Stage is set for justice reform in Somaliland

A five-day workshop in March produced a landmark 10-point Declaration that sets the stage for justice reform in Somaliland.Covering such issues as ensuring the judiciary has adequate facilities in which to practice, the need for a judicial code of conduct, reform of outdated and incompatible laws and the requirement to draft new laws, the document was drafted by UNDP on behalf of the Somaliland Ministry of Justice. The process was highly consultative, involving not only key justice personnel, but also traditional elders, NGOs, civil society, religious and business leaders.   Now that Somaliland has adopted the ten point agenda on justice reform, UNDP will help the Ministry of Justice and key justice figures to translate it into a detailed action plan. UNDP Judiciary project manager, Antonia Mulvey, said, “Assigning responsibility for activities, monitoring, budget and timeframe is crucial.” Declaration Somaliland’s Ten Point Agenda for Justice Reform Strategy 5 March 2008 We, the representatives of Somaliland gathered from 28 February to 4 March 2008 in Hargeisa, affirm our support and commitment to the Declaration on National Justice Reform adopted on 5 March 2008 and hereby agree and recognize the importance of a National Justice Strategy that is committed to provide access to justice and rule of law to the people of Somaliland. 1.Recognising the importance of an independent and adequately financed judiciary    in which judges have security of tenure (including appointment, transfer, promotion and dismissal) and are empowered to make competent and impartial decisions without any interference.   At the same time recognizing the importance of an accountable and responsible judiciary guided by a Code of Conduct. 2.Ensuring that the key legal institutions including the Judiciary, the Ministry of Justice, the Attorney General’s office, the High Judicial Committee have adequate means to professionally perform their duties including, legal education, infrastructure of buildings, equipment, transport, communications and administrative costs. 3.Recognising the need for legislative reform of outdated and incompatible laws with the Somaliland Constitution and the requirement to draft new laws.     These processes will be undertaken under the auspices of a Law Reform Commission.  Agreed priority laws to reform include, but not limited to: Penal Code, Criminal Procedures Code, Civil Code and Civil Procedures Code and Organisation of the Judiciary Act.  Agreed priority laws to draft include, but are not limited to Civil Registers and Commercial Code. 4.Ensuring all laws are written in Somali and that a Somali legal terminology is produced. 5.Affirming the necessity of minimum legal education requirements for  entry into the legal profession.  Encouraging the continued support to law faculties and clinics as well as the establishment of postgraduate legal vocational training for admission to the Lawyers Association to practice law in Somaliland and recognising the importance of the development of the Lawyers Association. Encouraging the provision of entry of newly qualified graduates into the legal profession. 6.Acknowledging the need to increase public confidence and awareness of the role of the judiciary and legal systems. 7.Emphasising the right to fair trial and legal representation in all stages of criminal proceedings including arrest, pre-trial detention, trial and appeal of sentence.  Ensuring access to justice for all, in particular provision of free legal aid for those without the financial means and vulnerable persons. 8.Recognising the importance of women  participation in the justice sector and the need to provide women with adequate legal education, access to justice and entry into the legal profession.    9.Promoting a justice system in which the three legal systems (xeer, sharia and formal) can work together and identify compatible and contradictory practices with the Somaliland Constitution and accepted international human rights standards recognizing that sharia is the fundamental source of laws in Somaliland. 10.Recognising the importance of the Ministry of Justice as the leader in promoting and implementing this Declaration through a participatory process in close co-operation with the Judiciary, the Attorney General’s Office, political and social actors in Somaliland.