
Diverse Pathways to Justice: Engaging with Customary and Informal Justice Systems, including through community and collaborative-dispute resolution mechanisms
Session Time and Date
12 November, 10.30-12:15 am
Meeting Room G
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Concept Summary
In Asia and the Pacific, as in other regions, the majority of people claim their rights, seek redress for grievances, and resolve disputes using pathways to justice outside the formal courts and often outside statutory law. Diverse justice actors and practices, ranging from grassroots community-based mediation in the Philippines to implementation of the Islamic legal tradition in Malaysia to Indigenous restorative justice mechanisms in Vanuatu, coexist and interface with formal state-based justice systems. This constellation of actors and practices are central to the delivery of people-centred justice and strengthening community cohesion in ways that sustain peace, in line with Sustainable Development Goal 16. Given the predominance of customary, Indigenous, and community-based governance of land, water, and other natural resources, these systems are also increasing important for enabling people to contribute to sustainable resource management, protect biodiversity, and mitigate the adverse effects of climate change.
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The role of diverse pathways to people-centred justice is especially significant for many constituencies that face systematic marginalization and exclusion, experience disproportionate levels of insecurity and violence, and are denied access to land and natural resources. These constituencies, notably including women and girls, Indigenous Peoples, people in remote and rural communities, and mobile pastoralists, are often most reliant on customary, informal, and other community-based justice pathways.
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The session, co-convened by the International Development Law Organization (IDLO) and partners in the global multi-stakeholder Working Group on Customary and Informal Justice and SDG16+, will focus on how rights-based engagement with diverse pathways to justice can be a critical means of achieving rapid, cost-effective improvements in access to justice in Asia and the Pacific. It will share evidence-based solutions from across the region that can deliver at scale and options for sustainable financing, zeroing-in on approaches that enhance meaningful interface and coherence with formal justice systems, promote responsiveness and accountability to excluded constituencies including women and Indigenous Peoples, and spotlight the role of diverse justice actors in enabling communities to realise equitable governance of natural resources and a liveable climate future.
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Objectives
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Share success stories from across the region that showcase the role of diverse actors and practices in achieving people-centred justice for all
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Present the case for greater and more effective engagement with and investment in diverse pathways to people-centred justice in Asia and the Pacific
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Illuminate the intersections of diverse pathways to justice with other aspects of the sustainable development agenda, especially efforts to achieve gender equality and land, environmental, and climate justice
Questions
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What models exist in Asia and the Pacific for promoting interface and coherence (as well as managing, mitigating, or resolving tensions) between diverse justice actors and practices and formal institutions in ways that benefit justice seekers?
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What are the potential entry points, incentive structures, and windows of opportunity that promote greater inclusiveness, responsiveness, accountability, and respect for basic rights within diverse justice actors? What kinds of data and practical tools can enable governments, development partners, and civil society to better identify and engage with diverse pathways to people-centred justice?
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How might a new approach to financing for people-centred justice ensure increased resources are directed towards diverse actors and practices able to deliver justice services at scale?
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How can the rights, participation, and leadership of women and other constituencies that are often excluded by diverse pathways to justice be placed at the centre of efforts to engage with the relevant actors and practices? What relevant country-level success stories in Asia and the Pacific might be scaled-up or replicated elsewhere?
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Given the unique role of Indigenous Peoples in safeguarding natural resources and biodiversity in their own territories, how can strengthening Indigenous pathways to justice protect Indigenous Peoples’ rights and contribute to transformative climate action? What relevant country-level success stories in Asia and the Pacific might be scaled-up or replicated elsewhere?
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As disputes between people and communities arise from the adverse effects of climate change, including scarcities of arable land for farmers and shifting grazing patterns for pastoralists, how can customary, Indigenous, community-based, and other informal justice actors and practices contribute to preventing violent conflict and sustaining peace? What relevant country-level success stories in Asia and the Pacific might be scaled-up or replicated elsewhere?
Format/Methodology
The event format will be a moderated in-person panel discussion. The moderator will introduce speakers and then engage in two rounds of structured dialogue, prompting speakers with framing questions. A subsequent moderated dialogue will enable speakers and audience members to interact. Every effort will be made to ensure that the ensemble of speakers reflects gender balance and representation from across Asia and the Pacific.
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Speakers and Moderator


Preeti Thapa
Deputy Country Representative, The Asia Foundation, Nepal
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Preeti Thapa is the Deputy Country Representative for The Asia Foundation in Nepal, with over 30 years of experience in law, human rights, gender, peacebuilding, and governance. A skilled peacebuilder, lawyer, and mediator, she oversees the Foundation's operations and programs in Nepal, focusing on program development, grant management, and financial oversight. Her work emphasizes improving access to justice, promoting community mediation, and facilitating dialogues among diverse stakeholders.
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Preeti has been instrumental in Nepal's transition to a federal system and has engaged with high-level with high-level stakeholders, including the Office of the Prime Minister, the Ministry of Peace and Reconstruction, and the National Human Rights Commission, to strengthen governance and judicial capabilities. She has played a key role in supporting significant legal reforms, including the Mediation Act.
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In addition to her role at The Asia Foundation, Preeti is an active member of the Nepal Bar Association, has taught at various institutions, and serves as Chairperson of the Unyoke Foundation, which accompany and connects peace practitioners globally. Preeti’s extensive experience and leadership have significantly advanced access to justice efforts and governance in Nepal.
She holds a master’s degree in law from the University of New Hampshire, School of Law.


Siavash Rahbari
(Moderator)
Country manager for IDLO Philippines
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Siavash Rahbari is the country manager for IDLO Philippines and was previously the program lead for Afghanistan at IDLO Headquarters in Rome. Before that, he worked on legal aid and legal education with The Asia Foundation and provided technical and management support at Open Society Afghanistan. Mr. Rahbari served as a project manager and advocacy officer with the International Legal Foundation in Kabul and New York and as a human rights lawyer with the Iran Human Rights Documentation Center in New Haven, Connecticut. He began his career as an intern with the International Criminal Tribunal for Rwanda. Mr. Rahbari holds a Juris Doctorate from the University of Texas, School of Law.


Sha Elijah Dumama-Alba
Member of Parliament of the Bangsamoro Transition Authority
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Atty. Sha Elijah Biruar Dumama-Alba is a Member of Parliament of the Bangsamoro Transition Authority and was elected as its Parliament Floor Leader. She is also the Minister of the Interior and Local Government in the Bangsamoro Autonomous Region in Muslim Mindanao. She previously served as the region’s first Bangsamoro Attorney General and co-Head of the Joint Secretariat of the Intergovernmental Relations Body - a mechanism for cooperation and coordination between the National Government of the Philippines and the Bangsamoro Government. She is both a member of the regular Philippine Bar and the special Philippine Shari’ah Bar. She also holds a Master’s degree in Public Management major in Regional and Local Governance from the Development Academy of the Philippines. She believes that autonomy can only be achieved through strong political will and good governance. Sha Elijah is passionate about making people believe in a functional, accessible, and dependable justice system.


Ukrit Sornprohm
Chief of Policy and External Affairs at the Thailand Institute of Justice (TIJ)
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Ukrit Sornprohm is the Chief of Policy and External Affairs on the Rule of Law and Criminal Justice at the Thailand Institute of Justice (TIJ), affiliated with the United Nations. His expertise spans the rule of law, restorative justice, and justice reform. He oversees policy advocacy and capacity-building programmes including Restorative Justice in Schools, the RJ Journey Boardgame, and the RJ Database for Practitioners. Additionally, Mr. Ukrit is an Arbitrator and a Co-Founder of the Construction Lawyers Society (Thailand). He also teaches at Thammasat University and Chulalongkorn University and actively represents the TIJ and the Thai government in UN and ASEAN forums. He has previously held various roles within the TIJ and Thailand’s Ministry of Justice, including Legal Officer, Researcher, and Program Manager. Mr. Ukrit holds an LLM in Public International Law from the University of Aberdeen, UK, and is pursuing an LLD at Thammasat University.


Dr. Alfonso Lopez
Prosecutor General, Timor-Leste ​​
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Dr. Alfonso Lopez has been serving as the Prosecutor General of Timor-Leste since April 2021. Born on Lautém District, he completed his law degree at Atmajaya Catholic University in Yogyakarta, Indonesia, in 1999.
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Throughout his career, he has held key positions in Timor-Leste’s legal system, including Deputy Prosecutor General, Prosecutor for the Districts of Dili, Baucau, and Oé-cusse, and roles within the Ministry of Justice. His extensive experience in public prosecution and commitment to the rule of law have been instrumental in his leadership of the Prosecutor General’s Office, contributing significantly to the legal and judicial development of Timor-Leste.


Rebecca Monson
Professor at the Australian National University Law School
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Rebecca Monson is a Professor at the Australian National University Law School, where she leads research and teaching on law, governance and development. Her book, ‘Gender, Property and Politics in the Pacific: Who Speaks for Land?’ is based on almost twenty years’ research on gender, legal pluralism and rule of law projects in the Pacific region, and won the 2023 Australian Legal Research Awards book prize. Other work includes some of the earliest detailed, empirical studies of climate-induced relocation in the Pacific, and a major study of legal pluralism and access to justice in Solomon Islands. These works contributed to major legal and policy reforms, including Solomon Islands’ first climate relocation guidelines. Rebecca is currently working on a project funded by the Australian Research Council, examining the ways in which Pacific peoples’ movements navigate plural justice systems to combat environmental dispossession, achieve progressive social change, and advance more secure environmental futures

Dr. Alfonso Lopez
Prosecutor General of Timor-Leste
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Dr. Alfonso Lopez has been serving as the Prosecutor General of Timor-Leste since April 2021. Born on Lautém District, he completed his law degree at Atmajaya Catholic University in Yogyakarta, Indonesia, in 1999.
Throughout his career, he has held key positions in Timor-Leste’s legal system, including Deputy Prosecutor General, Prosecutor for the Districts of Dili, Baucau, and Oé-cusse, and roles within the Ministry of Justice. His extensive experience in public prosecution and commitment to the rule of law have been instrumental in his leadership of the Prosecutor General’s Office, contributing significantly to the legal and judicial development of Timor-Leste. He believes the people should have the courage to trust the legal institutions and report violations, so the institution can support bringing justice for all.