Conference packet



Download 0.83 Mb.
Page1/14
Date20.10.2016
Size0.83 Mb.
  1   2   3   4   5   6   7   8   9   ...   14



CONFERENCE PACKET



Customary Justice and Legal Pluralism in Post-Conflict and Fragile Societies
Hosted by:
United States Institute of Peace

George Washington University

World Bank

The George Washington University,

Elliott School of International Affairs

1957 E Street, NW

Washington, DC 20052
November 17-18, 2009



Table of Contents


Table of Contents 3

Conference Hosts 5

Conference Agenda 8

Conference Papers 14

SESSION I: Re-thinking Legal Pluralism and the Rule of Law in Post-Conflict and Fragile Countries 14



Re-thinking Legal Pluralism and the Rule of Law in Post-Conflict and Fragile Countries
By Deborah Isser 14


Human Rights, Legal Pluralism and Conflict: Challenges and Possibilities—Some Reflections 20

By Vijay Kumar Nagaraj 20

SESSION II: Afghanistan Case Study: Grappling with Legal Pluralism – Select Countries and Programs & Projects 27



Grappling with Legal Pluralism in Afghanistan
By Kate Fearon 27


The Current Informal Justice System in Afghanistan
By Abdul Qader Adalat Khwa 33

SESSION II: Southern Sudan Case Study: Grappling with Legal Pluralism – Select Countries and Programs & Projects 37



Legal Pluralism in Southern Sudan
By Kuyang Harriet Logo 37


RULE OF LAW Reform WITHOUT Cultural Imperialism? Reinforcing Customary Justice Through Collateral Review In SOUTHERN SUDAN
By David Pimentel 42

to acknowledge and incorporate the role of traditional authorities and customary law in the local government system.” Observations about local government in Southern Sudan


By Manfred O Hinz 48


Customary Justice and Legal Pluralism in Post-Conflict Southern Sudan
By Hon. Deng Biong Mijak 54

SESSION II: Liberia Case Study: Grappling with Legal Pluralism – Select Countries and Programs & Projects 59



LOOKING FOR JUSTICE: Liberian experiences with and perceptions of local justice options
By Stephen Lubkemann and Deborah Isser 59


GRAPPLING WITH LEGAL PLURALISM: THE LIBERIAN EXPERIENCE
By Philip A. Z. Banks, III 66

SESSION II: Northern Uganda Case Study: Grappling with Legal Pluralism – Select Countries and Programs & Projects 73



Overview of Customary Justice and Legal Pluralism in Uganda
By Sarah Callaghan 73


How can we turn legal anarchy into harmonious pluralism?
Why integration is the key to legal pluralism in Northern Uganda.
By Judy Adoko and Simon Levine 81


Customary Justice and Legal Pluralism in Northern Uganda
By Frank Nigel Othembi 89


NRC Discussion Paper, Northern Uganda
By Isaac Robinson 93

SESSION II: Sierra Leone Case Study: Grappling with Legal Pluralism – Select Countries and Programs & Projects 99



Secret societies and security sector reform in Sierra Leone
By Peter Albrecht 99


HUMAN RIGHTS PROMOTION IN POST CONFLICT SIERRA LEONE: COMING TO GRIPS WITH PLURALITY IN CUSTOMARY JUSTICE
By Giselle Corradi 105

SESSION IV: Putting Theory into Practice: Programming with Respect to Legal Pluralism


Panel 1: Developing the Knowledge Base for Policy 113

Women’s Rights and Legal Pluralism in Post Conflict Societies 113

An Analytical Agenda
By Tanja Chopra 113


Customary Justice and Legal Pluralism in Post-Conflict and Fragile Societies
By Varun Gauri 119


Customary Justice And Legal Pluralism Through The Lens Of Development Economics
By Bilal Siddiqi 122

SESSION IV: Putting Theory into Practice: Programming with Respect to Legal Pluralism


Panel 2: ‘Improving’ Customary Justice or Perpetuating ‘Onerous Practices’ 134

The ascertainment of customary law: What is it and what is it for?
By Manfred O Hinz 134


Putting Theory into Practice - Improving Customary Justice 139

Customary Justice and Legal Pluralism Conference
By Tiernan Mennen 139

SESSION IV: Putting Theory into Practice: Programming with Respect to Legal Pluralism


Panel 3: Seeking Coherence in the Overall Justice System: Linking State and Customary Mechanisms and Creating Hybrid Institutions 145

Typologies, Risks and Benefits of Interaction
Between State and Non-State Justice Systems
By Matt Stephens 145


On the Politics of Legal Pluralism: the case of post-war Mozambique
By Helene Maria Kyed 158


Hybrid Policing in Sub-Saharan Africa
By Bruce Baker 169


Conference Organizers 176

Conference Participants 178

Conference Hosts



United States Institute of Peace

Rule of Law Center of Innovation
Peacebuilding: A Global Imperative

It is essential that the United States, working with the international community, play an active part in preventing, managing, and resolving conflicts. Fragile states, ethnic and religious strife, extremism, competition for scarce resources and the proliferation of weapons of mass destruction all pose significant challenges to peace. The resulting suffering and destabilization of societies make effective forms of managing conflict imperative. The United States Institute of Peace (USIP) is dedicated to meeting this imperative in new and innovative ways.


USIP’s Mission and Goals

The United States Institute of Peace is an independent, nonpartisan, national institution established and funded by Congress. Its goals are to help:




  • Prevent and resolve violent international conflicts

  • Promote post-conflict stability and development

  • Increase conflict management capacity, tools, and intellectual capital worldwide

The Institute does this by empowering others with knowledge, skills, and resources, as well as by directly engaging in peacebuilding efforts around the globe.


USIP’s Rule of Law Center of Innovation

The Rule of Law Center of Innovation conducts research, identifies best practices, conducts training and develops new tools for policymakers and practitioners working to promote the rule of law. The program is based on the premise that adherence to the rule of law entails far more than the mechanical application of laws and establishment of formal institutions. The center takes on an active role in shaping the field and in advancing the rule of law in fragile and post-conflict societies.


For more information about the Rule of Law Program, contact us at rol-info@usip.org or (202) 457-1700. For further information on the United States Institute of Peace, please contact the Office of Public Affairs and Communications by e-mail at info@usip.org, by phone at (202) 457-1700 or visit the Institute’s Web site at www.usip.org.

The George Washington University,
African Center for Health and Human Security


&
Culture in Global Affairs Program

African Center for Health and Human Security

The George Washington University Africa Center for Health and Human Security was formed under the direction of Provost and Vice President for Health Affairs John "Skip" Williams in November 2004 to explore forward-looking and innovative ways to enhance capacity, improve dialogue, provide information and resources, and assist in attaining solutions that better the life of Africans. The Center provides a forum for experts from a range of disciplines to discuss such issues as health and environment (disease, geographic information systems, remote sensing, urbanization, nutrition, water, sanitation); security (conflict resolution, governance, poverty, terrorism, violence); and education and infrastructure (information technology, capacity building, water, sanitation). These issues are evaluated within the multi-dimensional context that includes environmental realities and the rapidly changing situations of Africans. The Center distinguishes itself from other academic and advocacy groups by integrating diverse academic, research and policy agendas that drive programmatic action in Africa.


Culture in Global Affairs Program

Culture in Global Affairs (CIGA), a research and policy program in George Washington University's Elliott School of International Affairs, seeks to promote knowledge about global and local cultures and their policy relevance. CIGA sponsors an annual seminar series and supports a blog, anthropologyworks.com.



The World Bank,

Justice for the Poor Program
What is Justice for the Poor?

Effective justice systems are crucial for good governance and sustainable development. Justice systems play a key role in shaping the distribution of rights, responsibilities and power; they underpin the provision of public services, mediate conflict, and facilitate institutional change. However, there is limited understanding of how equitable justice systems emerge, and thus how they can be promoted. Justice for the Poor (J4P) is an attempt by the World Bank and its counterparts to establish a context-specific evidence base on which to grapple with the theory and practice of building more equitable justice systems, especially at the local level and in settings where non-state justice systems often prevail.


How Does Justice for the Poor Operate?

J4P recognises that law, justice and pluralist legal orders are issues that cut across all aspects of development; thus the program focuses on integrating such considerations into broader reform processes. Three key methods are used: (a) Research, Analysis and Dialogue, in which intensive field-based research identifies the nature of existing justice mechanisms, and possible entry points for reform; (b) Experimentation through context specific operational pilots; and (c) Scaling Up and Mainstreaming, by expanding successful pilots and incorporating lessons from both research and pilots into broader sectoral (e.g. land, service delivery) and governance programs. In addition, all J4P country teams seek to build local research and analytical capacity.


Why Does Justice for the Poor Operate this Way?

Attempts by development organizations to ‘build the rule of law’ have a long but often difficult history. This stems in large part from theoretical assumptions and organizational imperatives encouraging the replication of ‘successful’ institutions from one (usually western) country in others. Legal reform is thus frequently treated as a largely technical problem. J4P draws on the skills of lawyers, but is also deeply informed by insights from legal anthropology, social theory and political history, which offer a different intellectual basis for characterizing the problem and thus the responses to it. From this perspective, legitimate, effective local justice institutions emerge iteratively, as much through locally embedded processes of contestation, as through the adoption of institutional or legal ‘blueprints’.


What are Some Concrete Examples of Justice for the Poor in Action?

In Indonesia, J4P is working to ensure that disputes arising out of national community driven development programs have adequate avenues of redress, while also working with NGOs to provide basic legal services to marginalised groups. In Cambodia, J4P teams are supporting efforts to build land and labour rights. In Kenya, J4P works in arid settings to sustain the rights and livelihoods of minority groups. In Sierra Leone, the program focuses on community rights and entitlements in mining areas as well as more generally at the question of supporting local governance efforts in the context of legal pluralism. J4P has recently expanded into Timor-Leste, Vanuatu, Papua New Guinea and Solomon Islands.



For more information please visit www.worldbank.org/justiceforthepoor or contact j4p@worldbank.org


Download 0.83 Mb.

Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   14




The database is protected by copyright ©ininet.org 2020
send message

    Main page