INFORMAL JUSTICE SYSTEMS MUST BE INTEGRATED INTO DEVELOPMENT PROGRAMMES – UN STUDY

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From: guy perea <guyperea@rocketmail.com>
Date: Wed, 26 Sep 2012 16:34:19 -0700 (PDT)
Subject: INFORMAL JUSTICE SYSTEMS MUST BE INTEGRATED INTO DEVELOPMENT
PROGRAMMES – UN STUDY
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Subject: INFORMAL JUSTICE SYSTEMS MUST BE INTEGRATED INTO DEVELOPMENT
PROGRAMMES – UN STUDY

INFORMAL JUSTICE SYSTEMS MUST BE INTEGRATED INTO DEVELOPMENT
PROGRAMMES – UN STUDY
New York, Sep 26 2012 4:05PM
Informal justice systems to resolve disputes must be integrated into
broader development initiatives to guarantee the protection of human
rights, since they are preferred by a large number of people in
various developing countries, according to a United Nations study
released today.

The report, <i><"http://www.undp.org/content/dam/undp/library/Democratic%20Governance/Access%20to%20Justice%20and%20Rule%20of%20Law/Informal-Justice-Systems-Charting-a-Course-for-Human-Rights-Based-Engagement.pdf">Informal
Justice Systems: Charting a Course for Human Rights-Based
Engagement</i>, argues that informal justice systems in countries such
as Bangladesh, Ecuador and Malawi, among many others, "may be more
accessible than formal mechanisms and may have the potential to
provide quick, relatively inexpensive and culturally relevant
remedies."

Women, children and minorities in particular benefit from the impact
of these systems, the report says, providing a source of empowerment
for vulnerable populations.

"Informal or customary justice systems are a reality of justice in
most of the countries where UNDP works to improve lives and
livelihoods and government capacities to serve," said Assistant
Administrator of the UN Development Programme (UNDP), Olav Kjorven.

"The evidence in this report illustrates the direct bearing such
systems can have on women and children's legal empowerment, covering
issues from customary marriage and divorce to custody, inheritance,
and property rights."

The report – commissioned by UNDP, the UN Children's Fund (UNICEF) and
the UN Entity for Gender Equality and the Empowerment of Women (UN
Women) and produced by the Danish Institute for Human Rights – is the
most comprehensive UN study on this area of justice to date, UNDP said
in a <"http://www.undp.org/content/undp/en/home/librarypage/democratic-governance/access_to_justiceandruleoflaw/informal-justice-systems.html">news
release. The report draws its conclusions based on research carried
out in 18 developing countries.

"There has been little research or literature on children and informal
justice systems to date, and this study is important in beginning to
document the issues around children's engagement with informal justice
systems," said UNICEF Assistant Director Susan Bissell. "Reconciling
the procedures followed by informal justice systems with children's
rights, and ensuring that international standards about children and
justice are implemented, is a challenge that the report clearly
documents."

Both formal justice systems – government-supported laws, police,
courts, and prisons – and informal or traditional systems can violate
human rights, reinforce discrimination, and neglect principles of
procedural fairness.

"The efficacy of working with informal justice systems requires that
it be complemented by engagement with the formal justice system and
with development programming that addresses the broader social,
cultural, political, and economic context of informal justice
systems," the report says. Surveys in Somalia, it notes, found up to
80 per cent of the population preferred arbitration by clan leaders to
engagement with the formal justice system.

The report points out that formal and informal justice mechanisms need
to learn from and cooperate with one another to widen access to
justice and protection of human rights to all citizens. Broader
development initiatives in education and health may also help change
the way informal systems are structured and help create an environment
where human rights can be respected.

"The crucial value in this report lies in its emphasis on what can be
achieved in terms of improving access to justice and human rights
through informal systems," Mr. Kjorven said.

"Changes should be evaluated over the long term, but training
adjudicators, increasing the number of women in decisions-making
posts, empowering paralegals and women's groups to monitor and engage
with customary leaders – all these efforts will continually improve
individual and communal experiences of justice."
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