Running head: Somalia Transitional Justice

Assignment #4: Somalia - Post Conflict Transitional Justice for Women and Girls
Daniel R. Gaita, MA
April 6th, 2016
University of Southern California
School of Social Work
SOWK 522
Professor Elizabeth Swart, MSW, LCSW

Somalia Transitional Justice

Justice for Women in Somalia
Abstract
Building upon two prior works specific to global violence against women in the nation of

Somalia (Gaita, 2016a; Gaita, 2016b), this work explores the social issue of Transitional Justice and
post conflict reconstruction in the African nation of Somalia, with a focus on the challenges and
mechanisms required to formulate effective justice interventions to address protections for women
and girl victims of gender based violence in this war torn and struggling nation state.

Somalia Transitional Justice

Introduction

Post civil war reconstruction in the Eastern African nation of Somalia has been undergoing a
transition since the end of its 1991 civil war which relegated the nation to a classic example of a
collapsed state (Jeng, 2014; Loubser, 2014; The Somalia Phenomenon, 2011; Gaita, 2016a; Gaita,
2016b). The civil war and a widespread drought and famine claimed the lives of 240,000- 280,0000
Somalis (Gundel, 2002). The divisions of war resulted in many consequences, but none quite as
horrific as the routine torture, rape and murder of women and girls in this lawless state; virtually all
Somalis have a deep seeded fear and distrust of any centralized authority (Hussein, 1998).
The impact of conflict on Somalia seems almost unprecedented, not only in terms of the
nature of the destruction and suffering that conflict has caused through the preceding decades, but
additionally in terms of the corresponding residual effect it has had on the outlook of the state and
its institutions (Jeng, 2014). Specifically, the absence of functioning state systems are so vast and
complex that the result is often an overall state of institutional paralysis that has resulted in a
repeated and conditioned trajectory towards violence and disruption (Jeng, 2014).
The interventions in the wake of the Somali state disintegration in 1991 involved the United
Nations and American troops previously authorized under United Nations Security Council
Resolutions 751, 775, and 794.4 (Jeng, 2014). However, those earlier interventions did little to
forestall the Somali political and humanitarian crisis. Rather, it complicated many facets of the
crisis by disrupting the structures and flow of lineage and social governance, while also opening
power vacuums for predatory networks of extraction and violence. Thus weve learned again the
painful lesson that the convergence of war, politics, and law must be carefully dissected according
to the telos of each participating state, entity, or agency (Jeng, 2014).
While the United States and United Nations attempted humanitarian mission (Operation
Restore/Continue Hope) failed and resulted in nearly two more decades of suffering, we have also
recently learned of the African Unions evolving transitional justice framework in which there
emerges an integrated nonhierarchical model with the potential to provide a clean slate for a

Somalia Transitional Justice

transformational transitional justice template for Somalia. The framework is promising as it

encourages traditional mechanisms and social governance.

Where this collaboration has occurred in Somalia weve seen the workable construction of
transformational post-conflict transitional justice frameworks. Such systems often involve the
simultaneous coordination of micro, messo and macro institutions, which collaborate via family and
friends in their respective tribal communities in coordination with local law enforcement, and
federal institutions of law and justice.
A Conceptual Overview Of Transitional Justice
The United Nations has defined transitional justice as the full range of processes and
mechanisms associated with a societys attempt to come to terms with a legacy of large-scale past
abuses, in order to ensure accountability, serve justice and achieve reconciliation (UN, 2014). The
need to deal with past wrongs is essential as a means to attaining a semblance of justice and closure.
Doing so has become procedurally unavoidable, morally imperative, and, above all a political
absolute (Jeng, 2014).
Historical Overview
The symbolism in seeking redress for past impunities owes a great deal to the impact of the
post World War II Nuremberg Trials (Jeng 2014). Since then, United Nations work on transitional
justice has been based on international human rights law, international humanitarian law,
international criminal law and international refugee law (UN 2014).
Prior methods used by the United States towards conflict resolution and peacekeeping have
been "symmetrical," as they fit into the mold of how we once conducted such efforts. However,
Somalia poses a unique dilemma that has exposed U.S. policy failures, which have repeatedly not
worked (Ferrell & Hanser, 2011).
Lessons From Failures. United States foreign policy in Somalia suffered from paradigm
paralysis, referring to the inability or refusal to overcome conventional modes of thinking (Ferrell &
Hanser, 2011). Specifically, failed models of foreign policy that have been repeated with miserable
failure and mass loss of life since the Vietnam war whereby one elected United States
administration is replaced by another with differing political aspirations that negate the work and

Somalia Transitional Justice

effort of the previous administration for merely political and personal gain. This dangerous and

habitual policy of the United States cares not abut the welfare or success of the people of Somalia,
but rather cares more about the success of the current political picture as it pertains to the next
election cycle.
This type of failure in the greater cognition of U.S. elected leaders is arguably caused by the
cognitive dissonance, which besieges the human capacity for clear cognition. Perhaps it can best be
defined as an internal human conflict between the id, ego and superego coupled with a shift in U.S.
national ethos and a dumbing down of her citizens to merely quibbling bobble-heads with no
sustainable endurance towards global welfare and a seeming inability to put aside the wants of
individual greed in place of the needs for greater humanity and global survival.
If Albert Einsteins quote saying "Insanity is doing the same thing over and over again and
expecting a different result," then the examples of the current and past policies used by the various
United States administrations toward Somalia have indeed proven themselves "insane (Ferrell &
Hanser, 2011). Rather than referring to these repeated failures as insanity, this work explores them
as lessons, which have brought forth new, more effective models of transitional justice in post
conflict nations.
Modern Models
The concept of transitional justice policies have evolved from the standard United States and
European Unions symmetrical approaches to that of todays asymmetrical models of
transitional justice being implemented by the African Union and the United Nations.
Asymmetric Approach. In terms of asymmetry, the phrase "asymmetric policy
formulation" refers to unconventional foreign policy creation in lieu of established or accepted
methods. An asymmetric approach is necessary to solving issues of internal strife, conflict, and
corruption that are inherent to Somalia. But it does require a paradigm shift, which involves two key
components: peacemaking theory and restorative justice techniques. It should be pointed out that
these two components each seek to achieve the same objective but do so from different vantage
points (Hanser, 2009).

Somalia Transitional Justice

Peacemaking theory. Attempts to make communities stable and compassionate thereby

reducing the likelihood of additional violence (Ferrell & Hanser, 2011).

Restorative justice. Uses techniques after a crime has been committed, as an attempt to
repair the harm that has been caused by conflict or victimization (Ferrell & Hanser, 2011).
Hybrid Models. Hybrid models of transitional justice following conflict combines scholarly
components of asymmetric policy formulation with peacemaking theory with the practitioner
approach consisting of restorative justice techniques that have been used among numerous active
practitioners in a number of nations and for a variety of issues (Ferrell & Hanser, 2011).
Four Tenets. The United Nations has prescribed four tenets of international human rights
law that have become the framework for transitional justice and the fight against impunity: (a) the
State obligation to investigate and prosecute alleged perpetrators of gross violations of human rights
and serious violations of international humanitarian law, including sexual violence, and to punish
those found guilty; (b) the right to know the truth about past abuses and the fate of disappeared
persons; (c) the right to reparations for victims of gross violations of human rights and serious
violations of international humanitarian law; and (d) the State obligation to prevent, through
different measures, the reoccurrence of such atrocities in the future (UN, 2014).
Transitional Justice Specific to the African Union
This paradigmatic shift from symmetric to asymmetric transitional justice policy making in
the African Union (AU) has evolved toward a mindset that places urgency and value in the
recognition of past wrongs coupled with the improvement of the human condition and the sanctity
of human life (Jeng, 2014). The potential of such a framework is idealized as offering a kind of
alternative that can achieve a deeper, richer and broader vision of justice, which seeks to confront
perpetrators, address the needs of victims and assist in the start of a process in reconciliation and
transformation (Boraine, 2006). The genesis of the AU position originates from the Consultation
Report abstracted from the African Union Commission Consultation with African Union Member
States on Transitional Justice (Jeng, 2014).
Consultation Report

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Somalia Transitional Justice
The consultation was held in Cape Town, South Africa, September 11-12, 2011. Aimed at

outlining the fundamental ethos that should underpin an African transitional justice policy
framework. It involved largely member states, independent experts, representatives of international
organizations, and civil society groups (Jeng, 2014). The issues it addressed are also central in other
pre-existing A.U. mandates and instruments such as the Constitutive Act, whose foundational ethos
of humanity, justice, and peace resonates strongly with the operative premises of transitional justice
(Jeng, 2014).
The Constitutive Act. In its preamble, indicates that the pervasive scourge of conflicts in
Africa constitutes a major impediment to socio-economic development while underscoring the need
to promote peace, security and stability as a prerequisite for development and integration in Africa
(Jeng, 2014)
Protocol Relating to the Establishment of the Peace and Security Council of the
African Union. This AU instrument underscores the development of strong democratic institutions
and culture, observance of human rights and rule of law, as well as the implementation of postconflict recovery programs and sustainable development policies deemed crucial for the collective
security, durable peace and stability as well as the prevention of conflicts (Jeng, 2014) Article 3 of
the protocol emphasizes transitional justice processes and a strong presence of peace-building and
post-conflict reconstruction activities to propagate peace and prevent the resurgence of violence
(Jeng, 2014).
African Union High-Level Panel on Darfur. Therein affirms the interdependence between
peace, justice, and reconciliation. In highlighting the role of the African Union in Darfur, the panel
indicates that it should be the responsibility of the AU to initiate and establish a system for
constituting the mixed judicial panels and nominating legal officers for the court (Jeng, 2014).
Local Institutions
While Somalia institutions were disintegrated by conflict, the asymmetric hybrid design of
the African Unions approach is helping to formulate locally driven, locally focused, locally

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Somalia Transitional Justice
managed, and locally imagined framework capable of repositioning the country on the pathways of

justice, reconstruction, and development (Jeng, 2014).

Application of Transitional Justice Systems in Somalia

Running head: Somalia Transitional Justice

Purpose
With the primary purpose of transitional justice being the rectification of wrongs,
facilitation of healing, and establishment of parameters towards the negotiation of a post conflict
future, it would seem evident that the African Union model of an asymmetric, hybrid, hierarchy
of contributing institutions is performing more effectively than previously failed U.S. and E.U.
symmetric policies.
Initiation
March 2013, the United Nations Population Fund (UNFPA) and the United Nations
Development Program (UNDP) established a joint initiative, which brought about the formation
of the community police initiative to specifically handle cases of gender-based violence (Banda,
2015).
December 6th, 2013 African Union (AU) Mission for Somalia held workshops geared
toward building the capacity of the judicial systems to ensure responsiveness while also
upholding and respecting women's rights (AMISOM, 2013).
Information
The workshop highlighted the international and regional instruments that protect women,
while discussing policies that enable women to access new judicial systems and working to
reform institutional cultures that prevent women from fully enjoying their rights (AMISOM,
2013).
Implementation
Through multi-agency coordination, Somalias Ministry of Security has deployed female
community police and specially trained female prosecutors to handle cases of gender-based
violence. These female police are trained to work sensitively with survivors, recording and
reporting incidents of violence, along with providing initial psychological support and offering
referrals for clinical management and legal redress (Banda, 2015).
This new multiagency hybrid intervention integrates health, psychosocial, legal, justice
and community responses (Banda, 2015). Specifically, it enables health systems to refer abuse to

Running head: Somalia Transitional Justice

law enforcement agencies and vice versa, essentially removing the victim from the process of
reporting violence or abuse when medical observation dictates.
The program is coordinated with the Attorney General's office, the criminal investigation
department, schools, communities, and local non-governmental and faith based organizations
(Banda, 2015).
These types of interventions also work within communities by encouraging civic
responsibility by giving more ownership to communities while changing attitudes about sexual
abuse and gender-based violence to empower victims to refer these crimes to the health and
justice systems (Banda, 2015).
Results
In Somalia today, gender-based violence cases have been brought to the court and
criminals have been tried and sentenced to prison. This is attributed to the visible presence of
police at the community level, deployment of female gender-based violence volunteers,
increased community involvement and growing public confidence in the system." (Banda, 2015).
While the reporting of convictions is promising, we would be shortsighted to infer the
matter of violence against women and girls in Somalia as resolved. On the contrary, Somalia still
remains a living hell on earth for its women and girls, however progress towards justice is, ever
so slowly being made.
Conclusion
When perpetrators are brought to justice and convicted where such justice was absent
prior, a shift occurs in the community members attitudes about seeking justice for these crimes.
As a result, successful implementations of transitional justice systems serve to embolden the
once victimized segment of the population that had been forced to remain silent out of fear of
vengeance or public shame. As a result, we are now beginning to see female victims of these
horrific crimes find a voice where one was once never heard, or worse kept silent.

Running head: Somalia Transitional Justice

Painful lessons in post civil-war nation building and restructuring have taught us that
neither one sector nor symmetrical interventions cant effectively address gender-based
violence or institute systems of effective justice administration (Banda, 2015). The actual
work of strengthening and propagating intervention programs geared toward prevention and
protection mechanisms against gender-based violence in Somalia require multiple
mechanisms, involving police, health entities, communities, national, global and nongovernmental entities.

Somalia Transitional Justice

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