APCJ_1528_Win2010_00i_122_4 12/30/10 3:22 PM Page 8 8 AFRICA PEACE AND CONFLICT JOURNAL is clear on the division between law and religion: ‘Diinta was la baddali karraa, xeerka la ma baddali kara’ (One can change one’s religion, one cannot change the law). It also advises, ‘Between religion and tradition, choose tradition’.30 Customary law consists of broad principles and flexible practices utilized within the clan structure and is best described as ‘a set of rules, regulations and values that form the foundation of Somali society’.31 These rules and corresponding values have been developed based on context and need; if used regularly by communities, within regions or at the national level, they eventually become recognized as law. Customary laws interface with civil law primarily in registering verdicts made by traditional elders.32 For example, in the case of murder, the police and courts may be the first involved, with the elders brought in if an outside or non-judicial process is desired by the parties. The elders then inform the courts of their decision. The following case is illustrative of customary law and how it interacts with civil law: A member of one tribe murdered a member of a different clan. The offender was arrested, and the victim’s family was given a choice [by the court] to have the perpetrator tried in the court system [under civil or case laws] or to have the case adjudicated by a traditional council of elders [customary law]. If the latter, the agreement would be rendered on the local level [by the elders], and would be taken back to the court as a binding resolution. In this case, seven Elders from each clan were chosen to decide the case. They came together in council and agreed that the perpetrator should make amends to the family of the deceased by giving [the victim’s family and clan] 120 camels or the equivalent in Somali currency. That agreement was then taken to the court and the signatures of all parties involved bound the agreement [for the families and the court].33 Although customary law continues to be applied to conflict resolution in rural settings in Somaliland, its principles and practices are being questioned, especially concerning issues related to land ownership. According to one elder, ‘First and foremost, the nature of conflicts is not the same as it was before. Formerly, conflicts were small and used to arise from disputes over settlements, water and pasture land, [as well as] the abuse of women and/or contested property like animals’.34 The elder noted that he and other odays have no training in conflicts concerning land tenure. Settling landrelated conflicts is further complicated by the loss or destruction of property titles during the Somali civil war. The titles are often contested by multiple parties, increasing the level of complexity and making it even more difficult for elders to effectively resolve such disputes. Formal methods for solving land and urban property issues are also plagued by a lack of technical expertise among municipal staff. They may have only a ‘limited capability and knowledge in conflict resolution mechanisms’. There is also ‘corrup- 30. Notten and MacCallum, Law of the Somalis, 35. 31. CHF International, ‘Grassroots conflict assessment of the Somali region, Ethiopia’, August 2006, 13, www.chfhq.org/files/3707_file_Somali_Region_Assessment_8.4.06.pdf. 32. J. Gundel, ‘The predicament of the “Oday”: The role of the traditional structures in security, rights, law and development in Somalia’, Danish Refugee Council and Novib-Oxfam, Nairobi, November 2006. 33. Interview, Mohamaud Hussen Farah, 30 March 2008. 34. Interview, Muse Ali Faruur, Hargeisa, 19 March 2009.