Academic Resources (2 Matches)
Source: Lars Waldorf, Temple Law Review 79, no. 1 This paper provides a critical assessment of the gacaca courts in post-genocide Rwanda, arguing that the gacaca courts in particular and traditional, local justice mechanisms in general, are ill-equipped to address serious post-war crimes. With regard to the Rwandan case, the paper argues that gacaca has failed to reveal the truth as Hutus and Tutsis subscribe to different historical narratives concerning what occurred during the genocide and the motivations and reasons behind these events. By not instituting a reparations program, gacaca has also had limited success satisfying the needs of victims and fostering social reconciliation. The paper concludes by suggesting that local justice mechanisms may nevertheless play a valuable role by focusing on minor civil matters, their traditional domain.
Source: Joanna R. Quinn, paper prepared for presentation on the panel, “Transitional Justice: Local and International Dimensions,” at the Canadian Political Science Association Annual Meeting, 2 June 2005This paper focuses on the societal processes of reconciliation that constitute central aspects of post-conflict peacebuilding. In particular, it focuses on “acknowledgement” as a means by which individuals and societies may come to terms with, emotionally respond to, and actively remember and discuss the past. The paper concludes that traditional and informal justice mechanisms are well suited for fostering this type of acknowledgement and for contributing to the restoration of social trust and communal reconciliation.
Source: http://alertanet.org/ The ALERTANET portal website, in collaboration with The International Institute on Law and Society (IILS) and the Latin American network on Law and Society, presents information on a variety of topics including multiculturalism, indigenous peoples, legal pluralism, justice, penal control, alternative dispute resolution, human rights, gender, democracy, and critical theories of law and state. It provides updates on new bills and judicial decisions in Latin America and has numerous online forums and pages on issues relating to Latin American justice systems.
Source: http://www.peace-justice-conference.info/ This is the website of the international conference that brought together some 450 global representatives of governments, international organizations, academia and civil society to discuss issues of conflict management, reconciliation and reconstruction. They explored key issues such as the impact of the International Criminal Court and other justice mechanisms on conflict dynamics, to what extent amnesties are acceptable, the importance of truth-seeking and social justice, the role of peace negotiators and the linkage between local and international approaches, and the importance of building rule-of-law structures. The website features all the papers presented during the conference, as well as transcriptions of conference speeches, photos, and the text of "The Nuremberg Declaration on Peace and Justice."
Source: http://www.cwis.org/index.phpCWIS is a research and education organization that seeks to provide access to indigenous peoples’ knowledge and ideas, promote conflict resolution based on mutual consent, and protect the rights of indigenous peoples. The website provides access to scholarly resources and research programs focusing on indigenous studies, as well as links to news pages, a media center, and online publications.
Policy Analysis and Practitioner Documents (View All 7 Matches)
Source: Luc Huyse and Mark Salter, eds., International Institute for Democracy and Electoral Assistance (IDEA)This book (entirely accessible online) represents the most comprehensive treatment to date of traditional justice in post-conflict societies. Intended for practitioners and policymakers, the book is a compilation of case studies that examine the role of traditional justice mechanisms in post-conflict African societies (Burundi, Mozambique, Rwanda, Sierra Leone, and Uganda). After a comparative analysis of the strengths and weaknesses of various traditional justice mechanisms, the book concludes that traditional justice systems are partially legitimate and effective in post-conflict contexts. Cautioning against overly optimistic expectations of traditional justice, it calls for greater engagement by international and national actors and presents a series of policy recommendations.
Source: Miranda Forsyth, working paper, University of South PacificThis paper presents a method of using the doctrine of legal pluralism as a tool for engaging in practical law reform in legally pluralist jurisdictions. The theory of legal pluralism has traditionally been used primarily by scholars to produce descriptive, non-comparative work. This paper demonstrates that it may also be used to answer fundamental normative questions about the relationships of legal systems in a particular jurisdiction, resulting in practical law reform. Using examples drawn from a doctoral study conducted in Vanuatu, it sets out a new process by which any jurisdiction may maximize the chances that the various legal systems that co-exist within it will operate in ways that support and enrich each other. The paper concludes that successful implementation of this process requires continual empirical research using a participatory method, public debates and participation, and a pluralist or grassroots methodology.
Source: Ewa Wojkowska, United Nations Development Programme (UNDP) – Oslo Governance CentreThis report is a useful introduction to the subject of informal justice systems. After defining key terms, the report argues that engaging with informal justice systems is important because they increase access to justice in situations where the formal justice system is severely weakened. The report also examines the strengths and weakness of informal justice systems and summarizes the different linkages between formal and informal justice systems. Finally, the report concludes by offering recommendations for ways to engage with informal justice systems.
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