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Toolkit on Diversion and Alternatives to Detention

Traditional and Non-formal Justice Systems

'‘Traditional’ Justice Systems in the Pacific, Indonesia and Timor-Leste', Sinclair Dinnen for UNICEF PNG, April 2009 [Word 230kb]
Provides a broad introduction to ‘traditional’ justice as it operates in Papua New Guinea; Fiji; Solomon Islands; Vanuatu; Kiribati; Samoa; Indonesia; and Timor-Leste. Touches on characteristics, strengths and weaknesses, interface between formal and traditional systems, strategies for engaging with non-state systems, children’s and young people’s rights.

The Philippines - 'Indigenous Administration of Justice and its Impact on the Protection of Children: The Tagabawa-Bagobo and Subanen Experience', Save the Children UK, 2006 [Pdf 1.32Mb]
Case study of how two indigenous communities in Northern and Southern Mindanao handle offences committed by children and young adults and how indigenous systems can contribute to the development of a more systematic approach in diverting children in conflict with the law. Provides: a profile of the study communities (including the status of women and children); an overview of indigenous governance, contemporary practices and strengths and weaknesses; case studies involving children as victims/survivors and in conflict with the law.

'Towards Understanding Pukhtoon Jiirga: An indigenous way of peacebuilding and more', Hassan M. Yousufzai & Ali Gohar, Just Peace International [no date] [Pdf 1.9Mb]
First documentation on the Jirga dispute resolution system in the Pukhtoon belt of Pakistan and Afghanistan. Outlines the structures, processes and cultural context and poses questions on the way forward. This is an interesting document to assess whether traditional justice systems can brought into line with international human rights standards. However, it should be noted that, in the current context, the 'Jirga' system does not comply with such standards. [References to 'community' through the document refer exclusively to 'men'].



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