From September 2nd to 3rd, 2024, Organization for Minority Rights Advocate – OMRA, in partnership with UNSOM and UNICEF Somalia, conducted a two-day training on Access to Justice for Minority and Marginalized Groups in Dhusamareb, Galmudug state. The training aimed to empower these communities with essential knowledge and tools for accessing justice and legal services, addressing concerns about their exclusion from the formal justice system which has led to significant social and economic inequalities. The event began with an introduction of the participants and was officially opened by Mohamed Mahad, OMRA Director. He welcomed the attendees and provided an overview of the training objectives, which included raising awareness about the legal rights of minority and marginalized groups, enhancing their ability to navigate the justice system, equipping CSOs, Youth, and minority groups with advocacy skills, and fostering collaboration between local authorities, legal professionals, and the communities to address barriers to justice.
The training brought together 20 participants (11 female, 9 male). The participants were carefully selected to ensure a diverse representation of the community, including individuals from different CSOs, youth, relevant government institutions, disability organization, women organization among others.
The facilitator employed an inclusive and participatory training methodology focused on interactive engagement with participants from minority and marginalized groups, CSOs, and other participants. The approach blended theoretical discussions with practical, real-world scenarios, encouraging participants to share their experiences and insights. By fostering a safe and open environment, the facilitator enabled a deeper understanding of the barriers these groups face in accessing justice. This method not only empowered participants to reflect on their own challenges but also to collaboratively explore solutions, making the training both impactful and relevant.
During the training participants engaged in a comprehensive discussion on the various facets of marginalization and the justice system in Somalia. The conversation began with an exploration of what constitutes marginalization, recognizing that it occurs when certain groups are denied access to societal opportunities based on ethnicity, gender, disability, socioeconomic status, or age. The participants discussed the different types of marginalization—economic, political, and social—and delved into its causes, such as discrimination, poverty, and structural disadvantages that inhibit these groups from fully participating in society.
A significant portion of the discussion focused on the effects of marginalization, including the limitation of talent pools, an increase in criminal activity, and the emergence of mental health issues. In the context of the Somali clan structure, participants examined how major clans hold power while minor clans and casted communities face systemic exclusion. This led to a conversation about the role clans play in community marginalization within Galmudug and how such marginalization can be addressed to foster a more inclusive environment.
Participants delved into the legal framework for protecting minority and marginalized groups, focusing on both international and national provisions. The session began with an exploration of international human rights law, highlighting its significance in safeguarding the rights of minority and marginalized groups. Participants examined the Declaration of Minority Rights, discussing its role in establishing standards for the protection and promotion of the rights of minorities worldwide. The Universal Declaration of Human Rights (UDHR) was also a key focus, with discussions centered on how its principles provide a foundation for ensuring equal rights and freedoms for all individuals, irrespective of their minority status. Moving to the national context, participants analyzed the Somali Constitution, particularly the provisions that pertain equality and non-discrimination was discussed, with participants reflecting on how these principles can be more effectively enforced to protect vulnerable groups in Somalia.
The training also covered the Somali justice system, both formal and informal. Participants were briefed on the structure and challenges of the statutory justice system, noting several systemic and institutional challenges in Somalia’s justice system. One major issue is the limited resources available for the judiciary and a shortage of trained personnel such as judges, prosecutors, and lawyers. This scarcity undermines the effectiveness of the justice system, with many officials lacking proper training in Somali law and instead relying on customary procedures. Furthermore, the judiciary is often constrained by insufficient budgets, which hampers the ability to maintain adequate facilities, pay staff, and ensure security for judicial personnel. The participants also highlighted the lack of independence within the judiciary, where political interference is common, leading to the appointment and dismissal of officials based on political agendas rather than merit. Corruption and systemic mismanagement were also noted as pervasive issues, eroding public trust in the formal justice system. Cultural and social barriers were equally significant in the discussions. Participants emphasized that the clan-based social structure in Somalia often marginalizes minority groups and creates disparities in accessing justice. The xeer system, although deeply rooted in Somali culture, was seen as both a strength and a limitation. While it provides a form of accessible justice, particularly in rural areas, it also reinforces existing power dynamics and can be biased against marginalized groups. Additionally, the cultural practice of collective responsibility within clans often leads to injustices, where individuals are held accountable for the actions of their relatives, further complicating the pursuit of justice for marginalized communities. The participants recognized that these cultural and social barriers are deeply entrenched, making it challenging to implement reforms that promote equity and fairness across all levels of society.
Through these discussions, participants identified the barriers to accessing justice, which included systemic and institutional challenges, as well as cultural and social barriers. The gaps in the current system were acknowledged, and collectively brainstormed solutions to improve access to justice for all, particularly for marginalized and minority groups in Somalia. They discussed the need for legal reforms to enhance the independence and capacity of the judiciary, emphasizing the importance of protecting judicial appointments from political influence and improving the training of legal professionals. There was a strong consensus on increasing funding and resources for the justice system, addressing corruption, and ensuring the security of judicial staff. Culturally, participants recognized the importance of reforming the xeer system to align with human rights principles while maintaining its accessibility.
Participants also highlighted that the availability of Legal Aid services is notably limited in Galmudug, which poses significant challenges for individuals in need of legal assistance specially minority and marginalized groups. The scarcity of such services means that many people are unable to access the necessary legal support to address their issues, whether they involve personal disputes, criminal charges, or civil matters. This limitation not only affects the ability of residents to seek justice but also exacerbates the broader issue of legal inequality in the region. The lack of comprehensive Legal Aid services underscores a pressing need for increased support and resources to ensure that all individuals have the opportunity to receive fair and equitable legal representation. They also discussed the need for community-based education campaigns to change societal attitudes toward marginalized groups and promote a more inclusive and just society. Overall, the discussions highlighted the necessity of sustained efforts, collaboration, and ongoing reform to achieve meaningful change.
Participants engaged in a thorough discussion about Community Empowerment and Awareness regarding access to justice, emphasizing the importance of educating minority and marginalised communities about their rights. The conversation highlighted the critical need to empower these communities by enhancing their understanding of legal rights and available resources. By raising awareness and providing education on access to justice, the goal is to equip individuals with the knowledge necessary to advocate for themselves and seek legal assistance effectively. This approach aims to bridge the gap between marginalized communities and the justice system, fostering greater legal empowerment and ensuring that everyone has a fair opportunity to exercise their legal rights rights.
The training marked a vital stride in empowering these communities to pursue justice and safeguard their rights. The enthusiastic participation and favorable feedback from attendees highlight the ongoing need for initiatives in this area. By tackling the challenges identified and putting the recommendations into action, it is expected that access to justice for minority and marginalized groups in Galmudug will see substantial improvements emphasizing the need for better implementation of existing laws and the development of new policies that address the unique needs of these communities. The training wrapped up with a shared agreement on the importance of ongoing dialogue and reforms to guarantee that justice is accessible to all, regardless of social status or clan affiliation.