Access to Justice

Purpose of Project

The Access to Justice Project worked to create solutions that bridge the gaps between the formal and informal justice systems in a way that is effective, responsive and accessible. The project focused on alternative dispute resolution mechanisms and targeted assistance to the most marginalized Cambodians: the poor, women and indigenous people.

Main Activities

• Undertake studies on alternative dispute resolution and pilot new mechanisms to provide marginalized Cambodians with alternatives to the formal justice system.
• Establish Commune Dispute Resolution Committees (CDRCs) at commune level to provide mediation services free of charge for people at commune level.
• Establish Maisons de la Justice (Justice Houses) at district level to provide legal advice, information and mediation services free of charge to rural Cambodians, and provide legal information to local officials and the public.
• Conduct capacity building and training on fundamental rights and basic laws for officers of Maisons de la Justice and members of CDRCs.
• Train facilitators in Community Capacity Enhancement techniques for use in village Community Conversations on gender issues, focusing on domestic violence.
• Organize Peace Table forums to bring together local government authorities and indigenous communities to discuss issues of concern, especially land disputes.
• Collect, publish, and advocate for the recognition of indigenous peoples’ customary rules.
• Provide legal assistance to women and members of indigenous groups involved in cases in the formal justice system.

Key Results

• 56 Commune Dispute Resolution Committees with seven members each (392 in all) were established at commune level.
• 20 Maisons de la Justice with three staff members each (60 in all) were established at district level.
• 267 people were trained in the Community Capacity Enhancement methodology of Community Conversations, and 794 conversations were held in 89 villages, addressing family and gender issues including domestic violence.
• Deputy district governors, staff of Maisons de la Justice and members of CDRCs received skills training in mediation, human rights and laws.
• 2,310 cases were submitted to CDRCs; 1,448 cases were submitted to Maisons de la Justice as of 2009.
• The most common issues in both the CDRCs and Maisons were land disputes, domestic violence, defamation or insult, debts owed and divorce.
• About 57 percent of Maison clients and 63 percent of CDRC clients were women, while 4 percent of Maison clients and 2 percent of CDRC clients were from indigenous or ethnic minority groups. About 46 percent of Maison clients and 48
  percent of CDRC clients had incomes of less than US$1.25 a day.
• 210 women received legal assistance in formal court cases.
  The majority of cases involved divorce or allegations of rape.
• Three publications on alternative dispute resolution - a Mediation Handbook, plus Operational Manuals for Maisons de la Justice and CDRCs - were developed, printed and distributed in 2010. These publications will be used by the Maison officers and CDRC members to ensure clear procedures and consistency of work methods.
• Understanding and attitudes to domestic violence were measured through a baseline study in 55 villages in 2008 and a follow-up study in 2009. The study found greater awareness among villagers of what constitutes domestic violence and greater confidence among women in speaking out on the issue.
• 72 Traditional Authorities received training in alternative dispute resolution skills, human rights and relevant national laws, particularly regarding land and forestry. The training helped enable indigenous peoples to resolve issues within their own communities and in relation to the broader Cambodian society.
• Customary rules of indigenous peoples were compiled and shared with judges, lawyers, police, legislators, students.
• 12 Peace Table forums resulted in the return of hundreds of square kilometres to indigenous peoples. Even so, the cases mediated represented only a small proportion of the land in dispute.
• Members of indigenous groups received free legal representation in eight formal court cases.
• Justice of the Peace Feasibility Study (2008) found a local adjudicatory body could complement the existing informal justice system of conciliation and alternative dispute resolution.
• A Case Study of Indigenous Traditional Legal Systems and Conflict Resolution in Rattanakiri and Mondulkiri Provinces (2008) focused on indigenous peoples’ authorities, procedures and norms and exposed some of the difficulties indigenous peoples face when they seek resolutions outside their communities.
• A Case Study on Divorce and Separation in Cambodia (2008) highlighted the challenges faced by women seeking a divorce, including the issue of domestic violence, the lack of legal representation and the social stigma attached to divorced women.
• Documentation of Customary Rules of the Brao, Charay, Kreung, Phnong and Tumpoun Ethnicities (2009) books were compiled to assist in recommending to the Government that there should be acknowledgement of indigenous peoples’ traditional dispute resolution mechanisms and customary rules.

Background

In response to a request from the Council for Legal and Judicial Reform, UNDP conducted an eight-province study in 2005 on the gaps in justice, and the roles and interplay between formal and informal justice at the national and local level. The resulting report, Pathways to Justice: Access to Justice with a Focus on the Poor, Women and Indigenous Peoples in Cambodia, identified needs, shortcomings and opportunities within the justice system and found that these three groups had particularly poor access to justice. It formed the basis for the Access to Justice Project, which provided technical and financial support to the Government for its legal reform agenda. This pilot project aligned with the National Strategic Development Plan and the Legal and Judicial Reform strategy.