Access to Justice

Strengthening Interface between Formal and Informal Justice Mechanism by Enhancing the Capacity of the Judicial Committee of the Local Authority (JudCom)

 

Supported by : UNDP/RoLHR
Project Duration : 6th August 2017 – 5th December, 2017
Consortium partners : Melmilap Alliance (RUWDUC, IGD and Pro-Public)
Target Area : Selected 35 Gaon/Nagarpalika of Dadeldhura, Kanchanpur, Kailali, Rupandehi, Kapilbastu, Chitwan and Tanahu District.

 

The “Strengthening Interface between Formal and Informal Justice Mechanism by Enhancing the Capacity of the Judicial Committee of the Local Authority (JudCom)” is conducted on collaboration with UNDP/RoLHR and Melmilap Alliance. The project addresses the following objectives, activities, stakeholders and expected results during the allocated time period:

Objectives

  • To strengthen the capacity of newly elected Judicial Committee members by enhancing understanding of their roles and responsibilities, specifically with reference to the provision in the constitution of Nepal and law relating to local governance.
  • To establish strategic linkages between Judicial Committees, Community Mediators and local government bodies for enhancing interface between formal and informal justice mechanisms.
  • To transfer knowledge on constitution and LG statutory provision related with community mediation, GBV, GESI and Human Rights through orientations programs involving judicial committee members, mediators and relevant stakeholders

Overall Key Activities and Achievements

The overall key activities and achievement of the project are as follows:

§  Project Management Committee Meetings

The total 3 project management committee meetings were conducted for successfully completion of the project activities.

§  Central Level Consultation

A Central Level Consultation meeting was conducted to prepare format of the resource manual and identify the key issues need to be discussed in local level consultation with the Judicial Committee Members, executive officers and stakeholders. The participants of the consultation were directly or indirectly connected with the Local Government Act and legal experts. They have suggested some key points need to discuss in local level for development of resource manual for Judicial Committee members.

§  Identifying Resource Person to Develop Resource Manual

Based on suggestion and feedback of the central level consultation and prepared format of the resource manual, two resource persons were identified to develop the different sections of the manual i.e. legal and GESI. The resource person were identified as per the expertise on the issues.

§  Local level Consultations in 35 Gaon/Nagarpalikas of Targeted 7 Districts

Local level consultation with JC members, executive officers and stakeholders were conducted in 35 Gaon/Nagarpalikas of the targeted 7 districts. The consultations were aimed to identify the needs of the Judicial Committee Members, the subject matters and information need to be included in the resource manual and IEC materials to make useful for the JC members.

§  Orientation on Resource Manual Peer Review

This particular additional activity was conducted as per the UNDP/RoLHR’s recommendation. The participants were from the Supreme Court, MoFALD, Judicial Council, Judicial Committee Member from Bhaktpur, Lalitpur, and Kathmandu and representative from the I/NGOs working on access to justice. The 5 peer reviewer were requested to review the draft and finalized by compiling all the feedbacks and suggestions provided by the peer reviewer.

§  3 Day Orientation for Judicial Committee Members and Executive Officers

After developing resource manual and IEC material, a 3 day district level orientation for the Judicial Committee Members and executive officers was conducted in Kanchanpur, Nawalparasi and Chitwan districts. The participants of the orientation were the JC members and executive officers from the 35 Gaon/Nagarpalika. The orientation aimed to enhance the capacity building and deliver the knowledge regarding their rights, role, responsibilities and the social issues they need to bear in mind during the decision making process i.e. GESI, social justice. The main goal of the orientation was as follows:

To enhance the capacity of the Judicial Committee Members:

  • Raise awareness and inform them about the role and responsibilities assigned by the constitution of Nepal and local government act.
  • Provide Information regarding social issues i.e. GESI, VAW etc.
  • Make aware about the Melmilap (mediation), its steps and importance
  • Make them aware on the provisions of the legal rights and limitations
  • Build capacity of the JC member on dispute resolution, justice delivery and mediation
  • Provide Orientation regarding the rights, responsibilities and the limitations of the JC members and Community Mediators to delivering formal or informal justice
  • Provide orientation on legal provisions of constitution and different acts on effective community mediation, gender based violence, gender equality and social inclusion, human rights etc.

§  Publication of Resource Manual and IEC Material for Judicial Committee Members

A resource manual and IEC material is published for the JC members and these would be very helpful for the JC members in dispute resolution and justice delivery in local communities.