Focusing on the case study of Timor Leste, this book presents the New Subsistence State as a conceptual tool for understanding governance challenges in countries characterised by subsistence economic and social relations. It examines the ways in which Timor Leste conforms to the typology of the New Subsistence State, taking into consideration geographic, historical and socio-political aspects. The book defines a New Subsistence State as an overwhelmingly subsistence economy corresponding to little or no historical experience of the generation and administration of large surpluses, with minimal labour specialisation, and the predominance, especially in rural areas, of traditional authority relations. It looks at how these features restrict the capacity of the new state to operate effectively in accordance with the modern state model. The book presents a case for prioritising sustainable approaches to public administration in New Subsistence State contexts. It goes on to examine the historical role of village justice systems, and demonstrates how a community justice and mediation program building on existing capacities could prove an economical means of promoting human rights values and reducing the burden on the national courts. The book presents an interesting contribution to studies on Southeast Asian Politics and Governance.

Reconceiving Civil Society and Transitional Justice examines the role of civil society in transitional justice, exploring the forms of civil society that are enabled or disabled by transitional justice processes and the forms of transitional justice activity that are enabled and disabled by civil society actors. Although civil society organisations play an integral role in the pursuit of transitional justice in conflict-affected societies, the literature lacks a comprehensive conceptualisation of the diversity and complexity of these roles. This reflects the degree to which dominant approaches to transitional justice focus on liberal-legal justice strategies and international human rights norms. In this context, civil society organisations are perceived as intermediaries who are thought to advocate for and support formal, liberal transitional justice processes. The contributions to this volume demonstrate that the reality is more complicated; civil society can – and does – play important roles in enabling formal transitional justice processes, but it can also disrupt them. Informed by detailed fieldwork across Asia and the Pacific Islands, the contributions demonstrate that neither transitional justice or civil society should be treated as taken-for-granted concepts. Demonstrating that neither transitional justice or civil society should be treated as taken-for-granted concepts, Reconceiving Civil Society and Transitional Justice will be of great interest to scholars of Security Studies, Asian Studies, Peacebuilding, Asia Pacific, Human Rights, Reconciliation and the Politics of Memory. The chapters were originally published as a special issue of Global Change, Peace & Security.

Since the end of the Cold War, considerable scholarly debates have been devoted to the nature and scope of international state-building interventions in ‘fragile’, post-colonial states and their effectiveness in instituting democratic rule. By examining the construction of political institutions in East Timor, this book highlights the relationship between the social and political realms during these processes. Focusing on the roles of East Timorese leaders and civil society organisations during the independence movement, it analyses the effectiveness of democracy building in East Timor. It examines the processes of drafting the new constitution, establishing key political institutions (such as the electoral system), and articulating a new vision of citizenship and social justice. The book argues that East Timor offers a relatively successful case of democratic transition, enabled by a consistent set of goals and aspirations, grassroots political legitimacy and participation, and the development of a democratic civil nation. Offering a coherent argument for why democracy has been successful in East Timor and the roles of political leaders and civil society during democratic transition, this book will be of interest to those studying Southeast Asian Politics, International Politics, and Democracy.

Across many parts of the postcolonial world, it is everyday reality for people to cross regularly between state-based and customary governance, institutions and norms. This book examines this phenomenon in the context of the villages of Timor-Leste, and the state-building efforts that have been conducted by the Timorese government and international development agencies since the vote for independence in 1999. Drawing on 5 years of ethnographic fieldwork in the remote, rural areas of Timor-Leste, the book provides a critical analysis of the challenges that communities face when navigating coexisting customary and state-based structures and norms in a context where customary law continues to be the central guiding force. It also explores the various creative ways in which local leaders and community members make sense of their local governance environment. It then draws on these insights to provide a more nuanced, contextualised account of the impact of institutional interventions, state-building and democratisation within these villages. While set in the context of state- and nation-building efforts following Timor-Leste’s vote for independence, the book also provides a broader examination of the issues that arise for the postcolonial state adequately meeting the needs of its citizens. Further, it explores the challenges that are met by communities when incorporating state influences and demands into their everyday lives. Expanding the scope of empirical Timor-Leste scholarship by moving beyond anthropological description and providing the first detailed political analysis of local-level governance in contemporary Timorese communities, this book is a valuable contribution to studies on Asian Politics, Governance and International Studies.

This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.

This book explores the role of actors in determining transitional justice in peacebuilding contexts. In recent decades, transitional justice mechanisms and processes have been introduced to a variety of settings, becoming widely regarded as essential elements in the ‘peacebuilding toolbox’. While it has increasingly been suggested that transitional justice is imposed by neo-imperial actors with little regard for the needs and cultures of local populations, evidence suggests that dismissing these policies as neo-imperial or neo-liberal impositions would result in grossly overlooking their dynamics, which involve a whole range of relevant actors operating at multiple levels. This book interrogates this theme through empirical analysis of three sites of peacebuilding that have seen extensive international involvement: Kosovo, East Timor and Afghanistan. It proposes a novel framework for analysing and approaching transitional justice in peacebuilding that disaggregates three broad sets of actors operating at different levels in relevant processes: external actors (international and regional levels), transitional justice promoters (local, national, international and transnational levels), and transitional regimes (national and local levels). The book argues that transitional justice in peacebuilding must be conceived of as actor-contingent and malleable due to the significance of agency and (inter)actions of key categories of actors throughout peacebuilding transition. This book will be of interest to students and practitioners of transitional justice, peacebuilding, law, and International Relations.

This book argues that fragmented, divided societies that aren't immediately compatible with centralised statehood can best adjust by emphasising the role of constitution making.

"Did the United Nations successfully help to build a just, peaceful state and society in postconflict East Timor? Has transitional justice satisfied local demands for accountability and/or reconciliation? What lessons can be learned from the UN's efforts? Drawing on extensive field work, James DeShaw Rae offers a grassroots perspective on the relationship between peacebuilding and transitional justice. Rae traces the effects of the political violence perpetrated in East Timor during the Indonesian occupation, as well as the UN-authorized intervention and the ultimate formulation of the rebuilding effort. In the process, he explores the results of hybrid (mixed domestic-international) tribunals and the attempt to conduct war crimes tribunals and truth and reconciliation commissions in tandem. Not least, his account of the impact of international actors working with the East Timorese to construct a new nation from the ground up suggests important policy prescriptions for all postconflict societies."--Publisher description.

What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals.Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice"—the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history. That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects.

This book presents a wide-ranging overview of the position of women in Timor-Leste, 15 years after the country secured its independence. It considers the role of women in Timor-Leste’s history, explores their role in the present day economy and politics, and discusses their contribution to culture and society. The contested meaning of gender itself is investigated in the contemporary culture of this new society. It applies a wide range of different feminist theories and approaches, and concludes with a discussion of what new directions gender studies in Timor-Leste might take.