Customary and Informal Justice

Recurring estimates show that globally, more than 80% of legal disputes are resolved outside of the formal courts through customary and informal justice (CIJ) systems. The vast majority of these justice seekers are women, poor people, minority groups and marginalized communities. CIJ systems carry many benefits, including affordability, flexibility, speed and cultural relevancy. They tend to be more accessible compared to the formal justice sector – especially to vulnerable and marginalized populations – and enjoy high levels of trust within communities. At the same time, it is well recognized that CIJ systems are deeply rooted in cultural, traditional or religious norms that are not always in line with international standards of human rights and some national constitutions.

While widespread and critically important to many individuals and communities, CIJ systems are often left out of discussions held at the international level. In 2019, IDLO launched global consultations on CIJ with the aim of advancing policy dialogue and distilling lessons from programming and research to make justice accessible for all. The consultations were backed by a series of publications titled “Navigating Complex Pathways to Justice: Engagement with Customary and Informal Justice Systems”.

IDLO’s dialogue with stakeholders throughout 2019 confirmed that enhancing access to equitable and quality justice for all will only become viable if we recognize that the state is not the sole justice provider. It is crucial to engage with and strengthen the variety of justice actors and mechanisms used by individuals, particularly for those who are marginalized, to resolve their disputes through context-specific, inclusive and innovative ways. As the international community races to realize the 2030 Agenda, continuing the conversation around CIJ systems – their value added, tensions and complexities – will be critical to ensuring no one is left behind.

IDLO's Publications on Customary and Informal Justice:

Practitioner Brief: Engagement with Customary and Informal Justice Systems

This Practitioner Brief offers a set of concrete tools, recommendations and good practices to support engagement with customary and informal justice systems...

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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. It brings together current research, expert perspectives and programmatic experience, addressing: »»the evolution of legal and policy debates on women and CIJ; »»challenges women encounter in accessing justice through CIJ systems; »»gender-focused engagement entry points, modalities, and good practices for CIJ systems; and »»policy recommendations to...

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Perspectives on Involving Non-State and Customary Actors in Justice and Security Reform (2013)	Customary Justice: From Program Design to Impact Evaluation (2011)	Working with Customary Justice Systems: Post-Conflict and Fragile States (2011)	Customary Justice: Perspectives on Legal Empowerment (2011)	Towards Customary Legal Empowerment in Namibia (2011)