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CONFERENCE PACKET Customary Justice and LEGAL PLURALISM in POST CONFERENCE PACKET Customary Justice and LEGAL PLURALISM IN POST- CONFLICT AND FRAGILE SOCIETIES HOSTED BY: UNITED STATES INSTITUTE OF PEACE GEORGE WASHINGTON UNIVERSITY WORLD BANK The George Washington University, Elliott School of International Affairs 1957 E Street, NW Washington, DC 20052 November 17-18, 2009 USIP, GWU & WORLD BANK CONFERENCE AGENDA Conference on Customary Law Washington, DC November 17-18, 2009 USIP, GWU & WORLD BANK CONFERENCE AGENDA TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................................. 3 CONFERENCE HOSTS .............................................................................................................................. 5 CONFERENCE AGENDA .......................................................................................................................... 8 CONFERENCE PAPERS ...........................................................................................................................13 SESSION I: RE-THINKING LEGAL PLURALISM AND THE RULE OF LAW IN POST-CONFLICT AND FRAGILE COUNTRIES ................................................................................................................................................13 Re-thinking Legal Pluralism and the Rule of Law in Post-Conflict and Fragile Countries By Deborah Isser ......................................................................................................................................................13 Human Rights, Legal Pluralism and Conflict: Challenges and Possibilities—Some Reflections ........19 By Vijay Kumar Nagaraj .....................................................................................................................19 SESSION II: AFGHANISTAN CASE STUDY: GRAPPLING WITH LEGAL PLURALISM – SELECT COUNTRIES AND PROGRAMS & PROJECTS ....................................................................................................................26 Grappling with Legal Pluralism in Afghanistan By Kate Fearon........................................................26 The Current Informal Justice System in Afghanistan By Abdul Qader Adalat Khwa ..........................32 SESSION II: SOUTHERN SUDAN CASE STUDY: GRAPPLING WITH LEGAL PLURALISM – SELECT COUNTRIES AND PROGRAMS & PROJECTS .................................................................................................36 Legal Pluralism in Southern Sudan By Kuyang Harriet Logo .............................................................36 RULE OF LAW Reform WITHOUT Cultural Imperialism? Reinforcing Customary Justice Through Collateral Review In SOUTHERN SUDAN By David Pimentel ..........................................................41 “to acknowledge and incorporate the role of traditional authorities and customary law in the local government system.” Observations about local government in Southern Sudan By Manfred O Hinz 47 Customary Justice and Legal Pluralism in Post-Conflict Southern Sudan By Hon. Deng Biong Mijak .............................................................................................................................................................53 SESSION II: LIBERIA CASE STUDY: GRAPPLING WITH LEGAL PLURALISM – SELECT COUNTRIES AND PROGRAMS & PROJECTS ............................................................................................................................58 LOOKING FOR JUSTICE: Liberian experiences with and perceptions of local justice options By Stephen Lubkemann and Deborah Isser ..............................................................................................58 GRAPPLING WITH LEGAL PLURALISM: THE LIBERIAN EXPERIENCE By Philip A. Z. Banks, III .............................................................................................................................................................65 SESSION II: NORTHERN UGANDA CASE STUDY: GRAPPLING WITH LEGAL PLURALISM – SELECT COUNTRIES AND PROGRAMS & PROJECTS .................................................................................................72 Overview of Customary Justice and Legal Pluralism in Uganda By Sarah Callaghan .......................72 How can we turn legal anarchy into harmonious pluralism? Why integration is the key to legal pluralism in Northern Uganda. By Judy Adoko and Simon Levine .....................................................80 Customary Justice and Legal Pluralism in Northern Uganda By Frank Nigel Othembi .....................88 NRC Discussion Paper, Northern Uganda By Isaac Robinson ...........................................................92 SESSION II: SIERRA LEONE CASE STUDY: GRAPPLING WITH LEGAL PLURALISM – SELECT COUNTRIES AND PROGRAMS & PROJECTS ....................................................................................................................98 Secret societies and security sector reform in Sierra Leone By Peter Albrecht ...................................98 HUMAN RIGHTS PROMOTION IN POST CONFLICT SIERRA LEONE: COMING TO GRIPS WITH PLURALITY IN CUSTOMARY JUSTICE By Giselle Corradi ................................................104 SESSION IV: PUTTING THEORY INTO PRACTICE: PROGRAMMING WITH RESPECT TO LEGAL PLURALISM PANEL 1: DEVELOPING THE KNOWLEDGE BASE FOR POLICY..................................................................112 Women’s Rights and Legal Pluralism in Post Conflict Societies .......................................................112 An Analytical Agenda By Tanja Chopra ............................................................................................112 Customary Justice and Legal Pluralism in Post-Conflict and Fragile Societies By Varun Gauri.....118 Customary Justice And Legal Pluralism Through The Lens Of Development Economics By Bilal Siddiqi ................................................................................................................................................121 SESSION IV: PUTTING THEORY INTO PRACTICE: PROGRAMMING WITH RESPECT TO LEGAL PLURALISM PANEL 2: „IMPROVING‟ CUSTOMARY JUSTICE OR PERPETUATING „ONEROUS PRACTICES‟ .....................133 The ascertainment of customary law: What is it and what is it for? By Manfred O Hinz ..................133 Putting Theory into Practice - Improving Customary Justice ...........................................................138 Customary Justice and Legal Pluralism Conference By Tiernan Mennen ........................................138 Conference on Customary Law Washington, DC November 17-18, 2009 USIP, GWU & WORLD BANK CONFERENCE AGENDA SESSION IV: PUTTING THEORY INTO PRACTICE: PROGRAMMING WITH RESPECT TO LEGAL PLURALISM PANEL 3: SEEKING COHERENCE IN THE OVERALL JUSTICE SYSTEM: LINKING STATE AND CUSTOMARY MECHANISMS AND CREATING HYBRID INSTITUTIONS .............................................................................143 Typologies, Risks and Benefits of Interaction Between State and Non-State Justice Systems By Matt Stephens .............................................................................................................................................143 On the Politics of Legal Pluralism: the case of post-war Mozambique By Helene Maria Kyed .......155 Hybrid Policing in Sub-Saharan Africa By Bruce Baker ...................................................................167 CONFERENCE ORGANIZERS .............................................................................................................174 CONFERENCE PARTICIPANTS ..........................................................................................................176 Conference on Customary Law Washington, DC November 17-18, 2009 USIP, GWU & WORLD BANK CONFERENCE AGENDA CONFERENCE HOSTS UNITED STATES INSTITUTE OF PEACE, RULE OF LAW CENTER OF INNOVATION Peacebuilding: A Global Imperative It is essential that the United States, working with the international community, play an active part in preventing, managing, and resolving conflicts. Fragile states, ethnic and religious strife, extremism, competition for scarce resources and the proliferation of weapons of mass destruction all pose significant challenges to peace. The resulting suffering and destabilization of societies make effective forms of managing conflict imperative. The United States Institute of Peace (USIP) is dedicated to meeting this imperative in new and innovative ways. USIP’s Mission and Goals The United States Institute of Peace is an independent, nonpartisan, national institution established and funded by Congress. Its goals are to help: Prevent and resolve violent international conflicts Promote post-conflict stability and development Increase conflict management capacity, tools, and intellectual capital worldwide The Institute does this by empowering others with knowledge, skills, and resources, as well as by directly engaging in peacebuilding efforts around the globe. USIP’s Rule of Law Center of Innovation The Rule of Law Center of Innovation conducts research, identifies best practices, conducts training and develops new tools for policymakers and practitioners working to promote the rule of law. The program is based on the premise that adherence to the rule of law entails far more than the mechanical application of laws and establishment of formal institutions. The center takes on an active role in shaping the field and in advancing the rule of law in fragile and post-conflict societies. For more information about the Rule of Law Program, contact us at [email protected]
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