Community-based Dispute Resolution Mechanisms and Gender-Just Access to Justice in Bangladesh: A Step Towards Empowerment

In December 2022, a series of six Upazila-level orientation meetings took place across Banaripara, Kowkhali, Barishal Sadar, Rangpur Sadar, Pirgacha, and Badarganj to introduce the Community-based Dispute Resolution Mechanisms and Improving Gender-just Access to Justice in Bangladesh project. These meetings engaged 344 key stakeholders (106 women and 238 men) in discussions about project goals, objectives, beneficiaries, and operational strategies, aiming to foster collaboration and community participation.

Project Goals and Objectives

This project seeks to enhance access to justice for marginalized and vulnerable communities, particularly women, by employing Restorative Justice (RJ) approaches and community mediation strategies. By empowering local stakeholders and utilizing informal resolution mechanisms, the initiative addresses the bureaucratic complexities and resource shortages plaguing the formal justice system.

The Rationale Behind the Project

The traditional Salish system, once a trusted community-level conflict resolution mechanism, has increasingly become susceptible to political bias, patriarchal dominance, and human rights violations. While the formal legal system is often inaccessible due to high costs, corruption, and delays, this project bridges the gap by providing a fair, inclusive, and community-driven approach to resolving disputes.

Key Barriers Addressed

1. Political Influence: Traditional mediation is often swayed by local power dynamics.
2. Lack of Training: Mediators and community leaders need training in conflict resolution and human rights.
3. Patriarchal Hegemony: Gender biases often affect dispute outcomes.
4. Resource Gaps in Formal Justice: Courts and police stations are burdened with backlogs.

Relevance to the National Plan

This project aligns with the National Plan to strengthen community justice systems and supports Bangladesh’s commitment to Sustainable Development Goals (SDGs), particularly Goal 5 (Gender Equality) and Goal 16 (Peace, Justice, and Strong Institutions).

Working Area and Beneficiaries

The project operates in six Upazilas, engaging local stakeholders, civil society members, and community leaders. Women and disadvantaged community members are the primary beneficiaries, receiving legal aid, mediation support, and capacity-building opportunities.

Operational Strategy

• Restorative Justice Forum (RJMF): A core element that resolves disputes through inclusive mediation.
• Community Mediation: Engaging local leaders to address disputes informally and impartially.
• Capacity Building: Training RJMF members in mediation, conflict resolution, and human rights.
• Collaboration: Ensuring synergy with government and non-government actors.

Stakeholder Reflections and Insights

Nasima Zaman Bobi, Chairman, Rangpur Sadar Upazila Parishad:

She highlighted the potential of informal mediation to resolve disputes outside of overburdened courts but emphasized the need for unbiased decision-making free from political pressure.

Md. Maniruzzaman, Upazila Nirbahi Officer, Barishal Sadar:

He praised the project’s RJ approach as a solution to the shortcomings of traditional Salish and stressed the importance of courage and integrity among mediators.

Md. Asaduzzaman Pintu, RJMF Member, Kowkhali:

He acknowledged the challenges in maintaining neutrality in traditional Salish and called for more training for RJMF members to enhance their effectiveness.

Activities and Achievements

1. Orientation Meetings: Facilitated understanding of project goals and engaged 344 participants, including government officials, NGO representatives, and civil society members.
2. Legal Aid and Mediation: Provided justice to vulnerable groups through community-based mechanisms.
3. School Campaigns: Raised awareness against early marriage and domestic violence.

Recommendations from Stakeholders

• Ensure long-term sustainability to maintain project impact.
• Train RJMF members and Community Partners (CPs) for better mediation outcomes.
• Foster continuous communication with local police, government, and NGOs.
• Expand outreach to wider communities to increase awareness.
• Provide ID cards to RJMF members for smoother operations.

Restorative Justice and Arbitration Process

Restorative Justice Forums form the backbone of this initiative. These forums address domestic violence, land disputes, dowry cases, and other conflicts, resolving 95% of cases locally through mediation. This process minimizes court involvement, reducing delays and costs for beneficiaries.

Training and Capacity Building

Stakeholders emphasized the need for advanced training in conflict resolution, human rights, and mediation. Equipped with these skills, RJMF members can contribute significantly to fair and effective justice delivery.

Sustainability and Impact

The project’s alignment with SDGs ensures its relevance and long-term sustainability. Its strategies aim to reduce systemic biases and empower women and marginalized groups, ensuring justice without harassment.

Partnerships with BftW and Diakonia

With support from Brot für die Welt (BftW) and Diakonia, this initiative continues to address the critical need for gender-just access to justice, paving the way for a more equitable society.

Conclusion

The Community-based Dispute Resolution Mechanisms and Improving Gender-just Access to Justice in Bangladesh project is a beacon of hope for marginalized communities. By leveraging community mediation, capacity building, and restorative justice, it transforms the traditional justice landscape into one that is fair, inclusive, and sustainable.