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Peacemaking

Restorative and traditional practices are being proposed for use in national reconciliation and peacemaking processes.

Looking to the future: Justice and reconciliation in Cambodia
healing the wounds of war
This is a fascinating entry, Kiel. Thank you for it and for the blog of Dara Duong. The great importance of restorative justice is its [...]
McGonigle, Brianne N.. Two for the Price of One: Attempts by the Extraordinary Chambers in the Courts of Cambodia to Combine Retributive and Restorative Justice Principles.
This article illustrates howthe ECCCis struggling to combine successfully two distinct institutional responses to crimes, by being both a criminal tribunal, with its formal rules of procedure and focus on retributive justice, and a quasi-truth and reconciliation commission,with its more flexible approach to participatory rights for victims and focus on reconciliation. The article highlights the advantages and challenges of adopting a ‘two for the price of one’ model within the Cambodian context and uses the experiences of the ECCC to underscore important lessons for future ad hoc and hybrid courts. (author's abstract)
Memory for change
from the discussion paper prepared by Impunity Watch: The present discussion paper serves as a basis for the Asia Exchange Meeting “Memory for Change”, which is being organised by Impunity Watch (IW) in Bangkok, Thailand from 1 until 7 November 2014. The Exchange Meeting seeks to explore with civil society organisations and victims’ groups from Cambodia, Burma/Myanmar, Nepal, Sri Lanka, Indonesia, Timor Leste and Thailand how memorialisation can be used as a complementary or alternative transitional justice process (TJ), and/or as a step towards institutionalised processes of TJ such as trials and truth commissions....
Nixon, Rod and Hohe, Tanja. Reconciling Justice. "Traditional" Law and State Judiciary in East Timor
The authors of this report, Tanja Hohe and Rod Nixon, assert that local legal systems have been of continuing relevance in East Timor throughout and beyond the periods of Portuguese colonial and Indonesia occupation. Imposed state judiciaries have had a limited impact. Moreover, local populations have tended to use state judiciaries, where imposed, in accord with the priorities of their own cultural context and perspective. In the cultural world view of native populations, kinship concepts relate intimately to most aspects of life. Communities tend to be ordered through kinship concepts and systems, with supernatural ancestral powers as controlling and life-giving forces. Hence, conflict resolution and punishment of offenses are part of this “traditional" or customary order of values and rules. Against this background, Hohe and Nixon examine the reconstruction of society following the destruction of the infrastructure and administration of East Timor in the wake of the vote for independence from Indonesia in 1999. During the peacekeeping and state-building operation of the United Nations, reconciling local and state systems and institutions has been extremely difficult. In particular, the authors explore the relationship between local approaches to conflict resolution and state systems of law in the context of rebuilding East Timor’s society.
Nixon, Rod. The Crisis of Governance in New Subsistence States.
The aim of this article is to explore options for public administration in weak states that lack experience of a self-generated state development process. The article commences with a review of the state development process in pre-historic times. Drawing on weak state writings and sociological theory, and with reference to the state development process as it unfolded in Europe, a critical examination of dominant prescriptions for state-building is then undertaken. Based on the sociological information considered, it is proposed that state-building strategies that may be appropriate for societies with experience of state social organisation and the administration of large surpluses, may be inappropriate for societies which have experienced no internally-generated change in the direction of state social organisation. Yet countries characterised by these later kinds of societies, referred to in this article as new subsistence states, by nature possess a range of local administrative mechanisms capable of operating independently from the state in accordance with the principles of "traditional authority." These local administrative mechanisms have no reliance on the centralised accrual and management of large surpluses for their operation. It is argued--with a particular emphasis on the areas of justice and conflict resolution - that sustainable public administration in new subsistence states will be advantaged by the formal recognition and integration of such local capacities. The article considers recent analysis of developments in the Pacific, and draws on research indicating the effectiveness of local justice and conflict mediation systems in East Timor. (excerpt).
Ota, Tatsuya. Introduction: The Development of Victimology and Victim Support in Asia
The review of the historical development of victimology in Asia focuses on the development of victimological studies and the creation of academic societies of victimology. Victimological studies appeared in Asian countries at a relatively early stage of the movement, which began after World War II. Japan saw victimological publications as early as 1958, and they were present in Taiwan in the 1960's. An article on compensation orders was published in India in 1965, and in the late 1970's victimology gradually spread throughout Asia. Victimization surveys have been conducted in Japan and Korea since the 1970's. Victimology in Asia entered a new phase when the Japanese Association of Victimology was founded in 1990 as the first academic society of victimology in Asia. Two years later, two societies of victimology were established in Korea and India. In profiling the current status of victimology and victim services in Asia, this chapter first considers the conventional legal status of victims in Asia. This discussion encompasses the restitution/compensation order, civil action, complaints and compoundable offenses, a victim's complaint as a prerequisite for prosecution ("antragsdelikte"), private prosecution, and victim complaints against prosecutors' dispositions. A section on state compensation in Asia addresses its historical development, its character and scope, and the compensating agency and financial resource. A section on new trends in victim assistance in Asia considers the legal status of victims in criminal proceedings; witness protection and the prevention of revictimization; and the protection of sexual violence victims, child victims, and domestic violence victims. The concluding section of the chapter focuses on the theory and practice of restorative justice in Asia. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Peacemaking in Indonesia
In 1999, Duane Ruth-Heffelbower took a leave of absence from his graduate faculty position at Fresno Pacific University’s Center for Peacemaking and Conflict Studies to accept an invitation to join the faculty of Duta Wacana Christian University (UKDW) in Yogyakarta, Indonesia under an appointment from the Mennonite Central Committee.
Philpott, Daniel. The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice
What unfolds in the following pages, then, is a conversation about how theology and politics are related in the theory and practice of reconciliation, situated in the context of transitional states. What place does reconciliation have in the politics of transition? What are the warrants for it? Four theorists, two theologians and two philosophers draw explicitly from theological perspectives in answering these questions. The answers are fresh angles in today’s debate. Our conversation, though, also recognizes that reconciliation’s credibility as an approach to politics depends not only on a theoretical foundation but also on an account of its place in the tug and haul of actual political transition. Two political scientists and a historian, all sympathetic to the theological perspectives, then chart the path of reconciliation, sometimes torturous, sometimes propitious, in South Africa, Northern Ireland, Argentina, and Germany. The divide between the two sorts of inquiry is not neat. The theorists are cognizant of contemporary political transitions; the empirically oriented scholars are theoretically conscious. Explicating theological warrants, mapping the texture of actual political transitions, echoing debates within these transitions, our conversation addresses a wide variety of interlocutors, both scholarly and generalist, both with and without theological commitments. (excerpt)
Reiger, Caitlin. Hybrid Attempts at Accountability for Serious Crimes in Timor Leste
"This chapter will only briefly consider the history and nature of the human rights violations, leaving most of the historical information to Chapter 7. It will outline the national and international imperatives for transitional justice in Timore Leste, and the sequencing and establishment of the Special Panels for Serious Crimes and the Serious Crimes Unit to investigate and prosecute those violations. The next sections will consider the complementary and conflicting relationships of these institutions with both the CAVR and the Jakarta trials. Finally, the achievements of the Special Panels are evaluated in the light of the assumptions that are increasingly made about hybrid tribunals: that they can provide an international standard of justice at reduced cost and at a faster pace than the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda; that they have the potential for a legacy of a justice process that is relevant to the local community, especially the victims; and finally, that they can help rebuild a sustainable justice system based on the rule of law." (excerpt)
Robins, Simon. Towards victim-centred transitional justice: Understanding the needs of families of the disappeared in postconflict Nepal.
Despite many transitional justice processes claiming to be ‘victim-centred,’ in practice they are rarely driven by the needs of those most affected by conflict. Indeed, in many contexts the views of victims are not sought by those driving the transition. In this article, the needs of a representative sample of 160 families of people disappeared during Nepal’s decade-long Maoist insurgency are studied in an effort to understand what such families seek from the transitional justice process. The study shows that victims emphasize the need for the truth about the disappeared and for economic support to help meet basic needs. Whilst families of the disappeared would welcome justice, this is not their priority. Nepal’s transitional justice process remains still-born and discussions are polarized between a human rights community that prioritizes prosecutions and a political class that seeks to avoid them. An understanding of victims’ expectations of the process can potentially break this deadlock and allow policies to be driven by the needs of those most affected. (author's abstract)
Ruth-Heffelbower, Duane. Indonesia: Restorative Justice for Healing a Divided Society
The modern Restorative Justice (RJ) movement began in North America as an approach to crime, and in New Zealand as an approach to child welfare issues. Both were based on the communal experience familiar to villagers worldwide. Societies which cannot afford to lock up those who violate societal norms have traditionally used restorative methods to return people to productive life in the community. Over the past 20 years or so certain principles of restorative justice have been recognized. These principles have been applied to criminal behavior, child welfare, school discipline, personnel management, and other areas of human interaction. In this paper the author explores the use of these principles for healing a large and deeply divided society, the country of Indonesia. The paper uses theory developed through years of practical application, and examines current efforts to apply the principles to various aspects of Indonesia's crises.
Ruth-Heffelbower, Duane. Restorative Justice or Impunity: The Choice for East Timor
From his experience as Director of Peace Programs for Mennonite Central Committee Indonesia, Duane Ruth-Heffelbower reflects on the aftermath of the conflict involving Indonesia and East Timor. Some have called for an international tribunal to try those accused of crimes against humanity in Indonesia’s frustrated attempt to seize East Timor. Ruth-Heffelbower claims this shows once again the futility of retributive thinking. Examining the history and current state of things between Indonesia and East Timor, he argues that, if the only source of justice is through punishing the perpetrators, there will be no justice in East Timor. The alternative he advocates is the pursuit of reconciliation through restorative justice.
Ryono, Angel. A case study of the role of apology in the Cambodian post-genocide reconciliation process.
This study converged historical and empirical evidence to focus upon two questions: how does apology play a role in Cambodian post-conflict reconciliation process, and what do Cambodians believe should be the terms and contents of an apology for it to be meaningful and effective? A questionnaire, adapted from an Australian study, obtains views from 14 key informants about the role of apology in reconciliation. Reports of public apologies delivered by Khmer Rouge leaders were compared to interview responses. A majority of the participants reported that apology increases in relevance as reconciliation efforts move to address specific communities and consider a meaningful and effective apology as part of a negotiated process. If applied nationally, apologies delivered in a negotiated reconciliation process may help Cambodians to achieve their own reconciliation and healing.(author's abstract)
Siapno, Jacqueline Aquino. Dismantling the master’s house: War and peace in Aceh and East Timor – the limitations of the language we use
In this paper, Jacqueline Siapno looks at conflicts in Aceh and East Timor over independence from Indonesia. Efforts to resolve those conflicts and make peace, according to Siapno, must also address issues of justice in each context. In particular, thinking and making peace require re-imagination of language and space for a new kind of politics. A new kind of politics is required to reckon with the structural roots of war, inequality, and violence in their many forms, including patriarchy, colonizing practices, state terror, misogyny, class conflict, poverty, and racism. Siapno tells the stories of many who have suffered from these injustices and many who have sought to overcome them with new structures of language and politics.
Stahn, Carsten. Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor
In both the distant past and the near past, the population of East Timor has suffered severe human rights violation. Carsten Stahn sketches the history of those violations at the outset of this paper. The most recent episode occurred in the latter quarter of the twentieth century following Indonesiaxe2x80x99s invasion and occupation of East Timor, especially following a 1999 UN-organized referendum on independence from Indonesia. In 2001 the United Nations Transitional Administration in East Timor (UNTAET) established the Commission for Reception, Truth and Reconciliation (CRTR). The aim was to promote national reconciliation and healing. As Stahn explains, the creation of CRTR fit with the increasing use and refinement of such mechanisms for dealing with past injustices and assisting with transitional nation-building. In this context, Stahn examines the general features of the CRTR and the East Timorese justice and reconciliation model.
Toward Transformative Mediation: Restorative justice practice in South Korea
from the article by Jae Young Lee: Growing interest in Restorative Justice has been emerging in Korea among scholars, law practitioners, and civil society groups since as early as the late 1990s. However, its practice was very limited until a recent experimental project from 2006-2008. During those three years, Korean Institute of Criminal Justice (KICJ) and a civil organization called Conflict Resolution Center under Women Making Peace carried out the first formal Restorative Justice project in Korea called Victim-Offender Dialog, particularly designed for juvenile cases. Seoul Metropolitan Police Agency, Seoul Family Court, and Juvenile Protection Institution referred juvenile cases to Conflict Resolution Center to be dealt with a conference where conflicting parties and trained mediators sat together.
von Benda-Beckmann, Keebet. Law, Violence and Peace Making on the Island of Ambon
The island of Ambon is in Molucca province in Indonesia. In January 1999 a fight occurred between a Christian taxi driver and a Muslim youth or youths. While similar fights were not uncommon, they usually cooled down soon. This one did not; rather the fight led to wider conflict. Thus began a long period of intense ethnic-religious fighting and rioting that became a virtual civil war, with much destruction of property and loss of life across Ambon and a set of neighboring islands. Many have attempted to establish peace and a measure of reconciliation. These include religious leaders (both Christian and Moslem), local leaders, influential intellectuals, and high politicians. None have succeeded as of yet. In this context, Keebet von Benda-Beckmann surveys the peace-making process. Admittedly this is speculative, as peace has not been established. Yet von Benda-Beckmann aims in this chapter to contribute to understanding the causes of the conflict and the strengths and challenges of the ongoing peace process in Ambon.

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