Informal Justice Systems: Charting a Course for Human - UN Women

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discLaimer the views expressed in this publication are those of the author(s) and do not necessarily represent those of the united nations, including unDP, unicef, un Women, or the un member states. the research and analysis in the publication was conducted solely by the author(s); neither united nations member states, nor agencies of the un system, including unDP, unicef, and un Women, are in a position to verify the information contained within the study.
informal justice systems charting a course for human rights-based engagement
Page 1: informal justice systems charting a
Page 5 and 6: List of abbreviations adr alternati
Page 7 and 8: summary a. pLacing informaL Justice
Page 9 and 10: state-linked or recognized along th
Page 11 and 12: . framing informaL Justice systems
Page 13 and 14: such as measures to tackle child ma
Page 15 and 16: ijs could also enforce norms that a
Page 17 and 18: face a choice between supporting in
Page 19 and 20: oX 8. programming in custom-based J
Page 21 and 22: oX 10. eXampLe of seLf-statement me
Page 23 and 24: could attempt to engage with the cr
Page 25 and 26: consideration. Programming can infl
Page 27 and 28: Programming should look at the tota
Page 29 and 30: introduction aims and approach unti
Page 31 and 32: it may be better to conceive of thi
Page 33 and 34: methodoLogy commissioned by unDP, u
Page 35 and 36: given the many and ambiguous relati
Page 37 and 38: the term ‘informal justice’ may
Page 39 and 40: and systems may provide or even enh
Page 41 and 42: cuLturaL rights and the LinK to Que
Page 43 and 44: who approaches the informal justice
Page 45 and 46: the country studies show that the l
Page 47 and 48: traditional authority structures fa
Page 49 and 50: emergence of modern nation states.
Page 51 and 52: models of common and civil law. 70
Page 53 and 54:
may differ slightly between countri
Page 55 and 56:
e good reasons why people prefer pr
Page 57 and 58:
the types of cases that traditional
Page 59 and 60:
there are few examples of religious
Page 61 and 62:
adjudicative function from its orig
Page 63 and 64:
for clear selection criteria and co
Page 65 and 66:
composition and appointment the tar
Page 67 and 68:
‘limited integration’ refers to
Page 69 and 70:
some lc courts do not refer cases t
Page 71 and 72:
transformation of customary, indige
Page 73 and 74:
according to african rights (1996),
Page 75 and 76:
People typically sought outside adv
Page 77 and 78:
ineffectiveness: settlement of case
Page 79 and 80:
nevertheless, the data also appear
Page 81 and 82:
2. informal Justice systems’ case
Page 83 and 84:
preferences and gender of users in
Page 85 and 86:
KnoWLedge and use of LaWs and LegaL
Page 87 and 88:
case outcomes Providers indicate th
Page 89 and 90:
these functions or by legally recog
Page 91 and 92:
substantive issues the core issue h
Page 93 and 94:
the path that the court has chosen
Page 95 and 96:
this area is difficult to regulate
Page 97 and 98:
impLications for programming the pr
Page 99 and 100:
violence against women (VaW) is a h
Page 101 and 102:
the ceDaW reporting guidelines 174
Page 103 and 104:
on procedures for appointment. acco
Page 105 and 106:
law, without discrimination. 203 in
Page 107 and 108:
While law reforms in 2006 removed t
Page 109 and 110:
substantive rights: Women’s human
Page 111 and 112:
the recognition of customary marria
Page 113 and 114:
custody of chiLdren the ceDaW commi
Page 115 and 116:
may be far from their own families
Page 117 and 118:
the 1998 ugandan legislation was th
Page 119 and 120:
again, a distinction must be made b
Page 121 and 122:
surface and be reflected in customa
Page 123 and 124:
four guiding principles from the co
Page 125 and 126:
customary leaders to carry out adop
Page 127 and 128:
enforcement of such rights is uncer
Page 129 and 130:
consideration of the periodic repor
Page 131 and 132:
informaL Justice systems, chiLd vic
Page 133 and 134:
in cooperation with unicef, unoDc h
Page 135 and 136:
the country studies in this study d
Page 137 and 138:
programming With informaL Justice s
Page 139 and 140:
many standards on structure and pro
Page 141 and 142:
structures in which custom is embed
Page 143 and 144:
incLusion of informaL Justice syste
Page 145 and 146:
While the World Bank study in sierr
Page 147 and 148:
the category of safety and security
Page 149 and 150:
CaTegorieS Sub- CaTegorieS Structur
Page 151 and 152:
programming and the LinK to typoLog
Page 153 and 154:
the study cites schärf’s view th
Page 155 and 156:
advantages of ‘justice as theatre
Page 157 and 158:
aSSumpTionS of feaSibiliT y and imp
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
constitutional level alone, without
Page 165 and 166:
aims to document customs that promo
Page 167 and 168:
7. conduct/supervise the ascertainm
Page 169 and 170:
Where local elders choose tradition
Page 171 and 172:
practices, 416 which makes some use
Page 173 and 174:
accountabiLity mechanisms: transpar
Page 175 and 176:
LinKages among primary Justice prov
Page 177 and 178:
Linkages to Wider development progr
Page 179 and 180:
carbone, g. m., 2003: Emerging Plur
Page 181 and 182:
Kanyongolo, f. e., 2006: Malawi: Ju
Page 183 and 184:
siddiqi, D./one World action, 2003:
Page 185 and 186:
unesco.org/fileadmin/multimeDia/hQ/
Page 187 and 188:
Vera institute of justice, 2003: Me
Page 189 and 190:
Press release of 15 july 2010 regar
Page 191 and 192:
land act, chapter 227, 1998 (uganda
Page 193 and 194:
methodoLogy process ...............
Page 195 and 196:
country studies the country studies
Page 197 and 198:
seLection of geographicaL areas for
Page 199 and 200:
there is a risk of a tendency to pl
Page 201 and 202:
the quantitative research, which wa
Page 203 and 204:
the operation of informaL Justice s
Page 205 and 206:
viLLage courts and arbitration coun
Page 207 and 208:
including in ijs. Public perception
Page 209 and 210:
the ngo then appoints a paid mediat
Page 211 and 212:
WHEN YOU HAVE A PROBLEM OR CASE, WH
Page 213 and 214:
provider profiLes IF THERE IS A CON
Page 215 and 216:
matters involving female disputants
Page 217 and 218:
isk. in some places, schools had be
Page 219 and 220:
and opportunity factors, fear of th
Page 221 and 222:
ecommendations for future programmi
Page 223 and 224:
country study - ecuador the study .
Page 225 and 226:
are indigenous according to the un
Page 227 and 228:
that the deputy is recognized by th
Page 229 and 230:
society, without altering the princ
Page 231 and 232:
in this regard, this provision of t
Page 233 and 234:
epresentatives as well as the un in
Page 235 and 236:
as concerns mediation, interviews w
Page 237 and 238:
profiLes, incLuding gender and age
Page 239 and 240:
for the settlement of a case, the p
Page 241 and 242:
Placing in confinement 80 (in the c
Page 243 and 244:
esources: Land and Water disputes,
Page 245 and 246:
have equal opportunities to voice t
Page 247 and 248:
WHO WOULD PRESENT THE CHILD’S INT
Page 249 and 250:
programming government programmes P
Page 251 and 252:
unifem works on Women’s access to
Page 253 and 254:
anneX i - eXcerpt of the organic La
Page 255 and 256:
art. 345. - DeclinaciÓn De comPete
Page 257 and 258:
the mission also included meetings
Page 259 and 260:
the roLe and functions of customary
Page 261 and 262:
customary or isLamic LaW? in practi
Page 263 and 264:
participation and gender the above-
Page 265 and 266:
While some interviewees did mention
Page 267 and 268:
majority of the people, and the cle
Page 269 and 270:
of women bring gBV or VaW cases to
Page 271 and 272:
constitutional provisions, could pr
Page 273 and 274:
detain people. it is known for chie
Page 275 and 276:
succession matters invoLving chiLdr
Page 277 and 278:
LegisLation as mentioned above, att
Page 279 and 280:
outreach instruments unsurprisingly
Page 281 and 282:
country study - papua neW guinea me
Page 283 and 284:
peace officers/ngo or church-sponso
Page 285 and 286:
eminder. if the subject of the noti
Page 287 and 288:
White Paper proposes a review of th
Page 289 and 290:
preferences of users and profiLes o
Page 291 and 292:
WHEN YOU HAVE A PROBLEM OR CASE, WH
Page 293 and 294:
against these developments in the l
Page 295 and 296:
communities. the capacity constrain
Page 297 and 298:
chiLdren and informaL Justice syste
Page 299 and 300:
the link between child rights and r
Page 301 and 302:
ecommendations for future programmi
Page 303 and 304:
country study - maLaWi methodoLogy
Page 305 and 306:
Political deadlock prevented the ad
Page 307 and 308:
carried out by the mediators is ava
Page 309 and 310:
as cammack, Kanyongolo and o’neil
Page 311 and 312:
normative basis the constitution re
Page 313 and 314:
means of expectations of proper con
Page 315 and 316:
chiefs against charging fees. a fur
Page 317 and 318:
a parallel structure to magistrate
Page 319 and 320:
evieW and supervision the commissio
Page 321 and 322:
user preferences WHEN YOU HAVE A PR
Page 323 and 324:
WHICH JUSTICE PROVIDER DO YOU PREFE
Page 325 and 326:
issues reLated to marriage the mhrc
Page 327 and 328:
age of marriage, chiLd marriages an
Page 329 and 330:
forum in the community and the woma
Page 331 and 332:
courts illustrate the necessity to
Page 333 and 334:
a manual that was more specifically
Page 335 and 336:
most usefully be integrated into st
Page 337 and 338:
many of the harmful practices have
Page 339 and 340:
justice, as reflected primarily in
Page 341 and 342:
system that has developed due to lo
Page 343 and 344:
LC III Court at Sub-County Level LC
Page 345 and 346:
Police force, such as by initiating
Page 347 and 348:
the ugandan prison system as in man
Page 349 and 350:
unlike other regions of uganda, the
Page 351 and 352:
jurisdiction in criminal cases invo
Page 353 and 354:
one major weakness of the system is
Page 355 and 356:
of cases. typically, women have les
Page 357 and 358:
or in some cases ‘remanding’ th
Page 359 and 360:
adjudication bodies such as the ins
Page 361 and 362:
aised questions on the relationship
Page 363 and 364:
the offender. 95 as a consequence,
Page 365 and 366:
traditional justice approaches have
Page 367 and 368:
dispute resoLution in northeast uga
Page 369 and 370:
minor offences are usually dealt wi
Page 371 and 372:
livelihoods, income generation for
Page 373 and 374:
customary marriage the customary ma
Page 375 and 376:
female children can inherit propert
Page 377 and 378:
vioLence against Women the widespre
Page 379 and 380:
defilement ‘with or without corpo
Page 381 and 382:
however, much of a woman’s status
Page 383 and 384:
the status of chiLdren in uganda Le
Page 385 and 386:
act. 205 many of the offences that
Page 387 and 388:
an educated girl in Karamojong soci
Page 389 and 390:
their land to remain under customar
Page 391 and 392:
clarification of the lc system’s
Page 393 and 394:
there has been a tendency towards a
Page 395 and 396:
elated to the discussion of increas
Page 398:
united nations development programm
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Informal Justice Systems: Charting a Course for Human - UN Women

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