A/HRC/33/64 66. Traditional elders adjudicate different types of cases, including cases of rape and other forms of sexual and gender-based violence. During a meeting with the Independent Expert, clan elders in Kismayo stated that they were forced to perform such functions owing to the absence of formal administrative structures in their local area. They acknowledged that they might have violated women’s rights when rendering decisions under customary justice because of their lack of knowledge of human rights. 67. The Independent Expert met traditional elders and Islamic scholars from the faculty of law at both Kismayo and Jubba Universities in order to gain an insight into their views on women’s rights and how they could be protected, and the role of women in the forthcoming elections. They informed him that the constitutional, electoral and Statebuilding processes were being driven by external agendas rather than by national consensus. 68. Some of the scholars informed the Independent Expert that, according to religious teachings, women do not have a role in governance, while others asserted that there was no religious basis to exclude women from politics or governance. They stated that traditional elders and their clans did not believe that women could participate in any leadership position. 69. Traditional elders suggested that clans needed to understand that women can participate in public affairs, and that awareness-raising initiatives were necessary to that effect. They felt, however, that the time remaining before the elections was insufficient to implement such programmes; in addition, given that Somalia was governed under a secular Constitution, it was necessary for traditional elders and clan leaders to be informed about the role of women is society. 70. The scholars acknowledged that the number of women working in the public service was small. There was only one woman minister out of the 12 in the Jubbaland administration, and only three women amidst the 75 members of the regional parliament. Customary law does not allow the participation of women in councils or the meetings held by elders to adjudicate on issues relating to women’s rights or to allow victims to present their case. Under the Xeer system, a victim of rape may be ordered to marry the perpetrator of the rape in order to preserve the honour of the woman’s family. 71. The scholars also acknowledged the need for training on international human rights law to safeguard the rights of women and girls against sexual and gender-based violence, rape, early, child and forced marriage, domestic violence and female genital mutilation. Similarly, other harmful practices, such as the inheritance of a wife by the late husband’s brother or by a widower, or the exchange of girls and women between clans as a form of dispute resolution, should be eliminated. They recognized that reform of the Xeer was necessary. 72. The Attorney General informed the Independent Expert that the Government was reviewing the traditional justice system and that the Ministry of Justice had established a traditional dispute resolution directorate to lead the review. A traditional dispute resolution policy drafted by the Government would be circulated for consultations throughout the country. It is expected that the new system will harmonize the formal and the informal justice systems, thereby gaining the trust of the populace. The Independent Expert has discussed the possibility of engaging on this important issue. 73. Reform of Xeer should ensure compliance with the Federal and State Constitutions and international human rights norms and standards. It should incorporate gender and clan equity in its operation and application in order to protect the rights of women, girls and minorities. In order for Xeer to be respected as before, clan leaders should not become involved in political matters. 15