« Previous Story | Next Story »

June 19, 2005

The Role of Non-state Justice Systems in Fostering the Rule of Law in Post-Conflict Societies

Afghanistan, Bougainville, Liberia, Mozambique, Somalia, Sudan, Yemen … these states all share recent histories of turmoil and a current climate of political uncertainty. They are also, along with Burundi, East Timor, Guatemala, and Sierra Leone, case studies for a Fletcher School-based, long-term project on the role of non-state justice systems in fostering the rule of law in post-conflict societies.

On May 25th and 26th, 28 lawyers, anthropologists, scholars, and students gathered at The Fletcher School to discuss the capacity of state legal systems and non-state justice systems to resolve civil conflict and criminal matters in each of the aforementioned eleven countries, as well as the potential for harmonization and coordination between the two systems. Examples of non-state judicial systems include tribal mediators, community judges, and bartering. These systems, although not always sanctioned by the official government, are in many cases more authoritative and organized than formal courts, for example, and they often take some of the burden off the formal systems.

Louis Aucoin, Institute for Human Security Associate Research Professor at Fletcher and former Program Officer in the Rule of Law Program at the United States Institute for Peace (USIP), hosted the team of experts and mediated semantic debates on the significance of Western legal terms in the context of these cases. Fletcher students Iris Pilika (MALD ’06), Susanna Campbell (PhD candidate), Rahul Chandran (MALD ’06), and Josephine Lukoma (MALD ‘05) have supported the project this past year through research, writing, and participating in the roundtable discussions in May.

The project, over two years in the making, is being conducted through a partnership between USIP and The Fletcher School, with additional collaboration from Geneva’s Center for Humanitarian Dialogue. The goal is to provide guidance to policymakers across the globe on the role of non-state justice systems in fostering rule of law in post-conflict countries, focused on resolving civil conflict and criminal matters in a fair and consistent manner.

Issues explored in the May roundtable elaborated on formal papers written by each of the participants on country-specific cases. Regarding the East Timor case, Legal Advisor to the Norwegian Center for Human Rights Christian Ranheim asked: “Is there something about the social embeddedness of those who administer social justice that should be investigated in the context of their ability to administer justice?” As participants explored answers, cross-case comparisons and debates on terms like “codification” entered the discussion.

Participants, brought together for two unique days to pool data and perspectives, often became entrenched in philosophical and ethical questions, as well as in discussions on the real difference between theory and practice. Their deliberations, after years of research and days of dialogue, revealed that the rule of law in post-conflict societies is still elusive, often raising more questions than answers.

Article by Claire Topal, MALD '05

Posted by jessica at June 19, 2005 02:17 PM