Hiiraan Online

Ali Osman
Monday, November 14, 2011

The answer is obvious, the government officials that suppose to be creating and putting effective government administration is busy traveling and doing everything else but the job they are paid and sworn to do. We are witnessing an entire counties liberated from Al-Shabab with no administration or crook commissioners like that of Kaaraan and Hamar Jab-Jab running them. What were the Benadir regional administration doing Villa Somalia for so long if they were not busy putting together a rapid response administration for such an eventuality?

TFG, Somali Civil Societies, Somali Diaspora UN, and NGOs all have a duty to make sure Somalia succeeds and gets it right in building and creating independent, impartial judicial system. This is the only foundation Somalia can restore law & order and guarantee its citizens safety and welfare.  It is the only way to guarantee Somalia’s’ territories will not be used for terror and piracy.

The creation of independent and impartial judicial system is as important as securing Somalia militarily. Without it, corruption, looting, and crime will take root and Somalia will surely fail again. If the situation does not get better, the trust of the citizens will be lost and peace will not last long.

The following is areas that the international community can assist Somali TFG in rebuilding the judicial system.

Strengthening Supreme and Appellate courts: The judges of these courts were sworn in back in 2007 but as the case of the military tribunal shows, they have not reinstituted anything that resembles civilian court. This is a huge and gaping hole that demands a remedy. The independence of the Chief Justice and Supreme Court justices is under huge cloud. Somalia is ranked one of the most corrupt countries but these justices have not spoken out and we have not heard them speak against corruption or do a thing about the rampant corruption.  All indications point to judges that are not independent to pursue cases involving people in higher offices who misappropriated public funds or committed crimes against humanity. The judicial system lacks protection, funding and all facilities needed to work independently.

Creation of Human Resources: The international community can assist in hiring and training judges, magistrates and judicial officers, providing them with salary, protection, book keeping, case management, legal texts, criminal and civil law procedures and good working conditions. 

Reduction of Judicial Corruption: The international community should assist in creating the mechanism to reduce judicial corruption such as raising the salary of the judicial officers, providing training, and awareness of ethics and proper conduct of all judicial personnel. Creating internal and external auditing within the justice system will go long way in remedying the current situation.

Creation of Community and Rural Courts: Creation and expansion of magistrates’ courts and circuit courts in all counties specially all the areas that the government took control is necessary and must be done fast.  Islamic Courts Union did succeed in the past creating such a courts. Courts should be reinstituted with a condition that extremists should not be allowed to run them.  They should come under the supervision and direct control of the higher courts.  These courts should receive training, funding and legal texts. There should be an oversight of their rulings by the higher courts to make sure no excesses are taking place. Somalis are Muslims; their statutory and customary laws were always derived from Islamic Sharia and this is the prime area that citizens seek justice today. Therefore, the rule of law to succeed in Somalia there must be integration between the Sharia law and the community that it serves.

Creation of Civil Society Watch Dog Organization: Creation of civil society organization watch dog for court performance is an area that can help in ensuring the courts remain impartial and independent and will reduce corruption within the justice system.

Linking aid to good governance and rule of law: It is possible the current Somali Transitional Government will include people who have misappropriated public funds or committed serious crimes in the past. These individuals will try to stifle and prevent the judicial system to work. They will do all they can to prevent accountability and transparency. The international community must not fail to link their aid with good governance and establishment of credible judicial system. Linking aid with good governance will help the legal system to stand guard against corruption, nepotism and favoritism.

Professional Police Training: The police arrests and investigates criminals, thieves and anyone accused of crime until their case is heard. It is critical that a professional, independent and accountable police force is created. The police must be freed from politicians and bureaucratic control. The police commissioners and officers should receive proper training in the legal and human rights of detainees.  If corruption prevails in the police it will be impossible for the justice system to work.  The police must be paid well and there must be a credible checks and balances to detect, investigate and weed out corrupt police officers.

The Military Courts belong to the military barracks and should be used as a short term measure for extraordinary circumstances. The Somali Civil Societies, TFG, Somali Diaspora, UN and NGOs must do their utmost to make sure credible, independent, impartial civilian judicial system is put in place to prevent corruption, mistrust, and crime. Without it, people will not trust the government and Somalia will continue to be in a perpetual self mutilation. Our people and nation deserve better.