A/HRC/27/71
collection, analysis and dissemination of traditional dispute resolution data, and
establishing a policy on traditional dispute resolution. It also requires designing and
implementing a system for monitoring outcomes and implementing the traditional dispute
resolution policy. The estimated cost of this activity is US$600,000.4
46.
The Independent Expert believes that that activity is critical to a sustainable judicial
system. It responds to the urgent needs of access to justice by all. The challenge shall be to
ensure that the policy and legal framework for traditional dispute resolution meets
international human rights standards. The Independent Expert holds the view that any
support towards this initiative should endeavour to ensure that the policy and its
implementation are in line with international human rights standards.
47.
The Independent Expert also holds the view that since the Xeer system is understood
by the vast majority of Somali people, it could be part of a judicial system, to underpin the
peace and reconciliation programme. If this view is acceptable in principle, a thorough
study and analysis should be undertaken involving the Federal Government,
parliamentarians, the judiciary, politicians, elders, scholars, professionals, both local and
from the diaspora, and civil society in general, assisted by reputable institutions
knowledgeable in Islamic sharia, Somali culture and history. In this regard, countries which
form part of the Organization of Islamic Cooperation such as Mauritania could have
experiences to share on how they have applied sharia, statutory law and customary laws.
Subsequently a reform process of Xeer could be implemented on a medium to long-term
basis.
4
12
See National Strategic Plan for Justice Reform, part 4.2, p. 38.
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