In recent years REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) or, more recently, REDDplus, has been confirmed as a critical component of current global attempts to mitigate the anthropogenic... more
In recent years REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) or, more recently, REDDplus, has been confirmed as a critical component of current global attempts to mitigate the anthropogenic effects of carbon emission and to combat climate change. However, Indigenous peoples around the world have been voicing concerns over how the emerging legal and policy schemes relating to REDD recognise and affect their rights to customary forest domains. As the largest contributor to global carbon emissions through deforestation, Indonesia is a prime candidate for REDD schemes. This article places the emerging global and national REDD framework in the context of historical legal treatment of forests in Indonesia, and argues that it continues the pattern of exclusion for Indigenous peoples. The article maps the legal landscape in relation to Indonesia's forests from the colonial era to the climate change-related REDD regulations promulgated in 20...
Research Interests:
Following civil war, (re)establishing operational, legitimate and accessible justice systems for resolving disputes is touted as critical for sustainable peace. Rule of law programmes carried out by actors such as United Nations agencies... more
Following civil war, (re)establishing operational, legitimate and accessible justice systems for resolving disputes is touted as critical for sustainable peace. Rule of law programmes carried out by actors such as United Nations agencies and non-governmental organisations have gained spectacular traction internationally as a favoured solution. However, it is becoming increasingly evident that the dominant, orthodox approach to rule of law programming, which focuses on top-down, technical, state-centred interventions, has produced poor results. The overall aim of this study is to provide new empirical and theoretical knowledge of how rule of law programmes can strengthen access to justice for local populations in the wake of war. Recognising the empirical realities of legal pluralism and the relative accessibility of customary justice systems in many countries emerging from civil war today, this study focuses on rule of law programmes that take an alternate ‘justice from below’ approach and engage with customary justice systems. While often preferred by local populations, customary justice systems can pose challenges for equal access to justice and also tend to be inaccessible to outsiders, who generally lack the legitimacy to effectively engage with them. This is accentuated by the heightened state of flux and fragility in post-conflict societies. In an effort to address this dilemma, the central research question of this thesis is: How do rule of law programmes that engage with customary justice systems affect access to justice in post-conflict societies? To answer this question and the repeated calls for interdisciplinary research in this field, this study takes an empirically-based approach, drawing on the social sciences as well as legal scholarship. Qualitative methods are used to examine a single case study: the PEACE Foundation Melanesia (PFM) dispute resolution training programme carried out in post-conflict Bougainville. A thematic analysis of 84 interviews conducted in Bougainville reveals three central themes, each of which poses significant challenges for access to justice in post-conflict Bougainville: customary decision-making, post-conflict insecurity, and gender-based violence. The field research findings of this study suggest that by strategically tailoring the PFM programme to the dynamic transitional context in Bougainville – including post-conflict politics and high levels of insecurity – the PFM programme was perceived by local participants as legitimate and resonating with local justice theories. This in turn helped enable to programme to challenge some inequalities related to procedural justice by empowering wider participation and increased disputant voice in dispute resolution processes. It was also able to facilitate several processes of change that incrementally strengthened access to justice such as attitudes to gender roles in Bougainville, the use of restorative processes rather than violent retaliation, and contesting how cases of gender-based violence are dealt with. The study also found that there were key limits to the extent PFM’s efforts strengthened access to justice, for example in cases of power asymmetries between disputants. This study is one of very few to empirically examine a rule of law programme that engages with customary justice systems in post-conflict societies and takes a ‘justice from below’ approach. By showing how and to what extent the PFM programme affected access to justice in post-conflict Bougainville, this study contributes original knowledge to the field of rule of law programming. Through deepening understanding of how programmes that engage with customary justice systems affect access to justice, the findings of this research shed light on how rule of law programmes can be designed to better respond to the needs of local populations in the wake of war
Research Interests:
Research Interests:
ABSTRACT This study explores faith-based mediation in armed conflict, that is, diplomatic initiatives taken by explicitly religious organisations in order to settle or manage armed conflicts through some process of dialogue with the... more
ABSTRACT This study explores faith-based mediation in armed conflict, that is, diplomatic initiatives taken by explicitly religious organisations in order to settle or manage armed conflicts through some process of dialogue with the warring parties. Whereas previous research on religious peacemaking in general, and on faith-based mediation in particular, have been dominated by case analysis, anecdotal evidence and conceptual work, this study presents the first global cross-country dataset on faith-based mediations in armed conflicts. In this descriptive analysis, we map the empirical landscape of faith-based mediation in armed conflicts around the world, during the time period 1989–2008. Utilising and developing a typology from Cynthia Sampson [‘Religion and Peacebuilding’ in I.W. Zartman and L.J. Rasmussen (eds) Peacemaking in International Conflict (Washington, DC: United States Institute of Peace Press, 2002)], this study generates three major findings, (1) faith-based mediation primarily occurs in situations where religion is not part of the conflict itself; (2) the organisation of faith-based mediation are significantly different in the Christian and the Islamic contexts; and (3) there is decrease in frequency of faith-based mediation over the studied time period, which could indicate a trend of decreasing international peacemaking engagement from the faith-based communities. Our descriptive analysis opens up new avenues for future empirical work on the occurrence, dynamics and effects of faith-based mediation.
Research Interests:
Research Interests:
During the conflict with the Islamic State group (IS), six million Iraqi citizens were forced to flee their homes. Since the end of the conflict, more than four million have returned home, while 1.7 million people still live in... more
During the conflict with the Islamic State group (IS), six million Iraqi citizens were forced to flee their homes. Since the end of the conflict, more than four million have returned home, while 1.7 million people still live in displacement. These families struggle to access basic services and face often insurmountable roadblocks to either returning home or rebuilding a life elsewhere. Many, whether still in displacement or returned home, are unable to enjoy their rights as Iraqi citizens and fully engage in the recovery and reconstruction of post-conflict Iraq.
A foundational reason for this is they do not have proof of their legal identity. Some people lost their documents as they fled their homes; others had them confiscated by various parties to the conflict; and yet others were issued IS documentation, which is of no value now. These paperless people, as a result of lacking critical state-issued civil documents, such as birth certificates, marriage certificates, nationality cards and civil IDs, find themselves denied human rights, barred from a range of public services and excluded from recovery and reconstruction efforts.
Local and international humanitarian agencies like the Norwegian Refugee Council (NRC), the Danish Refugee Council (DRC) and the International Rescue Committee (IRC) have collectively helped tens of thousands of Iraqis over the last few years obtain, renew, or replace civil documents lost as a result of the most recent crisis. However, an estimated 80,000 families across the country still have family i members missing at least one civil document. The number of children missing documents is likely much higher. At least 45,000 displaced children living in camps alone are estimated to be missing birth certificates. Without these essential civil papers, they are at risk of statelessness and find it incredibly difficult to access services such as education and healthcare.
This report, based on research conducted by NRC in partnership with DRC and IRC, through the Cash Consortium for Iraq (CCI) shows how a significant portion of Iraqi families living in urban areas formerly under IS control are being denied basic services because they are paperless.
A foundational reason for this is they do not have proof of their legal identity. Some people lost their documents as they fled their homes; others had them confiscated by various parties to the conflict; and yet others were issued IS documentation, which is of no value now. These paperless people, as a result of lacking critical state-issued civil documents, such as birth certificates, marriage certificates, nationality cards and civil IDs, find themselves denied human rights, barred from a range of public services and excluded from recovery and reconstruction efforts.
Local and international humanitarian agencies like the Norwegian Refugee Council (NRC), the Danish Refugee Council (DRC) and the International Rescue Committee (IRC) have collectively helped tens of thousands of Iraqis over the last few years obtain, renew, or replace civil documents lost as a result of the most recent crisis. However, an estimated 80,000 families across the country still have family i members missing at least one civil document. The number of children missing documents is likely much higher. At least 45,000 displaced children living in camps alone are estimated to be missing birth certificates. Without these essential civil papers, they are at risk of statelessness and find it incredibly difficult to access services such as education and healthcare.
This report, based on research conducted by NRC in partnership with DRC and IRC, through the Cash Consortium for Iraq (CCI) shows how a significant portion of Iraqi families living in urban areas formerly under IS control are being denied basic services because they are paperless.
Research Interests:
Understanding justice systems that developed over millennia before the advent of the state and still operate today is critical to strengthening women’s access to justice. Recognition of the important role of such ‘non-state justice... more
Understanding justice systems that developed over millennia before the advent of the
state and still operate today is critical to strengthening women’s access to justice.
Recognition of the important role of such ‘non-state justice systems’ and their complex
linkages with other justice systems has grown in recent times, to the extent that it has
been posited as “perhaps the most significant trend in justice reform efforts in the last
decade.”1 Despite this, there remains a dearth of research on the topic in the West Asia –
North Africa (WANA) region, including Jordan.
state and still operate today is critical to strengthening women’s access to justice.
Recognition of the important role of such ‘non-state justice systems’ and their complex
linkages with other justice systems has grown in recent times, to the extent that it has
been posited as “perhaps the most significant trend in justice reform efforts in the last
decade.”1 Despite this, there remains a dearth of research on the topic in the West Asia –
North Africa (WANA) region, including Jordan.
Research Interests:
In many developing countries, including conflict-affected societies, customary systems significantly govern the degree to which women and other marginalized groups are included and their human rights protected. However, despite the... more
In many developing countries, including conflict-affected societies, customary systems significantly govern the degree to which women and other marginalized groups are included and their human rights protected. However, despite the primacy of these systems for many people, the dominant trend over the past several decades of the international development community – particularly law and governance sectors – has been to invest almost exclusively in formal, state institutions. This approach has often yielded unimpressive results. This paper argues that engagement with customary systems must be considered as part of the solution and that decisions as to the entry–point and type of engagement should be context-specific as well as informed by sound empirical analysis. It also provides such an empirical basis, drawing on the author’s original research of a NGO intervention in post-conflict Bougainville, Papua New Guinea along with recent evaluative research on engagement with customary systems in diverse contexts.
Research Interests:
During the period of civil conflict in Bougainville (1989-1998), the formal justice system was essentially inoperative, leaving the population with few tools to manage conflicts and stem escalating violence. Since the new Bougainville... more
During the period of civil conflict
in Bougainville (1989-1998), the
formal justice system was essentially
inoperative, leaving the population
with few tools to manage conflicts
and stem escalating violence. Since
the new Bougainville Constitution
and Autonomous Government was
created in 2005, central authorities
have been slowly building their capacity
and legitimacy, but continue to rely
heavily on civil society and customary
institutions to maintain peace, order,
and security.
In Melanesia, gender-based violence
and prejudices against women
are severe and widespread. Some
customary norms tolerate it. For
example, in most Melanesian
communities, violence against women
is not seen as a serious issue worthy
of community-level adjudication. Rape
is conceptualized more in terms of
damage to a woman’s reputation,
potential marriage prospects and dowry
implications than as a criminal act
or a violation of basic human rights.
Where customary systems are open
to dealing with such complaints, there
are few opportunities for women to
participate in the hearing or resolution
of their grievance, and the penalties are
normally mild and unduly exonerate
perpetrators.
Despite the challenges faced by
women in accessing justice through
the customary fora, research in
Melanesia has shown that women
largely support localized systems, even
if they feel that some aspects should
change to become fairer to them. For
these women, empowerment does not
require a rejection of custom, but a reexamination
of norms and processes so
that they support, rather than victimize
women. While this is the preferred
solution, challenges arise in devising
a methodology that is appropriate to
serve this objective.
in Bougainville (1989-1998), the
formal justice system was essentially
inoperative, leaving the population
with few tools to manage conflicts
and stem escalating violence. Since
the new Bougainville Constitution
and Autonomous Government was
created in 2005, central authorities
have been slowly building their capacity
and legitimacy, but continue to rely
heavily on civil society and customary
institutions to maintain peace, order,
and security.
In Melanesia, gender-based violence
and prejudices against women
are severe and widespread. Some
customary norms tolerate it. For
example, in most Melanesian
communities, violence against women
is not seen as a serious issue worthy
of community-level adjudication. Rape
is conceptualized more in terms of
damage to a woman’s reputation,
potential marriage prospects and dowry
implications than as a criminal act
or a violation of basic human rights.
Where customary systems are open
to dealing with such complaints, there
are few opportunities for women to
participate in the hearing or resolution
of their grievance, and the penalties are
normally mild and unduly exonerate
perpetrators.
Despite the challenges faced by
women in accessing justice through
the customary fora, research in
Melanesia has shown that women
largely support localized systems, even
if they feel that some aspects should
change to become fairer to them. For
these women, empowerment does not
require a rejection of custom, but a reexamination
of norms and processes so
that they support, rather than victimize
women. While this is the preferred
solution, challenges arise in devising
a methodology that is appropriate to
serve this objective.
Research Interests:
Since 1994, the Papua New Guinean non-governmental organization, People and Community Empowerment Foundation Melanesia, has delivered dispute resolution training aimed at strengthening customary justice systems in Bougainville. Research... more
Since 1994, the Papua New Guinean non-governmental organization, People and Community Empowerment Foundation Melanesia, has delivered dispute resolution training aimed at strengthening customary justice systems in Bougainville. Research was conducted in 2010 to assess whether and to what extent such training has been successful in enhancing the legal empowerment
of marginalized groups such as women. The research focused on six access to justice indicators: participation and satisfaction in dispute resolution; protection of legal rights; mitigation of power
asymmetries; operation of neutrality and bias in decision-making; balance of individual and community rights; and the influence of women in dispute resolution decision-making. The research
found that the training increased the participation and satisfaction of both men and women users of the dispute resolution system. However, by neglecting to address issues of substantive legal rights and power asymmetries, the intervention failed to enhance legal empowerment to the extent it might otherwise have done. Further, while the intervention improved the justice experience of
women disputants in almost every area, it had a neutral effect on the satisfaction gap between men and women. The intervention was most successful where it transferred dispute resolution skills to women and created opportunities for them to become mediators. This enabled them to engage more effectively in internal dialogue processes and challenge the interpretation and application of discriminatory customary norms.
of marginalized groups such as women. The research focused on six access to justice indicators: participation and satisfaction in dispute resolution; protection of legal rights; mitigation of power
asymmetries; operation of neutrality and bias in decision-making; balance of individual and community rights; and the influence of women in dispute resolution decision-making. The research
found that the training increased the participation and satisfaction of both men and women users of the dispute resolution system. However, by neglecting to address issues of substantive legal rights and power asymmetries, the intervention failed to enhance legal empowerment to the extent it might otherwise have done. Further, while the intervention improved the justice experience of
women disputants in almost every area, it had a neutral effect on the satisfaction gap between men and women. The intervention was most successful where it transferred dispute resolution skills to women and created opportunities for them to become mediators. This enabled them to engage more effectively in internal dialogue processes and challenge the interpretation and application of discriminatory customary norms.
Research Interests:
In the Copenhagen Accord, drafted in December 2009 at the United Nations Framework Convention on Climate Change Conference of the Parties No. 15, a scheme known as REDD (Reducing Emissions from Deforestation in Developing Countries)... more
In the Copenhagen Accord, drafted in December 2009 at the United Nations Framework Convention on Climate Change Conference of the Parties No. 15, a scheme known as REDD (Reducing Emissions from Deforestation in Developing Countries) emerged as a critical component. Responsible for almost a third of global carbon emissions from deforestation and forest degradation, Indonesia is a prime candidate for implementation of the REDD scheme.
Indonesia, in May 2009, was the first country to enact national REDD regulations and throughout 2008-2009 it has been targeted by the World Bank’s REDD scheme , the UN REDD programme , voluntary carbon credit investment , and several REDD programmes from other states. This global scheme has highlighted longstanding issues relating to Indigenous peoples’ customary rights to forests the world over. This article examines some of the ways various actors, from global institutions to local actors, are dealing (or not, as the case may be) with this issue. It particularly contributes to the nascent literature on global legal pluralism and grassroots perspectives on law and globalisation, by examining the contemporary struggle of Indigenous peoples in Indonesia for recognition of their customary forest rights within the emerging legal frameworks for REDD.
Indonesia, in May 2009, was the first country to enact national REDD regulations and throughout 2008-2009 it has been targeted by the World Bank’s REDD scheme , the UN REDD programme , voluntary carbon credit investment , and several REDD programmes from other states. This global scheme has highlighted longstanding issues relating to Indigenous peoples’ customary rights to forests the world over. This article examines some of the ways various actors, from global institutions to local actors, are dealing (or not, as the case may be) with this issue. It particularly contributes to the nascent literature on global legal pluralism and grassroots perspectives on law and globalisation, by examining the contemporary struggle of Indigenous peoples in Indonesia for recognition of their customary forest rights within the emerging legal frameworks for REDD.
Research Interests:
Official endorsement by the New Zealand Government of the UNDRIP in April 2010 was significant to the ongoing Crown-Māori relationship. Māori will compel continued Crown engagement with the UNDRIP and its legitimacy and authority will... more
Official endorsement by the New Zealand Government of the UNDRIP in April 2010 was significant to the ongoing Crown-Māori relationship. Māori will compel continued Crown engagement with the UNDRIP and its legitimacy and authority will increase, in New Zealand and overseas. Its legacy is set to endure far beyond those who first championed it.
Research Interests:
In recent years REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) or, more recently, REDDplus, has been confirmed as a critical component of current global attempts to mitigate the anthropogenic... more
In recent years REDD (Reducing Emissions from Deforestation and
Forest Degradation in Developing Countries) or, more recently, REDDplus, has been confirmed as a critical component of current global attempts to mitigate the anthropogenic effects of carbon emission and to combat climate change. However, Indigenous peoples around the world have been voicing concerns over how the emerging legal and policy schemes relating to REDD recognise and affect their rights to customary forest domains. As the largest contributor to global carbon emissions through deforestation, Indonesia is a prime candidate for REDD schemes.
This article places the emerging global and national REDD framework in the context of historical legal treatment of forests in Indonesia, and argues that it continues the pattern of exclusion for Indigenous peoples. The article maps the legal landscape in relation to Indonesia’s forests from the colonial era to the climate change-related REDD regulations promulgated in 2009. In doing so, it traces two ideologies of colonial provenance — commercialism and conservationism — evident in the law relating to forests in Indonesia.
Forest Degradation in Developing Countries) or, more recently, REDDplus, has been confirmed as a critical component of current global attempts to mitigate the anthropogenic effects of carbon emission and to combat climate change. However, Indigenous peoples around the world have been voicing concerns over how the emerging legal and policy schemes relating to REDD recognise and affect their rights to customary forest domains. As the largest contributor to global carbon emissions through deforestation, Indonesia is a prime candidate for REDD schemes.
This article places the emerging global and national REDD framework in the context of historical legal treatment of forests in Indonesia, and argues that it continues the pattern of exclusion for Indigenous peoples. The article maps the legal landscape in relation to Indonesia’s forests from the colonial era to the climate change-related REDD regulations promulgated in 2009. In doing so, it traces two ideologies of colonial provenance — commercialism and conservationism — evident in the law relating to forests in Indonesia.
Research Interests:
The emerging global and national policy and legal framework for REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) has elicited concern from Indigenous peoples, particularly in relation to how... more
The emerging global and national policy and legal framework for REDD (Reducing Emissions from Deforestation and Forest Degradation in Developing Countries) has elicited concern from Indigenous peoples, particularly in relation to how their customary forest and land rights are affected and recognised. Tracing legislation and policy relating to customary land and forest rights in Indonesia shows a pattern of exclusion for Indigenous peoples. As current negotiations stand, the emerging REDD policy and legal framework promises to write yet another story in the overall narrative of exclusion of Indigenous peoples from Indonesia’s forests.