Restitution and Legal Pluralism in Contexts of Displacement | Land Portal

Resource information

Date of publication: 
July 2012
Resource Language: 
ISBN / Resource ID: 

...This paper examines the value and limitations of HLP restitution in contexts of customary land tenure
and legal pluralism and examines the role that customary justice can play as part of a transitional
justice process. It argues that actors involved with restitution and broader efforts to reinstate justice,
the rule of law, and democracy in post-conflict and transitional contexts should engage, albeit under
certain conditions, with nonstate justice mechanisms. For the overwhelming majority of populations
in developing countries, which is where most internally displaced persons (IDPs) live, customary
justice is the only accessible form of justice. Engagement with it is essential to improving access to
justice and to reforming or influencing its rules and processes in accordance with the human rights
and democratic principles promoted by transitional justice...

Authors and Publishers

Author(s), editor(s), contributor(s): 

Barbara McCallin


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