World Courts of Justice

Image: Vimochana.

Mainstream approaches to justice have tended to follow combative, adversarial mechanisms that pit one side against the other in a show of legal strength. Most other approaches to justice are pushed to the peripheries, under the umbrella term “alternative.” This has led, on the face of it, to the victory of those whose legal skills can push a case into a favourable outcome by wordsmithing technicalities. Going deeper, these forms of justice have never been easily accessible to those who most need justice. Everything from costs and language are barriers, and procedure cares little for the emotional and psychosocial needs of those relying on it. True justice is never necessarily done in these processes as there is precious little attention to healing and repair, and to the very systems that produced an enabling environment for the original harm to occur.

Recognizing these gaps, the World Courts of Women were established as a series of public hearings that offer a forum to all those who are traditionally excluded from formal political and legal proceedings. The courts are organized around particular topics relevant to the country in which it is hosted, and women come together at these courts to speak about the injustices they face. These spaces are open for women to share their personal experiences, analytical views, skills, and strategies, as part of their testimonies. The courts serve as a space to record injustices and human rights violations, to offer voice to marginalized women, and to develop alternative visions and paths for the future.

The journey

The World Courts of Women were inspired and promoted by an activist leader, Corinne Kumar, in El Taller International, a Tunis-based NGO and human rights advocacy group. During the sessions, jurors listen actively to the women who share their stories, views, and truths, and reflect at the end on all they heard, while looking to the future. Testimonies include verbally rendered speeches, dance, poetry, short films, and music. Testimonies are shared anonymously, pseudonymously, and with names – all based on each person’s preference.

The first World Court of Women, called the “Asia Court on Violence against Women” was held in Lahore, in Pakistan. It was organized by the Asian Women’s Human Rights Council in the Asia Pacific region. This inspired similar courts in Arab countries in 1995, different parts of Africa, and Central America.  The first World Court of Women, called the “Asia Court on Violence against Women” was held in Lahore, in Pakistan. It was organized by the Asian Women’s Human Rights Council in the Asia Pacific region. This inspired similar courts in Arab countries in 1995, different parts of Africa, and Central America. A Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery was held in December 2000, to gather testimony from victims and to advocate for trials of groups and individuals accused of sexual violence and slavery during World War II. The World Court of Women against War, for Peace, was held in 2001, in Cape Town, South Africa, to bear witness to genocide happening world over.  In response to the COVID-19 pandemic, a Court was held to highlight the struggles of vulnerable populations while emphasizing the need for justice centred on healing.

Making an impact

The World Courts of Women present a counter-hegemonic history that calls for the dismantling of centralizing logic by centring voices from the margins. The courts are not officially designated or considered on par with the judicial apparatus at the sub-national, national, regional, or global level. However, they remain powerful sites for change as they point out the failure of the security system in responding to women’s needs and challenges, undermine patriarchal systems and institutions, and hold systems accountable to do better. They also expose the inadequacy of bureaucracy and institutional apparatuses that pursue carceral justice and value systems, and in the process, challenge traditional notions of power and its use to the detriment of the most vulnerable. They facilitate ways to shift out of patriarchal approaches to justice, and seek to redefine and relocate power. It strives to advocate for a broader, wider, and wholesome discourse that centres women’s knowledge, decolonizes structures, and prioritizes transformative justice with a key focus on redress, reparations, truth, and reconciliation.

References

 

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