Customary and Informal Justice

Customary and informal justice (CIJ) describes justice and conflict resolution mechanisms that operate outside the formal system of state-based laws and courts, ranging from traditional and indigenous systems to local alternative dispute resolution. CIJ systems tend to be cheaper, more accessible, and better trusted than formal systems; they emphasize restorative justice, flexible rules and procedures, and negotiated solutions that are culturally resonant. However, they often operate in ways not consistent with international human rights standards and reflect unequal power dynamics and conservative social norms, with adverse effects on women and other excluded groups.

The case for engaging with CIJ systems is straightforward: the vast majority of justice seekers claim their rights and resolve their problems outside of formal courts, and their first resort is to CIJ. With more than five billion people lacking access to justice, CIJ systems must be included in efforts to achieve justice for all in line with the 2030 Sustainable Development Agenda. Those at greatest risk of being left behind by formal justice systems are also the main users of CIJ systems, including women and girls, young people, indigenous communities, people in remote and rural areas, and the poorest households.

IDLO is an established global leader in developing and advocating for solutions that bridge the justice gap by empowering people to realize their rights in CIJ systems. 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 they align with international human rights standards and cooperate with formal justice systems. IDLO seeks to promote innovative approaches, generate knowledge, and influence policy in ways that centre CIJ in the global justice agenda, including through its key role in establishing the Working Group on CIJ and SDG16+. Delivering access to people-centred justice for all will be viable only if there is recognition that that the state is not the sole justice provider.

IDLO's Publications on Customary and Informal Justice:

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.

Issue 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.

Policy 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.

Practitioner Brief: Engagement with Customary and Informal Justice Systems

Climate and Conflict in the Sahel: a Rule of Law Perspective

WEBINAR

In fragile contexts, the immediate impacts of climate change on precipitation and temperatures risk to combine with political and social tensions exacerbating destructive competition over scarce natural resources.

Climate and Conflict in the Sahel: a Rule of Law Perspective

This is tragically evident in Africa’s semi-arid Sahel region, where recurrent droughts, population growth and weak governance are increasing pressure on land and water

Launch event: Women and Customary and Informal Justice Systems

WEBINAR - PANEL DISCUSSION | 10 September 2020 | 14:00 – 16:00 CET

Customary and Informal Justice Systems: Expanding Women’s Access to Justice and Gender Equality

Call for sub-project concept notes (Community Justice Programme in Uganda)

IDLO is rolling out a program that aims to secure accessible, quality and sustainable justice services for citizens - particularly those living in rural, poor and other disadvantaged communities. The Community Justice Programme (CJP) supports both state and non-state legal aid, legal empowerment and other justice delivery interventions.

Justice for the vulnerable: alternative dispute resolution in Somalia

Amina*, a mother of two from Mogadishu, found herself in a difficult position: her husband left five years ago to live abroad and never returned. Already living in poor conditions, she struggled to feed herself and her family.

IDLO meets Hassan Hussein Haji, Minister of Justice of Somalia

Supporting international investment law and arbitration in The Gambia

The private sector is of central importance for The Gambia, a Least Developed Country where the availability of private capital from foreign and domestic investors is critical to promote sustainable economic growth, increase employment and ensure better living conditions.