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14 AFRICA PEACE AND CONFLICT JOURNAL
Conflict transformation is only one element of the larger peacebuilding framework. It
is part of a change process that analyzes conflict at multiple social, political, and economic as well as relational levels and applies this knowledge strategically across the
range of issues identified by the analysis. Its focus in the short-term is to stop conflict
and start a process of building relationships through listening and dialogue. Over the
long-term, it becomes an important component for changing unjust structures. The
entirety of the process is meant to help stabilize society and prevent future violence.
When conflict transformation values and practices are placed alongside
Somaliland customary law, it is clear that there are many points of similarity (see Table
1). Where they differ, the flexibility of both should nonetheless allow for some integration. As their interdependence is acknowledged and evolves, a more effective
means of transforming Somaliland’s every increasing and complex conflicts will potentially take place.
RESTORATIVE JUSTICE: A BRIDGE BETWEEN
CUSTOMARY AND CIVIL LAW
Justice systems are critical to building and maintaining stable and peaceful societies.
They deal with complex conflicts, and through their criminal justice component,
prosecute perpetrators of prohibited acts against the community. Somaliland has been
reforming its criminal justice system over the last few years, but has continued to regularly rely on customary law to help it address criminal (and other) issues. Representatives of the judicial legal structure understand that customary law is better
understood and more trusted by the people, compelling them to share cases with customary law practitioners.53
The tension between these different systems of law has its roots in Somaliland’s culture, which, as noted, recognizes collective responsibility, for the purpose of social stability, and the western perspective of the law, which is geared more toward individual
responsibility for actions that require punishment by the state.54 A more balanced
form of punitive or retributive justice and customary law, similar to what is found in
New Zealand and other western legal systems, would benefit both systems of law in
Somaliland and add to its peacebuilding capacity. Restorative justice has the potential
to enhance this process and form a bridge between these two law-based systems. It addresses individual and societal interests and needs through a community-based system of accountability to victim and offender; responsibility on the part of the offender
is central, and the involvement of the victim and other community members helps in
finding solutions to restore relationships and social harmony.
Restorative justice is rooted in indigenous and religious systems of problem solving,55 and over the last thirty-five years has been integrated on a global basis into formal legal systems. Though found in a variety of contexts and practiced in various
ways, the field of restorative justice formally began with the 1994 Elmira case in
53. Interview, Mohamaud Hussen Farah, 30 March 2008.
54. C. Villa-Vicencio, ‘Transitional justice, restoration and prosecution’ in Sullivan and Tifft, Handbook
of Restorative Justice.
55. M. Hadley, ‘Spiritual foundations of restorative justice’ in Sullivan and Tifft, Handbook of
Restorative Justice.
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