24th Jun 2017

Research

  • Need Assessment of Legal Recourse in Nepal (UNDP/A2J)
    The study identify the challenges being faced in translating the rhetoric of access to justice into practice for the disadvantaged, women and the poor; and suggest recommendations to improve their ability to invoke legal recourse for fulfilling their justice needs. The study facilitates the identification of the areas of reform that can improve people's access to justice, especially for the vulnerable and marginalized section.
    The study shows that even after some rapid legal reform that occurred in the past decade, women, poor and disadvantaged groups are still unable to invoke appropriate legal recourse for making their rightful claim or to redress the injustice committed to them. The report identifies their inability can largely be attributed to barriers in the path to justice, lack of legal awareness, poor coordination of legal aid, shortcomings in the legal provisions and governmental and institutional incapacity. In addition, shortcomings of Nepalese legal provisions and lack of protection accorded to victims, sentencing guidelines and laws that are still discriminatory in practice identifies the study. The study reports comes up with major recommendations that the concerned individuals and institutions both the government and non government should initiate in order to improve the justice needs of the people especially the disadvantaged, women and the poor.
  • Rehabilitation and Reintegration Denied? A Critical Analysis of Juvenile Justice System in Nepal

    This study represents initial research on juvenile justice in Nepal. It explores the causes of juvenile delinquency, the level of rehabilitation and reintegration of the children, and also reviews existing national and international instruments for the rights of the children and their implications for the practice in Nepal. The study reveals the extent to which legal practices and legislation fail to address constitutional and international standards. It makes recommendations for addressing the problems found, so as to ensure the proper rehabilitation and reintegration of juvenile delinquents. This study reveals that the objectives of rehabilitation and reintegration are absent in the current practice in Nepal.

    This study is based on empirical evidence that discloses the state of the Nepalese juvenile justice system. The evidence primarily consists of data collected by PPR Nepal from 60 juveniles who all have been in conflict with the law and in contact with the Nepalese justice system. Furthermore, data collected from police offices and courts also help to reveal the current practice of juvenile justice in Nepal.
  • Assessment of Impact of Legal Aid Services in Nepal (UNDP/A2J)

    The legal aid regime of Nepal needs suitable reforms keeping in view the changing requirements of the Nepalese society. These reforms must respond to experiment of the last 52 years, and bottlenecks and shortcomings experienced in the existing system, based on the comparative perspective of some other jurisdictions, and the point of view of the beneficiaries of the evolving system.

    This study shows that the Legal Aid Act, 1997 needs to be revised to keep up with the international trend, and giving due regards to the requirements of all the major legal aid providers. The Act needs to be converted into an umbrella Act for all legal aid initiatives recommends the report. The existing plural system of legal aid with baitanik lawyers at judiciary, the NBA administered legal aid committees and legal aid NGOs working according to their specific priorities may be given continuity it further suggests. The report recommends the government to work on National Legal Aid Policies to be adopted for the whole country to augment the existing vacuum in this regard.
  • Local Traditional Justice Systems in Nepal (UNDP/ A2J)

    Traditional Justice System (TJS) is the justice systems that exists at the local level or community level which are not been established by the state and the system usually follows customary law or an un-codified body of rules of behavior, enforced by sanctions, varying over time and place. For the purpose of this report TJS is defined as ''all those dispute settlement mechanisms that are based on local customs, culture and traditions which are being utilized by local people to resolve disputes within their community.

    Like in many other countries, Nepal also has many TJS in practice. This study analyzes the four TJS that are practiced across the country namely Shir Uthaune- Dhankuta district, Pancheti-Saptari district, Tamudhin- Kaski district and Badghar- Banke district. This study makes an analysis of the TJSs in Nepal with a view to assessing how these systems are in compliance with human rights standards and how it can be formalized with the local governance system, and the extent to which they enhance access to justice in a legitimate and sustainable manner; and make recommendations to UNDP A2J in identifying appropriate interventions for enhancing the capacity of TJS dispute settlers.

    This report presents a short description of the four selected TJS namely Shir Uhtaune, Pancheti, Tamu Dhin and Badghar and areas and measures of capacity development of TJS dispute settlers are discussed. The study further discusses on the possible areas of linkages between the formal justice mechanism and TJS.

    The study comes up with the finding that TJS has played a significant role in enhancing people's access to justice. Through the TJS, people in particular the poor and the marginalized have received speedy, low cost, accessible justice at their door steps which are in compliance with their custom, tradition and culture. The systems have significantly contributed to maintain peace and harmony in the societies through dispute settlement though TJS has some limitations as well such as non- compliance with human rights standards, gender insensitivity, discrimination, at times use of coercion, captured by elite class of the society, lack of knowledge on state legal provisions. The report recommends that to overcome the weaknesses in TJS and strengthen the system, capacity building of TJS dispute settlers need to be strengthened on the subject matters including basic concept of human rights and international human rights standards, gender justice, concept of inclusion and non-discrimination, understanding of disputes and conflicts, aware community people about the rights of women, process of dispute settlement, dispute settlement practices, types of disputes that can and cannot be entertained by TJS etc.



 

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