disputes and deliver verdicts. The elders, Guurti, assigned to hear and decide cases, are exclusively men. Their decisions are legally binding and set precedents for similar subsequent cases. Every decision is therefore a law, passed down from generation to generation as oral tradition.”47 According to Somaliland human rights lawyer, Guleid Ahmed Jama, “Xeer remains the main source of law in Somaliland, particularly in rural and remote areas where government presence is scarce.”48 The Xeer system is one of the three legal systems, which theoretically operate parallel to each other in Somaliland. The other two systems are statutory law and Shari’a law. Article 5(4) of the Somaliland Constitution dictates that customary and statutory law cannot contradict Shari’a law, however in practice, this is not always the case, and there is no indication as to which school of thought regarding Islamic jurisprudence Article 5(4) refers.49 In reality, Somaliland’s parallel legal system allows for those in the country with vested power to escape accountability by picking and choosing the legal system that is likely to give them the most favorable outcome often
Mortality rates among world’s highest in Somaliland, 2012 Somaliland Women of Reproductive Age Mortality Survey 2014 44 Tropical Health and Education Trust 45 Tungaraza, 2010 46 Ibid. 47 Jama, G, 2019 48 Ibid. 49 SIHA Network, 2015 42 43
Reflection on Gender Equality Agenda in Somaliland
Page No. 16
