Access to Justice for Children
A Review of Customary and Informal Justice Systems in Fiji, Kiribati, Samoa, Solomon Islands and Vanuatu
Highlights
This report provides information about customary and informal justice systems in five Pacific Island Countries – Fiji, Kiribati, Samoa, Solomon Islands and Vanuatu. It is intended to be a standalone multi-country review that gives a ‘snapshot’ rather than a detailed examination of the complex, diverse, and evolving systems at local levels for dealing with conflict, delinquency, crimes, and disputes involving children. This report aims to expand the knowledge base about customary and informal justice systems, analyse the information found and spark discussion about strengthening the linkages between customary and informal justice systems and the formal state justice systems.
While this report makes every attempt to understand how customary and informal justice systems function within the five countries, it is based solely on information obtained from a literature review. Although there is a growing body of research on this subject in other parts of the world (mainly Africa, Asia, and Latin America), literature and empirical evidence on customary and informal justice in Pacific Island Countries still need to be developed.
The information provided in this report is derived from a comprehensive desk review of the five countries using publicly available literature from academia, United Nations (UN) agencies, Non-Government Organisations (NGOs), and government websites. Where possible, information was cross-checked with UNICEF country focal points; however, it was not possible within the scope of this review to undertake consultations with national and international experts, scholars, and human rights specialists, nor to undertake substantial primary qualitative and quantitative research. Given the limited literature on the subject, in some instances, customary and informal justice systems have been discussed broadly rather than with a specific focus on access to justice for children. The information in this review is intended to contribute to UNICEF’s ongoing formative reviews on formal access to justice for children in the same five countries. Information contained in this report will be summarised in the respective formal country reviews and roadmaps. Analysis of the customary and informal justice systems will be supplemented by consultations with key stakeholders and service providers undertaken in-country as part of the broader formative reviews.
