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- Anthony Valcke
- Dr. Leopold Von Carlowitz
- Gordon R. Woodman
- Michael Woolcock
- Matt Zurstrassen
- The term ‘customary law’ is often criticised, but it is the one used by Uganda’s Land Act (1998) in extending its legal recognition, and so the one we use here
- for “Lets face up to Land Grabbing”
Brian Tamanaha is the Cardozo Professor of Law at St. John’s University. He is the author of six books and several dozen articles, covering various topics in legal theory, including the rule of law, law and development, law and society, and legal pluralism. J Alexander Their is Director for Afghanistan and Pakistan at the US Institute of Peace, co-chair of the Afghanistan and Pakistan Working Groups, and co-author and editor of the newly released, The Future of Afghanistan (USIP, 2009). He is responsible for all USIP programs in Afghanistan and Pakistan, and directed the Institute’s pioneering work on establishing relations between Afghanistan's state and non-state justice systems. Thier was a member of the Afghanistan Study Group, co-chaired by General James Jones and Ambassador Tom Pickering, and co-author of its final report. He is also a member of the Pakistan Policy Working Group and co-author of its 2008 report, The Next Chapter: The United States and Pakistan. Prior to joining USIP, Thier was the director of the Project on Failed States at Stanford University’s Center on Democracy, Development, and the Rule of Law. From 2002 to 2004, Thier was legal advisor to Afghanistan's Constitutional and Judicial Reform Commissions in Kabul, where he assisted in the development of a new constitution and judicial system. Thier also served as a UN and NGO official in Afghanistan and Pakistan from 1993 to 1996, and has appeared frequently on PBS, NPR, CBS and the BBC and written in the New York Times, The Washington Post and the Los Angeles Times, among others. He has a B.A. from Brown University, a master’s in law and diplomacy from the Fletcher School at Tufts University and a J.D. from Stanford Law School. Anthony Valcke is the Country Director for the American Bar Association Rule of Law Initiative’s office in Liberia, which works to enhance access to justice in Liberia with the support of USAID and the Open Society Institute. Anthony is admitted to practice as a Solicitor in England and Wales. He also holds degrees in French law and EU law. He has worked for over 7 years with international law firms on a variety of commercial law matters, before leaving for Liberia in 2005 to take up a position as legal advisor on a State Department project tasked with reforming the country’s armed forces. Anthony has lived and worked extensively in West Africa, including Ghana, Guinea Bissau, Liberia, Nigeria, Senegal and Sierra Leone. His research interests include African customary law. Dr. Leopold Von Carlowitz presently sets up and coordinates a Rule of Law-training program for UN Judicial Affairs Officers conducted by the German Center for International Peace Operations (ZIF) in close cooperation with UN DPKO. Until recently, he worked for ZIF as Senior Researcher in a research project on local ownership in international peace operations with special focus on justice reform in Kosovo and in Liberia. As Researcher for the Peace Research Institute Frankfurt from 2002-2006, he published a variety of articles relating to post-conflict rule of law and reconciliation. He completed his doctoral dissertation on the progressive development of international property human rights law through the practice of international administrations and in the course of the post-socialist transformation process in Eastern Europe. From 1999-2001, he served as Head of the Property Verification and Claims Unit and as Policy/Legal Adviser for the UN Administration Mission in Kosovo (UNMIK). Gordon R. Woodman is Emeritus Professor of Comparative Law at Birmingham Law School, University of Birmingham, UK. He spent the first 15 years of his career working in Law Faculties in Universities in Ghana and Nigeria, and has been at Birmingham Law School since 1976. He studies and writes about law in Africa, customary laws generally in the modern world, and related issues in legal theory concerning the nature of customary law and the theory of legal pluralism. He has spent periods of research in Papua New Guinea, the USA, Barbados, Tanzania, and Malaysia. He has been a consultant for governments, aid agencies, NGOs and the World Bank, and an expert witness in court proceedings which involve issues of African law. He has been Editor-in-Chief of the Journal of Legal Pluralism and Unofficial Law since 1994. He has edited and contributed to a number of books in these fields, including People's Law and State Law (Foris, 1985, edited with Antony Allot), Indigenous Law and the State (Foris, 1988, edited with Bradford W Morse), and Between Kinship and the State: Social Security and Law in Developing Countries (Foris, 1988, edited with Franz von Benda-Beckmann and others). Michael Woolcock is Professor of Social Science and Development Policy at the Brooks World Poverty Institute, University of Manchester. He is at Manchester on external service leave from the World Bank, where he is Senior Social Scientist in the Development Research Group. He is the one of the founders of the World Bank's global Justice for the Poor program, and has been a member of three World Development Report teams. He has published extensively on the social dimensions of economic development, and is currently working on issues at the intersection of history, law and social theory as they pertain to understanding the dynamics of institutional change. Matt Zurstrassen, a Social Development Specialist with the World Bank, is Team Leader for the Justice for the Poor program in Indonesia. Matthew has over 10 years experience managing justice sector reform programs in the Asia-Pacific region. Most recently, this has included a specific focus on legal empowerment programs, the linkages between formal and non-state justice systems and access to justice in post-conflict settings. He has managed post-conflict related access to justice programs in both Sri Lanka and Aceh. Publications include Women's Access to Justice in Indonesia: Case Studies on how Village Women Access Justice (co-author, in Indonesian), GAM Reintegration Needs Assessment: Enhancing Peace through Community-Level Development Programming (co-author) and Dynamics of Drafting and Implementing Public Service Delivery Local Regulations in Indonesia (co-editor, in Indonesian). Matthew has a Masters in International Law from the University of Sydney and a Bachelor of Laws from Australian National University. 1 Fearon, K The Cow that Ate the Turban, March 2009, Helmand PRT, p10 2 Ibid. pg 8 3 Fearon, K and Griffiths, D A Bridge Between Community and Government, Helmand PRT, November 2009 p16 4 Ibid., p 15 5 Fearon, K Now She Goes to School: The work of the Gereshk Community Council JSC May-Sept 2009 p3 6 Fearon, K Now She Goes to School: The work of the Gereshk Community Council JSC May-Sept 2009 p4 7 Fearon, K, The Work of Garmsir Community Council JSC March-October 2009 p2 8 Fearon, K, The Work of Garmsir Community Council JSC March-October 2009 p3 9 The workshop was held on 7 October 2009 in Juba. The purpose of the workshop was to comment on the customary law strategy submitted by the author of this paper in fulfillment of an assignment of UNDP and the Southern Sudanese Ministry of Legal Affairs and Constitutional Development. 10 During the last civil war in the Sudan (19983-2005) the Sudan Liberation Movement aimed at establishing a free, just and prosperous new Sudan where all Sudanese would be equal irrespective of their sex, race or religion. It therefore referred to the rest of the Sudan outside its control as the Old Sudan of social injustice and oppression. 11Francis M.Deng’s “Customary Law in the Modern World” Routledge, p.149. 12 Sudan Notes and Records, 1932. 13 Section 7 of the Chiefs Courts Ordinance,1931 14 (1966) Sudan Law Journal Reports, 53 15 Article 5 of ICSS, 2005. 16 Take the towns (2006):29. 17 The term ‘customary law’ is often criticised, but it is the one used by Uganda’s Land Act (1998) in extending its legal recognition, and so the one we use here 18 From a great deal of field research we have documented in detail how ‘strength’ works in land disputes and the fault lines on each system that allow land grabbers to move from one forum to another at will. See www.land-in-uganda.org for “Lets face up to Land Grabbing” 19 “falling between two stools” in a book on women’s land rights published by James Currey publishers 20 Agreement on Accountability and Reconciliation Between the Government of the Republic of Uganda and the Lord’s Resistance Army/Movement, Juba, Sudan, 2007. 21 Chapter 13, Laws of Uganda, 2000 (revised edition). 22 Section 15, Judicature Act (Cap. 13). 23 Clause 3. 24 Clause 19. Annexure to the Agreement on Accountability and Reconciliation, 2008. 25 Statute of the International Criminal Court, adopted 17th July 1998. 26 Boutros Boutros-Ghali,’An Agenda for Democratization’, United Nations, New York, 1996, para 46, 115. 27 T. Hohe, ‘Justice without Judiciary in East Timor,’ In: Conflict, Security and Development 3.3., December 2003. 28 For critical assessments see R. Paris and T. D. Sisk, ‘Managing Contradictions. The Inherent Dilemmas of Postwar Statebuilding,’ International Peace Academy, 2007, p.3-6; Hannah Reich, “Local Ownership” in Conflict Transformation Processes. Partnership, Participation or Patronage?’ Berghof Occasional Paper 27, September 2006. 29 J. Chopra and T. Hohe, ‘Participatory Intervention,’ In: Global Governance 10, 2004. 30 SG Report ‘The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies,’ 2004; SG Report, 31 See, for example, OECD, ‘Enhancing Security and Justice Service Delivery. Governance, Peace and Security,’ 2007. DFID, ‘Non-State Justice and Security Systems,’ Briefing, May 2004. Kirsti Samuels, ‘Rule of Law Reform in Post-Conflict Countries. Operational Initiatives and Lessons Learnt,’ World Bank, Social Development Papers, Conflict Prevention and Reconstruction, Paper no. 36, October 2006; 32 For one of the earlier initiatives, see for example, DFID, ‘Non-State Justice and Security Systems,’ Briefing, May 2004; T. Dexter and P. Ntahombaye, ‘The Role of Informal Justice Systems in Fostering the Rule of Law in Post-Conflict Situations. The Case of Burundi,’ Center for Humantarian Dialgogue, July 2005. 33 See, for example, T. Kelly, ‘Access to Justice. The Palestinian Legal System and the Fragmentation of Coercive Power,’ Working Paper no. 41, London School of Economics, Crisis States Programme, March 2004. 34 A. Harrington and T. Chopra, ‘Arguing Traditions: Denying Kenya’s Women Access to Land Rights,’ forthcoming 2009. 35 Ditto. 36 See, for example, in the case of Sierra Leone, The World Bank, ‘Gender, Justice and Truth Commissions,’ June, 2006, p.21. 37 It does not only challenge women’s access to rights, but also the fact that if women do not feel that they have received ‘justice’, peace in society at large may be challenged. 38 L. Huyse and M. Salter (eds), ‘Traditional Justice and Reconciliation after Violent Conflict. Learning from African Experiences’, International IDEA, Stockholm, 2008, p.183-184. 39 B. Ayuko and T. Chopra,’The Illusion of Inclusion. Women’s Access to Rights in Northern Kenya,’ Justice for the Poor / Legal Resource Foundation, Nairobi, December 2008. 40 See for example, CLEP (2008) “Making the Law work for Everyone.” Volume 1. Report of the Commission on Legal Empowerment of the Poor, New York. 41 With due apologies to Abhijeet Banerjee; see Banerjee, A. V. 2005. “Growth Theory Through the Lens of Development Economics” MIT. 42 Aldashev (2009) notes the coarse measures of legal institutions they use and cautions us against reading too much into this result. 43 See Carothers, Golub and the Commission on Legal Empowerment of the Poor. 44 The Indonesia example draws from the recently launched publication of the Justice for the Poor program, Forging the Middle Ground: Engaging Non-State Justice in Indonesia. A 5-province 18 month study, this research drew on 34 ethnographic case studies, including from 2 post-conflict provinces, and a 12,000 respondent quantitative survey on conflict and justice. The study is now being backed up by a program of activities working with the Supreme Court of Indonesia, local NGOs and government agencies and community leaders in two provinces. 45 Connolly, B. (2005) ‘Non-State Justice Systems and the State: Proposals for a Recognition Typology’, 38 Connecticut Law Review 239. 46 Donna Lee Van Cott (2006) ‘Dispensing Justice at the Margins of Formality: The Informal Rule of Law in Latin America’ in Gretchen Helmke & Steven Levitsky Informal Institutions and Democracy: Lessons from Latin America, Baltimore: Johns Hopkins University Press. 47 Jaap Timmer (2009) Being Seen Like the State: Resemblances of Legal Culture in Customary Labour and Land Tenure Arrangements in East Kalimantan, Indonesia, unpublished mimeo. 48 For more on the Barangay Justice System, see Gerry Roxas Foundation (2000), Report on the Efficacy of the Katarungang Pambarangay Justice System in the National Capital Region, Manila: Gerry Roxas Foundation; Gerry Roxas Foundation (2000), The Panay and Guimaras Experience in Barangay Justice. Manila: Gerry Roxas Foundation; GC Sosmena Jr. (1996), ‘Barangay Justice: a Delegalisation Mechanism’ 20 Hiroshima Law Journal 404; & G. Sidney Silliman (1985), ‘A Political Analysis of the Philippines Katarungang Pambarangay System of Informal Justice Through Mediation’ 19 Law & Society Review 279. 49 On Papua New Guinea see Sinclair Dinnen (2001) ‘Building Bridges – Law and Justice Reform in Papua New Guinea’ State, Society & Governance in Melanesia Project Working Paper 01/3; Canberra: Australian National University. 50 Biswas, Zahidul Islam, ‘The Village Court: A neglected but potential justice forum’, in Law and Our Rights Section, The Daily Star, Bangladesh, Issue No. 79, August 1, 2008. 51 Stephen Golub (2003) Non-State Justice in Bangladesh and the Philippines, paper prepared for DfID. 52 For a discussion of the concept of legal pluralism see Griffiths 1986; Tamanaha 2000 and Benda-Beckmann et al. 2009. 53 Legal pluralism as a principle of the justice system differs from a situation in which the state recognises selected non-state, customary or informal justice providers, which has occurred for a long time, including colonial rule. 54 On the recognition of legal pluralism in Human Rights declarations, General Comments and Covenants, especially relating to indigenous people and minorities, see ICHRP (2009: 27-31). 55 Here the concept of state centralism refers to the ideologically informed claim that there is or should be only one law and legal system for a political organisation, in this case state law and its legal institutions (see Tamanaha 2000). 56 After independence in 1975, chiefs and traditional healers were officially banned by the Frelimo government. With regard to chiefs, this marked a clear break from colonial indirect rule, which relied on chiefs. However, in practice many chiefs continued to perform significant roles in justice enforcement and policing. Some also aided the rebel movement Renamo during the war (see more in Kyed 2007). 57 It is important to note that the recognition of traditional authority is based on a decree and not a law, which means that it was not approved by parliament, but by the Council of Ministers. This reflects, I suggest, how the Frelimo government aimed to decide on its own the terms of such recognition. 58 In 1998 associations of traditional healers were also officially recognized. It bears noting that because official law denies the existence of sorcery, recognition of the authority and scope of action of healers only extends to traditional medical treatment of illnesses, and not to any role of healers in conflict resolution. 59 This patchwork of non-state institutions has since 2005 been expanded with the introduction of community policing forms, whose agents also engage in conflict resolution and act, unofficially, as judges (on this theme see Kyed forthcoming). 60 The example is based on extensive fieldwork in 2002, 2004 and 2005, and updated field-visits in 2007 and 2009. For a more detailed discussion of the process of state recognition of chiefs see Kyed and Buur 2006; Kyed 2007. 61 For a discussion of tradition not as a fixed, but a mutable set of rules and practices see Buur and Kyed (2007). 62 2004-5 formal court case settlement figures for Sussundenga shows that only 13 % of the criminal cases and 3 % of the civil cases were handled by the formal courts. 63 These figures are based on fieldwork conducted in Sussundenga District (see Kyed 2007). Directory: sites -> default -> files files -> Answer True False 2 points Question 2 files -> Northern England’s set-jetting locations files -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program files -> Occupational health and safety files -> The Black Panther Party’s Ten Point Program files -> International programs roel profile files -> Fermi Questions a guide for Teachers, Students, and Event Supervisors Lloyd Abrams, Ph. D. 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