Habib mayar, Deputy General Secretary of g7+
Justice as a Means to Preventing and Reducing All Forms of Violence: A g7+ Perspective
Towards advancing the Pact for the Future: security and justice provision as a means to reducing all forms of violence (SDG 16.1)
Location: UNHQ CR#6
Thursday 11 July 2024, 13:15 – 14:30
Excellencies, ladies and gentlemen,
On behalf of the g7+ group, I would like to thank the organizers of this very important event the subject of which is very close to our hearts. The g7+ is an inter-governmental organization of 20 countries that have experienced transition, collectively offering a wide range of lessons on pursuing lasting peace and stability. Access to justice has been an indispensable pillar of a peaceful society and the nation.
We believe that access to equitable justice is not merely a reactive tool to address wrongs but a proactive measure that can prevent violence and build lasting peace. The g7+, therefore, played a central role in advocating for a standalone goal within agenda 2030. Access to justice is a universal aspiration, but its attainment is very peculiar to countries’ unique contexts.
The rule of law is an exceptional societal stabilizer and vital for ensuring effective and equitable justice. However, establishing and maintaining the transparent, accessible legal institutions necessary for upholding the rule of law is lofty. This is true in countries ravaged by decades of conflicts and violence.
Against this backdrop, I have following 5 points that summarizes our challenges and aspiration:
First: Wars leave behind social and societal wounds that become source for of future conflicts. It is these societal and political divisions in which future conflicts of different forms take roots. Not to go very far, the 4 decades of instability and wars in my own country Afghanistan is the reflective of this reality. On the other hand, we have countries within the g7+ and outside that have successfully closed the chapter of decades of wars and bloodshed through process of truth, reconciliation, and dialogue.
Therefore, essential in achieving sustainable peace in justice is that it must go beyond punitive measures, which may discourage illegal behaviors but do so at the cost of societal integrity and cohesion. We need justice that supports lasting peace and healing. Process of truth, reconciliation and restorative justice is the only affordable means to heal societal wounds, addressing victims’ needs and, in close contact with victims, holding perpetrators accountable. This approach has healed rifts and created an environment of peace, trust, and respect for human rights – necessary for any society but uniquely so in conflict affected ones. Moving on from conflict is necessary for enduring peace and stability, and so too are supporting mechanisms.
Second: Conflict is a deeply complex problem with a host of causes, including poverty, inequality, and social exclusion. Only by resolving root problems can we effectively prevent future violence. To resolve these, justice cannot simply be a retaliation for past wrongs but must be integrated with broader efforts to progress society, improving critical social infrastructure like economic opportunity, education, and healthcare. Justice must meet the needs of the people holistically.
Third: Throughout human history, justice systems have evolved to meet the unique needs of diverse societies. National ownership is a core principle we, the g7+, advocate for. Justice systems must be designed to effectively meet local needs and respect local contexts. Inclusivity and responsiveness are key components of national ownership. For a justice system to be truly effective, it should serve the entire population, not just an elite few. Accountability is essential to ensure that justice is fair, equitable, and accessible to all.
Fourth: Access to formal justice is expensive. It requires, capable, well-resourced and conducive environment. Formal criminal and civil courts in many conflicts affected countries are overwhelmed with cases. Those seeking justice cannot afford formal mechanism. The accused become stuck in pre-trial detention and are denied their own justice. Its estimated cost in low-income nations is $13 billion globally per year. This far exceeds current national justice spending and foreign justice aid in FCAS. Perhaps necessarily, the vast majority, an estimated 80-90%, of “legal” disputes go through customary and informal justice systems instead of formal state-based courts. Greater recognition and inclusion of, and collaboration with, customary and informal justice systems, therefore, provides a powerful avenue to relieving overburdened courts and making justice accessible and nationally affordable.
Fifth and final point:
The support of the international community is vital for perusing equitable justice. This includes not only capacity building, financial, and technical assistance but also moral and political support. Too often, global actions driven by narrow national security concerns end up emboldening elite and exclusive regimes that are the very reason for injustice. Atrocities in Gaza are reflective of this harsh reality we are facing. A more nuanced and comprehensive approach is required, one that genuinely supports inclusive and equitable justice systems, rather than reinforcing the status quo.
Excellencies, ladies and gentlemen,
Fully understanding opportunities and challenges facing conflict affected countries in access to equitable justice requires humility on part of international community and organization. Our engagement with Pathfinders is aimed at enhancing that understanding of our context and we have greatly benefitted from such engagement. We, therefore, look forward to continuing such engagement.
I thank you all for your attention.