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									Launching of the Study

    ACCESS TO
      JUSTICE
 with a focus on the
  Poor, Women and
Indigenous Peoples in
     Cambodia

Raquel Yrigoyen Fajardo
      Kong Rady
       Phan Sin

          UNDP
   Regional Workshop on
   Access to Justice for All
   Phnom Penh, 9/22/2005
Why a research study on Access to
Justice with a focus on the poor?
• Conflict resolution approach:              Access to
• Just see and study current conflicts and
• How they have been channeled
                                              justice
• Human rights approach:
• Considers social needs for
• 1) Conflict resolution
• 2) Protection of rights and
• 3) Control the abuse of power
• Considers current and potential
  demand for justice:
• There are some events that people have
  not been able to channel due to lack of
  right awareness or because there are
  not available channels to do it
  (corruption, abuses, etc.)
Terms: descriptive and prescriptive
• The same happens in other developing
  countries
• The communes resolve conflicts
  mainly through conciliation
• It’s less costly and time-consuming
  than the courts
• People may understand proceedings
  and language
• Problems: bias; lack of capacity and
  legal competence to deal with some
  matters they are asked for
• Cannot address big conflicts, grant
  rights or enforce decisions by force
Limits of ADR
• Global approach: local-national; Adjudicatory-Alternative-Indigenous
• ADR should be strengthened at all levels
• Local capacity for conflict resolution should be strengthened: at village
  and commune level
• Allocation of jurisdictional powers at local level (District): authority with
  capacity to apply local customs but also with competence to decide,
  enforce decisions and grant rights (especially women’s and children’s
  rights). See civil and also seeks for compensation in minor criminal
  cases
• Indigenous law and conflict resolution system should be recognized:
  including jurisdictional powers, with mechanism for coordination and
  accountability
• Introduction of alternatives in the criminal system: Compensation in
  minor crimes, Plea bargaining, Alternatives to prison, etc.
• Control corruption in the delivery of justice services
• Empowerment of the poor, women and indigenous peoples: rights
  awareness. Building capacity for participation

								
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