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Periodical article | Leiden University catalogue | WorldCat |
Title: | Customary dispute resolution in Somalia |
Author: | Abdile, Mahdi |
Year: | 2012 |
Periodical: | African Conflict and Peacebuilding Review (ISSN 2156-7263) |
Volume: | 2 |
Issue: | 1 |
Pages: | 87-110 |
Language: | English |
Geographic term: | Somalia |
Subjects: | conflict resolution arbitration customary law |
External link: | https://www.jstor.org/stable/10.2979/africonfpeacrevi.2.1.87 |
Abstract: | This article examines the nature of the Somali customary dispute resolutions. The study identifies three forms of Somali 'Xeer' dispute resolution systems (i.e., negotiation, mediation, arbitration) but focuses on arbitration because, of the three customary dispute resolution mechanisms in Somalia, arbitration is the most commonly used but also the least researched in the studies of the 'Xeer' system. The study puts forward three arguments. First, 'Xeer' is an alternative dispute resolution system that facilitates reconciliation and promotes restorative justice. Second, 'Xeer' arbitration is relatively simple, familiar, transparent and accessible to those who wish to use it. Third, 'Xeer' arbitration has emerged as the best way to resolve disputes in contemporary Somalia. However, the success of 'Xeer' arbitration and customary dispute resolutions in general is contingent on the participation of the victims, perpetrators, and community. Bibliogr., notes, ref., sum. [Journal abstract] |