ACCESS TO JUSTICE BY VULNERABLE PEOPLE IN SOMALIA: CASE STUDY OF MOGADISHU

Purpose of Study: This study examines barriers to access to justice among internally displaced persons (IDPs), women, and persons with disabilities (PWDs) in Mogadishu, Somalia. It synthesizes evidence on structural, legal, and socio-cultural constraints, explores the interaction of formal, customary, and religious justice systems, and identifies gaps and priorities for inclusive sector reform. Methodology: The study used a desktop narrative review of peer-reviewed academic literature, reports from international organizations, and policy documents. Sources were identified through academic databases and institutional websites using terms related to justice, Somalia, legal pluralism, displacement, gender-based violence, and disability. Eligible English-language materials were assessed and thematically synthesized. Findings: The review indicates that access to formal courts is constrained by distance, cost, insecurity, corruption, limited legal aid, and institutional weaknesses. Reports estimate formal-court access at 15% for IDPs, 10% for women, and 5% for PWDs, although sources use differing methods. Customary Xeer and Sharia mechanisms remain widely used because they are familiar, accessible, and culturally embedded, but may lack oversight and procedural safeguards. Sexual and gender-based violence cases face low formal prosecution, informal settlement, underreporting, and case withdrawal associated with stigma, retaliation, and family pressure. Evidence on disability and intersecting vulnerabilities remains limited.Conclusion: The review concludes that access to justice in Mogadishu is shaped by structural exclusion and social power. Improving access requires strengthening courts and legal aid, making services disability-inclusive, supporting survivor-centered responses to violence, and engaging customary and religious providers with human rights safeguards. Intersectional research and disaggregated evidence are needed.

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Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-14
DOI
https://doi.org/10.5281/zenodo.23359054
Primary Topic
Legal Education and Practice Innovations
Type
article
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article

ACCESS TO JUSTICE BY VULNERABLE PEOPLE IN SOMALIA: CASE STUDY OF MOGADISHU

Issa Ahmed Warsame
Zenodo (CERN European Organization for Nuclear Research)
Legal Education and Practice Innovations
article

ACCESS TO JUSTICE BY VULNERABLE PEOPLE IN SOMALIA: CASE STUDY OF MOGADISHU

Issa Ahmed Warsame
article en

Abstract

Purpose of Study: This study examines barriers to access to justice among internally displaced persons (IDPs), women, and persons with disabilities (PWDs) in Mogadishu, Somalia. It synthesizes evidence on structural, legal, and socio-cultural constraints, explores the interaction of formal, customary, and religious justice systems, and identifies gaps and priorities for inclusive sector reform. Methodology: The study used a desktop narrative review of peer-reviewed academic literature, reports from international organizations, and policy documents. Sources were identified through academic databases and institutional websites using terms related to justice, Somalia, legal pluralism, displacement, gender-based violence, and disability. Eligible English-language materials were assessed and thematically synthesized. Findings: The review indicates that access to formal courts is constrained by distance, cost, insecurity, corruption, limited legal aid, and institutional weaknesses. Reports estimate formal-court access at 15% for IDPs, 10% for women, and 5% for PWDs, although sources use differing methods. Customary Xeer and Sharia mechanisms remain widely used because they are familiar, accessible, and culturally embedded, but may lack oversight and procedural safeguards. Sexual and gender-based violence cases face low formal prosecution, informal settlement, underreporting, and case withdrawal associated with stigma, retaliation, and family pressure. Evidence on disability and intersecting vulnerabilities remains limited.Conclusion: The review concludes that access to justice in Mogadishu is shaped by structural exclusion and social power. Improving access requires strengthening courts and legal aid, making services disability-inclusive, supporting survivor-centered responses to violence, and engaging customary and religious providers with human rights safeguards. Intersectional research and disaggregated evidence are needed.

Zenodo (CERN European Organization for Nuclear Research)
SIMAD University (SO)
Reduced inequalities, Peace, justice, and strong institutions, Gender equality
Openalex Percentile: Top 3%
Legal Education and Practice Innovations
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