Kismayo – In many developed countries, when lawyers are asked about why they entered the legal field, they often note the impact of fictional television shows watched during formative years – they mention how inspiring it was to see onscreen lawyers in action, fighting for justice and accountability against seemingly insurmountable odds.
This was not the case for Ali Abdullahi Mubarak.
For Mr. Mubarak, a promising young lawyer in Jubaland, Somalia’s southernmost Federal Member State, his path to the law was shaped by very real experiences growing up during his country’s civil war and ensuing civic strife.
He was born in 1997 in the city of Garbaharey, in the Gedo region, located 588 kilometres from Kismayo, the capital of Jubaland. His childhood was marked by difficult living conditions due to the armed conflict and economic instability.
“The future was uncertain. It was not easy to focus on learning when survival was the immediate concern, but I knew education was my only way out,” Mr. Mubarak says.
But the hardships he witnessed – and often endured – instilled a strong awareness of the importance of justice, especially for those whose rights had been violated due to the chaos and lawlessness of that time.
While Mr. Mubarak does not think he would have been able to articulate it clearly then, he is definitely able to now: “Justice was and is the only way we can redefine and regain trust in our communities and government. Without justice, we are doomed.”
He steered his academic path towards the law, and towards a career centred on the idea of providing his countrymen and women with equal access to justice.
“My mission is to see a well-reformed justice system in Jubaland – a system that will ensure that everyone, regardless of their circumstances, has access to legal representation and justice,” the 27-year-old lawyer says.
Legal studies
Mr. Mubarak undertook his primary and secondary schooling at Gogal Primary School and Amiru Nur Secondary School both located in Garbaharey. In 2018, the then-21-year-old moved to the country’s north to enroll in the Faculty of Sharia and Law at Puntland State University (PSU) – he was the first member of his family to attend university.
At PSU, his love for law, justice and equality blossomed.
“I actively participated in legal clubs at the university. We started advocating for vulnerable and marginalised communities in Garowe. That’s where I really developed the belief that equality before the law is a vital aspect of justice,” he recalls.
In January 2019, while pursuing his studies, Mr. Mubarak secured a hands-on toe-hold in the profession.
“I landed a 12-month internship at the Puntland Attorney General’s Office, which did not require certification. It marked a pivotal moment in my career, giving me my first hands-on experience in the legal field. I learned how to conduct legal research and draft documents,” Mr. Mubarak says.
Those skills laid the foundation for his future career as an advocate. Additionally, he gained invaluable courtroom experience.
“I observed how legal advocacy and procedures are conducted in real-world settings. That honed my skills in handling my own independent legal cases and advocating for justice,” Mr. Mubarak says.
In 2020, he had started his own legal practice while completing his studies, often taking on cases pro bono when those involved were unable to afford legal representation. It was not easy.
“In Garowe, I worked closely on gender-based violence cases, advocating for the rights of women and girls. It was far from easy and demanded substantial extra effort,” Mr. Mubarak says.
He graduated from PSU in 2021 with a bachelor’s degree in law and sharia and worked for an additional year as a licensed lawyer in Puntland before returning to Jubaland.
Return to Jubaland
Mr. Mubarak’s passion for the law continued unabated in 2022 when he landed in Kismayo, ready to establish himself in Jubaland’s legal arena – and to put in place a vision.
Bar associations are groupings of lawyers which primarily deal with issues affecting the legal profession. This can include advocacy for reforms in the legal system, support for research projects, and the regulation of professional standards.
The Jubaland Bar Association (JBA) had been in existence since 2019. According to the association’s website, its mandate is to ensure that lawyers observe their duties, ensure access to justice, promote a fair and independent judiciary, respect human rights, advance legal education, and facilitate the democratic and proper application of the law.
But the JBA had become moribund, and Mr. Mubarak set about uniting the Federal Member State’s fragmented group of independent legal practitioners into a cohesive legal community, united in advocating for the profession and its clients.
It did not happen overnight, and required much effort.
“After several months, many of my colleagues were convinced of the initiative,” he notes, although reinvigorating the association was not the end-goal for the young lawyer.
By November 2023, Mr. Mubarak was standing for the post of JBA chairperson and won the election.
He saw his new role as an opportunity to enact change on a larger scale and enable his vision for the Jubaland legal system to be centred on inclusivity and access to justice for all, particularly the underserved. Under his leadership, the association expanded its membership and currently has 24 active members across various towns in Jubaland.
However, a shortage of practising lawyers had led to a backlog of cases in local courts.
“There are currently many unresolved cases,” he explains.
This situation prompted him to broaden JBA’s reach, including with a long-term strategy – Mr. Mubarak initiated an internship programme for the association. It offers practical experience to aspiring legal professionals with the aim of helping ensure that the next generation is well-equipped to serve the community. There are currently 11 interns in the programme.
“This programme allows us to engage the younger generation, especially women, in the legal field,” he says. “We need to build a system that reflects the values of justice and equality for all people, without discrimination.”
Justice for the marginalised
Even with these positive developments, people living in Jubaland continue to face barriers to accessing justice in a system marred by years of conflict, which led to neglect of due process and fair trials.
Recognizing the critical need for reform, the JBA has collaborated with the United Nations Transitional Assistance Mission in Somalia (UNTMIS), through its Human Rights and Protection Group (HRPG), to overcome some of these gaps.
One area of cooperation has been advocacy and legal representation for vulnerable and marginalized members of society, especially children associated with armed groups. Although both the Jubaland Provisional Constitution and Somalia's Provisional Constitution guarantee the right to legal representation and a fair trial, the practical application of these principles has been inadequate.
“I have represented two pro bono cases in Kismayo in 2024 alone,” Mr. Mubarak says. "I took on these challenging, unpaid cases because there are people who desperately need justice, yet for many of them, the legal system feels out of reach – almost like a privilege reserved for others. I wanted to change that and demonstrate that the law could be their ally as well.”
As an advocate for the rights of vulnerable groups, the young lawyer has supported efforts to implement the Standard Operating Procedures adopted by the Somali Federal Government in 2024 for the reception and handover of children separated from armed groups in Somalia.
“In April 2023, children were brought before the court, where they were initially sentenced to death. However, through joint efforts from different actors, we successfully appealed their cases at the High Court, a process that took three months. In the end, the children were handed over to UNICEF [UN Children’s Fund] for rehabilitation, thanks to the crucial support from UNTMIS’s human rights team and UNICEF and the willingness of local authorities to comply with international standards,” he says.
Mr. Mubarak is currently working on two similar cases which are still pending in court. In support of these legal actions, the JBA has also received training and technical assistance from UNTMIS human rights experts on legal frameworks concerning fair trials, due process, and the rights of children separated from armed groups.
The training included adherence to national policies, such as the Standard Operating Procedures for the reception and handover of children separated from armed groups, which provide specific guidelines for their treatment.
Push for reform
Mr. Mubarak’s work in support of legal reforms and advocacy is far from over – whether it be calling for shorter detention times or for the authorities and international partners to prioritise the training of military court judges in Jubaland, especially those handling cases involving children, to encouraging stronger cooperation between the JBA and correctional services.
“We need serious changes in processing cases, from arraignment to sentencing. Sometimes cases are hidden, and sentences are passed without legal representation. That is unacceptable,” he says, adding, “The current system does not adequately address the specific needs of juveniles, and reforms are needed. More specialised trainings for military courts are needed.”
“There is a lack of coordination between our prisons or correctional services and the JBA,” he continues. “We hope to develop relations for better case management and legal outcomes.”
UN support
At the eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, held in Cuba in 1990, UN Member States adopted the ‘Basic Principles on the Role of Lawyers.’
These principles were formulated to assist countries with promoting and ensuring the proper role of lawyers. Among the document’s points are that all persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings, and that governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction.
In Somalia’s Federal Member State of Jubaland, the United Nations is working with the government and civil society groups such as the JBA in support of their efforts.
“Following the challenges highlighted by several justice actors on specific international standards and procedures here, we’re providing regular technical support to different judicial authorities to enhance their ability to understand and comply with international human rights law while promoting local ownership of such processes,” says UNTMIS’s human rights team leader in Kismayo, Manuela Cruz.
“More recently, we organized a training on age assessment guidelines and standards in Kismayo, for key actors in the administration of justice, including the JBA, to enhance their ability to protect children associated with armed groups and to apply the procedures adopted by the Somali Federal Government,” she adds.
