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From Conflict to Cohesion, Trust and Development: Rethinking Role of and Approaches to Justice in Crisis and Fragile Contexts

Session Time and Date  

11 November, 15:45 –17:15

Conference Room 2

Introduction

Currently, approximately one-quarter of the global population lives in areas affected by violence and instability, marking the highest number of violent conflicts since World War II. By 2030, an estimated 59% of the extremely poor will live in fragile and conflict-affected situations.

In these contexts, governments worldwide struggle to meet the justice and security needs of their populations, particularly where state institutions are undermined, weakened, or entirely absent, resulting in inadequate access to justice for individuals seeking remedies for their grievances and exacerbating social and economic inequalities. Moreover, while a multitude of actors—including state, non-state, and hybrid mechanisms—attempts to fill the gaps in justice and security, the failure of the state to provide basic services erodes its legitimacy, weakens social cohesion, and exacerbates rights violations, particularly impacting the most vulnerable populations. These challenges, compounded by serious issues such as the climate emergency, global health crises, and increased migration and displacement, pose significant threats to human development.

The Asia-Pacific region is particularly affected, hosting ongoing conflicts and protracted crises that have resulted in approximately 7 million refugees and asylum seekers, alongside 5 million internally displaced persons. This includes the world’s largest refugee settlement in Cox’s Bazar District, Bangladesh, where one million Rohingya refugees face huge justice and security gaps and rely entirely on humanitarian assistance. The deteriorating humanitarian situations in Afghanistan and Myanmar further strain the region as civilians continue to flee instability. Additionally, small-scale and localized conflicts in countries such as the Philippines and Papua New Guinea present serious humanitarian challenges. The drivers of fragility and vulnerabilities in the Asia-Pacific are increasingly multidimensional, with widespread economic downturns and rising living costs compounding the impacts of climate-induced disasters.

In response to these pressing challenges, adopting a people-centred approach to justice emerges as a vital framework for fostering social cohesion and reconciliation while re-establishing a social pact grounded in trust, respect, and accountability between the state and its citizens. This approach underscores the importance of comprehensive conflict prevention strategies in fragile, conflict-affected contexts, where systemic drivers contribute to instability and grievances related to injustice, exclusion, rights violations, and impunity have significantly weakened the social contract. By prioritizing engagement with local communities, understanding the socio-political landscape, and leveraging critical data to inform decision-making, the people-centred approach seeks to integrate emergency response, sustainable development, and peacebuilding initiatives. This ensures that access to justice within the humanitarian-development-peacebuilding nexus is coherent and effective, ultimately fostering resilience and advancing long-term justice and security outcomes.

Objectives 

  • Enhance participants’ understanding of the linkages between justice, conflict, and fragility.

  • Discuss the multifaceted justice challenges in fragile and conflict-affected contexts, emphasizing the importance of innovative, adaptive, and non-traditional justice approaches in addressing these complexities.

  • Examine effective mechanisms for collaboration between state and non-state actors, particularly in fragile environments where political, social, and institutional constraints challenge the ability of formal justice systems to deliver equitable services.

  • Facilitate the exchange of best practices and evidence-based case studies on people-centred and frontline justice interventions that have demonstrably contributed to conflict prevention, enhanced community resilience, and strengthened the social contract in fragile and crisis-affected settings.

Questions 

  • How are justice, conflict, and fragility interlinked, and why is understanding these connections critical to addressing fragility, preventing violence, and rebuilding public trust and the social contract?

  • What are the key structural and systemic barriers to effective justice delivery in fragile and conflict-affected contexts, and how can a people-centred justice approach address these challenges, particularly for marginalized and vulnerable populations?

  • What lessons can be drawn from successful people-centred justice interventions—both globally and within the Asia-Pacific region—that have significantly contributed to conflict prevention and strengthened community resilience? Can you provide examples of innovative interventions that have demonstrated measurable impact?

  • How can data-driven insights inform the development of innovative justice solutions in fragile and politically constrained environments? What types of data are most valuable for understanding community justice needs, and what metrics can be used to evaluate the success of people-centred justice initiatives in fostering social cohesion, stability, and conflict prevention?

Speakers and Moderator

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Swati Mehta

Senior justice adviser

Swati Mehta is a senior justice adviser at HiiL and a senior fellow at the NYU’s Center on International Cooperation. Starting her career by providing legal aid for women, she soon moved on to systemic reform, focusing on policing, prisons and the justice sector broadly. More recently, her work has focused on legal empowerment and democratization of justice, with people at the center of justice programming and services. 

Working with UNDP, governments, civil society organizations, academic institutions and think tanks, Swati has designed, managed and led several justice programs over the last 23 years, advising and supporting key justice stakeholders.  

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Francis Zau Tu

Country Manager for Asia Justice and Rights (AJAR)

With over a decade of experience in human rights and peacebuilding, Francis Zau Tu serves as the Country Manager for Asia Justice and Rights (AJAR). Originally from Kachin State, Myanmar, he has been deeply involved in addressing the country’s conflict since 2011. As co-founder of organizations like the Humanity Institute and 74-Media, Francis bridges academia and civil society through advocacy and research. Relocated to Thailand in 2022 due to Myanmar’s political turmoil, he continues his work with international bodies to raise awareness and promote human rights in Myanmar.

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Sayedul Karim

Founder and President of the Rohingya Justice Initiative (RJI) 

Sayedul Karim, Founder and President of the Rohingya Justice Initiative (RJI), is a dedicated human rights activist focused on rebuilding the Rohingya community post-atrocity. His expertise spans leadership, strategic advocacy, community building, and transitional justice. Sayedul has driven initiatives fostering social cohesion, conflict resolution, and policy reform at various levels and is a strong proponent of higher education for refugees.

The Rohingya Justice Initiative (RJI) is a Rohingya-led organization committed to investigating human rights abuses in Myanmar and promoting survivor-centered justice in refugee camps. RJI collaborates with international bodies, including the ICJ, ICC, and IIMM, to support investigations and ensure Rohingya community engagement in justice processes, advocating for human rights and equality for all.

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Leanne McKay

Senior Rule and Law, and Justice Advisor 

Leanne McKay is a rule of law specialist with over 17 years’ experience in the design, implementation and management of rule of law, justice and security projects in fragile, conflict-affected and transitioning contexts particularly in North, West and Eastern Africa, the Middle East and Asia, including Indonesia, Pakistan, Myanmar, Nigeria, Sudan, Somalia, Yemen, the West Bank and Gaza. She is a trainer, author and advocate for a multi-disciplinary, transformative approach to rule of law promotion. Leanne advises international organisations, UN entities and governments in strategy design, systems thinking and adaptive approaches for justice and security programming in complex settings.  

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Shamila Daluwatte

Technical Specialist, UNDP Afganistan

Shamila Daluwatte is an Attorney-at-Law with first-class honors, specializing in human rights, gender justice, and public interest litigation. She practiced law in Sri Lanka from 1997 to 2003 before joining the International Labour Organization in Colombo as a program officer focusing on gender, migration, and labor standards. She later served as a Gender and Human Rights Specialist for UNIFEM in Indonesia and as a National Programme Officer for UNFPA in Sri Lanka.

Shamila has extensive experience with UNDP Afghanistan, managing projects in security and justice sector reform. She is now a social cohesion and environmental specialist and the PSEA focal point for her country office. A Harvard MPA graduate, she served as Vice President of Diversity and Inclusion at Harvard Kennedy School.

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Simone Boneschi (Moderator)

Regional Programme Specialist for Asia and the Pacific, UNDP

Simone Boneschi is an experienced adviser in rule of law, human rights, and justice, specializing in fragile and crisis-affected settings. Currently the Regional Programme Specialist for Asia and the Pacific at UNDP’s Bangkok Regional Hub, he previously served as Chief Technical Advisor in Kyrgyzstan, where he led the SDG16 portfolio. His roles at UNDP include directing rule of law and governance programs in Myanmar, in Somalia, and in Bangladesh. In Sudan (Darfur), Simone led rule of law projects with the International Rescue Committee, and in Northern Uganda, he supported child protection initiatives under UNICEF’s Security Council Resolution 1612 mandate. His expertise also spans labor rights from his work with the ILO in Myanmar, as well as the development of justice programs across several African countries. 

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© 2024 by UNDP 

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