human rights, international justice, legal empowerment, public interest law, women's rights

Online Symposium on Justice and Customary Law

Hello friends! Yet another (shameless?) plug: I recently organized an Online Symposium for the Harvard Human Rights Journal on access to justice, particularly via customary and informal systems, and we received a range of fascinating submissions from scholars and practitioners around the world. Read more below and check out these illuminating articles:

From the Informal to the Formal: Examining Access to Justice and Customary Justice Mechanisms 

The HHRJ Online Symposium this year centers on issues of access to justice to the poor around the world, with a particular focus on examining the challenges that exist within informal, customary and traditional mechanisms of dispute resolution.

In many countries, the formal state-governed justice system exists alongside various informal methods of justice delivery and dispute resolution, often termed “informal,” “non-state,” “traditional,” or “customary” mechanisms. Due to the barriers faced by litigants attempting to access the formal justice system, many have began to shift a focus to informal methods of dispute resolution in a range of cases – such as family law, land and property disputes, and issues of economic and social rights. There has been an increased emphasis on mediations and on engaging with informal justice mechanisms that already exist at the grassroots level, such as the  shalish in Bangladesh, the bashingantahe in Burundi, or the shura Jirga in Afghanistan. Although informal systems of dispute resolution are often more accessible and familiar to communities, they come with their own challenges and considerations, particularly in relation to gender and human rights norms.

Alongside such concerns, however, there have been innovations and experiments that are promising in their initial stages, improving access to justice in ways that comport with human rights norms, both via formal state-run systems as well as NGO-led and non-state mechanisms.  We have published five pieces by leading scholars, academics and practitioners in this field that build upon this theme and explore in greater depth the complexities inherent in working to promote grassroots access to justice to communities, and especially the added questions raised by customary justice systems:

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public interest law, social change

LIDS Symposium on Post-Conflict Reconstruction

Last Friday, I organized a symposium at Harvard Law School hosted by the Harvard Law & International Development Society (LIDS) and titled “Post-Conflict Reconstruction: Rebuilding from Emergency to Development,” which brought together practitioners, experts, and academics across the country and world to discuss issues of economic growth and development, and supporting the rule of law in countries arising from conflict.

It was a great success, with lots of insights gained and ideas exchanged.  It was my first real time organizing an event of this scale, and I was so excited to see the vibrant outcomes and exchanges from it!  Especially close to my heart was the second panel, focusing on justice and security reform after conflict. Vivek Maru, of Namati, spoke about their work promoting the use of grassroots community outreach workers (modeled after the “community health worker” model), and how this model of “community paralegals” can be especially effective in supporting ordinary people in accessing justice in fragile countries such as Sierra Leone, post-conflict. In such situations where the justice infrastructure is damaged and often difficult to access by much of the population, supporting justice can be done through the use of paralegals who can help mediate disputes, access information about their legal rights, and address injustices both individual (e.g land rights disputes, family law matters) and collective (mining abuses, collective actions). In the absence of a strong formal justice system in post-conflict countries, the grassroots justice model offers a place to start — and to start with the people rather than at the top-down institutional level.

Here are a few pictures below! Click here for the LIDS website and to access more information on the event, photos, and videos.

IMG_0572Keynote speaker, Dr. Donald Kaberuka – President of the African Development Bank – talks about post-conflict reconstruction and promoting economic growth across Africa.

DSC_0848The first panel focused on building institutions and driving economic growth in countries after conflict. 

DSC_0854The panel included practitioners from across institutions such as The Asia Foundation, USAID, and the World Bank. It was a great look into the tricky challenge of how to rebuild institutions in fragile states.

IMG_0648The second panel focused on developing the rule of law, stability, and security in countries after conflict.

IMG_0669

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criminal justice, human rights, international justice, public interest law, social change, women's rights

Kimberley Motley: on rule of law in Afghanistan

Here’s quite a fascinating TED talk by Kimberley Motley,who I know has been somewhat of a controversial figure in Afghanistan in the past. She has some interesting thoughts on what it’s like to be a lawyer, representing clients and promoting rule of law in fragile states such as Afghanistan. She represents an interesting array of cases, including gender-based violence and human rights cases in Afghanistan.

Her main thrust in this talk, which I have always agreed with  – is that in many countries, there are already many laws on the books that could protect and promote human rights. Even within Shari’a law, there are ways to interpret key statutes and the Quran in ways that are gender-equitable. There are many laws relating to family and criminal law on the books in Afghanistan and elsewhere that are indeed, good for rights. The problem is that these laws are not being used. When they are implemented effectively by lawyers who are good at advocating for their clients, you can truly foster a culture of ‘rule of law.’

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