By Liban Obsiye - Head of Somalia’s National Climate Fund
“Somalia’s Juvenile Justice Law can protect vulnerable children, but its promise will depend on turning legal reform into everyday practice.” Liban Obsiye
The injustices faced by children in post-conflict states are difficult to comprehend, let alone address effectively and quickly through government policy. Children are among the most vulnerable members of any society, and the best societies are those that treat children and families with dignity and fairness while providing the basic services and opportunities they need to grow into healthy, happy and educated adults.
Childhood should be a period of happiness and stability, supported by care, love and guidance. In post-conflict states, however, as in many developing countries, many children are denied the protections and opportunities that should define childhood.
Childhood, in its legal definition, is generally age-bound and linked to internationally recognised stages of human development. Yet in Somalia, it is common to see children barely past infancy working or even living on the streets. Formal child-protection laws and services remain limited. This is deeply troubling.
Somali civil society, government institutions and their partners have demonstrated good intentions through various forums and policies aimed at supporting children and young people. However, wider state-building challenges, the continuing fight against terrorism, and limited—though improving—domestic revenue make it difficult for the Somali Government to provide even essential services such as education and healthcare. Within this painful reality, some children and young people turn to crime in order to survive. When they are accused of breaking the law, they enter a justice system that must recognise both public safety and their status as children.
Crime and punishment have always been closely connected. Crime harms innocent people, damages livelihoods and disrupts social stability. But what happens when the alleged offender is a child? In principle and in practice, regardless of the seriousness of the offence, a child-centred approach must guide the entire justice process—from investigation and trial to sentencing and, only where absolutely necessary, detention—to protect both the child’s rights and public safety.
Somalia’s new Juvenile Justice Law provides a strong blueprint for a child-centred system anchored in human rights and focused on rehabilitation rather than punishment. The proposed establishment of specialised juvenile police units, legal assistance, dedicated courts, appropriately trained judges and rehabilitation centres could be transformative. This represents an important departure from earlier situations in which children accused of petty theft could be detained alongside adults accused or convicted of violent or terrorism-related offences, sometimes before their cases had even reached trial.
Criminal justice reform in Somalia is challenging. The Ministry of Justice therefore deserves recognition for advancing the Juvenile Justice Law with UNICEF’s support. Yet adopting the law is only the first step. The real work of translating policy into practice must begin immediately if children are to benefit. The central question is: where should implementation begin when so much remains to be done?
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A first priority is to train judges, prison officers, police investigators, prosecutors and defence lawyers in child-centred justice. This will take time, which is precisely why the work must begin immediately. Training should help justice professionals see proceedings from a child’s perspective and understand children’s physical, cognitive and psychological development. This can lead to a better appreciation of mitigating circumstances and to fairer decisions that favour rehabilitation, education, skills development and psychological support wherever appropriate.
Child protection is everyone’s responsibility. Supporting a child through the justice system therefore requires cooperation among teachers, social workers, academics, religious scholars, family members and justice professionals. In a society with a weak social safety net and high levels of child poverty, Somalia needs especially strong social solidarity to help children recover, reintegrate and reach their full potential.
Somalia’s judicial culture must also change if juvenile cases are to meet international human-rights standards and protect the dignity of children and their families. Televised proceedings, highly publicised judgments and the stigmatisation of young people can cause lasting harm. The system must move away from an overly confrontational and adult-centred model towards a collaborative, multi-agency process in which the best interests of the child are the primary consideration. This is essential if young offenders are to be rehabilitated and supported to become productive adults who contribute to society.
Somalia’s justice sector has received bilateral and multilateral support from donors and development partners for decades. Alongside limited resources, however, poor coordination remains a major challenge. Partners committed to juvenile justice should use the new law as a shared framework for strategic support. The Ministry of Justice should lead the preparation of a clear, costed and time-bound implementation workplan, while government institutions, donors and partners should make specific commitments aligned with their mandates and resources. A coordinated approach—supported by clear responsibilities, monitoring and accountability—will help Somalia turn the law into meaningful, sustainable justice for children.
Liban Obsiye is the Head of Somalia’s National Climate Fund and the Head of the Horn of Africa Initiative (HoAI) Secretariat.
The opinions expressed in this article are those of the writer and do not necessarily reflect the views of Dawan Africa.