Dhulka Nabaada (Land Of Peace): Land Reform In Somalia

After decades of insecurity and political instability, Somalia currently stands at a critical juncture for stabilization, peacebuilding and development. The prolonged conflict, in conjunction with the slow rise of political and state legitimacy, leaves the country with almost no functioning institutions and or rule of law. In 2012, the reestablishment of the Federal Government of Somalia (FGS), marked progress towards more permanent governance structure. Despite the considerable progress made in the last few years, the country still faces many challenges regarding political stability, peace and economic progress. One of those key challenges relates to land issues and how to address them in a systemic way in order to contribute to overall peacebuilding efforts.Land becomes intertwined with conflicts in various ways, primarily when dispossession takes place, or when rights to ownership, land use, access and transferability are consistently and arbitrarily violated. Any disruptive or forcefully imposed change on how groups and individuals connect to their land usually produces contentions, which may – and in Somalia has - resulted in various forms of organized violence and community disruption. Clan dynamics have also been a contributing factor to land conflict when there has been competition for the control of resources . With little to no effective state control of land or its administration, management and governance; armed groups and individuals can illegally acquire land, dispossess people, and forcibly evict the most vulnerable without due process. Those with access to social, economic and political power, coupled with the ability to use violence, have been able to illegally gain titles or control over land. The insecurity of tenure is also a significant barrier to the integration and economic development of displaced persons and communities. With the constant threat of forced evictions, displaced and vulnerable groups do not invest in the land, which impacts their ability to seek a livelihood.   Political and socio-economic elites, and terrorist groups such as Al-Shabaab, and the public at large including displaced populations are all current actors when it comes to land issues in Somalia. The State, due to political stagnation, insecurity and lack of institutional capacity has not been able to assert control over land management and governance or produce adequate land policies and legislation. An important role for the State will be to reclaim all public property and develop a cohesive land system that can produce policy or regulatory frameworks that govern land and land use in accordance with the rule of law. Elite groups with access to militia and financial resources are another actor whose unregulated actions disproportionately impact land markets and fuel land disputes and conflicts.  Al-Shabaab remains a significant threat to the state and communities in many parts of the country and in most of the regions proposed for this programme. Different sources also assert that because of lack of trust in the formal justice system which is perceived as corrupt and clan based, people will prefer to go to Al-Shabaab courts to ensure protection of their land rights rather than to the formal court system.    The public, including both host communities and displaced persons, is also another actor and the end-users this programme seeks to reach. Most often, the weakest and most vulnerable groups, they often face legal uncertainty, lack of protection and consistence violations to their housing, land and property rights.  Another contributing factor to the land conflict dynamic in Somalia, which has only become more pronounced in recent years is migration and displacement. Due to years of conflict and natural disasters, millions of Somalis have been displaced and dispossessed of their land. Recent trends of returning refugees from neighboring countries and those who have been in a state of protracted displacement has resulted in large communities of internally displaced persons (IDPs) and vulnerable groups living in informal settlements with little to no access to tenure security. Because of the current trends, it is predicted that this dynamic will continue, and programs must account for the reality that not only will rapid urbanization rates require urban resilience measures, but also promoting social cohesion is vital to peacebuilding initiatives. Protective measures for vulnerable groups through safeguarding basic human rights and enhancing security of tenure is not only important for land tenure purposes, but it also facilitates reintegration and economic development that can help stabilize and develop the region.  Land disputes and conflict have disproportionate impacts on different groups within society. Women and youth are amongst the most disenfranchised when it comes to equal access to land use and ownership. With little formal recognition of rights to land and a male dominated customary land adjudication process, the rights of women are often periphery in land discussions. Ownership of land for Somali women is often linked to male relatives for greater protection. Such a reliance however limits their agency and poses a significant disadvantage to women-headed households. This programme will work towards enhancing women’s access to justice as end-users and encouraging their participation in land governance and adjudication systems.  Youth make up much of the Somali population, approximately 81.5% of the population is under the age of 35 . Despite the high number, this does not translate into proportionate political or social representation. They face numerous systemic barriers and require targeted advocacy to ensure that their rights are enforced. This project will benefit from, and work collaboratively with the PBF-funded Youth Political Empowerment project currently being implemented in Jubbaland and South West State. This program will aim to incorporate and integrate youth and their experiences, it will encourage their participation and ensure protection mechanisms are in place for them. Other vulnerable groups, including clan minorities are also marginalized when it comes to land access and rights. Using a human right centered approach to land management and supporting governments to standardize and promote land rights is key to a fair and equitable land reform process. By encouraging the participation of women and youth in land dispute resolution mechanisms we can begin to appropriately reflect the diversity of the communities in judicial and quasi-judicial processes. This project intersects on each of the five strategic priority areas from the UN Strategic Framework, and will directly support the realization of three of them:  1. Supporting institutions to improve Peace, Security, Justice, the Rule of Law and Safety of Somalis 2. Strengthening accountability and supporting institutions that protect 3. Strengthening resilience of Somali institutions, society and population8 By enabling governments to address land conflicts in a meaningful way, this project will establish land dispute resolution mechanisms to enhance access to justice, improve security and contribute to overall peace and adherence to rule of law. To ensure full national ownership this project hopes to create enabling dynamics that allow national, state and local governments to take the lead and institutionalize these efforts. This project will not only contribute to the UN’s strategic priorities, but also supports and aligns with several of the pillars of the Somali National Development Plan9 and the priority areas for each region. By working to improve land governance at local and national levels, this project contributes to enhancing Rule of Law, building effective and efficient institutions, supporting economic growth and safeguarding gender and human rights. Supporting customary and formal legal mechanisms that can address land disputes will work towards re-establishing the rule of law. A focus on land governance and management will also help build effective and efficient institutions that are better able to serve the public needs.  The project is aiming at capacitating approximately 500 direct beneficiaries (local authorities and community members) to information management system to register land, as well as approximately a total of 200,000 indirect beneficiaries (50,000 per target location) benefiting from improved justice mechanism and land information management systems.