Prospects for Accessing Justice for Sexual Violence in Liberia’s Hybrid System

Freida M’Cormack

doi:10.5334/sta.603

Abstract

This paper explores the prospects of complementary rather than competitive dispute resolution and justice systems in Liberia. It specifically considers women’s access to justice in relation to sexual and gender-based violence (SGBV), which remains prevalent in the post-conflict period, and in the context of a highly hybridised justice system. While the formal system has made great progress in reforming laws and institutions but is vastly under-resourced. Informal and traditional systems are widely considered more accessible and affordable. They are, however, also susceptible to corruption and co-option, and the state’s oversight and curtailing of specific conflict resolution and punishment practices is considered to have rendered these systems less effective. Significantly, some cultural and traditional practices are themselves considered to facilitate and promote SGBV. These factors make complementary systems an imperative while working to address the deficiencies of both systems.

Highlights

In post-conflict Liberia robust laws and policies have been introduced promoting gender equality, partly in response to the extensive violence women endured during the country’s thirteen-year conflict
This paper examines the challenges and opportunities presented by Liberia’s hybrid justice system in relation to addressing
M’Cormack: Prospects for Accessing Justice for Sexual Violence in Liberia’s Hybrid System and responsive state security institutions— without them becoming too enmeshed in dysfunctional patronage networks [and] how to maximise the ability of state security institutions to ‘work with the grain’ of traditional and other informal institutions so as to make their security policies and programmes more effective and legitimate on the ground—without reinforcing local oppressions or unleashing destructive power struggles’ (Bagayoko, Hutchful, and Luckham 2016: 5)

Summary

RESEARCH ARTICLE

This paper explores the prospects of complementary rather than competitive dispute resolution and justice systems in Liberia. It considers women’s access to justice in relation to sexual and gender-based violence (SGBV), which remains prevalent in the post-conflict period, and in the context of a highly hybridised justice system. Informal and traditional systems are widely considered more accessible and affordable They are, susceptible to corruption and co-option, and the state’s oversight and curtailing of specific conflict resolution and punishment practices is considered to have rendered these systems less effective. Some cultural and traditional practices are themselves considered to facilitate and promote SGBV These factors make complementary systems an imperative while working to address the deficiencies of both systems

Introduction

Indirect oversight or collaborative relationship

Findings

Conclusion