As in many transition countries, the Kyrgyz judicial system suffers from a low rate of court decision enforcement, with lengthy delays common, and a rate of successful enforcement estimated at only 30%. Moreover, significant challenges exist in relation to prevention and punishment of debtors who hide assets or evade court orders, and a lack of a database where bailiffs can easily obtain necessary information on debtors.
Rights mean little if those entitled to them are not aware they exist. Due process is of doubtful value when you are illiterate, or unable to understand the proceedings. Courts are next to worthless for those who cannot afford the bus fare to reach them. Nor should justice be about courts alone. For all these reasons, legal empowerment is crucial. Part of IDLO's bottom-up (or demand side) approach, it involves equipping people with the knowledge, confidence and skills to realize their rights. Even as we work to improve the functioning of justice systems, we strengthen citizens' capacity to press for justice from below.
The rule of law only exists to the extent that it works for all.
Building on two phases of successful programming to support Montenegro’s EU readiness, IDLO is working to enhance the capacity of its main partner in the country: the Judicial Training Center (JTC). The judiciary is struggling to address disputes arising from foreign investment in real estate and tourism, interpretation of foreign contracts in accordance with international best practice and EU directives.
In Burundi, land tenure registration is the primary way for the government to deal with the large number of land disputes across the country. A series of pilot programs aimed at resolving land rights issues have been initiated in recent years. To date, however, it is unclear whether these pilot programs have had their intended effect of reducing the number of land disputes.
In June 2015, IDLO commenced the project: Researching the Impact of Land Tenure Registration on Land Disputes and Women’s Land Rights in Burundi.
Land Tenure Registration (LTR) programs involve issuing proof of ownership to holders of land rights to increase their legal certainty. Such programs are undertaken for a variety of reasons. While much is known about the impact of LTR on factors like access to credit and agricultural output, there is a gap in knowledge of its impact on land disputes, particularly in post-conflict settings.
In 2014, the Rule of Law Centres Initiative was launched to increase trust and cooperation between justice providers and the communities they serve. With project offices in Mandalay, Yangon, Myitkyina and Taunggyi, the Rule of Law Centres trained lawyers, law teachers, government officials and civil society representatives on key rule of law and human rights issues and raised awareness of rule of law in communities across the country.
Under the Liberia SGBV program launched in January 2016, IDLO will work with the judiciary to enhance the efficiency, transparency and accountability of Criminal Court “E” in Montserrado, the special court designated to deal exclusively with sexual offenses established in 2008, and improve access to justice and protection mechanisms for victims of SGBV.
Community members, civil society representatives, lawyers and law teachers from diverse organizations participated in an “Open House” event on 23 January 2016 to mark the opening of the Yangon Rule of Law Centre, the latest milestone in the roll-out of the Rule of Law
Strengthening the Capacities of Women Justice Professionals for Gender-Responsive Justice Delivery and Policy MakingFollowing the Tunisian revolution of 2011, the new Constitution adopted in 2014 aimed to embed the principle of equality between women and men as well as ensuring the State’s obligation to protect women’s rights. However, despite the reforms to the legal framework in Tunisia to increase protection for women against gender-based violence, justice sector professionals, particularly judges and bailiffs, have limited knowledge, skills and capacity to act as effective gender justice agents, as stipulated by the new Law.
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.
Since the revolution in 2011, Tunisia has experienced a period of significant political transition and change culminating in the adoption of a new constitution in 2014, which called for justice reform and protection of women’s rights. However, the practical application of the framework for legal assistance in Tunisia demonstrates the insufficiency of existing relevant mechanisms. Therefore, there is the strong need to empower women to access justice and claim their rights.
Alternative dispute resolution, and in particular mediation, is finally gaining momentum in Tajikistan. Previous attempt to introduce law on mediation in Tajikistan have not been successful and consequently there is currently no formal legal framework for mediation. In the first phase of the project, the International Development Law Organization worked to promote commercial mediation and build momentum for its expansion. However, there is still the need to provide assistance to the Chamber of Commerce and Industry Mediation Center and improve its effectiveness.
Strengthening prevention and accountability for sexual and gender-based violence (SGBV) through the rule of law and access to justice has been a priority for the Government of Myanmar since 2011, when it embarked on an unprecedented transition towards democracy. SGBV cases are rarely reported and, when they are, the justice sector fails to provide adequate remedies. Therefore, there is a widely recognized need to increase prevention of and accountability for SGBV.
In recent years Jordan has taken significant steps toward promoting economic development, including through strengthening rule of law. Judicial specialization in relevant areas, while promoting an enabling environment for capacity development within the relevant judicial institutions is crucial to maximize the impact of those efforts and ensure sustainability. At the same time, attention has been given to encouraging entrepreneurship, in particular women entrepreneurs, as a means to achieve economic growth.
The Government of Indonesia is committed to providing fair, transparent, effective, non-discriminatory and accountable services to promote access to justice for all, including members of vulnerable groups. A national program to safeguard access to justice was included in the National Strategy on Access to Justice 2016-2019. Yet, a national tool to collect data and measure the levels of access to justice for people in the country is still missing.
In 2011, Indonesia adopted a law on legal aid which includes a national budget for legal aid providers to deliver access to justice and legal aid services to the poor. However, there is a lack of legal aid lawyers and organizations throughout the country, and lawyers do not necessarily have the sufficient skills for delivering legal aid services with a human rights, gender equality and social justice perspective. Many organizations also deal with a limited administrative capacity and struggle to meet the requirements in conducting legal aid reimbursement.
Recent research shows that sexual and gender-based violence (SGBV) is one of the leading problems impacting communities across Myanmar. Women in particular face significant and widespread levels of SGBV, with both formal and informal systems failing to provide satisfactory remedies. Inadequate legal protections, combined with pervasive cultural and social stigma, low public legal awareness, and deep mistrust in the formal justice system, pose a daunting range of barriers to accessing justice and other services such as legal, medical and psycho-social support.
In recent years, civil society has played an increasingly important role in strengthening public legal awareness and advocating for access to justice in Myanmar. However, civil society is constrained by a limited understanding of the role of the legal system. Capacity development to enhance the knowledge and skills of civil society actors, as well as state accountability, remains a key priority.