Restitution and Legal Pluralism in Contexts of Displacement

Description: 

"...This paper examines the value and limitations of HLP restitution in contexts of customary land tenure and legal pluralism and examines the role that customary justice can play as part of a transitional justice process. It argues that actors involved with restitution and broader efforts to reinstate justice, the rule of law, and democracy in post-conflict and transitional contexts should engage, albeit under certain conditions, with nonstate justice mechanisms. For the overwhelming majority of populations in developing countries, which is where most internally displaced persons (IDPs) live, customary justice is the only accessible form of justice. Engagement with it is essential to improving access to justice and to reforming or influencing its rules and processes in accordance with the human rights and democratic principles promoted by transitional justice..."

Creator/author: 

Barbara McCallin

Source/publisher: 

Brookings Institution

Date of Publication: 

2012-08-00

Date of entry: 

2015-07-29

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Format: 

Size: