Navigating complex pathways towards justice | The Hague
Navigating complex pathways towards justice for all
Customary and informal justice (CIJ) describes justice and conflict resolution mechanisms that operate outside the formal system of state-based laws and courts. CIJ encompasses a range of solutions from traditional and indigenous systems to local alternative dispute resolution. CIJ systems are often more cost effective, accessible, and trusted compared to formal systems; they tend to emphasize restorative justice, flexible rules and procedures, and negotiated solutions that are culturally resonant. At the same time, some CIJ practices are inconsistent with international human rights standards and reflect unequal power dynamics and conservative social norms, with adverse effects on women and other excluded groups.
IDLO is committed to engaging with the diverse pathways available to justice seekers, especially women and other excluded groups, strengthening the accessibility, responsiveness and accountability of CIJ providers, and ensuring that these cooperate with formal justice systems. We seek to promote innovative approaches, generate knowledge and influence policy in ways that centre CIJ in the global justice agenda.
IDLO has taken a leadership role in the global Working Group on CIJ and Sustainable Development Goal (SDG) 16+, a unique coalition that includes a broad array of actors, from UN and other intergovernmental agencies to grassroots justice defenders and community groups, and advocates for the centrality of diverse pathways to justice in achieving SDG 16. In 2023, the Working Group published Diverse Pathways to People-Centred Justice, a landmark report articulating a new consensus on the need to engage with CIJ actors and practices in efforts to enhance access to justice and strengthen the rule of law. It will serve as a basis for further multi-stakeholder collaboration on CIJ policy and programming at the global level in the years ahead.
Issue Brief: Women’s Participation and Leadership in Customary and Informal Justice Systems
The majority of justice seekers worldwide resolve their problems through customary and informal justice (CIJ) systems. Women constitute the largest group of users of CIJ systems for diverse reasons and rely on them for resolution of their justice problems.
Diverse Pathways to People-Centred Justice
Globally, most people do not resort to formal justice systems to address their justice problems. Rather, they rely on diverse pathways to justice often referred to collectively as “customary and informal justice” (CIJ).
Community Paralegals and Customary and Informal Justice
Community Paralegals and Customary and Informal Justice explores how community-based paralegals and other legal aid providers can strengthen the accessibility and inclusiveness of customary and informal justice (CIJ) systems.
Accessing Justice: Somalia's Alternative Dispute Resolution Centers
Accessing Justice: Somalia's Alternative Dispute Resolution Centers reviews structural, procedural, and normative dimensions of justice in six Alternative Dispute Resolution (ADR) Centers in Somalia, documenting insights from ADR Coordinators, Clerks, paralegals, and Adjudicators as well as users of the Centers.
View moreIssue Brief: Women and Customary and Informal Justice Systems
Women and Customary and Informal Justice Systems focuses on the relationship between women and customary and informal justice (CIJ) systems.
View morePolicy and Issue Brief: Engagement with Customary and Informal Justice Systems
In a bid to make justice accessible for all, IDLO has launched a series of Consultations on customary and informal justice systems. The global dialogue is informed by a series of publications titled “Navigating Complex Pathways to Justice: Engagement with Customary and Informal Justice Systems” that seeks to advance policy dialogue and distil lessons from programming and research, to help realize Sustainable Development Goal 16.
View morePractitioner Brief: Engagement with Customary and Informal Justice Systems
In a bid to make justice accessible for all, IDLO has launched a series of Consultations on customary and informal justice systems. The global dialogue is informed by a series of publications titled “Navigating Complex Pathways to Justice: Engagement with Customary and Informal Justice Systems” that seeks to advance policy dialogue and distil lessons from programming and research, to help realize Sustainable Development Goal 16. This Practitioner Brief offers a set of concrete tools, recommendations and good practices to support engagement with customary and informal justice systems.
Navigating complex pathways towards justice for all
As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief for the project, "Strengthening Linkages Between Formal Justice System and Traditional Dispute Resolution System to Improve Access to Justice - Phase II". The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
Growing insecurity and instability, recurring and protracted conflict and violence, increasing inequality, exclusion and discrimination, deterioration of international human rights and humanitarian norms, all signal the importance of strengthening the rule of law in today’s rapidly changing world. Notably, Goal 16 of the 2030 Agenda for Sustainable Development seeks to promote peace, justice and strong institutions.
Mali has suffered from ongoing attacks from armed groups, creating an enduring climate of conflict and volatility.
Like other countries on the African continent, the Ugandan justice sector faces many challenges. Citizens demonstrate a widespread distrust towards formal justice institutions, which are perceived as corrupt, removed from the communities, expensive and slow to resolve disputes. This lack of confidence in the formal system leads people to resort to other means to seek recourse, and may also increase the likelihood of violence and further corruption.
Lack of access to a fair and equitable justice system is one of the most pressing problems confronting modern Somalia on its path towards stability and reconstruction. Rebuilding Somalia’s formal justice system is a highly challenging, complex, and long-term undertaking. In fact, there have not been any effective formal justice institutions in the country for over two decades.
“I come from Bangladesh, a country which also has enormous problems about the denial of justice, and about efforts and the measures that are being taken to strengthen people’s capacity to access justice. But, it was here in Africa, that I learned what it can mean, in real terms, for the people. And I will tell you now the story of Rosie.”
In Kyrgyzstan, members of Aksakal courts (Elders courts) expressed an interest in receiving training on their legal jurisdiction and on carrying out their mandate from members of the formal justice system. In April 2017, IDLO facilitated a training program for members from the Chui region (oblast).
Click on the caption below each image to learn more
In 2012, the Federal Government of Somalia took office with international backing after two decades of warfare. Since then, the government has developed a National Stabilization Strategy (NSS) to address enduring areas of conflict in the country with ‘top-down’ and ‘bottom-up’ reconciliation and clan-conflict reduction strategies. While commendable for its multifaceted response, there is a recognized need to improve rule of law at the community level.
Policy Statements
|
Highlight
|