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.
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