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Somaliland; The Battle Between The Constitution & The Siad Barre Inherited Laws & Practices.

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early three decades ago, the authoritarian military leader of Somalia, General Mohamed Siad Barre who came to power in a coup, was ousted after over ten years of civil war that had devastated the country.

The overthrow of the civilian government in 1969 aborted a nascent democratic system in which Somalia was a flag bearer of democracy for post-colonial Africa. Incumbent, president Aden Abdalleh Osman, who lost to the opposition in 1967, relinquished power. This was in stark contrast to other leaders on the continent, who had inherited the office from colonial rulers, who tightened their grip on power.

Siad Barre ruled twenty-one years of tyranny. The laws were drafted and interpreted to serve his dictatorial interests. Most of the government officials were military officers for whom rule of law and human rights were not in their vocabulary at all. The entire system was thus militarized.

who fought and expelled Siad Barre, were dominated by people who were trained and worked under his regime. Hence, those who spearheaded the process of state formation and institutional creations were basically the same people as those who served under Siad Barre.

Apparently, they wanted governance different from that of Siad Barre, but they had little After the collapse of Siad Barre’s knowledge on how to run a oppressive regime, in Somaliland, civilian government. restoration of independence was declared and a peace building In the year of 2001, a new and state building process constitution was approved proceeded. The rebel groups, 4

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by the people of Somaliland by an overwhelming majority.

The Constitution sets out a government system entirely different and opposite to that of Siad Barre’s.

The preamble of the Constitution reads, that the people of Somaliland, “having experienced the devastation wrought by a regime based on dictatorship and a policy of divide and rule to which the country was subjected for over twenty years, and ever vigilant of the return of such a regime.”

The Constitution has a bill of

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rights, emphasises rule of law and establishes three branches of state with separate powers that check and balance against each other. Inspired by the willingness and desire of the masses to have a government of their own, the Constitution is the protector of the public.

Many of these officials have never read the Constitution. They grew up and were educated, if at all, in an era where there was no constitution, and what the superior officer said was the law. For them, that is easily understandable. Such mentality has been transferred into the subsequent generations Despite having a constitution with such strong who are in the government institutions. values, Somaliland has not properly reformed its institutions to comply with its requirements. It is arguable, of course, that the weakness of the Additionally, many laws that predate and contradict rule of law plays a role in the disregard for the the Constitution are still in place. In fact, these Constitution. However, it is clear that there is a laws are practically dealt as supreme over the generational gap as well.

Constitution.

To make the Constitution operational, respected and accepted as the supreme law of the land, The supremacy of the Constitution is stipulated in the government institutions must be drastically article 128(2) which says “the Constitution shall reformed, and the authentic independence of the be the supreme law of the land, and any law which judiciary should be ensured. does not conform to it shall be null and void.”

The Constitution cannot be and should not be Since the adaptation of the Constitution, many left for law students to review to pass exams and people have got educated on the subject. Many of then leave to gather dust on shelves. It is the most the young who read the Constitution have principles important which has supremacy over all other laws. that directly contradict the strong views of many in leadership roles who are in key institutions. This There is a difference between having a Constitution has produced a conflict and deep disagreement and working within constitutionalism. Somaliland is created by different worldviews. the former. The progressive Constitution should not In a number of occasions, I have met with senior be allowed to be thus challenged and impaired. officials in decision-making positions who often cite other laws rather than the Constitution. When Guleid Ahmed Jama confronted with the Constitution they allude as if Lawyer and director of Human Rights Centre the Constitution is unrealistic.

Somaliland

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Madax-bannaanida Garsoorka: Dastuurka iyo Xeerka Nidaamka Garsoorka W/Q: Jibriil Jirde Cabdi

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adax-bannaanida Garsoorka: Dastuurka iyo Xeerka Nidaamka Garsoorka Garsoor madaxbannaani waa bud-dhigga nabadda, wada noolaanshaha, xorriyadda iyo horumarka bulsho meel ku dhaqani gaadho.

Madaxbannaanida iyo madaxbannaani la’aantagarsoorku waa arrin la kawsatay dastuurka iyo xeerarkii ka dambeeyay ee ka farcamay, macnaheeduna yahay, in waaxda garsoorku leedahay awoodii loogu dhigay dastuurka iyo xeerarka, walow ka sii buquujin iyo hoos u celinina timaado, waxa se asalka ahi waa sharciga.

Dastuurka Somaliland waxa uu soo maray marxalado kala duwan. Waxaanu ka soo farcamayaa Axdi Qarameedkii 1993kii (The Somaliland National Charter 1993), ay bulshada reer Somaliland ku samaysteen magaalada Boorama. Waxa looga gudbay Dastuurkii ku meel gaadhka ahaa (Interim Constitution)ee la sameeyay sannadkii 1997kii, isaga oo ka shidaal qaadanayay Axdi Qarameedkii ka horreeyay.

Dastuurkaas ku meel gaadhka ah ayaa wax ka bedel iyo hor’umarin ka dib u diyaar samay in uu 6

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noqdo dastuurka rasmiga ah ee Somaliland yeelato ee aftidiisa la qaaday 2001dii.

Dastuurku waxa uu soo maray marxaladdahaasi suuragalisay in uu kala hago bulsho markaas uun ka soo doogtay dagaalo, qas iyo jahawareer. Walow uu ku xooggan yahay meelo badan, wax bini’aadam qoray na aan dhammays laga wada helin, waxa aan qoraalkan kooban ku eegi doonaa sida uudastuurku sharci ahaan u siiyay madaxbannaanida garsoorka oo waxaan ka jawaabi doonaa madaxabannaanida garsoorku ma tahay mid ku filan?mise waxa jira dabar iyo xad mar kasta xidhaya garsoorka

una diidi kara inay u gutaan hawlahooda si madaxbannaan?

Waxa aan is dul taagi doonaa dastuurka, innaga oo la eegayna xeerarka ka farcamay, gaar ahaan xeerka nidaamka garsoorka.

I. Dawladda iyo garsoorka Dawladdu waxay ka kooban tahay saddex waxood oo kala ah: Sharcidejin (Legislative), Sharci fulin(Executive) iyo Garsoor(Judiciary) sida uu qeexayo qodobka 37(2)oo odhanaya “Dhismaha Qaranku wuxuu ka kooban yahay saddex waaxood oo kala ah: Xeerdejinta, Fulinta iyo Garsoorka. Kala xadaynta awoodaha saddexda waaxood waxay noqon doonaan

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sida uu Dastuurku dhigayo.

Waax waliba awoodda Dastuurku u gaar yeelay way u madax bannaan tahay.”

Waaxda fulintu waxa ay qaabilsan tahay difaaca dalka iyo fulinta sharciga, waaxda sharcidejintu na waxa ay qaabilsan tahay samaynta iyo ansixinta sharciyada, halka waaxda garsoorku ujeeddada ay u taagan tahay tahay inay dhammaystirto labada waaxood ee kale. Waxa ay miisaantaa labada kale, si aan awooddu dhinac ugu janjeedhsamin oo aanay u lumin xorriyaddu.

Shaqada garsoorku waa ka garnaqa khilaafaadka iyo fasiraadda xeerarka sida uu dhigayo qodobka 98(1) ee dastuurku: “Garsoorku waxa uu awood gaar ah u leeyahay: B. in uu fasiro micnaha xeerarka ka soo baxa Golayaasha dastuuriga ah iyo xeerarka degdegga ah, iyada oo la raacayo Dastuurka.

T. Inuu ka garsooro khilaafka ka dhex abuurma laamaha Dawladda oo dhinac ah iyo xubno ka tirsan dadweynaha oo dhinac ah ama dadweynaha dhexdooda.

J. Inuu ka taliyo muran kasta oo Ia xidhiidha waafaqsanaanta Dastuurka”!

Waaxda garsoorku marka ay meesha ka baxdo, waxa isku ballaadhiya awoodda waaxda fulinta oo isku hesha inay sharciga fasirto, ciqaabaha soo rogto iyo inay sharciga isla gacanteeda ku fuliso. Waxaana ka dhasha isku xukunka sharciga oo luma, xorriyadda iyo xuquuqda aasaasiga ah ee muwaadinka oo lagu tunto iyo isku dheelitirnaantii waaxaha dawladda oo dhinac u ciira, keeni

karana burbur dawladeed iyo halaag ummaddeed!

II. Maxkamadda Dastuuriga ah Maxkamadda sare ee Soomaalilaan oo ah hay’adda ugu sarreysa garsoorka uun baa ah maxkamadda dastuuriga ah, sida uu sheegayo qodobka 101aad ee dastuurku. Maxakamadda dastuuriga ahi waxa ay qabataa laba shaqo oo muhiim ah: inay go’aan ka gaadho go’aamada maamul iyo xeerdejinta ee aan waafaqsanayn dastuurka iyo inay macnayso, fasirtana dastuurka iyo xeerarka kale ee dalka lagaga dhaqmo marka la isku qabto, marka aynu eegno shaqadeeda waxa inoo soo baxaysa inay hayso laba qodob oo ka mid ah saddexda qodob ee ah waajibaadka garsoorka ee uu dastuurku siiyay ee ku xusan qodobka 98(1) gaar ahaan labada farqadood B iyo J. Innaga oo halkaas ka duulayna, maxkamadda dastuuriga ahi waa laf dhabarta garsoorka, walow aanay sharciyan ahayn mid haysata madaxbannani dhammaystiran marka la eego qodobadan: 1.

Maxkamadda dastuuriga ahi in aanay ahayn maxkamad gaar ah, balse ay tahay maxkamaddii sare oo halkan kuu soo fadhida oo ay ka hawl galayaan isla garsoorayaasha ka hawl galaya maxkamadda sare.

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In guddoomiyuhu uu ku yimaad kuna tago magacaabista madaxweynaha, inkasta oo ay labada gole ansixiyaan, sida ku xusan qodobka 10aad ee xeerka nidaamka garsoorka.

3. In garsoorayaasha ka hawl gala maxkamaddan uu eryi karo, isla marka uu doona na magacaabi karo madaxweynuhu.

Habka magacaabista garsoorayaasha ka hawl gala maxkamaddan iyo inaanay ahayn maxkamad keligeed taagan, balse ku lammaan maxkamadda sare ayaa meesha ka saaraysa kalsoonida lagu qabo iyo madaxbannaanideeda ba.

Ujeedda gaar loogu saaro maxkmadda dastuuriga ahi na, waa iyada oo ka duwan qaab ahaan iyo nuxur ahaan ba maxkamadda sare iyo in la helo garnaq madax-bannaan oo dhex-dhexaad ah, maadaama ay maxkamadda dastuuriga ahi tahay unuga siyaasi ah oo ka tirsan garsoorka, lana rabo in uu qaab ahaan ka gedisnaado qaybaha kale ee garsoorka.

III. Guddida Caddaaladda Guddida caddaaladdu waa hay’adda ugu sarreysa hoggaaminta maamulka garsoorka, waxa aanay ka kooban tahay 10 xubnood; guddoomiyaha maxkamadda sare, laba garsoore ee ku xiga dhinaca darajada guddomiyaha, xeer ilaaliyaha guud, agaasimaha wasaaradda caddaaladda, guddoomiyaha hay’adda shaqaalaha, laba xubnood oo golaha wakiiladu labadii sannadoodba ay hal mar ka soo dhex doortaan dadweynaha iyo laba xubnood oo ay golaha guurtidu labadii sannadoodba hal mar ay ka soo dhex doortaan dadweynaha.

Sida uu sheegayo qodobka 108aad ee dastuurku waxa ay u xil-saaran tahay guddidani shaqo-siinta, xilka-qaadista, dallacaadda, hoos-u-dhigidda, bedelaadda iyo anshax-marinta garsoorayaasha maxkamadaha hoose (maxkamadaha racfaanka, gobollada iyo degmooyinka} iyo Kuxigeenada Xeer-ilaaliyaha Guud.

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Marka la eego hawsha ay qabanayaan guddidani iyo sida aanay ugu qalmin ama aanay ugu habboonayn inay qabtaan waxa ay muujinaysaa boog ku taal madaxbannaanida garsoorka ee dhinaca sharciga saddex sababood ba: 1.

In 7 xubnood oo ka mid ah guddidani ay ku magacaaban yihiin digreeto madaxweyne, toos oo muujinaysa in waaxda garsoorku ay u dhaxayso afka iyo gacanta waaxda fulinta.

2. Iyo in isla xubnihii garsoorka ee laga soo cabanayay aad isla iyagii u cabanayso, oo ay guddidana ku leeyihiin awood, dhanka tiradaiyo hoggaaminta ah ba. Waxa aanay muujinaysaa madaxbannani la’aan iyo quusasho.

3. Waxa aanay saamayn taban ku yeelanaysaa guud ahaan garsoorka maadaama ay xubnahani ka masuul yihiin shaqo-siinyta, xil ka qaadista iyo anshax marinta garsoorayaasha maxkamadaha hoose.

IV. Dhaqaalaha Garsoorka Ma jirto miisaaniyad ay gaar u leedahay waaxda garsoorku, waxaana u haya dhamaan dhaqaalaheeda waaxda fulinta.

Waana in garsoorku uu ka badbaado saamayn uga timaadda waaxyaha kale uu dawladda.

Habka lagu hor’umarin karo madax-bannaanida garsoorkuna waa in la siiyo damaanad-qaad; mid nololeed, mid dhaqaale iyo mid xasiloonida kursiga uu joogo, si uu garsooruhu u gaadho go’aanno dhex-dhexaad ah oo caddaalad ah, cidina aanay ku saarin cadaadis. Walow aan hore u soo aragnay in aanu garsoorka Somaliland lahayn damaanadqaad dhanka kursiga ah ilaa inta uu garsooruhu ku taagan yahay jidka sharciga ah. Sidoo 8

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kale ma jirto damaanad-qaad amni iyo mid dhaqaale toona, waana tooshashka waaweyn oo nalka ku sii ifinaya liidashada madaxbannaanida garsoorka.

caddaaladda xaalad walba oo la marayo ama la joogo. Waxa muuqanaysa in meelaha qaar aanu ku dhiiran karin in uu ka soo saaro xukun xalaal ah kuna qotoma caddaaladda.

Xalka waxaan u arkaa: 1. In qodobada dastuurka ee dhibta ku ah dib u habayn lagu sameeyo.

2. In xeerka nidaamka garsoorka wax ka bedel lagu sameeyo iyo kaabis lagu sameeyo.

3. In la helo hannaan maaliyaddeed oo waaxda garsoorka u gaar ah.

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In la siiyo garsoorayaasha damaanad-qaad amni, mid dhaqaale iyo xasilooniyeed ba.

5. In la helo guddida caddaaladda oo madax-bannaan.

V. M a d a x - b a n n a a n i d a Garsoorka iyo Baaqyada Caalamiga ah Mabaadii’da Banglore ee dhaqanka garsoorka (THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCT) oo ka kooban lix rukun ee aasaaska u ah garsoorka, waxa ugu soo horreeya madax-bannaanida;waxaanu xusayaa in loo baahan yahay in garsooruhu uu haysto madaxbanaani shakhsi ahaan iyo hay’ad ahaan ba.

Qodobka 10aad Baaqa Caalamiga ah ee Xuquuqda Bini’aadamka (UDHR) iyo qodobka 14(1) ee Axdiga Caalamiga ah ee W/Q: Jibriil Jirde Cabdi Xuquuqda Madaniga ah iyo Siyaasaddu (ICCPR), waxa ay xusayaan in uu qof waliba xaq u leeyahay inuu helo gar-maqal furan oo caddaalad ah, kaas oo ay hagayso maxkamad awood u leh, dhex-dhexaad ah oo madaxbannaan.

Axdiga Afrika ee Xuquuqda Aadanaha ee loo yaqaan Banjul Charter, kaas oo loogu talo galay in uu hor’umariyo oo ilaaliyo xuquuqda aadamaha iyo xorriyaadka aasaasiga ah ee qaaradda Afrika, qodobkiisa 26aad ayaa xusaya in dalalka xubnaha ka ahi uu saaran yahay waajibka ah inay damaanadqaadaan madax-bannaanida maxkamadaha.

IV. Maxaa inoo soo baxay? Muxuu se xalku yahay?

Marka aan ka eegno dastuurka iyo xeerka nidaamka garsoorka, waxa inoo soo baxay in aanu garsoorku ahayn mid haysta madax-bannaani lagu riyaaqi karo ama lagu gaadhi karo

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Police Reform Is Necessary And Inevitable Today

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omaliland has relative peace since it break away from Somalia in May 1991, after 30 years of union ended fruitless. All former government institutions were collapsed due to civil war which broke out the country, building government institutions and peace building approaches were started from bottom in early 1990s.

Somaliland police was established 25 years ago for the reasons of getting peace process back on track, although the country’s capacity was limited, and recovering the long lasting war that Somali National Movement (SNM) waged against the former dictator of Said Barre who was finally defeated in 1991.

The police has so far managed the peace and stability in the country well, in the prime facie of establishment most recruited of the police members were among former police officers of Somali republic ruled by Said Barre and were shaped like military due to the military handed over the power of the country who intended police to do the militaries job whenever it required that.

Since Somaliland adopted by referendum a democratic

constitution in May 2001, newly adopted constitution granted citizens many rights and expressed the mandate of police force which is two main functions: first is to keep the security of the country and second is to enforce laws.

The number of police forces increased day after day, in terms of quantity, after received each year a batch of hundred young graduate police officers from the police training school in Mandera. Police took a number of courses in the school, mainly related to how to use weapons, how to arrest people and how to defend themselves whenever they face any serious or dangerous incidents against themselves, rather than learned them both tactical training and lessons relating constitution, police act, human rights and how well they would behave citizens after been graduated from the school.

Unlike many other institutions of the country, police have not yet received any realistic reform or strategies which could enhance their capacity of this institution and as well as knowledge of members of the police and people are demanding civilian police

who would be believed to alter their function and behaviour based on brutality.

For example many Somaliland institutions including judiciary have benefited from capacity buildings funded and supported by international organizations and government and many achievement can be seen these institutions today.

Somaliland society usually faces regular challenges and intimidations from the current police forces. Police do not respect laws and deprived citizens from the basic rights in unconstitutional way. For instance, more than 90 percent of accused persons police have arrested without warrant, irrespective of the constitution and other laws.

Delay in remand period, bad treatment of suspects inside the police stations, denial access to meet lawyer into his client are also common in the police stations.

I acknowledge the hard work that police has for the state, and we have a fair reward and huge respect to that, but, it is not an excuse and justifiable ground that circumstances surrounded you allows you [police] for all human rights violations.

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Number of times, several concerns were raised the deteriorating poor conditions or standard of living exists in the police stations and a small room is arrested a large number of people with small window and there is no toilet and inmates uses a plastic bags as toilet, access to water, medicine and food are also limited, proxy detention is still presence many parts in Somaliland, although it is illegal or unconstitutional but it has changed into a norm done by police.

According to Saed Mohamoud, former teacher at the secondary schools, he met same incident in one of the Hargeisa police stations, where police officer rejected him a little amount of water in order to wash his body after suffered him a poor health situations inside the police station. Police exchange money to allow you access to air somewhere in the police station, meanwhile any person who have no money to give the police remained the cell with limited air condition existed said Mr. Saed who is also poet and writer.

Mr. Saed is not the only person who revealed the concern situation which exists in the police stations. Abdurrahman who is another famous poet has revealed in event after presented or recited in this week a poet about what he had seen one of the police stations who once detained him. The second day of his revelation 10

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was arrested because of being revealed poor standard of living which exist police stations.

The poet has appeared once in the court, whoever reveals and express his opinion any issue relating to police station and even police affairs could be intimidated and arrested by the police.

Press conference released by the spokesperson of the police forces who is famous telling in- formations far away from the truth and as well as normally uses his conferences some words borrowed from Italian language, suggested accused poet has initiated and presented an insult to the government and police sector, and as well as fake news against the police stations, the spokesperson added and diverted the accused person as a convicted person which is contrary to the constitution, usually police acted as judiciary, legislative and as well as an law enforcement agency.

Limited number of police stations exists in Hargeisa, where one million and half populated city with increasing rate of criminals recorded each year, any alternative approach have not proposed by the police so far, using chain with accused persons in order secure from escaping is still common in police stations. Every day dozens of young generations chained with hands, with no shoes, and mistreated and beaten by

police appears in Somaliland courts.

Police act more than the law by doing what they want and do not respect the court orders and this is because many Somaliland people are suffering from anxiety and for example according police report released last November, more than nineteen thousand of criminal cases were documented, half of that cases resolved outside and police adjudicate people and acted as court which is contrary to the constitution.

Meantime many acquitted persons ordered by the courts remained many police stations, while police rejected to obey the court’s decision and it seems and clear that police is more powerful than the judiciary branch.

Once questioned the current president Mr Bihi when he was competing for the position as part of the debate, on his own ideas about justice, he answered if we want to enhance justice, we should have to enhance the justices at police stations since we know justice starts from there, then we would manage other sectors like judiciary, but that idea concluded flash in the pan and nothing have changed police stations so far. Last November 2018, when president Bihi delivered a speech at the 25th anniversary of police, the president admitted or highlighted the kind of police that Somaliland need and said

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‘’ we need a police scare off and prevents criminals’’ it seems today that police scared off non guilty or innocent civilian using under the power of state authority.

The number of police brutality documented each year is increasing and there is no any person who was held accountable and even have been investigated a case against police members.

There is no independent and impartial tribunal administer where people could file a suit against police member and would expect a just decision, mainly high police officers like the commander and deputy commander were police students graduated academic police training centre ruled and managed former dictatorship of Siad Barre, who several times was alleged committed a genocide and atrocities many parts of former Somali republic which including and bigger Somaliland civilian without acceptable justifications, although many and most of Somaliland people identified that regime a dirty cruel administrations but still the police graduated learning centres and once had worked that previous dirty regime are still serving and operating in Somaliland, having respected and honoured with medals and holding high ranking positions. Since Somaliland adopted a system of modern democracy, it is in- compatible to remain offices police who do not respect the human rights and fundamental freedoms enshrined

by Somaliland constitution and approved the national referendum in 2001.

December 2017, when Somaliland parliament approved a police act for the first since 25 year and the president signed, the act enter into force in the same year. The police act have a number of key pivotal to police and as well as the Somaliland society since the newly adopted act established a civilian police which is one of the long demanding factor from the society and demilitarization of police is required and the act also created an independent oversight body receiving complaints against police from society, although there was no previous sector do these jobs, and third factor which is important that people desires and welcomes is the provision prohibited police using live bullet while in un armed demonstration, during protest period, as common before in Somaliland police several times were used live bullet resulted from death and serious injuries of an armed civilian. Lastly, the newly adopted act referred criminal cases which police are part to the civilian court where it is much compatible according to Somaliland constitution.

All the factors I mentioned above and other provisions empowers and enhances the capacity of Somaliland police appeared the act, parliament member, lawyer and human right defenders have identified these factors or in whole of this act would bring a huge a reform of Somaliland police in terms of access to justices to victims of police brutality, prohibition of using live bullets, creates over sight body and as well as police accountable to the law.

If the Somaliland people were fought and struggled against the former cruel and dirty system of Somalia, what is the Somalilander’s plan against individuals who once served former dirty system of Barre administrations?

Were we fought the system or individuals in that time? How would do you expect to adopt modern democratic country where it is people enjoy fundamental freedoms and liberties?

Unfortunately, the hope disappeared almost one year later, when the government proposed amendment against the police act which the government intended to sterilizes or dysfunctional the key important provisions safeguarding the human right and freedoms and creates civil police accountable to law, and their first attempt towards that succeeded after when the House of Representatives (HoR) approved mainly the amendment suggested by There is a little bit of hope appeared once in late the government.

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There are stronger sounds coming from the community towards that police today need a change and reform is evitable, people would no longer be silent police who directly and optionally infringed laws also violated human rights and do not respect laws. Somaliland is a democratic country where people directly elected officials through vote, the kind of police that we have today is not representative and compatible the kind of democracy enshrined our constitution, Implementation of comprehensive reforms to the police is required and inevitable at this current time. First, the leading factor of the reform is to remove amendment suggested by the government, Second factor is maintaining civil police where police respects laws and enforce law as well as protects human rights and freedoms of citizens, free from brutality and corruption, accountable to law, and have structural form of police defined in police act and democratic states, the reform should extends even senior police officials and anyone who had a culture of impunity should also removed from the police forces, and that would be part of lasting solutions ends the culture of impunity. These factors may successfully lead to the country with lasting peace and stability and also would improve the good reputation of human rights and democracy earned by Somaliland in the world.

The reform of police should extend police stations and special measures should have to be endorsed in order to make sure the safety and well being of accused persons, the measures may include policies and acts insuring enhancing the living standards of police stations in order to safeguard the dignity of human life and sanitation during the custody.

Special juveniles cells inside the police or outside the police stations should implement as soon as possible since the juvenile act imposed that juveniles and adult persons 12

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cannot be arrested with same cell according to Somaliland Juvenile Act. Therefore, so as to achieve a realistic reform and bring about significant progress, it is important that leadership role of reform must be done by an independent and impartial committee having knowledge with police affairs and experienced the current situation of police, which are from the government, because police cannot reform itself and many of them will affect the reform and people usually dislike reform, because some gained and others lost.

The central message of the article is ‘’that realistic reform to the police forces is necessary and inevitable today. As Somaliland citizens, we deserve to maintain better police than today, better behaved and good character police than today, respects law and all human rights including and major freedom of expression, accountable to lawand police creates better relationship with society than anxiety based one existed before’’.

About the writer Mustafa Mohamoud Dahir Independent lawyer in Hargeisa, Somaliland Mustafedahir3@gmail.com

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Legal Aid clinic (LAC) lawyers conducted wide range mobile court free legal aid service in Gabiley prison where many criminal cases accused of crimes were represented professionally by legal aid clinic criminal unit lawyers.

Legal aid paralegal conducted grass root awareness raising activities at 6 IDP sites namely State House, Stadium, Istanblul, Daami and Aya 3, and Aya 3 at regional and district court of Marodi Jeh where the paralegals meet and assess conditions of the detainees in the police stations and refer their cases to the LAC lawyers for representation before courts of law.

Brief context update (Very brief description If there is any change at the LAC attended Ministry of Justice (MOJ) legal aid cocontext level) ordination meeting organized by Director General where pertinent legal issues were raised, achievements, gaps and way forward.

Legal clinic together with Oxfam project manager Mr. Sharmarke attended and presented LAC achievements, challenges encountered by the LAC and presented overall cases represented by LAC at Ministry of justice Legal Aid quarterly meeting, particularly, Danyare Kalkaal project information where MoJ Director was updated and briefed how things are moving and what kinds of services are being undertaken by LAC.

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stations and IDP sites by providing mediation, counseling and awareness raising activities tailored to the legal clinic Danyare Kalkaal Support Voiceless.

S.N T o t a l Male cases 1 211 102

Female

Awareness

109

645 Male 265 Female 380

Thus, the total number of assisted people is 211 (109) female while female 102 while 645 Figure 1.Paralegal conducting community intervenwere given awareness or legal services at IDP tion (awareness raising at IDP sites in Hargeisa. sites in Hargeisa.

The legal clinic paralegals most often refer cases to the lawyers to represent clients before courts of law to protect rights of the clients.

1.2.1: Provided Legal Aid Provision Walk in Clients at the Legal Aid Clinic in Hargeisa.

LEGAL AID CLINIC Lawyers provided free legal assistance to the various individuals within the Figure 2: Ladna female paralegal conducting four regions. Thus, the total cases served to awareness raising at one of IDP sites in Hargiesa. the pro poor people in these three months were total 324 cases from January to March 2019.

Out of these cases, LAC lawyers represented below cases within the three months project period.

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Gender Beneficiaries Male 212 Female 112 Total Number of Cases 324 1.2.2 Conducted Civil Society Platform Hargeisa February 2019

in

Legal Aid Clinic (LAC) convened a workshop meeting in Hargeisa on 24th January. Different justice sector organizations and professional associations attended the workshop as there was civil society platform to share information Figure 3: Ladna female paralegal conducting legal effectively. In this regards, LAC organized assistance to IDP member at Ayaha 4 in Hargeisa first civil society platform of its kind whereby prominent CSO met and shared information and discussed pertinent issues facing advancing of citizen’s inherent rights and freedoms and each SCO presented briefly on what do and where do they operate and how do they engage in administration of justice, lobbying, advocacy and other roles towards advancement of civil rights within Somaliland boundary.

After long and heated discussed participants drawn from SCO organization raised their concern in relation to police brutality and civil society insufficient coordination meeting, and absence of lawyers in some regions of Somaliland.

Figure 4: SCO platform meeting in Hargeisa

In short, SCO organization vowed to meeting periodically and to share information and pursue provisions of civic rights through advocacy and lobbying by SCO within the ambit of law despite enormous challenges exist including but not limited to Somaliland police is not friendly to SCO. However, they will be discouraged the police attitude towards CSO but they noted that justice will be served and interests of pro poor people and vulnerable groups will be served.

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2.1.1 LAC organized four day training sessions for paralegals and paralegal focal point in Burao on 06-March 2019 Four day training package targeted 22 people drawn from IDP community from four IDPs on March 06-10 2019.

Male Participants 10 Female Participants 12 Training document was developed and distributed among the participants and Figure 5 Four day paralegal and paralegal focal paralegals were enabled basic human rights, counseling, conflict resolution mechanisms point training in Burao. and how to deal and report GBV and SGB cases to the relevant law enforcement bodies and justice institutions.

Now and afterwards, trained paralegal focal persons could at least reports cases and incidents prevailing within IDP sites in Burao town and paralegals can refer cases to the lawyers operating in Burao.

Figure 6: Trained paralegal focal point in Burao.

2.1.2 Conducted one day workshop session level to consult paralegal on justice issues and avenues for justice in Burao.

LAC Conducted one day workshop session for various relevant community groups drawn from police, courts, AG office, custodian corps, IDPs community and women groups in Borama on 06 April, 2019, target community number was 20 participants drawn from various communities namely: members from Custodian Corps, College of Law, Male 14 Figure 7: One day community workshop session to Female 6 consult paralegal on justice issues in Borama.

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The participants discussed many issues relating to justice avenues surrounding Borama justice institutions including but not limited to police investigators, courts of law and office of the Attorney General and defense lawyers in Borama. However, participants noted that land issue and children oriented offenses are the highest degree crimes in Awdal region and participants discussed in profound way that land issue is a national phenomenon which needs to addresses at national level and children oriented crimes is another problem to be dealt by all concerned actors in order to underline causes of children crimes in Somaliland and why number of children in conflict with the law are increasing time after time.

Participants raised one day workshop level to consult paralegal on justice avenues were fruitful meeting as all participants applauded this kind of meetings to be held for community members to discuss and share their experiences current justice issues facing the community while dealing with justice institutions.

3.0 Target Communities Create Forums that bring together community members in a gender sensitive way to learn about justice system and to discuss experiences when aiming to pursue grievances.

LAC conducted one day forum community forum in Burao where 20 women drawn from 4 IDP community in Burao where they discussed Figure 7: one day target communities to create gender sensitive issues to learn justice system. that bring together community members in a gender sensitive way Burao.

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LAC sensitized 20 female community members who were enabled to understand magnitude of Gender Based Violence (GBV) and Sexual Gender Violence (SGBV) that affect human dignity of the women in Somaliland. However, the meeting also pinpointed that for the participants the best way to pursue their rights Ayan left female lawyer with released person from and they understood where to go and file cases within justice institutions that could bring Gabi perpetrators before justice.

The meeting created conducive environment where 20 target women were sensitized on level of GBV cases and their reflection on the magnitude of the GBV and SGBV against women is human right violation.

The meeting was discussed in positive and confidential way that participants relieved and major achievements was that female participants are now in position to understand LAC mobile court lawyers defending accused and various justice actors that protect victims convicted criminal at Gabiley court. including the following institutions: o Baahi Koob; o Police stations; o Ministry of justice o Attorney General Office; o Courts of Law.

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4.0 LAC Lawyers with Mobile Court Team Legal aid Clinic Criminal Unit lawyers went three times with Mobile Court Team in both Appellate Court and Supreme Court who visited to Gabiley and Borama west regions of Somaliland where provision of access to justice was materialized and various remanded and convicted individuals were represented by LAC criminal lawyers.

LAC lawyers went with Appellate Mobile Court twice in this three months period. The first visit was on 14th January 2019 and represented 10 individuals who were professionally defended

by LAC lawyers against state prosecutor.

Second time when the LAC lawyers went with Mobile court was 28/March, 2019. LAC lawyers went with Appellate Mobile Court team in Gabiley and represented/defended 10 criminal cases against state public prosecutor.

The third time that LAC criminal lawyers followed with Supreme Mobile Court team was on 14th April, 2019 where 16 criminal cases were defended against the Attorney General.

Among theses 4 individuals were releases two male and two female while other 16 individuals were diminished imprisonment.

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5.0 Pending Activities to be transferred to next quarter activities plan: A 1.2.3 Establishment of a custodian corps to prepare detainees and remanded individuals for release, habeas corpus and defend their rights before courts of law.

A 2.1.2 Legal Clinic Paralegals to undertake legal empowerment and community based access to justice awareness raising activities within communities, prisons and police stations in Hargeisa.

2.2.1 Coordination meetings in target communities will be held to create a space for the various systems to discuss specific cases jointly.

A 2.2.2 Evaluation of experience on communitybased activities and development of one model/ approach to address justice delivery gaps in a comprehensive manner at community levels that can be scaled up.

3.1.2 Legal Clinic students to conduct weekly legal information and awareness raising sessions in the Community in Hargeisa. (50 weeks.

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Accessibility to police stations is a great challenges Ministry of justice is unwilling to facilitate for official letter to be written to Custodian Corps Key challenges or changes and mitigation meaCommander in Chief. sures taken during report period LAC is still following up to have access to the police stations despite paralegals maintained informal relationship with police investigators.

Conclusion and Recommendations LAC is following up to get that official letter to be signed by MoJ very soon.

LAC is committed to implement project pending activities within the coming months.

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LEGAL DEVELOPMENT, NETWORKING AND JUSTICE INSTITUTIONAL BUILDING BY THE COLLEGE OF LAW, UNIVERSITY OF HARGEISA THROUGH LEGAL EDUCATION AND LLM JOINT PROGRAME.

First and Foremost, It was a great pleasure to launch and held official Ceremony for Opening Join LLM Program which was based on the previous relations of University of Hargeisa (UoH) and Mekelle University (MU), this program has been recognized as the first Legal post graduate program of its kind of inaugural ceremony in Somaliland with the focus on to produce high caliber and specialized graduates, in the below outlined specializations as well as highly competitive postgraduate programs in the future.

To start this Law Master’s Degree programs in (LLM) was an excellent opportunity to address the shortage of skilled professionals in the areas of Legislative drafting, taxation and Investment Law, including but not limited to Criminal Law and Criminal justice. For that reasons and based on previous relations of University of Hargeisa (UoH) and Mekelle University (MU), MOU have been signed by University of Hargeisa College of Law and Governance and MU School of Law. and then was translated into practical oriented and as a Memorandum of Action, this action agreement was based on the previous Memorandum 22

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of Understanding (MOU) and to enable to commence and continually implement the collaborative capacity building LL.M programs in those areas, particularly stated provisions in the agreement between the two respective colleges.

From left Prof. Gebrehowit and Mohamoud in the Event: Signing Ceremony for Joint LLM Program between the two Colleges, represented and exchanged on an agreement documents by the Deans of University of Hargeisa, College of Law and Mekelle University, College of Governance ,School of Law Respectively.

High- level Signing Ceremony for the Program, with the presence of the UoH -President, AR -Vice President of University of Hargeisa. From left: Asst Prof.

Kahsay Mirach , Dr. Mohamoud Yousuf Muse, and Professor Saed M.Jibril and other members from UoH and MU. This action agreement was also envisaged to expand for further collaborations of mutual interests of both institutions such as cooperative research and educational exchange between the parties. In addition, the implementation of these LL.M programs may open door for the parties to extend the program beyond period specified in the MOU and this agreement and further proceed with other LL.M programs as well. With this background and purpose, the parties undertake to perform their common and respective responsibilities as expressed in this agreement and the MOU signed between the same previously.

I. LLM, Tax and Investment program II. LLM in Criminal Law and Criminal Justice III. LLM in Advanced Legal Drafting and Legal studies

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From memorandum of Understand to Memorandum of Action Based on previous relations of University of Hargeisa (UoH) and Mekelle University (MU) MOU was signed between University of Hargeisa College of Law and Governance and MU School of Law. This action agreement were based on this MOU and to enable to commence and continually implement the collaborative capacity building LL.M programs in areas particularly stated hereunder.

This action agreement is also envisaged to expand for further collaborations of mutual interests of both institutions such as cooperative research and educational exchange between the parties. In addition, the implementation of these LL.M programs may open door for the parties to extend the program beyond period specified in the MOU and this agreement and further proceed with other LL.M programs as well.

With this background and purpose, the parties undertake to perform their common and respective responsibilities as expressed in this agreement and the MOU signed between the same previously.

Objectives The main objectives of the program are:1.

Open and provide collaborative LL.M programs in UOH according to MU curricula in: ➢ LL.M in Legislative studies and legal drafting ➢ LL.M in Criminal law and criminal justice. ➢ LL.M in Taxation and Investment laws 2.

Produce high caliber graduates, in the above provided specializations, who are committed to the improvement of justice in Somali land.

3.

Expand and create capacity for the UOH College of law to run and administer timely and highly competitive postgraduate programs in the future.

4.

Promote and scale up best experience through graduate programs and research

Launching Ceremony for LLM Programmes as a New Academic setting

On Saturday the 2nd of March, 2019 the University of Hargeisa launched a joint Masters Of Laws LLM LEGAL AID MAGAZINE

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program with the Mekelle University. The LLM programs include (Advanced Legal Drafting and Legal Studies, Criminal law and Criminal Justice, TAX AND Investment Program).

Speech by the Dean, on Importance for Development of somaliland legal educational and particularly Making the justice and the law into reality

Mr. Mohamed Sulub , UoH-Communication Director, who was the Master Coordinator for the Ceremony was explaining the joint LLM program agenda

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The launching ceremony was attended by esteemed delegates from Mekelle University headed by the Dean of the College of Law & Governance, the launching ceremony was also attended by the President of the Appeal Court Honorable Justice.;Ali Suudi who was representing on behave of the Chief Justice, the United Nation Development Program UNDP, the president of the University of Hargeisa Dr. Mohamoud Yusuf and Dean of the College of Law Prof. Mohamoud Hussien Farah.

and graduates, studies conducted by professional bodies, the university’s own generic list of graduate attributes, and various international studies. Many of these sources have been referred to above; also the faculty has taken experience from the law schools in this region and from the global to name these backbone institutions were included but not limited to Pretoria University, KWAZULU Natal University, Khartoum University, Addisababa University’s school of law and University of Cape Town.

Additionally, to promote and scale up the best experience of legal research through institutional inter-arragements, the College has expand its wings to collaborate with other similar institutions such the currently agreements between Mekelle and Enskilda Högskolan Stockholm (EHS formerly Teologiska högskolan Stockholm) and University of Hargeisa (UH) institutions for the action of Mobility for learners and staff –Higher Education Student and Staff Mobility.

Given the fact that the University of Hargeisa was the first university to offer an undergraduate degree of law in the country and produced most of the legal professionals currently operating in the country this joint program in LLM is due to an effort to offer yet another higher degree in law to create skills – knowledge and career advancement in the legal sector of Somaliland with experience of maintaining the Quality Control modality in the legal education.

From 2002 as the year of Foundation,Establishment to 2019 as Stage of Development -College of Law Formal legal education in Somaliland had to wait until the establishment of law Faculty in 2002. the important challenges of the inception of legal education in Somaliland include such concerns as to who should be taught law, at what level should law be taught, who should teach law and what laws should be taught.

The previous existing curriculums at the faculty has been reviewed four times, these previous review being an early mover in this area, the first step for us was to identify the attributes and the generic and discipline-specific skills required by and of our law graduates. This was done by utilizing a variety of sources; including feedback from employers

Academic Staff : Deans, Associate Dean, and Lecturers from Mekelle University, School of Law at the College of Law office University of Hargeisa Now the College of Law and its Legal Clinic are currently involving in the following goals where the law and justice are the most advancing and dynamic field of Arts, • The supremacy application and development of law.

• Taking into account the great need of new laws in Somaliland, and participate legal reforms in general • Considering that the distribution and access LEGAL AID MAGAZINE

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of all of Somaliland in-order to be aware their legal rights under the law of the land.

• The College in collaboration with Ministry of Justice, judiciary organ and other law enforcement institutions, UNDP, other UN and the LLM program will establish postgraduate of vocational Legal professional training under the umbrella of the College of law.

Core Values Dedication and Commitment 1.

Educational Values of the Clinic • To enable students’ upgrade their legal backgrounds including critical thinking, reasoning, case briefing, case analysis, and arbitration, mediation and research writings. ➢ For high-quality teaching to be the central investment of the College. ➢ To provide free legal aid to the poor people who cannot afford to pay fee for legal professional (lawyers), as there is a great need for justice, morality, law and equal protection; under the law. ➢ To provide theoretical and practical understanding to the third year students of the College of law.

Research and Legal Writing Skills Through this clinic work, students can expect to improve their interviewing, counseling, and mediation skills. Clinic skill instruction will give particular attention to the importance of providing high quality legal representation to all clients at all times.

Research and writing are an integral part of the work in this clinic. Students’ clinicians will draft memoranda of law based 26

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on issues arising from the clinic cases and assignmnets given by the clinic instructors. Students will prepare affidavits as well as other documents necessary for the resolution of clients issues.

Students may also be engaged in projects that could include research on and analysis of Somaliland legislative initiatives that may have an impact on the areas law addressed by the clinic.

The clinic was designed to provide students with opportunities for: (1) Applying and expanding, in a client service context, skills acquired through prior law school experiences; (2) Developing the ability to be an effective problem solver for clinic clients; (3) Learning the substantive law addressed by the legal clinic.

(4) Applying and expanding, in a client service context, skills acquired through prior law school experiences; (5) Developing the ability to be an effective problem solver for clinic clients; (6) Learning the substantive law addressed by the legal clinic.

Profile of the Graduate When thinking about a career path, many people consider the well-respected profession of an attorney. The law profession and becoming a legal professional and a lawyer is a good investment, also, becoming a judge is a justice responsibility and making justice into a reality in Somaliland context.

Generally speaking, graduates from the law college are capable to perform well in their professional and after graduation mostly the graduate are able to understand the way of application for both substantive and procedural laws in the country and other required

knowledge of international arena, in this regard, the discipline of the law is the pathway for professional practice in Somaliland. Additionally, the graduates from the college of law were educated and equipped with a wide range of skills, knowledge, attitude, values for effective practice of law Without doubt the graduates from the law college of University of Hargeisa usually work in the workforce/market of the legal profession in the below areas and institutions 1. Public Sector such as: (Executive, judiciary, local Government, Law enforcements and Parliament etc).

2. Private Sector such as: (legal Firms, Business and etc) 3. UN agencies, INGOs, LNGO 4. University of Hargeisa Professional Profile Law is one of the world’s traditional professions, pursue it and be prepared for a life of comfortable respectability , Also, Studying law subject equips students with a variety of skills because learning to become a lawyer or legal professional means you’ll graduate university equipped with the skills for a whole host of professional paths.

Here’s a few of those skills: • Research – through analysis of case studies.

• Critical analysis – students read primary sources and make up their own mind.

• Synthesis of complex ideas – law students will have to get to grips with a whole new language but they’ll also need to be able to communicate in layman’s terms.

• Presentation – student’s often partake in mooting competitions and pro bono societies, offering legal advice to

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real people.

• Writing – you’ll have to communicate all of the above – on paper!

These skills are highly transferable to a number of other industries and sectors, commercial or otherwise.

Furthermore, degree of law combines theory with practice, hence this professional is more practical oriented as the reason behind the law of the land lies an awful lot of theory and there’s no doubt that students will have to rigorously learn it, hence, the law is a fairly defined profession to pathway to practice the law. Some units go so far as having a mock courtroom, and running moot competitions and pro bono societies, giving students a real taster of what it’s like to practice law.

Student Academic life at College of Law, University of Hargeisa -Senior Law Student after their Last exam has finished

Academic field trip by Class 4 for practical on Maritime Legal Education at Berbera Maritime University The coastal Guard Commander, the Dean and other senior Legal Maritime Experts Finally, thank you for your consideration to read about the legacy with peace of mind, once again, I am calling you as a member, as professional colleagues or as stakeholder to expand and continue to support further efforts to somaliland legal education development which at the end of today shall result appreciation on the current Somaliland judiciary and justice reforms through legal education and institutional development.

Prof. Mohamoud Hussein Farah Dean, College of Law University of Hargeisa Tel: +252-2-63 4423533, Alternative Email: Salin100@hotmail.com, mhuseinfarah@gmail.com or Dean.law@uoh.edu.net www.uoh-edu.net

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