Accessibility of Justice for Intimate Partner Violence Victims in the Customary Court at Rohingya Refugee Camp, Bangladesh

This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.

Private Sector Ombudsman and Strengthening Consumers＇ Access to Justice： The Experience From Yogyakarta

After the monetary and political crisis of 1997 and 1998, Indonesia has been viewed by some observers as having entered into a transitional phase from authoritarian rule by a strong state toward a new democratic system of government in which civil societies will play a more prominent role. Democratization process is also accompanied by the rise of a strong civil society, which would together result in more efficient and transparent governments at local levels. This article aims to show the dynamic of democratization process in Indonesia, in which civil societies such as business actors, NGOs （non-government organizations）, journalists, scientists, business associations, consumer organizations, etc., play a more apparent role. Focused on the establishment of Private Sector Ombudsman （Lembaga Ombudsman Swasta--LOS） and also its role and responsibility, the author examines how LOS has become an alternative option for consumers to strengthen access to justice. In the last three years, LOS has succeeded in handling more than 200 cases and some of them have been the hottest issues. On the one hand, the emergence of LOS shows that civil society in Yogyakarta has played a significant role in implementing business ethics and good governance principles, and on the other hand, LOS has been proven to be the answer for consumers＇ needs in which consumers＇ complaints settled quickly, informal, and free of charge.

WHAT DOES ACCESS TO JUSTICE REQUIRE？ -- OVERCOMING BARRIERS TO INVOKE THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities （UNCRPD）. This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties -- Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan - are also considered. The Committee＇s feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.

MAGNA CARTA AND THE FUNDAMENTAL RIGHT TO DUE PROCESS

The 800th anniversary of Magna Carta has been marked by much pageantry and celebration. Some scholars have taken this opportunity to point out that the myth of Magna Carta is far greater than what the actual 1215 Charter managed to accomplish. Nevertheless, Magna Carta did make a meaningful and concrete contribution to due process in 1215, as shown by certain provisions that are seemingly overlooked by critics eager to downplay the Charter＇s importance. This article highlights two lesser known clauses of Magna Carta that had real contemporary significance in guaranteeing the availability of jury trial for some categories of civil litigation. The ringing promises of Clauses 39 and 40 may have inspired great jurists and founders of nations, but the more humble Clauses 17 and 18 -- specifying the proper location and manner of hearing certain civil cases -- must also be taken into account in assessing the Charter＇s importancc.