DOCSLIB.ORG

Customary Justice: from Program Design to Impact Evaluation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Customary Justice: from Program Design to Impact Evaluation Customary Justice: From Program Design to Impact Evaluation Erica Harper Customary Justice: From Program Design to Impact Evaluation Erica Harper Senior Rule of Law Advisor Customary Justice: From Program Design to Impact Evaluation Copyright © International Development Law Organization 2011 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO's comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. Among its activities, IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing Practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and benchbooks. Research for these publications is conducted independently with the support of its country offices and in cooperation with international and national partner organizations. Disclaimer IDLO is an inter-governmental organization and its publications are intended to expand legal knowledge, disseminate diverse viewpoints and spark discussion on issues related to law and development. The views expressed in this Publication are the views of the authors and do not necessarily reflect the views or policies of IDLO or its Member States. IDLO does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of its use. IDLO welcomes any feedback or comments regarding the information contained in the Publication. All rights reserved. This material is copyrighted but may be reproduced by any method without fee for any educational purposes, provided that the source is acknowledged. Formal permission is required for all such uses. For copying in other circumstances or for reproduction in other publications, prior written permission must be granted from the copyright owner and a fee may be charged. Requests for commercial reproduction should be directed to the International Development Law Organization. Published by: International Development Law Organization Viale Vaticano, 106 00165 Rome, Italy Tel: +39 06 4040 3200 Fax: +39 06 4040 3232 www.idlo.int [email protected] Printed by: Quitily Grafica srl Viale Enrico Ortolani 155 00125 Rome, Italy Graphic Design: grafica internazionale Via Rubicone 18 00198 Rome, Italy Cover photo: © Sheila McKinnon ISBN 978-88-96155-04-2 Acknowledgments In developing this book, the author benefited from research conducted and case studies developed by several organizations engaged in the field of customary justice, principally the United States Institute for Peace, the World Bank Justice for the Poor Program and the United Nations Development Programme; she also drew upon IDLO’s Legal Empowerment and Customary Law Research Grants program — seven empirically grounded and evidence-based research programs designed to evaluate the impact of an empowerment-based initiative involving customary justice; and lessons from previous interventions undertaken by IDLO in countries such as Indonesia, southern Sudan and Afghanistan. The author would like to extend particular thanks to the insights and recommendations provided by Thomas F McInerney (Director, Research, Policy & Strategic Initiatives, IDLO), Christopher Morris (Project Officer, World Bank Justice for the Poor Program), Deborah Isser (Senior Legal Counsel, World Bank Justice for the Poor Program), and Ilaria Bottigliero (Senior Researcher, IDLO). The author would also like to acknowledge the work undertaken and contributions made by IDLO’s Legal Empowerment and Customary Law Research Grants recipients: Naomi Johnstone (Waitangi Tribunal and Maori Land Court, New Zealand), Maria Vargas Simojoki (Danish Demining Group, Somalia), Amrita Kapur (Judicial System Monitoring Programme, Timor-Leste), Bilal Siddiqi (University of Oxford, United Kingdom), Justin Sandefur (University of Oxford, United Kingdom), Marco Lankhorst (RCN Justice & Démocratie, Rwanda), Muriel Veldman (RCN Justice & Démocratie, Rwanda) and Maggi Carfield (George Washington University, United States); as well as other scholars and practitioners in this field who allowed their work to be reproduced or highlighted in this book, particularly: Janine Ubink (Van Vollenhoven Institute for Law, Governance and Development), Helene Maria Kyed (Danish Institute for International Studies), Peter Alexander Albrecht (Danish Institute for International Studies), Vijay Kumar Nagaraj (International Council on Human Rights Policy), Ewa Wojkowska (Kopernik), Johanna Cunningham (United Nations Development Programme), Tanja Chopra (United Nations Development Programme) and Matthew Stephens (World Bank Justice for the Poor Program). This book forms part of a wider project on legal empowerment and customary justice, and is situated within a portfolio of legal empowerment research focusing on gender, community land titling, traditional knowledge and microfinance. 3 This publication is based on research funded by the Bill & Melinda Gates Foundation. The findings and conclusions contained within are those of the authors and do not necessarily reflect positions or policies of the Bill and Melinda Gates Foundation. Foreword by Deborah Isser, World Bank Justice for the Poor Program The question of customary justice and its role in promoting the rule of law has emerged as the most promising — and thorny — development in the field of justice reform. The international community — that constellation of governments, donors, agencies, and policy-makers engaged with the rule of law, justice and development — has a patchy track record at best, in engaging with customary systems. Too often dominated by the analytical troika of simplification, essentialization and dichotomization, we risk misunderstanding the dynamics of access to justice and undermining the resilience of the poor and vulnerable. Nevertheless, it is widely accepted that this is an important, even essential, area for a range of endeavors in the fields of justice and rule of law, from promoting state-building and broadening state-society compacts, to providing the basis for the delivery of essential services and economic development. This eminently practical manual on customary justice is a successful attempt to overcome our past mistakes. In it, Erica Harper places the emphasis on highly empirical, evidence-based analysis. The book shows how contextual research can be synthesized to bring out the inherent complexities of working in legally plural contexts. By avoiding a determinist viewpoint that an institution or system is in need of reform in a particular way, the manual gives us tools to understand justice problems at hand, sensitizes us to contextual complexities, and thus helps us to develop practical solutions to improve access to justice in a particular justice landscape. The book provides a basis for positive change when engaging with customary systems. It avoids generalizations and eschews ‘one size fits all’ approaches. It also recognizes the possibilities of these systems as providers of justice by understanding them as a series of political, social and economic institutions embedded in local contexts that are called into question, reformulated and remade. By giving us the tools to understand their complexities, this manual is an invaluable addition to the knowledge base of any policy-maker or advocate for reform in the fields of justice and the rule of law. 5 Deborah H. Isser Message from the Director of Research, Policy & Strategic Initiatives While engagement with customary justice systems is certainly not a new endeavor, the past decade has witnessed a seachange in the approaches of international organizations with respect to their level of involvement with the non-state legal sector. Without understating the challenges to be overcome, there is a growing case for development agencies to prioritize such engagement when implementing programs of justice sector reform. In most respects, this more holistic approach to rule of law programming is to be welcomed; however, it also raises new questions. A principal concern is that the proliferation of customary justice programming is somewhat out of step with the knowledge base upon which such interventions are grafted, particularly with respect to the role that customary justice might play in post-conflict environments. Author, Erica Harper, draws attention to the fact that there have been few comprehensive or empirically driven efforts that evaluate the impact of past programming efforts. Moreover, without a clear consensus on the objectives of customary
Load more

Recommended publications
  • The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation
    SMU Law Review Volume 51 Issue 1 Article 7 1998 The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation Jennifer L. Anton Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Jennifer L. Anton, Comment, The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation, 51 SMU L. REV. 161 (1998) https://scholar.smu.edu/smulr/vol51/iss1/7 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Comments THE AMBIGUOUS ROLE AND RESPONSIBILITIES OF A GUARDIAN AD LITEM IN TEXAS IN PERSONAL INJURY LITIGATION Jennifer L. Anton TABLE OF CONTENTS I. INTRODUCTION ....................................... 162 II. H ISTO RY ................................................ 162 III. WHAT IS A GUARDIAN AD LITEM? ................. 164 IV. WHY SHOULD A GUARDIAN AD LITEM BE APPOINTED IN A CIVIL MATTER? ................... 165 V. DISTINCTION BETWEEN A GUARDIAN AD LITEM AND AN ATTORNEY AD LITEM ...................... 167 VI. WHEN DURING THE LITIGATION PROCESS SHOULD THE COURT APPOINT A GUARDIAN AD L IT E M ? .................................................. 168 A. DEFENDANT'S PERSPECTIVE ........................... 169 B. PLAINTIFF'S PERSPECTIVE ............................. 169 VII. WHO MAY BE APPOINTED AS A GUARDIAN AD LITE M ? .................................................. 170 VIII. THE ROLE AND RESPONSIBILITIES OF A GUARDIAN AD LITEM ................................ 171 A. THE ROLE OF THE GUARDIAN AD LITEM REGARDING SETTLEMENT AGREEMENTS ............................ 172 1. Evaluating the Minor's Damages .................. 174 2. Evaluating the Adequacy of the Settlement A m ount ..........................................
    [Show full text]
  • The Doctrine of Virtual Representation in Texas
    SMU Law Review Volume 11 Issue 2 Article 7 1957 The Doctrine of Virtual Representation in Texas L. A. Duffy Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation L. A. Duffy, Comment, The Doctrine of Virtual Representation in Texas, 11 SW L.J. 210 (1957) https://scholar.smu.edu/smulr/vol11/iss2/7 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE DOCTRINE OF VIRTUAL REPRESENTATION IN TEXAS Of universal application in the United States is the rule that judg- ments and decrees are binding only upon the parties to the con- troversy. Like many legal rules, equity has developed exceptions to alleviate what in some instances would be an intolerable result. The doctrine of virtual representation, more popularly known as the class suit, is such an exception. Developed in the equity courts of England, this rule has been generally accepted in varying forms throughout the country,1 and several states have adopted the doc- trine by statute.! Texas, at one time or another, has applied almost all facets of the rule, although only part of it has been codified.' ELEMENTS OF THE DOCTRINE The doctrine of virtual representation recognizes that there are situations where all requisite parties cannot appear before the court, and therefore provides that the absent proper parties can be repre- sented by persons present who hold the same interest in the con- troversy and who will therefore adequately protect the absent proper parties' interest.
    [Show full text]
  • Complex Family Matters in Guardianship
    COMPLEX FAMILY MATTERS IN GUARDIANSHIP Updated by DARLENE PAYNE SMITH SHARON B. GARDNER Presented by DARLENE PAYNE SMITH State Bar of Texas ADVANCED GUARDIANSHIP COURSE March 6, 2009 Houston CHAPTER 11 Special thanks to Sarah Patel Pacheco for use of portions of her Contested Guardianship and Peace Treaties speeches. SHARON BRAND GARDNER is a shareholder with Crain, Caton & James, P.C. in Houston, Texas. Ms. Gardner specializes in probate, trust, and guardianship law. She is Editor of the Texas Guardianship Manual published by the State Bar of Texas and a Co-Author of The Texas Probate Practice Series published by West Publishing. She is an adjunct professor teaching estate administration and guardianship at South Texas College of Law, Houston, Texas. She is a Fellow of the American College of Probate and Trust Counsel. DARLENE PAYNE SMITH Crain, Caton & James, P.C. 1700 Five Houston Center Houston, Texas 77010-4035 713-752-8640 Email - [email protected] EDUCATION Bachelor of Science: Criminal Justice, University of Houston (Magna Cum Laude) Doctor of Jurisprudence, University of Houston Law Center MEMBERSHIPS & CERTIFICATIONS Texas Bar Association; Houston Bar Association; Texas Bar Foundation; Probate Legislative Sub-Committee -- Houston; Past President –Women Attorneys in Tax and Probate; Former Vice President – Disability and Elder Law Lawyers Association; Planning Committee – Elder Law Section, State Bar; Planning Committee – Wills and Probate Institute; Elder Law Committee; Certified by the State Bar of Texas Pursuant to Texas Probate Code § 647A as Ad Litem PERSONAL Married – Michael David Smith; Three Children – Stephan, Coleman and Hallie; Hobbies - Singing, pistol shooting, tennis and squash. SPEAKER/AUTHOR Speaker: Estate Planning for the Cancer Patient.
    [Show full text]
  • COURT APPROVAL of SETTLEMENTS INVOLVING MINORS OR INCOMPETENTS by WILLIAM S
    COURT APPROVAL OF SETTLEMENTS INVOLVING MINORS OR INCOMPETENTS By WILLIAM S. MILLS GLENN, MILLS & FISHER, P.A. DURHAM, NORTH CAROLINA I. SETTLEMENTS INVOLVING MINORS Settlements involving the claims of minors present several procedural and ethical issues for the attorney. Because your client is a minor, he or she cannot be bound by contracts such as releases, if the minor chooses to disavow the contract after the minor reaches the age of majority. As a result, procedures have developed as a result of a combination between various statutes and case law requiring that any settlement contract be approved by the court. A. COURT APPROVED MINOR’S SETTLEMENTS Settlements of claims involving minors should be approved by court order. This applies regardless of whether settlement is reached before or after filing suit. A minor cannot be bound by proposed compromise and settlement of a minor’s personal injury claim unless it is properly approved by a judge. Gillikan v. Gillikan, 252 N.C. 1, 113 S.E.2d 38 (1960). The courts of this state have inherent authority over the property of infants and will exercise this jurisdiction whenever necessary to preserve and protect children’s estates and interests, Sternberger Foundation, Inc. v. Tannenbaum, 273 N.C. 658, 161 S.E.2d 116 (1968), and will look closely into contracts or settlements materially affecting the rights of infants. Redwine v. Clodfelter, 226 N.C. 366, 38 S.E. 2d 203. A court approved settlement and subsequent judgment issued thereon, and the satisfaction of that judgment by the settling defendant, is not the satisfaction of a judgment under North Carolina General Statute §1B-3(e) and does not operate to discharge the other tortfeasors.
    [Show full text]
  • Insurance Law
    SMU Law Review Volume 47 Issue 4 Annual Survey of Texas Law Article 18 1994 Insurance Law Philip K. Maxwell Tim Labadie Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Philip K. Maxwell & Tim Labadie, Insurance Law, 47 SMU L. REV. 1227 (1994) https://scholar.smu.edu/smulr/vol47/iss4/18 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. INSURANCE LAW Philip K. Maxwell* Tim Labadie* I. UNFAIR OR DECEPTIVE ACTS (ARTICLE 21.21 & THE DTPA) A. WHO CAN SUE AND WHO CAN BE SUED 1. Standing to Sue OME of the cases discussed in this section deny "standing" to sue under article 21.21 to so-called "third parties," i.e. those not a party to an insurance contract. Use of the words "standing" and "third party," however, are of doubtful application to a statutory cause of action. The San Antonio Court of Appeals had the following to say about "stand- ing" in a DTPA suit: In order for any person to maintain a suit it is necessary that they have standing to litigate the matters in issue. Standing consists of some inter- est peculiar to the person individually and not as a member of the gen- eral public. This general rule of standing applies in all cases absent a statutory exception to the contrary. The DTPA provides us with just an exception.
    [Show full text]
  • UN DDR in an Era of Violent Extremism: Is It Fit for Purpose?
    1 UN DDR in an Era of Violent Extremism: Is It Fit for Purpose? Edited by James Cockayne and Siobhan O’Neil ISBN: 978-0-692-45637-8 © United Nations University, 2015 COVER MILITIA MEMBER IN KISMAAYO, SOMALIA. UN PHOTO/STUART PRICE UN DDR in an Era of Violent Extremism: Is It Fit for Purpose? Edited by James Cockayne and Siobhan O’Neil Contents About this Collection 2 Acknowledgments 3 About the Authors 4 Preface 7 Executive Summary 10 Chapter 1 Introduction 14 Introduction 15 1. The changing conflict environment 16 2. The changing role of DDR in UN peace operations 22 3. A precarious peace operations environment 28 4. Building new DDR solutions 31 Clarifying DDR’s purpose in contemporary contexts 34 Chapter 2 DDR in the Context of Offensive Military Operations, Counterterrorism, CVE and Non-Permissive Environments 36 Introduction 37 The purpose and design of DDR 40 The new challenging context 41 New and old challenges for DDR in the current context 45 Conclusion and Policy Implications 59 Chapter 3 The Blue Flag in Grey Zones: Exploring the relationships between Countering Violent Extremism (CVE) and Disarmament, Demobilization and Reintegration (DDR) in UN field operations 62 Introduction 63 The emergence and evolution of CVE and terrorist rehabilitation efforts 65 Cross Learning? 66 What implications for the UN? 74 Recommendations 77 Conclusion 79 Chapter 4 DDR and Detention in UN Peace Operations 80 Introduction 81 DDR and Detention 82 Peace operations detention scenarios 87 Challenges facing the UN 88 Risks posed by UN involvement
    [Show full text]
  • Downloaded from Brill.Com10/09/2021 11:59:10AM Via Free Access 234 ASIAN YEARBOOK of INTERNATIONAL LA W
    STATE PRACTICE OF ASIAN COUNTRIES IN THE FIELD OF INTERNATIONAL LAW' INDIA JUDICIAL DECISIONS" Sovereign immunity; Shipping line as department of the Government of the German Democratic Republic "exercising the rights of a legal entity"; Absence of consent of Government of India to sue pursuant to section 86(2)(b) of the Indian Civil Procedure Code of 1908; Held, consent of the Central Government a mandatory condition precedent. Supreme Court, 25 November 1993 AIR 1994 S.C. 516 M.M. PUNCHHI and N.P. SINGH, H. VEB. DEUTFRACHT SEEREEDEREI ROSTOCK (D.S.R. LINES) - Appellant v. NEW CENTRAL JUTE MILLS CO.LTD. & ANOTHER - Respondents The case came before the Supreme Court of India, in the form of Civil Appeal No. 4208 of 1983 on adecision by the Calcutta High Court. The plaintiff-respondent flled a suit for a decree for Rs. 240,000 c1aiming that the defendant-appellant (D.S.R. Lines) sold them damaged goods. D.S.R. Lines was a company "incorporated under the appropriate laws of ... West [sie] Germany" and was "carrying on its business in West [sie] Germany as also at Calcutta" . The defendant took objection and argued that it was a department and/or agent and/or instrumentality of the Government of the German Democratic • Edited by Ko Swan Sik, General Editor . •• Contributed by V.S. MANI, LUTHER RANGREJI and GoVINDRAJ G. HEGDE, lawaharlal Nehru University, New Delhi. Asian Yearbook of International Law, Volume 5 (Ko Swan Sik et al., eds.; 90-411-0375-9 © 1997 Kluwer Law International; printed in the Netherlands), pp. 233-291 233 Ko Swan Sik, M.C.W.
    [Show full text]
  • The Structure of Standing
    Articles The Structure of Standing William A. Fletcher4 INTRODUCTION The structure of standing law in the federal courts has long been criti- cized as incoherent. It has been described as "permeated with sophistry,"' as "a word game played by secret rules,"2 and more recently as a largely meaningless "litany" recited before "the Court . chooses up sides and decides the case."' This unhappy state of affairs does not result from the unimportance of standing doctrine.4 If anything, the contrary is true. The root of the problem is, rather, that the intellectual structure of standing law is ill-matched to the task it is asked to perform. In this article I pro- pose a new structure, one that can serve as a paradigm not only in the scientific sense of explaining observed phenomena, 5 but also in the sense t Professor of Law, Boalt Hall School of Law, University of California at Berkeley. A.B., Harvard University, 1968; B.A., Oxford University, 1970; J.D., Yale University, 1975. I wish to thank my colleagues and friends Stephen Bundy, Jesse Choper, Kevin James, Stephan Kuttner, Kirk McInnis, Robert Post, Edward Rubin, Joseph Sax, and Kim Scheppele, my father Robert Fletcher, and my wife Linda Fletcher, for their valuable criticism and suggestions. I particu- larly wish to thank Akhil Amar and Daniel Meltzer for their contributions. Finally, I wish to thank Adam Belsky and Pamela Johnston for their excellent research assistance. 1. 4 K. DAVIS, ADMINISTRATIVE LAW TREATISE § 24:35, at 342 (2d ed. 1983). 2. Flast v. Cohen, 392 U.S.
    [Show full text]
  • Chapman V. Kamara, No. 18, September Term, 1998
    Chapman v. Kamara, No. 18, September Term, 1998 CIVIL PROCEDURE—TRIAL COURT’S REVISORY POWER—LACK OF PERSONAL JURISDICTION. Where trial court exercised jurisdiction without service of process on defendant or valid waiver of process, court should upon motion have exercised revisory power to vacate judgment. Maryland Rule 2-535. CIVIL PROCEDURE—PERSONAL JURISDICTION—SERVICE OF PROCESS— WAIVER BY ATTORNEY’S APPEARANCE—PRESUMPTION THAT APPEARANCE IS AUTHORIZED. Where insured’s unrebutted testimony established lack of service of process and lack of authorization for insurer’s attorney’s appearance, any presumption that entry of attorney’s appearance was authorized was rebutted. ESTATES AND TRUSTS—PERSONAL REPRESENTATIVE—ACTION BEFORE APPOINTMENT—RATIFICATION BY SUBSEQUENT ACTION. Where personal representative of estate participated in consent judgment against estate before appointment as personal representative, he ratified consent judgment by doing nothing to amend or alter consent judgment during his subsequent tenure. Maryland Code (1974, 1991 Repl. Vol., 1998 Cum. Supp.) § 6-105 of the Estates and Trusts Article. CIVIL PROCEDURE—INTERVENTION OF RIGHT. Where prior judgment’s collateral estoppel effect arguably would entitle party in subsequent suit to summary judgment, where parties to original suit moved to vacate original judgment, and where no party to original suit opposed motion to vacate, party moving for summary judgment in subsequent suit was entitled to intervene to oppose motion to vacate. Circuit Court for Prince George’s County Civil No. CAL 93-23012 IN THE COURT OF APPEALS OF MARYLAND No. 18 September Term, 1998 CHERYL CHAPMAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF HENRY NORMAN COLE, II, et al.
    [Show full text]
  • International Human Rights Instruments and Several Optional Protocols
    UNITED NATIONS HRI International Distr. Human Rights GENERAL Instruments HRI/CORE/LKA/2008 23 September 2008 Original: ENGLISH CORE DOCUMENT FORMING PART OF THE REPORTS OF STATES PARTIES SRI LANKA* [23 April 2008] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. GE.08-44221 (E) 221008 HRI/CORE/LKA/2008 page 2 CONTENTS Chapter Paragraphs Page I. GENERAL INFORMATION ABOUT THE STATE OF SRI LANKA ................................................................................... 1 - 110 3 A. History, geography, demography, economy, government, social infrastructure, post-tsunami reconstruction ...................... 1 - 59 3 B. Constitutional, political and legal structure of the State ............. 60 - 110 14 II. GENERAL FRAMEWORK FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS ............................................... 111 - 220 23 A. Acceptance of international human rights norms ....................... 111 - 118 23 B. Legal framework for the protection of human rights at the national level ..................................................................... 119 - 134 26 C. Framework within which human rights are promoted at the national level ..................................................................... 135 29 D. Education programmes and public information .......................... 193 - 220 43 III. INFORMATION ON NON-DISCRIMINATION AND EQUALITY AND EFFECTIVE REMEDIES
    [Show full text]
  • Security Sector Reform in Challenging Environments
    Hans Born and Albrecht Schnabel (Eds) Security Sector Reform in Challenging Environments Geneva Centre for the Democratic Control of Armed Forces (DCAF) LIT Security Sector Reform in Challenging Environments edited by Hans Born and Albrecht Schnabel LIT (Bibliographic information here) Contents Preface vii Acknowledgements ix Abbreviations xi Part I: Introduction 1 Ideal Requirements versus Real Environments in Security 3 Sector Reform Albrecht Schnabel Part II: Learning from Challenging SSR Environments 2 Security Sector Reform in the Central African Republic 39 Boubacar N’Diaye 3 Limited Security Sector Reform in Colombia 69 Wolf Grabendorff 4 Security Sector Reform in the DRC: Forward to the Past 89 Caty Clément 5 Impatient Reformers and Reignited Conflicts: The Case 119 of Georgia Duncan Hiscock 6 Morocco: Reforms in the Security Sector But No ‘SSR’ 143 Hanspeter Mattes 7 Security Sector Reform in Nepal: Challenges and 165 Opportunities Bishnu Raj Upreti and Peter Vanhoutte 8 Post-Conflict Reconstruction and Security Sector Reform 189 in Sri Lanka Eleanor Pavey and Chris Smith 9 A Lot of Talk But Not a Lot of Action: The Difficulty of 213 Implementing SSR in Timor-Leste Gordon Peake Part III: Conclusion 10 Security Sector Reform in Challenging Environments: 241 Insights from Comparative Analysis Hans Born List of Contributors 267 About DCAF 269 Preface The Geneva Centre for the Democratic Control of Armed Forces (DCAF) is an international foundation whose mission is to assist the international community in promoting good governance and reform of the security sector. Beyond a range of publications linked to its activities, each year DCAF dedicates one book to a topic that is of particular relevance to its research and operational activities.
    [Show full text]
  • Perspectices on Involving Non-State and Customary Actors in Justice
    Perspectives on Involving Non-State and Customary Actors in Justice and Security Reform Editors: Peter Albrecht Helene Maria Kyed Deborah Isser Erica Harper Perspectives on Involving Non-State and Customary Actors in Justice and Security Reform Editors: Peter Albrecht Helene Maria Kyed Deborah Isser Erica Harper Perspectives on Involving Non-State and Customary Actors in Justice and Security Reform Copyright © International Development Law Organization 2011 International Development Law Organization (IDLO) IDLO is an intergovernmental organization that promotes legal, regulatory and institutional reform to advance economic and social development in transitional and developing countries. Founded in 1983 and one of the leaders in rule of law assistance, IDLO's comprehensive approach achieves enduring results by mobilizing stakeholders at all levels of society to drive institutional change. Because IDLO wields no political agenda and has deep expertise in different legal systems and emerging global issues, people and interest groups of diverse backgrounds trust IDLO. It has direct access to government leaders, institutions and multilateral organizations in developing countries, including lawyers, jurists, policymakers, advocates, academics and civil society representatives. Among its activities, IDLO conducts timely, focused and comprehensive research in areas related to sustainable development in the legal, regulatory, and justice sectors. Through such research, IDLO seeks to contribute to existing Practice and scholarship on priority legal issues, and to serve as a conduit for the global exchange of ideas, best practices and lessons learned. IDLO produces a variety of professional legal tools covering interdisciplinary thematic and regional issues; these include book series, country studies, research reports, policy papers, training handbooks, glossaries and benchbooks.
    [Show full text]