Justice for the Poor Indonesia From Research to Operations Presentation DC 6 June 2007

Objectives In this presentation we will: Provide background on Indonesian context and state of the justice sector Describe the origin and development of Justice for the Poor Indonesia from research to operations Lay out our strategy for scaling up research and pilots to deliver national level impacts With regard to law the WDR finds that this can be both a source of inequality and a potential tool for breaking inequality traps.

Indonesian Context Transition from autocracy to democracy Large-scale decentralization Unleashes social conflict in 7 provinces Over 1 million IDPs at its peak Economic growth -4% in conflict areas Foreign Investment Low Failure of justice a core element of the problem: World Bank CAS 2004-2008

Justice in Indonesia Classic weaknesses of justice in the developing world Under-resourced Technically weak Rife with corruption and political interference Low public trust Minimal relevance to the public at large Challenges of legal pluralism GOI says, “Desperate but not hopeless”

Justice for the Poor Phase One: Exploratory Find out what is going on at the community level Identify success factors where the poor utilize the justice sector to assert their rights Determines that socio-political factors were crucial rather than legal technical Legal literacy, public mobilization, scrutiny of state institutions

From Research to Operations Phase Two: Experimental Replicate the success factors into operational work Two pilots operating in 4 provinces Women’s Legal Empowerment Revitalization of Legal Aid Third pilot soon to commence in 2 provinces Village Judicial Autonomy

The Justice for the Poor Model Focus on community level Public legal education Build mediation skills Provide avenues for complaint Economic rights are the core Land Anti-corruption Family law – marriage, divorce, inheritance Labour rights – wage discrimination Gender perspective Links justice and poverty – consistent with popular conceptions of “justice”

Justice for the Poor Model LEVEL: ----------------- Province District Sub-district Village

Example: Revitalization of Legal Aid in Indonesia Program Objective: Enhance capacity of existing village institutions to deliver legal aid and mediation services for the poor Activities: 2005-2009; 3 provinces Established 98 community based legal aid/mediation posts 190 village paralegals & 160 village mediators formed 548 cases received from December 2005-December 2006 Community legal education & resolution of community disputes: land, natural resources, labour, domestic violence, inheritance Linking poor communities with external support: NGOs, media, reformers in government Generating Demand for Reform: support community organization and advocacy to demand responsive executive and judiciary

Legal Aid Posts Delivering Services at the Grassroots Level

Scaling Up After three years, generated research and analytical work, pilots in 500 villages So what? 69,500 villages remain untouched. Links to government and institutional change? Role of the Bank: convert the “boutique operations” to national level impacts

Phase 3: Consolidation & Scaling Up Three main streams for achieving scale up and maximizing impact 1. Policy National Access to Justice Strategy Work on Regional Regulations 2. Operations Insert the Justice for the Poor Model through poverty programs: addressing the justice elements of the development process Main mechanism for implementing the strategy Leveraging government funds for legal empowerment 3. NGO Strengthening Crucial role as intermediary/implementing organizations

Challenges Enhancing quality of the pilots – delivering success to justify the scale up M&E: generate evidence of impact against Income Violent conflict State-society relations