LAND DISPUTE RESOLUTION- IMPACT ON GOVERNANCE NO. 2 SSHFC CRESCENT OFF BERTIL HARDING HIGHWAY CONTACT:

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Presentation transcript:

LAND DISPUTE RESOLUTION- IMPACT ON GOVERNANCE NO. 2 SSHFC CRESCENT OFF BERTIL HARDING HIGHWAY CONTACT:

THE GAMBIA

DISPUTE RESOLUTION SETTING Gambia – approx. 11,000 sq. 100.sq. KM – FREEHOLD -Urban Rest Regions – Mainly Rural Dual approach to land rights – statutory/Customary legal system tripartite Common law/statute Customary law Islamic law/Sharia (Muslim population 90%)

LAND CONFLICT RESOLUTION SYSTEMS - Formal Formal court structure : (Magistrates courts, high court, court of appeal, supreme court) – 3 tier appeal structure, District /Group tribunal Cadi Court System (INHERITANCE - DIVORCE): Cadi court constituted by Cadi and 2 Scholars (Ulama),Cadi Appeal Panel (Constituted by 5)

LAND CONFLICT RESOLUTION SYSTEMS - INFORMAL Alternative Dispute Resolution Secretariat Community ADR (Ethnic/Religious) Court connected ADR

CONTEXT By 2000 Congestion in all courts Human and institutional capacity constraints Poor conditions of service-dependent on technical assistance judges Limited number of courts, Archaic rules of court, poor case management Delays in the preparation of appeal records Endemic and substantial case backlog – land cases more than10 years - most from the regions Conflict over land caused by inordinate delays & injunctions and stays of execution Public confidence eroded in court system

INTERVENTIONS 1.High Court restructured into specialized divisions – land division created 2.High court extended to 2 regions – Western and URR 3.Hurricane Judges appointed (Zero backlog initiative) 4.High Court Rules 5.Cadi Court system extended 6.Court Connected ADR 7.Formal ADR 8.Informal/Community approaches

MEASURING THE IMPACT - LGAF level of land related conflict, access to conflict resolution mechanisms (formal & informal) and duration of cases Base line data collected ( ) - courts, district tribunal & ADRS - indicates shift towards ADR % of land cases in relation to civil cases – 27% (high Court), 51% district tribunals, 29% ADRS. Land cases resolved overall – 35% (high court), 25% district tribunals, and 40% ADRS Note: Data does not reflect land cases resolved through community ADR

LESSONS LEARNT & WAY FORWARD Not all reform efforts successful. Outstanding: Automated court reporting Judicial autonomy some issues Systematic data collection & improved data management Legal aid in land cases Interventions widened and extended access to justice for land cases Efficiency improved High court average 8months – 4years, Cadi 4 months, district tribunals less than 30 days; ADRS 30 days (depending on need for expert assistance) specialization, enhanced knowledge of land law, greater consistency in application of legal principles, decisions expedite Land professionals more active Case for more focus on informal mechanisms for dispute resolution

THE END