A/HRC/27/71 personal law matters of dowry and widow inheritance. It is stated that in recent times the influence of Xeer in some parts of the country has declined owing to previous co-option by pre-crisis governments, the advent of fee-charging by elders administering Xeer, and other factors, such as its decisions being ignored by powerful clans owing to the lack of an enforcement authority. 41. The Independent Expert has reviewed some case studies on the application of Xeer in “Somaliland” and Puntland where a three-tier legal system applies. One study states that Xeer is respected by the secular courts. It is reported that clan elders in “Somaliland” have been engaged in discussing how Xeer could be responsive to women, children and minority rights and to human rights.2 In Puntland, UNDP organized a conference from 7 to 11 February 2009, at Puntland University, composed of parliamentarians, ministers, government officials, representatives of international organizations, elders, traditional leaders, intellectuals, cultural leaders, youth, women and professionals and members of civil society from across Puntland, to, inter alia, revise, unify and standardize the Xeer/customary law system, and to make a declaration on its role in enhancing peace, and protect human rights and the environment.3 42. The traditional leaders at that conference agreed to subject Xeer to a standardized code that protects human rights, especially those of women, children and minorities. They also agreed to submit the Xeer aspects of criminal law to judicial control. Parliament was tasked with adopting the necessary legislation to implement the declaration. The Independent Expert shall be keen to follow up on how the system operates in “Somaliland” and Puntland after these initiatives. 43. The Special Rapporteur on violence against women, its causes and consequences, discusses the role of the customary justice system in her report to the Human Rights Council following her mission to Somalia in December 2011 (A/HRC/20/16/Add.3), and points to some of its shortcomings, such as the rationale of preserving social harmony rather than punishing the individual or upholding the rights of the victim. She observed that the use of material compensation owing to the payment of blood money for homicides, makes families seek justice through that system rather than pursue formal criminal proceedings. She states that Xeer has been found wanting in addressing cases concerning the rights of women, sexual offences or domestic violence against women where the rights of the victims are subjugated to the rights of the clan. In her recommendations, she called on the Government to clarify the relationship and boundaries between customary law and institutions, and the civil and criminal justice system. She stated further that the application and interpretation of sharia should also be in conformity with international human rights and gender equality standards. 44. The Independent Expert similarly believes that it should be possible to ensure that Xeer complies with international human rights law, by ensuring that all the negative aspects of its application are addressed. During his meetings, many interlocutors urged the Independent Expert to encourage human rights awareness among the clan elders. The Independent Expert views this as a possible entry point into addressing Xeer compliance with human rights law. 45. One of the activities of the National Strategic Plan for Justice Reform concerns developing a policy and legal framework for traditional dispute resolution, through 2 3 See Joakim Gundel/Somali counterpart: Ahmed A. Omar “Dharbaxo”, The Predicament of the “Oday”: The Role of Traditional Structures in Security, Rights, Law and Development in Somalia (Nairobi, Danish Refugee Council and Oxfam Novib, November 2006), pp. 20–21. NB: “Oday” is the Somali word for an elder. The declaration is available from the UNDP website (www.undp.org). 11