Publication: Understanding Access to Justice and Conflict Resolution at the Local Level in the Central African Republic
Loading...
Published
2012-02-24
ISSN
Date
2013-10-07
Author(s)
Editor(s)
Abstract
The Central African Republic (CAR) is coming out of a long period of political and social turmoil that have left the country weak and with fragile institutions. However, over the last few years the security situation has improved and the state institutions have started to stabilize. In order to improve on these achievements, CAR needs to engage in a long process of strengthening state and community based institutions while ensuring that security is improved to show people a reduction of violence relatively quickly. The 2011 World Development Report (WDR) on conflict, security and development sees the delivery of citizen security as central to achieving resilience and returning to stability. This study aims to better understand how people in CAR experience justice and conflict resolution with the objective of exploring opportunities to strengthen access to justice and conflict resolution mechanisms in the country. The study has carried out a field mapping of how the population is handling issues of justice and conflict resolution at the local level. The authors have also engaged government officials, Non-Government Organizations (NGOs), and local experts in a series of workshop to discuss the findings of the mapping and possible operational directions. Finally, on the request of the government, the study has also included an assessment of how issues of local and customary justice where handled in other African countries with a longer experience in this area.
Link to Data Set
Citation
“World Bank Group. 2012. Understanding Access to Justice and Conflict Resolution at the Local Level in the Central African Republic. © World Bank. http://hdl.handle.net/10986/16097 License: CC BY 3.0 IGO.”
Digital Object Identifier
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Criminal Justice(World Bank, Washington, DC, 2010-11-09)Strengthening the rule of law is widely regarded among traditional donors, multilateral institutions, and a growing number of middle income and fragile states as a necessary precondition for sustainable peace, poverty alleviation, and development. Crime and violence deter investment and lower employment, undermine social institutions, and divert resources through direct and indirect costs, all of which hinder development. It is likely to disproportionately affect poor and marginalized populations by limiting access to basic services. The formal criminal justice system is seen in many environments as failing to deliver justice. Most states experiencing fragility do not have the capacity to effectively prevent crime, enforce laws, or peacefully resolve disputes across the whole of their territories. There is another powerful deterrent for communities to seek redress through state criminal justice institutions: they are frequently a primary instrument for the government and elites to maintain power and control through the perpetration of injustice. The informal system, however, is alone insufficient to handle the pressing justice requirements of fragile states, not least for preventing and responding to inter-communal conflict, to serious organized and cross-border crime, and to public corruption and other 'white collar' crime.Publication Community Based Paralegalism in the Philippines(World Bank, Washington, DC, 2014-02-07)Community-based paralegalism has been active in the Philippines for the past 30 years, and yet its contribution to access to justice and the advancement of the rights and entitlements of the poor has been largely undocumented. This paper attempts to provide a framework study on the history, nature, and scope of paralegal work in the Philippines, based on the experience of 12 organizations that are active in the training and development of community-oriented paralegals. The study first provides a working definition of a community-based paralegal, and then examines the work of paralegals, their systems of accountability or lack thereof, and issues regarding recognition by the state and civil society actors. It also explores facilitating and hindering factors that aid or impinge upon the paralegals effectiveness. A major contributor to the work of paralegals was the democratization process after the overthrow of the dictatorship of Ferdinand Marcos and the continuing evolution of legal rights spurred by the relatively progressive constitution ratified in 1987. Three dimensions of paralegal s work are identified and explored, namely, building rights awareness, settling private disputes, and increasing state and corporate accountability. The study ends with conclusions and recommendations with regard to sustainability, monitoring and evaluation, funding, and the prospects for paralegal work over the long term.Publication Community Based Paralegalism in the Philippines : From Social Movements to Democratization(World Bank, Washington, DC, 2014)Community-based paralegalism has been active in the Philippines for the past 30 years, and yet its contribution to access to justice and the advancement of the rights and entitlements of the poor has been largely an undocumented. This paper attempts to provide a framework study on the history, nature, and scope of paralegal work in the Philippines, based on the experience of 12 organizations that are active in the training and development of community-oriented paralegals. The study first provides a working definition of a community-based paralegal, and then examines the work of paralegals, their systems of accountability or lack thereof, and issues regarding recognition by the state and civil society actors. It also explores facilitating and hindering factors that aid or impinge upon the paralegals' effectiveness. A major contributor to the work of paralegals was the democratization process after the overthrow of the dictatorship of Ferdinand Marcos and the continuing evolution of legal rights spurred by the relatively progressive constitution ratified in 1987. Three dimensions of paralegal's work are identified and explored, namely, building rights awareness, settling private disputes, and increasing state and corporate accountability. The study ends with conclusions and recommendations with regard to sustainability, monitoring and evaluation, funding, and the prospects for paralegal work over the long term.Publication Africa Regional Justice Note : A Review and Lessons Learned(World Bank, 2010-09-14)The note is designed to assist Bank task teams, working together with their country counterparts, who may have varying levels of experience with promoting the Rule of Law (ROL); some would be familiar with the African context but not ROL, and for others, vice-versa. This note may also represent a first introduction to ROL reform; for those who have worked on such projects in the past, it should supplement existing knowledge about this emerging field. Specifically, this note aims to equip Bank staff to promote, design, conduct, and oversee projects and analytical work related to ROL reform by: providing an introduction to the ROL movement and the purpose of ROL work in the broader context of development; placing the Bank's work on the rule of law in Africa in a historical context, both in terms of Africa's recent history and the Bank's evolving priorities; presenting 'lessons learned' from past and ongoing rule of law reform efforts and providing specific guidance for embarking on new or supervising existing projects, particularly in conflict-affected and fragile situations; and highlighting rule of law projects that are noteworthy because of a particular focus or approach.Publication Examining the Effectiveness of Legal Empowerment as a Pathway Out of Poverty : A Case Study of BRAC(World Bank, Washington, DC, 2014-01)This paper examines the current status of justice and dispute-resolution mechanisms in Bangladesh, ranging from the formal justice system to the traditional shalish (a form of dispute resolution), and focuses on the costs and benefits of utilizing nongovernmental organization (NGO)-led legal services programs as an alternative form of justice delivery and dispute resolution for the poor, with a focus on women and girls. In particular, this paper takes a closer look at a the Human Rights and Legal Aid Services (HRLS) program of BRAC, a leading NGO that works to empower the poorest and most vulnerable in Bangladesh and eleven other countries across the world. HRLS provides a combination of Bangladesh Rural Advancement Committee (BRAC)-led shalish, human rights community based education, community mobilization through a corps of community-based outreach workers (known as shebikas), and recourse to the courts via a network of panel lawyers if needed. This paper will examine the successes of this model in rural Bangladesh as well as the challenges it faces in making an impact on solving the justice problems of the poor and contributing to gender equity. Ultimately, it aims to present a case study that illustrates the strengths and challenges of a legal empowerment model that is quickly gaining traction around the world.
Users also downloaded
Showing related downloaded files
Publication Caring for Thailand’s Aging Population(World Bank, Washington, DC, 2021-04)Thailand is the second-fastest aging country in the Association of Southeast Asian Nations (ASEAN) after Singapore, and it is growing old before it grows rich. Thailand has already made considerable progress in recognizing the ageing challenge and has initiated policy reforms and development programs to address it at both national and local levels. The 2012–16 National Economic and Social Development Plan and, more recently, the 2017–2036 National Strategy, underscore the welfare of older persons as a government priority. At the heart of Thailand’s approach is universal health insurance, supported by a community-based primary health care system with a reliance on volunteers. Thailand is now working to expand access to long-term care (LTC) at the community level as part of this volunteer-supported primary health care system. This report was prepared based largely on secondary sources, given the limitations on travel during 2020. It makes use of the comprehensive results of the Survey of Older Persons in Thailand, as well as excellent studies produced by various government, non-government, and academic authors. Nevertheless, in preparing the report the authors noted considerable data gaps, especially on private sector services, costs and usage, labor force, and projections of future demand for care. The team fact-checked the report with various country and sector experts; however, it should be considered a preliminary overview of the current situation. Additional data and consultation are needed to elaborate on the recommendations provided in this report.Publication Risk-Based Approaches to Business Regulation(World Bank, Washington, DC, 2020-10-22)Governments increasingly use risk-based regulation (RBR) to adapt their degree of regulatory control to the actual risks posed by industry sectors, economic activities, and business establishments. Risk-based regulation aims to protect public goods, such as safety, health, and the environment, while at the same time avoiding unnecessary burdens on businesses. When designing regulation and developing models for monitoring and enforcement, risk guides assessments of costs and benefits. This note presents reformers and practitioners with the highlights of an approach to implementing a risk-based regulation system.Publication Senegal : Country Environmental Analysis(Washington, DC, 2008-11-12)The main objective of the Senegal Country Environmental Analysis (CEA) is to reinforce the ongoing dialogue on environmental issues between the World Bank and the Government of Senegal. The CEA also aims to support the ongoing Government implementation of a strategic results-based planning process at the Environment Ministry (MEPNBRLA). The main goal is to enable Senegal to have the necessary tools to attain the Millennium Development Goals (MDGs) and manage its natural resources and environment in a sustainable manner that contributes sharing wealth and reducing poverty. The CEA presents a review of national environmental priorities and the institutional framework for managing these priorities. The CEA also proposes recommendations about reforms that could be implemented with the support of international development partners. This final CEA report includes three sections to encourage discussion on the observations made from the analysis and the suggested recommendations: a) section one summarizes the main environmental issues identified in the CEA (institutional framework for environmental management, sustainable management of terrestrial ecosystems, management of water resources, management of fisheries, and urban environmental management in Dakar. Other environmental issues are also tackled in this section, urban environmental management in regions, waste management, management of coastal zones, and management of retention basins and artificial lakes; b) section two analyzes each of the issues and singles out specific observations and recommendations about institutional and legal reforms and ways to improve management; and c) section three summarizes the operational recommendations drawn from the previous section according to the main environmental issues identified in the CEA framework.Publication Digital Africa(Washington, DC: World Bank, 2023-03-13)All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.Publication Progress and Challenges of Upper Secondary Education in China(World Bank, Washington, DC, 2019-02)Over the past decade, China’s transition rate from lower secondary education to higher secondary education has increased significantly, from 80.5 to 93.7 percent. In light of this impressive progress, the Chinese government aimed at raising the gross enrollment rate in senior high schools to above 90 percent by 2020. Quality and relevance in vocational and academic high school education could be a key bottleneck in further expansion. The way tracking operates between academic and vocational streams could itself be a distortion for the sector’s further expansion. Looking ahead, reforms in upper secondary education are imperative, given increasing demand for a highly skilled labor force and China’s fast demographic change as the young population cohorts decline. The paper examines the sector’s key constraints in access, financing, tracking, and informed decisions and recommends how the quality of the general and vocational education tracks can be further improved.