Document Abstract
Published:
2006
Doing justice: how informal justice systems can contribute?
A case for increasing UNDP's engagement with informal justice system
This paper is for practitioners working on access to justice. It presents a case for UNDP to increase its engagement with informal justice systems so that access to justice for poor and disadvantaged people can be strengthened.
The author argues that engaging with informal justice systems is necessary for enhancing access to justice for the poor and disadvantaged. Ignoring such systems will not change problematic practices present in the operations of informal justice systems.
The author says any initiatives undertaken should work towards gradually enhancing the quality of dispute resolution and addressing the weaknesses faced by informal justice systems. Such initiatives should be part of a broader, holistic access to justice strategy, which focuses on achieving the broader goal of enhancing access to justice by working with both formal institutions and informal justice systems.
However, there are no templates that identify generic entry points for access to justice programming. In order to choose an entry point, the situation in relevant sectors should be identified and catalytic actors and institutions should be identified. Needs assessments are a good entry point. The challenge is not only to learn from other experiences (in particular, those from developing countries that have overcome similar challenges) but also to provide customised solutions for particular situations.
The paper makes several recommendations for engagement with informal justice systems including:
The author argues that engaging with informal justice systems is necessary for enhancing access to justice for the poor and disadvantaged. Ignoring such systems will not change problematic practices present in the operations of informal justice systems.
The author says any initiatives undertaken should work towards gradually enhancing the quality of dispute resolution and addressing the weaknesses faced by informal justice systems. Such initiatives should be part of a broader, holistic access to justice strategy, which focuses on achieving the broader goal of enhancing access to justice by working with both formal institutions and informal justice systems.
However, there are no templates that identify generic entry points for access to justice programming. In order to choose an entry point, the situation in relevant sectors should be identified and catalytic actors and institutions should be identified. Needs assessments are a good entry point. The challenge is not only to learn from other experiences (in particular, those from developing countries that have overcome similar challenges) but also to provide customised solutions for particular situations.
The paper makes several recommendations for engagement with informal justice systems including:
- identify the claim holders – those who are most vulnerable.
- identify the duty bearers – the ones accountable for addressing the issues (including institutions, groups, community leaders)
- assess and analyze the capacity gaps of claim holders to be able to claim their rights and duty bearers to be able to meet their obligations and use analysis to focus capacity development strategies.
- capacity development for access to justice requires building on existing strengths and solutions.
- programmes that seek to work with informal justice systems should attempt to promote the positive aspects of the informal systems and reform the negative aspects.
- find solutions for problems instead of imitating models.
- recognize that it is impossible to remedy at once all the shortcomings of informal justice systems.
