A/HRC/45/52 55. The military court system in Somalia continues to operate despite serious rule of law and human rights concerns, especially in relation to the lack of fair trial and due process guarantees. Also of concern is the continuing practice of trying civilians in these courts. Except for in one recorded case, legal representation of defendants is inadequate, appeals processes, particularly for death penalty cases, are not available and the military court system operates under the jurisdiction of the Ministry of Defence.48 On 10 December 2019, the Federal Government agreed on a road map for transferring the caseload of high-risk AlShabaab and Al-Shabaab-associated detainees from military to civilian courts.49 The nonobservance of fair trial procedures due to a lack of transparency of court proceedings, especially in death penalty cases, is of concern. 56. Legal aid is vital in scaling up access to justice, especially for the poor and marginalized, and designed to complement the work of the mobile courts in Somalia. The Federal Government has reported that it has developed a legal aid policy and a national legal aid bill that are currently undergoing approval. Legal aid services are mainly provided by civil society organizations such as the Somali Legal Aid Network. Reports indicate that about 4,068 people benefited from legal aid services in 2019. 50 The Independent Expert urges the Somali authorities to accelerate the enactment of these legal frameworks so as to improve service delivery in the formal justice system. 57. Traditional dispute resolution mechanisms continue to be used in communities due to their physical accessibility, low cost and legitimacy in the eyes of local participants. While the traditional dispute resolution system has the potential to improve access to justice in Somalia, it can also reinforce discrimination and perpetuate practices that do not comply with international human rights standards, in particular against women, girls and minorities. The police and families of victims of sexual violence sometimes encourage and refer cases to xeer courts. The intervention of and declarations by the Attorney General to discourage this practice have not gained traction. Through the implementation of a joint programme, UNDP and Legal Action Worldwide have assisted the Federal Government in referring sexual violence cases to formal criminal jurisdiction. 58. In the Somalia National Development Plan 2020–2024, the Federal Government has recommitted itself to modernizing and harmonizing the traditional dispute resolution system until such time as formal systems are in place at all levels of government to address access to justice. This commitment may well delay access to justice for women, girls and minorities given that the traditional courts apply discriminatory norms and practices. D. Economic, social and cultural rights 59. Through the Somalia National Development Plan 2020–2024, the Federal Government aims to address poverty, institutional reform, human capacity development and legal and policy frameworks to enhance respect for human rights and humanitarian law. Nonetheless, human rights challenges persist in respect of several vital economic, social and cultural opportunities. Economic disparities among marginalized and minority groups are pervasive, for example, between the Bantu and Gaboye peoples in Somaliland. Inadequate investment and discrimination limit access to education for women, girls, internally displaced persons, refugees and persons with disabilities. 60. Limited access to water, sanitation and land resources, exacerbated by the ongoing armed and clan conflicts and environmental disasters, including droughts, floods and desert locusts, leave marginalized communities destitute. 48 49 50 United States Department of State, country reports on human rights practices for 2019 (www.state.gov/reports/2019-country-reports-on-human-rights-practices/). UN Somalia: Country Results Report 2019, p. 20. Ibid., p. 19. 13