[{"bbox": [82, 104, 1146, 399], "category": "Text", "text": "the FGS, although regular, non-elite SNA forces are often more loyal to clan affiliation, in many cases trumping the formal chain of command. The police (including maritime) - at federal and regional level - remain weak and unable to fulfil their role to the expected standards. That is particularly true for state police forces in the FMS (with the exception of Puntland) where police numbers, infrastructure, training, equipment, command structures and supervision are seriously lacking. And whilst capacities and presence have gradually improved, thanks to the significant support of international partners, including the comprehensive assistance provided by the EU, there is still a capability gap. At FMS level Somali security institutions remain at an embryonic state, poorly staffed and lacking sorely needed capacities to prevent and fight criminal activities on land and on the sea. This security vacuum has not only allowed non-state actors to remain key players, often providing clan-affiliated security and engaging in conflict resolution, but has also facilitated various forms of regional trafficking and smuggling, challenging even more the security of the country."}, {"bbox": [82, 408, 1146, 834], "category": "Text", "text": "The formal justice system has barely recovered from two decades of neglect, suffering from similar weaknesses as the security sector and plagued by accusations of inaccessibility, inefficiency, partiality and corruption, leading Somalis to overwhelmingly rely on the more trusted alternative/traditional forms of justice dispensation systems (xeer, shariah and alternative dispute resolution) as well as Al Shabaab courts, known to be fast and efficient. There are two distinct ‘non-state’ legal systems in Somalia: xeer, traditional law, and Sharia, Islamic law. Clan elders oversee the implementation of the local xeer, while Islamic scholars are responsible to render religious judgments related to criminal acts and civil disputes. In support of traditional systems, and in an effort to formalise them, a more structured type of alternative dispute resolution (ADR) was launched by the Federal Government in 2013. It was adopted as a supplementary approach to justice by the Ministry of Justice of the FGS in 2014, with a National ADR Policy developed and adopted in 2016. This currently takes the form of ‘ADR centres’ operating in 16 locations across the country. These alternative/traditional systems provide a certain access to justice yet not for more serious crimes. A positive consequence of the introduction of ADR has been that there is some acceptance of ‘cross-referring’ cases from traditional to formal systems, as appropriate. Nevertheless, the fight against impunity and corruption and the promotion of a culture of peace, reconciliation and justice need to be strengthened at all levels, taking into account gender implications as well as grievances by youth and minorities. Last but not least, a final agreement regarding the federal justice framework still has to be reached."}, {"bbox": [82, 845, 1146, 1033], "category": "Text", "text": "As a result, most of the country depends on inadequate or very basic security and judicial service provision. Overall, the population in general does not yet benefit from inclusive, equitable and accountable governance, human security, access to justice and respect for human rights. Rule of law in Somalia (including Somaliland) remains a significant challenge, particularly outside Mogadishu and in the FMS, and it is within this framework that this action has been designed. The EU's proposed intervention will be based on an analysis of the opportunities which a more specific geographic focus provides by assessing whether and where it makes sense to invest without undermining the overall federal project."}, {"bbox": [71, 1062, 311, 1094], "category": "Section-header", "text": "## 2.2. Problem Analysis"}, {"bbox": [82, 1107, 302, 1134], "category": "Text", "text": "### Short problem analysis."}, {"bbox": [82, 1145, 1146, 1253], "category": "Text", "text": "The past years have shown that security and justice gains are often short-lived in the absence of political agreements resolving some of the long-standing conflicts and tensions between different Somali actors. Focusing therefore on the central level has not been able to foster the implementation of the National Security Architecture, nor the adoption of a federal formal justice system."}, {"bbox": [82, 1263, 1146, 1530], "category": "Text", "text": "Somalia's national, regional and state forces remain weak and poorly integrated which has contributed to leave space for non-state armed groups, including Al Shabaab, but also clan-affiliated militias, to exercise significant authority over the political and security landscape and affecting negatively the situation of minorities and other vulnerable groups. Maritime police units and coast guards are dramatically under-equipped with respect to the long coastline they have to secure (more than 3,333 kilometres in length, the longest of mainland Africa) and the strategic position given the proximity to the Gulf of Aden, one of the world's busiest maritime shipping lanes in the world). This is in addition to the multiple threats faced, such as people trafficking, the smuggling of weapons and animals, illegal migration, illegal fishing, etc. In light of the lack of focus on maritime security the potential of the blue economy remains unused and the chance for a significant increase of revenue through the maritime branch of industry stays undeveloped."}, {"bbox": [82, 1541, 1146, 1650], "category": "Text", "text": "Allegations of serious human rights abuses by state and non-state armed groups are a major escalatory factor in the country's unrest and fundamentally undermine stabilisation and peacebuilding efforts. The capacity of statutory courts is extremely low and whilst customary and Sharia-based judicial systems have always enjoyed strength and legitimacy and whilst there is some cross-pollination between them and the formal judicial system (where that exists),"}, {"bbox": [1051, 1662, 1157, 1687], "category": "Page-footer", "text": "Page 5 of 24"}]