Access to Justice during Armed Conflict in Nepal

1
Access to Justice during Armed Conflict in Nepal

• Obstacles constraining access to justice and
  strategies to overcome them in a context of
  conflict- UNDP Nepal
  
• June 2005
• Some operational and substantive lessons

2
Presentation Overview

• Rationale for the research
• Lessons for applying a HRBA
• Other key operational and substantive lessons

3
Why focus on the impact of conflict on access to
justice?

• Lack of access to justice as one of the major
  causes of conflict in Nepal is widely recognized
  and raised by many analysis....
  
• However, the question of possible deterioration
  of access to justice as a result of conflict had
  not been touched upon
  
• Similarly, assessments of the justice system so
  far had not included the users perspective, and
  had not examined comprehensively the justice
  system (including both formal and informal
  justice).
• Justice programs, including UNDP programmes were
  being undertaken as if conflict had no effect on
  the system of justice

4
Scope of the Research
5
Final goal of research a basis for capacity dev
elopment
IDENTIFICATION OF CAPACITY CONTRAINTS
ANALYSIS OF PEOPLES STRATEGIES/COPING MECHANISMS
IDENTIFICATION OF PEOPLES COPING STRATEGIES
ENTRY POINTS
What can be done strengthen positive strategies
developed by people?
How people are dealing with the exacerbated
problems to seek or to deliver justice?
Why are people unwilling or unable to demand
justice remedies, and to deliver on them?
How do peoples coping strategies impact on the
conflict (do they reduce risks of violence? Are
they conflict-exacerbating?)
6
Methodology Analytical Framework for the
Research

• UNDP Access to Justice Practice Note, October
  2004 and the work of UNDPs Asia Pacific Rights
  and Justice Network
  
• Legal framework
• Capacity to seek formal and informal justice
• Capacity to provide formal and informal justice
• Application of rights-based approach to
  development in its content and process within the
  limitations of time, budget and research
  environment

• Application of HRBA in the process
• Use of Human Rights Standards as qualitative
  parameters for the assessment of both formal and
  informal systems of justice
  
• Focus on poor and disadvantaged groups
• Expanded Partnerships
• Participation- Free Active and Meaningful
• Accountability

7
Some lessons How to identify disadvantaged
groups
Lesson Identification of risks during justice
process is key to the identification of
disadvantaged groups

• Preliminary Identification vs. Identification
  based on data
  
• Disadvantage a greater exposure to the risks of
  justice
  
• Need to identify
• Type of risks
• Factors contributing to risk
• Groups most vulnerable to risks

8
Voices from the Field

• My family was displaced from a flood and we are
  very poor. My father is a landless man. I was 14
  years old when three wealthy men from my village
  raped me. I think the men thought they could get
  away with this crime.
• -A 16-year-old Tamang girl from central region

9
Example The types of risks and groups most
affected
10
Ensuring Active Participation Strategies and
Obstacles Encountered

• Participation limited to consultation (both users
  and providers)
  
• Obstacles for people to express themselves
  actively and freely
  
• Lack of trust
• Threats
• Fear of reprisals and Intimidation
• Incentives and Strategies used to increase
  participation
  

11
Ensuring Accountability Strategies and
Obstacles Encountered

• Establishment of process monitoring framework
  using a HRBA perspective
  
• e.g. Accountability Indicator- Complaint
  mechanism set up at local level, Adequate
  briefing before participation (inc inform of risk
  taken)
• e.g. Non-discrimination Indicator-The no. of
  identified disadvantaged groups that
  participated, Language used during the
  consultation
• Monitoring of process indicators weak due to...
• - Inability to conduct independent process
  monitoring in all districts
  
• - Urgency to find/locate target respondents VS
  the process followed
  
• - Time Constraint to review/monitor process
  followed while in the field
  

12
Coverage and partnerships challenges of conflict

• Unstable political condition in Nepal posed
  difficulties to work with some partners as their
  positions were unsure
  
• Area coverage partly guided by considerations of
  security for researchers
  
• Outreach restricted due to conflict and strikes
  often people were brought to districts HQs.
  

13
Operational lessons How to build a research team

• Priorities Multidisciplinary skills, local
  knowledge and independence
  
• Accountability and security of researchers
• Support of facilitator
• Lessons
• Ensure local knowledge leads research but counts
  with global lessons and experiences to design and
  apply a research framework
  
• Political instability and conflict increase risks
  for local research team, strategies should be in
  place to minimize and deal with risks
  

14
Substantive lessons Impact of conflict on
access to justice