minority communities, such as minority women, who may not always treated equally under these traditional legal systems Minorities often experience disproportionate rates of incarceration. These rates could be reduced through better provision of legal aid to minorities, including assistance in minority languages. Use of alternative dispute resolution and restorative community-based justice can decrease reliance on custodial measures. Training for prison officials could sensitize them to the cultural and religious rights and needs of minority prisoners and to their right to nondiscrimination. Overall, greater monitoring and accountability within the justice system will reduce the impact of discrimination that results in the higher incarceration rates. Working with Traditional Justice Systems in Nepal In order to properly understand indigenous justice systems, UNDP Nepal commissioned several studies in remote areas. It found that these century-old community mediation systems are functioning effectively, including the implementation of and adherence to rulings in criminal cases. Based on the studies, a mediation manual was prepared that was used to train traditional mediators in order to raise awareness about the formal law. It was essential to convince traditional mediators of the added value of adhering to formal law as well as providing them with the best international practices on mediation. Source: UNDP, Programming for Justice: Access for All. A Practitioner’s Guide to a Human Rights-Based Approach to Access to Justice, UNDP 2005, p. 104. Designing Innovative Approaches to Enhance Access to Justice in Kosovo In Kosovo, efforts were made to promote a professional, independent, impartial and multi-ethnic judiciary and prosecution service. A multi-ethnic judiciary, especially at the local level, can help in taking action against ethnic bias and to build trust between different communities. For example, the Judicial Integration Section (JIS) was, “tasked with increasing minority participation in the judiciary and prosecution service, ensuring access to justice for minorities and tracking the treatment of minorities by the justice system.” Other ways in which the JIS addressed obstacles facing ethnic minority communities included: shuttle services to and from the community to courts in order to overcome restrictions on freedom of movement; court liaison officers to facilitate access to courts by providing advice and outreaching to different ethnic groups; oversight bodies to monitor investigations, court processes and judges to ensure impartiality; and victim assistance units to provide comprehensive assistance including legal services, shelter services, psycho-social support, medical assistance, education, income generation and compensation. Source: UNDP, Programming for Justice: Access for All. A Practitioner’s Guide to a Human Rights-Based Approach to Access to Justice, UNDP 2005, p. 168. 48 M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g

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