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Advancing human rights in legally plural Africa: the role of development actors in the justice sector

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Giselle Corradi at Ghent University
Giselle Corradi
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Abstract

This dissertation examines the role of justice sector aid in sub-Saharan Africa regarding the relationship between human rights and local legal orders from a normative and empirical point of view. At the normative level, it explores how socio-legal theory on legal pluralism and human rights’ cross-contextual implementation may inform the practice of development actors in the justice sector. Based on case studies in Sierra Leone and Mozambique, the research applies this body of knowledge to the analysis of empirical data on development actors’ policies and interventions. The conclusion argues that the following issues deserve particular attention: the adoption of a users’ perspective regarding which local justice providers are targeted by policies and interventions, consideration of how different modes of dispute processing relate to the implementation of human rights, engagement with local knowledge and a critical approach to human rights cross- contextual application. Key words: Justice sector aid, human rights, access to justice, legal pluralism, customary legal orders, Sierra Leone, Mozambique
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... Yet another reason why this study and the adopted approach are relevant is related to the fact that it holds theoretical relevance as to the conceptualisation of the relationship between human rights and legal pluralism. The relationship between human rights and plural normative frameworks (legal pluralism as a social fact and/or as official, state regulated legal orderings) has been extensively studied in the context of post-colonial developing countries, leading to the recognition of the need to engage with local legal orders in order to promote human rights cross-contextually (An-Na'im, 1992Corradi, 2012Corradi, , 2014. In the context of Western countries however, it is generally assumed that legal pluralism globally forms a threat to human rights. ...
... In the field of legal development aid, it has been argued that, instead of 'amending' justice systems, one should seek to understand the underlying socio-economic, cultural and political structures that lie at the root of human rights violations (Corradi, 2012). Consequently, development actors need to depart from the lived realities of justice seekers on their pathways to justice (Chopra & Isser, 2012). ...
... It is crucial in actor-oriented approaches to human rights to take into account all relevant (local) normative forces, including not only formal justice institutions, but also other social fields that (re)produce and enforce norms, such as for instance the family, local community, and religious instances, since all of these fields, may constrain as well as enable human rights (Corradi, 2012). I n t r o d u c i n g t h e r e s e a r c h | 61 It has been argued by different scholars that human rights need to be locally grounded in order to fulfil their emancipatory potential (An-Na'im, 1992Merry, 2006aMerry, , 2006b. ...
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