Somali Joint Needs Assessment

Transcription

1 Publi Dislosue Authoized Publi Dislosue Authoized Publi Dislosue Authoized Publi Dislosue Authoized Somali Joint Needs Assessment Cluste Repot August 2006 Govenane, Seuity, and the Rule of Law Doument of the United Nations & the Wold Bank

2 ACKNOWLEDGMENTS This epot was dafted by a team headed by Sylvia Flethe (UNDP Somalia), Govenane, Seuity, and Rule of Law luste leade, with subluste leadeship by Olivie Le Bun (Reoniliation and the Rule of Law); Geg Lindstom (Seuity); Lauent Maion (Govenment, Publi Administation, and Aountability); and Cynthia Gaigals (Civil Soiety, Patiipation, and Media). Coodination and analysis of field data wee led by Aues Sek. Majo ontibutos on themati aeas, in addition to subluste leades, wee Abdullahi Said Osman, Luigi N. Tessioe, Noha El-Mikawy, Giulio D Eole, Sidi Zahabi, Ted Mose, Paula Pennanen, Kisti Samuels, and expets fom AWEPA. The wok on ivil sevie was done jointly with a Wold Bank team led by Hay Ganett. Input on oss-utting themes and intenational expeiene was povided by Ayoo Odioh, Hendia Okondo, Ouma Kane, Johan Svensson, Abdusalam Ome, Mohammad Pounik, Kamil Kamaluddeen and Qais Naoman. The deputy luste leade was Abdullahi Said Osman. Lauent Maion povided oodination of sublustes, patiulaly duing the stage of fieldwok. Olivie Le Bun oodinated the pepaation of subluste epots. Dozens of expets povided input and patiipated in field missions, inluding the following: Aweis Hagi Mohamud, Kassim Ahmed Abdulle, Mohamed M. Guled, Siad Siyad Shiwa, Khalif Faah, Col. Jaotody Jean de Matha, Kama Yusuf, Rukia Osman Shi, Mohamed Said Mohamud, Ali Doy, John Dingley, Eddie Boyle, Lauel Patteson, Mohamed Abudullahi M., Paul Simkin, Fatuma M. Abdi, Mike Bike, Hatem Bamehiz, Tahlil Haji Ahmed, Dahabo Oma Mohamed, Keith Biddle, Laue-Helene Pion, H. J. J. Haen, Andiweli Ali, David Bell, Ei Ovevest, Mohamed Abdi Hayi, Danabo Cuma, and Rugiyo Cusman. UNDP Somalia povided geneal suppot, unde the dietion of County Dieto El-Balla Hagona. The substantive ole of the Somali authoities and expets is widely aknowledged. The Govenane, Seuity, and Rule of Law luste woked unde the oodination of UN Senio Tehnial Coodinato David Bassiouni and Wold Bank Senio Tehnial Coodinato Lloyd MKay, of the Somali Joint Needs Assessment Seetaiat, with opeational suppot led by Louise Cotta, oodination offie, ably assisted by a team ompising Susan Muiui, exeutive assistant, Nafisa Santu, wokshop oodinato, and Magaet Onyango, finane assoiate. ii

3 TABLE OF CONTENTS ii v vii SUMMARY... viii Oveall Objetive and Key Themes... viii Vision and Stategi Objetives... viii Links to Othe Clustes... x Coe Stategies, Piniples, and Coss-Cutting Issues... xi Fom the Vision to Ahievable Objetives... xviii. INTRODUCTION... 1 Oveall Objetive and Key Themes... 1 Vision and Stategi Objetives... 2 Links to Othe Clustes... 4 Coe Stategies, Piniples, and Coss-Cutting Issues... 4 JNA Methodology... 5 Fom the Vision to Ahievable Objetives RECONSTRUCTION AND DEVELOPMENT PRIORITIES... 7 Subluste 1: Reoniliation and the Rule of Law... 7 Subluste 2: Seuity Subluste 3: Govenment, Publi Administation, and Aountability Subluste 4: Civil Soiety, Patiipation, and Media RESULTS-BASED MATRIX OF OUTCOMES AND INTERVENTIONS to Somali JNA Govenane, Seuity, and Rule of Law Cluste Repot iii

4 The Politial Context List of Boxes Box 2.1 Dives of Conflit in Somalia... 8 Box 2.2 Women s Agenda fom the Somali National Peae and Reoniliation Confeene Box 2.3 Pioities fo the Rule of Law Box 2.4 Stategi Appoahes to Develop the Justie System Box 2.5 Pinipal Duties of the Somalia Polie Foe, Histoially Box 2.6: The Tansitional Fedeal Chate: Summay of Guiding Piniples List of Tables Table 2.1: Puntland Distit Counil Budgets Table 2.2: Somaliland Distit Counil Budgets Table 2.3: Somaliland Distit Counil Expenditue Table 3.1: Somali JNA Results-Based Matix, Govenane, Seuity, and the Rule of Law Cluste iv

5 ACRONYMS CBOs CSC CSOs DDD&R DDG DDR DFID DRC EOD ERW FCC FMAC ICT IDPs IEDs JNA LIS MACC MACs MOU MRE NDC NGO NSSP PDRC PLPF PMAC PRMT RBM RDF ROLS RRA S/C SDP SLPF SMAC SNPRC So. Sh. SPF TA TFC TFG ommunity-based oganizations Civil Sevie Commission ivil soiety oganizations Dietoate of Demining, Demobilization, and Reintegation Danish Demining Goup disamament, demobilization, and eintegation United Kingdom Depatment fo Intenational Development Danish Refugee Counil explosive odnane disposal Explosive emnants of wa Fedeal Constitutional Commission Fedeal Mine Ation Coodination Cente infomation and ommuniation tehnology intenally displaed pesons impovised explosive devies Joint Needs Assessment landmine impat suvey Mine Ation Coodination Cente Mine Ation Centes memoandum of undestanding mine isk eduation National Demobilization Commission nongovenmental oganization National Seuity and Stabilisation Plan Puntland Development and Reseah Cente Puntland Polie Foe Puntland Mine Ation Cente Polie Reativation Management Team Results-Based Matix Reonstution and Development Famewok UNDP Rule of Law and Seuity Pogammeme Rahanweyn Resistane Amy South Cental Somalia Stategi Development Plan Somaliland Polie Foe Somaliland Mine Ation Cente Somali National Peae and Reoniliation Confeene Somalia shillings Somalia Polie Foe tehnial assistane Tansitional Fedeal Chate Tansitional Fedeal Govenment v

6 TFI Tansitional Fedeal Institutions TFP Tansitional Fedeal Paliament TOR tems of efeene UN United Nations UNDP United Nations Development Pogamme UNESCO United Nations Eduational, Sientifi, and Cultual Oganization UNICEF United Nations Childen s Fund UNOSOM United Nations Opeation in Somalia USAID United State Ageny fo Intenational Development US$ United States dollas UXO unexploded odnane vi

7 FOREWORD This luste epot is pat of the tehnial wok of the Somali Joint Needs Assessment (JNA), an exhaustive tehnial exeise involving extensive onsultations with Somali stakeholdes, anging fom ivil soiety goups to national and loal authoities and paliamentaians. It has been podued by an integated team of Somali and othe tehnial expets dawing on infomation fom (a) existing soues, (b) onsultation wokshops, () seleted field visits and meetings with a wide aay of Somali goups and individuals, and (d) questionnaie-based fieldwok undetaken by Somali expets in all egions to eview pioity needs and develop eonstution and development poposals to addess those needs. It esponds to speifi loal needs by poviding diffeentiated suggestions fo South Cental Somalia, Puntland, and Somaliland. Moeove, it eflets the impotane of thee key oss-utting issues peae building and onflit pevention, apaity building and institution development, and human ights and gende equity by addessing them as an integal pat of the poposed initiatives to ahieve desied eonstution and development objetives. The JNA team has used the six luste epots to pepae an integated Reonstution and Development Famewok (RDF). The RDF pesents a poposed set of initiatives to addess pioity needs fom among the wide set of needs. Clealy, not all needs an be addessed immediately o within the five-yea time fame of this RDF. Implementation apaity and likely esoue availability have been onsideed in developing RDF initiatives; howeve, behind all this is the fundamental objetive of suppoting Somalis in deepening peae and eduing povety as quikly as possible in a sustainable way. David S. Bassiouni UN Senio Tehnial Coodinato Lloyd MKay Wold Bank Senio Tehnial Coodinato vii

8 EXECUTIVE SUMMARY 1. Somalia has been without effetive govenment fo 15 yeas. It has suvived, but it has not pospeed. Vaious foms of govenane have filled the vauum left by the ollapse of the state in 1991, inluding infomal systems diven by the esugene of the ole of lans and by the evolving oles of business, eligious, and ivi goups. In South Cental Somalia, these goups povide an aay of sevies in most ommunities, and vaious levels of seuity, justie, and peditability in a ontext of ontinuing onflit and inseuity. In the absene of a funtioning ental govenment, Somaliland and Puntland estoed peae and seuity in thei states, but both ae still too weak to effiiently delive sevies. 2. Despite the esiliene of loal ommunities and businesses, the absene o weakness of the state 1 is at the oot of undedevelopment, as highlighted in suessive Somali Human Development Repots. 2 Wheeas many business people have found the ingenuity to ope and make a living, and some have taken advantage of inseuity and unpeditability, the business ommunity as a whole has not pospeed eithe. Lak of egulation, displaement, and onditions of envionmental pedation duing the past 15 yeas have signifiantly alteed Somalia s natual esoues, seiously ompomising the futue podutivity and livelihoods of the ual population. OVERALL OBJECTIVE AND KEY THEMES 3. The oveall objetive of the Govenane, Seuity, and Rule of Law luste is to suppot the Somali people to develop govenane institutions that, though thei edibility, legitimay, and eoniliation of onstituenies, an (a) ensue seuity and establish the ule of law; (b) egulate ommee and enable pivate seto gowth with intenational investment and tade; () enable investment in infastutue to suppot gowth and eovey fom wa; (d) enable the eovey of livelihoods; and (e) delive soial sevies to all Somalis, though loal govenane, with ommunity-led initiatives and patneships, and thus failitate the neessay investment in soial apital, espeially health and eduation, to ahieve the Millennium Development Goals. 4. Peae building and the eation of good govenane ae two key themes that have emeged fom the Somali Joint Needs Assessment (JNA). The hallenge fo the tansitional fedeal govenment (TFG) is to ahieve substantial pogess in building peae ove the next thee yeas, and to build a solid foundation fo good govenane by Despite thei elative suess in seuing peae, Somaliland and Puntland emain states with weak govenment institutions and ae still vulneable to onflit in many aeas, espeially thei bode distits. VISION AND STRATEGIC OBJECTIVES 5. Twelve stategi objetives make up the vision fo govenane, seuity, and the ule of law ove the peiod These objetives ae pesented below unde the fou sublustes viii

9 used in the JNA poess and in this epot: Reoniliation and the Rule of Law; Seuity; Govenment, Publi Administation, and Aountability; and Civil Soiety, Patiipation, and Media. Reoniliation and the Rule of Law 1) Reoniliation. Reoniliation poesses sueed in pomoting disamament, demobilization, and eintegation of militias; esolving land and popety disputes; eating onditions fo tansitional justie to satisfy the needs of Somali suvivos; and eating a onduive envionment fo inteommunity dialogue and loal govenane, whee eletions and politial dialogue will enable the inlusive patiipation of all goups within soiety, inluding youth, women, and minoities. Fo Somaliland and Puntland, poesses of eoniliation ae developed futhe to suppot dialogue fo dispute settlement and ineased patiipation in govenane, inluding youth, women, and minoity goups. 2) Justie and the ule of law. All Somali people, inluding vulneable and poo men, women, and hilden, have impoved and equal aess to basi stutues fo the administation of justie, funtioning in aodane with intenational human ights standads. All Somalis ae espetful of the ule of law and awae of thei ights and empoweed to exeise them. Seuity 3) Disamament, demobilization, and eintegation. These thee onditions ae substantially ahieved in all Somali egions. 4) Polie and seuity seto famewok. Effetive, aountable ivilian polie sevies ae opeational thoughout all Somali egions. Sevies fous on loal needs poliing within an oveall national o fedeal seuity famewok, with full involvement and oopeation of ivil soiety. 5) Mine ation. Mines and unexploded odnane ae substantially leaed, with suvivo assistane pogammes established and national apaities fo mine isk eduation and leaane opeational. Govenment, Publi Administation, and Aountability 6) Constitutional poess. A new onstitution fo a fedeal Somalia is pepaed in an inlusive, patiipatoy manne involving all setos of the population and adopted by popula efeendum, laying the goundwok fo a legitimate fedeal Somali state. 7) Demoatization and eletoal poesses. Multipaty demoay with inlusion of women, youth, and minoity goups is effetive in all Somali egions, with apaity built to move fom a lan-based system towad multipaty demoay. 8) Ahitetue of govenment. A minimal, lean, effiient fedeal stutue of institutions is funtioning to seve egions and loalities and embody good govenane poesses of ix

10 tanspaeny, aountability, and patiipation; deentalization stutues fo loal govenane ae well defined and opeational. 9) Capaity building fo govenment institutions and the ivil sevie. Tehnially ompetent and opeationally effiient and aountable publi institutions ae in plae, whih ae apable of building peae and pomoting human development to ahieve the Millennium Development Goals. 10) Loal govenane. Fomal loal govenane systems ae funtioning in all Somali egions, with integation of fomal and infomal systems fo sevie delivey that ae patiipatoy and inlusive of all population goups, inluding women. The systems failitate delivey (povided dietly o indietly) of good-quality, eliable, affodable, and sustainable sevies to all itizens; ontibute to eoniliation; and bidge the uban vesus ual-pastoalist divide though effetive po-poo poliies. Civil Soiety, Patiipation, and Media 11) Civil soiety and patiipation. Legitimate and edible nongovenmental oganizations (NGOs), ivil soiety goups, and umbella oganizations and pofessional assoiations wok independently and with ineased apaity to suppot peae, demoay, and eoniliation in all Somali egions, and with ineased oodination and ollaboation among themselves. Goups ae taking on ative advoay oles, with effetive hannels of dialogue and mutual espet established between ivil soiety and govenment authoities. Civil soiety influenes and patiipates in the onstitutional dialogue, peae building, deentalization poesses, and povety-edution stategies. 12) Media and infomation. Numeous and divese media hannels and outlets, inluding loal, inte-egional, and national oganizations, funtion with independene and integity, poviding infomation, eduation, eeation, and ultue fo all Somalis, using a divesity of methods of dissemination and tehnology to eah and engage all Somalis. LINKS TO OTHER CLUSTERS 6. Peae, seuity and good govenane ae ited in evey othe luste epot as neessay peonditions fo the suessful pusuit of that luste s ativities and objetives, fom esettlement of displaed pesons, pusuit of livelihoods, eation of infastutue, and development of podutive setos and the eonomy. The Govenane, Seuity, and Rule of Law luste develops hoizontally the itial omponents of the institutional and human apaities fo the famewok of govenment to suppot the initiatives of the othe lustes. In addition, the absoptive apaity fo eonstution and development is dietly elated to the apaity of govenment and nonstate patnes fo effiient, aountable management of esoues. x

11 CORE STRATEGIES, PRINCIPLES, AND CROSS-CUTTING ISSUES 7. The vision of what is possible in South Cental Somalia, Puntland, and Somaliland ove the next five yeas is diffeent fo eah egion. Thus, two oe stategies that have emeged fom the JNA ae asymmeti development assistane, enabling diffeentiated assistane aoss the vaious egions, and the need to ely on Somali leadeship. The option of wait and see as a esponse to ontinuing inseuity in some aeas will exaebate humanitaian needs, delay development of the podutive setos, and futhe destoy the natual envionment (whih is aleady devastated by 15 yeas of pedation and lak of sustainable use) has an extaodinaily high oppotunity ost fo Somali entepeneus, both in ounty and in the diaspoa, and geopolitial impliations, espeially fo seuity and humanitaian onditions in the Hon of Afia. Aeas that have been able to ahieve fagile peae ae at isk of a etun to violene if peae-building effots ae not enhaned and sustained. 8. A ompehensive peae-building and eoniliation poess fo Somalia must be founded on an analysis of the oot auses of onflit, with attention to the piniples of doing no ham minimizing unintended negative impats and of maximizing the peae-building effets of all inteventions. 9. In many ways, the oss-utting issues best desibe the fundamental elements of a suessful assistane stategy fo the Somali people. Peae building, eoniliation, and onflit pevention ae the oe equiements fo any suessful stategy in govenane, fo eonomi development, seuity of livelihoods, and soial welfae. Capaity building, institutional development, and antiouption summaize the neessay tools and poesses. Gende equity and human ights ae emindes that soial, politial, and eonomi inlusion ae neessay fo good govenane, and that a pospeous soiety annot be built on abuse, maginalization, o undeutilization of any of its itizens. Reoniliation and the Rule of Law 10. Somali eoniliation appeas to be fundamentally a politial poess ombining mediation and settlement of disputes, both those disputes that wee undepinning onflit and those that have aisen o beome deepe as a esult of violent onflit. The Somali National Peae and Reoniliation Confeene 3 led to the establishment of the Tansitional Fedeal Govenment, but despite this impotant esult, thee was no eal eoniliation among lans, militia, and politial leades. Delegates at the onfeene found onflit issues too sensitive and divisive to esolve, and only ageed on powe shaing in the new national, politial institutions and on the piniple of fedealism as outlined in the tansitional hate, without onete modalities fo its opeationalization. As a esult, extemely sensitive issues must now be dealt with by the Tansitional Fedeal Institutions (TFIs), suh as the etun of stolen o oupied eal estate, politial and militay ontol ove towns and egions, the ight of all lans to etun to live safely in Mogadishu, and the handling of hages of wa imes. Reoniliation did take plae to a signifiant extent in the nothen egions, demonstating that eoniliation is a peequisite to stability. xi

12 11. The vision fo a suessful eoniliation poess elies on the following pioity ations o intemediate objetives: TFI stutues esponsible fo peae building and eoniliation ae suppoted. Civil soiety is suppoted fo its patiipation in eoniliation. Loal eoniliation poesses ae suppoted as they emege and ae linked to loal govenane. Patiipation of women and integation of women s issues ae monitoed, and speial tagets fo epesentation and inlusion ae ahieved. 12. Legal plualism is a key featue of the ule of law in Somalia, with thee soues of law: ustomay law (xee), shai a law based in Islam, and fomal seula law, based on olonial and post-independent developments. Building good govenane equies the establishment of an integated justie system that is aessible to all, and using the stengths of the vaious systems and mehanisms opeating in Somalia unde taditional, eligious, and seula systems. This vision an be ahieved though the following pioity ations: (a) stategi famewoks ae developed fo integating the thee legal systems, and nomative famewoks ae developed to potet ights, espeially the ights of women and hilden; (b) apaity building of judiial pesonnel is undetaken, and ehabilitation o onstution of infastutue and equipment is done by stages, with pojets needing quik impat ombined with systemati, long-tem infastutue development; () land ights issues ae addessed though the ule of law; (d) a ultue of human ights is developed within ule-of-law institutions; (e) speialized human ights institutions ae established o stengthened to wok in patneship with ule-of-law institutions, inluding polie; (f) ovesight and aountability stutues ae established o stengthened; and (g) a gende stategy and a hild ights stategy ae developed and implemented. Seuity 13. Seuity is a signifiant hudle and hallenge to govenane, eonstution and development effots. The institutional vauum in South Cental Somalia ove the past 15 yeas eated an open field fo aying ams and staking laims and influene ove teitoies and esoues, feeding a ultue of walodism. This has been aided by heavy and unontolled taffiking of ams, evading the poous bodes and aquiesent seapots. The seuity seto famewoks of Somaliland and Puntland eflet thei suess in maintaining peae, and the elative institutional development they have thus been able to ahieve. In both Somaliland and Puntland stability was estoed following the fall of the Siad Bae egime with the stong ole played by taditional eldes. In the TFI aeas, the guiding doument fo the ule of law and seuity is the National Stabilization and Seuity Plan fo Somalia whih has been appoved by the Counil of Ministes and Paliament. A TFG Seuity Seto Review needs to take plae, and is planned fo Disamament, demobilization, and eintegation (DDR) of militias is a poess linked to eoniliation, legitimay of the state onfeed by fations and goups in onflit, and a deision to tansfe the seuity funtion to govenment institutions fo the ule of law. Reintegation must onside the lage-sale migation of loal populations and militias and the pevalent use of khat and othe naoti dugs by militias. Weapons ontol must be addessed at both intenational and loal levels. DDR will sueed only if Somali ommandes suppot it. Wheeas suessful disamament and demobilization ae lagely the podut of the deisions by the ommand stutue, suessful eintegation helps pevent emobilization and is fundamentally about soial adaptation, eduation, and employment fo ex-ombatants. Somaliland and Puntland have xii

13 substantially sueeded in the demobilization poess; howeve, eintegation and weapons ontol still equie attention. 15. South Cental Somalia pesents an immediate hallenge to DDR. The vision is fo DDR to be substantially ahieved in all Somali egions by 2011, with pioity pogamme tageted to ommunities o aeas whee thee is a ommitment to disam and demobilize. 16. Afte the ollapse of the Somali state, vaious infomal poliing stutues evolved, linked to militias o to the vaious infomal judiial bodies. A moden Somali state annot ely on multiple, infomal poliing stutues without systemi and funtional integation. Howeve, ontinuation of paallel, infomal polie an be helpful and benefiial in a long tansition poess, as it enables some infomal polie stutues, whih have good knowledge and elationships with thei ommunities, to ontinue to seve. 17. The vision is to have thoughout Somalia an effetive and aountable ivilian polie sevie foused on loal needs poliing, within an oveall national o fedeal seuity famewok, with the full involvement and oopeation of ivil soiety. The following ae the pioities fo the peiod. An integated polie foe should be established, with the possibility of (a) absobing with pope vetting, qualifiation, euitment, and taining elements fom the infomal polie into the state polie.; and (b) maintaining some infomal polie units that would be mobilized unde the ivilian ommand and ontol of the polie of the state and would pefom speifi, delegated funtions as pat of an integated famewok fo poliing. The famewok fo poliing will need to be linked to disussions and development of the oveall onstitutional famewok, whih is being developed. 18. The identifiation and leaing of landmines is ongoing, with signifiant pogess in Somaliland and Puntland. South Cental Somalia is in the ealy stages of mine leaane and pesents additional poblems of unexploded odnane (UXO) in aeas of eent fighting. The vision is fo mine and UXO leaane to be ompleted in all high- and medium-pioity aeas by The pioities ae pesented in the Results-Based Matix fo this luste, with signifiant additional effot equied fo South Cental Somalia (see final setion fo this matix). Govenment, Publi Administation, and Aountability 19. Yeas of ditatoship and politial mismanagement have eated deep-seated fea and distust of govenment among Somalis and have geneated a geneal peeption of ental govenment as an oppessive and pedatoy instument exeting its powe fo the benefit of a minoity elite and a favoed lan. 4 The past deade has also seen the adial loalization of Somali politis, haateized by lan-based fagmentation of the soiety, whih has plaed the ente of govenane at the loal level and put sevie delivey systems in the hands of the pivate seto. Though this phenomenon pesents inteesting oppotunities, the eality of many undeseved population goups indiates a need fo a stonge govenment ole in sevie delivey, patiulaly to mobilize loal esoues and manage national esoues fo loally povided publi sevies. 20. To oveome these hallenges, state-building effots will need to quikly build the legitimay and edibility of Somali institutions, though the onstitutional poess, but also though ealy and effetive delivey of sevies, with demonstation of impatiality and xiii

14 aountability by the leadeship and ivil sevants in all ties of govenment. The oe piniples of tanspaeny, aountability, and itizen patiipation must be pesent even in small pojets if Somalia is to begin to eate politial edibility and ensue that vey sae esoues ae used fo the development of peae and pospeity. Constitutional Poess 21. The Fedeal Tansitional Chate empowes the TFG to name a Fedeal Constitutional Commission (FCC) to daft, within two and a half yeas, a new onstitution fo a fedeal Somalia, whih is to be adopted by popula efeendum. The poess of onstitution making an povide oppotunities fo eoniliation, with population goups seahing fo negotiated solutions to majo divisive issues in a nonviolent way and ahieving ageement on the modalities of fedealism best suited to Somalia. Nevetheless, suh a poess also faes onsideable isk of failue o of ineasing onflit in Somalia if it is not undetaken in a peae-induing and inlusive manne. 22. The ahievement of the vision fo the onstitution fo a fedeal Somalia pepaed and dafted in an inlusive and patiipatoy manne, involving all goups of the population and adopted though popula efeendum will equie innovative and Somalia-speifi solutions to a numbe of highly ontentious issues. These inlude deentalization of fedeal stutues fo the Somali ontext, the futue ole of taditional govenane stutues, eletoal models appopiate to suh a onflit-pone envionment, judiial and legal stutues addessing the oles of ustomay and shai a law, itizenship ights in the futue states, pomotion and potetion of the ights of minoity goups, and solutions to ontested land issues. Pioity ations ae to suppot a poess of dialogue and esolution of these issues. Suppot fo Demoatization and Eletoal Poesses 23. In the Somali ontext, the lan-based system of seleting epesentatives fo assemblies and loal ounils has poved a poweful tool to foste peae and eoniliation and build a national onsensus. Nevetheless, and as the tansition by Somaliland towad popula vote and a multipaty system shows, eletions emain an essential instument fo building the legitimay of national institutions. The vision o desied outome is two-ponged: to suppot eletoal poesses equied by the diffeent onstitutions and hates, and to pogessively build the Somali apaity to move fom a lan-based system towad a multipaty demoati system, as povided by the diffeent hates and onstitutions, with inlusion of all goups suh as youth, women, and minoities. Pioity ations ae the development and apaity building of eletoal systems and speialized eletoal bodies, suppot fo ivi eduation, and the development of politial paties. The Ahitetue of Govenment 24. Somalia today is haateized as a weak o failed state with stong ommunities. The stength of ommunities, espeially to mobilize themselves to povide soial sevies, should not be dismantled o edued as the state is ebuilt. The Tansitional Fedeal Chate, signed in Febuay 2004, speifies that Somalia shall have a deentalized system of administation based xiv

15 on fedealism. The key onstut in this egad is a poposed fou-tie administative hieahy: fedeal, state, egional, and distit. The Chate atiulates a division of funtions and powes between the fedeal and state govenments but does not identify speifi esponsibilities fo egions and distits. 25. The vision fo the ahitetue of govenment is fo a minimal, lean, effiient fedeal stutue of institutions to seve egions and loalities and embody good govenane poesses of tanspaeny, aountability, and patiipation, with well-defined deentalization stutues fo loal govenane that ae opeational. The pioities ae to (a) detemine detailed funtions fo eah tie of govenment aoding to the Tansitional Fedeal Chate and the onstitutional poess; (b) detemine staffing needs, budget, and euitment and deployment plans fo eah ministy and depatment; and () begin to implement these plans fo fedeal, state, egional, and loal govenment, aoding to apaity-building pioities, as stated below. Capaity Building fo Govenment Institutions and the Civil Sevie 26. A minimal fedeal stutue of institutions an seve the egions and loalities and embody good govenane poesses of tanspaeny, aountability, and patiipation. A high pioity is assigned to egulatoy funtions fo the podutive setos, standads and egulations fo soial sevies, and publi finanial management. The TFG has taken the fist steps towad setting up a ivil sevie. 5 The bain dain pesents onstaints to the euitment of qualified staff by the TFG. Qualified Somalis in the diaspoa ould play an impotant ole in the new institutions, as they did in the JNA poess. Puntland s ivil sevie faes simila hallenges elated to the bain dain. Most of the funtions of the state ae egulatoy, with sevie delivey undetaken by loal entities and the pivate seto. Levels of fomal eduation and taining ae low, and women ivil sevants ae undeepesented, with most in subodinate posts. Somaliland has a moe developed publi administation system; howeve, the ivil sevie suffes fom lak of motivation and poo eduational qualifiations of staff. Women make up 27 peent of the Somaliland ivil sevie, but most ae unskilled wokes at the bottom of the employment pyamid. The iony of the lak of apaity in govenane is that qualified Somalis ae available, both in ounty and in the diaspoa. It is the oganization of govenment institutions, the ageement on funtions, and the eation of lean, effiient management systems that ae missing. 27. Taking into aount the diffeenes between the TFG, Somaliland, and Puntland, a joint stategy an nevetheless be developed to build institutional apaity of govenment and the ivil sevie, with a vision fo lean, pofessional, effiient institutions that funtion with ompetent ivil sevants, ae apable of planning, povide key egulatoy funtions, and engage patnes to delive soial sevies and pomote human development. 28. Majo suppot is equied to tansfom the uent status of institutions and ivil sevie into this vision, with the following pioities. Coe govenment funtions need to be defined in simple tems, with simple and expliit management and opeational poesses and systems established that will enable aountability and monitoing of pefomane. In the ase of Somaliland and Puntland, whee some staffing was done to suppot the poess of eoniliation, a gadual ightsizing and epofiling should be done, without jeopadizing the ontinued seuity in these egions. Consideable investment in human apaity is equied at all levels. A gende xv

16 quota of 12 peent fo women was established in the tansitional hate but has not been met. The inlusion of women and minoity goups is a pioity. Loal Govenane 29. The ollapse of the state, subsequent fagmentation, and the emegene of loal initiatives to povide soial sevies, mainly by nonstate atos, pesent vey inteesting oppotunities fo loal govenane. In Somaliland and Puntland, taditional loal govenane stutues have played an ative ole in peae- and onsensus-building effots and also fom the basis fo a deentalization poess, mostly to be found at village (tuulo) and distit levels and at neighbohood levels fo uban entes. This phenomenon an beome a building blok of fomal govenane stutues, povided adequate povisions ae made fo developing epesentation, patiipation of all itizens, tanspaeny, and aountability. 30. Despite the esiliene and initiative of nonstate atos in sevie delivey, it is impotant to note the abysmal gap in aess to sevies and extemely low indiatos of human development in Somalia today. Thus, the status quo of pivate sevie povides is not suffiient in level and oveage of soial sevies, speifially health, eduation, wate, and sanitation, to enable Somalis to ahieve the Millennium Development Goals as a minimum taget. Nevetheless, it may be advantageous, espeially fo elatively apid esults, to build on these assets, expanding on the existing infomal loal govenane stutues that have aleady built soial apital, and at the same time impoving the quality (inluding po-poo poliies), quantity, and aess of sevies. Suh an appoah pesents a numbe of hallenges. Pivate seto povision of sevies is onentated in uban aeas, whee sevie delivey is moe eadily pofitable o self-sustainable. Thee is a need to bidge the ual-uban divide 6 and to injet adequate esoues to the benefit of the poo and the isolated: pastoalists and the ual population. 31. Somaliland and Puntland both have put in plae deentalization systems, with devolution of the delivey of sevies to distit ounils. Implementation is well unde way in Somaliland but not yet opeational in Puntland. 7 Finanial esoues ae sae and not ommensuate with mandated esponsibilities. Thee is inequality between distits, patiulaly on a ual-uban beakdown. 8 Nonstate atos povide the majoity of sevies; howeve some innovative publipivate patneships have been developed. Tehnial and administative needs ae onsideable to tansfom distit ounils into effiient institutions. 32. The vision o desied outome is the establishment in all Somali egions of fomal loal govenane systems, and the suppot to existing systems, that ae patiipatoy and inlusive of all population goups, inluding women and minoities; that failitate the delivey (povided dietly o indietly) of good-quality, eliable, affodable, and sustainable sevies to all itizens; and that ontibute to eoniliation. The loal govenane systems should bidge the uban vesus -ual-pastoalist divide though effetive po-poo poliies. This outome may not be fully ahieved in all aeas by 2011, but signifiant pogess an be made, povided thee is a oneted effot by all atos, Somali govenment, and nonstate atos and intenational assistane povides to adopt a onflit-sensitive and developmental appoah to loal govenane. Pioities and elements of this appoah ae as follows: (a) build on loal existing assets and futhe develop existing soial apital; (b) enable Somali owneship of the poess, xvi

17 espeially at the loal level; () suppot and impove existing stutues of loal govenane whee they an evolve into fully patiipatoy and inlusive systems; (d) invest in existing sevie delivey mehanisms, povided they seve the publi good with fainess and aess fo all itizens; (e) develop and institutionalize patiipatoy poesses, inluding tanspaent and aountable deision making and esoue management; (f) integate loal-level institutions and ivil soiety into the poess of poliy development at egional, state, and fedeal levels; 9 and (g) develop the management apaity of sevie povides, with an emphasis on piniples of aountability, tanspaeny, and patiipation. The enty point fo eoniliation, loal good govenane, and sustainable development may be the delivey of good, eliable, and affodable sevies to itizens with effiay and aountability. Civil Soiety, Patiipation, and Media 33. Following the ollapse of the Somali state and the subsequent yeas of onflit, ivil soiety in Somalia has emeged as an impotant soial and politial foe. 10 Although a elatively new phenomenon in Somalia, ivil soiety oganizations ae today ative in sevie povision; ae ontibuting to peae, eoniliation, and development; and have taken on many of the taditional funtions of the state, inluding dispute esolution and seuity. At the ommunity level, mehanisms exist that have been able to esolve disputes and eonile onfliting goups and lans. Civil soiety, as epesented by lan eldes and taditional and eligious leades, undetakes impotant eoniliation funtions, and this setion of ivil soiety will be uial to suppot state-led eoniliation. The Somali Islami tadition also suppots a ange of peaebuilding, justie, and dispute-esolution mehanisms. NGOs ae onentated in the majo ities, with pastoal aeas undeseved by both loal and intenational NGOs. NGOs also appea to polifeate in aeas whee intenational NGOs and UN agenies have established bases and pogamme, and thee ae few national NGOs. At ommunity level, eldes and taditional leades ae pimaily involved in peae building, onflit esolution, and dispute settlement. Religious goups have also emeged as a potent foe within ommunities, espeially in the fields of elief, eduation, and justie. Some ivil soiety oganizations have povided an avenue fo women to patiipate in publi life, and some ae a platfom fo advoay on human ights and gende issues. 34. A numbe of oganizations aoss the Somali egions suppot govenane, demoay, and eoniliation at national and egional levels. These ange fom peae ativists to women and youth goups and inlude eseah and advoay NGOs, netwoks, and eligious goups. Pofessional assoiations and netwoks ae a elatively new ategoy of ivil soiety atos. The geatest numbes of netwoks ae found in Mogadishu and Hageisa. Few netwoks and assoiations ae found whee aess and ommuniations ae onstained by inseuity and poo infastutue. Somali ivil soiety oganizations uently suffe fom a ange of onstaints, inluding thei edibility; they ae sometimes peeived to be politiized by lan politis and powe elations, lak of aountability, and inadequate tanspaeny, o they ae peeived as having vague and ambiguous mandates, low impat in thei ativities, and poo opoate govenane. 35. The vision of a vibant ivil soiety patiipating in eoniliation and dialogue; suppoting good govenane; and advoating fo human ights, po-poo poliies, and politial inlusion an be ahieved though the following pioity ations: suppoting the development of xvii

18 self-egulation and stengthening of intenal govenane by the ivil soiety oganizations; and ensuing that govenment povides delibeate and expliit oles and oppotunities fo patiipation of ivil soiety, with speial attention and esoues to develop the patiipation of women, youth, and minoity goups. 36. Sine 1991 thee has been esugene in the Somali media seto, patiulaly adio stations poviding news and entetainment. Howeve, oveage in ual and emote aeas is limited, and the infomation delivey apaities of these stations is limited, with the pofessional skills of jounalists still low and with some funtioning as agents of waing paties. The tend in the media in Somaliland and Puntland, as well as in South Cental Somalia, seems to be towad a fee, maket-oiented system that uently is without egulation and without a pofessional ode of ethis. Media oveage of women s issues and onens is negligible. 37. The vision unde the JNA is fo numeous and divese media hannels and outlets to funtion with independene and integity, poviding infomation, eduation, eeation, and ultue fo all Somalis and using divese methods of dissemination and tehnology, inluding infomation and ommuniations tehnology (ICT), to eah and engage all Somalis. The pioities ae to develop an infomation and ommuniation poliy famewok, suppot selfegulation of the seto, and suppot taining and pofessionalism though tetiay and tehnial eduation, inluding ethis and tehnology. FROM THE VISION TO ACHIEVABLE OBJECTIVES 38. The vision fom the Joint Needs Assessment, as summaized above, may seem emote and unattainable looking at Somalia today. Thee stategies ae poposed to make pogess towad the vision. The fist is to disaggegate, o unpakage, the vision into ahievable outomes and sub-outomes, with delibeate, well-identified links between them. These ae pesented in the esults-based matix. The seond stategy is to apply igoous standads of aountability, tanspaeny, and patiipation to evey govenane initiative. Good govenane is identified by good poesses as muh as by oheent institutions and stutues. The thid stategy is to build apaity, whih is the ommon need, the ommon theme, and the ommon key to suess. Capaity building must be delibeate, ealy, sustained, systemati, and inlusive. Resoues must be devoted to building apaity, fousing on itial atos, but also inluding vey boad goups of stakeholdes of the emeging Somali demoay. Remedial fomal eduation fo youths and infomal eduation fo young adults, men, and women, ae oe omponents of apaity building, as well as pimay shooling fo all hilden, both boys and gils. Innovative tehniques suh as distane leaning, whih is aleady being piloted, should be expanded. The entepeneuship of the pivate seto must be tapped to build apaity. 39. If Somalis an onvet thei ability to ope into a detemination to ahieve good govenane, seuity, and espet fo the ule of law, they will pospe, and they will be able to begin the eovey of the envionment, the full utilization of thei human and natual esoues in peae, and the exponential gowth fom foeign apital and emittanes that ould geneate wealth and well-being fo all Somalis. xviii

19 1. INTRODUCTION 40. Somalia has been without effetive govenment fo 15 yeas. It has suvived, but it has not pospeed. Vaious foms of govenane have filled the vauum left by the ollapse of the state in 1991, inluding infomal systems diven by the esugene of the ole of lans, and by the evolving oles of business, eligious, and ivi goups. In South Cental Somalia, these povide an aay of sevies in most ommunities, and vaious levels of seuity, justie, and peditability in a ontext of ontinuing onflit and inseuity. In the absene of a funtioning ental govenment, Somaliland and Puntland estoed peae and seuity in thei egions, but both ae still too weak to effiiently delive sevies. 41. Despite the esiliene of loal ommunities and businesses, the absene o weakness of the state 11 is at the oot of the undedevelopment that is highlighted in suessive Somali Human Development Repots. 12 Wheeas many business people have found the ingenuity to ope and make a living, and some have taken advantage of inseuity and unpeditability, the business ommunity as a whole has not pospeed eithe. The notoiously high level of emittanes into Somalia has not podued the wealth that would be expeted fom that volume of sustained apital inflow. 13 Lak of egulation, displaement, and onditions of envionmental pedation duing the past 15 yeas have signifiantly alteed Somalia s natual esoues, seiously ompomising the futue podutivity and livelihoods of the ual population. OVERALL OBJECTIVE AND KEY THEMES 42. The oveall objetive of the Govenane, Seuity, and Rule of Law luste is to suppot the Somali people to develop govenane institutions that, though thei edibility, legitimay, and eoniliation of onstituenies, an (a) ensue seuity and establish the ule of law, (b) egulate ommee and enable pivate seto gowth with intenational investment and tade, () enable investment in infastutue to suppot gowth and eovey fom wa, (d) enable the eovey of livelihoods, and (e) delive soial sevies to all Somalis though loal govenane with ommunity-led initiatives and patneships, and thus failitate the neessay investment in soial apital, espeially health and eduation, to ahieve the Millennium Development Goals. 43. Peae building and the eation of good govenane ae two key themes, elated but distint, that have emeged fom the Somali Joint Needs Assessment (JNA). The key poesses fo ahieving and building peae ae eoniliation; disamament, demobilization, and eintegation (DDR) of militias; the building of govenment edibility; and a onstitutional dialogue with boad-based patiipation. 14 The key poesses fo building good govenane ae developing politial legitimay, inluding eletoal poesses; developing the ahitetue of govenment, inluding integating fedeal, state, egional, and loal levels of govenment; building institutions and thei apaity, inluding the ivil sevie; developing the ultue and patie of tanspaeny, aountability, and patiipation; and developing the ole of ivil soiety and media, to enable boad-based itizen patiipation in govenane. 1

20 44. The hallenge fo the Tansitional Fedeal Govenment (TFG) is to ahieve substantial pogess in the poesses of peae building ove the next thee yeas and to build a solid foundation fo good govenane by Both in Somaliland and in Puntland, all fou peaebuilding poesses have measued some suess, as will be desibed below. Despite thei elative suess, Somaliland and Puntland emain states with weak govenment institutions, still on the theshold of developing the oe good govenane piniples of aountability, tanspaeny, and inlusive patiipation of all itizens, and still vulneable to onflit in many aeas, espeially thei bode distits. The TFG is at the beginning of the poess of building good govenane. 45. Establishment of good govenane, seuity, and the ule of law ae neessay peonditions fo Somalia to go beyond the oping stategies suppoted by humanitaian assistane ove the past 15 yeas. Development assistane equies a famewok of legitimate govenment, with aeptable and ineasing levels of tanspaeny, aountability, patiipation, and espet fo human ights. Moeove, the absoptive apaity fo eonstution and development is dietly elated to the apaity of govenment and nonstate patnes fo effiient, aountable management of esoues. Developing the famewok fo govenment s egulatoy funtions at fedeal, state, and loal levels and eating geate apaity fo soial sevie delivey with appopiate patneships between the publi and pivate setos ae thus neessay onditions fo suess of any peae-building stategy and fo futue development initiatives. VISION AND STRATEGIC OBJECTIVES 46. Twelve stategi objetives make up the vision fo govenane, seuity, and the ule of law ove the peiod They ae pesented below unde the headings of the fou sublustes used in the JNA poess and in this luste epot: Reoniliation and the Rule of Law; Seuity; Govenment, Publi Administation, and Aountability; and Civil Soiety, Patiipation, and Media. Reoniliation and the Rule of Law 1) Reoniliation. Reoniliation poesses sueed in pomoting the disamament, demobilization, and eintegation of militias; esolving land and popety disputes; eating onditions fo tansitional justie to satisfy the needs of Somali suvivos; and eating a onduive envionment fo inteommunity dialogue and loal govenane, in whih eletions and politial dialogue will enable inlusive patiipation of all goups of soiety, inluding youth, women, and minoity goups. Fo Somaliland and Puntland, poesses of eoniliation ae futhe developed fo dialogue intended fo dispute settlement and ineased patiipation in govenane, inluding patiipation of youth, women, and minoity goups. 2) Justie and the ule of law. All Somali people, inluding vulneable and poo men, women, and hilden, have impoved and equal aess to basi stutues fo the administation of justie, funtioning in aodane with intenational human ights standads. All Somalis ae espetful of the ule of law and awae of thei ights and empoweed to exeise them. 2

21 Seuity 3) Disamament, demobilization, and eintegation (DDR). These ae substantially ahieved in all Somali egions. 4) Polie and seuity seto famewok. Effetive, aountable ivilian polie sevies ae opeational thoughout all Somali egions; they fous on loal needs poliing within an oveall national o fedeal seuity famewok, with the full involvement and oopeation of ivil soiety. 5) Mine ation. Mines and unexploded odnane ae substantially leaed, suvivo assistane pogammes ae established, and national apaities fo mine isk eduation and leaane opeational. Govenment, Publi Administation, and Aountability 6) Constitutional poess. A new onstitution fo a fedeal Somalia is pepaed in an inlusive, patiipatoy manne that involves all setos of the population and is adopted by popula efeendum, laying the goundwok fo a legitimate fedeal Somali state. 7) Demoatization and eletoal poesses. Multipaty demoay with inlusion of women, youth, and minoity goups is effetive in all Somali egions, with apaity built to move fom a lan-based system towad multipaty demoay. 8) Ahitetue of govenment. A minimal, lean, effiient fedeal stutue of institutions is funtioning to seve egions and loalities and to embody good govenane poesses of tanspaeny, aountability, and patiipation; well-defined deentalization stutues fo loal govenane ae opeational. 9) Capaity building fo govenment institutions and the ivil sevie. Tehnially ompetent, opeationally effiient, and aountable publi institutions ae in plae, apable of building peae and pomoting human development to ahieve the Millennium Development Goals. 10) Loal govenane. Fomal loal govenane systems ae funtioning in all Somali egions, with integation of fomal and infomal systems fo sevie delivey that ae patiipatoy and inlusive of all population goups, inluding women. The systems failitate delivey (povided dietly o indietly) of good-quality, eliable, affodable, and sustainable sevies to all itizens; ontibute to eoniliation; and bidge the uban vesus ual-pastoalist divide though effetive po-poo poliies. Civil Soiety, Patiipation, and Media 11) Civil soiety and patiipation. Legitimate and edible nongovenmental oganizations (NGOs), ivil soiety goups and umbella oganizations, and pofessional assoiations wok independently and with ineased apaity to suppot peae, demoay, and eoniliation in all Somali egions. Goups have ineased oodination and ollaboation among themselves, taking on ative advoay oles, and effetive hannels of dialogue and mutual espet ae established between ivil soiety and 3

22 govenment authoities. Civil soiety influenes and patiipates in the onstitutional dialogue, peae-building, deentalization poesses, and povety edution stategies. 12) Media and infomation. Numeous and divese media hannels and outlets, inluding loal, inteegional, and national oganizations, funtion with independene and integity, poviding infomation, eduation, eeation, and ultue fo all Somalis, using divese methods of dissemination and tehnology to eah and engage all Somalis. LINKS TO OTHER CLUSTERS 47. Peae, seuity, and good govenane ae ited in evey othe luste epot as neessay peonditions fo the suessful pusuit of that luste s ativities and objetives, inluding esettlement of displaed pesons, pusuit of livelihoods, eation of infastutue, and development of podutive setos and the eonomy. The Govenane, Seuity, and Rule of Law luste develops hoizontally the itial omponents of the institutional and human apaities fo the famewok of govenment, inluding its ahitetue of institutions and funtions, systems fo management with aountability, the famewok fo deentalized sevie delivey though loal govenane, and the building of the ivil sevie. This appoah omplements the othe themati lustes of the JNA, whih identify and detemine the ost of pioity inteventions in thei espetive fields. Clustes 1 and 2 (Govenane, Seuity, and Rule of Law, and Maoeonomi Poliy Famewok, and Data Development, espetively) ae patiulaly linked though publi finanial management, whih is substantially oveed in Cluste 2, with the basi ahitetue of govenment and the ivil sevie oveed in Cluste 1. Similaly, seto-speifi ost estimates of sevies and fontline wokes (teahes, health ae wokes, et.) ae oveed in the espetive luste epots, wheeas the geneal govenment famewok and oe ivil sevie funtions that manage line ministies ae inluded in Cluste 1. CORE STRATEGIES, PRINCIPLES, AND CROSS-CUTTING ISSUES 48. The vision of what is possible in South Cental Somalia, Puntland, and Somaliland ove the next five yeas is vey diffeent fo eah egion. Thus, a oe stategy that has emeged fom the JNA is that of asymmeti development assistane, in whih those aeas with the geatest absoptive apaity an eeive assistane and soial investment and be enouaged to pogess, while diffeential pogammes ae povided fo aoding to the patiula needs of eah egion. Investment in govenane will edue humanitaian liabilities plus eate the egulatoy famewok fo sustainable development and an envionment onduive to pivate seto led gowth. 49. The option of wait and see, as a esponse to ontinuing inseuity in some aeas, will exaebate humanitaian needs, delay the development of the podutive setos, and futhe destoy the natual envionment, whih is aleady devastated by 15 yeas of pedation and lak of sustainable use. This option has an extaodinaily high oppotunity ost fo Somali entepeneus, both in ounty and in the diaspoa, and it has geopolitial impliations, espeially fo seuity and humanitaian onditions in the Hon of Afia. Aeas that have been able to 4

23 ahieve fagile peae ae at isk of a etun to violene if peae-building effots ae not enhaned and sustained. 50. Asymmeti engagement is also elated to the basi piniple of fosteing Somali leadeship. Stong leadeship and ompetent management by Somalis will enable intenational assistane to be used pomptly and will enouage the expansion of aid and the attation of foeign investment. Thus, building the apaity of Somali leadeship and management is an integal omponent of poposed assistane and is a oss-utting theme of the Joint Needs Assessment. 51. The Reonstution and Development Famewok (RDF) planned fo Somalia will opeate in a politially haged envionment. A ompehensive peae-building and eoniliation poess fo Somalia must be founded on an analysis of the oot auses of onflit, with attention to the piniples of doing no ham and minimizing unintended negative impats, and to maximizing the peae-building effets of all inteventions. 52. In many ways it is the oss-utting issues that best desibe the fundamental elements of a suessful assistane stategy fo the Somali people. Peae building, eoniliation, and onflit pevention ae the oe equiements fo any suessful stategy in govenane fo eonomi development, seue livelihoods, and soial welfae. Capaity building, institutional development, and antiouption summaize the neessay tools and poesses. Gende equity and human ights issues ae emindes of that soial, politial, and eonomi inlusion ae neessay fo good govenane and that a pospeous soiety annot be built on abuse, maginalization, o undeutilization of any of its itizens. JNA METHODOLOGY 53. The Somali Joint Needs Assessment was a poess of pepaing a state-of-the-situation analysis based on fieldwok and involved a mix of Somali govenment and ivil soiety atos, Somali expets fom the diaspoa, and intenational patnes, inluding multilateal and bilateal patnes and NGOs. Dozens of expets and hundeds of patiipants wee involved, poduing ove 20 themati epots olleted in subluste epots, and summaized in this luste epot. In addition, data fom field questionnaies and onsultations wee ollated by egion and distit. Pepaations fo fieldwok, olletion of seonday soues and efeene papes, and identifiation of expets wee done fom Mah though Novembe 2005, ulminating in the Novembe 2005 fomal launh of the JNA. The fieldwok was done fom Deembe 2005 though Apil Subluste epots and the synthesis of the JNA in luste epots wee onluded in July 2006, with subsequent wok on the Reonstution and Development Famewok based on the JNA findings and eommendations. 54. As in pevious expeiene fom othe needs assessments (Sudan, Iaq, and Libeia), the JNA povided a venue fo meging olletion and ollation of up-to-date infomation and joint analysis involving a boad spetum of Somalis and intenational patnes. The assessment poess, espeially though the fieldwok, onsultations, and validation exeises in all egions, eates a obust platfom fom whih Somalis an move fowad with stategi, delibeate steps towad developing good govenane and fom whih expanded intenational assistane an enable a sea hange in the humanitaian and geopolitial situation in the Hon of Afia. 5

24 FROM THE VISION TO ACHIEVABLE OBJECTIVES 55. The vision of the Joint Needs Assessment, as summaized above, may seem emote and unattainable when looking at Somalia s eent histoy and uent situation. Thee implementation stategies ae poposed to make pogess towad the vision. The fist is to disaggegate o unpakage the vision into ahievable outomes and sub-outomes, with delibeate, well-identified links between them. These ae pesented in the Results-Based Matix at the end of this epot. Pogess towad the vision of good govenane, seuity, and espet fo the ule of law signifiantly affets the eonomy, the podutive setos, the pusuit of livelihoods and humanitaian onditions, the development of infastutue, and the povision of soial sevies. Theefoe, pogess in govenane, seuity, and the ule of law must be igoously monitoed and stitly demanded both by the Somali stakeholdes in the ounty s eonstution and development and by thei patnes. 56. The seond stategy is to apply igoous standads of aountability, tanspaeny, and patiipation to evey govenane initiative. Good govenane is identified by good poesses as muh as by oheent institutions and stutues. Cedibility will be established, and apaity building will follow, if evey intevention, inluding ommittee meetings, visits to onstituents, administative ations, and finanial tansations, is haateized by aountability, tanspaent poesses of deision making, and doumentation that is available fo sutiny, and if thee is patiipation by all stakeholdes, inluding inteest goups, lans and sublans, assistane povides, and epesentatives of ivil soiety. This will aeleate pogess on othe issues and will enable intenational patnes to assess, ewad, and oet thei suppot. The onstitutional dialogue is a good example of a seemingly unattainable, emote objetive that an be ahieved by a aefully sequened poess, with igoous adheene to the piniples of aountability, tanspaeny, and patiipation. 57. The thid stategy establishes that apaity building is the ommon need, the ommon theme, and the ommon key to suess. Capaity building must be delibeate, ealy, sustained, systemati, and inlusive. Resoues must be devoted to building apaity by fousing on itial atos, but also must inlude vey boad goups of stakeholdes of the new Somali demoay. Remedial fomal eduation fo youths and infomal eduation fo young adults, both men and women, ae oe omponents of apaity building, along with pimay shooling fo all hilden, both boys and gils. Innovative tehniques suh as distane leaning, aleady being piloted, should be expanded. The entepeneuship of the pivate seto must be tapped to build apaity. 58. If Somalis an onvet thei ability to ope into a detemination to ahieve good govenane, seuity, and espet fo the ule of law, they will pospe, and they will be able to begin the eovey of the envionment, the full utilization of thei human and natual esoues in peae, and the exponential gowth fom foeign apital and emittanes that ould geneate wealth and well-being fo all Somalis. 6

25 2. RECONSTRUCTION AND DEVELOPMENT PRIORITIES SUBCLUSTER 1: RECONCILIATION AND THE RULE OF LAW Reoniliation 59. Somali eoniliation appeas to be fundamentally a politial poess that ombines mediation and settlement of disputes, both those disputes that wee undepinning onflit and those that have aisen o beome deepe as a esult of violent onflit. The Somali National Peae and Reoniliation Confeene 15 led to the establishment of the Tansitional Fedeal Govenment, but despite this impotant esult, no eal eoniliation oued among lans, militia, and politial leades. Delegates at the onfeene found onflit issues too sensitive and divisive to manage and opted to postpone addessing them. They only ageed to plans fo powe shaing in the new national, politial institutions and to the piniple of fedealism as outlined in the Tansitional Chate, without onete modalities fo its implementation. 60. As a esult, extemely sensitive issues must now be dealt with by the Tansitional Fedeal Institutions (TFIs), suh as the etun of stolen o oupied eal estate, politial and militay ontol ove towns and egions, the ight of all lans to etun to live safely in Mogadishu, and the handling of hages of wa imes. Land and popety in the Somali egions have been subjet to unegulated, unauthoized oupation and land gabbing. Unesolved oupation of land and popety is a majo onflit issue that equies aeptable and sustainable solutions befoe safety and seuity, a esugene of medium- o lage-sale investment, pope uban planning, maoeonomi stability, and lasting peae ae possible. 61. The authoity of the legislative and exeutive bodies of the new Somali fedeal state is still fa fom being established, mostly owing to this lak of eoniliation. Key figues of the govenment ae not eoniled with eah othe. Beause the onfeene was onduted outside the ounty, many Somalis esiding inside Somalia emain disonneted fom this peae poess. New politial, militay, eonomi, soial, and eligious atos will emege ove time, and powe elations have evolved; still, most of South Cental Somalia, exept fo the Benadi (Mogadishu) egion, is haateized by a fagile balane of powe that is not duable. 62. Reoniliation did take plae to a signifiant extent in the nothen egions. Following the ollapse of the Somali state in 1991, in both Somaliland (nothwesten Somalia) and Puntland (notheasten Somalia), taditional eldes and thei onflit esolution mehanisms wee able to maintain a degee of peae that eventually led to the eestablishment of publi authoities with onstitutional famewoks. Somaliland s laim to independene has not been intenationally eognized. In notheasten Somalia, the failue of peae talks in the 1990s led politial and taditional leades to polaim the Puntland state of Somalia. 7

26 63. Reoniliation is a peequisite to stability. Expeiene has evealed that no goup is in a position to impose its authoity in Somalia. As long as a genuine politial onsensus is not ahieved, the state will emain pone to amed onflits. Disamament is not likely to ou without eoniliation taking plae fist. By addessing unesolved land and popety issues, eoniliation an libeate enegies fo development and the fight against povety. Reoniliation is also a peondition to the sound and equitable management of publi institutions and, moe geneally, to good govenane. The Legay of the Past 64. The issue of eoniliation aises in a ontext haateized by divisions esulting fom olonial times, onsequenes of the ditatoship and militay exploits of the Bae egime and by the legay of the ivil wa. The ivil wa left Somalia with a widespead tansfe of the ontol of land and othe podutive assets; walods and fation leades who benefited fom a wa eonomy; a polifeation of weapons; a militaization of soiety and a ultue of lawlessness; a geat deal of inseuity in evey sense of the wod: physial, eonomi, psyhologial, juidial; the pillaging and destution of publi goods, institutions, and Somalia s main ities; deep-seated divisions and fagmentation of soiety; the exlusion of minoities and the massive movement of intenally displaed pesons (IDPs) and appoximately one million Somalis aboad; still-unaddessed wa imes and omplaints by lans petaining to these atoities; ompeting lan-based laims ove the possibly oil-ih teitoy of Sool and Sanaag; and the unesolved seession of Somaliland. All these ae poblems to be addessed in a ompehensive eoniliation poess. 65. The past has left Somalia with vaious foms of onflit: onflits between lans and between the state and the itizens; hoizontal onflits at the loal level; onflit onstituenies that benefit fom the instability that esults fom the wa eonomy; and onflits between walods and new Islami goups and between two oneptions of Islam and two oneptions of the state. Box 2.1 desibes the dives of onflit, as analyzed by a eent Wold Bank study. Box 2.1 Dives of Conflit in Somalia The 2005 Wold Bank epot Conflit in Somalia: Dives and Dynamis, outlines majo fatos affeting onflit esalation and de-esalation in Somalia. The following ommon pattens and ommon dives of onflit wee identified: Clannism. Clan identities ae a double-edged swod, ating as both onflit esalatos and de-esalatos. Nealy all amed onflits in ontempoay Somalia beak out along lan lines. Yet lan identities ae not the basis fo onflit; athe, thei delibeate manipulation eates and exaebates divisions. Counteing the onflitual aspet of lannism is the potential of lans to at as onstutive foes and taditional onflit modeatos. Clan eldes use taditional laws to settle disputes in non-onfontational ways. Govenane. Govenane, if effetive, an seve as a potent onflit de-esalato, yet expeiene of Somalis with a epessive state unde Mohamed Siad Bae made them geneally suspiious of entalized govenane, onsideing it an instument of aumulation and domination, enihing those who ontol it. Resoues. Competition among lan goups ove aess to and ontol ove esoues has been a key dive of the onflit in all pats of Somalia. Clashes ove op podution, animal gazing, and the use of wate points have been most ommon. Negotiations ove etun of popety and land ae thus an integal pat of ahieving peae but ould also potentially futhe esalate onflit. 8

27 Militaization. Continued polifeation of small ams fom neighboing ounties has made small-sale onflit moe lethal and has stengthened the militaization of a soiety in whih violene is a nom and guns ae an aepted fom of onflit esolution. Lak of aountability eates a ultue of impunity, whih futhe exaebates onflit. Regional Disputes. Sool and Easten Sanaag emain disputed by Somaliland and Puntland. Inhabitants of the egions ae ton ove thei allegiane, whih ats against onflit de-esalation. Mudug egion emains disputed by South Cental Somalia and Puntland. Intenational Involvement. Intenational atos exet both positive and negative influenes on the omplex Somali onflit. With extenal atos sometimes popping up lans that ae willing to boaden thei sphee of influene, Somalia has often been the battlegound fo divisions between its Afian and Aab neighbos. Soue: Wold Bank Conflit in Somalia: Dives and Dynamis, Wold Bank, Januay Clans 66. Somali ultue and politis ae oganized aound main lans. Eah lan is made up of vaious levels of subdivision that desend fom lan-families to lans, sublans, sub-sublans, pimay lineage goups, and diya-paying goups. The latte onsist of a numbe of families bound by the losest kinship ties. Diya goups take olletive esponsibility fo thei own seuity. They have an obligation to ompensate othe diya goups fo any ham done by one of its membes. 67. In the peiod following independene, politial govenane apidly assumed a somewhat lan-based haate (Balyauha 2004). The lan was used as a means of exeting powe. Clanbased politial leades favoed lan inteests. This patie ulminated in the divide-and-ule tatis of the Bae egime, whose toops went as fa as to am so-alled loyal lans and inite them to wage wa against ebel lans (Boaine 2004). As a esult, the Isaq people of Somaliland wee violently oppessed, as wee the Majeteen and Hawije lans in the South. Clan-based fations oganized militaily and waged wa against Bae and his toops. Afte the ollapse of his egime, Somalia was fatued into fiefdoms ontolled by lan-based fations. 68. The ivil wa led to the displaement of hundeds of thousands of people within the ounty. This esulted in tensions between membes of diffeent lans. Many weake and maginalized lans have foged allianes with lage lans to seek potetion and suppot. They find themselves in a patiulaly fagile situation of dependene, whih ould easily lead to onflit. The diaspoa plays an impotant ole in the potetion and suppot of maginalized goups. Fo weak lans, one stategy to build stength and widen the lan s onstitueny onsists of building elationships with the diaspoa, suh as emittanes, labo migation, immigation, and esoue suppot. 69. Despite intelan onflit, the lan system is not neessaily an insumountably divisive fato of Somali soiety. Clan identities ae not in and of themselves the basis fo onflit. Rathe, it is thei delibeate politial manipulation that has eated and exaebated divisions. Clan goups an seve as destutive o onstutive foes as well as onflit modeatos, and at pesent, vaious types of intelan allianes and patneships opeate in the business and sevie setos of the eonomy. 9

28 Conflit Constituenies and Othe Baies to Reoniliation 70. The Bae egime set the stage fo intelan amed stuggle, whih led to a wa eonomy with exteme levels of violene assoiated with iminality and fueled by many onflit onstituenies. In South Cental Somalia at least 50,000 militia membes belong to diffeent amed fational goups, suh as walod militias, business militias, feelane militias, and shai a out militias. 71. Thee is onflit between adial Islamists and those who favo a non-politiized, modeate Islam. The upsuge in deadly lashes between po- and anti-islami fundamentalism in Mogadishu sine the TFG was onstituted is evidene of this uent ift. In late Mah and ealy Apil 2006, an impotant hange was manifested in powe elations in the Mogadishu egion, when a new Islami goup suppoted by businessmen and vaious inteest goups sueeded in defeating a self-delaed anti-teoist oalition of six walods. This onflit is ongoing. 72. The following baies to eoniliation have been identified: (a) the geneal mistust of the state among Somali people; 16 (b) the zeo-sum oneption of the state that most politial atos seem to shae, () the existene of onflit onstituenies, that is, goups with vested inteests in the status quo of the politial vauum, (d) unesolved issues suh as land and popety issues, and (5) unaddessed past imes and othe human ights violations. Lessons Leaned fom Pevious Peae and Reoniliation Poesses 73. Multiple eoniliation attempts in the past 15 yeas though national onfeenes have failed, whih analysts have attibuted to seveal fatos. Peae and eoniliation onfeenes wee bent on instituting a ental govenment, athe than on fousing on the deep auses of the onflit. The eoniliation dimension was not pat of these onfeenes, whih estited themselves to bokeing powe-shaing aangements among walods and fation leades. Many goups militating fo peae and eoniliation, suh as eldes, taditional leades, ivil soiety figues, women s goups, aademis, and youths, wee maginalized o exluded. The key issues of eoniliation and of justie, suh as unauthoized oupation of land and popety, the etun of intenally displaed pesons (IDPs), and questions about the elationship between itizens and the state, wee left unaddessed. These onfeenes also failed to make efeene to wa imes and peseution of ivilians. 74. In addition, these initiatives wee not shelteed fom the influene of subegional geopolitial inteests. The ounties bodeing Somalia, whih themselves have many inhabitants of Somali oigin, patiipated in the talks. The Conflit Resolution and Reoniliation Committee (Committee 6) of the Somali National Peae and Reoniliation Confeene (Deembe 2002) stated that: The inteests of some of the fontline states and othe foeign ounties in Somalia s politial destiny is [si] manifested in thei suppot fo a fation(s) o though the pusuit of a delibeate poliy to keep Somalia divided. Loal Initiatives of Reoniliation 75. In addition to the peae onfeenes of the post ivil wa peiod, numeous eoniliation initiatives took plae at the ommunity level in seveal egions of Somalia. At pesent, seveal loal initiatives ae unde way, suh as the South Mudug initiative, whih involves five distits 10

29 and is led by loal ommunities with baking fom the diaspoa, with the eent suppot of the TFG. Anothe initiative in Westen Somalia involves two goups with a histoy of gievanes ove aess to wate. The TFIs, with suppot fom seveal UN agenies and loal NGOs, ae undetaking eoniliation poesses at the distit level, with many ativities onduted at the subdistit level, as a peliminay step befoe loal ounils ae seleted and egional authoities ae eleted by delegates fom the distit ounils. 76. The following ae lessons leaned fom the peae and eoniliation onfeenes: The eoniliation poesses should be Somali owned; they should be oganized, onduted, and implemented by Somalis without foeign intefeene. Somali eoniliation should be ompehensive, boad-based, inlusive and seek the patiipation of all onflit paties. Women should be fully involved. These poesses should be patiipative, be top down and bottom up, and be integated in all levels of state-building. Flexibility is equied on the duation of the poess. They should be onduted within Somali teitoy Taditional Reoniliation Mehanisms 77. Customay law, desibed below, is an impotant onflit esolution mehanism that is used within lans as well as between lans. The stength of the system lies in the ative patiipation of lan eldes and eligious and ommunity leades and in the fat that eoniliation is assoiated with some fom of estoative justie. Clan eldes ae a pimay soue of onflit mediation. Clan-based ustomay law seves as a basis fo negotiated settlement, and lan-based goups that pay diya (blood ompensation, usually amels o othe livestok) seve as a deteent to amed violene. (Contini). This mehanism is espeially effetive when onfliting paties will all benefit fom the esolution of the dispute and when the onflits ou between neighboing lans. 78. Civil wa povoked impotant population movements and deep tansfomations of soial, eonomi, politial, and juidial elations. The ole of ustomay law also hanged. New situations aose, suh as onflits between lans totally devoid of a histoy of onflit esolution. Some lans took advantage of thei militay supeioity in ode to oupy othe lans teitoies and seize natual and stategi esoues suh as fetile land, valuable uban eal estate, and habos. This led to signifiant hanges in lan boundaies in many pats of the ounty, with vaious lans onsolidating thei positions on oupied lands. In suh onditions, both fo the state and fo taditional leades, the pospet of winnes and loses emeging fom peae and eoniliation poesses is ineasingly likely. 79. The hanged stutue of lan distibution is also a hallenge fo a possible eonfiguation of South Cental Somalia into lan-based egions and even into states, whih ould onstitute themselves within the fedeal famewok muh like Puntland has done in the 11

30 past. In the uent ontext, it is the TFG that funtions as the state govenment fo the whole of South Cental Somalia. 80. The ole of taditional mehanisms is also being hallenged beause of the loss of status of some eldes and taditional leades. In the past, they eeived allowanes fom suessive state administations and wee seen as seving the inteests of the state in maintaining publi ode. This was patiulaly the ase in the Italian olony, whee eldes beame lients of the olonial powes (Danish Refugee Counil 2004). Now, eldes soliit pesonal finanial ontibutions fom lan membes, and this too ompomises thei impatiality in settling disputes. It is impotant to note that the image of eldes is diffeent in the Noth, whee eldes ae highly esteemed. On the othe hand, in pat of South Cental Somalia, thei taditional authoity has been weakened by walods. The moal status of lan eldes has been affeted by thei inability to pevent and solve etain onflits and, in some instanes, by thei making the onflits wose. 81. Howeve, taditional leades ae still the pime foe fo stability and ontinuity in tems of egulation of aess to the esoues, inluding gazing and wate, esolving onflits between lans as well as influening behavio within thei own. Thei oles in eveyday life vay thoughout the ounty (Elmi 2006). In Somaliland lan eldes at the lowest level (aqils) uphold the ustomay law (xee) within and between sublans. Futhemoe, the lan system is epesented at a national level though the guuti, o house of eldes, and funtions alongside the govenment ministies and egional authoities. In Hiaan, Cental Somalia, whee the selfpolaimed loal authoity has no exeutive powes, taditional hiefs (ugases) ovesee the daily wok of loal eldes, samadoon (village hiefs), and nabadoon (peaemakes) in egulating antisoial behavio. In Mogadishu, Jowha, and elsewhee in the South, taditional leadeship authoity has been lagely undemined. The Italian olonial ule, as well as the Siad Bae egime, did not allow the taditional leades to play a ole in soiety, and sine the mid-1990s walods, baked by amed militias, they have uled on thei own inteests. Clan leades and eldes still opeate as neighbohood mediatos. Islam and Reoniliation 82. Islam is a soue of dispute esolution based on ultual and taditional paties that have been influened by shai a (FOPAG 2003). Somali taditions and values wee shaped by Islam ove the last millennia. Analyses of soues of law and justie systems in Somalia (see below) eveal that thee ae lose links between xee, shai a, and Westenized juidial poesses and that these systems ae omplementay. This is lealy evident fom the patie of shai a outs, whih emeged in numeous Somali ities. In eahing deisions, the shai a outs have adopted the guiding piniple of suluh, whih oughly tanslates to esolution. Aoding to suluh, the shai a outs, xee, and elevant state laws an be ombined to aive at a esolution that is aeptable to all paties. Suessful eoniliation will equie the einfoement of this omplementaity. 83. Although ustomay law is based entiely on onflit esolution without adjudiation, the Islami system, on the othe hand, suppots both adjudiation and mediation of disputes. These funtions will be itial fo politial and soial eoniliation. So fa, this potential has been undeutilized, sine shai a outs have been playing a limited ole in onflit esolution. 12

31 Human ights, Justie, and Reoniliation 84. Numeous human ights violations ommitted by Siad Bae s egime and duing the ivil wa wee, to a lage extent, lan-based: fo example, the foed onsiption and quasienslavement on fams of weak soial goups suh as the Bantu, and the ethni leansing ampaigns. Thoughout the ounty, human ights violations emain endemi. These inlude mude, looting and destution of popety, apes, use of hild soldies, kidnapping, disimination of minoities, totue, unlawful aest and detention, and denial of due poess by loal authoities. The ontinued human ights abuse is a soue of ontinued violene as goups seek evenge. 85. Soone o late eoniliation and peae building will have to addess justie and ompensation issues. Tansitional justie efes to a ange of appoahes, inluding poseutions, tuth-telling, eoniliation, epaations, and institutional efom (Ghai 2002). 86. The appoahes to tansitional justie ae both judiial and nonjudiial. They enompass the vaious dimensions of justie that an heal wounds and ontibute to soial eonstution. They ely on intenational human ights in demanding that states halt, investigate, punish, epai, and pevent abuses. Tansitional justie appoahes onsistently fous on the ights and needs of suvivos and thei families. Somalia will have to find its own way by taking its unique soial and ultual ontext into aount. Women and Reoniliation 87. Somali women ae maginalized fom peae-building and eoniliation poesses in spite of having played and ontinuing to play a key ole in these aeas. The Somali women attending the Somalia National Peae and Reoniliation Confeene in Naiobi expessed thei women s agenda fo the peae and eoniliation poess, with onete eommendations in eah of the ommittee aeas of the onfeene, as pesented in the box 2.2. Box 2.2 Women s Agenda fom the Somali National Peae and Reoniliation Confeene Pomote an ative and visible poliy of plaing gende pespetives in the mainsteam of all aspets of development. Povide appopiate taining on gende to esoue pesons undetaking peae and eoniliation initiatives. Ensue at least 25 peent epesentation of women in all offies established on onflit esolution and eoniliation. Afte taking into onsideation national seuity, onvet expenditues on the militay to national pioities of food, shelte, pimay health ae, eduation, and fuel. Clea small ams and explosives out of Somalia. Condemn the systemati patie of ape and othe foms of degading teatment of women as a delibeate instument of wa. Potet efugee women and othe displaed women and failitate thei integation bak into the ommunity. Entenh a onflit esolution ommittee in the hate and ensue the inlusion of women as a ategoy in the ommittee. 13

32 88. Reoniliation will have to be losely linked to the eonstution of the state while employing state building as a platfom fo tust-building and enduing eoniliation (Danish Refugee Counil 2004). The poesses of setting up a system of loal govenane and eoniliation at the gassoots level an einfoe a system at the distit level, patiulaly in thee aeas: ule of law and seuity, land disputes, and soial and eonomi sevies delivey (Govenment of Somalia 1962). The ongoing poesses of eoniliation in South Cental Somalia, with leadeship fom the TFIs and suppot fom intenational patnes and loal NGOs, link ommunity and distit eoniliation poesses with the eation of loal ounils, stating with Bay and Bakool egions. It is envisioned that loal ounils will ontinue the poess of eoniliation, as thei establishment is seen as a esult of onsensus and ageement on eoniliation by a boad goup of loal leades, inluding taditional and eligious leades. 89. Despite the TFI s affimative ation quota of 12 peent, women have not been epesented even in this popotion in eoniliation o in the emeging loal govenane poesses linked to eoniliation. Moe apaity building, and speifi pogammes and ativities, ae equied to help women develop a ommon vision and plans fo thei ativism. Land, Popety, and Reoniliation 90. Land is a key element of eoniliation. A lage numbe of Somalis wee diven out of thei home envionments and off thei land and popety beause of thei lan affiliation and wee left with little hoie but to migate elsewhee. The majoity of IDPs all ove Somalia lak basi potetion and seuity of tenue and an be evited by landownes o authoities at any time (Hais et al. 1998). Evition of publi buildings is also a majo poblem. Thee ae many disputes aound unlea boundaies, patiulaly in ual aeas. In towns and ities, high-value land is disputed and gabbed by wealthy goups. With the etun of IDPs and the demobilization of some militay and seuity foes, pessue on esoues might mount, and with it land and othe natual esoue disputes. 91. In the absene of a onsistent legal famewok and adequate loal o national institutions o data management apaities in the land and popety seto in any egion, onflit esolution is a omplex mixtue of taditional, seula, and eligious-based ad ho paties. Land poliies, inluding a land management system, should be developed and implemented in ode to takle poblems of land onflit esolution, pevention of futhe invasions, land and popety estitution, illegal land gabbing, and land and shelte fo IDPs. A key element of the stategy ould be the establishment of land ommittees at the distit level, with a stong epesentation of the loal ommunity. TFIs and Reoniliation 92. The Tansitional Fedeal Chate alls fo the establishment of a National Commission fo Reoniliation and a Land and Popety Disputes Commission. The Chate speifies that the ommissions stutues and funtions shall be poposed by the Counil of Ministes and appoved by Paliament. The TFG nominated 27 membes of the National Commission fo Reoniliation in July 2005 and awaits the atifiation of these nominations by Paliament. In the 14

33 inteim, the pime ministe established, unde the Ministy of Reoniliation, a body of five pesons esponsible fo woking with the membes of Paliament to atify the nominated ommission. Following the establishment of the ommission, the membes will develop a stategi plan fo eoniliation. The Ministy of Reoniliation is playing an ative ole in the distit-based eoniliation poesses that ae peeding establishment of loal ounils, as ae membes of Paliament fom the espetive distits. 93. The Conflit Resolution and Reoniliation Committee of the Somali National Peae and Reoniliation Confeene poposed that the National Commission fo Reoniliation meet the following esponsibilities: poliy making and planning, monitoing and building apaity, oodinating and mobilizing esoues, liaising with subegional and egional oganizations fo onflit ealy waning, oganizing onfeenes and sensitizing populations on onflit and small ams, and pepaing mateials fo taining and publiation. The ommittee stated that this body should be fee fom politial and govenment ontol. Paliament has also taken the initiative of establishing a Committee fo Reoniliation and Popety Restitution, whose 12 membes wee appointed in Mah Vision and Pioities fo Reoniliation 94. The vision is fo eoniliation to sueed in pomoting disamament, demobilization, and eintegation of militias; esolving land and popety disputes o eating an envionment in whih legal poesses of mediation o settlement an develop without euene of violene. That envionment would be one in whih tansitional justie instuments will eventually satisfy the needs of Somali suvivos, in whih inteommunity dialogue and loal govenane will be maintained to enable loal govenane to develop, and in whih eletions and elated politial dialogue will enable the inlusive patiipation of all goups of soiety, inluding youth and women. 95. In South Cental Somalia the pioities fo eoniliation ae to suppot the TFI stutues esponsible fo peae building and eoniliation (the National Commission fo Reoniliation, the Land and Popety Disputes Commission, and the Paliamentay Committee fo Reoniliation and Popety Restitution); suppot ivil soiety oganizations (CSOs) involved in this field; enouage inteommunity dialogue and pomote itizen patiipation in state building, espeially though the onstitutional dialogue and loal govenment poesses; suppot loal eoniliation poesses in stategi aeas and egions; and link tuth, justie, and eoniliation poesses. The TFI stutues will need to develop o expand to inopoate eoniliation needs esulting fom lashes between the TFG and the Union of Islami Couts. Pioities fo eoniliation in Somaliland and Puntland ae to futhe develop the existing, elatively suessful poesses of eoniliation and dialogue towad dispute settlement and patiipation in govenane. 15

34 Justie and the Rule of Law Legal Plualism and Thee Soues of Law 96. Despite the ollapse of the state in Somalia, thee has not been a total vauum in the judiial funtion (Le Sage ) Diffeent justie systems oexist in Somalia, as follows: (a) the taditional, lan-based system (xee); (b) the fomal judiiay stutues in egional administations and ental govenments; () the gowing numbe of shai a outs in uban aeas, patiulaly in Mogadishu; and (d) ivil soiety and pivate initiatives, as well as ad ho mehanisms established by militia fations. Seveal o all of these systems ae often found in the same loation. Taditional, eligious, and seula (moden) systems, funtioning in paallel, egulate a wide ange of affais, fom the esolution of onstitutional disputes in egional politial administations to the enfoement of business ontats and the settlement of family disputes. They have failitated the development of a pivate seto eonomy, a dynami ivil soiety, and loal peae-building initiatives. 97. The map Community Peeption of Povision of Justie at Settlement Level, 2006 (see inset) shows the povision of justie within settlements, as peeived by the ommunities, with the legend indiating shai a, ommunity eldes, and the judiiay (meaning seula outs) as the optional systems. It is lea that ommunity eldes ae the pevalent fom of justie in most settlements of South Cental Somalia, in the view of ommunities. Shai a outs ae onentated in pats of Bakool and Gedo egions, with some pesent in the viinities of Meka and Jowha. Seula outs ae pedominant along the seaoast in Middle Shabelle distit and ae also pesent, togethe with shai a and ustomay outs, along the main oad ateies between Mogadishu and Jowha. 98. The thee main soues of law an be desibed as follows. 1. Customay law (xee) is the set of ules and obligations developed by taditional eldes to mediate peaeful elations between Somalia s ompetitive lans and sublans. It is an unwitten ageement that has evolved within and between Somali lans and sublans. The soues of xee date bak entuies; it is a tadition that has been passed down oally fom one geneation to the next. One an efe to a single geneal xee, sine the most signifiant piniples of this ustomay law ae ommon aoss all Somali lans. Howeve, xee is also loalized, emanating fom speifi bilateal ageements between sublans that taditionally live adjaent to one anothe. Appliation of the ule of xee is flexible and vaies fom plae to plae, depending on iumstanes and situations (PDRC 2002 and Hussein and Fod 1998). Xee tends to be lan based athe than individualized. Inteests of individuals ae subodinate to the inteests of the lans. 2. Shai a law is the basis fo all national legislation. Somalis ae almost entiely Muslims fom the Shafi i shool of Sunni Islam. A signifiant numbe of shai a peepts and paties wee assimilated within xee. As a esult, many points of shai a have often been subodinated to lan tadition, patiulaly in mattes of olletive esponsibility taking peedene ove pesonal liability and in the natue of punishments and family issues. Thoughout the olonial time, as well as in the postindependene ea until the ollapse of the Siad Bae govenment, shai a was 16

35 Community Peeption of Povision of Justie at Settlement Level, 2006 (Daft) Distit bounday Regional bounday National bounday Povety Analysis and Monitoing S CALUULA S S U QANDALA S S BOSSASO S U S ZEYLAC LAASQORAY Awdal LUGHAYE CEERIGAABO S S S U S S S BAKI BERBERA Sanaag S ISKUSHUBAN BORAMA CEEL AFWEYN U S U S S S S Woqooyi SHEIKH GEBILEY Bai Galbeed S S QARDHO BURCO HARGEYSA BANDARBEYLA TALEEX S OWDWEYNE XUDUN CAYNABO Togdhee Sool BUUHOODLE U S U S S GAROOWE LAAS CAANOOD Nugaal S EYL S BURTINLE S S JARIIBAN GALDOGOB GAALKACYO U S S CADAADO S Mudug CABUDWAAQ DHUUSAMARREEB U S HOBYO S Galgaduud S U S CEEL BUUR S S S BELET WEYNE XARARDHEERE CEEL BARDE S U S S YEED S S S S S S Bakool Hiaan XUDUR U S S U S S S S U S S S TAYEEGLOW DOOLOW CEEL DHEER BULO BURTO WAAJID LUUQ ADAN YABAAL BELET JALALAQSI XAAWO BAYDHABA GARBAHAAREY QANSAX POVERTY REDUCTION AND SUSTAINABLE S S S LIVELIHOODS (PRSL) PROGRAMME S U S Somalia S U S Legend S S Gedo DHEERE WANLA WEYN JOWHAR CADALE Bay CEEL WAQ BALCAD Shabelle Dhexe BAARDHEERE S U S BUUR HAKABA AFGOOYE DIINSOOR MOGADISHU QORYOOLEY Banaadi SAAKOW KURTUNWAAREY MARKA Juba Dhexe Shabelle Hoose SABLAALE BU'AALE Justie is povided by: S BARAAWE Community eldes (Odayaasha deegaanka) S AFMADOW S Judiiay (Maxkamadda) JILIB S Shaia (Shaeeada) JAMAAME Juba Hoose U S S Distit towns KISMAAYO U Regional towns BADHAADHE S N Kilometes Kilometes The map is based on the esponse of the fous goups inteviewed duing the settlement ensus that was implemented unde the Somalia Wathing Bief (SWB)/Low Inome Counties unde Stess (LICUS) pojet, jointly funded by UNDP and the Wold Bank. The ensus oveed ove 90 of the settlements and wate points in Somalia. Howeve, some of the settlements (in South Mudug; Galgadud; and pats of Lowe Juba and Gedo) ould not be oveed due to inseuity o landmines, and hene have not been epesented. The map povides the peeption of the fous goup in eah settlement on who povides justie in that patiula settlement, out of a ange of options. The egional and distit boundaies eflet those endosed by the Govenment of the Republi of Somalia in

36 offiially inopoated into the Somali state justie system. Aoding to all pesently existing Somali onstitutions, shai a is applied within the fomal justie system at the level of outs of fist instane in ommon ivil ases, inluding family mattes, maiage, divoe, and inheitane. Howeve, shai a law annot be applied to iminal mattes, as povided by the 1962 Law on Oganization of the Judiiay, whih is still in effet. Sine the ealy 1990s, howeve, with the establishment of shai a outs, a new fom of shai a has been oganized and implemented in a numbe of diffeent ities and towns. 3. The fomal seula legal famewok is based on olonial law and famewok (Italian and Bitish) as well as on post-independene developments. Constitutional Famewok fo the Rule of Law in Tansition 99. The Somali onstitutional famewok is in tansition. Somaliland has adopted a onstitution by efeendum. An impotant dawbak in this onstitution is that the judiiay is opeating in a legal vauum. Puntland s fist hate ( ) was eplaed by a povisional onstitution based on the judiial system in plae afte independene, whih inludes geate independene fo the judiiay and a High Judiial Counil supevising the outs The hate of the Tansitional Fedeal Institutions (TFI) eates the Judiial Sevie Counil (JSC), an independent supevisoy body that will ovesee and diet the geneal poliy and administation of the judiiay. The JSC will be esponsible fo all appointments, tansfes, disipline, and emuneation of the judges. The Tansitional Chate has not been made fully opeational. Fundamental deisions egading the natue of the legal famewok have yet to be deided, as well as the impliations of fedealism and its impat on state stutues and systems fo the administation of justie. The hate will affet, fo example, the juisditions, powes, and loations of outs of appeal; the development of a legal famewok based on fedeal o egional statutes; and the integation (o not) of shai a outs into the fomal system. It also will affet the integation, management, and ovesight of the polie, pisons, and poseution sevies Potetion of fundamental ights in these onstitutional douments is a pessing onen. Given the absene of a funtioning state in Somalia, key intenational and egional human ights instuments have not been atified o domestiated, weakening the legal human ights potetion of vulneable itizens. The Somaliland onstitution does inlude a bill of ights, and effots have been made to integate fundamental ights in the UNDP Rule of Law and Seuity Pogamme (ROLS) ativities (fo example, taining and law evisions). The Puntland onstitution also stipulates that Puntland adhees to the human ights obligations enteed into by pevious Somali govenments. The pimay assigned to shai a law in Somalia s onstitutional douments is seen by some ommentatos as onfliting with human ights standads and as equiing laifiation. Thee ae also onens egading xee, suh as unequal teatment of women and the natue of punishments. Challenges of Pluality of Judiial Systems 102. A key hallenge of the pluality of judiial systems lies in establishing an integated judiial system fo a tansitional peiod, with lea and ageed-upon funtions and links between 18

37 the diffeent legal famewoks, links that take into aount the vaious stengths and weaknesses of eah one of these systems of law In South Cental Somalia a fom of shai a out has been established by oalitions of loal inteests, inluding eligious leades, lan eldes, and businessmen. South Cental Somalia s new shai a outs have thee oles: they oganize a militia to appehend iminals, they pass legal deisions in both ivil and iminal ases, and they ae esponsible fo the inaeation of onvited pisones. Thei stutues inlude (a) a standad hieahy of a haiman, vie haiman, and fou judges; (b) a small but well-equipped militia fomed into a polie foe suppoting the implementation of the judges deisions, but also funtioning independently to intevene in ommunity disputes and aest suspeted iminals; () sepaate detention aeas; and (d) a finane ommittee to ollet and manage a popotion of tax evenues levied on egional tades by the loal administation Although these (infomal) outs seem to have aquied a degee of loal legitimay, they ae not integated into a fomal judiial system; no mehanisms exist fo ensuing ompliane with intenational human ights standads. At the same time it is neessay to find peaeful ways of ontaining outs opeating outside the legal famewok. This ould be undetaken only one fedeal and egional authoities in the egion have themselves attained a suffiient degee of authoity, effetiveness, and legitimay Little has been witten about the nonstate systems. 17 Xee is the most aessible and ommon mehanism to esolve loal disputes and seek emedies fo edess. It is patiulaly impotant in ual aeas; howeve, even in uban aeas with loal administations, xee is usually the fist eouse in dispute management, settlement, and eoniliation. As vaious studies lealy demonstate, xee is peeived by fa as the most aessible of the justie mehanisms. The eoniliation of disputes, aoding to the peeption of ommunities, follows an almost idential patten as the povision of justie, as shown in Map A3 (see Map A4 in the annex fo data on eoniliation of disputes). Fomal Judiiay Stutues 106. Somalia inheited two diffeent seula (olonial) systems, whih wee unified in 1962 though legislative deee 3 (no. 3). Shai a and xee (ustomay law) ontinued to opeate in paallel. The seula out system ompised a Supeme Cout, appeals outs, and pimay outs (distit and egional outs), as well as a High Judiial Counil and a Constitutional Cout. Distit outs inluded qadi outs, whih apply shai a law with juisdition ove family and pesonal mattes, and a seula setion with juisdition ove lesse imes and mino ivil ases. Qadi outs wee legal until 1962, when the Somali govenment deided to abolish them and give moe authoity to distit outs to ty shai a ases as well as ivil ases. In the egions of Somalia whee publi authoities ae opeational, this stutue is boadly followed. Legal Mateials and Legal Refom 107. Fomal legal mateials ae not widely available, endeing the law inaessible to most legal pofessionals as well as to itizens. 18 Most key statutes ae outdated, eithe deived fom olonial and postolonial times o maked by the peiod of militay ule unde the Siad Bae 19

38 egime. In Somaliland, a Law Review Commission was established in Otobe 2003 with the mandate of olleting and ompiling the diffeent existing laws. Despite the lak of legal taining of most of its membes, this ommission has sueeded in olleting a lage numbe of ustomay paties and opeating seula laws. It has also eviewed the Childen s Bill and examined appoximately 80 peent of the penal ode. Seula Couts 108. As pat of the effots of the TFG to establish its authoity in Somalia, steps ae being taken to eonstitute a fedeal Supeme Cout and identify expeiened legal pofessionals and suppot staff who ould be eappointed to the top of the judiial hieahy. The pesident of the Supeme Cout and the attoney geneal have aleady been nominated. In South Cental Somalia a numbe of outs of vaious kinds ae in opeation, but these ae not fomally linked to an established judiial system. These inlude a numbe of shai a outs in uban aeas, suh as in Mogadishu, as well as pivate seto, ivil soiety, and militia mehanisms By ontast, Somaliland and Puntland have been eestablishing funtional outs though building ehabilitation, equipment, and the povision of basi taining. Somaliland and Puntland both have High Judiial Counils esponsible fo the appointment, tansfe, and pomotion of judges, and disiplinay heaings fo emoving them, and fo supevision of the outs. Though offiially these ounils ae guaanteeing the independene of the judiiay, they ae in fat often ontolled by the govenment. Thee is no body of laws that establishes how the legal system should opeate, suh as by defining the juisdition and ompetene of the diffeent outs, the equied qualifiations fo judges, how senioity among judges will be detemined, and how the pomotion within the judiiay should be egulated. In both egions, institutional weaknesses inlude the lak of infastutue, basi equipment, eod keeping, tanspotation, and efeene mateials. In addition, management and supevision systems ae undedeveloped, and thee is a shotage of qualified staff In Febuay 2006 Somaliland had 93 judges: 52 in distit outs, 20 in egional outs, 14 in appellate outs, and 7 in the Supeme Cout, plus judiial suppot staff. Of the judiial staff, 90 peent have not been eduated beyond seonday shool. Salaies ange fom US$150 to US$350 fo distit judges, to US$450 fo Supeme Cout justies (highe than ministes salaies). Of the total numbe of judges, 17 peent ae unpaid and offe thei sevies on voluntay basis. Thee ae five appellate outs, six egional outs, and 30 distit outs. Only 18 distit out buildings exist, and they have not been ehabilitated. The ministe of justie would like to inease the numbe of judges to 200 (fo an estimated Somaliland population of 2 million to 2.5 million), but this would need to be baked up by an analysis of the loation and utilization of outs and of the affodability of ineasing the wage bill of the judiiay Puntland now epotedly has 55 judges, of whih 13 have law degees. Most of them ae shai a o taditional judges. The High Judiial Counil, omposed of fou membes of the Supeme Cout, the attoney geneal, and two ommunity membes, has taken disiplinay ation against some judges (10 wee suspended in 2004 fo ouption, whih was possibility linked to the nonpayment of salaies). As thee ae only seven outs in Puntland, they shae ommon pemises and outhouses. 20

39 112. It is estimated that moe than 75 peent of Puntland has no funtioning pimay outs, limiting the aessibility of justie to uban entes. Judges, poseutos, and suppot staff have low salaies and ae paid iegulaly, sometimes going fo months without pay. Salaies ae epoted to be US$100 fo fist out appeaane, US$120 fo appeals, and US$400 fo the attoney geneal. Fees have to be paid fo ivil ases (about 3 5 peent of the value of the ase), and suvivos have to pay the osts in iminal tials. Monies olleted ae tansfeed to the Ministy of Finane, and the out has omplained about a lak of basi neessities, suh as eletiity o a filing system. Loal distit outs ae funded by loal authoities, and judges tend to have been tained only in shai a, as opposed to seula law. In Puntland, efeshe taining ouses have eently been povided to all judges and suppot staff, and a numbe of out omplexes have been ehabilitated, o-loating poseution, distit, and highe-level outs (suh as in Bossaso and Qado) In these two egions, it is neessay to addess suppot to the judiial system systematially, stating with an undestanding of the ole of the fomal justie system in elation to the infomal judiial systems: its eah and sope, numbes of judges and suppot staff, numbe and vaiety of outs, funding (inluding affodability of salay levels and povision of esoues fo opeational puposes), as well as moe tehnial issues suh as monitoing ase management and the quality of tials. To make the outs moe aessible, efoms would need to inlude stengthening and establishing distit outs and possibly intoduing mobile outs. Couption and politial intefeene ae epoted to be poblems, whih ould be addessed though poliy dialogue and publi debates on the ole and expetations of judiial institutions. Ad ho taining ouses will need to be eplaed by moe sustainable mehanisms fo ontinuing legal eduation. A mehanism to monito the pefomane of outs would help in assessing not only the impats of the vaious legal taining offeed but also the oveall weaknesses of the judiial system and would help identify pioities fo efom. Ministy of Justie 114. The apaity to fomulate legal poliy and ovesee the pefomane of judiial, poseutoial, and oetional sevies is weak aoss Somalia and in plaes is nonexistent. At the fedeal level a ministe of justie has been appointed, but thee is no funtional ministy In Puntland, whih has no ministe of justie, some of the esponsibilities of this ministy have been taken ove by the Ministy of Religious Affais (inluding fo the pisons, in onjuntion with a ommissione of pisons). The hief justie heads the justie system, and the pesideny also has some esponsibilities. Coetional Sevies 116. Seveal eent assessments of oetional sevies 19 evealed the following poblems: oveowding; a lak of spae in ells, pope toilet failities, and pope beds; food ations that ae insuffiient in quantity and quality; shotages of fesh ai, dinking wate, and othe basi health needs; exteme tempeatues in the pisons (vey hot duing the day, extemely old at night); an inappopiate mix of inmates (fo example, young boys with often-unfounded light sentenes in the same envionment as olde, hadened iminals seving longe sentenes); exessively long waiting peiods fo emanded people awaiting tial; a lak of appopiate medial sevies; and a lak of pope voational and othe eduational pogammes. Most of the 21

40 pisons ae fit only fo demolition. Some ativities to impove pison onditions ae unde way; howeve, these inteventions ae insuffiient, and an in-depth tansfomation of oetional sevies is equied. Legal Pofession and Legal Taining 117. ROLS has played an impotant ole in helping to establish ba assoiations in Somaliland and Puntland. The Somaliland Lawyes Assoiation (SOLLA) was founded in 2004 by 40 pofessionals, of whom 90 peent ae of Somaliland oigin. Pesently, Somaliland has only one female lawye and no female judges Legal eduation is a hallenge in view of the destution of eduational institutions aoss Somalia. ROLS helped establish a Shool of Law faulty in Hageisa Univesity, inluding a legal lini to impove the patial skills of students. A fist goup of 34 will gaduate in August ROLS has esponded to the shotage of legal apaity by emphasising taining ouses, mixing the vaious ategoies of law pofessionals (judges, lawyes, assessos, egistas, and notaies). The emphasis is put on substantive law, legal analysis, legal witing, and tial patie. Couses on juvenile justie and on HIV/AIDS ae being intodued. Paallel disussions ae oganized on the way ases suh as homiides ae dealt with though the vaious soues of law (the penal ode, xee, and shai a). Aessibility 119. As a esult of yeas of wa, exteme povety, and misule, aess to justie emains seveely onstained in Somalia. Featues have been examined above, but they also inlude the lak of laity o knowledge of the full ange of legal famewoks and legal potetion by poo and vulneable men, women, and hilden; unpeditability and inonsistene in teatment by justie povides; emoteness of fomal outs; fees and othe osts assoiated with binging a ase; and lak of speial attention to the needs of hilden, women, minoities, and IDPs o efugees In Somaliland, the Hageisa legal lini oves iminal law, ivil law, human ights, efugees and IDPs, and land and popety. It also has a new setion addessing women and hilden s ights, staffed by the only woman lawye in Somaliland. In Puntland, Diakonia has funded, on behalf of UNDP ROLS, a paalegal initiative led by Somali Women Conen, a women s ights NGO. This initiative stated in 2000 in Galkayo and benefited at fist fom the suppot of a Kenyan women s NGO. The pojet was extended to Gaowe, whee meetings of voluntees wee held. The initiative was then eplaed by a legal lini, whih was established in the Gaowe Teahe s Taining Cente. The Puntland initiative, instead of epliating the Somaliland legal lini, ould be tuned into a po-poo legal sevie povide (beyond legal aid) and wok ollaboatively with paalegals, the ba, ommunity eldes, and othe mehanisms. The institution needs guidane and should be suppoted in developing a stategi plan to laify its taget audiene and its objetives. The Taditional, Clan-Based System (Xee) 121. The fundamental, aepted ules of xee ae the following: 22

41 Colletive payment of diya (blood ompensation, usually paid with amels and othe livestok) fo death, physial ham, theft, ape, and defamation, as well as the povision of assistane to elatives Maintenane of intelan hamony, by spaing the lives of soially espeted goups (inluding the eldely, the eligious, women, hilden, poets, and guests), enteing into negotiations with peae emissaies in good faith, and teating women faily without abuse (Intenational Cisis Goup 2002) Family obligations, inluding payment of dowy, the inheitane of a widow by a dead husband s bothe, a widowe s ight to may a deeased wife s siste, and the penalties fo eloping Resoue utilization ules egading the use of wate, pastue, and othe natual esoues; povision of finanial suppot to newlyweds and maied female elatives; and the tempoay o pemanent donation of livestok and othe assets to the poo 122. Colletive esponsibility is a fundamental piniple of xee. Nomadi individuals have too few pesonal esoues to pay a given obligation. If diya is not paid, fo example, the aggieved lan may deide to kill the iminal o membes of that peson s lan. The esult would be both that a lan would lose a membe and that a yle of evenge killings and pesistent inseuity would begin. Anothe ationale fo olletive esponsibility is that the idea of pivate popety has always been subodinate to a notion of olletive popety that is shaed within vaious levels of a lan and between lans. Howeve, it is not unommon fo membes of a diya goup to esist paying thei obligation fo anothe membe s infation Implementation of xee is oveseen by taditional eldes who ae simultaneously onsideed its legislatos, exeutos and judges (IDS). Deision making is nomally based on peedent, whih is used when deiding on all ommon poblems that a lan ommunity has faed in the past. Juispudene the infomed easoning of eldes is used to solve new poblems fo whih no appliable peedent exists. The eouse to juispudene is guided by the poveb, If something happens that we have neve seen o head befoe, we will make a judgement in a way that has neve been seen o head befoe. This opens the way to adaptations of xee to new ealities Eldes handle a wide ange of mattes, inluding land, mude, ape, divoe, ustody battles and inheitane. They play an invaluable ole by esolving a lage numbe of disputes within and between ommunities Xee deisions have been eognized by govenmental authoities as having legal validity and exeutive effiay (see Law No. 19 of July 1974 of the Somali ivil ode). Some limitations of xee ae as follows: Eldes do not play a ole in adjudiation but athe ty to eah onsensual aangements. Xee has ome into onflit with both intenational human ights standads and Islami shai a law. 23

42 In geneal, the olletive esponsibility imposed on diya goups by xee is seen as emoving esponsibility fom individual pepetatos of ime. Xee disiminates against women. The diya emuneation fo wongly taking someone s life is valued 100 amels in the ase of a male, wheeas the life of a female is valued at 50 amels. Xee imposes foed maiages in set iumstanes. A widow must may the deeased husband s bothe. A woman who is aped is foed to may he attake. Women ae also taditionally denied the ight to inheit apital assets suh as amels, hoses, buildings, seagoing vessels and fankinense plantations, and domesti abuse by a husband against his wife is geneally toleated unless the ham beomes so physially damaging o pesistent that it is soially disuptive. These disiminatoy paties ae not supising, sine all eldes ae male and women ae not allowed to speak at poeedings. Minoities ae also disiminated against in the appliation of xee, whih is fundamentally a poess that eflets the powe elations between lans. As a esult of the lak of impatial enfoement mehanisms, minoity goups patiulaly those of Bantu and Aab oigin ae teated inequitably. This is not the ase when lans ae of elatively equal standing. The image of eldes as impatial has been oupted in etain pats of Somalia. Howeve, they ae still the main povides of justie in the majo pat of South Cental Somalia. Many elements of xee that help maintain soial ode and a ohesive and suppotive family stutue ae being undemined. Youths ejet moe and moe aanged maiages. The ule of the gun opeates in suh a fashion as to kill indisiminately. Militia membes fail to potet taditionally valued impotant membes of the ommunity (eldes, women, and eligious figues). Impoveished by the ivil wa, membes of diya goups ae less willing to povide mateial assistane to elatives and the poo. Illegal ways of making a living that would have been ondemned in the past ae now widely patied and aepted. Xee is badly equipped to deal with moden and uban poblems. In ities it is diffiult fo eldes to know all the paties and the iumstanes as they did in smalle ual ommunities. The defining lines between lans beome blued. Moeove, moden eonomies bing new hallenges, suh as the eognition of pivate popety. Shai a Couts 126. Sine the ollapse of the Somali state in 1991, Islami outs have played a lead ole in the estoation of seuity afte yeas of anahy. Sine the mid-1990s, independent shai a outs have emeged in vaious pats of Somalia, but patiulaly in uban aeas of South Cental Somalia. Often administeed on a lan-by-lan basis, these outs have managed thei own militia foes apable of establishing basi law and ode in thei immediate aea of opeation and of enfoing out deisions. The establishment of these outs is mainly motivated by the neessity to impove loal seuity onditions. It is a means fo fation leades to maintain publi suppot and to pevent intenal fationalism. The outs also povide a seue envionment fo Somali businessmen. In addition, they ae used by a small numbe of Islami adials to pomote the adoption of shai a as the basis fo a theoati state in Somalia. 24

43 127. The shai a outs ae invested with authoity by the lan eldes. Hene, the out is able to take seuity ations against individuals fom that lan. Howeve, this limits the ability of the outs to eah deisions that go against the inteest of the lan. They play a vey limited ole in mediating intelan disputes, whih emain the peogative of lan eldes. Thei politial ole has theefoe been limited. The outs geneally lak suppot fom a lan s eligious leades, who tend to believe that the shai a out judges ae uneduated Beause eah out had juisdition only ove membes of a given sublan, it soon beame appaent that in a lage and heteogeneous ity like Mogadishu a degee of inteout oodination would be neessay (Bandt 2005). This ealization led a goup of out leades to found the Shai a Implementation Counil in ealy The goup ontolled many majo outs and pisons. The Tansitional National Govenment (TNG) that set itself up in Mogadishu in Septembe 2000 was open to ollaboating with these out leades to the point of integating the shai a outs in the fomal judiiay system of Somalia. When the TNG disintegated, so did the ounil. In 2004, the vauum that emained was filled by a new umbella oganization: the Supeme Counil of Islami Couts of Somalia. Sine then the shai a out system geatly expanded in Mogadishu with the suppot of voluntay neighbohood wath ommittees Despite some minoity views, most outs appea to exist hiefly to seve the populations in thei aea and do not appea intent on imposing an Islamist agenda on a new Somali govenment. In Somaliland, what ae ommonly efeed to as shai a outs ae atually pivately un offies known as Maduun-al-Shai, whih obtained a liene to opeate fom the Ministy of Justie. They deal with a ange of ivil mattes fa boade than the taditional qadi outs. Known fo thei integity and the quikness with whih they ome to a deision (the vey opposite of the fomal outs), they attat a lage numbe of people, inluding lage businesses, who go to them stitly on a voluntay basis to seek advie o legal esolution o both. Howeve, the fat that these offies deal only with ases on the basis of onsensus between the paties limits thei utility, as they have no powes of enfoement Civil soiety, the pivate seto, and militia initiatives ae also in opeation and apply some of these legal famewoks with little ovesight and oppotunities fo appeals o edess. Some militia fations that ontol enough ontiguous teitoy established fomal judiial administations along the lines of Somaliland and Puntland. The moe stiking examples ae the administative stutues set up by the Rahanweyn Resistane Amy in the Bay and Bakool egions between 1999 and 2002, and the Lowe Shabelle administation, whih has been polaimed by its goveno sine The systems adopted inlude outs of fist instane, whih apply seula laws fo penal and ommeial ases, and shai a law fo pivate ivil mattes. These outs ae oveseen by an appellate out epoting dietly to the militia fation s exeutive. The Middle Shabelle administation set up a judiiay system in 2002 with an appellate out, a egional out, six distit outs, and six polie stations. The outs ae staffed by thee ex-judges; the othes wee appointed on the basis of shai a knowledge A small but gowing numbe of ommunity-based vigilante goups, o madani, have been eated to povide seuity in esidential neighbohoods of Mogadishu. They opeate by aesting loal iminals, esponding to loal distess alls, and hasing away oaming militia that ome fom othe lans and neighbohoods. 25

44 132. The pivate seto is attempting to play an ineased ole in justie mattes. Businesses, ommunities, and fations hie ex-govenment judges and lawyes, who ae asked to settle impotant legal disputes on the basis of some pe-ageed ombination of state law, lan xee, and shai a. Pivate lawyes ae involved in dawing up ontats fo pivate ompanies and doing abitation fo land and ommeial disputes An innovative ivil soiety initiative fo dispute settlement has been undetaken by eldes in Somaliland s Togdhee egion with the suppot of the Danish Refugee Counil (DRC). The disussions, whih stated as a seies of dialogues with ove 100 eldes and ommunity leades fom five diffeent lans living in the egion, foused on aspets of taditional lan xee that wee peeived as ineffetive in onflit management and ontaditoy to basi onepts of justie and fainess, as enshined in both shai a and intenational human ights standads (Hat 2001). Afte a seies of delibeations, the patiipants issued a delaation of the Togdhee House of Aqils modifying the loal xee on the basis of shai a law and human ights standads. Coopeation between the aqils and the loal govenment and polie was stengthened in onete and tangible ways. The DRC also suppots a Community Poliing Initiative though whih loal eldes of the Togdhee egion ae fomalizing a elationship with the polie. A simila pojet has now stated in easten and southen aeas of Hageisa, as well as in Belet Weyn in South Cental Somalia The DRC is uently undetaking a study on the ole of taditional stutues in elation to the fomal judiial and govenane stutues. Using onsultations, the study is assessing the uent and potential oles of taditional stutues and ustomay law in the development poess, and fomulating a poliy famewok and eommendations fo the ole of the taditional stutues in the vaious egions of Somalia. The DRC has also onduted applied eseah, published in two volumes and titled Pastoal Justie and Somali Customay Law. It identifies the main tenets of xee, shai a, and seula Somali state law, whih ae in onflit with one anothe, and it poposes a egional poess to integate the laws into a single system. Human Rights and Gende Equity 135. Repots by the Independent Expet on Human Rights in Somalia ontinue to desibe a situation in whih fundamental ights ae not guaanteed. Childen s ights, women s ights, and gende equity ae not guaanteed aoss Somalia. Gende-based violene is pevalent, inluding ape, female genital mutilation, domesti violene, and estition of itizenship ights. Women ae disadvantaged unde all thee systems of law that ae uently patied Pomoting women s ights and gende equity is a signifiant hallenge in Somalia in view of the histoial legay and the deep ultual tansfomation equied. What is ugently needed is to undetake a gende eview of the pogammes uently undetaken by the intenational ommunity to identify stategi objetives and new ativities In Somaliland, ROLS has been able to take a numbe of initiatives designed to inease the numbe of women in the polie and legal pofession and has intodued pilot women s and hilden s desks in polie stations. Ativities have taken plae with a oalition of women s oganizations, and a national onfeene on violene against women was held in Novembe In Puntland, ROLS suppoted the paalegal ativities of women s goups, and a ministe 26

45 fo women s affais has been appointed. At the fedeal level, women wee inluded in the fist bath of euits to the Amo Polie Aademy The situation of hilden is patiulaly seious, espeially given that of the most vulneable hilden, that is, those without pime aetakes (paents), those depived of eduation, those foed to wok o obliged to do so in ode to suvive, those with physial and mental disabilities and those in onflit with the law. Childen have suffeed and ae still suffeing fom sexual violene, eonomi utilization, and enolment in militia ativities in violation of the Child Rights Convention. Thee is no segegation between adults and juveniles in the pisons. As a ROLS suvey indiates, sending hilden and young people to pison, patiulaly males, has beome ineasingly ommon as moe and moe paents delae youngstes as aasi walidayn, meaning disobedient to paents. These hilden ae geneally sent to pisons though the extalegal seuity ommittees, whih often poeed in an abitay manne on gounds of distubane of the peae The hilden s ights question must be onsideed in the soioultual ontext of Somalia in whih, taditionally, the emphasis is plaed on hilden s esponsibilities towad thei paents, families, and ommunities and not on thei fundamental ights. Ensuing the espet of these ights equies a hange in mentality that an only esult fom a multiponged stategy involving the govenment, shools, paents, hilden, and the seuity ommittees. In Somaliland, the ministe of justie has expessed inteest in woking on juvenile justie, and a numbe of oganizations ae woking on hilden s ights. In this espet, the daft of the Juvenile Justie Bill fo Somaliland is a fist step. In 2004 the DRC oganized a wokshop ( Institutionalizing Human Rights ), whih made onete eommendations fo a hilden s ights stategy (Intenational Cente fo Tansitional Justie 2006). In both Somaliland and Puntland, UNDP and UNICEF ae jointly implementing a Justie fo Childen pojet that is designed to eate a hild-enteed envionment fo hilden in onflit with the law. Land, Popety, and Justie 140. Thee is no onsistent and ompehensive legal famewok fo land and popety management, only a mix of dispositions and paties stemming fom the thee soues of law. Xee is well adapted to egulate and manage ommon popety suh as pastue, gazing land, foests, and wate. The seula law petaining to land was passed duing the Bae egime. It onsides all land govenment land, whih an be leased by individuals fo speifi uses. New laws that ae uently being developed have adopted this onept. They ae out of phase with the paties of the land maket and un the isk of being diffiult to enfoe. They ould, howeve, impove land management in tems of assigning land titles, settling land disputes, and peventing the esalation of domant land disputes (Hais et al. 1998). But even then, they ould do so only by being suffiiently equipped to follow up on the enfoement of the new land laws. The situation is ompliated by the fat that most eods wee destoyed duing the ivil wa Aoding to Islami law, land annot be the basis of a ommeial tansation, only the investments made on it. This onept of land tenue ould help settle the uban poo on pivate land with involvement of the muniipality; a measue that is being onsideed in Bossaso In Somaliland, only 10 peent of land onflits ae bought to fomal outs; the est ae solved by the muniipal land ommittee, taditional leades, o the use of violene. In Somaliland 27

46 and in Puntland, the majoity of ases ae popety o land disputes. In Somaliland some judges and lawyes estimate that as many as 85 peent of the ases they deal with elate to land disputes. Land is the main ause of the lak of publi onfidene in the legal system and in the emeging muniipal system. Loal ounils ay a lot of the blame fo this beause they tend to awad the same plot to seveal people and also beause they efuse to implement the deisions of the outs. In Puntland, daft land and planning laws, submitted to the Paliament in Febuay 2006, intend to egulate alloation of legal owneship of land, mediate land disputes, and distibute planning esponsibilities In South Cental Somalia, land management deisions ae made at the loal level, as need aises, by authoization of the ontolling goup o goveno, o ae made between ompeting loal authoities. The TFG has stated that it will engage in land efom using emaining land eods togethe with taditional dispute esolution mehanisms. The Somali tansitional hate alls fo the establishment of a Land and Popety Disputes Commission, and Paliament has aleady set up a Committee fo Reoniliation and Popety Restitution Land, housing, and popety estitution involve legal onepts and human ights. The law of estitution is a law of gains-based eovey, in ontast with the law of ompensation, whih is the law of loss-based eovey. In a postonflit situation, a poblem faed by efugees and IDPs when they etun to thei aea of oigin is the loss of land, housing, and popety duing thei displaement. In the ase of Somalia, whee displaed pesons belong to diffeent lans and whee land onflits ae often violent, land, housing, and popety estitution need to be addessed as a omponent of the peae and eoniliation poess. Restitution is most omplex in uban aeas, whee land has often been hanged sine the dispossession took plae, and many times staightfowad estoation is not possible. The estitution poess must balane the needs of individual justie (the laims of those dispossessed) with the boade needs of soial justie (the need fo housing and development) Beause of the geneal beakdown in the ule of law, the legal foundation of the estitution poess needs to be ebuilt, suggesting a shot-tem appoah (fo eation of the enabling envionment fo longe-tem stategies) and a medium- to long-tem stategy (fo legal and institutional development of estitution poesses) Suggested ations and ativities ae as follows: Povide tehnial assistane to Somali authoities to establish povisional egimes fo poviding efugees and IDP individuals o goups the ight to estitution. Lobby though the Land and Popety Disputes Commission (Atile 68 of the tansitional hate) to inlude a poess fo poviding estitution o ompensation fo land, housing, and popety in the politial agenda as a majo issue to onsolidate the peae poess. Identify the key atos involved in the estitution poess, inluding an institutional famewok at the state and fedeal level, a deentalized institution to pepae and follow ases, the definition of the most suitable juisdition fo the poedue. Define an adaptable model of the estitution poess fo the Somali ontext, inluding eviewing best paties in Kosovo (Housing and Popety Dietoate), Bosnia, and 28

47 South Afia (ommission of estitution of land ights), and eviewing the diffeent foms of estitution: (a) natual estitution estitution of the laimed pael of land; substitutional estitution estitution of a simila piee of land; ompensation in some non-land fom an owneship shae in anothe entity, entitlement to a govenment benefit, o simply ash. Develop a mass awaeness ampaign, inluding adio disussions, ommunity meetings, and newspape advetisements. Identify the key hallenges in South Cental Somalia, inluding the sope of the esettlement in tems of the appoximate numbe of displaed pesons that ould hoose to voluntaily epatiate, and majo geogaphial aeas that ae affeted. Vision fo the Rule of Law 147. The vision o desied outome fo the ule of law is fo impoved aess of all Somali people, inluding vulneable and poo men, women, and hilden, to basi stutues fo the administation of justie, funtioning in aodane with intenational human ights standads. Pioity initiatives, unde thee sub-outomes, ae pesented in box This appoah to ule of law would follow an aess to justie poliy famewok that stats with the ability of the poo and vulneable to undestand that they have a legitimate laim though the vaious stages of the legal and judiial system. Attention to the fist level of this hain would be measued using an outome-level indiato of hange in the amount and quality of infomation available to suvivos, witnesses, omplainants, and aused pesons about thei ights to assistane and aess to institutions that an esolve thei disputes. The media, espeially ommunity adios, ould play a key ole in poviding this infomation Oveall, the appoah needs to stat with an analysis of baies to justie faed by the poo and vulneable in Somalia. A poposed sub-outome of aessibility would be the ability to influene institutional suppot. The appoah aims to stimulate a numbe of innovations, inluding the following: Appoahes to institutional efoms that stat fom a bottom-up appoah, onentating on the lowe outs Geate attention to ommunity-level mehanisms, suh as infomal institutions and ollaboation between the vaious justie and seuity povides at the loal level Attention to land disputes, a majo soue of onflit 29

48 Box 2.3 Pioities fo the Rule of Law Pioity 1. Basi systems and stutues established fo the administation of justie Stategi famewoks developed to agee and implement a vision fo the delivey of justie Legal and institutional famewoks in plae to egulate the funtioning of the justie system Nomative famewok in plae to potet the ights of all itizens, inluding the disadvantaged Basi stutues, staffing, systems, and poesses in plae o stengthened to implement the vision Legal taining Weaknesses in the iminal justie hain identified and addessed (polie, poseutos, outs, pisons, and legal assistane) Land ights issues addessed though the ule of law Rehabilitation o onstution of buildings fo the ule of law Pioity 2. Aessibility of justie Baies to having aess to justie undestood and a stategy developed to enhane aess to justie Suppot fo the povision of legal awaeness and paalegal and legal sevies Patneships with nonstate povides of justie established Poposed efoms to state institutions to impove aessibility of justie identified and intodued (suh as loation of outs, mobile outs, ommuniation with itizens) Piloted, integated loal delivey of justie and seuity sevies (loal patneships of polie, eldes, and loal authoities, et.) Pioity 3. Human ights and gende equity issues A ultue of human ights developed within ule-of-law institutions Human ights institutions established o stengthened and woking in patneship with ule of-law institutions Ovesight and aountability stutues established and stengthened aoss ule-of-law and seuity institutions in all Somali egions Gende stategy developed and implemented Child ights stategy developed and implemented 150. The aess-to-justie outome highlights issues of aessibility as well as a fous on basi athe than elaboate stutues, in view of Somalia s limited state apaity and ongoing onflit in some egions. It is poposed that the ule-of-law omponents and the human ights and gende oss-utting themes be addessed though thee sub-outomes: Establishment and stengthening of the basi systems fo the administation of justie Enhaned aessibility of justie and seuity fo poo and vulneable men, women, and hilden Enhaned undestanding and investment in the pomotion and potetion of human ights in Somalia, in patiula, fundamental ights, women s ights and gende equity, and hilden s ights 30

49 Box 2.4 Stategi Appoahes to Develop the Justie System National owneship and apaity development. National owneship and leadeship ae at the heat of a development stategy, with building of loal apaity at the ente. Capaity development inludes moe than taining and oves the setting up of stutues, poesses, and inentives to ay out the main funtions of a state. Staffing issues ae less a matte of quantity than quality in Somalia, and in the nothen egions basi poesses and stutues of publi administation ae in plae and an be suppoted, inluding poliy fomulation, deision making, human esoues, and finanial management. Yea 1 should onentate on the olletion and analysis of data on the ule of law and human ights and gende equity in Somalia; pepaation fo wok plans fo yeas 2 and 3; and suppot fo the development of stategi plans and poliies fo the administation of justie and fo aess to justie with egad to human ights, gende equity, and hilden, both at the fedeal level and in the egions whee thee is a minimum level of publi authoity and stability. Seto-wide appoah and timing. A seto-wide appoah will omplement stategi planning poesses to ensue that development inteventions ae pioitized and sequened in ode to stengthen links aoss justie and seuity institutions. Fo example, stategies to impove onditions of detention in Somalia equie that attention be paid to the whole justie system the iminal justie hain. Bottom-up and po-poo pespetives. In the ontext of Somalia, these pespetives inlude paying patiula attention to the needs of, and baies faed by, women, hilden, ual and nomadi populations, minoities, efugees, and IDPs, with attention to stengthening ommunity-based delivey of justie. Regional appoahes. The pesent politial and seuity situation suggests that the pogamme should be stutued on a egional basis, inluding suppot fo the development of poliy and institutions at the fedeal level, and suppot to the vaious egions, depending on the natue of thei seuity situation and politial settlement. Reoniliation, Peae Building, and the Rule of Law 151. The following onflit-sensitive piniples ae elevant fo development of the ule of law: an analysis of whih lan o goup benefits fom an intevention; attention to stakeholdes peeptions; pefeene fo oss-lan o lan-neutal ativities, suh as nationwide pofessional bodies; pioity fo suppot to existing initiatives athe than to new pojets; espet fo the uent dynamis to avoid stangling them with exessive suppot; use of loal Somali expetise whee possible; and suppot fo tanspaent and aountable institutions. Lessons dawn fom peae and eoniliation poesses in Somalia and in othe onflit situations indiate that these poesses should be Somali-owned, patiipatoy, inlusive, top-down and bottom-up, and integated in all levels of state building The suppot of the intenational ommunity should be povided as muh upsteam, in the aea of poliy and stategy, as downsteam, by einfoing gassoots peae-building and eoniliation initiatives. The initiatives undetaken upsteam and those undetaken downsteam should be mutually einfoing. The intenational ommunity ould suppot two main types of intevention: (a) stategi and institutional suppot -of stutues esponsible fo peae building and eoniliation and (b) diet suppot to peae building and eoniliation stategies Analysis of the Somali situation and of the most elevant post-onflit expeienes suggests that the following main omplementay stategies ould benefit fom diet suppot: enouaging the inteommunity dialogue; pomote itizen patiipation in the eonstution of the state, espeially loal govenane; eating a ommunity peae initiative; suppoting loal eoniliation poesses in stategi aeas and egions; link tuth, justie, and eoniliation; and 31

50 establishing a justie system that is aompanied by eoniliation poesses, as justie and eoniliation einfoe eah othe. Indeed, impunity puts peae at isk in the long tem Although it is impotant fo the patnes of Somalia to ontinue to wok with state institutions to establish poliy and esoue famewoks and to help build institutional apaity (in patiula in South and Cental egions), geate attention must also be paid to lans, eldes, and othe ommunity mehanisms. It would be unwise to exlude mehanisms that ae in ommon use, omplementay, and widely aeptable to the loal population. They povide a minimum oe of justie and seuity to the population in aeas whee the fomal system does not Legal plualism an be addessed by suppoting the development of a onsensus aound the oles and esponsibilities of the thee main legal famewoks (ustomay, shai a, and seula). 20 Rathe than suppot of a hamonization poliy that may seek to ontol o foibly inopoate these mehanisms, the appoah needs to suppot the mehanisms benefiial ontibutions to loal seuity and justie but also egulate some of thei poblemati featues. It is advisable to stat by failitating a wide publi debate on the elationship between state stutues and nonstate systems. Thee aeas of intevention ae eommended: (a) onsensus building aound the oles and esponsibilities of vaious elements in the state and nonstate systems; (b) wok with ommunities and nonstate mehanisms; and () piloting of new appoahes to delive ommunity justie and seuity A debate on how to integate shai a into the fomal system is patiulaly needed, fo example, on the fomal shai a family outs within the state system, and on the ole of shai a outs o imams outside fomal stutues. It may be neessay to intodue minimum standads fo poedues and judgments, to ensue ompliane with fundamental piniples of justie and human ights. In Somaliland and Puntland, systemati suppot fo the judiiay is impotant, beginning with a shaed undestanding of the fomal and infomal justie systems, thei eah and sope, numbes of judges and staff, numbe and vaiety of outs, funding, and pefomane issues, inluding ase management and the quality of poedues. Couption and politial intefeene ae alleged to be poblems. The hallenges ae simila but moe fa-eahing in South Cental Somalia, whee new modalities of shai a outs have developed in eent yeas. The TFG is taking steps to eonstitute a fedeal Supeme Cout and eappoint the top of the judiial hieahy. SUBCLUSTER 2: SECURITY Disamament, Demobilization, and Reintegation (DDR) 157. Disamament, demobilization, and eintegation (DDR) ae peequisites fo basi govenane and development and equie the immediate attention of Somalis and intenational patnes. A ompehensive and oheent DDR pogamme is needed fo Somalia if futhe pogess towad peae and eovey is to be made. Suh a pogamme needs to be developed based on sound piniples, ealisti plans, and the expeiene of uent and pevious effots in Somalia and othe ounties. Expeiene shows that a DDR pogamme that is imposed will not sueed, and may eate futhe division and onflit. The suess o failue of the pogamme 32

51 will ultimately depend on the ommitment and full patiipation of all setions of Somali soiety. As pat of the boade stengthening of ommunity patiipation, the voies and views of ommunities need to be pat of DDR planning, stategy, monitoing, and evaluation poesses The TFG developed a National Seuity and Stabilization Plan (NSSP), with DDR foming pat of the seuity seto ativities. The NSSP will need to evolve to onside emeging seuity issues and needs, patiulaly egading the hallenges of newly mobilized population goups affiliated with Islami outs and othe emeging goups. A possible ole may need to be onsideed in the NSSP fo a peae suppot opeation, to assist and monito DDR of peviously ative and new militias, if negotiations lead to new DDR ommitments Pevious wok on onflit analysis identifies the key auses of onflit as ompetition fo esoues, lak of meaningful paid employment, and defene of self and family. Somalia s unique situation equies moe foused attention on the issues of ams ontol (disamament) and altenative livelihoods (eintegation). Seond, the wods integated, ompehensive, and national ae used to desibe futue DDR pogamme fo Somalia. An effetive DDR pogamme must be integated with the peae and eoniliation poess, national seuity stategy, institutional apaity-building, eonomi eonstution, and so foth. To ahieve this integated, ompehensive, and national appoah, the govenment must establish the legal authoities and ompehensive seuity seto eviews as soon as possible Reintegation in the Somali ontext must take into aount the lage-sale migation of loal populations, the widespead mobilization of militia, and the soial and eonomi disloation that has taken plae ove the past 15 to 20 yeas. In this egad, the suessful eintegation of fome ombatants, efugees, and othe displaed people within a sustainable development famewok is one of the keys to peae and seuity. Land and land tenue, wate and aess to soial infastutue, eonomi oppotunities, and assets ae among the majo elements of ontestation and onflit in Somalia today. The equitable esolution of disputes ove these esoues, in the ontext of the lage-sale eintegation pessues faing ommunities, will equie ommunity-based apaities and esoues that effetively addess these hallenges and establish a famewok fo sustainable human seuity and development DDR initiatives fo Somalia equie a lea undestanding of what militias exist, whee, and how many, and what weapon systems they maintain o have aess to. When these data ae established, moe detailed planning an take plae that addesses the diffeing needs of the vaious militias. Sustainable eintegation pogamme that inlude taining and employment oppotunities need to be identified to meet the diffeing needs of the militia, with a patiula fous on hild soldies and youth. Civil soiety apaity, patiulaly those apaities that uently exist within vaious women s goups, need to be integated and involved in the DDR poesses fom the outset The esponsible authoities must undetake a ompehensive and oheent seuity seto eview and atiulate a seuity plan fo the futue needs and development of seuity foes. Foe edution plans will need to be implemented in those ases whee demobilization has aleady been enated by inopoating militia into ovesize seuity foes. Weapons ontol will need to be addessed at both the intenational and the loal levels. 33

52 South Cental Somalia 163. Cuently an estimated 53,000 to 65,000 militia membes who ae opeating in Somalia onstitute the pinipal taget goup fo DDR pogamming. 21 The haateistis and distibution of this militia diffe makedly fom aea to aea. The haateistis of militias in Somalia that ae ommonly used in the JNA poess inlude feelane (amed youth), fations (politial walods), business (business potetion and expansion), outs (enfoement of eligious intepetations), and lans (potetion, etaliation, and expansion) Auate olletion of data to identify and disaggegate the vaious types of militia has not been undetaken as pat of the JNA poess. Disaggegating types of militia and afting diffeent DDR appoahes will be essential. Eah of these goups must be addessed individually beause one poess ould not be logially o patially applied aoss the boad. Futhemoe, detailed analysis of eah goup will identify diffeent age goups, whih must also be taken into aount in addessing altenatives, in patiula the lage peentage of young people between the ages of 16 to 24 who ae ative in militias In Somalia, the meaning of the tem demobilization may diffe in elation to the type of militia. The lan militias will pobably stay togethe, but most likely they will emain unde lan, elde, and ommunity ontol fo self-defense. The business militias may ontinue to be ohesive units but will be edieted as pivate seuity guad ompanies Yeas of militia peonditioning have built up an expetation fo jobs and inome as a ondition to disam and demobilize. This peonditioning has been einfoed beause of inadequate wok by tehnial staffs on eintegation options. How to meet o hange these expetations fo jobs in the ontext of high geneal unemployment in the eonomy is a huge hallenge faing all wokes involved in Somali DDR and peae poesses. Unemployment and the inability to sustain life ae the most itial undelying auses of militias. If thee is no meaningful employment. a DDR pogamme has little hane of being sustained in the medium to long tem. The intenational ommunity must be atively engaged and involved with the loal business ommunity to identify potential aeas of employment and subsequent eonomi gowth. Somalis have shown thei esiliene and have adapted well in an envionment of haos South Cental Somalia epesents the most immediate hallenge to a DDR pogamme. Although UNDP has initiated some pilot pojets, patiulaly within Mogadishu, the pogamme has eahed only limited numbes of militia and has been held bak by the lak of suffiient esoues, a esugene of fighting, and limited involvement of ontolling powes. Initial DDR pojets have foused on the feelane militias, with an emphasis on youth. All militia goups need to be taken into aount, and pogammes must be designed that eflet the diffeing needs of eah goup One of the majo issues faing DDR in South Cental Somalia, Mogadishu in patiula, is the pevalent use of the dug khat by the militia. Pevious expeiene has shown that a high peentage of the militia membes that undetake taining ae addited to khat. Khat addition does not allow fo a long attention span, with andidates exhibiting vey estless behavio Within South Cental Somalia the need is to taget DDR pogammes in aeas whee thee is a ommitment to establishing a moe seue envionment within and fom the ommunities. Gassoots law and ode and seuity initiatives that also begin within the time 34

53 fame of this pogamme would alleviate onens about the eemegene of new feelane militia ativity. Somaliland 170. At the end of the ivil wa, Somaliland had appoximately 50,000 ombatants, of whom 15,000 to 20,000 wee absobed into the amy, polie, pison sevie, othe seuity foes, and ivil sevie duing the offiial disamament and demobilization poess of To a onsideable extent, the authoities have managed to disam thei heavy weapons bigades, while an estimated 10,000 ex-ombatants have managed to patially eintegate themselves into soiety ove the past five yeas The Somaliland govenment is using the Wa Veteans Assoiation, SOOYAAL, as the designated epesentative of all fome ombatants, to failitate the demobilization and eintegation poess. One of thei majo onstaints to date has been the lak of esoues and apaity to suppot the poess, hene the need fo ineased intenational suppot. One of the majo estaints on the govenment s ability to fund ehabilitation, development, and soial pogammes is the fat that the budget is heavily ommitted to the funding of an ovesize seuity foe The absoption of ex-ombatants into the seuity foes has ahieved the oiginal aim of moving the militias off the steets and sustaining loal peae and stability, but in the long un this is neithe suffiient no sustainable. At pesent, moe than half of the govenment s budget goes into maintaining its seuity foes. The paastatal tehnial demobilization ageny, the National Demobilization Commission (NDC), is attempting to addess this poblem though a foe edution pojet to eintegate etiing sevie membes. This and othe pessues fo effetive and sustainable eintegation, inluding both eonomi and psyhosoial aspets, emain the geatest stategi hallenges faing ontinued DDR effots in Somaliland. The egion s uent DDR management apaity ompising SOOYAAL, the NDC, and a stong netwok of ommunity and ivil soiety oganizations, as well as UNDP is the most advaned in the ounty. The goups have gained onsideable expeiene in eent yeas, ahieving a boad undestanding of the main issues and hallenges involved and having seveal ompetent DDR manages Wheeas DDR in Somaliland is effetively ove, moe effots must be defined and appoved: downsizing of the uent foe stength, the time fame fo thei demobilization, and the suess indiatos fo thei eintegation. Thee will ontinue to be wa veteans (and thei families) whose voies need to be head and needs addessed within the logial onstaints of soial fainess and equity. Puntland 174. When the Puntland state of Somalia was fomed in July 1998, its authoities inheited an estimated 15,000 fome militia pesonnel. Ove the past fou yeas, some 6,500 of this numbe have been absobed by the seuity foes and ivil sevie, while an additional 3,000 have voluntaily demobilized and eintegated into ivilian life. To date, an estimated 6,000 ex- 35

54 ombatants emain unemployed and in need of eintegation assistane. Thee ae epots that DDR is inomplete in some pats of Puntland The govenment of Puntland eognizes that the Somali Tansitional Fedeal Chate stipulates in Atile 68 the fomation of a Speial Commission on Disamament and Demobilization to develop poliy and oodinate and manage stategies on DDR. The Puntland administation has established a Dietoate of Demining, Demobilization, and Reintegation (DDD&R) to failitate the demobilization and eintegation of loal ombatants. Although pooly esoued and undestaffed, the DDD&R is a well-managed body with the apability of developing a stong loal DDR apaity. At pesent, this apaity needs to be stengthened though taining and tehnial assistane, patiulaly with egad to ommunity oganizations. A seuity seto efom poess needs to be undetaken immediately to oetly size the seuity foes equied to ensue stability and espet fo the ule of law. Youth and Gende 176. A deade of ivil stife and soial disuption has taken its toll on Somalia s young people, almost all in the 12 to 20 age goup, who have missed out on a fomal eduation. Many of this lost geneation have been dawn into amed militia ativities and find it ineasingly had to abandon the familiaity of militia life Undestanding the diffeent effets of wa on women and men is uial in designing pogammes that will ate to both. Women ae natually involved in all aspets of ivil potetion: as the mothes, wives, and sistes (and oasionally membes) of demobilizing militias; as the widows and ophans of deeased ombatants; as soial atos whose livelihoods ae jeopadized by small-ams and militia ativity; and as itizens who should be able to atively pusue thei ights though the outs and in the publi domain. At the same time, wa widows and othe women-headed households ae among the most vulneable setos of Somali soiety Women s goups have, on thei own initiative and with limited outside suppot, been atively engaged in seveal peae-building effots in the aea of militia demobilization. Many of the militia membes of today have been aised without paents o have been abandoned beause thei family has not been able to suppot them. The intevention of the Somali women an povide that vital link bak to the impotant ole of the family. DDR pogammes must build on the knowledge and expeiene of these women s goups and atively engage with them in the pepaation and implementation of gassoots pogammes. The ole that women have taditionally played in Somali soiety is hanging, and the voie of women has in many ases beome the voie of eason and eoniliation. They ae a vital link in the ommunity and have muh to offe in assisting the development and sustainability of DDR initiatives. Ams Contol 179. The disamament of all militias is not an obtainable objetive. Weapons ae suh a pat of the ultue of the people not just within the militia, that altenative appoahes must be onsideed. Somaliland has passed legislation that pohibits the aying of weapons in the ities. Cetainly in Hageisa this has poved to be vey effetive and has ontibuted signifiantly to the dop in gun-elated violene. Lessons leaned fom the expeiene in Somaliland ould be useful 36

55 when addessing the issue in the South Cental egion s towns and ities. Weapons ontol within the towns would be a itial enty point into longe-tem ams-ontol planning, and it is possible that suh ontols ould be enated by loal authoities in oopeation with the lans on a distit-by-distit basis Of moe onen is the ontinuing availability of new weapons being bought into the ounty in spite of the UN-imposed ams embago. Although the embago has at times helped to edue the lage numbes of weapons oming into the ounty, espeially medium to heavy weapons, it has not been effetive in stemming the flow. The ams maket ontinues to flouish, and in times of onflit the maket expands. It has been noted that seveal key pesonalities ae involved in pouing weapons. In some ases, extenal authoities and thei agenies have failitated the availability of weapons. The ams embago, if it is to emain, must be effetive, abided to by all paties, and polied. Cuently this is not the ase Seveal isks have been identified in developing a sustainable DDR poess: Lage- and small-sale lan and feelane militia fighting ontinues. The militias, businesses, and individuals may hoose not to patiipate in the pogamme beause they see the militia as thei only soue of seuity, patiulaly among the smalle and disadvantaged lans and sublans. Govenment fagility will limit the ontibution of any DDR pojet to the peae-building effots. Aess to and availability of weapons and ammunition ontinues, and weapons ontol mehanisms ae absent. No oheent easefie ageement exists among militia in the South Cental aea. Reoniliation poesses have not been implemented in all aeas. Finally, extenal influenes ompete with the intenal affais of Somalia. Institution and Capaity Building 182. Although the tansitional hate authoizes a DDR ommission, it has not yet been eated. Its establishment should be a peedent fo involvement in DDR. The ommission must be appopiately staffed and esoued and must be linked to elated peae poesses. What is missing is any stutue fo eintegation planning. Eithe the sought-afte National Seuity Counil o an authoized DDR ommission will need to establish an inteministeial eintegation planning stutue that is oodinated with the intenational ommunity and inludes NGOs, the business ommunity, and ommunity sevie oganizations. The ommission would funtion within the famewok of the NSSP, inluding apaity building fo elevant ministies. A lage numbe of loal NGOs and ivil soiety oganizations thoughout the ounty epesent onsideable loal apaity that ould ontinue to engage ommunity eintegation options. TFG leadeship and ental planning stutues ae essential. But they must not ide ove existing egional and loal apaities. The ommunity-based appoah to DDR in Somalia has muh validity, espeially if integated into national DDR and seuity pogammes. The Vision fo DDR 183. The DDR poesses desibed above ould be substantially ahieved in all Somali egions by 2011, assuming no new signifiant emobilizations. Pioities fo DDR ae as follows: Somaliland. Review and estutue the seuity seto; ondut a foe edution exeise; equip and tain the emaining foe, develop eintegation pogammes fo the 37

56 demobilized; develop suppot systems fo wa widows and families; and suppot wa veteans. Puntland. Undetake a ompehensive seuity seto eview; equip and tain the seuity foe; implement eintegation pogammes fo the demobilized; and suppot wa widows and families and wa veteans. South Cental Somalia. Establish a DDR ommission within the TFG, as alled fo in the hate; ondut a ompehensive seuity seto eview; develop and implement DDR initiatives, as feasible; develop speial pogammes fo youth and hild ombatants; plan suppot systems fo wa widows and families and wa veteans. Polie and Seuity Seto Famewok Histoial Bakgound 184. The Somalia Polie Foe (SPF) was fomed by the amalgamation of the two olonial polie foes that shaed ommon poedues following Bitain s Wold Wa II management of the two teitoies fom 1942 until In the deade following independene, the SPF developed as a model polie sevie, was highly egaded, followed good demoati poliing piniples, and patied ommunity poliing, as desibed in box 2.5. Box 2.5 Pinipal Duties of the Somalia Polie Foe, Histoially Defend institutions of the state Maintain publi ode and seuity Potet the life, individual safety, and popety of itizens Ensue the fee exeise of individual ights given by law, without pejudie to the seuity of the state Enfoe laws, geneal and soial egulations, odinanes of the publi authoities, and povisions elating to eonomial and politial inteests of the state, and to pevent, investigate, and epot offenses and appehend offendes Investigate and suppess violations of finanial laws of the state and loal govenment taxation as well as ustoms and foeign exhange Pefom fontie polie duties and fisal and ueny exhange duties on the bodes of the land, in ai spae, and in the teitoial wates of the epubli Cay out any othe guad and seuity duties fo whih the law equies polie ation 185. The emegene of the militay egime of Mohamed Siad Bae healded the beginning of the end fo the SPF. The SPF was fomally eognized though the Polie Law Januay 17, 1973, but its ivilian manageial and opeational independene fom the amed foes also was eoded by the law. The egime used the law to make the SPF an ogan of the state, as a pat of the amed foes, with the pesident as the ommande in hief. The SPF was slowly degaded to the point that salaies beame too low to maintain a fai standad of living, the polie sevie was staved of esoues and logistis, and standads of euitment wee loweed, enlisting poo-quality pesonnel. Though pogessive neglet, ineffiieny and ouption began to haateize the 38

57 oganization, and the high piniples that wee peviously established wee lost. Afte the ollapse of the Somali state, vaious infomal poliing stutues evolved, linked to militias o to the vaious infomal judiial bodies (see below). Seuity Seto Famewoks 186. The seuity seto famewoks of Somaliland and Puntland eflet thei suess in maintaining peae, and the elative institutional development they have thus been able to ahieve. Fo both egions, stability was estoed following the fall of the Siad Bae egime with the stong ole played by taditional eldes. Lage numbes of militia fom waing fations wee absobed into the seuity foes, esulting in ove-sized, unde-skilled and ageing seuity foes. In both Somaliland and Puntland thee is no pension plan to etie soldies and polie pesonnel and failitate the employment of a younge geneation The seuity seto famewoks diffe fundamentally on the issue of soveeignty. Somaliland assets its independene as a distint, soveeign nation, wheeas Puntland is ommitted to be pat of a fedeated Somali nation, one the Tansitional Fedeal Institutions develop, and when nomality and seuity ae ahieved in South Cental Somalia The guiding doument fo the ule of law and seuity in TFI aeas is the National Stabilization and Seuity Plan fo Somalia whih has been appoved by the Counil of Ministes and Paliament. The eation of a National Seuity and Stabilization Plan (NSSP) plaes emphasis on speifi aeas fo the e-establishment of the ule of law (polie, judiiay and ustodial ops) as well as ineased seuity though disamament, demobilization and eintegation and the establishment of national and egional seuity ommittees. With egads to law enfoement, the Stategi Development Plan (SDP) fo the e-establishment of the Somali Polie Foe sets out a thee yea ( ) plan whih inludes isk analysis, deployment, taining and infastutue equiements A TFG Seuity Seto Review needs to take plae, and is planned fo Final poliy deisions on the TFG national seuity famewok, inluding the natue, size and funding of the seto, will be based on the Seuity Seto Review as the basis of efoming the seto, and on plans fo disamament, demobilization and eintegation (DDR). The daft National Seuity and Stabilization Plan (NSSP) of the Somali Republi has been passed by the Tansitional Fedeal Paliament but is uently unde evision as it laks suffiient detail suh as a DDR stategy, timefame, and the exat numbe of militias tageted. The NSSP also needs evision, as it was dafted befoe the events of late 2006 and ealy 2007 (phenomenon of the Islami Couts Union, ole of Ethiopian toops on behalf of the TFIs, deployment of Afian Union peaekeepes unde AMISOM) While still unde eview and evision, the NSSP epesents the best attempt by TFG/TFIs to eate a boad seuity famewok pemised on a vision of a seue development of the Somali State. It lays out a path fo the establishment of the ule of law, stengthening demoay and human ights fo all Somalis on the basis of national eoniliation, politial stability and eonomi eonstution, as enshined in the piniples of the Tansitional Fedeal Chate. The stategi vision fo the tansition peiod is to seue an enabling envionment fo peae leading to demoati eletions, national eovey and egional integation, though the supulous implementation of the ompehensive peae ageement signed in Naiobi on the adoption of the 39

58 Chate. The vision and stategies ae laudable. The hallenge lies in eating the seue, onduive envionment in whih they an ou The NSSP elies on the establishment of the National Seuity Institutions inluding the National Seuity Counil (NSC), the highest deision-making body; the Seuity Management Team (SMT); the Seuity Tehnial Woking Goup (SSTWG) and the National Seuity Foes and Institutions (Amy, Polie and Custodial Cops). These ae to be buttessed by an effetive judiial system and a espeted viable peae suppot opeation. The suessful eation and funtioning of these seuity stutues and systems will depend lagely on eating a onduive, seue and stable envionment fo ebuilding, estutuing and efoming state seuity sevies and developing demoati seuity seto ovesight mehanisms. This efom should inlude and involve all the atos, thei lealy defined oles, esponsibilities and ationswoking togethe to manage and opeate the system in a manne onsistent with demoati noms and the sound piniples of good govenane. Cuent Poliing Situation 192. The situation in the South Cental aeas diffes fom the fomal poliing aangements found in Somaliland and Puntland. In Puntland a polie foe (PLPF) has been eonstituted so that it an be amalgamated into a futue SPF, and in Somaliland, the Somaliland Polie Foe (SLPF) has been eated, efleting the noms assoiated with a polie sevie of an independent nation. In both egions, fome polie and militay pesonnel, togethe with militia, wee bought togethe to onstitute the foe. The opeating poedues and style of both the PLPF and SLPF mio those of the deativated SPF. They have eeived assistane fom UNDP In the South Cental egion of Somalia, poliing is not being undetaken by the SPF. The SPF is being eativated, but it is still not effetively opeational, and the funtion of poliing is done by a numbe of unoodinated infomal goups. They ae loyal to, and answeable to, taditional (xee) bodies, walods, fation leades, the business ommunity, the shai a outs, and othes. The infomal polie appea to be espeted by many people beause they ae the only body that an maintain some fom of seuity within ommunities Many membes of the fome SPF ae epoted to be maintaining polie stations in the pinipal aeas of population, but they ae subsevient to the infomal polie beause they lak equipment, esoues, and ommand and ontol elements Somalis peeption of the status of law and ode is pesented in Map B2 (see annex). The legend lassifies the uent status of law and ode in the espetive settlements as good, aveage, poo, and no esponse. The esponses indiate that law and ode is peeived to be poo in the southen egions of Lowe Juba, Middle Juba, Gedo, Bakool, and Bay, with pokets of poo law and ode in Lowe Shabelle, Benadi, Nugal, and nothenmost Bai. At the time of this epot, the data wee still being veified, and data fo Somaliland wee not available, at the time this epot was podued Some peliminay attempts to estoe poliing in South Cental Somalia have been made but without any substantial suess. Many deativated polie offies ae epoted to have been attending thei duty stations, but even senio offies of the SPF who have emained at thei posts 40

59 ae subsevient to the ommandes of the infomal polie. The SPF is not effetive and is having diffiulty in beoming the eognized national polie sevie The minimum numbe of polie equied fo the South Cental aeas of Somalia is estimated to be 10,000 pesonnel who ae pofessionally led, adequately equipped, and popely tained. Pesently, only 600 fomal taining spaes ae available at the new UNDP-built SPF aademy at Amo in Puntland, whih is insuffiient to meet the demand. Thee ae othe SPF failities, but they ae in aeas not eadily available to the SPF and ae in need of efubishment. It will theefoe be neessay to eate taining apaity eithe though the ehabilitation of these failities o though the establishment of tempoay failities apable of ompleting the taining of the minimum numbe of polie. Options fo Poliing 198. The futue poliing of Somalia was ompehensively addessed at a UNDP-sponsoed semina, hosted by the govenment of Uganda though the auspies of the Uganda Polie Foe (UPF), that was held in Kampala in Septembe 2005 (efeed to as the Kampala Semina). The Kampala Semina was attended by 65 senio offies fom the SPF, inluding fom Puntland and Mogadishu. Somaliland did not patiipate in the Kampala Semina. The outome of the semina was a Stategi Development Plan (SDP) fo the Reativation and Development of the Somalia Polie Foe. The plan states that the poliing of Somalia needs to be ivilian and be ommunity based, with a patiipative and onsultative appoah. As stated in the SDP, the goal is a polie foe that is pofessional, effetive, aeptable and aountable to the law, the people and the govenment a polie foe that meets the needs and expetations of the demoati nation and its ommunities An option onsideed by the Kampala Semina is to leave the infomal polie in plae while the new SPF is euited and tained. The eently qualified element would be losely aligned to this poess and be esponsible fo assisting those infomal polie who have eithe wee not seleted to the SPF o opted not to beome aee polie offies to find an altenative livelihood. The infomal polie left in plae would eeive a shot intensive ouse on thei ole and ome unde the ommand and ontol of the ommissione of polie This option uses the infomal polie to maintain law and ode while the new SPF is put in plae and helps the eoniliation poess by poviding altenatives fo fome ombatants. It also has disadvantages. A possible isk is that the infomal polie, o the leades o goups they epot to, may efuse to take pat o elinquish thei influene and ontol ove the infomal polie; the ommunity may also ejet the initiative The people uently pefoming infomal polie duties would have to be onsideed and thei futue dealt with sympathetially, with suitable andidates euited into the new SPF. To meely stand down the infomal polie would lead to many poblems, inluding the ontinuation 1 Repot of the Kampala Semina, 29 August 9 Septembe,

60 of violent onflit. Likewise, to meely eativate fome polie pesonnel without qualifiation and euitment, fom eithe those esident in Somalia o in the diaspoa, is not eommended A national o fedeal polie sevie will need to have high-level management fom an effiient and effetive headquates that elates well to national govenment and is totally aountable fom bottom to top and fom top to bottom. The standads and methods set now will detemine the quality of the SPF fo the futue. National administative and opeational plans, togethe with standads of behavio fo polie pesonnel and methods fo ensuing aountability, will be developed befoe o in paallel with the intodution of a new style of loally based poliing The Kampala Semina eommended that the SPF be eativated aea by aea though popely euited and pofessionally tained pesonnel. It was envisaged that the new polie would be euited fom thee soues: fome and existing membes of the SPF, suitable membes of the infomal polie, and men and women euited dietly fom ivilian life A omplex omponent of this poess of deommissioning loal polie is that those who seve the xee and shai a outs annot be deommissioned without affeting the pefomane of those judiial bodies. Theefoe, a systemati appoah is needed to eah ageement of all stakeholdes and detemine the funtions and espetive juisditional limits of eah of the omponents of the judiial system (xee, shai a outs, and seula outs). Stakeholdes would then agee and detemine the oesponding funtions of the polie units that would intefae with and sevie these judiial bodies. The same applies fo the oetional funtion. It may be that all oeive poliing would be pefomed by the SPF, with auxiliay polie seving the xee and shai a outs The Kampala Semina s eommended a ivilian, ommunity based foe with a patiipative and onsultative style, while taking into aount national standads and dietions. This will mean moving away fom the authoitaian and militay poliing style that emanated fom the Polie Law of The SPF needs to move towad being a polie sevie that is aountable to the law fo its opeational ativity, to the legally eleted govenment of the day to effetively delive national objetives of ensuing the safety and seuity of the people and the use of the esoues alloated to it, and to loal people fo the manne in whih it polies thei ommunity Loal needs poliing will be the foundation of the new SPF that elates to ommunity, distit, egional, and fedeal levels. Poliing has the most effet in binging about peaeful and just ommunities when it is deliveed and managed fom the lowest level of opeations. This hange fom the status quo towad a ivilian and ommunity-based style of poliing will neessitate the following: Changes in ank stutue and a less militaisti appoah to poblem solving New standad opeating poedues though the pomulgation of fesh foe standing odes A new unifom fo polie instead of the uent militay khaki 42

61 A moe sympatheti appoah to suvivos of ime, patiulaly the poo and vulneable membes of Somali soiety Bette tems and onditions fo polie pesonnel that eflet the impotane of the task they undetake High-quality pesonnel fom all lans and goups of Somali soiety Close and meaningful onsultation with all ommunities New legislation and the epeal of fome statutes, polie egulations, and othe outdated odinanes 207. The SDP eommended that a peliminay step in the polie eativation poess would be the establishment of a team of well-motivated SPF senio pesonnel as a Polie Reativation Management Team (PRMT), as follows: The PRMT poess must be expanded to inlude stakeholdes fom the infomal polie. The PRMT will epot dietly to the ommissione of polie (CP) and will be esponsible fo planning and monitoing the implementation of the Stategi Development Plan. The offie ommanding the PRMT should have the ank and status of a deputy ommissione of polie. The PRMT will assist the ommissione in his equests to govenment and the intenational ommunity fo assistane, both finanial and tehnial, to enable the eativation and modenization of poliing in Somalia. The PRMT will oodinate all ativities and ensue a onsistent appoah by setting Somalia Polie Foe (SPF) standads. Fo example, all taining and intenational assistane to taining will be deliveed in aodane with the standads set by the CP though the PRMT poess. The PRMT will advise the CP on logistis and ommuniations equiements. The PRMT will help the CP to pioitize ations and will be the engine to enable the CP to implement the SDP. The PRMT will be staffed by SPF pesonnel who ae well eduated both in the aademi and pofessional senses and who ae ommitted to the piniples outlined in the SDP. Vision and Pioities fo Polie 208. The vision is to have thoughout Somalia an effetive and aountable ivilian polie sevie foused on loal needs poliing, within an oveall national o fedeal seuity famewok, with the full involvement and oopeation of ivil soiety. Duing the peiod, an integated polie foe should be established, with the possibility of absobing (with pope 43

62 vetting, qualifiation, euitment, and taining) elements fom the infomal polie into the state polie; and the possibility of maintaining some infomal polie units, mobilized unde the ivilian ommand and ontol of the polie of the state, pefoming speifi, delegated funtions as pat of an integated famewok fo poliing. The famewok fo poliing will need to be linked to disussions and development of the oveall onstitutional famewok fo Somali institutions, as it develops ove the next two and a half yeas ( ), unde the tems of the tansitional hate The following ae the poliing pioities ove the peiod : Sustain the established polie foes in Somaliland and Puntland. Continue apaity building of the Somaliland and Puntland polie foes to ensue that they ae given the appopiate knowledge, skills, and tehniques in ode to ay out thei funtions in the ommunity in a pofessional and fai manne. Reuit and tain membes fo the SPF fom the South Cental aeas, with a uent equiement to establish a foe of up to 10,000 pesonnel. Povide apaity-building suppot to the designated esponsible line ministy o ministies within the TFG. Develop and implement plans fo the involvement, integation, and eoganization of the infomal polie, Establish and suppot a Polie Reativation Management Team (PRMT). Reequip the polie foe and povide new unifoms. Povide ommand and leadeship taining fo the ommand element and ensue that systems ae in plae fo the ontinued development of pofessional polie offies. Mine Ation 210. The poblem of land mines in Somalia eflets 30 yeas of onflit. In addition to land mines, lage amounts of unexploded odnane exist ountywide, and the stoed and stokpiled odnane and explosives, if not ontolled, ould be used fo lethal unlawful means The soioeonomi impat of land mines and UXO is appaent in almost evey aspet of Somali soiety, affeting physial seuity. Landmine impat suveys (LISs) have been onduted in Somaliland (LIS Phase 1) and Puntland (LIS Phase 2), with most affeted aeas being oveed; howeve, the ontested egions of Sool, Sanaag, and pats of Togdhee wee not inluded at the time. Funding is available and planning is unde way to omplete these outstanding aeas in 2006 as Phase 3 of the LIS in the nothen aeas of Somalia. No suveys have yet been undetaken in South Cental Somalia Suessful mine ation ativities have been onduted in notheast Somalia (Somaliland) and nothwest Somalia (Puntland), leading to sustainable mine ation oodination stutues in both aeas. Although the seuity situation emains unstable in the south and ental aeas of Somalia ealie leaane ativities wee onduted duing the UN opeations in Somalia 44

63 (UNOSOM) peiod, and limited ativities have been onduted in loal apaities sine that time. Reent pepaatoy dialogue in South Cental Somalia has taken plae to ensue that mine ation elated hallenges ould be addessed in affeted ommunities within the oming yeas as peae and seuity take hold UNDP uently suppots two Mine Ation Centes, in Somaliland and Puntland, plus seven explosive odnane disposal (EOD) teams that ae deployed by the individual polie foes of Somaliland (five teams) and Puntland (one team), and one independent EOD team opeating in the aea of Jowha, South Cental Somalia. Two intenational NGOs ae still ative in Somaliland: the HALO Tust and the Danish Demining Goup To suppot the suessful signing of the Deed of Commitment to the Geneva Call fo Adheene to a Total Ban on Antipesonnel Mines and fo Coopeation in Mine Ation by some of the leades and walods fom those aeas, Geneva Call onduted a mission to Puntland and South Cental Somalia (Hiaan, Bay, and Bakool egions) in Septembe Land mines identified by the mission ae a mixtue of blast and fagmentation mines and AT mines manufatued in the fome Soviet Union, Easten and Westen Euopean ounties, Egypt, and Pakistan. UXOs ange fom atilley, tank, and mota ounds to oket-popelled, ifle, and hand genades. The danges of UXO ae pesistent thoughout the ounty and pesent a highe immediate isk to the population. Although no speifi mention was made of impovised explosive devies (IEDs) duing the Geneva Call mission, it was noted that explosives have been emoved fom land mines and ammunition and sold o used illegally Thee is little evidene of sustainable mine isk eduation (MRE) o suvivo assistane ativities in most aeas of Somalia, although Handiap Intenational has been oopeating with UNICEF on MRE ativities in Somaliland. Map J3 in the annex pesents findings of this JNA on awaeness of mines and unexploded odnane. A eent suvey of loal ommunities suggests that the publi has a good awaeness of the danges of mines and UXO, as evidened by the edution in the numbe of ivilian asualties ove the past few yeas. Howeve, thee is a need fo futhe ommunity awaeness ativities that ae foused on emoving the hazads of UXO and stoed o stokpiled mines and munitions. Mine suvivo ativities will need to be inopoated into the boade effots to impove the health infastutue and suppot sevies, patiulaly in egad to wa veteans and thei families. The engagement of ivil soiety is appopiate in suppot of these ativities Within a mine-affeted ommunity, men, women, boys, and gils often have distint oles and esponsibilities. Consequently, thei exposue to, and knowledge of, possible theats fom land mines and explosive emnants of wa (ERW) will diffe. Duing landmine impat suveys and othe mine ation poesses, input is sought fom individuals epesenting the diffeent gende and age goups in eah affeted ommunity. Meetings of women fom affeted ommunities will be onsulted when developing and planning MRE and awaeness-aising pogammes and ativities. Loal women s NGOs have been patiulaly suessful in Somalia, and thei expetise, expeiene, and knowledge must be inopoated into mine ation plans within the affeted ommunities. Positions within the mine ation envionment should be equally available to women when they meet the same seletion iteia. Reuitment poliies fo mine leaane and EOD teams need to take into aount all potential voluntee andidates. In taking these issues into aount, mine ation plannes should be guided by the UN Mine Ation Sevie Gende Guidelines fo Mine Ation Pogammes (2005). 45

64 Somaliland 217. In Somaliland mine ation is oganized unde the offie of the vie pesident. Somaliland has established an inteministeial ommittee with eight patiipating ministies; Resettlement, Rehabilitation, and Reonstution; Planning; Defense; Health; Eduation; Inteio; Foeign Affais; and Infomation. The national oodination body is the Somaliland Mine Ation Cente (SMAC), whih is suppoted by UNDP. The SMAC oodinates mine ation on behalf of the Somaliland authoities and is unde the offie of the vie pesident. The SMAC oganizes monthly mine ation oodination meetings at whih all aspets of mine ation oodination ae disussed. In addition, an MRE woking goup has been established to oodinate mine isk eduation in Somaliland. Two intenational demining agenies (Danish Demining Goup and HALO Tust), one intenational MRE ageny woking in oopeation with UNICEF, and a national polie EOD apaity Somaliland has developed a national poliy on mine ation. A stategi plan was developed in the latte half of 2003 when the esults of the LIS wee made available. The plan is in line with the national development plan dafted in 2003 and lealy lays out the stutue fo mine ation, inluding a mine ation ommission, a boad of donos, and implementing patnes Somaliland does not uently have its own mine leaane apaity. Although a majoity of the mine leaane wok in affeted aeas has been ompleted (inluding those ativities aied out by ommeial ontatos in the 1990s), Somaliland needs to develop its own leaane apaity to deal with any esidual land mines. This is onsistent with simila pogammes in othe mine-affeted ounties. The SMAC has poved to be an effetive oodination mehanism, and as an institution of the govenment, the ente should ontinue to be appopiately suppoted by the govenment, with assistane fom the intenational ommunity, fo at least the next thee yeas. At pesent, the SMAC is funded by dono ontibutions to meet staff esoues and opeational osts, and this suppot will need to ontinue into the immediate futue with a view to the SMAC being fully govenment suppoted by The pioities fo mine ation in Somaliland fo the peiod ae to do the following: Redue the numbe of aidents and inidents fom mines and UXOs. Sustain and ontinue the apaity building of the SMAC. Continue the pofessional and tehnial taining of the established polie EOD teams. Develop a pofessional tehnial apaity to deal with IED. Develop a mine leaane apaity to deal with any esidual land mine poblems. Stengthen ommunity elations though pogammed MRE and UXO awaeness ativities. Stengthen and suppot advoay of the Deed of Commitment, and the Ottawa Teaty. Clea the high-impat aeas identified by the LIS by

65 Ceate an envionment fee fom the effets and isks assoiated with land mines and UXO. Puntland 221. Until late summe 2003, Puntland had no funtioning Mine Ation Coodination Cente. Sine then mine ation has been aepted as a esponsibility of the Puntland govenment, and as suh, mine ation is embedded as a dietoate within the Ministies of Inteio, Seuity, and DDR. The Puntland Mine Ation Cente (PMAC) was established by pesidential deee in 2003 (No. 79, July 13, 2003). Duing the latte half of 2003, UNDP, funded by the Euopean Commission, began to establish and build the apaity of the PMAC; this apaity- building phase was ompleted in The PMAC ats as a oodinating ageny, with a Somali national offie appointed as the PMAC manage. With funding fom Canada ove a sustained peiod, the PMAC has developed into an effiient, effetive mine ation oodination body. A poposal fo the establishment of an inte-ministeial ommittee fo mine ation has been submitted to the Puntland govenment fo onsideation and implementation. A memoandum of undestanding MOU on mine ation apaity-building, between the Puntland state of Somalia and UNDP Mine Ation, has also been submitted to the govenment fo appoval The PMAC implemented the LIS Phase 2 in patneship with Suvey Ation Cente. A stategi planning wokshop, simila to the one un in Somaliland, was onduted and at the end of 2005 a stategi plan had been fomulated. The esults of the LIS in Puntland show that the poblem is limited to a onfined aea in the southen and westen aeas of Nugaal and Mudug. It is estimated that two to thee yeas of oneted ation will ende Bai, Nugaal, and Mudug fee fom the effets of mines and UXO Polie EOD teams have also been established within the Puntland Polie Foe and ae oodinated by the PMAC in ollaboation with the polie ommand stutue. A LIS Phase 3 has been funded to omplete the suvey of those aeas that ould not be aessed fo seuity easons duing the LIS Phase 2. The LIS data povide the pimay tool fo identifying and pioitizing leaane ativities. The polie EOD teams have been suessful in leaing UXO fom affeted ommunities; howeve, moe onsistent intenational tehnial advie and ovesight ae needed to ensue that the EOD teams beome moe pofessional and effiient No intenational mine ation NGOs ae ative in Puntland, and the state has no uent leaane apaity. Howeve, it is planned in 2006 to selet, tain, and establish a mine leaane apaity within the engineeing omponent of the Puntland Daawish foe. This foe will be tained and employed in a manne simila to the state leaane apaities uently in existene in Lebanon and Yemen. Handiap Intenational is also developing a mine isk eduation stategy to addess the issues of mines and UXO in the aea The pioities fo mine ation in Puntland fo the peiod ae to do the following: Redue the numbe of aidents and inidents fom mines and UXO. Sustain and ontinue the apaity building of the PMAC. Continue the pofessional and tehnial taining of the established polie EOD teams. 47

66 Develop a mine leaane apaity to deal with high-pioity mine-affeted aeas identified by the LIS and any esidual land mine poblems. Develop a pofessional tehnial apaity to deal IEDs Stengthen ommunity elations though pogammed MRE and UXO awaeness ativities. Stengthen and suppot advoay of the Deed of Commitment and the Ottawa Teaty. Clea the high-impat aeas identified by the LIS by Ceate an envionment fee fom the effets and isks assoiated with land mines and UXO. South Cental Somalia 226. Mine ation in South Cental Somalia is almost nonexistent. Some loal NGOs have a limited apaity, patiulaly in the Banaadi egion (Mogadishu has a loal NGO, SOMAC, whih onsists mainly of ex-somali amy enginees). A polie EOD team was tained and established in Jowha in suppot of the administation authoity thee; howeve, ommand and ontol issues have limited tehnial ovesight and monitoing. They uently opeate independently poviding suppot to the Middle Shabelle administation LIS ativities have not been aied out in South Cental Somalia and need to be planned and implemented fo those aeas identified as being affeted by land mines. Duing the JNA peliminay wokshop in Jowha in Deembe 2005, the goveno of Hiaan egion identified land mines as one of the egion s pioity issues. LIS will identify pioity aeas fo leaane and will help develop a leaane plan fo the South Cental egions. Land mine poblems had also peviously been identified in the Middle Juba egion (see Request fo Suppot fom Juba National Foundation Ageny, dated Otobe 1, 2004) LIS ativities must be planned ove the next thee yeas to ove those egions and distits identified as being mine-affeted. Not all egions of South Cental Somalia ae affeted, and esoues must be dieted to the pioity aeas. Those aeas ae identified by the numbes of suvivos in the past two yeas, blokages to seuity, blokages to food and wate availability, and blokages to loal infastutue and eonomi development at the ommunity level. This peliminay assessment must be based on pioity aeas identified by the TFG in onsultation and oodination with the distit and egional authoities Although land mines pesent a isk to the population in the South Cental egions, epoted inidents have been delining ove eent yeas as people beome moe awae of dangeous aeas and avoid them. Of moe immediate onen is the pevalene of the UXO and stay ammunition that litte the ontested aeas, patiulaly in the towns and ities, with Mogadishu being the most affeted ity. Aess to explosive mateials that have been eoveed (in whole o pat) fom mines and ammunition is also a onen, as these an be eadily used in the manufatue of impovised explosive devies (teoist bombs). 48

67 230. Given the diet and indiet impats of UXO and ERW, inluding stoed and stokpiled ammunition, it is itial that EOD teams be seleted, tained, and deployed to deal with this situation. Following fom the suessful establishment of EOD teams within the Somaliland and Puntland polie foes, it is stongly eommended that a simila appoah be taken to develop the EOD apaity in South Cental Somalia. Plans ae in plae fo 2006 to selet, tain, and deploy thee polie EOD teams, with the final deployment loations to be deided in oodination with the seuity and ehabilitation needs of affeted ommunities. Likely aeas fo deployment of these initial teams ae Mogadishu and Baidoa. It is estimated that an additional 11 polie EOD teams will need to be tained and deployed within eah of the egional main entes, fou additional teams fo Banaadi (Mogadishu), and one team eah fo Galgudud, Hiaan, Bakool, Bay, Lowe Shabelle, Middle Shabelle (the team is aleady established but needs to eativated), Middle Juba, and Lowe Juba Although the polie EOD teams will be unde the ommand of the established polie authoity in eah egion o distit, thei opeational ativities will need to be oodinated though a egional Mine Ation Coodination Cente (MACC) o the Fedeal Mine Ation Coodination Cente (FMAC). It will not be feasible o ost-effetive to establish MACCs in evey egion; howeve, those egions identified with high-pioity mine and UXO impats will equie suh a apaity. Regional MACCs will need to be established to ove the following egions: Banaadi (Mogadishu), Bay (Baidoa), Hiaan (Belet Weyn), Middle Juba (Bu uale), Lowe Juba (Kismayo), Middle Shabelle (Jowha), and Lowe Shabelle (Mea). The FMAC should ideally be loated lose to the seat of the fedeal govenment Given the onstantly hanging seuity situation in the field, it is not viable to onside the use of intenational mine leaane NGOs o ommeial ompanies fo leaane opeations, as was the ase in Somaliland. It would be moe patial to tain and develop leaane apaities fom within the egional authoities seuity foes. Suh a leaane apaity ould be developed within a national defense foe as is being planned fo Somaliland and Puntland, although this foe may take some time to aise and tain. Altenatively, a leaane apaity ould be established within the seuity foes of the affeted egions. This appoah would edue logistial and ommand-and-ontol poblems and give the egional o distit administation esponsibility fo leaing those aeas. The taining, tehnial ovesight, and monitoing of leaane apaities will need to be povided though intenational assistane, while the oveall oodination of the mine ation effot may be aied out by a ental ageny (FMAC). The UNDP-suppoted Mine Ation Plan suppots this onept and is woking towad the development of a fedeal ageny, along with egional MACCs in affeted aeas, in the oming thee yeas One of the geatest isks to lasting seuity is the eady availability of mines and munitions that ae stoed thoughout the aea, in some ases inside houses within towns and villages. The field visit onduted by the Geneva Call team in 2004 identified seveal instanes of mines and ammunition stoed in unsafe and unstable onditions, with some items of ammunition showing signs of sevee deteioation. In addition to dealing with UXO, the EOD teams, with tehnial assistane, will need to be pepaed to ondut safe emoval, etieval, and disposal opeations to alleviate this theat. One senio membe of the TFG has aleady delaed a stokpile of mines and ammunition fo disposal. It is essential that suh oppotunities be ated upon quikly. Two yeas have passed sine the above-mentioned stokpile was delaed, and as of ealy 2006 no substantive ation had been taken to povide the equied funding and tehnial 49

68 assistane to destoy those items. Funding will need to be identified to speifially suppot stokpile destution tasks, and the EOD teams apaity to ondut disposal opeations must be developed so that stoks will be destoyed as soon as possible afte they have been delaed and suendeed The loation and destution of IEDs is not speifially onsideed a omponent of mine ation in uent thinking; howeve, thee is a need to onside the wide impliations of ERW elated to IEDs in the Somali ontext. Speialized apaities to deal with the potential IED theat will need to be tained and established within key towns and ities: Mogadishu, Baidoa, Jowha, Kismayo, and Mea. IED teams should ideally be seleted fom the polie foe; howeve, they may need to be dawn fom the seuity foes one these ae established. The use of explosives detetion dogs must also be onsideed as a itial asset in the inventoy to loate explosives and explosive devies befoe they an be used to do ham. High-isk seah teams should also be established in onjuntion with the development of apaities to deal with IEDs. It is estimated that a minimum of two high-isk seah teams will be equied. The development of apaities to deal with the theat of IEDs is moe a seuity onen; howeve, this issue is inluded hee in the mine ation subluste beause the skills, equipment, poedues, oodination, and inident management equied ae losely linked to the pesene and availability of explosives fom mines, UXOs, and othe ERW. Lessons being leaned fom the Iaq and Afghanistan expeienes highlight the need to find and neutalize munitions and explosive supplies to minimize the theat of IEDs With the fomation of the TFG, the ministe of the inteio (also deputy pime ministe) was appointed as the TFG line ministy esponsible fo mine ation. To date, the ministe has patiipated in meetings and onfeenes at the intenational level egading mine ation, and he is one of the signatoies of the Geneva Call Deed of Commitment. To the extent possible within the uent politial and seuity limate, the ministe has atively pomoted engagement in mine ation as one of the pogammes that must ontibute to the oveall seuity and development envionment. It is neessay to establish diet links with the line ministy when developing speifi mine ation ativities in the South Cental aeas. The TFG should be guided towad establishing an inteministeial ommittee that involves those key ministies with diet links to seuity, ehabilitation, and development onens The impotane of mine isk eduation annot be undestated. As has been shown in othe mine-affeted ounties, awaeness ampaigns ae a itial tool with whih to involve the ommunity and edue the theat of death and injuy aused by land mines and UXO. The establishment of ommunity awaeness and liaison teams in Kosovo, southen Lebanon, and elsewhee has poved to be vey effetive. The involvement, suppot, and development of ivil soiety and of those loal NGOs aleady ative in this aea within the South Cental aeas would be a key asset in the establishment of a moe seue envionment. Community awaeness and liaison teams should be oodinated with the egional and distit MACCs and the polie EOD apaity Little is known about suvivo assistane ativities in South Cental Somalia. Health failities and aess to long-tem ae and ehabilitation ae almost nonexistent. Mine suvivos ae not speifially identified as a vulneable goup and ae moe likely to be onsideed within the ontext of all wa- o fighting-elated injuies. Suppot to land mine suvivos must be onsideed in the wide ontext of the ehabilitation and development of the publi health seto. 50

69 Immediate pioity should be given to the ehabilitation of emegeny medial and sugial failities The pioities fo mine ation in South Cental Somalia fo ae the following: Redue the numbe of aidents and inidents fom mines and UXO. Selet, tain, and deploy thee polie EOD teams in 2006 and an additional 11 EOD teams afte Condut Landmine Impat Suveys on identified mine-affeted ommunities. Develop a mine-leaane apaity to deal with high-pioity mine-affeted aeas identified by the TFG, in onsultation and oodination with distit and egional authoities. Clea the high-impat aeas identified by the LIS by Develop pofessional tehnial apaities to deal with the loation, etieval, and safe disposal of IED and mateials used in thei manufatue in oodination with, and as a pat of, seuity seto efom initiatives. Stengthen ommunity elations and awaeness though pogammed MRE and UXO ativities, inluding establishing ommunity awaeness and liaison teams in onsultation with the ivil soiety. Stengthen and suppot advoay of the Deed of Commitment and the Ottawa Teaty. Rehabilitate emegeny medial and sugial failities to espond to mine, UXO, ERW, and IED inidents and aidents The vision fo mine ation by 2011 fo all Somali egions is that mines and unexploded odnane be substantially leaed, with suvivos assistane pogammes established and national apaities fo mine isk eduation and leaane opeational. SUBCLUSTER 3: GOVERNMENT, PUBLIC ADMINISTRATION, AND ACCOUNTABILITY 240. Yeas of ditatoship and politial mismanagement have eated deep-seated fea and distust of govenment among Somalis and have geneated a geneal peeption of a ental govenment as an oppessive and pedatoy instument exeting its powe fo the benefit of a minoity elite and a favoed lan. 22 This impedes the development of politial legitimay, a fundamental equiement of the state. The past deade has also seen the adial loalization of Somali politis, haateized by entifugal lan-based fagmentation of the soiety, whih lowes the loi of tust to the ommunity o village level, and by the esugene of a mosai of fluid, highly loalized polities, involving authoities as divese as lan eldes, pofessionals, militia leades, businessmen, Muslim leis, Islami fundamentalists and women s 51

70 assoiations. 23 This phenomenon has plaed the eal ente of govenane at the loal level and sevie delivey systems in the hands of the pivate seto. Though this phenomenon pesents inteesting oppotunities, the eality of many undeseved population goups indiates a need fo a stonge govenment ole in sevie delivey, patiulaly to mobilize loal esoues and manage national esoues fo loally povided publi sevies To oveome these hallenges, state-building effots will have to fous on quikly building the legitimay and edibility of Somali institutions. Legitimay will develop though the onstitutional poess and also though the suppot given to paliaments and the holding of demoati eletions. Cedibility will be the esult of onete ahievements in the aeas of peae, seuity, and sevie delivey. Somalis ae likely to judge thei govenments by ations and esults. Stategi and onsistent steps by govenment leades will be equied to addess the skeptiism of some goups and win the onfidene of the population by demonstating edibility, impatiality, and aountability of the top leadeship. The eation of a edible, impatial, and aountable ivil sevie, and of a lean and effiient ental govenment, will also pomote edibility in govenment. Finally, these effots will need to build on the existing assets of loal govenane and sevie delivey as existing instuments of good govenane fo development The oe piniples of good govenane must be pesent even in small pojets, to begin to eate politial edibility and ensue that vey sae esoues ae used fo the development of peae and pospeity. These piniples ae tanspaeny and aountability in politial, eonomi, and finanial management; and patiipation, inluding inlusion and equity, in aess and oppotunity to soial investment. The establishment of govenment s aountability to the people is one of the key omponents of eating and maintaining legitimay. Constitutional Poess 243. As equied by the Tansitional Fedeal Chate, the TFG is embaking on the dafting of a new onstitution fo Somalia. This poess eates an oppotunity to build a national vision fo the futue of Somalia. Aoding to the hate, the fedeal onstitution must be dafted within two and a half yeas of the fomation of a Fedeal Constitutional Commission (FCC), and is to be adopted by popula efeendum duing the final yeas of the tansition peiod. The Tansitional Fedeal Chate does not pesibe a stategy fo the dafting of the onstitution. It is up to Paliament to agee on the onstitution-making poess. Thus fa a Ministe and the Paliamentay Committee fo Constitutional Affais have been designated. Commissiones have been appointed and have taken up thei funtions, as the Independent Fedeal Constitutional Commission. The IFCC will be independent and esponsible fo managing the onstitutionmaking poess and poduing the daft onstitution; the ministe fo onstitutional affais and the paliamentay ommittee have ovesight funtions The poess of onstitution dafting an povide onsideable oppotunities fo eoniliation. It an suppot basi ivi eduation of the population and begin a soietal dialogue to foge a new onsensus vision fo the futue of the state. Nevetheless, the poess faes onsideable isks. Failue o exaebation of onflits is possible if the poess is not undetaken in an inlusive manne. Constitution dafting will equie innovative and Somaliaspeifi solutions to a numbe of highly ontentious issues. These inlude deentalized vesus 52

71 fedeal stutues fo the Somali ontext, the futue ole of taditional govenane stutues, eletoal models appopiate to suh a onflit-pone envionment, judiial and legal stutues addessing the oles of ustomay and shai a law, itizenship ights in the futue states, and solutions to ontested land issues. Thee is also popula distust. A majoity of the population have gown up with no expeiene of state govenane The vision is fo a new onstitution fo a fedeal Somalia that is pepaed and dafted in an inlusive manne, involving patiipation by all goups of the population, and adopted though popula efeendum, setting the gound fo the evival of a legitimate fedeal Somali state The following ae pioity inteventions fo the onstitutional poess: the establishment of the FCC and elevant subommittees and appointment of its membes; development of inteim measues fo opeation of the Tansitional Fedeal Govenment duing the tansition peiod, patiulaly egading fisal deentalization, seuity, and the ivil sevie (task foes an develop appopiate eommendations fo adoption by the TFG); detemination by Paliament (o the IFCC, if it has been delegated the authoity) on the onstitution-making poess, ensuing that it is inlusive and patiipatoy and eflets the views of all population goups; launhing by the FCC of a wide ivi eduation ampaign (thee yeas), with ivil soiety as a key patne (a post-onstitution national ivi eduation pogamme should also be implemented); and a boad onsultative poess (nine months) and national debate on key issues. One the onsultation poess has been undetaken, a daft onstitution will be pepaed. A validation exeise should be undetaken befoe the daft is submitted fo a popula efeendum The above-mentioned aeas of intevention equie the following ations: Povide the Ministy fo Constitutional Affais with oe staff, taining, pemises, and equipment. Suppot the Independent Fedeal Constitutional Commission and subommittees, inluding staff, taining, pemises, and equipment. Suppot the TFP fo its ole in the onstitutional poess. Establish task foes to addess TFG mattes. Suppot ivi eduation on onstitutional issues, povided by a wide ange of NGOs. Condut a publi infomation ampaign, oveseen by the IFCC. Assign subommittees to daft the onstitutional text, oveseen by the IFCC. Establish a epesentative validation meeting to debate and efine the daft. Paliament, Demoati Poesses, and Eletions Paliament 248. The Tansitional Fedeal Paliament (TFP) has 275 membes, who ae hosen by the fou majo lans (eah of whih has seleted 61 membes) and a onsotium of smalle lans (whih 53

72 has designated 31 membes). Atile 29 of the hate stipulates that 12 peent of the membes of Paliament should be women, but that quota has not been met; only 8 peent of seats in Paliament ae held by women (21 women membes of a minimum quota of 33). The TFP is uniameal and will have a life of five yeas. A dispute between fations esulted in the Mogadishu-Jowha split, whih has affeted the development of ommittee stutues; howeve, with the subsequent Aden Delaation and eonvening in Baidoa, ommittee stutues have been ageed to, with 14 ommittees balaned fo lan inteests. The ommittees ae not funtioning fully owing to a lak of failities, staff, and expeiene of most membes. At the time of the JNA fieldwok, 16 staff membes wee seving the TFP, of whih only 6 wee pofessional staff. Vey little infastutue is available, and no pope ommuniations. Many of the funtions of ministies, and even of othe banhes of govenment, depend on the enatment of legislation fo the new govenment, making apaity building fo the TFP a top pioity. As of May 2006, no bills had been pesented to Paliament The TFP has eeived suppot fo basi ehabilitation of an old waehouse that is of suffiient size to be tempoay pemises. Paliamentaians eeive stipends; howeve, tehnial assistane has not been suffiient fo ommittees and fo dafting some of the basi famewok legislation. Some oientation wokshops have been onduted, patiulaly by intenational NGOs; howeve, a ompehensive apaity building pogamme is needed Somaliland has a biameal Paliament, with an uppe house of eldes (Guuti) not subjet to eletion, and an eleted lowe house. Puntland has a state Paliament The paliaments of Somaliland and Puntland have not eeived suffiient systemati suppot to develop apaities, eithe fo thei epesentation and onstitueny funtions, o fo law-making o ovesight funtions. The two paliaments and the TFP all equie apaitybuilding in the following aeas: (a) definition of oles and funtions as epesentatives of thei onstituenies, and on piniples of good govenane; (b) suppot fo ommittees, espeially those with ovesight funtions; () staff and tehnial assistane fo pioity setoal issues, suh as seuity seto, publi finanial management, loal govenane, and sevie delivey; and (d) staff and tehnial assistane fo legal dafting. Demoati Poesses and Eletions 252. Eletions emain an essential instument fo building the legitimay of national institutions. In the Somali ontext, the lan-based system fo seleting epesentatives fo assemblies and loal ounils has poved a poweful tool to foste peae and build a national onsensus. Howeve, the suessful Somaliland expeiene of tansition to a popula vote and a multipaty system demonstates the value of demoatization A key hallenge in all egions is the need to ondut national ensuses and vote egistation. This poess has the potential to inflame egional onflits, espeially in aeas with ontested bodes. Any poess that identifies and lassifies Somalis by egion must be handled with aution and make signifiant up-font investment in dialogue fo the poess to be aeptable to all paties. The TFG uently has no apaity to undetake the equied ensus poess. The independent eletoal ommission has not been appointed, and no legal famewoks have been devised. Consideable suppot will be needed to build the apaity of the TFG in this egad. 54

73 254. The shift fom a lan-based system to a multipaty system must be implemented with aution, and lan dynamis need to be aefully onsideed to pevent lan identity fom being the basis of paty stutue. Gende and human ights issues must also be addessed in legal famewoks and pomoted duing eletoal poesses. Somalis have vey little expeiene of eletoal poesses. Compehensive ivi and vote eduation ampaigns will be needed to aise awaeness and will equie the ative involvement of ivil soiety Repesentation of women is a signifiant hallenge in all pats of Somalia. Without affimative ation, it is not likely that women will be epesented in aodane with thei numbes o needs. In addition, both women and men equie oientation to oveome the histoi lak of patiipation of women in politial issues. Capaity building is needed to empowe women to patiipate in meetings, to allow them to be onsideed in eoniliation and ommunity-based poesses to eate loal govenment, and to make women pat of the expansion of soial sevie delivey. Tansitional Fedeal Institutions 256. Aoding to the Tansitional Fedeal Chate, the daft fedeal onstitution will be submitted to a national efeendum. In addition, simultaneous with the onstitution-dafting poess, a national ensus is to be onduted and an independent eletoal ommission fomed. The TFIs uently have no apaity to undetake this poess and ae only stating to onside its needs and pioities. An independent eletoal ommission has not been appointed yet, and no legal famewoks have been devised. Consideable suppot will theefoe be needed to build the apaity of the TFIs fo demoati eletions Somalis have vey little expeiene with eletoal poesses. Compehensive ivi and vote eduation ampaigns will need to take plae to aise the awaeness of the population on the poess and on voting ights. The ative involvement of ivil soiety oganizations will be needed to suppot the poess. Puntland 258. Puntland has ahieved a level of stability that has allowed fo the development of funtioning administations and onstitutional famewoks, enabling it to pusue demoati poesses. Until now, eletions have not been oganized in Puntland, and the authoities ae still stuggling to omplete the seletion poess of the loal ounils. Nevetheless, eletions ae planned fo the atifiation of the state onstitution that has been dafted, and fo Paliament, in Puntland authoities have yet to establish an independent eletoal ommission to ovesee the oganization of the eletions. In addition, disussions will need to take plae on the question of the futue of suh a ommission in the ontext of a fedeal Somalia. Vote egistation and ivi eduation ampaigns will also have to be oganized to pepae fo the eletions. The move towad a multipaty system is envisaged, and a thee-paty system is uently onsideed that follows Somaliland s model to a geat extent. 55

74 Somaliland 260. Somaliland has a fa moe developed demoati and eletoal system, and theefoe has the oppotunity to stengthen its eletoal apaities and to ontinue to lead by example. The legitimay of eleted authoities (the pesident and the membes of Paliament have all been populaly eleted) as well as demoati institutions, suh as the Somaliland eletoal ommission, has been einfoed, and people in Somaliland ae moe awae of thei ights. Seveal eletoal poesses have been onduted. The Somaliland onstitution was atified by popula vote in 2001, whih intodued univesal suffage and a estited fom of a multipaty system. 24 Loal eletions took plae in 2002, and paty-based loal ounils wee fomed. Pesidential eletions followed in 2003, and in Septembe 2005 paliamentay eletions wee oganized. These wee onsideed by obseves to be a suessful poess, making aguably the most impotant step in establishing a onstitutionally-based, demoati govenmental system in Somaliland, [...espeially as] they established politial paties as an altenative fom of politial assoiation to the lan. 25 The next eletions will take plae in (loal and pesidential) and 2010 (paliamentay) Following the Septembe 2005 paliamentay eletions, Somaliland ivil soiety, in ollaboation with the eletoal ommission, held a seies of wokshops thoughout Somaliland to eflet on the eletion, identify its stengths and weaknesses, and define pioities fo stengthening futue eletoal poesses. The main needs and pioities identified wee to stengthen the apaity of the eletoal ommission, establish a vote egistation system, eview the existing legislation to eliminate flaws, and stengthen the ole of the ivil soiety and the pesene of women in the eletoal poess. Vision and Pioities fo Demoatization and Eletoal Poesses 262. The vision o desied outome is two-ponged: to suppot eletoal poesses equied by the diffeent onstitutions and hates, and to pogessively build the Somali apaity to move fom a lan-based system towad a multipaty demoati system, as povided fo by the diffeent hates and onstitutions, with inlusion of all goups suh as youth, women, and minoities Pioities fo the Tansitional Fedeal Institutions ae as follows: Establish and develop the apaity of an independent eletoal ommission. Daft and adopt the eletoal legal famewok. Condut a national ensus o a vote egistation o both. Oganize ompehensive ivi and vote eduation involving the ivil soiety, and pomote gende issues in patiula, inluding affimative ation and human ights. Condut the national efeendum on the fedeal onstitution. Suppot, ove the long tem, the implementation of the multipaty system foeseen by the hate, boaden ivi awaeness, and ondut national and loal eletions Pioities fo Puntland ae as follows: 56

75 Establish and develop the apaity of an independent eletoal ommission ompatible with the emeging fedeal system. Daft and adopt the eletoal legal famewok. Ceate the politial multipaty system.: Oganize ompehensive ivi and vote eduation, involving ivil soiety and pomoting gende issues in patiula, inluding affimative ation and human ights. Complete the onstitutional efom poess and ondut a popula efeendum. Oganize pesidential and paliamentay eletions Pioities fo Somaliland ae as follows: Establish a vote egistation system. Review onstitutional and eletoal legislation. Povide institutional suppot to Paliament, the eletoal ommission, and loal authoities, the thee key bodies that have the mandate to ensue the pope exeution of eletions. Stengthen the ole of ivil soiety. Oganize ompehensive ivi and vote eduation, involving the ivil soiety and pomoting gende issues in patiula, inluding affimative ation and human ights. Condut loal and pesidential eletions in and paliamentay eletions in The Ahitetue of Govenment 266. Somalia today is haateized as a failed o weak state with stong ommunities. The stength of ommunities, espeially to mobilize themselves to povide soial sevies, should not be edued as the state is ebuilt. Instead, the govenment should onsist of a small, lean, tehnially ompetent, unifying body. Govenment should ensue seuity by pomoting the ule of law and eoniliation among ommunities and lans; and eate a famewok fo expanding and impoving the quality and oveage of soial sevies, not eplaing uent sevie povides The Constitution of Somaliland, Puntland Chate and the Tansitional Fedeal Chate all speify a deentalized ahitetue of govenment, unde demoati piniples of itizen patiipation. In patiula, the Tansitional Fedeal Chate, signed in Febuay 2004, speifies that Somalia shall have a deentalized system of administation based on fedealism (see box 2.6 fo a summay of the TFC guiding piniples). The key onstut of the deentalized system is a poposed fou-tieed administative hieahy: new fedeal institutions, state govenments (eated by egions foming into states aoding to thei fee will), egional administations, and distit administations. The hate atiulates a division of funtions and powes between the fedeal and state govenments but does not identify speifi esponsibilities fo egions and distits. The fedeal govenment is given esponsibility fo foeign elations, defense, national seuity and immigation, finane and the ental bank, impot and expot taxation and indiet 57

76 taxation, natual esoues, planning and eonomi development, pots administation, and ommuniations. The states ae given esponsibility fo a seies of funtions within state bodes, inluding diet taxation; wate and eleti powe; oads, tanspot, and ommuniation; inome-geneating ativities, inluding business development and liensing, agiultue and livestok, and infastutue development; and soial welfae sevies, inluding eduation, health and publi sanitation, and state legislation. 58

77 Box 2.6: The Tansitional Fedeal Chate: Summay of Guiding Piniples The Tansitional Fedeal Chate of the Somali Republi, appoved in Febuay 2004 at the Somali National Reoniliation Confeene in Naiobi, povides a tempoay legal undepinning of the Somali state. The hate will be opeational until a fedeal onstitution is adopted though a popula efeendum duing the final yea of the tansitional peiod. The 1960 Somalia onstitution and othe national laws apply in espet to all mattes not oveed and not inonsistent with the hate. Key guiding piniples ae as follows: Inlusive Govenane. The hate upholds demoay as the guiding piniple of a futue govenane stutue. Soveeign authoity of the Somali state is deposited with the people of Somalia, who might eithe dietly o indietly exeise thei demoati ight. Deentalization. Atile 11 of the hate povides fo a deentalized system of administation based on fedealism. The Somali epubli is envisioned to ompise thee levels of govenane: (1) the Tansitional Fedeal Govenment (TFG); (2) state govenments (two o moe, based on fee will); and (3) egional administations. The TFG shall ensue that the poess of fedeating Somalia will take plae within a peiod of 2½ yeas fom the date that the Fedeal Constitutional Commission is established. Resoue Shaing. The hate sets as the task of the TFG the fai and equitable appopiation and alloation of esoues. Land should be used and managed in a manne that is equitable, effiient, podutive, and sustainable. Natual esoues of the ounty, suh as the mineals, wate, floa, and fauna, should be publi popety, and a law shall be enated that defines the manne of utilization fo the ommon good. Powe Shaing. Aoding to Atile 13 of the hate, the TFG shall ensue that all appointments in the sevie of the govenment ae based on qualifiations and fai distibution among the itizens. The 4.5 fomula a applies fo powe shaing among majo lans: 61 seats go to eah of the fou majo lans and 31 seats go to the minoity goups. Gende Balane. Aoding to Atile 29, at least 12 peent of all membes of the Tansitional Fedeal Paliament should be women. Aoding to Atile 26 of the hate, the govenment pomises to pomote patiipation of women in all aspets of soiety. Fee Maket Eonomy. The hate stipulates that fee entepise should fom the basis of the eonomi system. The govenment shall enouage and povide full guaantee to foeign investment, guaantee ight to pivate popety unde law, and potet intelletual popety. Pesonal popety may be expopiated fo publi inteest in exhange fo equitable and timely ompensation. Respet fo Human Rights. The Somali epubli pledges to eognize all intenational human ights onventions and teaties. It guaantees equality of itizens befoe the law, poviding fo ights guaanteed unde the hate, inluding ight to law and legal poeeding in a ompetent out; ight to pesonal libety, seuity, potetion of family; ight to feedom of infomation and media; ight to assemble and stike; ight to establish politial paties and soial oganizations; ight to popely emuneated labo; and ight to politial asylum and eduation. Soial Welfae. The hate pledges the govenment will be esponsible fo poteting and poviding publi health; safe mothehood; hildae; ontol of ommuniable diseases; and welfae of pesons with disabilities, ophans, widows, heoes who ontibuted and fought in defense of the ounty, and aged pesons. The govenment shall enouage the establishment of the ivil soiety and soial development institutions fo the publi. The hate futhe stipulates that the law shall egulate the establishment of pivate health entes and linis. The govenment shall safeguad publi moality of the soiety and pomote soial welfae of the ual population. a. The 4.5 fomula is a powe-shaing mehanism based on lan, aknowledging the 4 majo lans, with minoity lans gouped in a popotional 0.5 ategoy. 59

78 268. The TFG and the govenments of Somaliland and Puntland need tehnial assistane to onsolidate some of the ministies unde funtional ategoies and assistane to inementally develop the sope and funtions of the vaious ministies and detemine what egulatoy, poliymaking, standad-setting, and supevisoy funtions eah offie will pefom, and in some ases what diet povision of sevies will be done at the fedeal and egional levels. A high pioity is assigned to establishing egulatoy funtions fo the podutive setos, standads and egulations fo soial sevies, and publi finanial management. The feasibility of finaning the govenment stutue must be a fundamental iteion in staffing The vision fo the ahitetue of govenment is fo a minimal, lean, effiient fedeal stutue of institutions to seve egions and loalities and embody good govenane poesses of tanspaeny, aountability, and patiipation, with deentalization stutues fo loal govenane well defined and opeational. The pioities ae to detemine detailed funtions fo eah tie of govenment, aoding to the tansitional fedeal hate and the onstitutional poess; to detemine staffing needs, budget, and euitment and deployment plans fo eah ministy and depatment; and to begin to implement these plans fo fedeal, state, egional, and loal govenment, aoding to apaity-building pioities, as desibed below. Capaity Building fo Govenment Institutions and the Civil Sevie 270. Building the state does not equie eating a heavy o elaboate set of govenment institutions, and it is impotant to diffeentiate between institution building and good govenane poesses. A minimal fedeal stutue of institutions an seve the egions and loalities and embody good govenane poesses of tanspaeny, aountability, and patiipation. Tansitional Fedeal Govenment 271. The Civil Sevie. The TFG has taken the fist steps towad setting up a ivil sevie. 26 Given the elative absene of evenues at the pesent time, the budget to suppot the TFG is povided by donos and loans fom the pivate seto. The TFG s poposed 2006 budget is pimaily onsumed by salaies and some opeating osts, with little development o apital expenditue. The stutue and staffing of the ivil sevie should be limited, given esoue onstaints, and be onsistent with the hate s limited funtions assigned to the fedeal level of govenment. It will be impotant fo the ivil sevie egimes of the TFG, Somaliland, and Puntland not to epliate onditions of many othe ounties, whee staffing levels ae high and salaies ae low. Suh onditions ae a eipe fo low podutivity in the publi seto and eate diffiulties in euiting and etaining qualified pesonnel and demanding pefomane. Futhe onstaints to euitment of qualified staff ae pesented by the bain dain, whih seveely affets all egions of Somalia. The iony of the lak of apaity in govenane is that qualified Somalis, both in ounty and in the diaspoa, ae available. It is the oganization of govenment institutions, the ageement on funtions, and the eation of lean, effiient management systems that ae missing. With the pope stutues and systems, and adequate onditions of sevie, people ould be euited to fill the posts and pefom satisfatoily. Infomation and ommuniation tehnologies (ICT) ae being pioneeed fo univesity and speialized eduation in Somalia and an play an impotant ole in apaity building fo the ivil sevie, espeially at 60

79 the management level. The ivil sevie will ove oe govenment ministies as well as independent and semi-independent bodies suh as the ental bank and Audito Geneal s Offie Stutues and staffing. Given the limited funds and the aleady high expetations fo a big ivil sevie, 27 seemingly in ontadition with the hate s assignment of limited funtions to the fedeal level, seveal poposals have been made to eview stutues and staffing. 28 Nevetheless, these poposals should be egaded as a long-tem goal, as thei objetive is moe elated to establishing a balaned, fedeal state in a ounty whee, at the moment, thee ae only emeging govenment stutues It will theefoe be impotant to plot a ouse fom the uent situation to the ideal laid out in the epot. Howeve, fo many yeas, administative solutions, and assoiated dono suppot, will have to be asymmeti, in line with Somalia s being, in fat, an asymmeti state. Plotting this ouse will equie a task foe onsisting of membes of the TFG, the Civil Sevie Task Foe, and donos to wok togethe losely ove the oming months. This task foe should not be ut fom the onstitutional poess and its delibeations. Rathe, it will equie that a small unit attahed to the Civil Sevie Task Foe plan the meetings with ations, milestones, and follow-up A moe immediate poblem with the stutual poposals is that thee is no Somali budget, as opposed to dono funds, to pay fo any TFG ivil sevants. Aodingly, the stutues and staffing of the ivil sevie in the TFG need to be evaluated Salaies and Reuitment. The hallenge of the bain dain and of the deep-seated mistust of govenment will have to be sumounted in ode to build a moe peaeful, stable, and good govenane egime in Somalia. Reuitment poliy and aee management that ae based on tanspaent, impatial, and aountable pofessional guidelines, along with sustainable salay levels that attat ompetent people and eate positive inentive fo pefomane, ae the adinal mehanisms of establishing a ivil sevie that an takle suh hallenges. 29 Reuitment of staff based on lan, following the politial 4.5 fomula, may be a politial impeative in the shot tem but should not be patied one the Civil Sevie Commission and ivil sevie legislation ae enated, beause the goal is to eate a pofessional ade euited and pomoted on meit. Tanspaeny in euitment and equal oppotunity fo all qualified andidates must be inluded in legislation, egulations, and opeating poedues of the ivil sevie The JNA team disussed salaies with the Civil Sevie Task Foe in Jowha. Assuming an immediate need of 210 staff and a medium-tem need of 2,000 employees, and assuming a TFG budget of US$300 million, the task foe is poposing salaies anging fom a US$155 minimum wage to a maximum of US$1,910 (fo the hief justie and goveno of the ental bank). This, they said, would mean that salaies would ost less than 10 peent of the budget. As fo the stutue of the ivil sevie, it will theefoe be impotant to disuss the options and hoose one that is along a ouse fom the uent situation to the ideal. The task foe mentioned above would be instumental in this egad Audito Geneal. The Tansitional Fedeal Chate foesees the establishment of an offie of the audito geneal to ensue the tanspaeny and aountability of the new administation. Little pogess has been ahieved so fa. A study has been pepaed by UNDP fo the TFG outlining the main funtions and equiements of the offie of the audito geneal. 30 Consideable 61

80 effot will have to be foused on this aspet to povide the TFG with effiient and authoitative instuments that an ensue a good level of aountability and, hene, edibility. Puntland 278. Puntland s ivil sevie faes simila hallenges elated to the bain dain and development defiits. Views widely held by the geneal publi ae that the state govenment is doing (and ahieving) little, and that thee is a lak of tanspaeny in the govenment s opeations. Howeve, the Puntland ivil sevie has a onstitutional famewok that laifies the futue to some onsideable extent The state is managed by an eleted pesident and is suppoted by a fou-tie stutue of govenment. Beause of its extemely limited fisal apaity, the Puntland state govenment has had little involvement with sevie delivey esponsibilities and has tansfeed the lage majoity of its esponsibilities in this egad to the distit administation (without fisal tansfes). It has been onened lagely with egulatoy funtions and with some evenue olletion. In patie, sevie delivey is essentially done though pivate initiatives Budgets ae geneally suffiient to ove only staff salaies and to povide fo limited euent osts. Levels of evenue olletion ae low by intenational standads, and the state govenment has expeiened poblems in aising evenue levels. 31 Most of Puntland s ental evenues ome fom ustoms duties, essentially fom the pot of Bosasso. Given this exteme dependene on the pot, finanial planning is diffiult beause of the unpeditability of evenues. 32 Futhemoe, evidene shows that budgets ae eleased to the espetive ministies upon equest, and that alloations ae based on ash balane and availability athe than on fim ommitments and expenditue ategoies pesented in the annual budget Stutue. Publi administation at state level ompises 14 ministies, eah headed by a ministe and eithe one o two vie ministes. Although an exeise was onduted in to define the funtions of all the ministies and to standadize thei stutues, the poposal was not implemented, and eah ministy detemines its own intenal stutues. In some ases this has led to a polifeation in the numbe of depatments, with staffing sizes that would geneally not be onsideed opeationally viable Salaies and Reuitment. Puntland uently pays salaies to an estimated 10,000 people, of whih appoximately 8,000 ae polie and militias and about 2,500 ae ivil sevants. The thee lagest ministies ae Health (419 staff membes), Finane (412 staff membes), and Eduation (206 staff membes). The need to ahieve lan balane appeas to influene appointments to both the politial posts of ministe and vie ministe and the senio ivil sevie post of dieto geneal. A ightsizing exeise is yet to take plae in Puntland Civil sevie salaies ange fom So. Sh. 2.5 million (US$172, based on US$1 = So. Sh. 14,500) fo a dieto geneal (the senio ivil sevant in a ministy) to So. Sh. 600,000 (US$41) fo a seetay. Staff and wage bills have ineased eently: 2,516 pesons wee on the govenment s payoll in 2006, up fom 2,320 in 2004, an inease of 8 peent. 33 The majo inease in staff is due to an addition of 200 teahes poposed to be hied in The total budget wage bill fo 2006 is So. Sh. 190,753 million (US$13.2 million), up fom So. Sh. 178,845 62

81 million (US$12.3 million) in Thus, the shae of the budgets that is wages has gone up fom 58 peent in 2004 to 63.6 peent in The Ministy of Labou, Youth, and Spots in Puntland s state govenment is esponsible fo ivil sevie affais. Howeve, at pesent the ministy does not have the apaity to plan and exeute poliy in this field beause it laks suffiiently detailed data, skills, and equipment to do so. In addition, it appeas to lak the influene to ensue that all ministies adhee to existing ivil sevie egulations. The state govenment does not have an oveall plan on the size of the ivil sevie, with poliy appaently being developed in a pieemeal fashion, often as the esult of intense lobbying of senio govenment figues Human Resoues Capaity and Ethis. In Puntland, the majoity of ivil sevants have no univesity o seonday eduation. About 60 peent do not have a seonday eduation; 35 peent have a seonday eduation, and about 5 peent ae univesity gaduates. In addition, the majoity lak the basi skills to fulfill minimum equiements and lak an ethos of selfimpovement and pofessional pide, and the notion of lient sevie appeas to be only maginally developed within the existing ivil sevie Planning, Legislation and Poliy Making. Though eent emaks by the pesident have pointed to the need fo a ultual hange in the administation, deision making in a signifiant popotion of ministies appeas to be entalized in the peson of the ministe. In addition, thee is little evidene of ministies developing and then implementing thei own stategi plans. The Ministy of Planning, with UNDP suppot, has nealy ompleted the pepaation of a five-yea development plan. Nevetheless, it is unlea to what extent othe ministies have been involved with this poess. By the same token, ministies do not geneally develop legislation in thei field of opeation and in fat lak the apaity to do so, and most uent legislation dates fom pe Audito Geneal. In Puntland, the offie of the audito geneal, established unde Law 15 of 2000, is an autonomous govenment ageny that opeates unde the dietion o guidane of the Offie of the Pesideny. The audito geneal is to audit publi institutions and epot to Paliament on the way publi esoues have been managed. Sine its establishment, the audito geneal s offie has eoded little signifiant ahievement: budgets wee audited and submitted to the Paliament and the pesident, but no ation was been taken to oet any of the mistakes mentioned in the epots Gende Balane. The Ministy of Labou, Youth, and Spots does not have disaggegated figues by gende fo ivil sevants. Howeve, it is lea that female ivil sevants ae dispopotionately undeepesented, with most of them in subodinate posts. Hadly any women hold senio ivil sevie posts o have been appointed to high politial offie only one female ministe, at Women s Affais, and no women vie ministes o dietos geneal. Somaliland 289. Somaliland possesses a moe developed publi administation system. Aoding to 2002 Civil Sevie Commission figues, ministies and agenies exhibit lage dispaities in size: the lagest, the Ministy of Eduation, employs ove 1,700 staff membes, and the smallest ministies have fewe than 20 posts. Most ministies have a simila intenal stutue; they ae divided into 63

82 thee depatments a depatment of administation and two othe depatments with subsetoal esponsibilities. Lage ministies, suh as Health and Eduation, have two additional depatments. Despite these advanements, Somaliland faes hallenges simila to Puntland s and the est of Somalia s with egad to the bain dain, finanial onstaints, and effiay of the ivil sevie The ativities of the ivil sevie ae onstained by low govenment evenue olletion, (US$13 million in 2003) and signifiant seuity spending, with moe than 55 peent of expenditue epotedly alloated to the seuity foes in 2001/ Though the ivil sevie in Somaliland has a lealy delineated stutue, and oles have been defined at least at ministy and depatment levels, the sevie suffes fom vaious endemi poblems. Two majo poblems ae a widespead lak of motivation among ivil sevants and a signifiant numbe of staff who lak the level of basi eduation expeted fo the positions held. This situation is ompounded by the fat that the wage bill emains onsideable and leaves vey few esoues fo developmental plans and sevie delivey Nevetheless, the ental govenment ontinues to povide some degee of fontline sevie delivey, even though sevies in some loations ae povided by the pivate seto, NGOs, and publi-pivate patneships. Teahes, health wokes, and othe diet sevie povides make up moe than half the staff Stutue. The exeutive banh of govenment is led by a dietly eleted pesident. Somaliland has 40 ministies and agenies, six egions, and 42 distits. It also has fou autonomous publi agenies (Pot Authoity, Cental Bank, Wate, and Eletiity authoities). The legislative banh of govenment onsists of a House of Eldes and a dietly eleted House of Repesentatives Management of the ivil sevie in Somaliland is the esponsibility of the Civil Sevie Commission, whih epots to the pesident and was set up in The CSC advises the pesident on mattes of poliy; is esponsible fo euitment, pomotions, and disipline; examines and inteviews andidates fo vaant positions and pomotion; advetises vaanies; and pepaes and supevises the implementation of ules and egulations on the ivil sevie. The CSC is also esponsible fo eviewing stutues and funtions of ental govenment ministies, inluding human esoues management in the ental govenment. Ahievements to date inlude establishing a seening system fo all staff, applying the seening system fo all ministeial and ageny staff, and eduing staffing levels by about 2,000, inluding eliminating ghost wokes Staffing and Restutuing. Cental govenment employs 5,559 staff membes, 37 peent of whih ae in Eduation and 18 peent of whih ae in Health. Finane is the next lagest ministy, with 6 peent. The employee stutue onsists of fou gades: A (most senio), B, C, and D. About 60 peent of the staff membes do not have a seonday eduation, 35 peent have only a seonday eduation, and 5 peent ae teiay eduation gaduates. Women make up 27 peent of the ivil sevie; two women ae ministes o vie ministes; one of the 40 dietos geneal is a woman; and seven out of 420 dietos ae women. Almost all women ae in vey subodinate jobs, suh as leanes and leial wokes. Of total staff, 60 peent wok in the egional offies of ental govenment agenies o in shools and hospitals. Thee ae about 15,000 militay pesonnel who ae pogessively being demobilized. 64

83 295. Staffing in Somaliland has been ut bak in the past but is now on a ising tend. Staffing was edued to 3,750 pesons following the 2001/02 estutuing. Sine then some 900 teahes, 300 health wokes, and a numbe of othe staff have been added. A futhe ightsizing is antiipated at the ente and in some loal authoities, but not fo fontline sevie povides. The CSC would like futue staffing needs to be based on the pepaation of stategi plans by ministies Salaies and Pensions. Salaies ange fom an aveage of So. Sh. 120,000 (US$20, based on US$1 = So. Sh. 6,000) a month fo gade D to an aveage of So. Sh. 326,000 (US$54.3) fo gade A. Taking aount of a 115 peent devaluation of the ueny sine the last inease in pay, the CSC has poposed a highe stopgap pay sale anging fom an aveage So. Sh. 286,000 (US$47.7) in gade D to So. Sh. 725,000 (US$120) in gade A. This would moe than double the wage bill, fom So. Sh. 14 billion to So. Sh. 31 billion. In addition, the CSC has poposed what it alls a pemanent pay sale that would inease salaies futhe and make it easie to attat and etain the bette qualified staff. On this sale, salaies would ange fom So. Sh. 294,000 (US$49) at the bottom of gade D to So. Sh. 1,543,000 (US$257) at the top of gade A. The CSC would also like to intodue an element of pay fo pefomane and has poposed that senio staff eeive esponsibility and housing allowanes A new pension and gatuity law was dafted in July 2005 to eplae the 1996 law. No benefits have been paid fom pension funds fo 45 yeas. The CSC believes that many olde staff membes that ae bloking younge staff would be enouaged to leave if they ould be paid easonable pensions. In the futue, staff and govenment would eah ontibute 8 peent of thei salay to the pension fund, as well as 4 peent eah to the gatuity fund, whih would be used to ompensate etenhed staff. The law has not yet been appoved Human Resoues Capaity and Ethis. Following the 2004 taining needs assessment fo senio staff, the Somaliland Civil Sevie Institute was established in May 2005 and began to offe ouses that Septembe. The objetive of the institute is to suppot the efom of the ivil sevie though patial taining and wokshops. Taines ae hied fom the univesity and ministies. The institute s long-tem objetive is to beome moe self-sustaining fom fee inome, patly by offeing ouses to the pivate seto and NGOs. The institute will offe longe-tem, etifiation-based taining as well as povide distane leaning sevies Poliy and Law Making. The poliy-making poess in Somaliland is the mandate of the pesidential offie and the state ministies. The main hallenges with egad to poliy making appea to be that staff in the ministies ae not tained in poliy analysis and fomulation, and that the ministe fo the pesident, the pesident s pinipal poliy advise, and the hief of abinet do not have speialized pofessional staff to monito the implementation of abinet deisions. The poliy poess is haateized by onsideable infomality, with ministes going dietly to the pesident to gain his suppot fo thei poposals. Thee is little onsultation with ivil soiety in the pepaation of poliies Simila staffing defiits impat the law-making poess within the exeutive ministies. The ivil sevie does not have many qualified staff to pepae legislation. New laws and egulations have been pepaed, but usually with help fom outside the ivil sevie. Fo example, fo the eent eview of pension legislation, the CSC pulled togethe a wide ange of stakeholdes and infomants fom within and outside the publi seto. 65

84 301. Oveall, inlusive and patiipatoy mehanisms fo poliy fomulation, delibeation, and buy-in by the Somali population ae laking. This is patiulaly impotant in a ontext in whih pivate initiative, whethe of NGOs o the pivate seto, dominates sevie povision Audito Geneal. Publi aountability agenies in Somaliland ae the aountant geneal, the audito geneal, and the Publi Aount Committee. The oveall peeption is that the offie of the audito geneal has so fa been unable to fulfill its potential and has not ated as an effetive wathdog of publi management. Tehnial pofiieny is low, patiulaly in auditing tehniques and in aeas in whih speialist expetise is needed to unove mismanagement, suh as in onstution. Although theoetially independent, aountability agenies ae often plaed unde the dietive of the Offie of the Pesident o the Ministy of Finane. Vision and Pioities fo Building Capaity of Institutions and the Civil Sevie 303. Taking into aount the diffeenes between the TFG, Somaliland, and Puntland, a joint stategy to build institutional apaity of govenment and the ivil sevie an nevetheless be developed, with a vision fo lean, pofessional, effiient institutions that funtion with ompetent ivil sevants and ae apable of planning, poviding key egulatoy funtions, and engaging patnes to delive soial sevies and pomote human development Majo suppot is equied to tansfom the uent status of institutions and ivil sevie into this vision. Coe govenment funtions need to be defined in simple tems, with simple and expliit management and opeational poesses and systems established that will enable aountability and monitoing of pefomane. The oe piniples of aountability and esultsbased management should be instituted at evey level, fom leanes and leks to dietos. In the ase of the TFG, the eation of new entities and depatments and the euitment of new staff enable the govenment to have a fesh stat. In the ase of Somaliland and Puntland, it is lea that staffing of the ivil sevie was done to suppot the poess of eoniliation. Theefoe, a gadual ightsizing and epofiling should be done, without jeopadizing the ontinued seuity in those egions. Consideable investment in human apaity is equied at all levels, with fulfillment of the gende quota of 12 peent fo women that was established in the Tansitional Fedeal Chate The following ae TFIs pioities fo efoming the ahitetue of govenment: Suppot the tansitional ole of the ivil sevie, inluding establishing a oe administative stutue to pefom key funtions, within a famewok of finanial feasibility. Define the onstitutional ole of the ivil sevie to suppot the Fedeal Constitutional Commission and to laify oles and funtions of the fedeal stutue. Build apaity fo poliy making, development planning, and sevie delivey. Build apaity of the fedeal pesidential offie and abinet of ministies to monito state pefomane in finane and development. 66

85 Establish the intenal and extenal instuments and ules fo tanspaeny and aountability, inluding intenal ministeial auditos and the audito geneal s offie. Invest in human esoue development. Ensue gende equity and empowement in the development of the ivil sevie. 35 The key ations of the TFG to ahieve these pioities ae as follows: Establish the Civil Sevie Commission and suppot development of ompehensive poliies fo govenment funtions and employment. Reuit the equied dietos and key staff membes with expeiene in poliy analysis, human esoues management, publi finane, and evenue mobilization. Delegate a subommittee of the CSC to the Fedeal Constitutional Commission to plot the TFG s ouse to fedeal govenment. Reuit and tain a poliy unit attahed to the pesidential offie and seving the abinet. Povide immediate apaity building to the euited staff in all line ministies on ethis, tanspaeny, aountability, good govenane paties, basi administative skills, and poliy planning The pioities fo Puntland ae as follows: Institutionalize ivil sevie efom and set poliy fo staffing stutues, funtions and salaies, euitment and pomotion poedues, and taining. Develop apaity fo planning and monitoing of soial sevie povision within ministies. Stengthen tanspaeny and aountability to build publi tust; enhane the offie of the audito geneal along with paliamentay ovesight and ivil soiety monitoing The key ations fo Puntland to ahieve these pioities ae as follows: Establish a Civil Sevie Commission. Institutionalize apaity building. Pomote gende equity and empowement though tageted initiatives, both in euitment and taining and in the dafting of a gende stategy. Establish a poliy unit to seve all state ministies. Map the level of aessibility of sevies. Suppot the offie of the audito geneal. Suppot the patiipation of nonstate atos in planning and poliymaking. 67

86 308. Pioities fo Somaliland ae summaized in the 2006 CSC s Civil Sevie Refom Pogamme Ation Plan and ae as follows: Suppot development of a lean, pofessional, and motivated ivil sevie that addesses ovestaffing elative to available esoues and the negative inentive stutue eated by ovestaffing, low salaies, and the lak of pofessional pospets. Develop the apaity fo planning and monitoing soial sevie povision. Combat faud, ouption, and nepotism. Stengthen women s equality, empowement, and epesentation in deision-making posts The following ae key ations fo Somaliland to ahieve these pioities: Pomote the ongoing ivil sevie efom immediately, inluding the intoduing a pension sheme and ontinuing ightsizing and apaity building. Enhane poliy and law-making funtions though apaity building and the eation of a poliy unit to seve all state ministies. Daft a stategy fo women s empowement in the ivil sevie and fo gende mainsteaming in poliy making and law making. Map the level of aessibility of sevies. Suppot the offie of the audito geneal. Povide apaity building in foging patneships with nonstate atos. Loal Govenane 310. The ollapse of the state and the subsequent fagmentation and adial loalization of politis, plus the emegene of loal initiatives to povide soial sevies (mainly by nonstate atos), pesent vey inteesting oppotunities fo loal govenane. In Somaliland and Puntland, taditional loal govenane stutues have played a vey ative ole in peae- and onsensusbuilding effots. These stutues have also fomed the basis fo a deentalization poess, mostly to be found at village (tuulo) and distit levels and at neighbohood levels fo uban entes. The village o tuulo level epesents an infomal stutue of loal govenane in whih the lineage and taditional soioeonomi powe stutues onvege o onflit. These infomal stutues an beome a building blok of fomal govenane stutues, povided adequate povisions ae made fo developing epesentation, patiipation of all itizens, tanspaeny, and aountability The map Community Peeption of Govenane at Settlement Level, 2006 shows the distibution of settlements by system of govenane, as peeived by the ommunities, with the 68

87 following types of govenment systems: administation (the fomal govenment body); ommunity eldes; shai a; and ustomay law. It is lea that in the peeption of the ommunities themselves, the majoity of settlements ae govened by ommunity eldes, and in South Cental Somalia, with a onentation of ustomay law in Bay egion and of shai a in pats of Bakool and Gedo egions. Data fom this suvey ae not yet available fo most of Somaliland, as is evident fom the map. [[Inset map govenane : Community Peeption of Govenane at Settlement Level, 2006 about hee]] 312. The soial apital 36 onstituted by all foms of nonstate atos (pivate and ommunity based) has ontibuted to the ounty s esiliene, adapting to the ollapse of the state by poviding sevies though vaious delivey mehanisms. This situation has eated new loal development dynamis and enabling onditions fo some pivate investments. 37 This soial apital also epesents a solid foundation fo the futue institutional famewok of loal govenane Despite these positive indiations of esiliene and initiative, it is impotant to note the abysmal gap in aess to sevies and extemely low indiatos of human development in Somalia today. Thus, the status quo of pivate sevie povides is not poviding the level and oveage of soial sevies, speifially health, eduation, wate, and sanitation, to enable Somalis to ahieve the Millennium Development Goals, as a minimum taget Nevetheless, it may be advantageous, espeially fo elatively apid esults, to build on these assets, expanding on the existing infomal loal govenane stutues that have aleady built soial apital, and at the same time impoving the quality (inluding po-poo poliies), quantity, and aess of sevies. This stategy of building fomal govenane stutues though and with these infomal stutues of soial apital pobably has a highe possibility of suess than pojets geneated fom the top down at state, egional, o fedeal levels Suh an appoah pesents a numbe of hallenges. Pivate seto povision of sevies is onentated in uban aeas, whee sevie delivey is moe eadily pofitable o self-sustainable. Thee is a need to bidge the ual-uban divide and to injet adequate esoues to benefit the poo and the isolated: pastoalists and the ual population. 38 Cuently, uban distits ae endowed with moe esoues, an aise moe evenues, and often attat moe extenal suppot than ual distits. Anothe hallenge is the tendeny to use quik-fix appoahes fo state building in Somalia and to fomalize infomal mehanisms without onsideing the omplexity of the institutional poess. Suh fixes ould eate futhe divisions and peempt onsensus building if they ae not anhoed in genuine patiipatoy poesses. Failed attempts o diffiult tansitions ould eate futhe septiism towad govenment. Loal govenments fae fomidable hallenges in aising esoues to delive sevies that will demonstate thei will to seve the inteests of the people In addition, ove the yeas, divese foms of loal govenane have evolved in Somalia. This divesity is a hallenge in itself fo any attempt to suppot the eemegene of o stengthening of loal govenments. The pesene of self-appointed egional administations and of distit-based loal govenane systems is likely to geneate tensions between the diffeent administative levels. 69

88 317. Despite the gains and ahievements the nonstate atos have made in the last seveal yeas, some loal govenments may ontest thei legitimay and patiipation in loal affais. They may see ivil soiety oganizations as ompetitos fo esoues, powe, and influene, athe than as potential patnes. Similaly, nonstate atos often do not oodinate thei ativities with loal govenments, whih they see as empty shells with no legitimay to supevise and monito thei ativities. Hene, it will be neessay to pomote patneships and esponsibilityshaing between nonstate atos and loal govenments on the basis of ompaative advantages To stengthen thei edibility and gain publi onfidene, loal govenments must demonstate that they add value to the lives of the itizens by poviding some publi good, usually expeted to be the povision of soial sevies. Howeve, impoving the povision of sevies and ontibuting to loal development an only be done by mobilizing esoues. The apaity of loal govenments to mobilize esoues though taxes o fees depends, in tun, on the onfidene they an inspie fom the publi. Funding fom intenational soues an help begin the yle that goes fom ineased sevie delivey to ineased onfidene and edibility in govenment to ineased loal esoue mobilization to ineased sevies deliveed. Some expeiene in this egad has been developed by UN-Habitat in pojets in uban aeas thoughout Somalia, whih ombines apaity building with pojets involving ommunity ontibutions and some esoue mobilization. The majo lesson leaned is the impotane of integating ealy, onete esults with apaity building and itizen patiipation. South Cental Somalia 319. In South Cental Somalia in geneal, the distit-level, athe than egional, govenane stutues have been moe suessful. The distit level may onstitute a moe elevant entity fo ommunities beause of thei poximity. Minimal sevies ae povided by loal govenane stutues, pimaily seuity, onflit negotiation, and elements of justie. A few inipient muniipalities povide moe. Sevies ae finaned and managed by ommunities themselves though shai a outs, ounils of eldes, o neighbohood vigilantes, whih ae managed by self-appointed govenos who ae aepted by the people olleting taxes on behalf of these loal goups in exhange fo seuity and peditability. Othe sevies ae povided by othe nonstate atos, inluding the pivate seto, NGOs, and ommunity-based oganizations. Coveage of basi sevies is vey low. A hallenge fo the nasent govenment institutions will be to povide po-poo sevies in a ontext of pedominantly pivate sevie povision Some egional foms of powe have been attempted but have had limited suess, and they often have attated ent-seeke militias and fations. The authoity of suh fations aely has gone beyond the ontol of uban apitals, pobably beause the egional level is moe distant fom the taditional lineage stutues that have ontibuted heavily to the evival of the distit level Politial and Administative Stutues. The foms of loal govenane that have emeged in Somalia ae divese and enompass the distit level, but also town, village, and neighbohood initiatives, whih ae the most pevalent and oinide with lan-based taditional stutues involving loal ounils of eldes. The basis fo the authoity of these stutues vaies, fom fations, militia leades, and self-appointed govenos to onsensus-based aangements, 70

89 suh as esueted distit ounils (fom the Siad Bae peiod), emnants of UNOSOM stutues, and ounils of eldes o shai a outs Finanial and Sevie Delivey Issues. Only a modium of sevies is being povided by South Cental Somalia s loal govenane stutues. These sevies geneally ompise seuity, onflit mitigation and negotiation, and judiiay sevies, though a wide ange of sevies is also povided by inipient muniipalities in plaes suh as Wajid, Xudu, Bulobade, Cadale, Mogadishu, Haadhee, and Belet Weyn. These sevies ae finaned and managed by the ommunities themselves though shai a outs, ounils of eldes, o neighbohood vigilantes paid fo by the ommunities, o by militia leades and self-appointed govenos aepted by the people (espeially businessmen), olleting taxes in exhange fo seuity and peditability Othe sevies ae being povided by nonstate atos, suh as the pivate seto, NGOs, o ad ho ommunity entities, often with little o no oodination with loal govenane stutues: shools ae managed by eduation ommittees and funded by student fees; wate, eletiity, and health linis ae usually managed by pivate businesses. In geneal, a full ange of sevies is not povided, and the level of oveage of basi sevies emains insuffiient and dependent on pivate pofitability o viability. The poo and the pastoalists ae exluded beause they ae unable to pay fo sevies o annot be eahed by existing povides. Puntland 324. Puntland eently appoved a ompehensive deentalization system, with devolution of sevies to distit ounils, although the efom is not yet fully opeational. Out of 33 distits, only seven distit ounils have been seleted (as of mid 2006) and ae tying to opeate, delive sevies, and pepae and implement budgets. Finanial esoues ae sae and not ommensuate with mandated esponsibilities, with a mee US$0.70 to US$2.50 pe inhabitant pe yea. Loal taxes and fees ae the nominal soue of evenue; howeve, thee is inequality between distits, patiulaly on a ual-uban beakdown. 39 Nonstate atos povide the majoity of sevies. Govenos at the egional level ae appointed by the state govenment and entusted mainly with seuity issues Distit ounils ae now seleted by lan eldes in a onsultative poess. Peviously, ounils and mayos wee appointed by the pesident. This hange is yet to be fully implemented but will enhane ounil legitimay and may pomote a leane administation. Tehnial and administative needs ae onsideable to tansfom distit ounils into pofessional and effiient institutions. Little pogess has been made in the onlusion of patneships with nonstate atos to delive sevies. Some distit ounils seem to be awae of the potential fo suh patneships but have been appointed too eently to onlude suh aangements. Popula suppot fo the ounils seems to be high, but ounils isk being undemined by the impossibility of fulfilling sevie delivey mandates in the absene of suffiient esoues The eently eated Ministy of Loal Govenane and Rual Development is an impotant initiative. Expets eommend the adoption of a edistibution mehanism and a eview of the law and of othe fisal legal douments. The vision should inlude tansfe of esoues fom the state ommensuate with the inease in devolved esponsibilities. Building the finanial, administative, and tehnial apaities of the loal administation is a peequisite to effiieny and aountability. 71

90 327. Politial stutue. In tems of teitoial administation, the state of Puntland is omposed of seven egions and 33 distits. It onsists of a fou-tie administation, with govenos at the egional level (appointed by the state govenment and entusted mainly with seuity issues), distit ounils, and village ommittees. At the ental level, loal administative issues ae managed by the Ministy of Loal Govenment and Rual Development Puntland s loal administation is uled by Atile 83 of the onstitution, whih povides fo the devolution of powe to the tuulo (village) level and by Law 6, 2003, whih gives distit ounils autonomy in the management of loal affais. In patie, the distit level, with moe finanial, tehnial, and administative apaity, seems to be the ative level of Puntland s deentalized system. Aoding to the law, distit ounils ae seleted by lan eldes in a onsultative poess. So fa, in the 33 distits, only seven distit ounils have been seleted. In all othe distits, ounils and mayos emain appointed by the pesident. The seletion poess stated in Januay 2005 and was supposed to last one yea, but negotiations have appeaed to take moe time and effot than expeted. In etun, this seletion poess, though lengthy, impefet, and not fully epesentative of the diffeent ategoies of the population, guaantees a stong legitimay fo the seleted distit ounils Distit ounils ae omposed of 21 membes, who elet thei mayo and vie mayo and an exeutive ommittee of six to eight membes to lead the tehnial depatments. The muniipal staff is entiely euited by and plaed unde the authoity of the muniipality. The ental state does not have a epesentative in the muniipality. The law also povides fo the appointment of village ommittees of five to seven membes, who ae to be seleted by the lan eldes of the village and appoved by the distit ounils Finanial, Administative and Sevie Delivey Stutues. Aoding to the law, distit ounils ae entusted with the delivey of a wide ange of sevies. These legal equiements ae uently applied, and in patiula, in ontast with Somaliland, distit ounils in Puntland ae in hage of managing pimay eduation and health ae. The state only intevenes in this seto to povide a limited numbe of staff To implement these sevies, the finanial means at the disposal of distit ounils ae loal taxes and levies that muniipalities an ollet in the distits, suh as fees and levies on makets, land, and popety, plus fees olleted fo sevies deliveed (see table 2.1). Customs duties ae olleted by the Ministy of Finane, inluding expot fees on livestok, fankinense, salt, and fish that should by law be olleted by the distits. The budget is pepaed by the exeutive ommittee, is appoved by the ounil, and is supposed to be posted outside the muniipality. No pio onsultation takes plae, and the budget is not disussed in publi. It is also impotant to onside that deentalized govenane is a elatively eent expeiene, and most distits have a vey limited apaity to do budgeting. Many do not yet have a budget Finanially, Puntland s loal govenane stutues suffe fom the state s geneal inability to geneate suffiient esoues. The levies and fees olleted in the distits ae low, aely exeeding US$2 pe apita pe yea (see table 2.1). In tems of assets, land is the majo esoue managed by the loal govenments. Well managed, this asset ould epesent a signifiant soue of inome. Howeve, it an beome a soue of onflit o ouption, espeially onsideing that adastal eods do not exist and that the finanial poedues of 72

91 loal publi finane ae not lea. Thee is no tansfe of esoues fom the state to the distits. This situation ineases the divide between ihe uban distits, whih an geneate moe esoues and whee sevie delivey an be a sustainable eonomi ativity, and pooe o moe ual distits, whee fewe esoues an be geneated and eonomially sustainable sevies ae moe diffiult to delive The system of finanial and tehnial devolution may enouage the eation of a leane administation; howeve, staff salaies still onstitute aound one-thid of the total budget. In tems of tehnial and administative apaities, the need is onsideable to tansfom distit ounils into effiient institutions apable of sevie delivey. Table 2.1: Puntland Distit Counil Budgets 2005 Distit Exeuted Budget Total US$ Wages & Salaies US$ Salaies as of Total Budget Numbe of Inhabitants Budget pe Inhabitant US$ Galkaio 360, , , Gaowe 82,470 38, , Butinle 30,960 13, , Bossaso 664, , , Qadho 52,133 15, , Total Soue: Puntland Distit Counil budgets 2005 and UNDP. Somaliland 334. Somaliland has adopted a system of deentalized govenane that is a mix of deentalization and deonentation. The system povides fo the diet and demoati eletion of distit ounils but leaves to the ental state an impotant ole in the management of loal affais. To inease the esoues available to distit ounils, a state tansfe mehanism has been put in plae. Howeve, this is still insuffiient elative to the esoue geneation apabilities and mandates at the distit level and does not onstitute a edistibution mehanism that would suppot pooe distits. Little sevie delivey is povided by distit ounils, but some innovative publi-pivate patneships have been developed. A eview of the uent law is unde way to inease loal autonomy and enhane the ole of the ounils in eonomi development Politial and Administative Stutue. Somaliland s deentalization is govened by Atiles of the Somaliland onstitution and by the Regions and Distits Law (No. 23/2002). Unde that law, Somaliland is omposed of six egions and 43 distits divided into 73

92 fou gades (A to D). Of those 43 distits, 19 have been eently established, with boundaies that ae not ompletely defined. Nevetheless, they ae equipped with a budget and an appointed ounil Somaliland applies a thee-tie administation, with a egional level headed by the Goveno appointed by the Ministy of Inteio to epesent the govenment in the egion and the distit, and a distit level of demoatially eleted distit ounils. At the ental level, loal administation issues ae managed by the Ministy of Inteio. Distit ounils ae omposed of 13 to 21 ounil membes that ae dietly eleted on paty tikets and with a mandate of five yeas. The distit ounil is headed by a mayo and a vie mayo eleted by the ounil. Eletions took plae only in the 23 peviously existing distits Pio to the efom, distit authoities wee appointed by the Ministy of Inteio. This efom has esulted in hanges in some loalities whee mayos have been voted out and eplaed. The distit administation is un by an exeutive ommittee onsisting of the mayo and his deputies fom among the ounil membes and by the exeutive offie appointed by the Ministy of Inteio. The exeutive offie is the hief of the loal govenment s administation and is haged with the ontol of legitimay of the govenment s deisions, whih he o she ountesigns. The ental govenment theefoe etains an impotant ovesight powe though its exeutive offie Finanial and Sevie Delivey Stutues. The law povides that distit ounils ae entusted with a wide ange of sevies. Nevetheless, the law has not been fully implemented, and pimay health ae and eduation emain the ental govenment s esponsibility. The finanial base of the distit ounils is loal taxes and levies, inluding maket, sales, and land and popety fees. Inome o business taxes ae not olleted. Customs duties, whih wee peviously olleted by distit authoities, ae now plaed unde the authoity of the ental govenment. Some evenue is tansfeed fom ental govenment to the distits. 40 Thee ae signifiant inequalities in these tansfes. Resoues available to the distit ounils emain vey low (on aveage US$2 pe inhabitant pe yea) and insuffiient to enable them to delive signifiant sevies. 41 Anothe issue faed by Somaliland s loal ounils is thei bloated administations, whih affets the apaity of distit ounils to delive sevies o to invest in development pojets To inease the esoues of the distit ounils and to ompensate the loss eated fo the distit ounils by the fisal efom, whih tansfeed ustoms duties unde the 42 esponsibility of the ental govenment, a double tansfe mehanism has been put in plae. The fist fom of tansfe onsists of evenues shaed between the state and those distits that have ustoms olletion points. In that ase, distits eeive 10 peent of the ustoms taxes olleted in thei distits. The seond fom of tansfe onsists of the distibution of 12.5 peent of the total ustoms taxes olleted by the Ministy of Finane (afte the 10 peent dedution noted above) among all distits (exept fo Bebea and Dabulakhae). The fomula fo edistibution is oughly aligned with the size of distit expenditues These tansfe mehanisms ae not based on the atual needs of the population o on the apaity of loal authoities to delive sevies. On the ontay, amounts of money tansfeed ae popotional to the size of the distits budgets and popotional to the impotane of the pot of enty whee ustoms duties ae being olleted (Wold Bank 2006). Fo the 12.5 peent 74

93 tansfe, the fist 10 distits eeive a peentage anging fom about 35 peent fo Hageisa, to peent fo Buo, 6.85 peent fo Booma, and 1.09 peent fo Eigabo. The next 22 distits (essentially C and D gades) eeive 0.95 peent eah, while the last eight distits (all gade D) eeive 0.7 peent eah This system does not esult in any edistibution to pooe distits. Despite the state tansfes and the esoues available to the distit ounils (see table 2.2), esoues ae low and insuffiient to enable the ounils to delive any signifiant level of sevies. As an aveage, they baely exeed US$2 pe apita pe yea, and an fall as low as US$0.8 pe inhabitant pe yea. Distit ounils have a limited apaity to ollet taxes, and even Hageisa annot mobilize moe than US$5 pe apita. Table 2.2: Somaliland Distit Counil Budgets 2005 Distit Total Povisional Budget Numbe of Inhabitants Annual Budget pe Capita US$ Hageisa 2,816, , Buo 677, , Booma 285, , Eigabo 172, , Odweyne 19,254 42, Sheikh 61,941 33, Elafweyn 55,734 65, Seila 76,819 28, Luqhaya 39,683 30, Caynabo 45,109 30, Daasalam 19,229 20, Aveages 2.18 Soue: Somaliland Ministy of Inteio (2005 figues), UNDP As in Puntland, uban land is an impotant taxable asset that is undeutilized beause of the absene of a funtioning adastal sevie. Budget fomulation is not a onsultative poess, and often distit ounils only post the budget in the muniipalities afte appoval. Moeove, budget fomulation appeas to be a puely mehanial exeise, with a epoting of pevious headings with mino adjustments. Lak of apaity fo budgeting is evident. The lak of peditability of state tansfes and the disetionay handling of the tansfes also ontibute to the disepany between povisional budgets and eal inome. US$ 75

94 343. Despite thei demoati legitimay, distit ounils in Somaliland appea to be suffeing fom a lak of empowement to delive sevies beause of a limited amount of esoues. Thei intevention is limited to the povision of some levels of sanitation, leaning of steets, gabage olletion, and suppot fo maintenane osts of some eduational and health institutions Anothe majo issue faed by Somaliland s loal ounils is thei bloated administations. As shown in table 2.3, a onsideable amount of the distit ounils povisional budgets is onsumed by salaies and wages and by euent and administative osts, and the shae left fo investment is often less than 15 peent of the total budget. When atual evenues fall shot of pojeted evenues in the budget, wages and salaies onsume even that low alloation to apital investment. Table 2.3: Somaliland Distit Counil Expenditue 2005 Wages & Salaies Reuent Costs Capital Investment and Pojets Suppot to the MOI Othe Expenditue Total Distit US$ $ $ $ $ $ Hageisa 927, , , , , ,816,625 Buo 209, , , , , ,778 Booma 105, , , , , ,992 Eigabo 45, , , , , ,222 Odweyne 57, , , , , ,254 Sheikh 32, , , , , ,941 Elafweyn 8, , , , , ,734 Seila 26, , , , , ,819 Luqhaya 13, , , , , ,683 Caynabo 11, , , , , ,109 Daasalam 6, , , , ,229 Aveages Soue: Somaliland Ministy of Inteio (2005 figues) Seveal distit ounils, suh as Booma o Hageisa, have devised innovative patneships fo the povision of wate and eletiity and fo tax olletion and management and maintenane of maketplaes Deentalization is one of the main pioities of the uent govenment and Paliament in Somaliland. Pioities ae hanging, with seuity and stability ahieved, and the new fous on 76

95 eonomi development alls fo new deentalization poliies. A eview of the existing law is unde way, and it is expeted that the new law will stengthen loal autonomy and enhane the ole of loal ounils in eonomi development. Somaliland is also demonstating the same bugeoning ultue of ommunity self-eliane. This is in stak ontast to the past, when people elied on govenment fo pimay sevies. Nevetheless, the poo who annot buy sevies ae disadvantaged by the loss of the povision of publi goods by the govenment. Vision fo Loal Govenane 347. The vision o desied outome is the establishment of fomal loal govenane systems and the suppot fo existing systems that ae inlusive of all population goups, inluding women; that ae patiipatoy; that failitate the delivey (povided dietly o indietly) of good quality, eliable, affodable, and sustainable sevies to all itizens; and that ontibute to eoniliation. The loal govenane systems should bidge the uban vesus ual-pastoalist divide though effetive po-poo poliies This outome may not be fully ahieved in all aeas by 2011, but signifiant pogess an be made povided thee is a oneted effot by all atos the Somali govenment, nonstate atos, and intenational assistane povides to a onflit-sensitive and developmental appoah on loal govenane. Some elements of this appoah ae as follows: build on loal existing assets and futhe develop existing soial apital; enable Somali owneship of the poess, espeially at the loal level; suppot and impove existing stutues of loal govenane whee they an evolve into fully patiipatoy and inlusive systems; invest in existing sevie delivey mehanisms, povided they seve the publi good, with fainess and aess fo all itizens; develop and institutionalize patiipatoy poesses, inluding tanspaent and aountable deision making and esoue management; integate loal-level institutions and ivil soiety into the poess of poliy development at egional, state, and fedeal levels; 43 and develop the management apaity of sevie povides, with an emphasis on piniples of aountability, tanspaeny, and patiipation The stategy should fous not only on suppoting loal govenments but also on ongoing loal poesses when they aim (expliitly o impliitly) fo sustainable sevie delivey. The enty point fo eoniliation, loal good govenane, and sustainable development may be the delivey of good, eliable, and affodable sevies to itizens with effiay and aountability Pioities fo the Tansitional Fedeal Govenment in South and Cental Somalia eflet the expeted outome of a new legal famewok fo deentalization at the fedeal level, inluding politial, administative, funtional, and fisal devolution. The pioities will be to suppot the eation of loal govenment, inluding the following: Design the loal govenane system. Develop poliy lessons on publi-pivate patneships fo sevie delivey. Failitate a stutued dialogue between publi authoities, the pivate seto, and othe nonstate atos (national onfeenes on sevies). Define mehanisms fo subsidiaity, oodination, and edistibution. 77

96 Design poliies to eah the poo and the ual o isolated aeas. Develop netwoks of deentalized oopeation. Build links with the Somali diaspoa The poposed TFG poliy would impove loal sevie delivey as a basis fo sustainable eoniliation and distibution of peae dividends and the building of a sustainable demoati system fo deentalized govenane. Loal govenane inteventions should be linked with distit-based eoniliation effots. Links also should be eated between the Ministy of the Inteio, the TFP, and the Fedeal Constitutional Commission, potentially though a subommission fo fedeal, deentalization, and loal govenane Pioity inteventions fo Puntland ae the following: Complete the seletion of the ounils in all distits. Stengthen the poliy-making apaity in the deentalization famewok. Stengthen the fisal famewok (taxation poliy and edistibution mehanisms). Futhe define the legal famewok fo deentalization and laifiation of ompetenies at diffeent levels. Build apaity fo bette aountability and legitimay (inluding ivil soiety). Have onfeenes on sevies as an institutional mehanism fo onsultation with the pivate seto and othe nonstate atos and failitate development of po-poo poliies. Povide investment funds to enable distit ounils to delive sevies. In the medium and long tem these investment funds should be eplaed by an ineased loal tax base and by fisal tansfe fom the ental govenment Pioity inteventions fo Somaliland ae the following: Suppot ompletion of deentalization efom, inluding futhe definition of the legal famewok and laifiation of ompetenies at diffeent levels. Povide tehnial assistane fo mehanisms fo inteinstitutional dialogue and subsidiaity. Povide tehnial assistane on state fisal tansfe, edistibution poliies, and po-poo sevie delivey. Suppot onfeenes on sevies to engage the pivate seto and othe nonstate atos in poliy development to extend sevie delivey to the poo and undeseved aeas, while exploing publi-pivate patneship. Suppot development of a sustainable and equitable tax base. Build apaity fo aountability, tanspaeny, and legitimay. 78

97 Povide investment funds to distit ounils fo apital development in soial sevies. SUBCLUSTER 4: CIVIL SOCIETY, PARTICIPATION, AND MEDIA Civil Soiety and Patiipation 354. Following the ollapse of the Somali state and the subsequent yeas of onflit, ivil soiety 45 in Somalia has emeged as an impotant soial and politial foe. Although elatively new phenomena in Somalia, ivil soiety oganizations ae today ative poviding sevies; ae ontibuting to peae, eoniliation, and development; and have taken on many of the taditional funtions of the state, inluding dispute esolution and seuity NGOs ae onentated in the majo ities of Bossaso, Hageisa, and Mogadishu. Pastoal aeas ae undeseved by both loal and intenational NGOs. NGOs also appea to polifeate in aeas whee intenational NGOs and UN agenies have established bases and pogammes. Thee ae few national NGOs, with the exeption of the Somali Red Cesent Soiety. The ativities of NGOs eflet egional vaiations. Many Mogadishu-based oganizations ae engaged in popula peae effots, wheeas in Somaliland, the ativities of NGOs have shifted fom ehabilitation effots to inlude attention to soial issues, inluding politial efom, human ights and feedoms, gende equity, and HIV/AIDS. At the ommunity level, eldes and taditional leades ae pimaily involved in peae building, onflit esolution, and dispute settlement. Religious goups have also emeged as a potent foe within ommunities, espeially in the fields of elief, eduation, and justie. Religious goups, though Koani shools, have been able to povide basi eduation, and shai a outs have eplaed govenment ule-of-law stutues in many pats of South Cental Somalia. Civil soiety oganizations have povided a signifiant avenue fo women to patiipate in publi life. Civil soiety oganizations ae an impotant platfom fo addessing human ights and gende issues Pofessional assoiations and netwoks ae a elatively new ategoy of ivil soiety atos. The geatest numbes of netwoks ae found in Mogadishu and Hageisa. Few netwoks and assoiations ae found whee aess and ommuniations ae onstained by inseuity and poo infastutue. Netwoks have tended to develop aound setoal speialization (fo example, FPENS, a national assoiation of eduational oganizations). Netwoks an also be egionally based and often epesent lan o egional inteests. Netwoks and assoiations ae often ompetitive, and often moe than one assoiation laims to epesent the inteests of a patiula goup. This ompetition is usually due to issues aound esoue aptue, lan divisions, and oganizational suvival A numbe of oganizations aoss the Somali egions suppot govenane, demoay, and eoniliation at national and egional levels. These inlude peae ativists, women and youth goups, eseah and advoay NGOs, netwoks, and eligious goups. The divesity of the goups is not just in the atos, but in the aims they pusue. Geneally speaking, ivil soiety 79

98 suppots the etun to the stability of peae and a politial envionment that eognizes thei onens and allows popula patiipation. This JNA finds that lage segments of ivil soiety want a voie in ensuing that govenment is aountable and led by demoati noms and poesses. Civil soiety oganizations ae aleady suppoting ivi and ights eduation poesses, patiulaly in the moe politially stable envionment of Somaliland, whee ivil soiety was ative in suppoting the poess of paliamentay eletions. 46 The maps in the Annex show the pesene of ultual goups and women s goups o assoiations (see annex) At the ommunity level, mehanisms exist that have been able to esolve disputes and eonile onfliting goups and lans. The lan in Somalia is often pesented as a ause of ongoing onflit and as an obstale to peae, yet the lan holds within its taditions the means, motivations, and expetise fo ontibuting to enduing peae, in patiula though xee (ustomay law). Civil soiety, as epesented by lan eldes and taditional and eligious leades, undetakes impotant eoniliation funtions, and this setion of ivil soiety will be uial to suppot state-led eoniliation. The hallenges faing lan eldes and eligious leades using taditional means ae aute, patiulaly in South Cental Somalia. Clan demogaphis and allianes have shifted ove the ouse of the ivil was, and land and othe esoue appopiation has aused geat hanges that will have to be the fous of muh effot. These fatos have impliations fo both taditional and govenmental eoniliation mehanisms. The eoniliation ontext is futhe ompliated by the loss of status of some eldes and taditional leades The Somali Islami tadition also suppots a ange of peae-building, justie, and dispute esolution mehanisms. In South Cental Somalia, whee onflit has been aute, shai a outs have evolved as an impotant ommunity mehanism fo adjudiating ases and estoing a level of law and ode. The viability of the shai a out system is impotant, and govenment- and dono-led poesses that seek to impose a entalized system of justie and ule of law will need to be awae of the dange of wittingly o unwittingly undemining loal systems of justie and eoniliation. Taditionally, eligious leades and goups did not engage in politial ativities o poliy influene in Somalia. Howeve, an emegent goup of eligious atos, influened by intenational tends, is now asseting that eligious leades should be patiipants in the politial field and shae in the politial powe stutues of the ounty. Membes of this goup would like to see the appliation of shai a in all sphees of soiety and in state legislation A ange of peae-building, eoniliation, and eseah oganizations have aisen ove the past 10 yeas in the egions of Somalia. 48 Thei undestanding of onflit and expetise in the field of onflit esolution and eoniliation has deepened with expeiene. Suh goups offe oppotunities to bing ommunities togethe though the establishment of dialogues fo peae. Civil soiety goups have even established neutal spaes in some aeas, whee eldes and lan leades an ome togethe and disuss issues. These poesses and pojets may also offe futue models and lessons fo enduing eoniliation With the emegene of tansitional fedeal stutues, the ole and natue of ivil soiety will neessaily hange in aeas of South Cental Somalia, and the ole of ivil soiety in elation to govenane will beome ineasingly impotant. This hanging envionment povides an impotant oppotunity fo Somali ivil soiety to develop and play a uial ole in stengthening popula patiipation, poviding hannels of dialogue and debate, exeting publi pessue, aising awaeness, and ating to impove govenment aountability. By woking with eletoal 80

99 ommissions and in paliamentay and onstitutional eviews, and by undetaking ivi and eletoal eduation, ivil soiety an have an impat on demoati hange Howeve, Somali ivil soiety oganizations uently suffe fom a ange of onstaints. The question of legitimay of the seto emeges as a key onstaint to the effetive opeation and impat of ivil soiety in all Somali egions. Legitimay is inextiably linked to lak of aountability and inadequate tanspaeny. Poblems inlude the polifeation of biefase NGOs that undemine the edibility of the NGO seto as a whole. Thee is no egistation o legal egulation of the seto in South Cental Somalia. Lak of egistation o of a legal famewok fo opeation ats as a deteent to diet funding fom intenational soues in some ases, thus, though it is impotant to safeguad thei independene, having a legal famewok might enhane fund aising by nongovenmental oganizations. Some NGOs ae peeived as having vague and ambiguous mandates and low impat in thei ativities, along with poo opoate govenane. Registation and egulation in Somaliland ae weakly enfoed Civil soiety is sometimes peeived as the peseve of wealthy and elite goups, usually uban based, that ae able to oganize themselves and seue esoues moe effetively than pooe o soially disadvantaged goups. Closely linked to issues of tanspaeny and aountability ae questions about epesentation. Communities, donos, and intenational agenies alike have diffiulty asetaining the onstituenies of ivil soiety and detemining whih oganizations moe genuinely epesent the onens and views of loal people. Civil soiety oganizations have also been peeived as politiized by lan politis and powe elations. If epesentation is peeived as unbalaned, it undemines the independene and legitimay of the ivil soiety seto in engaging in govenane issues. In geneal, the legitimate ole and funtion of ivil soiety oganizations ae questioned by the authoities; CSOs ae seen as ompetitos, not just fo esoues but also fo powe and influene The ange and divesity of Somali CSOs has stong positive aspets; it also has a downside. The lak of ommon agendas, oss-lan links, and expeiene woking in a moe egulated envionment, ombined with ompetition fo esoues, has led to ivaly and fagmentation in the fomally stutued pats of the seto. Additionally, individual oganizations often lak speialization. Thee is an absene of oodination mehanisms o abitation bodies that ould bing goups togethe to esolve issues. Although many poblems emain aound oodination and ollaboation, advanes have been made. Loal NGOs in all egions have been woking to fom nonstate ato foums and woking goups, and some taining has been povided, with intenational suppot. An example of the potential stength of ivil soiety when well oodinated is the appoah to the eletions in Somaliland. Intenational NGOs, inluding Oxfam Nethelands, Safewold, CARE Intenational, and WSP Intenational ae all suppoting ivil soiety in Somalia and ae pomoting enhaned oodination A fundamental issue fo ivil soiety is the death of finanial and human esoues uently available. The geneally weak apaity of oganizations is dietly elated to the loss of eduation, to inseuity, and to the migation of skilled labo and pofessionals The vision fo ivil soiety and patiipation is as follows: legitimate and edible NGOs, ivil soiety goups, and umbella oganizations and pofessional assoiations wok independently and with ineased apaity to suppot peae, demoay, and eoniliation in all Somali egions; the oganizations wok with ineased oodination and ollaboation among 81

100 themselves, taking on ative advoay oles, with effetive hannels of dialogue and mutual espet established between ivil soiety and govenment authoities; and ivil soiety influenes and patiipates in the onstitutional dialogue, peae building, deentalization poesses, and povety edution stategies The following pioity initiatives ae poposed to develop ivil soiety fo its ole in govenane: Help ivil soiety eate self-egulation mehanisms to enhane legitimay and build tanspaeny and aountability, inluding odes of ondut and standads of ethis, egulatoy ounils, and independent abitation bodies. Suppot eation of a system of legal egistation fo ivil soiety oganizations. Tain oganizations in oodination and ollaboation so that oganizations an bette suppot and effetively patiipate in national planning poesses. Tain membes of oganizations in ovesight and monitoing funtions to enable them to take an ative and effetive ole in govenane aountability. Enhane the apaity of CSOs and institutions to ontibute to poliy making and advoay. Suppot existing onflit pevention and management mehanisms at the ommunity level. Evaluate and develop the absoptive apaity and ompeteny of CSOs to manage extenal assistane. Enouage authoities to aept the elevane and neessity of engaging with ivil soiety. Enouage govenment poliies and egulatoy famewoks fo engaging with ivil soiety. Media 368. Sine 1991 a esugene in the Somali media seto has taken plae. Loal newspapes stated appeaing on the steets in Mogadishu and Hageisa just one yea afte the popula upising against the militay egime; howeve, thei distibution is limited to uban settings, as is evident fom the map in the annex. Today, pivate adio stations ae stiving to fill the infomation and ommuniation gap as well as povide news and entetainment. The infomation delivey apaities of these stations ae vey limited, and the pofessional skills of jounalists ae still low. Some funtion as popaganda outlets fo waing paties. Few have fomal jounalisti taining, and the publi fequently omplains about the lak of pofessionalism, haateized by bad epoting, unethial language, and poo pogamming and pesentation The tend in the media in Somaliland and Puntland as well as in South Cental Somalia seems to be towad a fee, maket-oiented system. In South Cental Somalia and Puntland, media businesses ae uently un on a fee-maket basis with no egulation whatsoeve. In the 82

101 ase of Somaliland, at pesent only one adio station (Radio Hageisa), whih is owned and ontolled by the govenment, and two TV stations (one state-owned and one pivate). Authoization fo new pivate adios is unde way Radio stations in Somalia ae the main tool to delive infomation and to aise publi awaeness. Howeve, oveage in ual and emote aeas, whee infomation is needed most, is limited. Low-ost ommunity adio stations o, altenatively, epeating stations in ual aeas should be onsideed to widen the oveage. Media oveage of women s onens is negligible. Most media houses ae managed by men, and the majoity of senio podues and jounalists ae men. Women s issues and views on seuity, soioeonomi, and politial issues ae ignoed, despite the fat that women have made inoads into publi life as beadwinnes, peae advoates, and ativists Cuently, at least half a dozen jounalist assoiations ae pesent in Somalia. The situation is extemely fluid given the lak of eithe an offiial o self-egulating system to establish ules and egulations fo assoiations. The majoity of these assoiations and thei membes ae new to the pofession and lak basi jounalisti skills, taining, and jounalism ethis. The jounalists assoiations bing togethe jounalists fom the pint media, adio jounalists, feelanes, loal epesentatives of intenational media oganizations, and othes. It is impotant fo the intenational ommunity to povide suppot and pomote seuity fo these jounalists assoiations, though taining in basi jounalist skills and by pomoting mutual solidaity among the jounalists and pess feedom. Extensive expeiene of UNESCO, UNICEF, and othe patnes in the media envionment, espeially the Bitish Boadasting Company, povide a good bakgound fo futhe pojets and enable onsideation of lessons leaned In Somalia the absene of a pofessional ode of ethis is efleted in the patisan behavio of the media. Intodution of an ethial appoah to jounalism and media podution ould ontibute signifiantly to a ultue of peae. The development of bette links, though apaity-building ativities, between ivil soiety goups and the intenational ommunity would inease and impove thei ollaboation, and maintain ontats fo apid esponse, as needed. Vision and Pioities fo Media 373. The vision unde the JNA is fo numeous and divese media hannels and outlets to funtion with independene and integity, poviding infomation, eduation, eeation, and ultue fo all Somalis. Media would use a divesity of dissemination methods and tehnology, inluding ICT, to eah and engage all Somalis. The availability of the Intenet is pesented in the map in the annex Pioity initiatives fo media ae gouped unde thee ategoies, as follows: A. Capaity building pioities fo the Somali media inlude: Map, assess, and suppot the media s apaity fo podution and distibution. Establish a media taining ounil and stengthen the taining of institutions. Tain taines on jounalism (basi skills and themati taining with a speifi fous on media-based ivi eduation). 83

102 Tain manages fo media outlets. Develop management and tehnial skills fo ommunity media. Develop uiulum fo media and jounalism studies. Establish a platfom fo development of pofessional assoiations and oodinated media taining. Use media as a tool fo ivi eduation. B. Pioities fo developing a ommuniation and infomation poliy famewok: Povide advisoy sevies fo dafting of media laws and egulatoy famewoks. Tain publi offiials on the piniples of feedom of expession, feedom of the pess, and the ight to univesal aess to infomation. Tain govenment offiials on infomation management. Coodinate and develop netwoks of media pofessionals. Establish a platfom fo patiipatoy development of egulatoy famewoks fo the Somali media though a patneship between Somali media institutions, human ights oganizations, intenational NGOs, and pofessional oganizations. Povide assistane fo the eation of an independent media ommission. Failitate publi ampaigns on fundamental ights (feedom of expession and univesal aess to infomation). C. Pioities fo developing ivi and soial eduation though ommunity media pogamming: Establish Communiation fo Peae entes. Tain ommunity agents on use of media at the ommunity level. Povide equipment fo publi infomation as well as fo evaluation and monitoing. Tain Communiation fo Peae ente staff on infomation management and adio podution tehniques. Oganize ommunity goups on adio podution and evaluation. Tain speialized adio teams on adio podution and sipt witing. Inlude women and youth patiipants and gende issues in all taining. Negotiate memoandums of undestanding with elevant authoities fo the setting up of ommunity peae entes. 84

103 85

104 3. RESULTS-BASED MATRIX OF OUTCOMES AND INTERVENTIONS Table 3.1: Somali JNA Results-Based Matix, Govenane, Seuity, and the Rule of Law Cluste Taget Outomes fo 2011 Baseline 2006 Reoniliation Constaints to Ahieving Outomes by 2011 Key Ations and Intemediate Outomes Reoniliation poesses sueed in pomoting DDR of militias and esolving land and popety disputes; eate onditions fo tansitional justie to satisfy the needs of Somali suvivos; eate a onduive envionment fo inteommunity dialogue and development of loal govenane, in whih eletions and politial dialogue will enable inlusive patiipation of all goups of soiety, inluding youth, women, and minoity goups. Fo Somaliland and Puntland: Poesses of TFG based on negotiated fomula fo powe shaing, not eoniliation. TFG agees to land and popety dispute settlement but has not established mehanisms o modalities fo implementation. Chate mandates inlusiveness fo all goups unde the 4.5 fomula and 12 quota fo women. Ative, amed onflit is ouing in pats of South Cental Somalia, with signifiant mobilization of militias and amament; DDR is pending in S-C. Constaints inlude mistust of the state among many Somalis; zeo-sum oneption of the state by most politial atos; existene of onflit onstituenies ; unesolved land and popety issues; unaddessed past imes and human ights violations; entenhed ultue of impunity; ultually santioned disimination of women, youth, and minoity goups, leading to widespead politial exlusion and gendebased violene; weak apaity of TFIs; lak of demonstated ommitment of waing fations in pats of S-C; ompeting lan inteests TFIs and S-C: Thee ommissions National Commission fo Reoniliation, Land and Popety Disputes Commission, and Paliamentay Committee fo Reoniliation and Popety Restitution suppoted and opeational. Poliy developed fo settlement of land disputes fo etunees. CSOs, taditional leades, walods, and othe onflit leades and itizens patiipating in eoniliation ativities of the TFIs. Mehanisms fo ontinued dialogue eated; TFI eoniliation institutions linked to DDR poess fo stonge ommitment to demobilization and bette eintegation. National dialogue on issues linked to eoniliation instuments, loal TFIs and S-C: TFI institutions ative in eoniliation, with itizen suppot and walod patiipation; majo disputes in poess of settlement. Poliy implemented fo settlement of land disputes fo etunees. Dialogue stated on linking of justie, tuth, and eoniliation poesses. Patiipation of women, youth, and minoity goups monitoed; speifi tagets fo epesentation and inlusion of issues implemented. Somaliland and Puntland: Reommendations on futhe dialogue towad dispute TFIs & S-C : TFI stutues esponsible fo peae-building and eoniliation suppoted (National Commission fo Reoniliation; Land and Popety Disputes Commission; Paliamentay Committee fo Reoniliation and Popety Restitution. CSOs involved in this field suppoted; inteommunity dialogue enouaged and itizen patiipation in statebuilding pomoted, espeially loal govenane; loal eoniliation poesses suppoted in stategi aeas and egions; tuth, justie, and eoniliation poesses linked, and mehanism fo tansitional 86

105 Taget Outomes fo 2011 Baseline 2006 eoniliation ae futhe developed fo dialogue towad dispute settlement, inluding youth, women, and minoity goups. Constaints to Ahieving Outomes by 2011 a baie to inlusion; septiism of many leades thoughout all Somali egions egading effetiveness of eoniliation by TFIs; fagmented effots of eoniliation impaied by disputes in othe distits o ommunities; ontinued intefeene by foeign o diaspoa inteests. eoniliation poesses linked to TFI institutions fo bette oveage of issues, and loal initiatives suppoted. Patiipation of women, youth, and minoity goups monitoed; speifi tagets fo epesentatives set and inlusion of issues implemented; taining wokshops onduted fo women, youth, and minoity goups, inluding key ommission leadeship, to effetively patiipate in ommissions fo eoniliation. Somaliland and Puntland: Committee to eview eoniliation poess established and suppoted, with monitoing and speifi tagets fo patiipation of women, youth, and minoity goups. Key Ations and Intemediate Outomes settlement followed up and justie established. suppoted and links established to TFG eoniliation poess. Patiipation of women, youth, and minoity goups monitoed; speifi tagets fo epesentation and inlusion of issues implemented. Patiipation of women, youth, and minoity goups monitoed, and speifi tagets fo epesentation and inlusion of issues implemented. Somaliland and Puntland: Ongoing poesses of eoniliation and dialogue developed and substantial dispute settlement ahieved; patiipation of women, youth, and minoity goups monitoed, and speifi tagets fo epesentation and inlusion of issues implemented. Rule of Law Impoved and equal aess of all Somali people, inluding vulneable and poo men, women, and hilden to basi stutues fo the administation of justie, funtioning in aodane with intenational human ights standads; all Thee soues of law (ustomay, shai a, seula) ovelap and ae sometimes ontaditoy. Challenge of establishing lea, effetive links between the thee diffeent legal famewoks; poo qualifiation of judges and lawyes; institutional weakness of Constaints of fomal judiiay stutues: weak apaities to intodue legislative hanges in the legal famewok; lak of a stategi famewok to develop the judiial system in a All egions: TFI Task Foe on Judiial Development and Integation eated; dialogue suppoted with links to onstitutional dialogue. Full inventoy and needs of judiial infastutue evaluated and stategi development plans developed, osts estimated, and pioities set. All egions: Stategi famewok finalized and implementation plans developed fo implementation of judiial integation. Basi stutues appoved, staff euited, systems to implement vision stated. TFG (S-C and Puntland) Pioity 1: Stategi famewoks developed fo vision and integation of thee soues of law. Basi stutues, staff, systems, and poesses in plae and in opeation to implement vision; legal taining povided. 87

106 Taget Outomes fo 2011 Baseline 2006 Somalis espetful of the ule of law and awae of thei ights and empoweed to exeise them. outs and legal poesses; geneal publi ignoane and distust of the fomal judiial system. Most key statutes outdated. Inequality of all Somalis befoe the law and unequal potetion unde the law, espeially fo women, hilden, and minoities. Constaints to Ahieving Outomes by 2011 systemati manne; low o absent epesentation of women and minoities in judiial stutues; aess to justie onstained by eonomi, soial, ultual, juidial, and physial fatos. Customay law is most aessible system, but limitations inlude onflits with intenational human ights standads and disimination against women. Shai a outs, found mostly in ities, emain weak given lak of qualifiations of shai a judges; some ases of influene by walods, fation leades, and new Islami goups. Key Ations and Intemediate Outomes Study on baies to aess to justie onduted, with patiipatoy and onsultative methodology; study on weaknesses in iminal justie hain initiated. Compehensive national and egional plans fo legal efoms and apaity development pogamme developed. Quik-impat legal taining onduted. Quik-impat onstution of judiial infastutue undetaken. Civi eduation stategy initiated and advoay mateials on itizen ights and aess to justie pepaed, linked to onstitutional dialogue ivi eduation poess. Quik-impat taining in human ights developed and onduted fo TFG membes and key offiials of infomal outs. Stategy fo stengthening espet fo human ights developed with infomal justie epesentatives and TFG. CSOs advoay ole and engagement stengthened. Content of legal taining developed with lessons fom quik-impat pogammes. Weaknesses in iminal justie hain disussed, and itizen patiipation and stategies to addess them developed. Studies undetaken on longtem egulation and mediation of land and popety disputes by judiial bodies. Long-tem judiial infastutue pogamme stated. Suppot to national human ights ommissions undetaken. Civi eduation on itizen ights and aess to justie stated (3-yea ativity); pilot ativities fom studies on nomative issues undetaken in selet distits, linked with ollout of ivi eduation. CSO initiatives funded that link to judiial integation. Pogamme to enhane Weaknesses in iminal justie hain identified and poess to addess them unde way. Land ights issues addessed, though ule of law. Rehabilitation and onstution of buildings with equipment onluded fo quik-impat esponse and unde way fo long tem. Baies to aess undestood and stategy to enhane aess developed. Suppot povided fo legal awaeness and legal and paalegal sevies; patneships with nonstate povides of justie established; efoms to state institutions to impove aess identified and implemented. Nomative famewok in plae to potet ights; ultue of human ights developed within ule-oflaw institutions; HR institutions established and stengthened and woking 88

107 Taget Outomes fo 2011 Baseline 2006 Seuity Constaints to Ahieving Outomes by 2011 Key Ations and Intemediate Outomes Basi sensitization, taining, and disussion of gende issues developed and onduted fo TFG membes, CSOs, and leading taditional and eligious leades. Child ights stategy developed. Speifi gende issues onsideed in evey ativity and gende tagets developed and monitoed. Study on nomative famewok to potet ights undetaken in all egions, inluding aess to justie and human ights issues. aess to justie developed and stated, inluding legal fund to enhane aess fo women, minoity goups, disabled, and undeaged; CSOs and pofessional goups suppoted to povide legal and paalegal sevies. Implementation of hild ights, gende ights, and human ights stategies unde way, with shot-, medium-, and long-tem goals speified, inluding mehanisms fo edess of gende-based violene at all levels; gende issues onsideed in evey ativity and gende tagets developed and monitoed. in patneship with ule-oflaw institutions; ovesight and aountability stutues established o stengthened. Gende stategy developed and implemented; hild ights stategy developed and implemented; human ights monitoed in all egions. Somaliland: Capaity building of fomal outs suppoted, inluding infastutue, taining, and legal mateials development. Aess to justie impoved though effiient pefomane of outs and enhaned awaeness of ights by all itizens; gende issues onsideed in evey ativity and gende tagets developed and monitoed. DDR: DDR substantially ahieved in all Somali egions. Somaliland: 50,000 ombatants demobilized; 15,000 20,000 absobed into amy, polie, govenment jobs; SOOYAAL failitated Lage-sale migation of loal population and militias; pevalent use of khat and othe dugs, and mental poblems elated to dug use and Somaliland and Puntland: Compehensive seuity seto eview and estutuing poess launhed; analysis and poposal fo optimal foe and foe edution Somaliland and Puntland: Foe edution exeise ompleted and eintegation assistane deliveed; implementation stated of Somaliland and Puntland: Seuity seto eview onduted and implemented; foe edution exeise 89

108 Taget Outomes fo 2011 Baseline 2006 eintegation but onstained by lak of esoues. Puntland: Of 15,000 fome militias, 6,500 etained in seuity foes o govenment jobs, 3,000 voluntaily demobilized and eintegated into ivilian life, 6,000 unemployed equie eintegation assistane. Dietoate of Demining, Demobilization, and Reintegation eated, pooly esoued but well managed. S-C: Ative fighting unde way, immediate hallenge to DDR. Constaints to Ahieving Outomes by 2011 taumati expeienes of violene. Violations of ams embago; need fo weapons ontols; lak of suppot fo DDR by ommand stutue of militias. Lak of employment oppotunities fo demobilized people; low skill, eduational and motivational levels of demobilized pesons; onflit onstituenies ; weakness of publi institutions. Lak of sexdisaggegated data on DDR. Key Ations and Intemediate Outomes exeise undetaken and adopted, inluding pepaation fo eintegation assistane. Study of needs and assistane stategy undetaken fo wa widows, ophans, disabled, and wa veteans; psyhosoial and tauma ounseling povided, espeially fo youth and hilden affeted by wa. S-C: Compehensive seuity seto eview onduted, with efeene to the NSSP; DDR Commission established. Selet pogammes fo DDR developed and launhed whee feasible, with TA o lessons fom Somaliland and Puntland. Speial pogammes fo youth and hild ombatants designed and launhed; sex -disaggegated data on DDR ompiled. Psyhosoial and tauma ounseling pogammes launhed, inluding speial pogammes fo youth and hilden affeted by wa. shot- medium-tem assistane fo wa widows, ophans, disabled, and wa veteans. S-C: DDR ontinued; suppot systems fo wa widows, ophans, disabled, and wa veteans designed and launhed. Psyhosoial ounseling entes being established fo gils and women affeted by sexual abuse duing onflit. onduted; foe equipped and tained; eintegation pogammes developed fo demobilized foes; suppot systems developed fo wa widows, ophans, disabled. and wa veteans. S-C: Pogammes developed and tagetted to aeas whee thee is ommitment to DDR; DDR Commission established; ompehensive seuity seto eview onduted; DDR initiatives developed and implemented, as feasible; speial pogammes developed fo youth and hild ombatants; suppot systems developed fo wa widows, ophans, disabled, and wa veteans. POLICE: Effetive, aountable ivilian polie sevie opeational thoughout all Somali egions, foused on loal needs poliing, within an Somaliland: Somaliland Polie Foe in existene, with membeship fom fome militias; low epesentation of women in SPF; opeating poedues simila to Somaliland and Puntland: Low budget; euitment patially motivated by eoniliation objetives and not ompetitive euitment; moe Somaliland and Puntland: Compehensive stategy developed fo integated polie foe (fomal and infomal polie); some infomal polie units mobilized as pilot unde ivilian ommand and ontol of polie of the state, pefoming Somaliland and Puntland: Pilot absoption monitoed and evaluated; stategy fo long-tem polie integation initiated. Human ights and skills taining ontinued. selet polie infastutue Somaliland and Puntland: Polie foe (fomal and infomal polie) integated, with absoption of elements fom infomal polie into state polie. Somalia Polie Foe 90

109 Taget Outomes fo 2011 Baseline 2006 oveall national o fedeal seuity famewok, with full involvement and oopeation of ivil soiety. fome Somalia Polie Foe of the 1970s; assistane fom UNDP eeived; low eduation levels and skill levels still expeted; foe omposition not epesentative aoss egions. Puntland: PLPF eonstituted with intention of amalgamating into futue SPF; foe onstituted of fome polie, militay, and militias; opeating poedues simila to those of deativated SPF; assistane fom UNDP eeived; polie taining aademy at Ano in opeation. Constaints to Ahieving Outomes by 2011 taining and equipment needed; geate pofessionalism needed; ime inidene and gende-speifi ime an issue; infomation on gende-based violene limited. Key Ations and Intemediate Outomes speifi, delegated funtions as pat of integated famewok fo poliing; taining designed and onduted on human ights fo fomal and infomal polie; skills development onduted fo the foe; assessment, osting, and pioitization of infastutue needs done; quik-impat infastutue and pojets implemented and equipped; aountability measues developed. Pogamme developed to impove onditions of sevie and inease euitment and etention of women; ank stutue evaluated; new standad opeating poedues eated; new unifoms designed and put into use. Patiipation of women monitoed and speifi tagets fo patiipation and inlusion of issues implemented. pojets implemented with equipment deliveed; aountability measues implemented; implementation stated fo impoved onditions of sevie; ation stated fo new ank stutue and new standad opeating poedues. Patiipation of women monitoed and speifi tagets implemented fo patiipation and inlusion of gende issues; taining begun of polie, judiiay, eldes on gende-based violene. Pogamme launhed to impove polie-ommunity elations. (SPF) being eativated; polie wok ontinued and onsolidated. Patiipation of women monitoed and speifi tagets fo patiipation implemented and gende issues inluded. South Cental: SPF in poess of eativation; poliing still done by infomal goups fom xee bodies, walods, fation leades, business inteests, shai a outs. Stategi development plan fo eativation of SPF pepaed at Kampala Semina South Cental Somalia: Challenge of eativating SPF with limited esoues; estimate of need fo 10,000 pesonnel with pope leadeship, taining, and equipment; uently only 600 spaes available fo Puntland: Stategy fo eativation of SPF developed with TFG. S-C: Stategy to eativate SPF developed, togethe with Puntland; apaity to implement NSSP developed; human ights taining fo fomal and infomal polie onduted, as feasible, using taining of taines fom Puntland; S-C: Stategy implementation begun to eativate SPF, as feasible; ontinuing implementation of NSSP;ompliane with human ights ineased and human ights taining suppoted; quik-impat S-C: As peae pemits, SPF pogessively eativatedto ensue law and ode; NSSP eviewed and implementation undeetaken; espet fo human ights by polie patied and monitoed; 91

110 Taget Outomes fo 2011 Baseline 2006 (2005). National Seuity and Stabilization Plan (NSSP) pepaed. Constaints to Ahieving Outomes by 2011 taining in SPF Aademy in Puntland; hallenge of integating infomal and fomal polie to seve the vaious systems of the judiiay (fomal and infomal); many aeas of S-C still in onflit, situation with DDR still pending. Key Ations and Intemediate Outomes assessment, osting, and pioitization of infastutue needs onduted, whee feasible; quikimpat infastutue and pojets implemented and equipped; aountability measues developed. Pogamme to impove onditions of sevie developed. Patiipation of women monitoed and speifi tagets fo epesentatives and inlusion of issues implemented. infastutue and equipping pojets suppoted; ank stutue evaluated; new standad opeating poedues developed; new unifoms designed and put into use;. Patiipation of women monitoed and speifi tagets implemented fo patiipation and inlusion of gende issues; apaity of gende and human ights netwoks expanded to suppot suvivos of abuse; pogamme launhed to impove polie-ommunity elations. polie tained in skills and human ights. Polie infastutue ebuilt, aoding to long tem plans; aountability measues developed and onditions of polie sevie impoved. Rank stutue eviewed and efomed, militaisti behavios and poedues edued; new standad opeating poedues eated; new unifoms in use. Patiipation of women monitoed, speifi tagets fo patiipation implemented, and gende issues inluded. MINE ACTION: Mines and unexploded odnane ae substantially leaed, with suvivos assistane pogammes established and national apaities fo mine isk eduation and leaane opeational. Somaliland and Puntland: 75 high- and medium-pioity aeas leaed. One INGO eah onduting mine and UXO leaane; no national apaity; two opeational polie EOD teams in Hageisa and othes tained, not opeational; no equipment o speial taining; limited ommand and ontol, oodination, epoting systems. Deed of Commitment signed by Somaliland and Puntland : Lak of intenational funding fo national leaane apaity, taining, equipment, opeating expenses, and monitoing ; lak of tehnial pouement apaity ;Somaliland not onsideed «State Paty», thus unable to aede to LMBT ; suppot needed fo stokpile destution ;limited Somaliland and Puntland: One tained/opeational mine leaane team put in plae in Somaliland Amy and one in enginee omponent of Daawish, with C/Cl and oodination mehanisms funtioning; five polie EOD tained and opeational; IEDD taining onduted fo Hageisabased and Gaowe-based polie teams; monitoing and supevision put in plae; stokpile destution onduted. Govenment omplying with Deed of Commitment. TA attahed to the SMAC and PMAC with five ommunity liaison teams Somaliland and Puntland: Completion of one INGO pogamme (all ations fo eah egion); seond national mine leaane team tained and opeational; five polie EOD opeational; IEDD taining of emaining polie EOD teams begun; supevision and monitoing ongoing; stokpile destution ongoing. Govenment omplying with Deed of Commitment. TA attahed to SMAC; five ommunity liaison teams o Somaliland and Puntland: Capaity-building pogamme suppoted;. Govenment fully esponsible fo mine and UXO leaane; five tained polie EOD opeational, with C/C and M&E; taining ongoing; IEDD esponses/needs eviewed; stokpile destution. ompleted; Govenment omplying with Deed of Commitment; TA attahed 92

111 Taget Outomes fo 2011 Baseline 2006 Somaliland govt.; limited MRE apaity (UNICEF assist); no ental database on suvivos o sustainable suppot netwok; limited speialized agenies fo posthesis; no emegeny o aseva apaity; SMAC and PMAC established but with limited oodination; poliies and plans developed. South Cental: No intenationally suppoted mine leaane pojets; some loal knowledge and apaity in some aeas; one tained polie EOD team in Jowha, not opeational; no equipment o speial taining; limited apaity, no onfimation of tagets, ahievements, statistis; TFG willing to sign MBT when situation stable; limited o no advoay onduted in S/C; no ental database on suvivos o sustainable suppot Constaints to Ahieving Outomes by 2011 health failities fo teatment of suvivos ; intenational advisoy and monitoing suppot withdawn ; lak of inteest fom within gov and fom Intenational donos/un South Cental Somalia: Lak of intenational funding fo national leaane apaity, taining, equipment, opeating expenses, and monitoing; lak of tehnial pouement apaity; TFP endosement to sign MBT; esistane of fations and militias to delaing and suendeing stoks fo disposal, not willing to patiipate; mineaffeted aeas inaessible owing to seuity issues; some disputed bodes of distits, egions; poo geospatial data; limited Key Ations and Intemediate Outomes established, and messages developed fo adio/tv; TA team established in Ministy of Health. liteatue developed and distibuted and wokshops onduted on suvivo needs; employment pogamme fo suvivos initiated; SMAC funtioning, with staff euited and tained; poedues and equipment opeational. South Cental Somalia: One mine leaane team fo two mine-affeted aeas tained and opeational, with ommand and ontol and oodination stutues in plae; thee tained polie EOD opeational; IEDD taining povided. Establishing C/C, oodination, and M&E systems; onduting stokpile destution. TFG in ompliane with Deed of Commitment; TA in plae. Community liaison teams established fo publi infomation; adio/tv ampaign developed. TA team established in Ministy of Health;liteatue, wokshops, and employment pogammes LNGO ative; publi infomation ontinued; TA to Ministy of Health, wokshops and employment pogammes fo suvivos ontinued; SMAC funtioning; intenal management poedues in plae; systems in plae fo liensing; govt. ontibuting finanial suppot to SMAC and PMAC. South Cental Somalia: Two moe mine leaane teams opeational; six polie EOD opeational; C/C, M&E systems in plae; IEDD taining povided. Conduting stokpile destution; TFG omplying with Deed of Commitment; TA advises in plae and ommunity liaison teams o NGOs poviding publi infomation. TA team in Ministy of Health suppoted; suvivo assistane pogammes ontinued. LIS ompleted in two moe zones; suvey teams opeational and equipped; IMSMA opeational; QAM of LIS ompleted and esults to SMAC; publi infomation pogamme ongoing. TA team suppoted in Ministy of Health; wokshops and employment fo suvivos ongoing; SMAC and PMAC downsizing stated; IMSMA maintained; intenational team withdawn on ompletion of 2011 tasks. South Cental Somalia: Capaity-building pogamme ompleted, with fedeal govenment fully esponsible; two tained EOD teams opeational with C/C, M&E, systems opeational; IEDD taining povided; stokpile destution ongoing o ompleted; govt. ompliant with Deed of Commitment; govt. meeting obligations of MBT; TA team downsized, with M&E funtions etained; emainde of CLT/LNGO teams tained, equipped, deployed; TA team suppoted in Min. of Health ; suvivos suppot pogammes ongoing; 93

112 Taget Outomes fo 2011 Baseline 2006 netwok; no known speialized agenies fo posthesis; no emegeny o aseva apaity; no eods on mine fields o UXO loations; no defined pioities; no opeational plans; ineased poblems due to eent fighting; no management o oodinated mehanisms fo mine ation. Constaints to Ahieving Outomes by 2011 health failities fo teatment of suvivos. Key Ations and Intemediate Outomes developed fo suvivos. LIS ompleted in two zones; suvey teams euited, tained, deployed; IMSMA established, equipped; QAM of LIS ompleted and esults published; fedeal MACC established within TFIs; two egional MACCs established; poliy dafted and submitted to TFP; stategy developed and oodination established in TFG; Somali MACC staff euited and tained; equipment poued; MACC QA teams seleted, tained, deployed. published; fedeal MACC opeational; mine ation poliies adopted and implementation stated; MACC QA teams seleted, tained, deployed. IMSMA maintained and updated; national and egional plans finalized; leaane opeations fo on high- and medium-pioity aeas neaing ompletion; fedeal MACC onsolidated and opeational without diet TA; two moe egional MACCs established. Govenment, Publi Administation, & Aountability Constitutional Poess: S/C and Puntland: New onstitution fo a fedeal Somalia pepaed in an inlusive, patiipatoy manne involving all setos of the population and adopted by popula efeendum, laying the goundwok fo a legitimate fedeal Somali state. Somaliland onstitution in plae; onstitutional poess not a majo issue fo Somaliland. TFG: Tansitional fedeal hate mandates dafting and adoption of onstitution within 2½ yeas. FCC appointed but not all ommittees and tehnial expets established (as of July 2006). Poess fo dafting onstitution not pesibed in hate. Oppotunities fo eoniliation eated by poess, but also isks of divisions and onflit ove issues of land and popety disputes, displaed pesons, bounday disputes, and optional legal famewoks. FCC, ommittees, and subommittees established, with minimum epesentation of women and minoities on elevant issues and linked to setoal efom poesses unde way by the TFG. Task foes established and suppoted to esolve tansitional issues; inlusive and gendeesponsive ivi eduation ampaign designed and launhed; inlusive and gende-esponsive onstitutional dialogue developed and launhed, with funding fo ivil soiety engagement. Continued implementation of wok of ommittees, task foes, ivi eduation ampaign, and onstitutional dialogue; links to setoal efom poesses maintained; dafting of onstitution suppoted and ompleted; validation poess designed and pepaed; patiipation and inlusion of all stakeholde views monitoed; suppot to ivil soiety ontinued. Validation poess implemented; new onstitution launhed with postlaunh ivi eduation ampaign designed and onduted, inlusive of women and minoities; ivil soiety patiipation suppoted in onstitutional poess. 94

113 Taget Outomes fo 2011 Baseline 2006 Constaints to Ahieving Outomes by 2011 Key Ations and Intemediate Outomes Demoatization and Eletoal Poesses Multipaty demoay with inlusion of women, youth, and minoity goups effetive in all Somali egions, with apaity built to move fom a lan-based system towad multipaty demoay. Clan-based seletion of epesentative to deision-making bodies; no ensus o vote egistation systems; no legal famewoks in plae; almost no patiipation of women o youth in seleted offies and few women in uppe-level govenment jobs, o othe positions of authoity o leadeship. Histoial expeiene of lan-based politial paties; little o no expeiene with demoati eletions; lak of infastutue fo ensus and egistation poesses; low liteay level; lak of patiipation by women and youth in positions of authoity, woking against thei unning fo offie and being eleted. TFG: Reseah stated on politial patiipation in loal ommunities, to ontibute to demoati poesses; eseah stated on inlusion of women, youth, and othe undeepesented goups. TFG: independent eletoal ommission established; eletoal legal famewok dafted and adopted; pepaations made to ondut national ensus and vote egistation; ivi eduation designed fo eletoal poess. with speial fous on gende and youth issues and patiipation; affimative ation suppoted fo women; pepaations made fo multipaty system with ivi eduation and taining of ivil soiety leadeship. TFG: Institutional suppot extended to paliament, the eletoal ommission, and loal authoities fo eletoal poesses; ensus and vote egistation being onduted; ivi/vote eduation pepaed and onduted, with speial fous on gende and youth patiipation. Puntland: Politial paty system initiated; ivi/vote eduation pepaed, with speial fous on gende and youth patiipation, inluding affimative ation; pesidential and paliamentay eletions in pepaation. Somaliland: Institutional suppot extended to Paliament, the eletoal ommission, and loal authoities; vote egistation system eviewed and developed; Puntland: Pepaations made to ondut pesidential and paliamentay eletions, with speial fous on patiipation and inease of women, youth, and othe undeepesented goups to eleted offie; affimative ation suppoted fo women. Somaliland: Constitutional legal eview ontinued; ivi/vote eduation suppoted, with fous on patiipation and inease of Puntland: Pesidential eletions onduted; ivi/vote eduation pepaed and onduted, with speial fous on gende and youth patiipation. Somaliland: Eletions 2008/2010 pepaed and onduted; CSO patiipation as monitos suppoted; ivi/vote eduation pepaed and 95

114 Taget Outomes fo 2011 Baseline 2006 Constaints to Ahieving Outomes by 2011 onstitutional and eletoal legislation eview suppoted. Key Ations and Intemediate Outomes CSO patiipation in ivi eduation suppoted; pepaations suppoted fo loal and pesidential eletions ; ivi/vote eduation pepaed and onduted, with speial fous on gende and youth patiipation. women, youth, and othe undeepesented goups in eleted offie; affimative ation fo women suppoted; loal eletions onduted; pesidential eletions 2008 onduted. onduted, with speial fous on gende and youth patiipation. Ahitetue of Govenment Minimal, lean, effiient fedeal stutue of institutions to seve egions and loalities and embody good govenane poesses of tanspaeny, aountability, and patiipation; deentalization stutues fo loal govenane well defined and opeational. Tansitional hate with established ties and basi funtions of govenment; existing omposition of 275 membes of Paliament with 84 ministes and deputy ministes and five ministes of state; too many ministies fo the available esoues; no ivil sevie; 12 offiial quota fo women but only 8 uently in paliament. Geneal distust of govenment by itizens and ivil soiety leadeship; tendeny to appotion influene and positions to lans; lak of patie of aountability, tanspaeny, and patiipation; speifi esponsibilities o funtions of eah tie of govenment not identified by hate. TFG: Study to detemine optimal funtions fo eah tie of govenment initiated aoding to hate; detailed funtions fo eah ministy and depatment developed, staffing needs, budget and euitment, and deployment plan detemined fo eah ministy and depatment. TFG: Implementation of plans fo fedeal, state, egional, and loal ahitetue of govenment suppoted aoding to budgets and esoue apaity. TFG: Implementation suppoted of plans fo fedeal, state, egional, and loal ahitetue of govenment, with objetive of minimal, lean, effiient fedeal stutue of institutions, with Puntland integated into fedeal ahitetue of govenment; deentalization stutues and funtions well defined and basially opeational. Paliaments of Somaliland, Puntland, and TFP: Capaity building pogammes developed fo epesentation of onstituenies; ommittees suppoted, espeially those with ovesight funtions; staff Paliaments of Somaliland, Puntland, and TFP: Capaity developed fo epesention of onstituenies; taining onduted on piniples of good govenane; suppot ontinued fo ommittees, Paliaments of Somaliland, Puntland, and TFP: Capaity built fo onstitueny epesention; piniples of good govenane developed; ommittees suppoted and 96

115 Taget Outomes fo 2011 Baseline 2006 Constaints to Ahieving Outomes by 2011 Key Ations and Intemediate Outomes and TA povided fo pioity setos (seuity seto, publi finanial management, loal govenane, soial sevie delivey); staff and TA povided fo legal dafting. espeially those with ovesight funtions; staff and TA fo pioity setos suppoted (seuity seto, PFM, loal govenane soial sevie delivey); staff and TA suppoted fo legal dafting. funtioning, espeially those with ovesight funtions; staff and TA suppoted fo pioity setoal issues (seuity seto, PFM, loal govenane, soial sevie delivey); staff and TA suppoted fo legal dafting. Capaity fo Govenment Institutions and Civil Sevie Tehnially ompetent, opeationally effiient, and aountable publi institutions, apable of building peae and pomoting human development to ahieve the Millennium Development Goals. No ivil sevie; weak o nonexistent finanial management systems and ompetenies; undestaffed Paliament and mostly inexpeiened MPs. Contadition between desie fo effetive govenment and lak of esoues to suppot it; itizen expetations that peae and eation of TFIs should esult in impovement of the eonomy, employment, and sevie delivey; need to delive a peae dividend ; need to eintegate militias with low skill levels o adaptability fo absoption into publi seto institutions; no systemati human esoue development fo govenment sevie in ove 15 yeas; few taines available fo ivil sevie apaity TFG: Capaity-building pogamme established fo Paliament; Civil Sevie Commission suppoted with euitment of dietos and key staff tained in poliy analysis, human esoue management, publi finanial management, othe itial apaities; euitment and taining suppoted of key staff fo selet ministies; all ivil sevants tained in ethis, tanspaeny, aountability; ompehensive apaity pogamme pepaed fo TFG; ICT used fo taining; needs assessment onduted fo gendesensitive taining. Gende equity and aess pomoted, with affimative ation poliies developed and applied. TFG: ompehensive apaity building suppoted fo all ivil sevants. Gende equity and aess pomoted with affimative ation poliies developed and applied. Patneships developed at tehnial level with Somaliland and Puntland ivil sevies, espeially fo taining. TFG: Civil Sevie Commission established; euitment and taining poliies adopted; odes of ondut adopted and ivil sevants tained in ethis, tanspaeny, and aountability; pefomane systems established and pesonnel tained fo monitoing and evaluation; ightsizing onduted; gende equity and aess pomoted, with affimative ation poliies. 97

116 Taget Outomes fo 2011 Baseline 2006 Constaints to Ahieving Outomes by 2011 building; little expeiene of itizens o publi sevants with systems of aountability, tanspaeny, and patiipation. Key Ations and Intemediate Outomes Somaliland and Puntland: Civil sevie efom developed; poliy made fo staffing stutues, funtions, salaies, euitment, pomotion, taining; apaity developed in ministies fo planning, poliy analysis, and monitoing of soial sevie povision, inluding patneships with nonstate atos; tanspaeny and aountability ineased; audito geneal s offie evaluated and stengthened; ompehensive apaity-building pogamme developed fo ivil sevie, in oodination with TFG; ICT used fo taining and oodination; needs assessment onduted fo gendesensitive taining; gende equity and aess pomoted with affimative ation poliies; onflit sensitivity and peae building inopoated into poliies and taining. Somaliland and Puntland: Implementation of ivil sevie efom suppoted, inluding ightsizing; ompehensive apaity building suppoted fo ivil sevie; pefomane monitoed of tanspaeny and aountability; systems suppoted fo aountable and effiient publi finanial and human esoue management; patneships developed at tehnial level with TFG ivil sevie; ICT used fo taining and oodination; gende equity pomoted with affimative ation poliies. Somaliland and Puntland: Lean, ompetent, ightsized ivil sevie euited and tained, with systems fo aountability and tanspaeny established in evey offie; speial systems fo aountability and tanspaeny eated, in opeation fo finanial management and peiodially eviewed by independent evaluatos; ICT used fo taining and oodination; gende equity and aess pomoted with affimative ation poliies; onflit sensitivity and peae building inopoated into poliies and taining. Loal Govenane Well-defined, opeational deentalization stutues fo loal govenane in all All egions: Following 1991 ollapse of the state, subsequent fagmentation, and loalization of politis : loal initiatives Citizen onfidene in loal govenane but lak of esoues to effetively suppot vigoous loal sevie delivey; gap in aess TFG and S-C: selet distits suppoted in eoniliation and peae-building initiatives; soial sevie povision expanded in selet distits with esoue mobilization by ommunity bodies with TFG and S-C: expansion of suppot to distits in eoniliation and peaebuilding initiatives; soial sevie povision expanded with esoue mobilization TFG and S-C: Development of loal govenane suppoted, as mandated in the new onstitution; implementation plans 98

117 Taget Outomes fo 2011 Baseline 2006 Somali egions, with funtional and fisal deentalization that ae patiipatoy and inlusive of all population goups, inluding women; that failitate delivey (dietly o indietly) of good-quality, eliable, affodable, and sustainable sevies to all itizens; and that ontibute to eoniliation and bidge the uban/ualpastoalist divide though effetive popoo poliies. and nonstate atos emeged to povide sevies; fomal systems eplaed by infomal stutues of loal govenane. S/C: No fomal loal govenment in opeation. Puntland: Deentalization system adopted fo devolution of sevies to distit ounils, but not fully opeational; low budgets, low apaity to delive. Somaliland: System of deentalization to distit ounils in plae; low sevie delivey due to low level of esoues; some limited evenue tansfes. Both Somaliland and Puntland: Gap in aess to sevies of poo and ualpastoalist populations; self-appointed egional administations in some Constaints to Ahieving Outomes by 2011 to soial sevies, espeially by poo and ual-pastoalist populations; lak of onfidene o patie of taxation fo loal govenane; Deentalization mandated by TFC, but no solution to lak of esoues at loal level. Key Ations and Intemediate Outomes tanspaeny and aountability; involvement of infomal loal govenane bodies suppoted in the onstitutional dialogue. Somaliland and Puntland: Govenment assisted to ondut ompehensive eview of sevie delivey in all distits; soial sevie povision expanded in selet distits with esoue mobilization by ommunity bodies with tanspaeny and aountability; planning tool fo use in soial sevie povision and monitoing developed; inopoation of gende issues into all poliies ensued, inluding affimative ation fo employment and aess to sevies. Fo Puntland, seletion of all distit ounils ompleted. by ommunity bodies with tanspaeny and aountability; involvement of infomal loal govenane bodies suppoted in the onstitutional dialogue. Somaliland and Puntland: apaity building and ivi eduation ontinued fo tanspaeny, aountability, and patiipation in loal govenane; ompehensive taining pogamme developed fo loal govenment staff, espeially those in finanial and human esoue management; gende issues inopoated into all poliies, inluding affimative ation fo employment and aess to sevies. suppoted fo fisal and funtional deentalization and pogammes suppoted to pomote patiipation and inlusion of all population goups in loal govenane; affimative ation fo women, youth, and minoities suppoted in loal govenment stutues. Somaliland and Puntland: implementation of deentalization efom suppoted; administative apaity of existing loal govenments suppoted to develop viable fisal systems and implement sevie delivey fo all onstituents though patneships with nonstate atos o with diet sevie povision; apaity built fo bette aountability, tanspaeny, and itizen patiipation; plans developed fo loal eletions; investment funds suppoted to develop soial apital and enouage and leveage loal esoue mobilization fo soial apital development; gende issues inopoated 99

118 Taget Outomes fo 2011 Baseline 2006 egions; seleted offiials in most loalities; distit ounils moe suessful than egional bodies. Civil Soiety, Patiipation and Media Constaints to Ahieving Outomes by 2011 Key Ations and Intemediate Outomes into all poliies, inluding affimative ation fo employment and aess to sevies. Civil Soiety and Patiipation: Legitimate and edible NGOs, CSOs, umbellas, and pofessional assoiations woking with ineased apaity to suppot peae, demoay, and eoniliation in all Somali egions; ineased oodination and ollaboation among NGOs, women s goups, and othe nonstate atos; taking on ative advoay ole with authoities and hannels of dialogue established and espeted by ivil soiety and the authoities; influene and patiipation of ivil soiety in povety edution stategies, peae building, and Mapping of ivil soiety available (Oxfam Nethelands and Safewold); ode of ondut (2002) not being used; no ompliane mehanisms fo selfegulation; vaious pojets unde way to build nonstate apaity fo peae, eoniliation, and demoati poesses (Oxfam Nethelands, Safewold, WSP-intenational); nonstate ato woking goups established in eah egion; NSA foum emeging; INGOs suppoting impoved aountability of NGOs and CSOs; taining of ivil soiety on the EU and Cotonou ageements undetaken in all egions; Somaliland eletion poess inludes boad patiipation of ivil soiety. Diffiult, sometimes tense elations between ivil soiety and govening authoities in eah egion; govening authoities sometimes seeing seto ompeting fo esoues; ivil soiety sometimes peeiving authoities as laking legitimay and not onened with welfae of the people. Study onduted on pevious ompliane mehanisms and poposal developed fo enhaned self-egulation mehanisms with ompliane and abitation mehanisms; TFG, Somaliland, and Puntland govts. suppoted to develop legal famewok and egistation fo NGOs and CSOs; ivil soiety oganizations suppoted, with speifi pojets fo patiipation in onstitutional dialogue, development of gende patiipation in govenane at all levels, engagement in the eoniliation poess, human ights, and aess to justie (see also Rule of Law). Civil soiety self-egulation mehanisms adopted and suppoted by NGO onsotium, inluding odes of ondut adopted by at least 50 of majo NGOs, pofessional assoiations, and umbella oganizations in all egions. Codes of ondut eated and in use by ivil soiety oganizations; selfegulation mehanisms endosed and used by at least 75 of NGOs, CSOs, and pofessional assoiations, inluding mehanisms fo ompliane and abitation; ivil soiety oganizations engaged by govt. in peditable and meaningful ways, espeially in povety edution stategies and patiipation in demoati poesses. 100

119 Taget Outomes fo 2011 Baseline 2006 deentalization poesses. Constaints to Ahieving Outomes by 2011 Key Ations and Intemediate Outomes Media and Infomation: Numeous and divese media hannels and outlets funtioning with independene and integity; poviding infomation, eduation, eeation, and ultue fo all Somalis, with gende sensitivity and using a divesity of methods of dissemination and tehnology, inluding ICT, to eah and engage all Somalis. Weak Infomation delivey apaities of adio stations, with low pofessional skills; no independent o selfegulated body to establish odes of ondut fo ethis and pofessionalism; intefeene of loal authoities in some ases with boadasting by adio o TV stations o pogamme eeption. State monopoly of media ( ) eating distust of ole of govenment in media poliy o egulations; multiple adio stations ontolled by fations pepetuating patie and publi peeption of media as a tool fo speial inteests; lak of taining of media and ommuniations pesonnel. Design of ommuniation and infomation platfom suppoted, inluding media outlets and ICT, to failitate dialogue and pomote objetive tansmission of infomation and news with impatiality and pofessionalism; limited sale and omplementay infastutue suppoted to enable some outlets to expand oveage quikly, in suppot of emeging onstitutional, eoniliation and eovey initiatives; media pogamming suppoted that enables dialogue and pesentation of diffeent viewpoints, espeially the views of women, youth, and undeepesented goups. Communiation and infomation poliy famewok developed; investment suppoted in ommunity media o selet pivate outlets to implement the design of a ommuniations and infomation platfom, inluding ICT, oveing all Somali distits; media pogamming suppoted that enables dialogue and pesentation of diffeent viewpoints, espeially the views of women, youth, and undeepesented goups; taining of jounalists and ommuniations pesonnel suppoted to inease thei pofessionalism, espeially in ethis and new tehnologies; affimative ation pomoted fo women and youth in the media. Teiay and tehnial eduation suppoted in ICT, inluding use of ICT fo jounalism and ommuniation taining in gende issues suppoted; affimative ation pomoted fo youth and women in the media. 101

120 ANNEXES MAPS Map 1: Community Peeption of Povision of Justie at Settlement Level Map 2: Community Peeption of Management of Peae & Seuity at Settlement Level Map 3: Community Peeption of Reoniliation of Disputes at Settlement Level Map 4: Community Peeption of Govenane at Settlement Level Map 5: Pimay Poblems Impeding Development at Settlement Level Map A6: Pesene of Soial Goups within Settlements (ultual goup o assoiation) Map A7: Pesene of Soial Goups within Settlements (women s goup/assoiation) Map A8: Pesene of Soial Goups within Settlements (ommunity seuity goup) Map I9: Availability of Intenet and Failities within Settlements Map I10: Availability of Newspapes/Newslettes within Settlements Map J3: Awaeness of Land Mines o Unexploded Odnane (UXO)

121 Map 1: Community Peeption of Povision of Justie at Settlement Level Community Peeption of Povision of Justie at Settlement Level, 2006 (Daft) Distit bounday Regional bounday National bounday Povety Analysis and Monitoing S CALUULA S S U QANDALA S S BOSSASO S U S ZEYLAC LAASQORAY Awdal LUGHAYE CEERIGAABO S S S U S S S BAKI BERBERA Sanaag S ISKUSHUBAN BORAMA U S U S S S S CEEL AFWEYN Woqooyi SHEIKH GEBILEY Bai Galbeed S S QARDHO BURCO HARGEYSA BANDARBEYLA TALEEX S OWDWEYNE XUDUN CAYNABO Togdhee Sool BUUHOODLE U S U S S GAROOWE LAAS CAANOOD Nugaal S EYL S BURTINLE S S JARIIBAN GALDOGOB GAALKACYO U S S CADAADO S Mudug CABUDWAAQ DHUUSAMARREEB U S HOBYO S Galgaduud S U S CEEL BUUR S S S BELET WEYNE XARARDHEERE CEEL BARDE S U S S YEED S S S S S S Bakool Hiaan XUDUR U S S U S S S S U S S S POVERTY REDUCTION AND SUSTAINABLE S TAYEEGLOW DOOLOW CEEL DHEER BULO BURTO WAAJID LUUQ ADAN YABAAL BELET JALALAQSI XAAWO BAYDHABA GARBAHAAREY S S LIVELIHOODS (PRSL) PROGRAMME S U QANSAX Gedo DHEERE S Somalia S U S Legend S S WANLA WEYN JOWHAR CADALE Bay CEEL WAQ BALCAD Shabelle Dhexe BAARDHEERE S U S Justie is povided by: S BUUR HAKABA AFGOOYE DIINSOOR MOGADISHU QORYOOLEY Banaadi SAAKOW KURTUNWAAREY MARKA Juba Dhexe Shabelle Hoose SABLAALE BU'AALE BARAAWE Community eldes (Odayaasha deegaanka) S AFMADOW S Judiiay (Maxkamadda) JILIB S Shaia (Shaeeada) JAMAAME Juba Hoose U S S Distit towns KISMAAYO U Regional towns BADHAADHE S N Kilometes Kilometes The map is based on the esponse of the fous goups inteviewed duing the settlement ensus that was implemented unde the Somalia Wathing Bief (SWB)/Low Inome Counties unde Stess (LICUS) pojet, jointly funded by UNDP and the Wold Bank. The ensus oveed ove 90 of the settlements and wate points in Somalia. Howeve, some of the settlements (in South Mudug; Galgadud; and pats of Lowe Juba and Gedo) ould not be oveed due to inseuity o landmines, and hene have not been epesented. The map povides the peeption of the fous goup in eah settlement on who povides justie in that patiula settlement, out of a ange of options. The egional and distit boundaies eflet those endosed by the Govenment of the Republi of Somalia in

122 Map 2: Community Peeption of Management of Peae & Seuity at Settlement Level Community Peeption of Management of Peae and Seuity at Settlement Level, 2006 Povety Analysis and Monitoing S CALUULA (Daft) S S QANDALA U S S BOSSASO S U S ZEYLAC LAASQORAY Awdal S S S U S S S LUGHAYE CEERIGAABO BAKI BERBERA Sanaag ISKUSHUBAN S U S U S S S S BORAMA CEEL AFWEYN Woqooyi SHEIKH GEBILEY Bai Galbeed S S QARDHO BURCO HARGEYSA BANDARBEYLA TALEEX OWDWEYNE XUDUN S CAYNABO Togdhee Sool BUUHOODLE U S U S S GAROOWE LAAS CAANOOD Nugaal EYL S S BURTINLE S S JARIIBAN GALDOGOB GAALKACYO U S S CADAADO S Mudug CABUDWAAQ DHUUSAMARREEB U S HOBYO S S U Galgaduud S CEEL BUUR S S S BELET WEYNE XARARDHEERE CEEL BARDE S U S S YEED Bakool Hiaan XUDUR S S S S S S DOOLOW U S S U S S S S U S S S S S TAYEEGLOW CEEL DHEER BULO BURTO WAAJID LUUQ ADAN YABAAL BELET JALALAQSI XAAWO BAYDHABA GARBAHAAREY QANSAX S POVERTY REDUCTION AND SUSTAINABLE S LIVELIHOODS (PRSL) PROGRAMME U Gedo DHEERE S S Somalia U S S S WANLA WEYN JOWHAR CADALE Bay CEEL WAQ Legend S U S S Peae and seuity managed by: BALCAD Shabelle Dhexe BAARDHEERE BUUR HAKABA AFGOOYE DIINSOOR MOGADISHU QORYOOLEY Banaadi SAAKOW KURTUNWAAREY MARKA Juba Dhexe Shabelle Hoose SABLAALE BU'AALE BARAAWE Administation (Maamul) S AFMADOW S JILIB S Shaia (Shaeeada) JAMAAME Juba Hoose U S KISMAAYO S Distit towns U Regional towns BADHAADHE S N Kilometes Kilometes Community eldes (Odayaasha deegaanka) Distit bounday Regional bounday National bounday The map is based on the esponse of the fous goups inteviewed duing the settlement ensus that was implemented unde the Somalia Wathing Bief (SWB)/Low Inome Counties unde Stess (LICUS) pojet, jointly funded by UNDP and the Wold Bank. The ensus oveed ove 90 of the settlements and wate points in Somalia. Howeve, some of the settlements (in South Mudug; Galgadud; and pats of Lowe Juba and Gedo) ould not be oveed due to inseuity o landmines, and hene have not been epesented. The map povides the peeption of the fous goup in eah settlement on who manages peae and seuity in that patiula settlement, out of a ange of options. The egional and distit boundaies eflet those endosed by the Govenment of the Republi of Somalia in

123 Map 3: Community Peeption of Reoniliation of Disputes at Settlement Level Community Peeption of Reoniliation of Disputes at Settlement Level, 2006 Povety Analysis and Monitoing S CALUULA (Daft) S S U S QANDALA S BOSSASO S U S ZEYLAC LAASQORAY Awdal LUGHAYE CEERIGAABO S S S U S S S BAKI BERBERA Sanaag ISKUSHUBAN S U S U S S S S BORAMA CEEL AFWEYN Woqooyi SHEIKH GEBILEY Bai Galbeed S S QARDHO HARGEYSA BURCO BANDARBEYLA TALEEX S OWDWEYNE XUDUN CAYNABO Togdhee Sool BUUHOODLE U S U S S GAROOWE LAAS CAANOOD Nugaal EYL S S BURTINLE S S JARIIBAN GALDOGOB GAALKACYO U S S CADAADO S Mudug CABUDWAAQ DHUUSAMARREEB U S HOBYO S Galgaduud S U S CEEL BUUR S S S BELET WEYNE XARARDHEERE CEEL BARDE YEED S U S Bakool Hiaan XUDUR S S S S S S S DOOLOW U S S U S TAYEEGLOW S S S U S S S CEEL DHEER BULO BURTO WAAJID LUUQ ADAN YABAAL BELET JALALAQSI XAAWO BAYDHABA GARBAHAAREY QANSAX S S S S U Gedo DHEERE S S U S S S WANLA WEYN JOWHAR CADALE Bay CEEL WAQ BALCAD Shabelle Dhexe BAARDHEERE BUUR HAKABA AFGOOYE POVERTY REDUCTION AND SUSTAINABLE DIINSOOR S U S LIVELIHOODS (PRSL) PROGRAMME MOGADISHU QORYOOLEY Banaadi Somalia SAAKOW KURTUNWAAREY MARKA Juba Dhexe Shabelle Hoose Legend SABLAALE BU'AALE S BARAAWE Disputes ae eoniled by: S Community eldes (Odayaasha deegaanka) AFMADOW S JILIB Judiiay (Maxkamad) S JAMAAME Juba Hoose Shaia (Shaeeada) S Distit towns U S KISMAAYO U Regional towns N BADHAADHE S Kilometes Kilometes Distit bounday Regional bounday National bounday The map is based on the esponse of the fous goups inteviewed duing the settlement ensus that was implemented unde the Somalia Wathing Bief (SWB)/Low Inome Counties unde Stess (LICUS) pojet, jointly funded by UNDP and the Wold Bank. The ensus oveed ove 90 of the settlements and wate points in Somalia. Howeve, some of the settlements (in South Mudug; Galgadud; and pats of Lowe Juba and Gedo) ould not be oveed due to inseuity o landmines, and hene have not been epesented. The map povides the peeption of the fous goup in eah settlement on who eoniles disputes in that patiula settlement, out of a ange of options. The egional and distit boundaies eflet those endosed by the Govenment of the Republi of Somalia in

124 Map 4: Community Peeption of Govenane at Settlement Level Community Peeption of Govenane at Settlement Level, Kilometes Kilometes National bounday Povety Analysis and Monitoing (Daft) S CALUULA S S U S QANDALA S BOSSASO S ZEYLAC LAASQORAY U S Awdal LUGHAYE CEERIGAABO S S S U S S S BAKI BERBERA Sanaag ISKUSHUBAN BORAMA CEEL AFWEYN Woqooyi SHEIKH S U S U S S S S GEBILEY Bai Galbeed QARDHO BURCO HARGEYSA S BANDARBEYLA TALEEX OWDWEYNE XUDUN S S CAYNABO Togdhee U S Sool BUUHOODLE U S S GAROOWE LAAS CAANOOD Nugaal S EYL S BURTINLE S S JARIIBAN GALDOGOB GAALKACYO U S S CADAADO S Mudug CABUDWAAQ DHUUSAMARREEB U S HOBYO S S U Galgaduud S CEEL BUUR S S S BELET WEYNE XARARDHEERE CEEL BARDE S U S S YEED Bakool Hiaan XUDUR S S S S S S U S S U S TAYEEGLOW DOOLOW CEEL DHEER S S S U S S S POVERTY REDUCTION AND SUSTAINABLE S BULO BURTO WAAJID LUUQ ADAN YABAAL BELET LIVELIHOODS (PRSL) PROGRAMME S S S Somalia U JALALAQSI XAAWO BAYDHABA GARBAHAAREY S S Legend U S S S System of govenane: S U S S Administation (Maamul) QANSAX Gedo DHEERE WANLA WEYN JOWHAR CADALE Bay CEEL WAQ BALCAD Shabelle Dhexe BAARDHEERE BUUR HAKABA AFGOOYE DIINSOOR MOGADISHU QORYOOLEY Banaadi SAAKOW KURTUNWAAREY MARKA Juba Dhexe Shabelle Hoose SABLAALE BU'AALE BARAAWE Community eldes (Odayaasha deegaanka) S AFMADOW S JILIB Customay law (Xee dhaqmeed) S Shaia (Shaeeada) JAMAAME Juba Hoose U S Distit towns S KISMAAYO U Regional towns N BADHAADHE Distit bounday S Regional bounday The map is based on the esponse of the fous goups inteviewed duing the settlement ensus that was implemented unde the Somalia Wathing Bief (SWB)/Low Inome Counties unde Stess (LICUS) pojet, jointly funded by UNDP and the Wold Bank. The ensus oveed ove 90 of the settlements and wate points in Somalia. Howeve, some of the settlements (in South Mudug; Galgadud; and pats of Lowe Juba and Gedo) ould not be oveed due to inseuity o landmines, and hene have not been epesented. The map povides the peeption of the fous goup in eah settlement in esponse to an open-ended question on the type of administation that govens that patiula settlement. The egional and distit boundaies eflet those endosed by the Govenment of the Republi of Somalia in

125 ÆÆ ÆÆ ÆÆ ÊÆÆÊÊÑ Æ ÆÆ ÆÆ Æ ÆÆÆ ÆÆ ÆÆ Æ Æ Æ Æ ÆÆ ÆÆ Æ ¾ ÑÆ ÆÆ Æ Map 5: Pimay Poblems Impeding Development at Settlement Level Pimay Poblems Impeding Development at the Settlement Level, 2006 (Daft) S CALUULA Ñ Æ Æ ÆÑÊ Æ Æ Æ ¾ Æ Æ Æ Ñ ¾ S Ñ Æ ¾ S Ñ Æ QANDALA U ÆÆÆÆ S Ñ ÆÆ ÆÆ Ñ ¾ S Æ ¾ Ñ Æ BOSSASO Ê Æ Æ Æ Æ Æ Æ ZEYLAC LAASQORAY S Ñ Æ ¾ Æ Ñ U S Æ Æ ¾ Æ ÑÊ ¾ Ñ Ñ Ñ Æ Æ Awdal Ñ Æ Ñ LUGHAYE CEERIGAABO Æ Æ Ñ Æ S Æ S S Ñ Æ Æ Æ Ñ Ñ Ñ Æ Æ Ñ Ñ Æ Æ Æ Æ Æ ÆÆ ¾ Æ BAKI BERBERA Sanaag ü Æ Æ ISKUSHUBAN ¾ Ñ Æ Æ Æ Æ Æ Æ Æ Æ U S Ê Ñ Ñ Ñ S S Ñ ¾ Ñ Æ Ñ Ñ Æ Ñ ¾ Ñ Æ Æ Ñ Æ Æ Æ Æ Æ Ñ ÆÆ Æ Ñ Æ Æ Æ Ê Æ Æ Æ Ñ Æ Ê Ê Ñ Æ Ñ Ñ ÑÑ Æ Æ Ñ Ñ Ñ BORAMA Ñ Æ CEEL AFWEYN ¾Æ ¾ Æ Æ Ñ Æ Ñ¾Ñ Æ S Ñ ¾¾Ê Æ Ñ U S Æ Æ Ê Ñ Ê Æ Ñ Æ Ñ ¾ ¾ Ñ Æ ÑÆ ¾ Æ Ñ Æ Woqooyi SHEIKH Æ Ñ Æ Æ Æ Ñ Æ U S Æ ÆÑ S S Æ Æ S Æ Ñ Æ ÑÆ Ñ Ñ Æ Æ Ñ Ê ÑÑ Æ Ñ ÆÆ Æ Æ Ñ Ñ Æ GEBILEY Bai Æ Ê Ê Æ Ñ Ñ Ñ Ñ ¾ Æ Æ Ê Ñ Ñ¾ Æ Ñ Galbeed ¾ Ñ Æ Ñ Æ Æ Æ Ñ Æ ÑÆ Æ Ñ ÆÆ Æ Ñ Æ Ñ Ñ Ñ Æ Ñ Ñ Ñ Æ ÑÑ Ñ QARDHO Æ Ñ Æ Æ Æ Ñ Æ Æ Æ Æ Ñ Ñ Æ Æ Ñ Ñ Ñ Æ Æ Ñ ¾ÆÆ Æ Æ Ñ Æ Æ ¾ Ñ ¾Ñ Ñ Ñ Æ Æ BURCO Æ ÆÑÆÆ Ñ Æ HARGEYSA Æ Ñ BANDARBEYLA TALEEX S S Ñ Æ Ñ Ñ ¾ Æ Ñ ¾ Ñ OWDWEYNE XUDUN Æ ¾Æ CAYNABO Ñ Æ Æ Ñ ¾ Ñ S Æ Æ Æ Ñ Æ ¾Æ ¾Ñ ü Æ Togdhee ¾ Æ Æ Ñ ¾ Æ Ñ ¾ ¾¾ ¾ Æ Æ ¾ Æ Ñ Ñ¾ Ñ ¾ Æ Ñ Æ Ñ ÑÑ Ñ Ñ Æ Ñ Ñ Sool Æ Æ Æ Æ Æ Æ Æ Æ Æ BUUHOODLE Ñ Ñ U S Æ Ñ GAROOWE U S Ñ S ÑÑ Æ Æ ¾Æ Ñ Æ Ñ Ñ Æ Ñ ¾ ¾ Ñ ¾ Æ Æ Ñ Ñ Æ Ñ Æ Ñ ¾ ¾ LAAS CAANOOD Nugaal ¾ Æ Ñ Ñ EYL Æ Ñ Ñ Ñ Æ S ¾ Ñ ¾ Æ Æ Æ Æ Ñ S BURTINLE Æ ü ¾ Æ Æ ¾ Æ Æ ü Ñ Ñ Æ Æ JARIIBAN Ê Ñ Ñ Æ Ñ S ÆÑ S Æ Æ ü ¾ GALDOGOB Ê Ñ Æ Æ ü GAALKACYO Æ U ÆÑ S Ñ Æ Æ Æ Æ Ê Æ Ñ S Æ CADAADO S Ê Æ Mudug CABUDWAAQ Æ Ñ Æ Ñ Ñ Æ DHUUSAMARREEB U S Ñ Ê HOBYO Ñ Æ Ê Ñ ¾S Æ ÆÆ Galgaduud Æ Æ Æ Æ Æ Æ ¾ Ê S Æ Ñ Æ Æ Æ Æ ÆÆ Æ ¾¾ Æ Æ U S Æ CEEL BUUR ¾BELET WEYNE XARARDHEERE CEEL BARDE S ü Ê ÊÊ Æ S S ÆÆƾ Ê Æ ÑÆ ¾ Ê ÆÆ Ñ Æ Æ YEED Bakool Æ Hiaan ÑÆ Æ Æ S U S Æ Æ Æ Æ Æ Æ Æ XUDUR Æ S ¾ ÊÆ Æ ÆÆ ÑÆ Æ ÆÆ Ñ Æ ÆÆ ÆÆ Æ ÆÆ Æ Æ Æ Ñ Æ Æ Æ Æ ÑÆ ü¾ S S S S ÑÆ S Æ ¾ Æ ¾ S Æ Æ¾ Æ Ñ Ê ÆÆÆ Ê Æ Æ ÆÆÆ ÆÆÆÆÆ Æ Æ ÆÆÆ ÆÆÆÆÆ ÆÆ Æ ÆÆ ÆÆÆÆ ÆÆ ÆÆÆ Æ Æ Ñ Æ Æ Æ Æ ÊÑ ÆÆ Æ ÆÆ TAYEEGLOW DOOLOW Æ Æ Æ Æ Ê Æ ÆÆÆÆ ÆÆÆ Æ Æ Æ Æ ÆÆ ÆÆ ÆÆ Æ ÆÆÆÆÆÆ ÆÆÆÆ Æ Ê ÆÆ ÆÆÆ Æ Æ Æ ÆÑ Æ Æ Æ Æ ÆÆÆ ÆÆÆÆÑ Ñ ÆÆ ÆÆÆÆÆÆ Æ Æ Ñ CEEL DHEER Æ Æ Æ ÆÆÆÆÆÆÆÆÆÆ Æ Æ Æ Æ üææ Æ Æ Ñ ü Æ Æ Æ Æ Ê Æ Æ ÑÆ ÆÑÊ Æ ÆÆ Ê Æ Æ ÆÆÆ ÆÆ ÆÆÆÆ Æ ¾ Æ ¾ U S S Æ ¾ Æ Ñ ¾ ÆÆ ÆÆ Æ Æ Æ Æ Æ ÆÆ ÆÆÑÆ Æ ÆÆ Æ Æ Æ Æ Æ Æ Æ ÆÆ ÆÆ Æ Æ Æ Æ ÆÆ Æ ¾ÑÑ Ñ ¾ Ñ Æ ÊÆ Æ ¾ Æ ¾ ÑÊÊ ÑÊ ÊÑÆ ÊÆÊ ÊÆÊÊÆÊüÊÑÊ ÊÑ Æ ÆÆÆÆ Æ Æ U Ê ÊÑ Æ S ¾Æ S Æ Æ ÆÆ S S Æ U ÑÆ S Æ Æ Æ S S Æ Æ Æ ÆÆ Æ Ñ ÆÆÆ ÆÆ Æ Æ Æ Æ ÆÆÆ Æ Æ Æ ¾ Æ ¾Æ ÆÆ Æ¾ Æ Æ Ê Æ Æ Æ Æ ÆÆ Æ üææææ Ñ ÆÆÆ ÆÆÆÆÆ ÆÆ ÆÆÆ ÆÆ ÑÆÆÆÑ Æ ÆÆ ÆÆÆ ÊÆÆ Æ Æ Æ Ê Ñ BULO BURTO Æ WAAJID LUUQ Æ Æ Ñ ÆÆ ADAN YABAAL Ñ Æ Æ Æ Æ ÆÊ BELET ÆÆÆ Ê ÆÊ Ñ ÆÆÆ ÑÆ Æ Ñ Æ Æ Æ Æ Æ Æ Æ Ñ Æ ÑÊ ÑÊÊÊÑ Ê Æ Æ Æ Æ ÊÑÆ Æ ÑÊ ÑÊ ÑÆÑÊ ÊÊ ÊÆ Ñ Æ ÑÆ Ñ ÊÆÆÆÑÊ Æ ÆÆ ÆÆÆÆ ÆÆ ÆÆ ÆÆ Æ ÆÊÑÊÆÑÆÑÊÑ Ñ üüüüæê Ê ÆÊ Ê Ñ ÆÆÆ ÆÆÆ Æ Æ ÊÆ ÆÆ ÆÆÆÆ Æ Æ ÊÆÆ ÆÆÆ ÆÆÆ ÆÆÆ ÆÆÆÆ Æ Ê ÊÆÊ Ê ÊÆ ÊÆ Ñ ÆÊ Ê Ê¾ Æ ÆÆ ÆÆÆ ÆÆÆ Æ ÆÆ Æ Æ JALALAQSI XAAWO Ñ Æ Æ ÊÊÆ ÆÆ ÊÆ Ê Ê Æ Æ ÆÆÆ ÆÊÊÊÊÆ BAYDHABA GARBAHAAREY Ñ Æ Æ Æ Ñ Ñ Ñ ÆÆ Æ Æ ÆÆÆÆÆ Ê ÆÆ Æ ÆÆÆ Æ ÆÆÆ ÆÆÆÆÆÆÆÆÆÆÆÆ ¾ü ÆÆÆ Ñü¾ ü Æ Æ ÆÆÆÆ Ê ÆÆ Æ ÆÆ ÆÆ Æ ÆÆ Æ ÆÆÆ Ê Ê Ê Æ Ê Æ ÆÆÆ Æ ÆÆ ÑÆÊ ÊÊÆÊÊÊ Æ Æ ÆÊÆ ÆÆÆÆÆÆÆÆÆ Æ Æ Æ Ê Æ POVERTY REDUCTION AND SUSTAINABLE Æ ÊÑÊ Æ Æ ÆÆÆÆÆÆ ÑÊ Æ Æ¾ LIVELIHOODS (PRSL) PROGRAMME QANSAX Æ ÆÊÑ ÆÊÊ ÑÊ Æ Ñ ÆÆ Æ ÆÆ ÆÆÆ ÆÆ Æ ÆÆƾÆÆ Æ ÊÊÑ Æ Ê Æ Æ Æ Ê ÊÆÆÆ ÑÊ Æ ÆÆÆÆ Æ ¾ÆÆ Ê Æ ÊÊ ÆÆÊ ÆÆÆ ÆÆÆÆÆÆ Æ ÑÆÆÑ Æ Ñ Ñ Æ Æ Æ Æ Æ Æ Æ S S Æ Ê ¾ ¾Æ Æ ¾S Æ ¾Æ Æ Æ Ñ Æ¾ Æ Æ ÆÑ Ñ ÆÑ ÑÑ S Æ ¾ Æ Æ Æ ü Æ ü ¾ ÆѾ Ñ Æ ¾ ¾ ¾ Æ Æ Æ Æ Æ Æ ÆÆÆ Æ Æ Æ Æ Æ Æ Æ ÆÆÆ ÆÆÆÆ Æ Æ Æ ÆÆ Æ Æ Æ ÆÆ Æ ÆÆÆÆ Æ ÆÆ Ê ÆÆÆÆÆÆ ÆÆ Æ Æ Æ ÊÆÊÆÆ Ñ Æ ÊÆ Æ ÆÊÆÆ ÆÆ Æ ÆÆÆÆ Ê Æ Gedo DHEERE Ê Ê Æ ¾ ¾ ÑÊ Ê Æ ÆÆ ÆÆ Ñ Ê ÆÆÆ ÊÆ Æ ÆÆ Ñ ÊÊ Æ¾ ÆÆÆ ÆÆ Ñ Æ ÆÆ ü Ñ ÊÊ ÆÆÊ Ê Ê ÆÆ ÆÆ Æ Ê Æ Æ WANLA WEYN JOWHAR CADALE ÑÆ Æ Æ Æ Æ Æ ÆÆ ÆÆ Æ ÊÑ ü Æ Ñ Æ U Æ Ñ ÆÆƾ Æ Æ ¾ ¾ Æ ¾ Ñ Æ Æ ¾ S S ¾ ü ¾ U ¾ S S Æ ¾ ü Ñ Ê ÆÊÆ Ñ ¾ Æ Æ ¾Æ Ñ S ü ¾ Ñ ÆÆ Æ Æ Æ Æ ÆÆÆ Æ ¾ ¾ Æ¾Æ ÆÆ Æ ü ÆÆÆ Æ Æ Æ Æü ÆÆÆÆÆ ÆÆ ÆÆ Æ ÆÆ Æ Æ ÆÆ Æ ÆÆü Ñ Æ ÆÆ ÊÆÆ ¾ Bay Somalia CEEL WAQ Æ Ê ÆÆ ÆÆÆ Æ ÆÆ BALCAD Æ Shabelle Dhexe BAARDHEERE ÆÆ Æ ÆÆ Æ Æ Æ Æ Æ ÆÆÆÆÆÆ Æ Æ Æ Æ Æ BUUR HAKABA AFGOOYE Æ ÆÆÆÆ Legend Æ ÆÆ ÆÆÆ ÆÆ Æ Æ Æ Æ ÆÑ Ñ Æ Æ Ñ Æ ÆÊÊ ÆÊ Æ ÆÆ Æ Æ Æ Æ Æ Æ Æ Æ Æ DIINSOOR ÊÆÆ Æ ÆÆÆ ¾ Æ Æ Æ¾Æ ¾ Ñ Æ Æ Æ ÆÆÆ ÆÆ Ñ Æ ¾ ¾ ¾ S ƾ ÊÆ Æ Æ ¾ Ê Æ¾Æ Æü Æ Æ Æ ÆÆ Ñ MOGADISHU Æ ÆÆ ÆÆÆÆÆÆ Æ ÆÆ Æ ÆÆ Æ ÆÆ Æ ÊÆ Æ Ñ Æ Æ Æ Æ Æ Æ Æ Æ ÆÆÊ Ê Æ ÆÆ ÆÆ Æ Ê Æ Æ ÆÆÆÆÆÆ ÆÆ QORYOOLEY Banaadi Æ ÆÆ Æ SAAKOW ÆÑ Æ Æ Æ ÆÆ Æ Æ Æ KURTUNWAAREY MARKA Juba Dhexe Æ ÆÆÆ ü Inseuity Æ Æ Ê ü Æ U S Æ Æ Æ Æ Ê Æ Æ Ñ ÊÆ Ê Æ Æ Æ Ñ ÑÆÆ Æ Ê ÑÊ Ê Shabelle ¾ Æ Hoose Æ Æ Æ Æ ÆÆÆÆÆ ÆÆ Æ Ê ÆÆÆÆ SABLAALE Æ Æ¾ ÆÆ S Æ Æ Ñ Insuffiient hed size Æ BU'AALE Æ Æ Æ Æ Ê ÊÆ ÆÆ ¾ BARAAWE Ñ Æ Lak of health failities Æ Æ Ê Æ Ê¾ Æ Æ Æ Æ Æ Æ Æ ÆÆÆ Æ Æ Ñ Lak of inome geneating ativities Æ AFMADOW S ÆÆ ÆÊ Æ Æ Æ Æ Æ Ñ Ñ ÆÆ Ñ S Æ JILIB Æ Æ Æ ÆÆÆ Ñ ÆÆ Æ Æ Æ Æ Æ ÆÆ Æ Æ Æ Lak of land Æ Æ Æ Æ Æ Æ Æ Æ Æ Æ Æ Æ Æ S Æ ÑÆ ÆÆ ÆÆÆÆ ÆÆ Æ Æ ÆÆ Æ ÆÆ Æ ÆÆÆ ÆÆÆÆÆ ÆÆÆ ÆÆ Æ ÆÆÆ Æ Æ Æ Æ Æ Æ Æ Æ Æ Æ Æ ÆÆÆ ÆÆ JAMAAME ÆÆÆ Æ Lak of wate and iigation Æ Juba Hoose Æ Æ Æ U S ÊÚ Low pies KISMAAYO Æ N Æ Æ Poo eduation failities BADHAADHE Æ Æ ¾ Poo sanitation and othes Æ Æ ÆÆ S Æ Ñ Æ Kilometes Kilometes S Distit towns Æ This map is based on the esults of the settlement level suvey implemented unde the Somalia Wathing Bief (SWB)/Low Inome Counties Unde Stess (LICUS) pojet, jointly funded by the Wold Bank and UNDP. It is based on the esponse of the fous goup in eah settlement and indiates the pimay poblems impeding development. The egional and distit boundaies eflet those endosed by the Govenment of the Republi of Somalia in U Pimay poblems impeding development: Regional towns Distit bounday Regional bounday National bounday Povety Analysis and Monitoing

126 Map A6: Pesene of Soial Goups within Settlements (ultual goup o assoiation) 108

127 Map A7: Pesene of Soial Goups within Settlements (women s goup/assoiation) 109

128 Map A8: Pesene of Soial Goups within Settlements (ommunity seuity goup) 110

129 Map I9: Availability of Intenet and Failities within Settlements 111

130 Map I10: Availability of Newspapes/Newslettes within Settlements 112

131 Map J3: Awaeness of Land Mines o Unexploded Odnane (UXO) 113