Justice sector

Justice sector

Priorities and strategies

Justice sector priorities of Puntland include:

  • Law reform   

The government of Puntland has shown its intense commitment to promoting the rule of law and human rights, and to delivering an effectively functioning justice system for its citizens.

Capacity Building

To strengthen and build the capacity of the justice sector, the government is committed to:

  • Supporting members of the High Judicial Council to fully undertake their responsibilities of establishing and protecting the independence of the judiciary;
  • Providing training to members of a High Judicial Council Secretariat to effectively serve as judicial system professional administrative staff;
  •  Training professional staff of the Ministry of Justice to effectively undertake justice sector    monitoring and reporting;
  •  Improving the standards of legal education institutions
  •  Rehabilitating and building the justice sector infrastructures

Access to justice

  • Developing and Passing legal Aid Policy and Dissemination
  • Strengthen justice sector coordination and monitoring evaluation.
  • Establish a law institute to advance the development and implementation of the rule of law
  • Implementation and dissemination Prison law
  • Implementation and disseminationnotary public law
  • Implementation and dissemination of the Legal Profession Act
  • Implementation and dissemination counter Piracy law and their transfer into Somalia.
  • Expansion of the jurisdiction and operations of mobile courts
  • Building the capacity of judiciary staff and attorney general
  • Certification of lawyers
  • Gender mainstreaming legal service delivery
  • Expand provision of legal aid and outreach clinics
  • Internship programmes for law graduates
  • Capacity building to prosecutors and infrastructural enhancement

Alternative dispute resolution systems

  1. Integrating ADR into the MOJRAR Strategic Plan to ensure is ADR institutionalized and functional at National and District level.
  2. Capacity Building for ADR Stakeholders on training of PPU staff, and certification of Qadi and Chiefs (traditional elder; Nabadoon)
  3. Researching on ADR baseline for monitoring and tracking the improvement of Justice and supporting Youth for Change Initiative caseload identification
  4. ADR Coordination and Monitoring
  5. Developing Peace building policy and dissemination
  6. Establishment of houses of community dispute resolution
  7. Dispute resolution among warring clans and even between individual disputants

Youth for Change

the implementation of the Youth for Change programme effectively operational zed restorative justice by using community mechanism (elders and Sheiks) to identify youth associated with piracy groups, and sentences them to social and legal transformation process (community sentencing).  In addition, it paves the way for the establishment of the parole and probation mechanism (alternative sentencing) under the judicial process. This reform and reintegration process includes the following components:

  • Sensitization, outreach and negotiation
  • Orientation and skills development
  • Social and Economic integration
  • Case management

Rule of law

As stated above, promoting the rule of law is the top priority of the justice sector in Puntland. Consequently, expanding access to justice and raising public awareness of the rule of law; ensuring that the rule of law is abided by all the citizens of Puntland; and strengthening the capacity of the law enforcement institutions are among the major priorities to be addressed in the justice sector reform program.

Improving service delivery and speed

Within this priority area, the justice sector reform program aims at improving the legal, personnel and infrastructural capacity of the system so as to enhance the speed with which justice is delivered to the citizens of Puntland

Increasing public confidence in the judiciary

The justice sector reform program acknowledges the need to increase public confidence and awareness of the role of the judiciary and legal systems in the country. Consequently, it envisages the creation of public trust in the modern judiciary system and gradually lessening the heavy dependence on the traditional clan mediation practices.

Increasing women participation in the justice sector

Recognizing the importance of women participation in the justice system, the justice sector reform program aims at promoting women’s legal education, entry into the legal profession.

Policy, legal and institutional reform

The justice sector reform program entails the reforming of various justice sector policies and laws. It emphasizes the drafting and amending appropriate justice system laws and policies for strengthening and empowering the capacity of the judiciary, and ultimately enhancing the justice delivery system in Puntland. The reform process also indicates that all justice sector policies and laws. Some of the most important policies and laws to be reformed include:

  • The Penal Code
  • The Criminal Procedures Code
  • The Civil Code and Civil Procedures Code
  •  The Civil Registers and Commercial Code

Protection of Children, Youth & Vulnerable Groups 

Priorities and strategies

  • Provide training and education for police, prosecutors, magistrates and judges about current laws, policies and practices (eg. training for front line officers on ESGBV
  • Provide information and education to communities about existing laws, and changes to laws through a legal empowerment framework.
  • strengthening traditional justice systems
  • Development of the Child Act borrowing from the Convention on the Rights of the Child, 1989.
  • Development family law and dissemination
  • Amendment of the FGM act and passing by the COM and Parliamentarian.
  • Issuing of fatwas by religious on the illegality of FGM under Islamic law and tradition to enhance the rights of women and girls
  • To carry out extensive media campaign on the use of standard definition and terminologies on elimination Sexual Gender Based Violation (SGBV issues)\
  • Advocating for the rights of street children and their reintegration into the society
  • Combating human trafficking and migrant smuggling and advocate for the rights of victims
  • Capacity building of the ministries, Judiciary to implement the FGM/C act /Legislation.
  • Develop national strategies for the implementation and roiling out the FGM/C act including Dissemination to the community and stakeholders.
  • Strengthen religious leaders network to advocate on the FGM/C abandonment.
  • Undertake on analysis of traditional laws and others on child marriages to help  in addressing child
  • Develop a strategy on advocacy on abandonment of child marriages.
  • Design a strategy of community dialogue targeting changing social norms related to FGM/C, Child marriages and GBV.
  • Conduct on assessment on the gaps similarities and conflicts on the role of customary state and Islamic law in all forms of violence against children including child marriage.
  • Develop a legal frame work to create a protecting frame work for children in Puntland
  • Desk review and analysis of the existing national policy, legislation and laws related to justice for children and existing studies and findings on justice for children legal system/framework in Puntland .
  • Consultation with the National and regional legislation bodies and other stakeholders to develop justice for children act
  • Develop legal framework for justice for children
  • Develop a curriculum for training of prosecutors and lawyers on handling children`s cases on diversion

Ensure child detention facilities are separated from adults in the current prison expansion