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Begin New Search Topic Law Content Type Policy Brief Publishing Institution United States Institute of Peace

1. Providing Justice in Haiti

Author:
Robert Maguire
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In spite of the Haitian government's stated priority of improving rule of law, a Haitian court's decision not to prosecute former dictator Jean-Claude Duvalier for crimes against humanity has cast doubt on the sincerity of that commitment. The failings of Haiti's judicial system are well-known, but historically reform efforts have been ineffective. Improved provision of justice is critical for the creation of conditions for stability and the eventual withdrawal of the United Nations Stabilization Mission in Haiti (MINUSTAH). Modernizing Haiti's antiquated legal and penal codes are an essential component of rule of law reform. Some progress is being made toward this end. A greater emphasis is needed on coordinating efforts among international donors and improving interaction with Haitian counterparts to achieve progress on judicial reform.
Topic:
Crime, Human Rights, Foreign Aid, Fragile/Failed State, and Law
Political Geography:
United Nations, Caribbean, and Haiti

2. Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles

Author:
Jason Gluck, Scott Worden, Colette Rausch, and Vivienne O'Connor
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Popular uprisings throughout the Middle East and North Africa are demanding justice, security, and accountability— defining features of the rule of law. Constitutional reform is a priority, but it must be done by legitimate representatives of the people, not hangovers from the past. Principles of inclusivity, transparency, and participation must be at the heart of the process.
Topic:
Democratization and Law
Political Geography:
Iraq, Middle East, Kosovo, Nepal, and North Africa

3. Analyzing Post-Conflict Justice and Islamic Law

Author:
Whitney Parker, Scott Worden, Shani Ross, and Sahar Azar
Publication Date:
03-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Post-conflict justice mechanisms such as truth commissions, war crimes tribunals and reparations programs have emerged as a fundamental building block of durable peace settlements in Latin America, Africa and Asia. They are relatively rare, however, in Muslim countries recovering from conflict-despite the fact that social and criminal justice is a fundamental principle of Islamic law.
Topic:
Conflict Prevention, Crime, Islam, War, Law Enforcement, and Law
Political Geography:
Africa, Asia, Arabia, and Latin America

4. The Kabul Courts and Conciliators: Mediating Cases in Urban Afghanistan

Author:
Zuhal Nesari and Karima Tawfik
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
USIP observation in the Kabul court system shows that a significant number of legal disputes are being resolved through a combination of formal and informal justice mechanisms, contrary to the assumption that resorting to traditional dispute resolution bodies occurs only in rural areas where legal awareness and access to courts is low. Specifically, the Kabul courts frequently refer cases to conciliators who are not part of the formal judiciary. This yields benefits for both the courts and litigants: Conciliators reduce the courts'; caseload and litigants receive a cost-effective and expeditious alternative to trials. The Afghan civil and commercial procedural codes specifically allow decisions made between litigants and a conciliator to be formally registered with the court, which may provide a legal model for recognition of decisions by traditional shuras or jirgas. In practice, however, litigants are not uniformly provided with the option of settling their cases through conciliators. Therefore, increased public awareness of the legal option to refer cases to conciliators would provide litigants with the relevant knowledge they need to make an informed decision about the best way to resolve their disputes, and reduce the demand for the already overburdened formal justice sector.
Topic:
Crime and Law
Political Geography:
Afghanistan

5. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia

6. The Rule of Law in Haiti After the Earthquake

Author:
Vivienne O'Connor
Publication Date:
04-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The January 12th earthquake in Haiti shook the justice system. Prior to the earthquake, Haiti had been making steady progress towards improving access to justice.
Topic:
Disaster Relief, Governance, and Law
Political Geography:
Caribbean and Haiti

7. Building the Rule of Law in Haiti: New Laws for a New Era

Author:
Hans Joerg Albrecht, Louis Aucoin, and Vivienne O'Connor
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
USIP has been working with lawmakers and other reform constituencies in Haiti as they strive to reform Haiti's criminal laws that date back to the early 19th century. In March 2009, USIP commissioned two reports that were written by Louis Aucoin, a professor at the Fletcher School at Tufts University, and Hans Joerg Albrecht, the director of the Max Planck Institute of Foreign and International Criminal Law. At the request of Haitian lawmakers, USIP has also provided copies of the Model Codes for Post-Conflict Criminal Justice, a law reform tool developed by USIP's Rule of Law Program to assist in the drafting of new laws. From June 9 to June 11, 2009, USIP co-hosted a “Technical Workshop on the Modernization of the Criminal Code and Criminal Procedure Code” in Port-au-Prince, Haiti with the Haitian government and a number of international donors. The workshop brought together representatives from the Presidential Commission on Law Reform, the legal community and civil society, along with international organizations and donors, to discuss the problems with Haiti's criminal laws and how to improve them.
Topic:
Civil Society, Crime, Poverty, and Law
Political Geography:
Caribbean and Haiti