International Development Law Organization

Customary and Informal Justice

Endeavors to resolve disputes through informal means trace back to practices and traditions from time immemorial in many societies and pre-date modern formal justice systems. Customary and informal mechanisms are deeply entrenched in many parts of the world and act as critical pathways in justice journeys, especially for women, children, and remote, poor and minority populations. They continue to play a significant part in people's lives, dealing with matters ranging from theft to property disputes, to marriage and divorce, to inheritance. Often, customary and informal systems enjoy legitimacy in their communities and are easily accessible, quick, and affordable when compared to the distances, time and costs related to formal justice systems. And during disaster or conflict, when the formal justice system is not operational, there may be no other option.

Customary and informal systems exhibit different characteristics from their formal state counterparts, including an emphasis on restorative justice, flexible rules and procedures, and consent-based negotiated or mediated solutions. While advantageous in some contexts, these characteristics can also create tension with international human rights standards and the rule of law, particularly where harmful traditional practices or patriarchal interpretations conflict with the rights of justice seekers. The context in which customary and informal systems operate is important and given their extensive usage, so are links to the formal justice system and accountability mechanisms, consistent with international standards.

As the international community works to achieve the 2030 Agenda, there is growing realization of the importance of including customary and informal justice systems on the path to realize SDG 16, building effective and accountable institutions at all levels, providing access to justice for all, and promoting peaceful and inclusive societies.

 

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.

Integrated support to criminal justice systems in the Sahel: Mali, Burkina Faso, Niger

The failure of criminal justice systems in the Sahel to deliver better quality justice can be linked to a series of interconnected factors, such as: the overwhelming lack of human, material and financial capacity; corruption and weak internal control mechanisms; and limitations on civil society to ensure respect for human rights.

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Key Initiatives

  • 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.
  • 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.
  • 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.
  • The failure of criminal justice systems in the Sahel to deliver better quality justice can be linked to a series of interconnected factors, such as: the overwhelming lack of human, material and financial capacity; corruption and weak internal control mechanisms; and limitations on civil society to ensure respect for human rights.
  • 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. Informal justice systems, offering alternative dispute resolution are often much better placed to respond to the immediate justice needs of many Somalis seeking justice, as they have more legitimacy and are more easily accessible. To enhance access to justice in Somalia, it is therefore essential to engage with the alternative dispute resolution systems.
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