New Reports Support Alternative Justice Systems
Research Findings on Indigenous Customary Rule,
a Justice of the Peace System and
Divorce and Separation in Cambodia launched
PHNOM PENH, 3 APRIL 2008: Access to justice for indigenous communities, district-level complementary local legal authorities and divorce and separation issues were the key topics for today’s launch of three separate reports compiled with support from UNDP, Ministry of Justice and Ministry of Interior.
The research was carried out in response to issues raised in a
comprehensive 2005 Access to Justice report entitled Pathways to
Justice. These topics were identified as key areas of judicial concern
affecting rural Cambodians.
In her welcoming address, UNDP Deputy Country Director Sophie Baranes emphasized the importance of a concerted approach to judicial reforms.
“Finding ways to link the formal and traditional justice is a key component to justice sector reform and the joint initiative for studies such as those presented today between UNDP and the Ministry of Justice and Ministry of Interior is a promising step,” she said. She underscored the relevance of the topics discussed in “assuring legal redress for those living on the margins of justice in Cambodia; namely the poor, women and minority indigenous populations. “
Secretary of State for the Ministry of Interior H.E. Nuth Sa An said the reports identified realistic methods for implementing judicial and legal reform, with the aim of bringing justice services closer to local people.
“Through this reform, the government could achieve its core area of good governance, a crucial tool for development and poverty alleviation,” he said.
The Ministries of Interior and Justice, with support from UNDP, have implemented four main project initiatives in access to justice, namely, the formation of justice centers at district level, strengthening dispute resolutions at commune levels, promoting access to justice for women, and supporting traditional indigenous conflict resolution mechanisms.
Ray Leos, author of the Justice of the Peace feasibility study exploring the possibility of creating a local adjudicatory body or entity, asserted that such local entities based at the district or commune level could complement the already existing informal justice system of conciliation and alternative dispute resolution. Such a system would combine the accessibility, understanding and convenience of established local justice methods with the binding legal authority of a formal court system.
Jeremy Ironside discussed traditional indigenous legal systems and methods of conflict resolution, looking specifically at indigenous traditions in Rattanakiri and Mondulkiri provinces. His report described a traditional justice system which receives strong and continued support from local indigenous communities who use it, and identified difficulties faced by the indigenous community in resolving problems outside their villages, due to their marginalization within the formal legal system.
Recommendations included forming a facility within the Ministry of Justice authorized to train commune, district and court officials to operate on the interface between the two legal systems, maintaining research and consultation with indigenous communities, and allowing traditional authorities to continue using their conflict resolution process.
Margaret Ryan, author of the Case Study on Divorce and Separation in Cambodia, highlighted the challenges faced by women seeking a divorce, including the issue of domestic violence, which is cited as a major cause of divorce in Cambodia, the lack of legal representation and the social stigma attached to divorced women. She said steps needed to be taken to bolster regular and uniform funding for existing courts, strengthen the current legal framework to facilitate divorce procedures, and better define the clear roles and jurisdiction of local commune authorities in these matters.
H.E. Long Phol, Secretary of State, Ministry of Justice, concluded the launch by acknowledging that the research had enabled deeper insight into some key areas of judicial reform in Cambodia.
For further information please contact:
Kimseng Men Tel: (855) 023 216 167 ext. 139 Mobile: 012 555 605
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Margaret Lamb Tel: (855) 023 216 167 ext. 132 Mobile: 012 707 457
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Aimee Brown Tel: (855) 023 216 167 ext. 131 Mobile: 012 760 513
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
In her welcoming address, UNDP Deputy Country Director Sophie Baranes emphasized the importance of a concerted approach to judicial reforms.
“Finding ways to link the formal and traditional justice is a key component to justice sector reform and the joint initiative for studies such as those presented today between UNDP and the Ministry of Justice and Ministry of Interior is a promising step,” she said. She underscored the relevance of the topics discussed in “assuring legal redress for those living on the margins of justice in Cambodia; namely the poor, women and minority indigenous populations. “
Secretary of State for the Ministry of Interior H.E. Nuth Sa An said the reports identified realistic methods for implementing judicial and legal reform, with the aim of bringing justice services closer to local people.
“Through this reform, the government could achieve its core area of good governance, a crucial tool for development and poverty alleviation,” he said.
The Ministries of Interior and Justice, with support from UNDP, have implemented four main project initiatives in access to justice, namely, the formation of justice centers at district level, strengthening dispute resolutions at commune levels, promoting access to justice for women, and supporting traditional indigenous conflict resolution mechanisms.
Ray Leos, author of the Justice of the Peace feasibility study exploring the possibility of creating a local adjudicatory body or entity, asserted that such local entities based at the district or commune level could complement the already existing informal justice system of conciliation and alternative dispute resolution. Such a system would combine the accessibility, understanding and convenience of established local justice methods with the binding legal authority of a formal court system.
Jeremy Ironside discussed traditional indigenous legal systems and methods of conflict resolution, looking specifically at indigenous traditions in Rattanakiri and Mondulkiri provinces. His report described a traditional justice system which receives strong and continued support from local indigenous communities who use it, and identified difficulties faced by the indigenous community in resolving problems outside their villages, due to their marginalization within the formal legal system.
Recommendations included forming a facility within the Ministry of Justice authorized to train commune, district and court officials to operate on the interface between the two legal systems, maintaining research and consultation with indigenous communities, and allowing traditional authorities to continue using their conflict resolution process.
Margaret Ryan, author of the Case Study on Divorce and Separation in Cambodia, highlighted the challenges faced by women seeking a divorce, including the issue of domestic violence, which is cited as a major cause of divorce in Cambodia, the lack of legal representation and the social stigma attached to divorced women. She said steps needed to be taken to bolster regular and uniform funding for existing courts, strengthen the current legal framework to facilitate divorce procedures, and better define the clear roles and jurisdiction of local commune authorities in these matters.
H.E. Long Phol, Secretary of State, Ministry of Justice, concluded the launch by acknowledging that the research had enabled deeper insight into some key areas of judicial reform in Cambodia.
For further information please contact:
Kimseng Men Tel: (855) 023 216 167 ext. 139 Mobile: 012 555 605
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Margaret Lamb Tel: (855) 023 216 167 ext. 132 Mobile: 012 707 457
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Aimee Brown Tel: (855) 023 216 167 ext. 131 Mobile: 012 760 513
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
- Related topics: Democratic Governance
Last updated: 20 August 2010
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