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Integrating Principles and Practices in Somaliland
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sis and transformation theory and techniques and invites elders to speak in class about
traditional methods of conflict resolution. Interaction and exchange of this type
deepen understanding for all participants and will help prepare additional actors to
address Somaliland’s conflicts.
There are certain security issues related to fighting between clans, killings that take
place across clan lines, and regional issues that might benefit from the harmonization
of customary law and Somaliland’s civil law. Currently, these two systems of law compete with each other, instead of forming a coherent and connected legal system. An
important area of consideration in the harmonization process might be the documentation of customary law processes and rulings. At present, this has not occurred, but
if it does, such documentation could provide information to civil courts for appealing
a ruling by the elders.
Customary law procedures provide the possibility of rejecting a ruling by the elders, but there is no appeal process of that ruling once it has been accepted by the parties involved. This approach has worked for millennia, but there are now more
complex issues, such as those related to human rights concerns, regional and global
political and economic factors, as well as a growing legal body of knowledge within
Somaliland’s governance structure. Therefore, the need for harmonization is timely
and essential, and as noted, could best be accomplished though an innovative integration of traditional methods and existing legal frameworks.
THEORETICAL FRAMEWORK
The traditional or customary law practices of Somaliland and the international values
and practices found in the conflict transformation and restorative justice fields are
related and can inform each other in important ways. The theoretical framework used
in this study is based on an integrated peacebuilding model that incorporates conflict
transformation and restorative justice principles and practices as well as other factors
that help transform conflicts and stabilize societies.8 These principles and practices
include development, security, education, religion, leadership, and governance, along
with reconciliation, identity and worldview formation, and trauma healing. Customary law and conflict transformation are examined through various aspects of the
framework for the purpose of understanding their similarities and differences and
how they might be harmonized in the Somaliland context. Customary law’s principles
and the related values that underlie its practice—including listening, patience, honesty, fairness, flexibility, nonviolence, and reconciliation—are compared with the values and practices of conflict transformation that international mediators, negotiators,
and restorative justice practitioners strive to incorporate in their work, including
respect, humility, nonviolence, accountability, listening, and utilizing creative and just
processes.
8. B. Hart (ed.), Peacebuilding in Traumatized Societies (Lanham, Md., University Press of America,
2008); H. Zehr, Changing Lenses: A New Focus on Crime and Justice (Scottdale, Pennsylvania, Herald Press,
2005); L. Schirch, The Little Book of Strategic Peacebuilding (Intercourse, Pennsylvania, Good Books, 2004);
J. Docherty, Learning Lessons from Waco: When the Parties Bring Their Gods to the Negotiation Table
(Syracuse, New York, Syracuse University Press, 2001); John Paul Lederach, Building Peace: Sustainable
Reconciliation in Divided Societies (Washington, D.C., United States Institute of Peace, 1997).
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