It is not easy to ask such a question. By asking this question, you are questioning the ability of an entire society to educate its youth. However, one would be forced to ask such a question in the current state of affairs in which the Somali Legal Education finds itself in.
Let me tell in clear points what the situation is like:
(1) The five major statutes: the Constitution, the Penal Code, and its Procedure, as well as the Civil Code and it’s Procedure, don’t have textbooks (the kind with commentaries, case studies, and explanations that teach students how the relevant provision could be applied).
(2) Because the basic textbooks don’t exist, teachers use whatever book they could find: a tort book from India, a Penal Code from Britain, an Administrative Law from Canada, and Introduction to Law from the Netherlands, etc;
(3) Students are supposed to be taught in English and are expected to understand abstract legal concepts in English but none of them (none of them) speak proper English;
(4) Teachers teach at least 5 to 6 subjects a week in at least two to three different universities and therefore have no time for thinking, writing, or finding innovative ways in teaching or even interacting with the students. It is a usual sight to see a teacher running from one university to another.
(5) There are no practicals at all. No clinics or internships. It is commonplace for students to graduate not having participated in a single moot court or have completed a single week-long relevant internship, thereby depriving the students of proper practical knowledge.
(6) There are no proper curriculums. Students are randomly taught random subjects. It is a common thing to see a student learning the Penal Code in the second semester and its Procedure in the 8th semester.
(7) And the worst of all, schools are not even sure what to teach the students – Sharia or Law.
Of course, the above mentioned 7 points are based on my quick observation and there is no doubt that proper studies will reveal much more weaknesses than my points state. So, two important questions to be asked for a start are: where should the Somali legal education system move to and how should it start its journey?
The answer to the first question is, of course, simple; the Somali legal education system should move to a more robust and advanced stage, where competent legal professionals could be produced.
However, the answer to the second question is much more difficult. Where do we start? It is more like a half-demolished construction site; so many debris and junks.
But I have developed an idea on where to start and it starts with a question which asks – could Somali legal scholars write a Somali Legal System based law books for Somali Students?
If the answer to this question is in the affirmative, then this should be the first step. And of course, the answer to this is in the affirmative. The destruction of the local legal education had the consequences of forcing a large number of wannabe legal professionals to the outside world in search of legal education and a substantial number of them, albeit confused and with very little experience, are back. This confused and inexperienced, but with proper legal education horde of legal professionals should be put to work. The authorities, schools, organizations, and other stakeholders interested in bringing about the establishment of a proper rule of law through proper legal education should encourage them to carry out the essential research required which should produce the relevant literature the system needs.
And in an attempt to find out whether the answer to the question in the title is in the affirmative, I have put myself to work to produce a very straightforward and simple commentary on the Federal Constitution of Somalia.
I will be posting excerpts from the book here as I finish for your comments and feedback. I hope it will encourage other young talented scholars to take up the task and put themselves to work.
As Obama said, ” “The best way to not feel hopeless is to get up and do something”.
