Pathways and Institutions for Resolving Land Disputes in Mogadishu

 

Recent economic development has caused a steep rise in the value of urban real estate in Mogadishu. This is causing further jeopardy on questions of land tenure and ownership. Contributed further had land dispossession in Somalia, which occurred in multiple forms at different times and levels. At present, grievances over land and property contribute significantly to tensions and conflict in Mogadishu.

In order to inform its planned interventions with granular understanding of the origin and types of land conflicts and of the justice pathways aggrieved parties take, EAJ carried out research on access to land rights in Mogadishu. Key research questions concerned the historical background of Mogadishu and how historical population movements explain the depth and nature of some types of contemporary land grievances. In view of the present day land disputes, the research questions focused on the type of justice institutions available to justice seekers, the justice pathways people or groups of people take in order to seek solutions to their grievance, and what constituted vulnerability in the context of land disputes.

The research undertaking aimed to understand the “user perspective” of aggrieved parties and elaborate on how they navigate different justice institutions and authorities. It further aimed to elaborate on the type of advice and information available to users to that will allow them to make informed decisions in the selection of a particular justice institution or authority. Such perspective promised a more comprehensive view of justice sector challenges, rather than only focusing on the performance of one selected justice system. The findings demonstrate how access to justice is a feature of power controlled by economic, social, and political networks.

                           

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