Our client in this project was Avocats Sans Frontières (ASF), which is an international NGO dedicated to assisting those in vulnerable situations by demanding and asserting their rights. For ASF, justice is an essential element for preventing and managing conflicts, as well as for promoting human rights. As such, one of their objectives is to guarantee access to justice and promoting legislative reform to increase respect for human rights. This study was part of their programme "Contributing to the objectives of sustainable development through the strengthening of access to justice in the DRC".

To learn more about ASF, you can visit their homepage here.

The study has two objectives: 

1. Examine the effects of community conflict resolution practices on land disputes in the province of Central Kongo; 

2. Examine the effects of collaboration between community and judicial actors on the resolution of conflicts, as well as the opportunities, constraints and avenues for strengthening this collaboration.

Customary land conflicts are particularly complex and sensitive because of their nature and the issues at stake; it appears that the parties to such conflicts are unable to identify a solution to their problem without the intervention of external actors. In their search for a solution, customary leaders are usually the first actors to whom the parties turn to. However, in the vast majority of cases their intervention does not bring the conflict to an end. The party that is not satisfied with the chief's decision almost always brings the conflict to the attention of the judicial authorities

For its part, the formal justice system is ill-equipped to respond effectively to the immense challenges posed by these conflicts. The judges do not have sufficient knowledge of customary law or the financial means to ensure a truly independent investigation of cases. The procedures are therefore particularly long and the risks of corruption are high. In the end, it is not uncommon for the Courts to send the parties back, without a clear decision. Thus, in the absence of a solution, the conflicts most often persist between the parties, pending new attempts at resolution that offer no greater guarantee of success.

Many customary land conflicts therefore appear to be 'unsolvable'. From the analysis of the discussions conducted in the framework of this research, it emerges that the almost total absence of coordination and collaboration between customary and judicial actors is one of the determining factors of this deadlock. In order to strengthen the security of the parties in conflict and to avoid the proceedings before these actors leading to contradictory decisions, thus further fuelling the conflict, it appears essential to strengthen relations between these actors and to create new and strong dynamics of collaborations.

To learn more, you can access the final publication here.

Our team within this project consisted of:

• Gilles Durdu - Team leader and member of INANGA. His areas of expertise include access to justice, rule of law reform, legal pluralism, (alternative) dispute resolution, human rights, international and sustainable development
• Julien Moriceau – Backstopping expert for this mission and INANGA co-managing partner. His areas of expertise include the rule of law, security sector reform, sustainable development, qualitative and quantitative field research.