Alternative approaches to access to justice in Kenya : a cost-benefit analysis
Most rural areas are geographically located far away from courts or any justice institution, making it hard for residents to access them. This report analyses relevant literature and sets out the conceptual framework; discusses the obstacles that impede access to justice in Kenya; maps out the nature of disputes and existing dispute resolution initiatives; provides a cost and benefit analysis of the existing access to justice initiatives; and concludes with a summary of the key findings, making recommendations towards enhancing access to justice policies that relate to scaling of existing access to justice initiatives.
Auteur ou autrice(s) : Katiba Institute, University of Nairobi, Kamau, Paul
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Langage : Anglais
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Supporting and synthesizing community-based justice research (“community-based justice research”) : final technical report
This is the final technical report for the Supporting and Synthesizing Community-Based Justice Research
(“Community-Based Justice Research”) project. The CBJR project is an extension of the IDRC’s Understanding the Costs and Benefits of Community-Based Justice Services (“Community Justice”) collection of research projects. This collection includes separate studies led by CBJR project partners in Sierra Leone, Kenya, and South Africa. Each study in this collection is designed and implemented by the respective in-country research team but is similarly centered on gathering country-level insights on the costs and benefits of justice services used at the local level to resolve select civil and family justice problems. Findings from the Community Justice collection of studies inform a final, pan-project, CBJR report.
Auteur ou autrice(s) : Moore, Lisa
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Langage : Anglais
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Brief 4 : structural and financing models in the CAO sector
Auteur ou autrice(s) : Mukorera, Sophia, Martins, Winnie
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Langage : Anglais
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Brief 3 : profiles of CAOs in the study
Auteur ou autrice(s) : Mukorera, Sophia, Martins, Winnie, Mabuza, Alwin
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Langage : Anglais
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Brief 5 : cost benefit analysis
Auteur ou autrice(s) : Mukorera, Sophia, Martin, Winnie
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Langage : Anglais
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Brief 6 : assessment of case management strategies and CAO/CBP functionality in justice service delivery
Auteur ou autrice(s) : Mukorera, Sophia, Martins, Winnie
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Langage : Anglais
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Brief 7 : African indigenous knowledge systems in the CAO sector in SA
Auteur ou autrice(s) : Friedman, Carol
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Langage : Anglais
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Scaling access to justice research collaboration
Auteur ou autrice(s) : Martins, Winnie, Mukorera, Sophia
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Langage : Anglais
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Brief 8 : recognition, regulation and institutionalisation of the CAO sector in SA
Auteur ou autrice(s) : Martins, Winnie, Mukorera, Sophia
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Langage : Anglais
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Brief 1 : executive summary
Auteur ou autrice(s) : Mukorera, Sophia, Martins, Winnie
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Langage : Anglais
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Brief 2 : community-based participatory research methodology
The study focuses on the models used by community advice offices in the South African provinces of Eastern Cape, Free State, KwaZulu-Natal, Limpopo and Mpumalanga during the period 2016 to 2018. Case management strategies were investigated, a cost-benefit analysis conducted and the perceptions of CBPs and service recipients on different aspects of community-based justice delivery were explored. This brief describes the research design and strategy followed in this study, which was driven by the community-based participatory research (CBPR) approach. The methods used for sampling, data collection and data analysis are discussed. The reliability and validity of findings are considered in the context of the mixed-methods approach that was used. Ethical considerations and the possible limitations of the research design are discussed, as well as benefits that were found related to the use of the CBPR approach. The brief concludes with a summary.
Auteur ou autrice(s) : Mukorera, Sophia, Martins, Winnie
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Langage : Anglais
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Brief 9: the role of network governance in the CAO sector in SA
This brief presents the role of network governance in the community access office (CAO) sector in South Africa. There is limited research on the role of network governance by CAOs and community-based paralegals (CBPs) regarding the facilitation of effective access to justice in South Africa. There is, therefore, a need to bring the experiences of CBPs and service recipients in this regard into the open. This brief describes network governance and the nature of work that requires network governance; whom the CBPs network with and how they build the network; and the challenges and benefits they experience and opportunities to improve their networks. The brief presents the perspectives of CBPs and service recipients at the ten CAOs in this study, organized according to the five provinces where they are located. Evidence from two case narratives is presented. Comparative findings across all ten cases are presented, along with a summary of findings.
Auteur ou autrice(s) : Martins, Winnie, Mukorera, Sophia
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Langage : Anglais
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Brief 10 : Comparative findings and analysis across community advice offices
This brief begins by comparatively analysing the quantitative data and outcomes from the ten case studies. It then compares the community-based paralegals’ (CBP) responses to the lines of inquiry, followed by thematic CBPs, focus group, and organisational affiliates responses. This brief analyses the data collected in relation to the five objective of the study which are to conduct cost-benefit analysis of the ten community advice offices (CAO) participating in the study; develop any evidence-based arguments regarding financial and human capital sustainability for and appropriate regulation and institutionalisation of the CAO sector; investigate ways that CAOs and CBPs advance African ways of knowing justice and governance in furtherance of Sustainable Goal 16; establish the role of network governance by CAOs regarding facilitation of effective justice system; and determine how to empower the CBP voice from a focus on basic justice services delivery to articulation of CAO sector advocacy and reform. The comparative analysis is presented according to each objective of the study.
Auteur ou autrice(s) : Martins, Winnie, Friedman, Carol, Mukorera, Sophia
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Langage : Anglais
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Costs and benefits of community-based justice in Sierra Leone
Sustainable development goal 16.3 aims to “promote the rule of law at the national and international levels and ensure equal access to justice for all”. In 2012, Sierra Leone enacted a progressive legal aid law which established a mixed system of criminal and civil legal aid to be provided by a variety of players including paralegals, private and public lawyers, NGOs, and law clinics. By that law, the government committed to place at least one paralegal in each of the country’s 190 chiefdoms to provide legal advice, assistance, and education to the inhabitants. However, fiscal constraints mean that the government funded Legal Aid Board and NGOs delivering paralegal services cannot operate and deliver their services at scale. This research aims to contribute to the body of knowledge on approaches to expanding access to justice in Sierra Leone and globally in a cost-effective, strategic, and sustainable manner.
Auteur ou autrice(s) : Conteh, Felix Marco, Jones, Yakama Manty, Conteh, Sonkita, Mbawa, Henry, Ibrahim, Aisha Fofana
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Langage : Anglais
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Scaling access to justice research collaboration
This cost-benefit study was undertaken to assess the outcomes of community-based justice services (paralegal NGOs) and to make recommendations on strategies for scaling up access to justice in Sierra Leone. The project’s outcomes include: evidence for policy makers to be used in decision making related to justice funding priorities; generation of reference material for future research; network building and collaboration with researchers in Canada, Kenya and South Africa; experience in building and managing research teams; and change in the data management system of community-based justice providers. Lack of data limits advocacy capabilities of justice activists, and affects government and donors’ decision making capacities.
Auteur ou autrice(s) : Conteh, Felix Marco, Jones, Yakama Manty, Conteh, Sonkita, Mbawa, Henry, Ibrahim, Aisha Fofana
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Langage : Anglais
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