Rule of law in Somaliland

 

- Somaliland completed two decades of state-building since the proclamation of the Somaliland republic in Burao on 18 may 1991. It has also to its credit eleven years of judicial development since the adoption the national constitution 31/may/2001.

 

Since the independence republic of Somaliland in 18/May/1991, we have strived essential steps that developing the national domestic laws and it’s important in all aspects of our life through the constitutional guarantees and Somaliland preceded eight years of democratization adopted in 31 May/2001.

 

Since the independence of the republic of Somaliland in 1991, there is a lot of universities whether public or private universities in different regions in Somaliland. However, the legal professions in Somaliland are sharply increasing every academic year from different universities in Somaliland. Nowadays, there is full legal professional engagement in the judiciary and justice institutions.

 

Everyone has a rights in everywhere as a person before the law…all somalilanders are equal before the law… everyone is entitled in full equality to a fair trial and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations of any criminal charge against him…. 

 

Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according criminal procedure at which he has had account of any act or omission which not constitute a penal offence by the Somaliland courts.

 

Although there is a lot of weaknesses and challenges faces the promotion of justice primarily the Somaliland traditional norms violates many rights of the individual rights, in terms of clan based justice proceeding, the most victims of the traditional norms are the women and children, because they loses their rights in many criminal cases such as rape cases.

 

The rule of law is the major instrument to avoid a crime and chaos in a society. It refers to a government based on principles of law and not of men. Rule of law is the antithesis of arbitrary power.

 

Rule of law depends on the effectiveness of the judiciary and should work impartiality. If the laws are not clear or they are unfair or if the justice system favors some people, the rule of law will break down.

 

Rule of law refers to principle of constitutional democracies, which states that the law is above all also, and that everyone, both citizens are government, must comply with it. Without rule of law we could have anarchy. Both the government and individuals could violate the rights of other people.

 

Abdirahman Hirad Jama

[LLB degree and Candidate for PGD of IPCS Hargeisa University]

Tell: 4485720 / Email: hiraafood@yahoo.com