Hybridising Justice: State-Customary Interactions over Forest Crime and Punishment in Oecusse, East Timor

Yoder, Laura S. Meitzner

doi:10.1080/14442210601161732

Cited by 33 publications

(15 citation statements)

References 15 publications

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“…: 14), ‘diverse and competing authority structures, sets of rules, logics of order, and claims to power [that] co‐exist, overlap, interact, and intertwine’ (2009: 17). This led to the emergence of concepts such as hybrid justice (Meitzner Yoder ), hybrid political orders (Boege et al . ), hybrid peace governance (Jarstad and Belloni ) and hybrid peace (Mac Ginty ), which open up new options for conflict prevention and peacebuilding.…”

Section: Hybrid Peacementioning

confidence: 99%

Peacebuilding and conceptualisations of the local

Bräuchler

Naucke

2017

Soc Anthropol

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The frequent failure of international peace missions and the ‘crisis of the liberal peace’ led to the promotion of a local or cultural turn in peace research and work that focuses on the role and meaning of culture, local actors and a mostly unspecified ‘local’ for peacebuilding processes. This pushes peace and conflict studies to engage with the subject area of anthropological research, which poses a challenge for disciplines such as political and legal sciences. In contrast to the critiques of the critique of the liberal peace, which seem to have led to a circular debate, this special section aims to take the debate to the next step. It does so through anthropologically informed methodological and conceptual advancements that the local turn is asking for and by providing a better understanding of how the local can become an important reference point in peace and conflict studies without essentialising it. Based on ethnographic fieldwork, the contributions to this special section highlight the importance of ethnographic research and anthropological framing in analysing the ambivalence of the local in peacebuilding and the contributions anthropology can make to the interdisciplinary field of conflict and peace studies.

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Section: Hybrid Peacementioning

confidence: 99%

Peacebuilding and conceptualisations of the local

Bräuchler

Naucke

2017

Soc Anthropol

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“…As part of the Indonesian modernization project in East Timor, customary leaders described being systematically and overtly ‘replaced’ by large numbers of civil servants. Upon Timor‐Leste's independence in 1999, a dearth of civil servants (with overnight staff reductions from hundreds to single digits at the district level in agriculture) combined with a nationalistic restoration agenda to undo actions and processes of the Indonesian era (Meitzner Yoder, ). This led the nascent government in some districts to formally reinstate the previously displaced customary authorities, even vesting them with powers to make decisions about land.…”

Section: Violence and Mass Displacementmentioning

confidence: 99%

A Long Time Gone: Post‐conflict Rural Property Restitution under Customary Law

Joireman¹,

Yoder²

2016

Development and Change

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Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence-induced displacement, unlike voluntary migration, challenges both customary and public legaladministrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article seeks to make three contributions: 1) to note the diversity of return processes after long displacements in terms of timing and demographics; 2) to demonstrate that the nature of the claims people can make on customary tenure systems is at odds with international legal norms on property restitution after displacement; and 3) to introduce a set of observations and questions on how conflict can change customary law. The article is based on fieldwork conducted in Uganda, Liberia and Timor-Leste, all countries with extended displacement where most of the rural land is held via customary claims.

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“…Renewed calls for lulik lands to become a substantive part of forest conservation went largely unheeded (McWilliam ). What did emerge, however, was a related form of resource management situated between the nascent state and rural communities who retained a high level of respect for traditions closely identified with the lulik complex (Meitzner‐Yoder ; Palmer and Carvalho ). In particular, international development agencies and national NGOs enthusiastically revived an apparently long‐standing and important tradition of community regulation known as tara bandu, which promised to constrain shifting agriculture, forest burnings and deforestation (Shepherd ).…”

Section: Hijacked Lulikmentioning

confidence: 99%

“…Pinto Correia's otherwise exhaustive treatment of Timorese rituals contains no mention of tara bandu (). To our knowledge, there is nothing in Anglo‐American or European anthropology on the subject (Friedberg , ; Meitzner‐Yoder ). Only Metzner makes a brief reference to something that we can recognise as tara with a prohibition attached to it (i.e.…”

Section: Hijacked Lulikmentioning

confidence: 99%

Lulik encounters and cultural frictions in East Timor: Past and present

McWilliam

Palmer

Shepherd

2014

Australian J of Anthropology

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In the East Timorese lingua franca, Tetun, the word lulik is often simply translated as ‘sacred’ or ‘forbidden’. But the concept has much wider application as a set of fundamental, philosophical and moral orientations in Timorese social life. In this paper we present six historical and contemporary encounters with lulik, by a range of outsiders from beyond the Timorese tradition. Placed in the context of Sahlin's notion of ‘the structure of the conjuncture’, they illustrate the way lulik agency adapts to novel or contingent events in culturally inflected ways, and how ideas of lulik may be configured as agents of resistance as well as enabling strategies.

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Hybridising Justice: State-Customary Interactions over Forest Crime and Punishment in Oecusse, East Timor

Cited by 33 publications

References 15 publications

Peacebuilding and conceptualisations of the local

Peacebuilding and conceptualisations of the local

A Long Time Gone: Post‐conflict Rural Property Restitution under Customary Law

Lulik encounters and cultural frictions in East Timor: Past and present

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