Customary and informal justice systems represent some of the most complex and even controversial aspects of the justice dialogue. To some, they hold the key to unlocking inclusive societies – to others, they perpetuate inequalities and serve to further marginalize those seeking justice.
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:
This year's World Justice Forum will take place in The Hague from April 29 to May 2. The forum will focus on the theme 'realizing justice for all' and brings together governmental and non-governmental actors, private sector leaders, and members of the donor community.
The sixty-third session of the Commission on the Status of Women (CSW63) will take place at the United Nations Headquarters in New York from 11 to 22 March 2019.
SIDE EVENT Women and Customary and Informal Justice Systems: A Global Consultation on Navigating Complex Pathways to Justice
The Hague, February 4, 2019 – “Access to justice will remain elusive for many people unless there is meaningful engagement with customary and informal justice systems,” remarked Dr. Ilaria Bottigliero, IDLO’s Director for Policy, Research and Learning as she launched the first of a series of Consultations on the subject with practitioners and policy thinkers.
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.
Evaluation of the project "Strengthening Linkages Between Formal Justice System and Traditional Dispute Resolution System to Improve Access to Justice - Phase II"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.