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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 

  1. Share success stories from across the region that showcase the role of diverse actors and practices in achieving people-centred justice for all 

  2. Present the case for greater and more effective engagement with and investment in diverse pathways to people-centred justice in Asia and the Pacific 

  3. 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 

  • 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?  

  • 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? 

  • 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? 

  • 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? 

  • 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? 

  • 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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About the People-Centered Justice Conference  

The United Nations Development Programme (UNDP) Bangkok Regional Hub, the Thailand Institute of Justice (TIJ), the United Nations Environment Programme  (UNEP) Regional Office for Asia and the Pacific, and UN Women Asia and the Pacific, in collaboration with the World Justice Project, the International Development Law Organization (IDLO), and the Court of Justice of Thailand, will host the conference “Achieving Just Societies: Inclusive Justice Pathways for People and Planet in Asia and the Pacific” This event is scheduled to take place in Bangkok from November 11-13, 2024. 
 
The conference will serve as a dynamic platform for stakeholders to exchange insights, address challenges, and explore innovative, data-driven, and evidence-based approaches to enhancing equal and inclusive access to justice for all through people-centered methods, including in crisis-affected settings. In line with a human rights-based approach and the 'leave no one behind' principles, the event aims to foster partnerships and promote robust access to justice frameworks that better prioritize human rights, as well as the justice needs and emerging priorities of individuals and communities across the Asia and Pacific region. 

 
Ultimately, the conference aspires to reinforce a collective regional commitment to upholding the rule of law, ensuring equal and inclusive access to justice, and protecting human rights, all of which are foundational to achieving the Sustainable Development Goals (SDGs) outlined in Agenda 2030. 

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