Informal Justice

For many countries it is important to acknowledge the role played by traditional, or ‘informal’, systems of law — including traditional, tribal, and religious courts, as well as community-based systems — in resolving disputes. These systems often play a large role in cultures where formal legal institutions fail to provide effective remedies for large segments of the population or when formal institutions are perceived as foreign, corrupt, and ineffective. While recognizing the importance of these informal systems, a necessary element of the rule of law is that informal systems are effective, impartial, and protect fundamental rights, and are held to the same standards of fairness in resolving disputes as formal systems.

The factor is composed of the following three sub-factors:

Subfactors

9.1 Informal justice is timely and effective
9.2 Informal justice is impartial and free of improper influence
9.3 Informal justice respects and protects fundamental rights