Equality before the law and equal protection of law are the fundamental rights of Nepali citizens enshrined within the Interim Constitution of Nepal 2007. In the current transition from conflict to peace, democracy and rule-of-law in Nepal, it is essential that the state is seen to deliver effective, accountable and inclusive access to justice to all.
Following 10 years of conflict in Nepal and continued political instability, the provision of justice for all remains weak. Many lack access to state justice mechanisms, due to economic, geographic or social barriers. This is particularly so for women and those belonging to poor, marginalised and vulnerable groups, who lack the resources, literacy and networks to even approach formal mechanisms. Instead, many turn to local indigenous systems for dispute settlement, as well as a growing number of other non-state justice providers, such as paralegals or mediation committees, which dispense cheaper and more immediate 'justice'.
However, in the absence of a strong state justice sector to counterbalance and oversee the non-state actors of justice, some non-state mechanisms are mediating and settling cases of a criminal nature, superseding the criminal justice system of the state. Some traditional local non-state justice mechanisms also deliver verdicts and punishments that do not respect human rights and gender-equality principles.
In this context, International Alert is jointly implementing the Building Partnership for Accessible, Accountable and Inclusive Justice Project with partnership of Forum for Women Law and Development (FWLD) and Legal Aid Consultancy Centre (LACC). The Project is funded by the European Union.
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