Justice delivery mechanisms and processes for women and girls in Somalia

The justice delivery mechanism for women and girls in Somalia entails courts, religious courts, and customary courts.

Legal/ statutory courts

The highest court of law in Somalia is the Supreme Court, which is based in Mogadishu. It has full authority to interpret the law. Women who are not satisfied with the ruling of the lower can appeal to the Supreme Court. This is because the Supreme Court appeals to the judgments made by lower courts. It is comprised of the chief justice, nine surrogate judges, and four laymen. Other legal courts include the courts of appeal, regional courts, and district courts. The district occupies the lowest level in the judicial structure of Somalia. Somalia has a total of 84 district courts, each consisting of criminal and civil divisions. The criminal division deals with offenses that require fines or prison sentences of a maximum of three years, while the civil division deals with crimes that require the application of customary and sharia laws.

Religious court/ Sharia courts

Islamic/ sharia courts were first established in north Mogadishu in 1994. These courts have been part of Mogadishu’s clan power, and the enforcement of judgments depends on military men recruited to form the clan. The sharia courts have successfully dealt with criminality against women and girls in Somalia, particularly in Mogadishu.

Customary courts in Somalia

Customary courts in Somalia mainly focus on solving customary disputes in which women are more victims. The courts engage in negotiation, mediation, and arbitration. This form of justice delivery facilitates reconciliation and enhances restorative justice. Arbitration has been recognized as an effective way of solving disputes in contemporary Somalia. Generally, the success of the resolution of customary disputes is contingent on the involvement of the offender, victims, and the community.