Following ten years of conflict and continued political instability, state-led provision of justice remains extremely weak. Many lack access to state justice mechanisms, due to economic, geographic or social barriers. This is particularly so for women and those belonging to marginalised and vulnerable groups who lack the resources, literacy and networks to even approach formal mechanisms. Instead, many turn to a growing number of non-state justice providers, such as indigenous systems, paralegal or mediation committees and political parties that dispense cheaper and more immediate justice.
The non-state justice sector is vibrant and growing. It plays an essential role in providing access to justice for the poor and marginalised and relieving the over-burdened state justice sector. However, in the absence of a strong state justice sector to counterbalance and oversee the non-state sector, non-state mechanisms are beginning to mediate criminal cases, superseding the criminal justice system of the state. Some traditional non-state mechanisms also deliver verdicts and punishments that do not take into account human rights and gender equality norms.
Access to justice is a fundamental human right and basic state service. In the current transition from conflict to peace, democracy and rule-of-law in Nepal, it is essential that the state is seen to deliver effective, accountable and equitable access to this basic right. Failure to do so may compound the frustrations of those marginalised from accessing this right and provide unregulated space to a number of non-state actors to take the place of the state in providing criminal justice.
We work to strengthen the effectiveness, inclusivity and accountability of the formal justice sector in responding to the needs of the Nepali people, including vulnerable and marginalised groups, by:
- Strengthening and creating relationships between the state and non-state justice sectors based on clarity and understanding of the roles of each sector;
- Strengthening the capacity of the non-state justice sector to advocate for, support and monitor a more effective, accessible and accountable state justice sector.