Publication: Reforming Justice: Fostering Engagement Between Statutory Courts and Customary Law Systems
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2025-05-14
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2025-05-14
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This Brief examines the complex relationship between statutory courts and customary law systems, highlighting the historical context that fostered legal pluralism in many countries. It argues that attempts to replace customary practices with uniform legal frameworks have largely failed, suggesting instead that a harmonious coexistence of these systems can enhance access to justice and fairness. The Brief identifies practical mechanisms for engagement, emphasizing the need for context-sensitive approaches that recognize the ingrained nature of customary systems, especially in regions where they are preferred for their accessibility and cultural relevance. The Brief highlights several factors that should be considered when designing engagement, including state recognition; jurisdiction; articulation and documentation of customary law; referral pathways; appeal pathways; and oversight and accountability. The Brief also explores strategies for addressing harmful practices, as customary justice systems can incur human rights violations, including discrimination against women and marginalized groups, denial of fair trial rights, and the enforcement of harmful traditional punishments.
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“Bosio, Erica; McGrath, Philip. 2025. Reforming Justice: Fostering Engagement Between Statutory Courts and Customary Law Systems. Prosperity Notes Series. © World Bank. http://hdl.handle.net/10986/43186 License: CC BY-NC 3.0 IGO.”
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