2023-10-25-世界银行-在脆弱环境中增加诉诸司法的机会（英）_49页_5mb

GOVERNANCE: Increasing Access to Justice in Fragile Settings

Key Points

• Access to Justice Dimensions: Defined across three dimensions: legal framework, efficiency, and fairness.

• Common Barriers in FCS:

  • Legal framework: Discriminatory laws, outdated regulations, and lack of accessibility to legal information.
  • Efficiency: Lack of information, high costs, insufficient legal aid, and weak state capacity.
  • Fairness: Discrimination, corruption, trust issues in institutions, and geographical barriers.

• Strategic Options to Improve Access:

  1. Establish transitional justice processes.
  2. Review and update the legal framework.
  3. Engage with non-state actors (customary/judicial).
  4. Broaden the reach of justice (e.g., through paralegals, small claims courts).
  5. Conduct awareness campaigns and sensitize on gender issues.
  6. Reduce costs (e.g., legal aid, court fees).
  7. Remove physical/geographical barriers (mobile courts).
  8. Introduce ICT tools to improve efficiency.

• Policy Implications:

  • Design reforms with level of fragility in mind.
  • Map existing justice actors and legal gaps initially.
  • Harmonize institutions with existing dispute resolution mechanisms.
  • Prioritize transitional justice in post-conflict settings.
  • Expand access, especially for women, minorities, and rural communities.

#### Summary Notes:
- The report emphasizes the unique challenges FCS face in their legal systems and proposes both reforms and collaborative solutions.
- Implementation needs institutional stabilization, political will, and multi-stakeholder involvement.