Access to Justice: Case Studies
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Below are presented a few suggestions for developing case studies. Comments and suggestions are welcome. We want in particular to give concrete elements about what has been implemented so far in different contexts, including why, how, what the main outputs & outcomes have been, what are the different points of view on each particular experience, where visitors can find more resources useful for their own context, etc. By giving access to a vast array of perspectives and experiences, the portal should enable users to create the knowledge they need for their own context. As an evolving platform, we will continue to expand this database of experiences as the project progresses.Guatemala: Justice CentersThe 1996 Peace Accords ended the 36-year civil war in Guatemala and ushered in a transition from war to peace. As is the case with many post-conflict settings, Guatemala's justice system reflected the social, economic, and political problems that led to the violent conflict and were in turn exacerbated by it. Guatemalas justice system was characterized by an array of often overlapping barriers (economic, cultural, linguistic, and racist) to fair and efficient access to justice. In particular, the formal justice system tends to discriminate against and exclude the indigenous Mayan population. Since the Peace Accords, an array of donor organizations (including the Inter-American Development Bank, USAID, the World Bank) have undertaken programs aimed at expanding access to justice in rural and indigenous communities. These programs have resulted in the creation of "justice centers," the deployment of mobile courts, and the training of justices of the peace. One of the concrete limitations of the "justice centers" is their sustainability.A case study on Guatemala would contain the following elements: a) a brief overview of the current state of access to justice, with a particular focus on barriers to justice facing rural and indigenous communities; b) an analysis of ongoing donor- and locally-driven access to justice initiatives"their goals, implementation processes and challenges, and concrete results; c) a discussion on how or whether access to justice endeavors have contributed to the broader peacebuilding process. For more information: Documents Bjorklund, Asa. Access to Justice in Guatemala - with a focus on indigenous law. Master thesis. University of Lund, Faculty of Law, 2002. Drosdoff, Daniel. "Justice Centers Meet Rural Needs." IDB America (Magazine of the Inter-American Development Bank), September 2007. Hendrix, Steven E. "Guatemalan 'Justice Centers': the centerpiece for advancing transparency, efficiency, due process, and access to justice." American University International Law Review 15, no.4(2000): 813-866. Popkin, Margaret. Access to Justice, Good Governance, and Civil Society. Due Process Law Foundation, 2004. Websites El Instituto de Estudios Comparados en Ciencias Penales de Guatemala (ICCPG) U.S. Agency for International Development (USAID) - Guatemala World Bank - Guatemala Judicial Reform Project - Improving Access to Justice [Back to Top] Indonesia: Empirical research on access to justiceIndonesia is one of the focal countries in the growing trend to conduct empirical research on and find practical solutions to access to justice issues. The longest-running World Bank Justice for the Poor project is in Indonesia, and UNDP and the World Bank recently launched an access to justice program in Aceh. Arguably the most comprehensive research studies on access to justice deal with Indonesia. Moreover, the Indonesian government has developed a national strategy on access to justice to complement the overall judicial and legal reform process.A case study on Indonesia would contain the following elements: a) an overview of the current state of access to justice, with a particular focus on Aceh; b) an analysis of ongoing donor- and locally-driven access to justice initiatives"their goals, implementation processes and challenges, and concrete results; c) a discussion on how or whether access to justice endeavors are contributing to the construction of sustainable peace. For more information: Documents UNDP/BAPPENAS. Access to Justice in Aceh: Making the Transition to Sustainable Peace and Development. 2007. World Bank, Justice for the Poor (J4P). A Framework for Strengthening Access to Justice in Indonesia. November 2007. World Bank, Justice for the Poor (J4P). Village Justice in Indonesia. Case Studies on Access to Justice, Village Democracy and Governance. 2004. Websites BAPPENAS National Development Planning Agency - Indonesia Justice for the Poor - Indonesia United Nations Development Programme (UNDP) - Indonesia [Back to Top] Sierra Leone: Expanding access to justice in a devastated sectorAfter twenty years of civil war, Sierra Leone is rebuilding its justice sector as part of the broader peacebuilding project. Sierra Leone's situation is illustrative of the formidable challenges facing justice reconstruction in postconflict societies. There are roughly one hundred lawyers for a population of approximately 5 millions, and most of the lawyers are located in the capital city. Most people, therefore, address their everyday justice problems through traditional or informal justice methods. The government of Sierra Leone, with the support of international donors, has placed a strong emphasis on rebuilding the countrys justice institutions. In particular, given the limited reach and scope of the formal justice systems, donors and local non-governmental organizations are engaged in expanding access to justice.A case study on Sierra Leone would contain the following elements: a) a brief overview of the current state of access to justice, with a particular focus on barriers to justice and the widespread use traditional/informal justice practices; b) an analysis of ongoing donor- and locally-driven access to justice initiatives--their goals, implementation processes and challenges, and concrete results; c) a discussion on how or whether access to justice endeavors are contributing to the broader peacebuilding process. For more information: Documents Maru, Vivek. Between Law and Society: Paralegals and the Provision of Justice Services in Sierra Leone. New York: Open Society Justice Initiative, 2006. Dale, Pamela. Access to Justice in Sierra Leone: A Review of the Literature. World Bank, Justice for the Poor (J4P) Program, May 2008. Dale, Pamela. "Barriers to Justice in Sierra Leone." World Bank, Justice for the Poor (J4P) 1, Issue 4 (September 2007). World Bank, Justice for the Poor (J4P). Justice for the Poor and Understanding Processes of Change in Local Governance-Sierra Leone: Concept Note. December 2006. Websites Campaign for Good Governance (CGG) Justice Sector Development Programme - Sierra Leone The Lawyers Centre for Legal Assistance (LAWLCA) Special Court for Sierra Leone (SCSL) Timap for Justice World Bank, Justice for the Poor (J4P) Program |
