2025-05-25-世界银行-改革司法_促进法定法院与习惯法体系之间的互动（英）_22页_980kb
报告摘要
- The report argues that a collaborative approach between statutory courts and customary law systems can enhance justice access, using a historical lens of legal pluralism. Despite past failures in replacing customary practices, coexistence is superior, leveraging their strengths for inclusivity. Engagement is key, especially in low-income and fragile states, where customary systems handle up to 90% of disputes due to their cultural relevance, affordability, and speed.
- Key findings reveal that over two-thirds of global populations in many contexts prefer customary justice, driven by factors like community-based accessibility, low costs, and linguistic familiarity; however, this system isn't without drawbacks, including inconsistent application and potential human rights violations. Governments face risks like entrenching harmful customs or undermining unified law, necessitating careful integration.
- Design and context factors include varied models from suppression to full integration, requiring state recognition, clear jurisdictional boundaries (e.g., exclusivity for family matters), articulation of customary law to ensure consistency, referral pathways to prevent forum shopping, appeal mechanisms for fairness, and strategies to eliminate harmful practices like gender discrimination. Effective oversight involves community monitoring and paralegal support.
- Challenges and risks involve aligning with human rights standards, avoiding cultural biases, building trust in formal institutions, and ensuring practical implementation. Harmful practices must be addressed proactively, combining education with enforcement. Implementation demands context sensitivity, as seen in case studies like Somalia and Kenya.
- Overall, fostering engagement enhances justice for marginalized groups and supports economic growth, but requires persistent effort to overcome obstacles and build symbiotic relationships.
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