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2 AFRICA PEACE AND CONFLICT JOURNAL
seem insufficient for resolving some current concerns, such as those involving more
complex issues of property ownership, boundary disputes, and situations resulting
from a growing urban population fleeing drought and desertification. In short, the
means of resolving contemporary issues ‘often [go] beyond the scope of traditional
intervention’.2
The traditional problem-solving practices of customary law have been the foundation for Somali social, economic, and political life since around the seventh century.
In the early 1990s, traditional leaders—aqils, sultans, and odays (clan elders)—used
these practices to bring peace to Somaliland. Through patience, listening, and skill,
they negotiated peace settlements that included foundational principles and structures for an ‘independent’ Somaliland.3 Customary law practices continue to have an
important place in problem solving and justice in rural Somaliland, but even in this
context, limitations are arising.4 The organic and flexible nature of Somaliland’s customary law needs to be employed to adjust to the rapidly changing social and political realities of its urban and rural settings. This process would appear to involve
strengthening existing problem-solving principles and practices and potentially integrating others developed outside of Somaliland. Among them would be conflict transformation, which has origins theoretically in the West but also utilizes many practical
conflict resolution skills of African and other indigenous peoples.5
Another area in need of change is the relationship between customary law and
Somaliland’s westernized, secular civil law system, as there is an ever-increasing interface between them.6 Professionals in the legal community, educators, and traditional
leaders should be encouraged to further develop this linkage in order to enhance creative problem solving and application of justice in Somaliland. Meeting this need requires an innovative integration of traditional methods with existing legal
frameworks, including, for example, introducing restorative justice to serve as a possible bridge connecting the two systems.
Adaptation efforts began after Somaliland’s democratization process—following a
peacebuilding conference in Hargeisa in 1997—in part with the support of UN bodies and international nongovernmental organizations (NGOs) that promoted and
partnered with local NGOs that support and train elders, women, youth, and professionals in areas of health and leadership as well as conflict resolution methods that
complement traditional ones.7 The Institute of Peace and Conflict Studies at the
University of Hargeisa offers graduate-level courses to professionals in conflict analy-
2. John Sully (ed.), ‘From plunder to prosperity: Resolving resource-based conflict in Somaliland’,
Dialogue for Peace, Interpeace and the Academy for Peace and Development, Hargeisa, 2006, p. 4,
www.apd-somaliland.org/publications.htm.
3. In June 2010, Somaliland held internationally recognized free and fair elections, continuing to build
on its status as a viable state, but the international community has never recognized Somaliland as a state.
See Abdulazez Al-Motairi, ‘From Sool to Salal: The Somaliland democracy prevails again’, American
Chronicle, 28 June 2010, www.americanchronicle.com/articles/view/166065.
4. Mohamed Abdi et al., ‘[Somaliland:] Land-based conflict project. Working note’, Academy for Peace
and Development, 20 September 2007, www.apd-somaliland.org/docs/apd2007land_conflict_wn.pdf.
5. See John Paul Lederach, Preparing for Peace: Conflict Transformation across Cultures (Syracuse, New
York, Syracuse Press, 1995).
6. Interview, Mohamaud Hussen Farah, dean, Faculty of Law, University of Hargeisa, 30 March 2008.
7. Interview, Mohamed Salax, executive director, Hagsoor (an NGO), Hargeisa, 26 March 2008.
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