IDLO – ACCESSING JUSTICE: SOMALIA’S ALTERNATIVE DISPUTE RESOLUTION CENTERS
Figure 3: Dimensions of justice framework (Danish Institute for Human Rights)
STRUCTURAL
A. Participation
PROCEDURAL
C. Due process D. Verifiable evidence
B. Accountability
NORMATIVE
F. Protections for the vulnerable
E. Adjudicative impartiality
In the Somali context, these three dimensions were analyzed through a layered approach drawing from: 1. National policy: to assess whether Centers are operating in alignment with national policy objectives and operating procedures across all dimensions as detailed in the 2016 National ADR Policy and the 2019 SOPs. 2. Human rights: to assess compliance, especially towards non-discrimination and gender equality, regional and global human rights standards were utilized in relation to procedural dimensions to assess compliance, especially towards nondiscrimination and gender equality, including “whether parties to a dispute are treated equally, that their case is decided by a person with no interest in the case, who is obliged to render a decision solely on the basis of fact and objective rules rather than on personal preferences”.63 Additionally, the analysis relates to structural (participation) and normative dimensions, reviewing the practices and decisions of the Centers through the lens of international human rights standards for non-discrimination and equality, particularly for women and children.
3. SDG 16: to assess access to justice for all, SDG 16 targets were utilized in relation to structural (accountability) and normative dimensions and whether justice services offer quick, effective and fair responses to protect rights, prevent or resolve disputes, and control abuse of power through a transparent and efficient process that is available, affordable and accountable for all.64 Addressing gender-based violence against women It is well established that gender inequality is a concern in Somalia. The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) provides for the obligation of States to ensure that women have access to remedies, in particular, access to competent, gender-sensitive dispute resolution systems.65 Regionally, the Protocol on the Rights of Women in Africa (African Protocol on Women’s Rights), an accompanying protocol to the African Charter on Human and Peoples’ Rights (African Charter), advances the protection and the promotion of the rights of women in Africa, particularly in the context of customary justice systems, as shown in Table 3.
63 Ibid. 64 IDLO, Practitioner Brief: Engagement with Customary and Informal Justice Systems (IDLO, 2019), p. 24, available at: https://www.idlo.int/sites/default/files/pdfs/publications/IDLO-Practitioner-Brief-Customary-and-Informal-Justice-web-FINAL.pdf. 65 CEDAW, Articles 2(c), 3, 5(a), 15 and 16. See also IDLO, Navigating Complex Pathways to Justice: Women and Customary and Informal Justice Systems (2020).
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