APCJ_1528_Win2010_00i_122_4 12/30/10 3:22 PM Page 9 Integrating Principles and Practices in Somaliland 9 tion . . . leading to biased and unfair decisions’.35 These factors impede development and cause distrust between the people of Somaliland and government institutions. In an effort to begin to change this situation and effectively mediate such conflicts, there has been a movement to pair elders, who are trusted by the people, and municipal and government officials, who may have a better technical understanding of land ownership. According to one study on land-based conflicts, ‘[T]his mix of modern and traditional mediation has proven to be rather successful. . . . One reason for this success is the acceptance and sustainability of the solution—the population approves this method’.36 The combination of familiarity with the elders’ role and respect for them, coupled with the technical expertise of land and property ownership professionals, appears to be meeting the people’s needs, which includes recognition through the use of cultural norms and processes, acknowledgment of the meaning and identity tied to the importance of land, and control of one’s environment.37 Strengths and Weaknesses Customary law is used in an array of matters, including marriage, war and peace, and leadership. Life is an organic and interdependent process for the people of Somaliland (and elsewhere), so it is essential to acknowledge and understand the importance of interdependency in relationships in Somali culture and how it impacts decision making. Customary law is intertwined with identity and clan lineages. Everyone is represented by an aqil, sultan, or oday who, along with other duties, acts as a mediator or judge in instances of conflict. The elders also sometimes provide early intervention. These representatives, respected for their wisdom, humility, honesty, and diligence, listen to all parties, consult with each other, and decide outcomes. In a collectivist society such as Somaliland’s, decisions are not made between individuals, but between families and clans. Under customary law, elders issue compensatory decisions rather than punitive judicial rulings. These issuances are not only meant to end conflict, but also to regulate relationships between clans and sub-clans and establish norms ‘encompassing or cutting across diverse economic and social conditions’.38 As problem solvers and peacemakers, elders set aside personal interests for the sake of peace and justice—a form of justice meant to reflect laws that provide for ‘the protection of persons and property’.39 Such a requirement is not solely a legal one, but is also expressive of a concern to avoid violating persons, property, or freedoms. These factors highlight the rela- 35. Mohamed Abdi et al., ‘Local capacities for peace: Addressing land-based conflicts in Somaliland and Afghanistan’, Academy for Peace and Development, 2009, 51, www.apd-somaliland.org/docs/2009landbasedconflict_apd_inef.pdf. 36. Ibid. 37. V. Redekop, From Violence to Blessing: How an Understanding of Deep-Rooted Conflict Can Open Paths to Reconciliation (Ottawa, Canada, Novalis, 2002); M. E. Clark, In Search of Human Nature (London, Routledge, 2002). 38. Puntland Development Research Center, ‘Integration of customary law into sharia and secular law’, August 2003, 10, www.pdrcsomalia.org/publication/BOOKIII.HAR.pdf. 39. MacCallum, ‘Rule of law without the state’, 3.