IDLO – ACCESSING JUSTICE: SOMALIA’S ALTERNATIVE DISPUTE RESOLUTION CENTERS
“Previously, we were not able to come to the table even if we were needed. We were asked our thoughts privately and only our thoughts were brought, without giving us the chance to participate at the dispute settlement tables. Now, we have educated girls and women, and we have been given the chance to sit at the table with the men. Even if we are few in number, our thoughts make sense.” Female Adjudicator
B. ACCOUNTABILITY Roles and responsibilities of Adjudicators Roles within the adjudicating Panel vary and are assigned by Adjudicators themselves, thus leaving a level of discretion and flexibility in operations. Indeed, while the ADR Coordinators, Clerks and paralegals have clear terms of references, and are recruited through advertised positions and sign a renewable contract, Adjudicators have no written terms of reference detailing their role and duties. However, when asked if they received training, all but one ADR actor interviewed affirmed having received some level of training, and 84 per cent reported implementing knowledge acquired through training often or very often in their work. Accordingly, Adjudicators showed a clear understanding of their function: 92 per cent of respondents indicated their role and responsibilities were to resolve disputes or deliver justice through a fair process. Preserving the legitimacy of the ADR process and community trust
also emerged as understood priorities. In this regard, respondents mentioned the need for a transparent and corruption-free process. Professionalism and due diligence were also recognized as important, particularly respect for the working schedule and fulfillment of the mandate. Further, emphasis was placed on the need to preserve community peace and stability, building consensus among parties, and ensuring everyone is satisfied with the outcome. Significantly, some respondents noted the importance of providing a forum where parties are listened to carefully and equally, and of adjudicating impartially, avoiding conflict of interest. Some stressed the need to ensure that the most vulnerable have access to justice and that Xeer is in alignment with human rights standards. Finally, the majority of ADR actors consider positively a monitoring and oversight role for paralegals to increase accountability of the ADR process, with 85 per cent of respondents indicating that this would be useful.
“Adjudicators are the community leaders. They have the trust of the community. And they are the most skilled in resolving disputes in this district. Their responsibility includes setting up an adjudicating Panel for cases and resolving them.” “Adjudicators have been trusted to provide justice to the community. They are the mirrors of the people. Their responsibilities include being transparent and avoiding corruption.” “Our responsibilities include refraining from adjudicating a case that involves a friend or relative to avoid a conflict of interest; speaking separately with one of the parties of a case; and listening to one party attentively and not the other during the hearing. We should avoid anything that can create distrust among the parties.” “The ADR Center is one that links sharia and traditional Xeer to national and international laws. Provision of fair adjudication and advancing peace and stability are the responsibilities of Adjudicators.” “The role of Adjudicators is to promote justice in society. To advocate for marginalized groups, they should be fair […] They should be mediators and also help the government spread justice.” ADR actors
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