Justice and Governance in East Timor

Justice and Governance in East Timor PDF

Author: Rod Nixon

Publisher: Routledge

Published: 2013-06-17

Total Pages: 288

ISBN-13: 1136511725

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Focusing on the case study of Timor Leste, this book presents the New Subsistence State as a conceptual tool for understanding governance challenges in countries characterised by subsistence economic and social relations. It examines the ways in which Timor Leste conforms to the typology of the New Subsistence State, taking into consideration geographic, historical and socio-political aspects. The book defines a New Subsistence State as an overwhelmingly subsistence economy corresponding to little or no historical experience of the generation and administration of large surpluses, with minimal labour specialisation, and the predominance, especially in rural areas, of traditional authority relations. It looks at how these features restrict the capacity of the new state to operate effectively in accordance with the modern state model. The book presents a case for prioritising sustainable approaches to public administration in New Subsistence State contexts. It goes on to examine the historical role of village justice systems, and demonstrates how a community justice and mediation program building on existing capacities could prove an economical means of promoting human rights values and reducing the burden on the national courts. The book presents an interesting contribution to studies on Southeast Asian Politics and Governance.

Networked Governance of Freedom and Tyranny

Networked Governance of Freedom and Tyranny PDF

Author: John Braithwaite

Publisher: ANU E Press

Published: 2012-03-01

Total Pages: 388

ISBN-13: 1921862769

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This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.

Gender and Transitional Justice

Gender and Transitional Justice PDF

Author: Susan Harris Rimmer

Publisher: Routledge

Published: 2010-02-25

Total Pages: 620

ISBN-13: 113527245X

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Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives. This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.

The Dynamics of Transitional Justice

The Dynamics of Transitional Justice PDF

Author: Lia Kent

Publisher: Routledge

Published: 2018-05-04

Total Pages: 249

ISBN-13: 1136303456

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The Dynamics of Transitional Justice draws on the case of East Timor in order to reassess how transitional justice mechanisms actually play out at the local level. Transitional justice mechanisms – including trials and truth commissions – have become firmly entrenched as part of the United Nations ‘tool-kit’ for successful post-conflict recovery. It is now commonly assumed that by establishing individual accountability for human rights violations, and initiating truth-seeking and reconciliation programs, individuals and societies will be assisted to ‘come to terms’ with the violent past and states will make the ‘transition’ to peaceful, stable liberal democracies. Set against the backdrop of East Timor’s referendum and the widespread violence of 1999, this book interrogates the gap between the official claims made for transitional justice and local expectations. Drawing on a wide range of sources, including extensive in-depth interviews with victims/survivors, community leaders and other actors, it produces a nuanced and critical account of the complex interplay between internationally-sponsored trials and truth commissions, national justice agendas and local priorities. The Dynamics of Transitional Justice fills a significant gap in the existing social science literature on transitional justice, and offers new insights for researchers and practitioners alike.

Peacebuilding and Transitional Justice in East Timor

Peacebuilding and Transitional Justice in East Timor PDF

Author: James DeShaw Rae

Publisher: First Forum Press; Lynne Rienner

Published: 2009

Total Pages: 284

ISBN-13:

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"Did the United Nations successfully help to build a just, peaceful state and society in postconflict East Timor? Has transitional justice satisfied local demands for accountability and/or reconciliation? What lessons can be learned from the UN's efforts? Drawing on extensive field work, James DeShaw Rae offers a grassroots perspective on the relationship between peacebuilding and transitional justice. Rae traces the effects of the political violence perpetrated in East Timor during the Indonesian occupation, as well as the UN-authorized intervention and the ultimate formulation of the rebuilding effort. In the process, he explores the results of hybrid (mixed domestic-international) tribunals and the attempt to conduct war crimes tribunals and truth and reconciliation commissions in tandem. Not least, his account of the impact of international actors working with the East Timorese to construct a new nation from the ground up suggests important policy prescriptions for all postconflict societies."--Publisher description.

Genocide and Resistance in Southeast Asia

Genocide and Resistance in Southeast Asia PDF

Author: Ben Kiernan

Publisher: Transaction Publishers

Published: 2011-12-31

Total Pages: 365

ISBN-13: 1412809150

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Two modern cases of genocide and extermination began in Southeast Asia in the same year. Pol Pot's Khmer Rouge regime ruled Cambodia from 1975 to 1979, and Indonesian forces occupied East Timor from 1975 to 1999. This book examines the horrific consequences of Cambodian communist revolution and Indonesian anti-communist counterinsurgency. It also chronicles the two cases of indigenous resistance to genocide and extermination, the international cover-ups that obstructed documentation of these crimes, and efforts to hold the perpetrators legally accountable. The perpetrator regimes inflicted casualties in similar proportions. Each caused the deaths of about one-fifth of the population of the nation. Cambodia's mortality was approximately 1.7 million, and approximately 170,000 perished in East Timor. In both cases, most of the deaths occurred in the five-year period from 1975 to1980. In addition, Cambodia and East Timor not only shared the experience of genocide but also of civil war, international intervention, and UN conflict resolution. U.S. policymakers supported the invading Indonesians in Timor, as well as the indigenous Khmer Rouge in Cambodia. Both regimes exterminated ethnic minorities, including local Chinese, as well as political dissidents. Yet the ideological fuel that ignited each conflagration was quite different. Jakarta pursued anti-communism; the Khmer Rouge were communists. In East Timor the major Indonesian goal was conquest. In Cambodia, the Khmer Rouge's goal was revolution. Maoist ideology influenced Pol Pot's regime, but it also influenced the East Timorese resistance to the Indonesia's occupiers. Genocide and Resistance in Southeast Asia is significant both for its historical documentation and for its contribution to the study of the politics and mechanisms of genocide. It is a fundamental contribution that will be read by historians, human rights activists, and genocide studies specialists.

Networked Governance of Freedom and Tyranny

Networked Governance of Freedom and Tyranny PDF

Author: John Braithwaite

Publisher:

Published: 2012

Total Pages: 365

ISBN-13:

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This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice "feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice. John Braithwaite and Hilary Charlesworth work in the Centre for International Justice and Governance, Regulatory Institutions Network, The Australian National University. Adérito Soares is the Anti-Corruption Commissioner for Timor-Leste.

UN Governance

UN Governance PDF

Author: Brendan M. Howe

Publisher: Springer Nature

Published: 2020-10-01

Total Pages: 156

ISBN-13: 3030545725

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This book evaluates UN performance in ensuring good governance in Cambodia and Timor-Leste from a human-centred standpoint. East Asian perspectives are juxtaposed with universal aspirations, and the legality, legitimacy, and effectiveness of UN operations in the two countries are considered. Each of the case-studies assesses the justifiability of intervening and of actions and policies implemented during the intervention, as well as considers the justifiability of the conditions left after UN withdrawal, while also including specific policy recommendations.

United Nations Justice

United Nations Justice PDF

Author: Calin Trenkov-Wermuth

Publisher: UN

Published: 2010

Total Pages: 250

ISBN-13:

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"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.