Introduction
The Asia-Pacific region is a dynamic hub of economic growth and human development. Infrastructure building is booming, life expectancy is increasing, poverty is declining, and health care and education — albeit with some caveats — are improving. By contrast, such impressive progress is lacking in many areas of governance, not least the rule of law and access to justice. It remains a region where millions of people are deprived of their rights to justice, where protracted incarceration without trial is common, where the court systems often lack transparency, accountability and integrity.
Not everyone is equal in front of the law or a tribunal. In many Asia-Pacific countries, women face widespread discrimination, most acutely in Afghanistan. They do not have the same property or inheritance rights as men; they do not have equal access to courts; and rulings often disregard their claims and rights. Similarly, marginalized and minority communities — such as indigenous peoples, those with disabilities, and rural and displaced communities — find access to justice a daunting challenge, especially in matters of civil justice. And many communities in conflict-ridden countries such as Myanmar are left without access to formal justice systems.
Justice is more than laws and courtrooms, it is the cornerstone of equity, dignity and resilience. It is an essential part of the social fabric and cohesion of communities. Akin to education and health care, justice is a public good that must be delivered to all. When justice is denied, it is not only the individual who suffers, the very fabric of society is affected. Injustice erodes public trust, destabilizes communities and perpetuates cycles of poverty and exclusion. Injustice compounded by corruption, economic crises and deprivation ignites resentment, driving people to protest in the streets, as witnessed recently in Bangladesh and Sri Lanka.
The justice gap, in the otherwise positive development story of Asia, needs to be addressed by building on key principles.
Justice systems must be accessible and equitable for all, extending beyond traditional courts. Across Asia and the Pacific, formal legal systems should coexist more equally with indigenous and traditional laws that have served for centuries as the backbone of justice for communities.
Justice for all requires enhanced recognition of customary law and traditional justice mechanisms that foster inclusion and trust. Successful examples provide inspiration and could lend themselves to replication. For instance, Bangladesh’s village courts provide accessible and affordable justice in rural areas, empowering communities to efficiently resolve everyday disputes and strengthen trust and fairness.
Alternative mechanisms for dispute resolution can enhance justice, and in displacement contexts, ease tension. This is the experience in the Rohingya camps of Cox’s Bazar in Bangladesh and in Myanmar’s Kachin state, where local mediators and civil society organizations are working with communities and village leaders to address issues such as housing, land, and property rights, as well as labor disputes.
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https://www.undp.org/asia-pacific/blog/justice-is-not-for-all-in-asia-pacific
