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At
the second anniversary of Independence, the Government of Timor-Leste
faces the challenge of addressing the many problems facing the
judiciary and the justice system of this new nation. The resources
included on this website are intended as a resource for policy-makers
interested in ways of strengthening the state capacity for conflict
resolution through utilising the existing capacities of local
justice systems. JSMP wishes to thank all those writers, organisations
and |
donors
who have allowed their documents to be posted on this website.
On May
20th 2002, Timor-Leste became the world’s newest independent
state. With an overwhelmingly subsistence population of around 800,000
and little income, the nation faces significant public administration
challenges. The development of the official legal system is hampered
by lack of capacity, inadequate resources and restricted access
to district centres, particularly during the wet. Even when district
centres can be accessed, only three districts outside the Capital
- Dili - have courts, and these face frequent closure due to staff
and resource shortages.
It is
generally recognised that the state legal system in East Timor does
not have the capacity to address the majority of disputes and social
transgressions that occur throughout the country. Additionally,
the years of Indonesian occupation produced the common perception
that the formal justice system is corrupt, representing a further
barrier to be overcome. While the formal justice system continues
to experience staff and resource shortages and delays, the majority
of the population resort to local (traditional or customary) justice
systems. The strength of these systems is such that they will continue
to underwrite the justice and conflict resolution capacity of the
new nation – at least in the short to medium term. The reality
of the justice situation in Timor-Leste presents an opportunity
for the state to extend its reach through formally recognising the
contribution to social stability made by local justice systems,
and lending these systems extra legitimacy in the process. By directing
a share of the state’s finite resources towards capacity-building
local justice systems in important areas (for example, the rights
of women and relocated people), the state has the potential to harness
existing low-cost conflict-resolution capacity and direct it towards
the realisation of national development objectives.
Existing
literature on local justice systems highlights relative strong-points
in a number of areas, including the following:
¨ Low cost
¨ Accessibility
¨ Speed of resolution
¨ Promotion of reconciliation between parties
¨ Access to a range of mediators and mediation forums
The
literature also highlights a number of areas in which improvements
to local systems may be desirable. These concerns relate to human
rights, natural justice and the consistency of treatment for victims
and perpetrators. Understanding of both the strengths and shortcomings
of local justice systems is necessary to inform the development
of an approach aimed at integrating local justice and conflict resolution
capacity into the state system. |
