1
Air Force Office of Scientific Research (AFOSR) Asian Office of Aerospace Research and Development (AOARD) University of Queensland
Rebuilding institutional legitimacy in post-conflict societies: An Asia pacific case study – Phase 1A.1
AFOSR/AOARD (Award number FA2386-08-1-4094) Kylie Fisk2 Dr Adrian Cherney3 Associate Professor Matthew Hornsey4 Dr Andrew Smith5
1 This project was supported through a financial award provided by AFOSR/AOARD - award number FA2386-08-1-4094. The opinions express in this report are those of the authors. 2 Research assistant – School of Psychology, University of Queensland, St Lucia, Brisbane. 3 School of Social Science, University of Queensland, St Lucia, Brisbane (author for correspondence [email protected]). 4 Faculty of Social & Behavioural Science: Associate Dean (Research), University of Queensland, St Lucia, Brisbane. 5 Senior Research Officer, The Institute for Social Science Research, The University of Queensland, and Chief Scientist, Leximancer, http://www.leximancer.com; ([email protected]).
2
Contents Executive Summary ...... 3 Acronyms ...... 7 Chapter One: Background and Aims ...... 8 Theoretical Background ...... 8 Aims of Phase 1A ...... 12 Chapter Two: Methodology ...... 14 Chapter Three: Results of Text Analysis ...... 19 East Timor ...... 19 Background ...... 19 East Timor Legitimacy Profile: Academic Sources ...... 20 East Timor Legitimacy Profile: Official Sources ...... 25 East Timor Legitimacy Profile: Primary Sources ...... 28 Nepal ...... 37 Background ...... 37 Nepal Legitimacy Profile: Academic Sources ...... 37 Nepal Legitimacy Profile: Official Sources ...... 43 Nepal Legitimacy Profile: Primary Sources ...... 47 Chapter Four: Conclusion ...... 56 References ...... 59 APPENDICES ...... 63 Appendix A: Manually Seeded Word List ...... 63 Appendix B: Site description ...... 75 Appendix C: Source list ...... 78 Appendix D: Out year options work plan ...... 82
3
Executive Summary
An increasing amount of research on post-conflict reconstruction has highlighted the central role that legitimacy plays in the sustainability and ultimate success of international programmes concerned with rebuilding failed states. Legitimacy in the broad sense refers to the belief (i.e. perception) that authorities, institutions and social arrangements are appropriate, proper and just. A key area of concern for post-conflict reconstruction programmes has been to achieve political legitimacy (e.g. derived from claims based on the interpretation of international law) for international efforts to intervene in host countries and engage in peacebuilding programmes. An under researched and neglected dimension of legitimacy pertains to building and sustaining domestic legitimacy among the population subject to peacebuilding and peacekeeping efforts. This is important to the functioning of governmental institutions (e.g. police, judiciary and government) that post-conflict reconstruction is particularly concerned with transforming – often referred to as statebuilding. Domestic legitimacy refers to the acceptance of post-conflict interventions and resulting institutions among the local population, which has been identified as influencing the sustainability of peacebuilding programmes. This project focuses on two factors proposed to influence domestic legitimacy: voice and social identity. Voice refers to the opportunity for groups to have some level of input into processes that affect them. Voice provides for some level of local control and is premised on notions of local accountability and participation in the reconstruction process. This is essential for ensuring that reconstruction efforts are perceived as meeting local needs and expectations. Social identities are attitudes, values, behaviours and memories that are drawn from group membership. Group membership acts as a heuristic that tells people who can be trusted and who cannot, independent of any history of interpersonal exchange. Since citizens draw assumptions about which groups are responsible for rebuilding or reforming institutions, the social identity of reconstruction agents may affect perceptions of trust and legitimacy. The aim of Phase 1A was to examine the dimensional properties of legitimacy in East Timor and Nepal via textual analysis of various sources (academic, official, and primary). These results were used to understand the configuration of post-conflict reconstruction strategies in these selected sites and help define legitimacy processes. Results will also be used to inform subsequent phases of research that will involve fieldwork in selected sites.
Results from East Timor were characterised by a disjunction between the ideals of academic literature, the aims of reconstruction programmes and the perception of the reality on the ground. The academic literature discussed legitimacy with equal attention across a broad range of institutions, including 4 economic, health, and security, whereas the official literature focused on government, and the primary literature on human rights and the judiciary, indicating potential different assessments of the relative importance of these institutions to reconstruction efforts. The presence of Timorese individuals such as Xanana Gusmao on primary profiles but not academic or official, suggests an underestimation of the power of the individual to influence perceptions of legitimacy via what can be termed charismatic authority. Though building participation and increasing voice is discussed in the academic literature and explicitly stated as an objective in the official literature, East Timorese still struggle with the impression of having little influence over the rebuilding of key institutions, especially within the context of key justice institutions such as the judicial system. This leads to perceptions of systemic bias and ineffectiveness, which thereby undermines domestic legitimacy. There is a strong indication that a lack of trust regarding Australia’s involvement in the reconstruction of East Timor affected the legitimacy of UNTAET (United Nations Transitional Authority in East Timor), with suspicion of Australia’s motives as an out-group with disproportionate political power over Timor. Special issues raised in the East Timor profiles and worthy of further investigation include: the ill-conceived choosing of Portuguese as the national language; perceptions of transitional justice following Indonesia’s Truth and Reconciliation Commission; repercussions following the distribution of revenue from the Timor Petroleum Fund; and justice processes utilising customary norms versus a reliance on rebuilt judicial institutions.
In general there were similar issues raised in Nepal, though analysis of social identity processes were more pronounced and complicated by the intricate socio-cultural system. Disentangling the relative importance of group identities in Nepal will be essential in any subsequent fieldwork. The academic profile was the only source to discuss the importance of NGO legitimacy, with the official and primary profiles more concerned with human rights and official corruption. As in East Timor, voice was a concept raised in all sources, though its discussion in the academic texts and stated importance in official sources was at odds with direct claims in the primary text of the marginalisation and denial of voice of certain groups. This finding is also at odds with the prediction that the primarily locally based reconstruction efforts and governance in Nepal would increase the perception of ownership and participation. It is possible that systemic exclusion of ethnicities and castes from the decision-making process has counteracted the positive effects of perceived devolution of ownership overall in Nepal. Special issues raised in the legitimacy profiles and worthy of further research include: the importance of the urban/rural distinction in Nepal; the legitimacy of NGOs given their prolific and significant role 5 in reconstruction; integration of ex-Maoist insurgents into the police and military and its effect on domestic legitimacy; and perceptions of the US in Nepal given the Communist political philosophy of the Maoist government.
Suspicions abound of outsiders and their motives in both countries, both at the stage of the international intervention and subsequently in reconstruction. This was exacerbated when the US or another high- status group were operating in the country in question. Locals in East Timor and Nepal were generally accepting of initial United Nations involvement, though it was evident that this support began to deteriorate over time due to the increased perception that foreign governments were “pulling the strings” of the operation. An overriding transitional authority as in the case of UNTAET aggravates the latter problem, where it can be viewed on the ground as operating on behalf of foreign governments, causing locals to overlook the humanitarian need for the involvement of international agencies. Surveys and interviews in subsequent phases of this project will determine the reasoning processes behind these perceptions, though it seems fair to conclude at this stage that there are social identity processes at work in the innate distrust of particular out-groups as represented by international agencies and their representatives in both East Timor and Nepal.
While academics and reconstruction officials work on building institutions, locals are often left searching for a sense of justice for grievances experienced during the preceding and often ongoing conflict. Tied to this concept are issues of accountability and fairness, central to perceptions of domestic legitimacy. Independent investigations and war crimes tribunals are typically conducted in post-conflict environments with locals and officials placing emphasis on the extent to which these processes accord to procedural justice norms, with a lack of perceived legitimacy in the conduct of trials undermining their aims of providing local justice. It will be interesting to investigate further in East Timor and Nepal whether locals prefer retributive or restorative justice processes after conflict. However, these initial findings suggest that leaving war criminals unpunished is a major setback for the legitimacy of the judicial system and the government after conflict.
Chapter one of this report outlines the framework underpinning this research and defines specific theoretical concepts that guided data analysis. Chapter two discusses the research methodology and describes how sources of information were divided into academic, official and primary texts. Chapter two also details the analytical method that was adopted using Leximancer. Chapter three presents the 6 results from data analysis and discusses the content of the visual maps that were produced through text analysis. This is divided into different legitimacy profiles according to both text source and country of origin. Chapter four summarises the key research findings, the implications for further project phases and outlines how the adopted methodology and approach utilising the Leximancer text analysis system is applicable to other fields of research.
7
Acronyms
BBLL = Bridge Building at Local Level CA = Constituent Assembly CEP = Community Empowerment Project CPL = Communist Party of Nepal CTF = Commission of Truth and Friendship DDC = District Development Committee ICTJ = International Centre for Transitional Justice NAPSIPAG = Network of Asia-Pacific Schools and Institutes of Public Administration and Governance NC = Nepali Congress NGO = Non-Governmental Organisation REDP = Rural Energy Development Program RRN = Rural Reconstruction Nepal SC = Security Council SPA = Seven Party Alliance UML = United Marxist Leninist UN = United Nations UNDP = United Nations Development Program UNMIN = United Nations Mission in Nepal UNMISET = United Nations Mission of Support in East Timor UNTAET = United Nations Transitional Authority in East Timor VDC = Village Development Committee YCL = Young Communist League
8
Chapter One: Background and Aims
Theoretical Background
The problem of state-failure has become an issue of increasing concern for international organisations such as the United Nations, as well as national governments including the United States and its coalition partners. Experience from Afghanistan and Iraq indicates that addressing state-failure has a bearing on regional and national security. Failing and failed states can offer havens for terrorists to conduct operations that endanger the lives of citizens residing far from those countries and offer incubators for transnational crime (Brinkerhoff 2005; Broadhurst 2003; Dobbins et al 2003; Goldsmith & Dinnen 2007). Addressing state-failure has not only become an issue of improving security via traditional peacekeeping operations but has expanded to include “peacebuilding” tasks such as rebuilding basic infrastructure concerned with health, education, and justice administration. Peacebuilding operations also include human rights monitoring, disarmament, resettlement of refugees and ex-combatants as well as what has been termed statebuilding programmes aimed at electoral assistance, training of police forces, training of the public service, training of the judiciary, and re- establishing democratic governing structures (Caplan 2005, 2007; Chesterman 2004; Kumar 1997; Paris & Sisk 2009). A core assumption underpinning statebuilding programmes is that weak institutions contribute to a break down in social order, exacerbating state failure, whereas post-conflict reconstruction helps to suppress disorder and contributes to physical and economic security that enhances social and political harmony (Chesterman 2004; Croissant 2006; Fukuyama 2004). This broad goal has become central to contemporary international relations and assistance agendas (Brinkerhoff 2005).
The debate over post-conflict reconstruction is beset by definitional uncertainties (Rathmell 2005). At its broadest, post-conflict reconstruction involves constructing or reconstructing both formal and informal institutions as well as transferring governance capabilities. Peacekeeping can be seen as a subset of reconstruction that involves stabilizing war-torn societies (Coyne 2005; Kumar 1997). Recent efforts at post-conflict reconstruction have typically involved both peacekeeping and peacebuilding operations (Report of the Panel on United Nations Peace Operations 2000). Given this broad mandate and the complexity in re-building formal and informal institutions, post-conflict reconstruction has often involved organisations assuming administrative authority over particular territories (e.g. United 9
Nations Transitional Administration in East Timor or the Coalition Provisional Authority in the case of Iraq). This may involve supervisory functions in which a transitional authority oversees reconstruction efforts such as assisting the existing government to put in place processes to ensure fair and free elections. This was the case with the UN Transitional Authority in Cambodia (Caplan 2005; Chong 2002). At the other end of the spectrum, transitional administration can involve forms of direct governance of institutions including law enforcement, fiscal management, appointing and removing officials, creating a banking system, maintaining public utilities, and regulating businesses. For example, in late 1999 the UN Transitional Authority in East Timor assumed full responsibility for the administration of that territory (Caplan 2005, 2007; Suhrke 2001).
Generating and maintaining both political and domestic legitimacy are central to post-conflict reconstruction (Fry & Kabutaulaka 2008; Mersiades 2005; Morphet 2002). Legitimacy in the broad sense refers to the belief (i.e. perception) that authorities, institutions and social arrangements are appropriate, proper and just (Brinkerhoff 2005; Tyler 2006). This belief is essential because when it exists in the thinking of people and groups its leads them to defer to those authorities, institutions and social arrangements as right and proper (Tyler 2006). Political legitimacy refers to establishing the moral and legal claim for an authority (e.g. a United Nations Transitional Authority) to intervene in the sovereignty of a state and engage in reconstruction efforts with the aim of rebuilding institutions in line with liberal-democratic principles. Domestic legitimacy refers to the consent and acceptance of local actors to international peacebuilding efforts and has a particularly important bearing on the construction of legitimate institutional authorities such as the police, judiciary and government (Brinkerhoff 2005; Broadhurst and Bouhours 2008; Chesterman 2004; 2007; Paris & Sisk 2009; United Nations 2008). Political and domestic legitimacy should not be understood as mutually exclusive and are interdependent, with both sources having an impact on the sustainability of reconstruction programmes. While the issue of attaining and maintaining the political legitimacy of international engagements in peacebuilding has gained increasing attention (Chesterman 2004; Fry & Kabutaulaka 2008; Fukuyama 2004; Morphet 2002) the issue of generating and sustaining domestic legitimacy has been under researched (Mersiades 2005; Regan 2008) The aim of this research is to understand factors that influence domestic legitimacy.
Maintaining domestic legitimacy in post-conflict states involves expanding participation and inclusiveness, reducing inequalities, creating accountability, combating corruption and introducing 10 contestability (elections). It also has a process dimension such as improving the delivery of services, developing civil society, initiating constitutional reform, re-establishing the rule of law, and addressing institutional design such as the allocation of functions across levels of government (Brinkerhoff 2005: 5). Because they involve some level of encroachment on state sovereignty, peacekeeping and peacebuilding initiatives must be accepted by local people as valid and justified (Caplan 2007).
A key factor that potentially influences levels of domestic legitimacy is the attitudes and perceptions the local population has towards institutional authorities, whether this be the intervening authority or rebuilt institutions such as the police, judiciary or government. These perceptions can operate at two levels: the general and specific (Hawdon 2008). At the general level it can encompasses global attitudes towards the roles of authorities such as trust in a government’s justice system or political parties. At the specific level it relates to whether people trust individuals who occupy a particular institutional role to perform that role in an honest and competent manner. Both have an effectiveness dimension derived from assessments that institutional authorities are making good faith efforts to respond to the needs of the community or group an individual identifies with (Platow et al 2008; Tyler 2006).
The distinction between general and specific notions of legitimacy is important. While groups within post-conflict contexts might perceive an intervention as legitimate and the resulting institutional rebuilding as required, their everyday experiences and contacts with authorities (e.g. discriminatory treatment, the need to pay bribes, observations of local corruption and poor living conditions) may lead them to distrust the motives of individuals who occupy certain roles within those institutions. For example, an individual may consider the institution of policing as legitimate but not trust an individual officer within their region or locality. The same can apply across branches of government. The opposite can also be true, in that groups may trust an individual officer bearer within the locality they live because they may be well liked and come from the same ethic or cultural group. This may not translate to the national level where confidence in systems of governance and criminal justice may be lacking due to perceptions they are based on systems of patronage and meet the interests of particular groups. Evidence from post-conflict societies supports this conclusion. Recent results of a survey of Afghan people indicated that while they reported confidence in institutions such as the Afghan National Police and provincial councils, this did not translate up to the nation level, with very little confidence being reported in the government’s justice system or in political parties (Asian Foundation 2007).
11
The effects on group perceptions and actions as a result of general and specific legitimacy are relevant to post-conflict interventions. If both exist in high levels within post-conflict contexts the success of reconstruction programmes is improved. If one is lacking but the other is present it gives a basis for targeting reform, communication strategies and capacity building. However, if both general and specific forms of domestic legitimacy are absent, reconstruction programmes will flounder. The dimensional nature of legitimacy requires measures that take account of assessments of legitimacy as they relate to particular institutions (general notions of legitimacy), but also involve lay assessments of people’s subjective interpretations of how they are treated and respected by officials representing particular authorities (specific notions of legitimacy).
These two forms of legitimacy do not operate in a vacuum but are influenced by a number of factors. The current project focuses on two such factors: voice and group identity. Voice refers to the opportunity for groups to comment on or inform an authority’s decision, allowing them to have some level of input into processes that affect them (Folger, 1977). Voice provides for some level of local control and is premised on notions of local accountability and participation in the reconstruction process. This is essential to ensuring that reconstruction efforts are perceived as being aimed at meeting local needs, and avoids the problem of them simply being perceived as a vehicle for local elites and international or corporate interests (Chesterman 2007; Richmond & Franks 2008). In short, voice builds trust both within and across social groups, and is one of the biggest predictors of whether people perceive processes to be just and in their best interests (Folger 1977).
A second contextual factor that provides a focus for the current project is social identity. Social identities are attitudes, values, behaviours and memories that are drawn from group memberships. Social psychological research indicates that people are quick to categorise the world into in-groups and out-groups, based on religion, ethnicity, age, culture, socio-economic status, political beliefs, and so forth. Furthermore, these group allegiances produce systematic biases in perception and behaviour (e.g., Sherif, 1966; Tajfel & Turner, 1979). Specifically, people evaluate the past, current and future actions of others in such a way as to maintain, enhance or preserve the positivity of in-groups relative to out-groups (Brewer, 1979). One consequence of these biases is that group membership can act as a heuristic that tells people who can be trusted and who cannot, independent of any history of interpersonal exchange. It is assumed that in-group members can be trusted because they are motivated to protect the common good. Out-group members, on the other hand, are instinctively mis-trusted 12 because it is assumed that they are motivated to protect their own constituency at one’s own expense. A range of studies now show that the very same statements are interpreted very differently depending on the group membership of the speaker (Cohen 2003).
We argue that these biases can have profound effects on the extent to which institutions are seen to be just. This is because citizens draw assumptions about which groups are responsible for rebuilding or reforming institutions (who is “pulling the strings”). For example, East Timorese may find themselves speculating about who is “pulling the strings” when it comes to developing a constitution or a parliament: Is it the East Timorese themselves, the US, the UN, Australia, groups allied to Indonesia, big business, or a complicated combination of all of these? The answer to these questions (which can also be based on fact, myth, intuition or conspiracy) would be a key determinant of whether people see reconstruction efforts and resulting institutional authorities as valid and legitimate. If the rebuilding process is perceived as being authored by in-group interests, then people will assume that institutions such as transitional authorities have constructive motives, and thus will be predisposed to see the process and outcomes as fair. If the rebuilding process is perceived as being authored by out-group interests (e.g. foreign interests), then people will view their actions and decisions through a suspicious lens. As a result, people might be predisposed to see the processes and institutions associated with reconstruction efforts as unfair and illegitimate.
Understanding legitimacy through the lens of social identity and voice helps to capture the mirco level factors that influence the ability of external reconstruction agencies to generate support for peacebuilding operations among the general population. It also provides scope for understanding how international agencies can generate greater popular support for external interventions and re-built institutional authorities that are a central focus of statebuilding programmes.
Aims of Phase 1A
Phase 1A of this project has involved the analysis of available textual sources to examine the configuration of post-conflict reconstruction strategies in two selected sites: East Timor and Nepal. These two sites were selected based on assessments of the history of post-conflict reconstructions in these jurisdictions, accessibility to the countries and relevant text sources. Further work is to be conducted on a third site – Afghanistan. The aims of phase 1A were to: 1. Model the configuration of post conflict interventions in a number of selected sites. 13
2. Collect available data on the impact of reconstruction programs. 3. Classify agencies and groups involved in post-conflict reconstruction. 4. Analyse the interrelationship between post-conflict reconstruction and its reception among the general population. 5. Explore the dimensions and properties of legitimacy. 6. Refine the conceptual development of variables to be explored in subsequent research phases. 7. Identify key issues in need of further investigation in project fieldwork that have an impact on domestic legitimacy.
14
Chapter Two: Methodology
The Leximancer text analysis system was used to explore the structure of all textual sources, with over 10,000 sources of information analysed. Such data mining exercises can be particularly useful in identifying consistencies and differences across numerous sources of information that would be impossible to record through manual processes. Leximancer identifies core concepts within textual data, clarifies the properties of these concepts and illustrates how they are related (Leximancer Manual 2005). Themes or concept groupings are identified in textual data that represent the clustering of both key word like phrases and name-like concepts. Leximancer analyses data through word co-coherence and can identify relationships between concepts both within and between different data sources. The output produced by Leximancer provides a visual representation of these concepts and relationships and a means of quantifying and displaying the conceptual structure of a set of documents. It also allows the user to request overviews of text sources and key segments of texts in relation to specific concepts and relationships between concepts.
A variety of sources were used to amass post-conflict literature for analysis, and post-collection, all literature was organised by country and by source (appendix C provides a list of sources that were accessed). The purpose of this organisation by source was to allow for subsequent comparisons from differing points of view, or levels of involvement in reconstruction. For this reason, the three categories of textual source were deemed academic, official, or primary, to reflect the differing viewpoints of those observing, leading, and personally affected by reconstruction efforts.
Academic literature was retrieved primarily from political and social science journals (e.g., Journal of Contemporary Asia), and included some law (e.g., Asian Law) and psychology journals (e.g., Australian and New Zealand Journal of Psychiatry; see appendix C). Preference in literature collection was given to more recent articles so that the most up-to-date theories and political changes would be analysed, with this effort modified for each country given the time scale of the conflict and reconstruction process. The examination of academic literature provides the viewpoint of experts in theory, research, and political analysis who act as close observers and assessors of reconstruction efforts. Official literature was comprised of text produced by those responsible for setting the agenda on the ground in each country. For most countries this included UN official documentation, including resolutions, mandates and progress reports. It also included material sourced from NGOs, such as specific project outlines to general country assessments and official committee reports. This material 15 allows examination of the issues deemed important by the groups in charge of reconstruction, which can be compared with issues important to those who are affected by their actions and interventions. Discrepancies in these perceptions would indicate either a lack of communication or disjunction between the agenda of reconstruction agencies and the needs and demands of the local population.
Primary sources encompassed any text representing the viewpoint of people living in the two sites selected for analysis. The aim of gathering primary text was to access the perceptions of citizens in each country: their thoughts, beliefs, and attitudes to the conflict itself, the subsequent reconstruction, and resulting peace, and political and economic development. To retrieve this information, a variety of sources were used, especially internet forums and discussion boards, personal blogs; and media sources, particularly local online media (including comments sections) and transcripts from investigative journalism programmes, which provide access to direct quotes from locals. Material gleaned from blogs and forums is a direct insight into the thoughts of a population, though they must be recognised as having some bias, as only an elite minority of the population in a post-conflict developing country will have access to computers and have English language proficiency.
The SiteSucker utility was used to access and download online content. SiteSucker is a Macintosh application that automatically downloads Web sites from the Internet. It does this by asynchronously copying the site's Web pages, images, backgrounds, movies, and other files to the local hard drive. A URL was entered as a starting address from which the software navigates into other links, downloading content as it searches, saving an entire webpage as html as well as attachment files such as archives and pdf. For this project, it was specified that SiteSucker would navigate a maximum of three links away from the starting page so as to ensure relevancy of content. In addition, basic search terms were entered, e.g., ‘Nepal’, so that only content containing the keyword ‘Nepal’ would be downloaded, and downloaded files were limited to .html, .htm, and .pdf, extensions, since only textual content would eventually be analysed in Leximancer.
The analysis process was uniform for all countries and sources. Running all text from start to finish of the Leximancer analysis created an initial exploratory map. Only a minimum of settings were adjusted in the initial phases of analysis: the duplicate text sensitivity setting was increased to its maximum so as not to create spurious results, and the number of concepts function was taken off its automatic setting and set at between 100 and 140 concepts, depending on the volume of text. At this stage, no variables were added or removed. After perusing the resulting map, concepts deemed to be irrelevant 16 were removed from the map. It was particularly necessary to delete concepts in the primary maps, as the content was downloaded in its entirety as HTML and therefore many tags, headlines, and extraneous material was also included in the analysis. The content of these concepts were carefully examined to determine with certainty that a concept was the result of irrelevant HTML material and not part of the pertinent text. For example, content downloaded from the BBC website for East Timor content contained many country tags for users wishing to access news in other areas. On the subsequent Leximancer map, name concepts appeared for many countries outside of East Timor, and for many that were not involved in reconstruction. After determining that these concepts were unrelated to East Timor, they were deleted from the list and analysis was run again. The resulting map was more stable due to the increased relevancy of its concepts. These general maps and broad analysis techniques were used in the initial stages of research for the purposes of site selection. Once two sites of interest were selected, East Timor and Nepal, more involved techniques were used with the textual data.
Profiling was a technique used to increase the relevancy of the concepts appearing on the maps. By creating user-defined ‘seed’ terms pertaining to a specific conceptual aspect of this project, the Leximancer analysis system based its thesaurus learning function on these terms and the resulting maps contained primarily concepts relating to the seed terms6. In this way, concept maps were created by country and source as before, but now with concepts specifically relating to legitimacy, voice, and social identity.
The initial stage of profiling was manual concept seeding. By turning off Automatic Concept Identification and running the Leximancer analysis to the stage of Concept Seed Editing, Leximancer provided a list of frequently occurring words in the text, but no automatic concepts. From this point it was possible to assemble a list of words relating to the concept of, depending on the condition, legitimacy, voice, or social identity. This was important to do because given their diverse origin within the academic literature from political science, in the case of legitimacy, to social psychology in relation to voice and social identity, the concepts of interest were rarely referred to explicitly across the three key categories of text sources. Hence it was necessary to manually develop lists of associated “lay” terms relating to the concepts of legitimacy, voice, and social identity that could then be mapped through the use of Leximancer. For example, as explained in chapter one voice is associated with
6 In Leximancer, the definition of each concept (i.e. the set of weighted terms) is automatically learned from the text itself. Concept seed words represent the starting point for the definition of such concepts, with each concept definition containing one or more such seeds. These seed words can either be provided by the user, or can be automatically extracted from the text. They are called seeds as they represent the starting point of the concept, with more terms being added to the definition through thesaurus learning (Leximancer Manual 2008). 17 ownership and participation, terms common to the field of peacebuilding. The denial of voice is related to the opposite of these two terms: e.g. dispossession and exclusion. Discussions in the literature around ethnic identity and class are terms commonly associated with notions of social identity. These lay terms were also used to construct relevant concepts.
For each profiled concept, the manual seeds were a combination of words identified by Leximancer as frequently occurring as well as a standard list of words created by the researchers (see Table 1 for manual seed words used in the legitimacy profile of Nepal and appendix A for a complete list relating to each country profile). This ensured a degree of consistency in the profiled concepts across countries and text sources, but also allowed for idiosyncrasies to emerge between maps for comparison. For every map, the number of concepts to discover was set at 80, in accordance with the standard recommendation of less than 100 concepts and between 3 and 10 discovered concepts per pre-defined concept (see Leximancer Manual 2008). The discovered concepts were related to at least one of the prior concepts, similar to set union (Leximancer setting: 'Concepts in ANY'). After creating the manual seeds and applying uniform settings, the process was run through the Thesaurus Learning function. In this phase, thesaurus definitions were automatically extracted for the manually seeded words. As pointed out in the Leximancer Manual: “it is important to understand that although the profiled concepts are seeded from words that are relevant to the prior concepts, they are then learned as fully- fledged, independent concepts”. The implication of this was that, although more specified to a particular theme, the maps still contained some tangential concepts and were subject to the same process of examination as the original maps. Access Agreed Authority Build Civil Communities Community Concern Concerns Constitution Constitutional Democracy Democratic Dialogue Discrimination Economic Effective Election Governance Government Governments Groups Group Fair Just Include Included Including Infrastructure Institutional Institutions Issue Involved Involvement Issues Justice Leadership Leaders Legitimacy Mechanisms Mediation Military Monarchy Monitoring Organizations Participation Peacebuilding Police Policies Politics Power Pressure Principles Process Processes Reconstruction Reforms Reform Regime Relationship Representatives Resolution Respect Rights Rule Security Services Societies Society Stakeholders Structural Structures Support System Systems Transitional Trust Understanding Table 1: Nepal Academic Legitimacy Profile: Manually Seeded Words
18
It needs to be recognised that there are limitations with the methodology adopted in this project. For example, access to textual data was limited to English language sources and hence overlooks and may not represent local opinions or assessments from indigenous populations that are not proficient in
English, or do not have access to technologies that allow them to communicate their opinions to a wider audience. Also secondary sources are the subject of filtering and editing processes of their authors and in the case of official literature reflect the bureaucrat and authorized stance of authorities.
Hence the accuracy of official reports and documents need to be kept in mind given there can be variance between what is officially stated and what actually occurs in practice. This is why it was deemed important to explore key concepts across a variety of data sources. Thirdly this project should be seen as on-going as newly sourced material is added to maps to increase their accuracy. We do not claim that the literature accessed (e.g. academic literature) is exhaustive of the field. The text based data analysed for this research does give a useful starting point by which to understand how issues relating to legitimacy processes are understood within the field of post-conflict reconstruction, and provides a basis for directing fieldwork to further verify results and help improve understanding by complementing the data reported here with firsthand accounts.
19
Chapter Three: Results of Text Analysis
Once stable maps with relevant concepts were obtained, the results were analysed using a comparative case study approach (see George & Bennett 2005). Theme sizes were set at 50% and concept sizes at 0% to give a broad overall picture of the main themes grouping concepts together. A screen snapshot was taken of the map at this stage and was compared both within countries (between the three textual sources) and between countries (across all textual sources). Following this, a comparative investigation into the main concepts and their co-occurrences in each map was undertaken. The objective was to find both consistencies in concepts across countries and sources as well as negative cases that did not fit these patterns. Such negative cases are important in identifying possible rival explanations and help test the validity of specific theoretical concepts (George & Bennett 2005). Since the main objective at this stage is to examine the dimensional properties of legitimacy in each country, priority below has been given to discussing the concepts emerging in the legitimacy profiles. However, pertinent findings from the social identity and voice profiles will also be discussed in order to flesh out the nature of some concepts.
East Timor
Background Indonesian forces invaded East Timor in 1975 and occupied the country for 25 years. Indonesian rule in East Timor throughout this time was characterized as oppressive, with the army suppressing dissent. Opposition to the Indonesians increased in the 80s and in 1999, under strong local and international pressure, the Indonesian government announced it would hold a referendum on granting independence to East Timor. While the independence vote was overwhelmingly passed, Indonesian soldiers and pro- integration militia embarked on a campaign of violence, resulting in the death of 1400 Timorese, the destruction of basic infrastructure and the displacement of approximately 300,000 people. One month later an international mission called INTERFET (International Force for East Timor), led by Australian troops was deployed to stabilize the country. This administration was followed by the establishment of UNTAET (United Nations Transitional Authority in East Timor), which oversaw all aspects of governance of East Timor. Democratic elections were held in 2002 and UNTAET was disbanded. See appendix B for a detailed outline of the conflict, reconstruction efforts and key agencies and groups involved in different aspects of post-conflict reconstruction. 20
East Timor Legitimacy Profile: Academic Sources
First, with the theme size set at 50% and concept size set at 0%, a cursory glance at the resulting map indicated that the different institutions requiring rebuilding after conflict were given well-balanced coverage in the academic literature when discussing perceptions of legitimacy (Map 1). The theme of ‘government’ emerges as central on the map, surrounded by themes encompassing other institutions: ‘health’, ‘economic’, ‘security’, ‘police’, and ‘human’ (further investigation reveals this theme to comprise of human rights concepts and legal and judicial concepts; see Map 2).
Map 1: East Timor Academic Legitimacy Profile: Main Themes
21
Map 2: East Timor Academic Legitimacy Profile: ‘Human’ Theme
The major and most central theme that grouped concepts together relating to legitimacy was the ‘government’ theme (Map 3), implying that government is perceived as the most important post- conflict institute in academic discussion of legitimacy, particularly as it pertains to the task of statebuilding.
Map 3: East Timor Academic Legitimacy Profile: ’Government’ Theme 22
Concepts arising within this theme may be effectively categorised by their relevance to the variables in this project. In the centre, concepts clustered around institution-related concepts: ‘administration’, ‘transitional’, ‘authority’, ‘civil’, ‘legal’. Amongst the top-ranking concepts that were identified as occurring with government were those connected to issues of voice, for example ‘participation’ and ‘include’ (with a direct link between the two), indicating voice as an important issue identified in the academic literature. Another concept appearing in this theme was ‘power’, pertaining primarily to the powers of an interim authority (specifically UNTAET). Also appearing in the East Timor legitimacy profile were characteristics or properties of legitimate institutions, in accordance with academic theory and research: ‘necessary’, ‘functioning’, ‘appropriate’, ‘responsible’, ‘accountable’, and ‘democratic’.
The police force warranted its own theme in the academic legitimacy map, with there being recognition of the importance of policing in shaping locals’ perceptions of security sector reform.
Map 4: East Timor Academic Legitimacy Profile: ‘Police’ Theme
Further investigation revealed doubts regarding transnational police capacity building in post-conflict societies, especially relating to the acceptance of rebuilt policing systems and issues of social identity. Taken from a query of ‘police’ and ‘building: 23
49. /east timor academic/police building, east timor and solomons~1.html/1/1_107 “And little thought has been given to the background of the local police force to be rebuilt or strengthened, to the connections between police building and broader law and justice reform and, indeed, the other components of the external engagement such as economic and public sector reform, to knowledge of local political and legal systems, and to familiarity with local culture(s) and language(s) and, where applicable, non-state justice systems.”
The ‘reconstruction’ theme evoked issues of voice, containing concepts such as ‘consultation’, ‘participation’, and ‘include’ (Map 5). This will be interesting in the context of results from the official and primary profiles with regard to whether notions relating to the importance of voice have been put into practice in post-conflict environments.
Map 5: East Timor Academic Legitimacy Profile: ‘Reconstruction’ Theme.
The importance of legitimacy in the academic literature was shown by the existence of a ‘legitimacy’ concept (Map 5, above). A query on this concept revealed the top co-occurring concept to be negative: ‘crisis’. In the perception of the academic community, the erosion of the legitimacy of UNTAET, particularly in governance, had created instability in East Timor in the period of 2000-2002. Below are some example quotes from the ‘legitimacy’ and ‘crisis’ query:
9. /east timor academic/benevolent despotism critique of state building in east timor~3.html/1/1_418 “… Six months into its mandate, UNTAET had accomplished little with respect to the reconstruction and development of East Timor, and a crisis of legitimacy was brewing.” 24
4. /east timor academic/integration in dili, disintegration in timor-leste~2.html/1/1_420 “Within this deeper crisis of legitimacy continued government control over the security forces would have been increasingly difficult, lurching toward unsustainable authoritarianism at best.”
3. /east timor academic/benevolent despotism critique of state building in east timor~3.html/1/1_463 “…By the early months of 2000, a growing crisis of legitimacy had begun to develop, catalyzing what appeared to be a radical reorientation in UNTAET’s approach to political authority and participation. On May 30, UNTAET announced its intention to move toward a period of “co-government” prior to the transfer of full authority to the East Timorese.”
6. /east timor academic/ integration in dili, disintegration in timor-leste~2.html/1/1_420 “The legitimacy crisis that resulted from UNTAET’s early paralysis confirms the observation by several analysts that the first weeks of a mission can be crucial to its ultimate success.”
A preliminary technique used to analyse the social identity profiles was reference to the ranked name- like concepts appearing in the maps. These revealed, in order of relevance for each source, the main actors or groups being referred to when discussing social identity issues. Discontinuity in the type and order of names between sources could indicate differing perceptions of importance. In the East Timor literature, however, there was considerable agreement between sources of the main players, even at the level of specific branches of UN organisations (Security Council, for example, see Table 1). This indicated an accurate perception both theoretically and on the ground of the groups involved in reconstruction, though provided no indication as to the perception of the specific role that these groups played in reconstruction, nor the extent of positive or negative attributions made to each. This issue warrants further investigation in the fieldwork. 25
Table 1: East Timor Academic Ranked Name-Like Concepts
In summary, the legitimacy profile of the academic literature revealed a well-balanced presentation of the issues, and included many direct references to the variables being assessed in this research whilst raising some interesting new queries. The next step was to examine whether these issues identified in the academic literature were matched by the reality of official reconstruction programmes and the perceptions of those living in East Timor.
East Timor Legitimacy Profile: Official Sources
In the legitimacy profile of official sources, the representation of institutions was less specific than in the academic literature (Map 6). The main themes developing in this literature were ‘government’ and ‘system’, which between them thematically grouped the majority of concepts to appear on this map.
26
Map 6: East Timor Official Legitimacy Profile: Main Themes
The ‘system’ theme was comprised of majority of concepts (Map 7), and called for more in-depth analysis. As on the academic map, it illustrated a variety of concepts associated with legitimacy that are relevant to this research, particularly voice (e.g. ‘access’, ‘consultation’, ‘cooperation’).
Map 7: East Timor Official Legitimacy Profile: ‘System’ Theme
27
Building participation amongst locals was stated as an aim of most UN, NGO and government programmes. This became obvious from the centrality of the ‘participation’ concept in the official map and from many of the example quotes. For example:
6. /east timor official/www.laohamutuk.org/Bulletin/2002/Oct/bulletinv3n7a~1.html/1/1_3 “Its objectives are to support poverty reduction and build accountable and participatory local institutions at the village and sub-village levels.”
Yet, did these stated aims translate into actually higher levels of participation by locals? Some text from the official maps suggested attempts to circumvent the participation process, with poor results:
7. /east timor official/www.laohamutuk.org/IFI/04CEP Rolling Thinktank~1.html/1/1_58 “CEP’s attempt to bypass pre-existing governance structures with a new Council structure was received ambiguously by communities and in many cases, generated local conflict that inhibited the project. Instead, the CEP model should have adopted the positive features of Timorese local authorities and challenged its regressive features through continuous dialogue.”
An issue that arose as key to rebuilding legitimacy in the official literature was holding appropriate investigations into human rights violators as part of the transitional justice process (Map 8). There were a plethora of process-related issues identified as important in this context.
Map 8: East Timor Official Legitimacy Profile: ‘Rights’ and ‘Process’ Themes
28
If a commission or trial for human rights violators does not reach international standards or meet basic standards of fairness in the eyes of the general population this may be expected to influence the perceived legitimacy of the rebuilt judiciary as a whole. Primary results were studied for reactions to Indonesia’s Truth and Reconciliation Commission and are outlined in the next section, but the official maps revealed some doubts among NGOs and legal experts:
15. /east timor official/www.laohamutuk.org/Bulletin/2002/May/lhv3n4en~3.html/1/1_503 “While various governments on friendly terms with Jakarta applauded the long-stalled beginning of the court, human rights advocates have been far more critical. “There are too many loopholes that could prevent the effectiveness of the trial, such as the skill of the judges, the law, as well as the independency of judges from elements of power,” said Hendardi, chairman of the Indonesian Legal Aid and Human Rights Association.”
17. /east timor official/Commission for Reconstruction Timor/976~1.html/1/1_29 “Justice should be conceived of broadly. Providing justice means not only holding formal trials for perpetrators, but also providing reparations, carrying out truthseeking initiatives, and reforming institutions implicated in human rights violations.”
11. /east timor official/Commission for Reconstruction Timor/102~2.html/1/1_276 “Strong demands to put away corruptors and human rights violators faded out in the wake of the election. In their place, there was much talk of “real politics” that emphasized politicking, rather than the principles of truth and justice.”
The issue of social identity did not appear to be deemed as important in the official literature, though a comment residing within the ‘institution’ concept alluded to the idea through reference to historical patterns of behaviour, which can be important in fashioning group identity and need to be taken into account by agencies:
4. /east timor official/www.laohamutuk.org/IFI/04CEP Rolling Thinktank~4.html/1/1_828 When local institutions have a long and strong history of adaptability, planners must be cautious about imposing an external structure.
East Timor Legitimacy Profile: Primary Sources
The first map resulting from the primary sources showed a stark contrast to both the academic and official maps (Map 9), with an immediate emphasis on more humanitarian concerns: e.g. ‘culture’, ‘rights’, ‘people’, ‘group’, ‘agree’.
29
Map 9: East Timor Primary Legitimacy Profile: Main Themes
This difference remained in closer inspection of the concepts comprising this map and was reflected in the following quote taken from a blog:
25. /east timor primary/human rights and post-conflict transitional justice in east timor~4.html/1/1_524 “Reflecting on her experiences in the UNTAET period, a UN official says, “ UNTAET was busy developing institutions. They didn’t work on the political culture, and human rights are part of it.”
Transitional justice comprises the post-conflict response to systematic or widespread violations of human rights or other severe social trauma (Bickford 2004). Mechanisms of transitional justice include criminal prosecutions, truth commissions, reparations programmes, gender justice, security system reform and memorialisation efforts (International Centre for Transitional Justice 2008). Results from East Timor indicated that far from being a sideline issue for the Timorese people, a sense of transitional justice was one of their greatest concerns. This was based on issues of trust and accountability, and was fuelled by anger that perpetrators of human rights violations were escaping justice while victims continued to suffer. As mentioned previously, this issue was recognised as an issue in the academic and official literature of both East Timor, yet concepts of transitional justice were represented as less central in both sources. In contrast, initial inspection of the main themes in the primary literature showed that human rights considerations were central to people’s perceptions of legitimacy and 30 connected to almost all other issues in the profile. The following is an example of the sentiments expressed in the East Timor primary literature: 43. /east timor primary/1999horrorsofeasttimor/indonesian-military-held-responsible~1.html/1/1_7 “Under such circumstances, the CTF did not win international approval and the United Nations which had been involved in the situation in Timor-Leste since the Indonesian invasion in 1975 refused to support the Commission or allow its personnel to testify. The terms of reference made it clear that the perpetrators of gross violations of human rights could sleep peacefully in their beds because they would not be named but would be shielded by the fiction of institutional responsibility.”
Variations on Xanana Gusmao’s name appeared on the map within the ‘people’ theme, close to the ‘leadership’ concept (Map 10). Mr. Gusmao is a central figure in Timorese politics, the previous leader of the armed resistance turned first head of state. Interestingly his name did not appear on either the academic or official legitimacy profiles. His importance to the Timorese people may be a reflection of the source of legitimacy that Max Weber calls ‘charismatic authority’ (1964), wherein legitimacy for a political party or movement is gained through the power of an individual’s personality. The academic and official communities may underestimate this type of legitimacy in favour of institutional based legitimacy. Conversely, the different categories of institutions are missing almost entirely from the primary legitimacy profile compared to the academic and official maps. This hypothesis is supported by the following quotes: 49. /east timor primary/global voices online (4)~1.html/1/1_69 “It's fair also to hope that the national hero Xanana Gusmão makes the best use of his well known charisma in order to unite the country around its infant institutions. The whole nation has its eyes turned to him right now.”
52. /east timor primary/human rights and post-conflict transitional justice in east timor~6.html/1/1_947 “As President of the Republic Gusmão has a strong and independent position, in relation to the government, after receiving 78 % of the vote at the presidential election in April 2002. The constitutional powers of the office of the president are fairly limited, but Gusmão’s personal charisma and moral authority increases his influence beyond the formal powers of the law.”
31
Map 10: East Timor Primary Legitimacy Profile: ‘People’ theme with Xanana Gusmao concept
Issues pertaining to voice arose in the primary legitimacy profile. A query of ‘including’ yielded the following quote: 24. /east timor primary/Timor ba nafatin~3.html/1/1_376 “… There is a visible lack of communication between most Western-type institutions, including those created locally, and a considerable part of the East Timorese society.”
Another theme relating to voice that emerged in the East Timor primary literature was the choosing of Portuguese as the national language. This was perceived in East Timor as provocative and elitist, given that the majority of Timorese spoke Tetun or Indonesian, with few speaking Portuguese. The concepts of ‘Portuguese’ and ‘English’ were queried together to tap into text revolving around language (see Map 11):
21. /east timor primary/BBC NEWS Talking Point Forum East Timor Your questions on the world's newest nation~1.html/1/1_76 “Many people were quite dismayed that in particular that Portuguese has been made an official language, Portuguese is very much the language of the elite, the people who are in power right now, but only a tiny proportion of the rest of the population actually speak it. But the political elite, have insisted that this should be the main official language and in fact have imported something like 150 Portuguese teachers to come and help and of course this is going to cause real problems.”
6. 7.30 Report - 5 10 1999 Focus turns to rebuilding~1.html/1/1_27 “What language are the kids going to be taught in? Will it be Bahasa, will it be Portuguese, will it be English or will it be Techwan?”
32
The final quote below was especially interesting as it alluded directly to the marginalisation suffered by people when officially denied voice. 10. global voices online (1)~1.html/1/1_89 “The catastrophic decision to make Portuguese the national language of East Timor perfectly illustrates the dogmatism and unreality of Alkatiri's approach. This decision disfranchised young East Timorese who speak Tetun, Indonesian or English.”
Map 11. East Timor Primary Map: direct pathway relating to language, Portuguese-English
‘Australia’ and related concepts (‘Australians’, ‘Australia’s’) appeared centrally on the primary map, intertwined with the ‘East Timor’ theme (see Map 12):
33
Map 12. East Timor Primary: ‘Australia’ theme.
From the time of the launch of UNTAET, there was speculation that a resource-hungry Australia was more interested in Timor’s natural gas and oil supplies than in a humanitarian mission, an interesting parallel to US involvement in Iraq. The strength of these reactions may be due to the perception that Australia was the driving force behind the formation of UNTAET, which effectively relieved Timorese people from the governance of their country. This was reflected in the investigation of the Australia concept in the primary map and illustrated in the following examples: 3. /east timor primary/Timor ba nafatin~2.html/1/1_328 “E: There is a conspiracy thesis that defends Australia is behind the chaotic situation in East Timor. It is a fact that the dossier on the exploration on natural gas in Timorese waters with the government in Canberra is still an open one.”
103. /east timor primary/global voices online (4)~1.html/1/1_15 “The history of the struggle for independence of East Timor is also a narrative about the Australian political acrobatics in trying to put its hands in the vast amount of oil in the surrounding seas, currently evaluated as worth 30 billion dollars. Nevertheless, Australia always made its support of Timorese independence appear as a humanitarian mission of fostering and protecting ‘human rights’.”
37. /east timor primary/BBC east timor/438353-2.stm~1.html/1/1_16 “The first is economic, based on the belief, shared by Australia, that there are rich deposits of oil and gas in the seas that separate Timor from Australia. The second is strategic.”
115. /east timor primary/global voices online (1)~1.html/1/1_27 “Are we sure those groups are not influencing the present unrest? Australia, who took years to recognize Timor ’s oil extraction rights, spent just a few hours to land its troops at Dili airport: “Candid selfless help”!”
34
Subsequently, an oil and gas reserve deal was struck with Australia, delivering the Timorese government around 4 billion dollars and forming the East Timor Petroleum Fund. Recently the Timorese government dipped into the petroleum fund to reimburse displaced Timorese being repatriated after the most recent conflict in 2006. Initial reports suggest that this is fuelling disenchantment amongst those who remained in their homes. Perceptions of distributive justice relating to the Petroleum Fund handouts will eventually, if not already, have the potential to impact on the perceptions of governmental legitimacy: 50. /east timor primary/Voices of East Timor~1.html/1/1_17 ““The government has plenty of money, but we don't see any of it," referring to Timor's over US$3 million in oil revenues accrued since 2005. The windfall is long-overdue to a population that endured one of the world's harshest military occupations since World War II.”
Due to the scope of UNTAET, there were concerns raised about the extent of control Australia could exert over East Timor: 1. /east timor primary/Timor ba nafatin~1.html/1/1_70 “After taking control of the armed and security forces, Australia and New Zealand will want to control the Justice.”
12. /east timor primary/AR2006060201400_pf~1.html/1/1_40 “Now the Australians have disembarked with Police, investigators, and magistrates. They will want to take over the Justice and then the Public Administration. Do not fool yourselves: there is a strategy behind that. They did exactly the same in the Solomon Islands. With the pretext of fighting the gangs, they pushed the Police against the military and were able to put in the Government whoever they wanted to.”
7. /east timor primary/1999horrorsofeasttimor/crimes-against-east-timor~1.html/1/1_3 “Our reaction just might be able to influence the outcome for a people still traumatised by the horrendous human rights abuses they endured over a 24-year period when, to the shame and dismay of many of us, Australian governments gave diplomatic support to the perpetrators, helping shield them from international scrutiny.”
This suspicion of Australia’s motives in statebuilding seem to affect the legitimacy of efforts to rebuild functioning governmental institutions in East Timor, to the extent of reinforcing the perception of Australian authorship over the rebuilding process. This suspicion is not just limited to Australia, as an investigation into the social identity profile revealed:
47. /east timor primary/BBC east timor/436056.stm~1.html/1/1_19 “It is thought that neighbouring states like Australia and New Zealand would be reluctant to intervene in East Timor without explicit American backing.”
73. /east timor primary/jose ramos horta~1.html/1/1_42 “Do you think that Indonesia would like to see the newly independent East Timor fail, so that other problem provinces will lose the desire for independence?”
As stated previously, a significant issue for locals was the concept of human rights and justice, as opposed to the academic map where these themes were not as prominent. The lack of faith in the 35 judicial system in East Timor was overwhelming in the primary literature and should be treated as a major obstacle to reform. The following is a fraction of the opinions represented in the primary text regarding the judicial system in East Timor:
27. /east timor primary/1999horrorsofeasttimor/human-rights-abuses-since-independence~1.html/1/1_11 “Effective access to justice is constrained as the judicial system remains weak, particularly in the districts. A considerable backlog of pending cases further hampers the work of the courts, impacting negatively on the right of victims to legal remedy.”
28. /east timor primary/human rights in east timor~3.html/1/1_367 “There is widespread dissatisfaction with the present functioning of the Timor Leste justice system,” said the joint assessment mission report for the justice sector. “Many consider it to be partially paralyzed, pointing as proof to a mounting backlog of cases, inconsistent rulings, illegal orders and the frequent ignoring of legal orders issued by judicial authorities.”
30. /east timor primary/human rights in east timor~5.html/1/1_755 “Fear and mistrust of authority and lack of faith in the system to deliver justice are consequences of the long occupation. A UN serious crime investigator sees the consequences in his work when people have no confidence …”
A related topic to perceptions of justice was the issue of using the reconstructed judicial system versus relying on traditional methods of justice. This issue was common across academic, official, and primary sources, and was identified as an issue in both East Timor and Nepal. The feeling of foreign forces changing the way such a central issue as justice is handled may reflect social identity processes, i.e., ‘our way’ vs. ‘your way’. At the same time, dealing with law-breakers via traditional, non-judicial justice mechanisms undermines the legitimacy of the ‘official’ justice system and can create tensions between the operation of formal and informal justice processes. The following quotes are an example of opinions, taken from each text source:
Academic legitimacy profile:
4. /east timor academic/united nations transitional administration in east timor~2.html/1/1_346 “Because the traditional resolution of gender-related crimes was so deeply etched into East Timorese legal culture, respondents considered police intervention in such matters to be disrespectful of traditional law and inconsistent with customary norms. In East Timorese culture only certain types of criminals go to the police.”
Official legitimacy profile:
13. /east timor official/www.laohamutuk.org/Bulletin/2001/Oct/bulletinv2n6~1.html/1/1_80 “As Amnesty International noted in a recent report on East Timor, the use of alternative, non-judicial criminal justice mechanisms can lead to serious human rights violations where they operate in an unregulated way without adequate protection.”
Primary legitimacy profile:
34. /east timor primary/human rights and post-conflict transitional justice in east timor~3.html/1/1_377 36
“…through traditional mechanisms of mediation, and this practice continues today, partly because the formal justice system still does not work properly, and partly because people have no confidence in the formal justice system. There is also little understanding of the legal process even among educated people in Dili, let alone people in the villages.”
More generally, the desire for a liberal democracy and functioning institutions whilst still maintaining a sense of traditional culture was an issue alluded to in the primary literature, and was raised as a significant challenge for reconstruction efforts.
19. /east timor primary/Science in a Suitcase Innovation in the Asia Pacific - Home - The Science Show~1.html/1/1_15 “Emilia Pires: We want to be a really, really democratic country still keeping our traditional culture. We want to be in a place where people have sufficient food, they have sufficient clothing, sufficient shelter.”
48. /east timor primary/1999horrorsofeasttimor/invitation-to-all-non-government~1.html/1/1_13 “being legal is not enough. It must be ethically and morally acceptable in a historical perspective”
To summarise, the East Timor profiles taken together provided an overview of the properties of legitimacy specific to that country. Results were characterised by a disjunction between the ideals of the academic literature, the aims of reconstruction programmes and the perception of the reality on the ground. The academic literature discussed legitimacy equally across a broad range of institutions, including economic, health, and security, whereas the official literature focused on government, and the primary literature on human rights and the judiciary, indicating variations in the importance placed on these institutions. The emergence of Timorese individuals such as Xanana Gusmao on primary maps but not academic or official suggests an underestimation of the power of an individual to influence perceptions of legitimacy via charismatic authority. Though building participation and increasing voice was discussed in the academic literature and explicitly stated as an objective in the official literature, Timorese still struggle with the perception of having little say or input into key social institutions, especially within the context of being denied voice in the judicial system, leading to perceptions of systemic bias and therefore undermining levels of domestic legitimacy. There was a strong indication that a lack of trust regarding Australia’s involvement in the reconstruction of East Timor influenced the legitimacy of UNTAET, with suspicion of Australia’s motives as an out-group with disproportionate power over Timor.
37
Nepal
Background Nepal was traditionally a kingdom until 1990 when ‘Jan Andolan’ (the People’s Movement) first pressed the monarchy to establish a multiparty parliament, though it remained a royal parliamentary system. As a consequence, the Communist Party of Nepal (Maoist) began a campaign in 1996 to establish a people’s socialist republic, a movement which persisted as an insurgency for the next ten years, resulting in the deaths of approximately 13,000 Nepalese people. In response to the massacre of the Royal Family by their son, in 2005 the new King (Gyanendra) dismissed parliament and assumed full executive powers over Nepal. In 2006, following a sustained democracy movement and negotiations, the House of Representatives was resumed in Nepal and abolished the Monarchy to declare Nepal to be a secular state. UN-supervised democratic elections were held in April 2008, in which the Maoists won control of the Constituent Assembly and subsequently formed a coalition government and declared Nepal a Federal Democratic Republic. For an overview of the conflict and the key players involved in the reconstruction efforts in Nepal see appendix B.
Nepal Legitimacy Profile: Academic Sources
The similar approach adopted in developing the East Timor profiles was applied again with the legitimacy profiles of Nepal. Initial consultation of the themes when set at 50% sizing provided insight into the main issues emerging in the map, with in-depth analysis of concepts providing further information. Map 13 shows the main themes pertaining to legitimacy in Nepal. 38
Map 13: Nepal Academic Legitimacy Profile: Main Themes
As in East Timor, the academic literature recognised the importance of legitimacy to the extent that it appeared as a central concept (see Map 14), with some quotes directly acknowledging the consequences for a lack of legitimacy:
14. /Paper_NAPSIPAG_Trust in Government.pdf/Paper_NAPSIPAG_Trust in Government~1.html/1/1_13 “Government’s failure to perform may erode public confidence in public institutions and may impede representativeness and inclusiveness in the delivery of public services. Distrusting citizens may be less inclined to obey the law, pay taxes and comply in general.”
39
Map 14: Nepal Primary Legitimacy Profile: ‘Legitimacy’ Concept
An investigation of the ‘legitimacy’ concept yielded one particularly interesting comment regarding the framework of governance in South Asia: 6. /nepal academic/Incodice%20english~29.html/1/1_4853 “… in South Asia there is a particular paradigm of political development that took hold in the era of decolonisation, some fifty or sixty years ago, which placed a premium on the notion of the nation state as a collective goal of political organisation and that, unfortunately for us in South Asia, we had states before we really had nations. Or, to put it in a different way, we had states in terms of the architecture of control, of rule, of order perhaps, without necessarily having fully developed the sources of legitimacy that provide the sustainability and durability for those institutions and those procedures in that first blush, as it were, of decolonisation, self-government and self-rule.”
The academic literature placed importance on the concept of transitional justice, though this focused more on a theoretical discussion of the nature of transitional justice than its practical influence on rebuilding legitimacy. This was reflected not only in the legitimacy profile but also the social identity profile, from which the following quotes were taken: 2. /378.pdf/378~2.html/1/1_142 “The tendency of many within the transitional justice field to exclude economic and social rights is rooted in the traditional marginalization of these rights within international human rights discourse. In addition, the persistent reluctance 40
of transitional justice practitioners to pursue economic and social justice may reflect the assumption that these issues are more appropriately addressed by the development and postconflict reconstruction fields.”
6. /356.pdf/356~1.html/1/1_28 “Transitional justice focuses on retribution, deterrence, social pedagogy, reconciliation, vindication of victims, establishing the rule of law and democracy. This narrow focus of transitional justice on the con flict alone is inadequate.”
5. /356.pdf/356~1.html/1/1_24 “Transitional justice in Nepal, as presently conceived, is not dealing with precon flict societal inequality and women’s rights violations or protecting the gender gains made during the conflict.”
There are a plethora of NGOs coordinating reconstruction efforts in Nepal, both local- and foreign- owned and operated. The legitimacy of these institutions is particularly pertinent in rural areas as contact with regional NGOs may be the population’s only connection to the reconstruction process. The urban/rural distinction was represented as very important in Nepal, reflected in the distinct ‘rural’ themes and related concepts in all three legitimacy profiles. The following quotes taken from the academic profile lamented the lack of attention paid to legitimacy by NGOs operating in Nepal:
12. /nepal academic/175~2.html/1/1_180 “The rather simplistic approach to legitimacy in the development studies literature dealing with NGOs tends to conceal deeper issues related to legitimacy. NGO theorists argue that legitimacy rests on some combination of accountability, performance and representativeness.”
8. /nepal academic/175~1.html/1/1_61 “A comparison of the definitions of legitimacy by Edwards and Suchman reveals that the emphasis on the social construction of the organization’s environment which defines legitimacy within organizational theory is missing from the understanding of the concept in the NGO literature.”
Profiling of social identity in Nepal was essential due to the complex nature of group identity and intergroup dynamics. Though complicated in East Timor, it could be expected that in Nepal the concept of in-group and out-group would be linked to issues of not just ‘local’ vs. ‘foreign’ but identification with region, caste, family, language dialect, and religion. The main themes pertaining to social identity in Nepal are represented in Map 15, the academic social identity profile map: 41
Map 15: Nepal Academic Social Identity Profile: Main Themes
Another preliminary technique used for analysing the social identity profiles was immediate reference to the ranked name-like concepts (Table 2). These revealed, in order of relevance for each source, the main groups being referred to when discussing social identity issues. Discontinuity in the type and order of names indicated differing perceived importance between sources.
Table 2: Nepal Academic Social Identity Profile: Ranked Name-Like Concepts
42
This list of name-like concepts was unsurprising for the most part, though it may be worth noting that the UN as a whole, rather than the specific UNMIN, ranked as more important in this literature. The concepts of ‘Indian’ and ‘India’ mostly revolved around India’s fears of instability spilling over due the close proximity of the most affected area in Nepal, the Terai region, to India’s own border. As discussed later, ‘India’ and related concepts were deemed far more important in the primary literature and reflected concerns about the more powerful nation’s potential hegemony over Nepalese culture and politics.
Map 16 depicts a segment of the social identity profile, and reveals concepts grouped within the ‘social’ theme, which illuminate the different levels of group identity in Nepal including ‘caste’, ‘ethnic’, ‘religious’, ‘economic’, ‘gender, ‘regional’, ‘internal’, ‘class’, ‘states’, and ‘culture’.
Map 16: Nepal Academic Social Identity Profile: ‘Social’ Theme 43
Map 17: Nepal Academic Social Identity Profile: ‘Local’ Theme
The ‘local’ theme on the social identity map (Map 17) indicated an acknowledgement of the importance of local participation in reconstruction programmes. The name-like concept of ‘NGOs’ appeared in this theme surrounded by concepts such as ‘programmes’, ‘training’, ‘project’, and ‘donor’. Voice was also explicitly identified as an issue in the academic literature, premised around local participation and control, from the level of the individual up to the role of local government:
14. /nepal academic/Peacebuilding~4.html/1/1_632 “In a country with enormous diversity, the issue of representativeness of change agents in governance is highly significant.”
2. /nepal academic/Peace%20and%20Conflict%20Impacts%20assessment%20of%20SDC~4.html/1/1_464 “Beneficiaries and target groups at the local level put pressure to local government ( DDC, VDC) to take more responsibility and ensure quality of work. Now local governments are taking more initiatives. The BBLL, for example, has capitalised such built-up social forces at local level.”
Nepal Legitimacy Profile: Official Sources
Three main themes emerged in the official literature: ‘rural’, ‘women’, and ‘process’ (Map 18).
44
Map 18: Nepal Official Legitimacy Profile: Main Themes
The concepts underlying these themes revealed distinct areas of interest concerning official sources. ‘Rural’ regarded the rebuilding of infrastructure and agriculture, with a focus on the poor and those living outside of Kathmandu. ‘Women’ concepts revolved around human rights, especially for women and marginalised castes. ‘Process’ concepts revealed concerns about free and fair elections, the judicial system, and economic institutions. Contained within the process theme were concepts touching on issues of voice, for example ‘inclusion’ and ‘participation’. This is largely positive and suggests that conscious efforts are being made in Nepal to address legitimacy in these areas.
‘Rural’ was a main theme in the official literature (Map 19) and reflected the approach of NGOs targeting rural areas where the majority of the conflict occurred. There is a large dichotomy in the lifestyle of people living in Kathmandu as opposed to the rural areas of Nepal, and NGOs such as Rural Reconstruction Nepal offer specific programmes for people living in these areas. Presumably Nepalese with access to the internet and English language skills will be predominately well-educated and living in more urban areas, so it would be mostly speculation to assess the effect of these reconstruction programmes on the basis of the primary text used in this research. This issue would be better illuminated through targeted fieldwork in rural areas, especially the Terai area. However, the 45 importance of rural-related concepts in the Nepal legitimacy profiles highlights it as an issue worthy of further investigation.
Map 19: Nepal Official Legitimacy Profile: Rural Theme
As stated previously, due to the complex nature of social groups in Nepal, the social identity profiles were predicted to be especially interesting (Map 20 and Table 3).
Map 20: Nepal Official Social Identity Profile: Main Themes 46
Table 3: Nepal Official Social Identity Profile: Ranked Name-Like Concepts
The social identity profile of the official literature in Nepal was generally similar to the academic profile. The ranked name-like concepts revealed mostly agreement, though with a predominance of UN-based institutions (unsurprising as the UN was a major contributor to the text sources for this profile). REDP is the Rural Energy Development Programme, a wing of the UNDP operating in rural Nepal. Its position in the table places further emphasis on the importance of targeted rural reconstruction programmes in Nepal.
Quotes emerged in the social identity profile pertaining to the role of external actors in Nepal’s reconstruction process, specifically relating to what role they would continue to play following democratic elections. With regards to issues of voice, much of the official literature stressed the importance of increasing the participation of marginalised groups, though it was unclear whether the process of consultation was as successful as official reports perceived it to be:
7. /nepal official/2008-07-14-UNMIN.SG.report.to.SC.ENG-1~1.html/1/1_125 “Social Affairs Officers have continued to meet with communities and local, regional and national-level organizations representing historically marginalized groups to monitor the peace process issues relevant to these groups. Their findings indicate that these communities are concerned about their representation in decisionmaking processes at all levels; increased employment opportunities, especially for youth; improved food security and provision of basic services such as health care; proper implementation of legal provisions deterring discriminatory social practices; and solutions to issues of landlessness.”
1. /nepal official/2008-04-05.EEMT.Fifth.Assesment.Report.ENG~1.html/1/1_33 “The public was kept well informed throughout the electoral process, and community radios played an important role to bring information to more remote regions. 9. The deployment and extended presence of needed domestic and international observers to almost all the 75 districts of the country consistently built up the necessary atmosphere of trust in the electoral process and served undoubtedly as a deterrent and guarantor of a successful election.” 47
6. /nepal official/2008-05-16-UNMIN.SG.Report.to.SC.ENG-1~1.html/1/1_44 “communities were elected from constituencies across the country in the first-past-the-post portion of the election. The constituency results, together with the requirements of the quotas for the proportional representation seats, ensured that the representation of historically marginalized groups — Madhesis, Janajatis, Dalits and religious minorities — is greater than in any elected body in Nepal’s history.”
Nepal Legitimacy Profile: Primary Sources
‘Rights’ and related concepts comprised the central and most connected theme in the primary text (Map 21). As in the official legitimacy profile, this theme contained concepts pertaining to human rights and participation and involvement in justice processes. However, unlike the official profile, where this was in direct reference to governing and economic institutions, focus was on more humanistic concerns: regional and rural people, ‘women’, ‘peasants’, and in terms of ‘respect’, ‘needs’ and ‘support’ (Map 22).
Map 21: Nepal Primary Legitimacy Profile: Main Themes
48
Map 22: Nepal Primary Voice Profile: ‘Rights’ Theme
Corruption of political leaders was one of the main issues circumventing institutional legitimacy in Nepal. Map 23 illustrates the centrality and connectedness of the ‘corruption’ theme while Map 24 demonstrates the ‘leaders’ theme and concepts contained within.
Map 23: Nepal Primary Legitimacy Profile: ‘Corruption’ Concept 49
Map 24: Nepal Primary Legitimacy Profile: ‘Leaders’ Theme
The text revolving around these concepts confirmed that Nepalese are aware of widespread corruption, at the level of specific individuals involved, and that this influences their perception of governmental legitimacy:
2. /nepal blogs/index-337~1.html/1/1_12 “We have five corrupt leaders, whose corruption cases are pending in the Supreme Court: Govinda Raj Joshi, Khum Bahadur Khadka, Chiranjeeve Wagle, Vijaya Gachhedar, and JP Gupta. If NC continues to support/protect these corrupt leaders, NC will pay a big price in forthcoming CA general election.”
10. /nepal blogs/index-267~1.html/1/1_38 “Its indeed a mockery that corrupt people like Chiranjibi Wagle, Sujata Koirala, Ishwor Pokharel, Sahana Pradhan, Purna Bahadur Khadka, Khum Bahadur Khadka, Govinda Raj Joshi, Sarat Sing Bhandari and all the corrupt leaders are walking free.”
50
Map 25. Nepal primary: ‘support’ concept selected, with ‘leaders’ concept to its left.
There was a perception of nepotism in Nepalese politics, relating not just to favouritism of family members but also within the strict caste system of Nepal:
23. /nepal blogs/index-480~2.html/1/1_595 “A responsible citizen doesn’t look the other way and fabricate idiotic facts to support a corrupt, worthless leaders just because they happen to be related to them.”
4. /nepal blogs/index-485~1.html/1/1_79 “Their actions have tarnished the nation’s image therefore deserves to be dealt with, severely in accordance with an existing law but the government seemed to be letting the superiors off the hook, they’re equally to blame for this happening as it is clearly attributable to their culture of feudal system.”
As previously stated, the high numbers of ethnic groups and a caste system makes cultural issues pertinent to research in Nepal. Concepts revolving around culture frequently occurred in the primary literature, and the role of various ethnic and caste groups in reconstruction and governance was a major concern of the Nepalese people: 9. /nepal blogs/RRN website/surehelp~1.html/1/1_11 “The Salyan and Rolpa districts represent mid-hills region, and have a relatively large proportion of disadvantaged people (i. e. Dalits and ethnic minorities such as Kami, Magars and others), who were excluded from many earlier development activities.”
51
7. /nepal blogs/index-357~2.html/1/1_317 “Secondary problem arised when the identification and the rights of people; madhesis, janjatis, indigenous people, women, differently abled as well were not addressed properly in the interim constitution. subsequently the volcano erupted leading to the death of many citizens.
7. /nepal blogs/index-166~3.html/1/1_694 “Most of the Madheshi people are loosing their identity since they are treated as ‘less Nepali’ or ‘ non-Nepali’ by Pahadi people. One of the main reasons could be attributed to their sociocultural, linguistic and physical affinity with the communities living immediately on the other side of the border in India, which historically was a part of Madhesh.”
58. /nepal blogs/index-5~1.html/1/1_36 “Because people believe that the centralized governance threatened minorities, their languages and culture, we are rewriting our constitution that will safeguard the identity of all ethnic, regional and linguistic groups. In a federal republic, regional states will have their own regional languages and systems.”
Map 26. Nepal Primary Map: ‘groups’ concept selected
Concepts relating to voice also appeared in the Nepal primary map, especially in relation to the marginalisation of minority groups. Again, text below is taken from the ‘groups’ concept (Map 26).
31. /nepal blogs/index-235~3.html/1/1_932 “I agree maoists are immature and have no real experience in politics but hey they at least say they are fighting for the marginalised?? and if you people are at all concerned about terai why are you blaming the maoist for producing groups like jtmm and what not?”
61. /nepal blogs/index-287~1.html/1/1_121 “It is shameful that leaders still indulge in cheap politicking. The real showdown is between Maoists and Palace and people of this country seem to have no voice.”
52
32. /nepal blogs/index-357~2.html/1/1_299 “people who were so friendly before the Lahan incident now are no more friendly discrimination has arised. The fear of losing one’s originality and identity is one of the extreme factor which has motivated people divided in two groups and led them aggressive resulting in violence.”
28. /nepal blogs/index-238~1.html/1/1_147 “I am angry with them not because they destroyed infrastructure which can be rebuilt but because they destroyed the ethnic harmony between people, they divided people in ethnic line for their small gains. Now we are reaping the fruit Maoist planted and SPA watered.”
The role of the US in Nepalese politics opened a wide range of discourses, particularly given the perceived US interest in the Communist political philosophy of the Maoists. Investigating the ‘America’ and ‘US’ concepts in the primary legitimacy profile revealed perceptions ranging from conspiracy theories to general indifference.
22. /nepal blogs/index-282~1.html/1/1_53 “Similar to the outgoing Kofi Anan, Ban will never go against the yearning of US policy. Therefore, if the chief of the UN affiliates with the US power and politics, how can Nepali people consider that his one-section would be neutral, impartial, independent and free?”
33. /nepal blogs/index-472~2.html/1/1_65 “This is not a thing of the past. This is standard operating procedure. The US government’s main foreign policy job is to act as a global security guard for American corporations. It takes hundreds of millions of dollars to run a US presidential campaign, the money almost entirely comes from these companies, and when their investments are threatened–by a country enacting labour laws, environmental legislation, nationalisation, or by something like Maoists in a nearby country–they call the White House. It’s a very clear system..”
33. /nepal blogs/index-112~2.html/1/1_09 “Do you know who funded the construction of Nepal’s modern schools in the 1950s under the royal regime? The USA. They poured a very large amount of money into Nepal’s schooling system back then and do you know why? Because they saw Nepal as a country that was in serious danger of ‘communist infiltration’, and by funding the schools they could exert control over their structure and material in order to counter leftist ideas, as well as try to take away arguments for socialism by educating people. They thought Nepal was in danger of communist infiltration specifically because it was so poor. As you can now see, they were right.”
An interesting omission from the Nepal primary literature was a clear perception of ownership of the reconstruction process. Given that Nepalese insurgents overthrew the Nepalese monarchy with no outside intervention, and the reconstruction process has been- primarily- an internal effort (UNMIN was a supervisory mission only), it would be predicted that the Nepalese people would feel more involved than the population in East Timor. However, people in Nepal have the same concerns with governance, corruption, lack of faith in the judicial system, and a feeling of oppression based on arbitrary group lines. 53
Map 27: Nepal Primary Social Identity Profile: ‘Foreign’ Concept
Concepts surrounding the ‘foreign’ concept in the social identity map revealed the aforementioned aspects of group identity in Nepal. They included ‘caste’ (the closest concept), ‘culture’, ‘religion’, ‘prosperous’, ‘ethnic’, ‘others’, and ‘countries’. Name-like concepts included ‘Nepalese’, ‘Indian’, ‘Tibetan’ and ‘English’. Table 4 is a list of the top concepts co-occurring with the concept ‘identity’, while Table 5 is the ranked name-like concepts occurring in the social identity profile of the Nepal primary literature. 54
Table 4: Nepal Primary Social Identity Profile: ‘Identity’ Concept Co-Occurring Concepts List
Table 5: Nepal Primary Social Identity Profile: Name-Like Concepts 55
The breadth of name-like concepts appearing in the primary social identity profile, taken in tandem with other results, revealed group divisions to be of concern to the Nepalese people. There were over twice as many name-like concepts on the primary profile than the official or academic profiles, and there was more specificity in the names: instead of simply ‘government’ (the top name-like concept in the official profile), the concept was broken down into ‘CA’ (Constituent Assembly), ‘SPA’ (Seven Party Alliance), ‘Prachanda’ (Prime Minister of Nepal), ‘NC’ (Nepali Congress), ‘UML’ (Unified Marxist Leninist or the Communist Party of Nepal (CPL). There were also more external actors appearing in the primary profile: ‘India’, ‘China’, and ‘United States’. This indicated an interest in group identity within the primary text and highlighted the complexity of issues of group identity for the Nepalese.
In summary, all text sources in Nepal acknowledge the complex role of cultural systems in Nepalese governance and reconstruction. People living in Nepal are particularly sensitive to group distinctions, based on the primary social identity profiles. Interestingly, the academic profile was the only source to discuss the importance of NGO legitimacy, with the official and primary profiles more concerned with human rights and corruption in governance, respectively. As in East Timor, voice was a concept raised in all sources, though its discussion in academic text and stated importance in official text was at odds with direct claims in the primary text of the marginalisation and denial of voice of certain groups. This finding is also at odds with the prediction that the primarily locally based reconstruction efforts and governance in Nepal would increase the perception of ownership and voice. It is possible that systemic exclusion of ethnicities and castes from the decision-making process has counteracted the positive effects of perceived ownership overall in Nepal.
56
Chapter Four: Conclusion
Legitimacy refers to the belief (i.e. perception) that authorities, institutions and social arrangements are appropriate, proper and just. In the context of post-conflict reconstruction it can be divided into two core components: political and domestic legitimacy. This project focused on factors believed to influence perceptions of domestic legitimacy – that is social identity and voice, and how they shape the implementation of post-conflict reconstruction and the acceptance of rebuilt institutional authorities. The text analysis across both the East Timor and Nepal cases reveals a range of legitimacy processes that influence efforts to rebuild failed states. In both cases domestic issues were shown to influence perceptions of legitimacy with these linked to notions of social identity and voice. The analysis reveals how local historical and cultural factors complicate peacebuilding efforts, with group identity issues having a significant impact on the perceptions of inclusion in reconstruction programmes and efforts to improve democratic processes. Complicating matters further e.g. in the case of East Timor, is the dissatisfaction with the pace of reconstruction and tensions between the desire of the population to deal with justice issues through locally determined means of dispute resolution, and the dissatisfaction with rebuilt formal justice institutions that were perceived as inadequate and corrupt. Such tensions contribute to undermining domestic legitimacy because of lack of confidence it generates in formal justice processes amongst the local population. In-group and out-group processes were clearly identified across the academic, official and primary texts, this undermining the legitimacy of reconstruction agencies and influencing the acceptance of rebuilt institutional authorities. There were some inconsistencies across text sources which indicated variability in how factors influencing domestic legitimacy have been conceptualised within academic, official and primary sources. One such issue pertains to the role played by charismatic authority in building domestic legitimacy, this potentially overlooked in both the academic and official sources because of the emphasis placed upon linking legitimacy to the operation of official governing institutions.
The insights provided by the text analysis across East Timor and Nepal helps with the identification of key issues to be explored in any potential fieldwork. Our methodology highlights how the integration of theory can help in the systemic analysis of numerous text sources by providing a framework by which to undertake comparative analysis using Leximancer. The theory of legitimacy as employed in this project and the intersecting variables of social identity and voice, while theoretically underdeveloped in the field of peacekeeping and peacebuilding, did provide a useful basis by which to 57 analyse available text sources. The text analysis allowed us to understand how these conceptual variables can be operationalised to ensure they are applicable to the specific disciplinary domain of peacebuilding and statebuilding research. At a more practical level the methodology indicates how agencies (whether international, governmental or non-governmental) can undertake site assessments through the use of available textual sources prior to engaging in interventions in the field. This can help identify local issues that may have a bearing on the way agencies are received and accepted by specific populations, and which may also complicate the implementation of policies and programmes. For example agencies can undertake similar country assessments when looking at entering unstable regions and could use a similar methodology to assess not just country stability, but specific issues that may affect their operations in particular regions. The United Nations and NGOS could perform similar assessments as undertaken in this project to help tailor development programmes to specific community needs. Using Leximancer to develop country profiles on core concepts should be understood as an ongoing process, with profiles updated when newly discovered and emerging text sources are accessed. This can help agencies to track specific issues over time, making them far more adaptable to emerging problems, with also providing data for programme evaluation and pre- intervention planning.
The next phase of this research will undertake a similar text based analysis of sources relating to Afghanistan and prepare for further data collection under phase two. It is anticipated phase two will involve two options: option 1 - consultations and stakeholder interviews with relevant agencies; and option 2 - a targeted community survey and follow-up interviews with a sample of the population drawn from East Timor, Nepal and potentially Afghanistan7. The aim of option 1 will be to identify how key stakeholders involved in reconstruction efforts in these sites understand how their roles influence perceptions of domestic legitimacy, the way it affects their practices and the challenges they face in restoring trust and confidence in institutional authorities. Option 2 will measure the factors that influence legitimacy processes such as trust and confidence in the police and government. The survey will also aim to test the relationship between perceptions of legitimacy and variables such as ethnicity, class identity, levels of social connectedness and awareness of and attitudes towards post-conflict reconstruction. It is anticipated that face-to-face interviews will be conducted with respondents drawn from the community survey. The interviews will focus on obtaining more detailed information about factors shaping respondents’ perceptions of legitimacy, for example their reasoning about issues to do
7 This option is being explored with AFOSR. 58 with systems of justice and institutional performance, as well as perceptions relating to their participation in and the inclusiveness of peacebuilding processes. A work plan for these out year options is detailed in appendix D.
59
References
The references below have been cited in the main text in this report. For a list of sources used in the text analysis refer to appendix C.
Asian Foundation (2007) Afghanistan 2007: A Survey of the Afghan People. Asian Foundation, Afghanistan, Kabul.
AusAID., (2001). Cambodian criminal justice assistance project: Feasibility study phase II. Unpublished report, Canberra, AusAID.
AusAID., (2007a). Independent completion report: Cambodia Criminal Justice Assistance Project PCCJAP II (July). Unpublished report, Phnom Penh/Canberra, AusAID.
AusAID. (2007b) Australia’s Assistance to Criminal Justice Reform in Cambodia: Strategic framework Document. Unpublished report (May), Phnom Penh/Canberra, AusAID
Barbara, J. (2008)'Antipodean Statebuilding: The Regional Assistance Mission to Solomon Islands and Australian Intervention in the South Pacific', Journal of Intervention and Statebuilding, 2 (2): 123 -149.
Bickford, L. (2004). 'Transitional Justice'. The Encyclopedia of Genocide and Crimes Against Humanity, Macmillan Reference USA, vol. 3, pp. 1045-1047.
Brewer, M. (1979). In-group bias in the minimal intergroup situation: A cognitive-motivational analysis. Psychological Bulletin, 86, 307-324.
Brinkerhoff, D. W. (2005) ‘Rebuilding governance in failed states and post-conflict societies: Core concepts and cross-cutting themes’. Public Administration and Development, 25(1): 3-14.
Broadhurst, R. and Bouhours, T. (2008) ‘Policing in Cambodia: Legitimacy in the Making? Policing and Society Vol 19: 1-16.
Broadhurst, R.G. & Bouhours, Th. (2008) Changing Crime in Phnom Penh - summary report - . International Crime Victims Survey. Brisbane: Griffith University
Broadhurst, R.G. (2003) ‘Rapporteur’s Report’, in R.G. Broadhurst, (ed) Bridging the GAP – A Global Alliance Perspective on Transnational Organised Crime, Proceedings, March 21-24, 2002, Hong Kong Gov’t Printer/ Hong Kong Police, pp 1-25.
Caplan, R. (2005) International Governance of War-Torn Territories: Rule and Reconstruction. Oxford: Oxford University Press.
Caplan, R. (2007) 'From collapsing states to neo-trusteeship: the limits to solving the problem of 'precarious statehood' in the 21st century', Third World Quarterly, 28 (2): 231- 244
Cohen, G. L. (2003). Party over policy: The dominating impact of group influence on political beliefs. Journal of Personality and Social Psychology, 85, 808-822. 60
Chong, D. P. L. (2002) ‘UNTAC in Cambodia: A new model for humanitarian aid in failed states?’Development and Change, 33(5): 957-978.
Chopra, J. (2002) ‘Building State-Failure in East Timor’, Development and Change, 33 (5): 979-1000.
Chesterman, S. (2004) You, The People: The United Nations, Transitional Administration and Statebuilding. Oxford: Oxford University Press.
Chesterman, S. (2007) 'Ownership in Theory and in Practice: Transfer of Authority in UN Statebuilding Operations', Journal of Intervention and Statebuilding, 1 (1): 3-26.
Coyne, C. (2005) ‘The Institutional Prerequisites for Post-conflict Reconstruction’ The Review of Austrian Economics 18(3/4): 325-242.
Dobbins, J., McGinn, J.G., Crane, K., Jones, S.G., Rathmell, R.A., Swanger, R.M. & Timilsina, R. (2003) America’s Role in Nation-building: From German to Iraq. RAND National Defense Research Institute. Santa Monica, CA.
Folger, R. (1977) ‘Distributive and Procedural Justice: Combined Impact of ‘‘Voice’’ and Improvement on Experienced Inequity’. Journal of Personality and Social Psychology, 35: 108–199.
Fry, G & Kabutaulaka, T.T. (2007) ‘Political Legitimacy and State-building Intervention in the Pacific’, in Fry, G & Kabutaulaka, T.T. (eds) Intervention and State-Building in the Pacific: Political Legitimacy and Cooperative Intervention, Manchester: Manchester University Press, pp 1-36.
Fukuyama, F. (2004) State-Building: Governance and World Order in the Twenty-first Century, Profile Books, London.
Goldsmith, A. & Dinnen, S. (2007)'Transnational police building: critical lessons from Timor-Leste and Solomon Islands', Third World Quarterly,28 (6): 1091-1109.
Gompert, D.C. & Gordon, J. (2007) War by other Means: Building Complete and Balanced Capabilities for Counterinsurgency. RAND National Defense Research Institute. Santa Monica, CA.
George AL, & Bennett A. 2005. Case Studies and Theory Development in the Social Sciences. Cambridge, MA: MIT Press.
Hawdon, J. (2008) ‘Legitimacy, Trust, Social Capital, and Policing Styles: A Theoretical Framework’, Police Quarterly 2008; 11 (2): 182-201.
Hansen, A.S. (1997) 'Political legitimacy, confidence-building and the Dayton peace agreement', International Peacekeeping, 4 (2): 74-90.
Hornsey, M. J. (2008). Social identity theory and self-categorization theory: A historical review. Social and Personality Psychology Compass, 1, 204-222.
61
International Centre for Transitional Justice (2008) What is Transitional Justice?. http://www.ictj.org/en/tj/. Accessed 19th February 2009.
Kelly, T.K., Tunstall, E.E., Szayna, T.S., & Prine, D.P. (2008) Stabilization and reconstruction staffing : developing U.S. civilian personnel capabilities. RAND National Defense Research Institute. Santa Monica, CA.
Kumar, K (Ed.). (1997) Rebuilding Societies After War. Colorado: Lynne Rienner Publishers.
Leximancer Manual (2005), Version 2.2.
Lind, E. A., & T. R. Tyler. (1988). ‘The Social Psychology of Procedural Justice’. New York, NY: Plenum Press
Lum, T. (2007) Cambodia: Background and U.S. Relations. Congressional Research Service, Cambodia: Foreign Affairs, Defense, and Trade Division.
Mersiades, M. (2005) 'Peacekeeping and legitimacy: Lessons from Cambodia and Somalia', International Peacekeeping, 12 (2): 205 -221.
Miles, M.B. & Huberman, A.M. (1994) Qualitative Data Analysis: An Expanded Source Book. Thousand Oaks, Sage.
Morphet, Sally (2002) 'Current International Civil Administration: The Need for Political Legitimacy', International Peacekeeping, 9 (2): 140-162
Pino, W. & Wiatrowski, D. (eds) (2006) Democratic Policing in Transitional and Developing Countries, Ashgate.
Platow, M.J. Brewer, G. & Eggins, R.A. (2008) ‘Authorities’ knowledge of shared group membership and its effects on the respect-informing properties of procedural fairness’ Journal of Experimental Social Psychology 44: 743–750.
Rathmell, A. (2005) ‘Planning Post-conflict Reconstruction in Iraq: What Can We Learn?’ International Affairs, 81 (5): 1013-1038.
Report of the Panel on United Nations Peace Operations, (2000) UN doc., A/55/305-S/2000/809, 21 Aug. 2000 (known as the “Brahimi Report”).
Richmond, O.P. & and Franks, J. (2008) 'Liberal Peacebuilding in Timor Leste: The Emperor's New Clothes?', International Peacekeeping, 15 (2): 185-200.
Shahrbanou, T. & Schoiswohl, M. (2008) 'Playing with Fire? The International Community's Democratization Experiment in Afghanistan', International Peacekeeping,15 (2): 252- 267
Sherif, M. (1966). The psychology of social norms. New York: Harper & Row.
62
Suhrke, A. (2001). "Peacekeepers as Nation-builders: Dilemmas of the UN in East Timor." International Peacekeeping 8(4): 1 - 20.
Tajfel, H., & Turner, J. C. (1979). An integrative theory of intergroup conflict. In W. Austin & S. Worchel (Eds.), The social psychology of intergroup relations (pp. 33-47. Monterey, CA: Brooks/ Cole.
Tyler, T. & Huo, Y.J. (2002) Trust in the Law. Russell Sage Foundation: New York.
Tyler, T. (2006) ‘Psychological perspectives on legitimacy and legitimation’, Ann. Rev. Psychology, 57: 375-400.
United Nations Development Program (2005) East-Timor 2005: Millennium Development Goals: Where Are We Now? United Nations Development Program (available at http://www.tl.undp.org/).
United Nations (2008) United Nations Peacekeeping Operations: Principles and Guidelines, Peacekeeping Best Practices Section, Division of Policy, Evaluation and Training Department of Peacekeeping Operations, United Nations Secretariat, NY.
Weber, M. (1964) The Theory of Social and Economic Organization, New York: The Free Press.
63
APPENDICES
Appendix A: Manually Seeded Word List
Manual Seeds
East Timor Legitimacy Manual Seeds:
Accountability Establishment Question Administration Fair Reconstruction Authorities Governance Respect Authority Government Responsibility Building Institutional Structure Concern Institutions Structures Concerns Just Support Consultation Judiciary Supported Cooperation Leaders System Court Legitimacy Systems Courts Participation Transitional Democracy Policing Truth Democratic Power Understanding Elections
East Timor Official Legitimacy Manual Seeds:
Access Including Process Administration Independence Processes Approved Independent Received Build Institutions Public Building Involved Responsibility Consultation Just Response Cooperation Justice Responsible Decision Law Rights Effective Laws Standards Establishment Legislation Support Fair Officials System Government Participation Systems Governments People Value Group Police Values Groups Policies Include Policy Included Power Includes Principles
64
East Timor Primary Legitimacy Manual Seeds:
Administration Independence Public Agencies Independent Question Authority Institutions Questions Authorities Infrastruture Reconstruction Civilians Judicial Responsibility Culture Just Responsible Elections Justice Rights Election Leader Rule Fair Leaders Society Future Leadership Support Government Legal System Governments Mandate Thought Group Military Understand Groups People Truth Hope Police Violations Humanity Post-Conflict Included Power Including Process
Nepal Academic Legitimacy Manual Profiling Seeds:
Access Include Pressure Agreed Included Principles Authority Including Process Build Infrastructure Processes Civil Institutional Reconstruction Communities Institutions Reforms Community Issue Reform Concern Involved Regime Concerns Involvement Relationship Constitution Issues Representatives Constitutional Justice resolution Cooperation Leadership Respect Democracy Leaders Rights Democratic Legitimacy Rule Dialogue Mechanisms Security Discrimination Mediation Services Economic Military Society Effective Monarchy Societies Election Monitoring Stakeholders Freedom Organizations Structural Governance Organisations Structures Government Participation Support Governments Peace-building System Group Police Systems Groups Policies Transparency Fair Politics Transitional Just Power Trust Understanding
65
Nepal Official Legitimacy Profile Manual Seeds:
Access Government Power Agreement Group Police Agreed Groups Include Procedures Appropriate Included Process Authority Including Processes Respect Available Inclusion Responsibility Building Inclusive Responsible Civil Information Rights Communities Infrastructure Sources Community Institutional Support Concerns Institutions Supported Democratic Interventions System Discrimination Justice Systems Effective Leadership Elected Leaders Elections Mandate Empowerment Marginalized Fair Monitoring Free Participation Governance People
Nepal Primary Legitimacy Profile Manual Seeds:
Access Information Respect Autocracy Intervention Rights Believe Legitimate Rights Community Justice Role Communities Leader Rule Constitutional Leaders Support Corruption Leadership System Democracy Legitimacy Systems Democratic Others Trust Fair People Governance People’s Government Police Group Political Groups Power Institutions
66
East Timor Academic Social Identity Manual Seeds:
Actors Jurisdiction NGOs Agencies Legitimacy Portuguese Authority Local Portugal Civilian Member Pro-Indonesian Coalitions Members Timor Leaste Communities Parties Timor-Leste Community Partners Timor Lestese Countries People UN Country Perpetrators Transitional Administration Cultural Personnel Transitional Administrator Culture Public UN Security Council Different Relations UNMAET Displaced Representatives United Nations District Sector United Nations Transitional Domestic Society Administration Expatriate Support UN Transitional Authority External Supported United States Force Us UNMISET Forces Them UNTAC Foreign Australia UNTAET Government Australian UN’s Governments Canberra USAID Groups East Timor Washington Identified East Timorese West Timor Identity Indonesia Integration Indonesian Internal Indonesians Intervention NATO NGO
67
East Timor Primary Social Identity Manual Seeds:
Administration Personnel Australia Agencies Persons Australian Anyone Powers Australians Behalf Public East Timor Behind Respect East Timor’s Civilian Responsible East Timorese Civilians Section Government Community Social Indonesia Countries Society Indonesia’s External Staff Indonesian Forces Support Indonesians Foreign Territory NGOs Friend Troops Portugal Friends View Portguese Government Members Timor Governments Nations Timor Leste Group National Timor-Leste Groups Nation Timorese Institutions Others UN Internal Outside UNMAET International Outsider United Nations Identity Outgroup United States Leader Peacekeeping UNDP and BMZ Leaders People UNHCR Leadership Perpetrators West Timor Leading Local Member
68
Nepal Academic Social Identity Manual Seeds:
Actors Group People Agencies Groups People’s Agenda Identity Poor Authority India Power Border India and Nepal Reconstruction Caste Indian Regime Central INGO Regional Citizens INGOs Regions Class Institutional Religious Common Institutions Representatives Communities Internal Sides Community International Social Cooperation Leaders Societies Countries Leadership Society Country Legitimacy Structure Cultural Local Structures Culture Majority Support Discrimination Maoist System District Maoists Systems Districts Members Team Donor National Traditional Donors Nepal Trust Ethnic Nepalese UN Families Nepali Understanding Family NGO UNDP Forces NGOs United Nations Foreign Organisations United States Government Parties UNMIN Government Of Nepal Partners World Bank Governments Party
69
Nepal Official Social Identity Manual Seeds:
Agencies National CPA Authority Organisations Dalit Bodies Others Dalits Candidates Parties Genral Assembly Civil Partners Government of Nepal Combatants People India Communities Persons Kathmandu Community Power Local Countries Private Madhesi Discrimination Region Madhesis District Regional Maoist Districts Representation Maoists Donors Representatives National Human Rights Elected Sector Commission Excluded Sectors Nepalese Families Social Nepal’s Family Society Nepal Army Forces Support Nepal Gender System NGO Governance Team NGOs Government Them Prachanda Group Urban Security Council Groups Us Seven-Party Alliance Identity Village Terai Indigenous Villages UN Institutional Indian UNCDF Institutions India UNCT International CA UNDAF Interventions Communist Party of Nepal UNDP Leaders Constituent Assembly UNFPA Leadership Council UNICEF Local United Nations Marginalized UNMIN UNMINs World Bank
70
Nepal Primary Social Identity Manual Seeds:
Caste Nepal Madhesi Citizens Nepalese Madhesis Class Nepali Maoist Community Others Maoists Culture Us Nepal Different Them Nepalese Districts Social Nepali District Identity Nepalis Elected People India Ethnic People’s Indian Everyone Power Indians Family Ppl NGO Forces Region NGOs Foreign Religion Royalist Group Respect Royalists Groups Rights Terai Government Rule Tibet Govt Running UN Including Social United Nations India Society United States Language Support UNMIN Leader Terai USA Leaders American Leadership Americans Local Army Majority Brahmins Members Brahmin National EU
71
East Timor Academic Voice Manual Seeds:
Access Involved Truth Agreement Involvement Understanding Argued Knowledge View Attention Language Consult Available Legitimacy Listen Bilateral Participation Say Consult Planning Influence Communities Power Heard Community Presence Opinion Concern Present Sharing Concerns Process Membership Considered Processes Ownership Consultation Question Access Cooperation Public Involve Cultural Reconstruction Involved Culture Report Involvement Democratic Representatives Contribution Democracy Respect Input Identified Response Representation Include Rights Included Role Including Society Information Support Integration Supported
East Timor Primary Voice Manual Seeds:
Address Language Listen Anyone Leader Say Civilian Leaders Influence Civilians Leadership Opinion Community Meeting Ownership Concern Needs Membership Culture Planning Access Efforts Plan Include Everyone Population Involve Friend Presence Involving Friends Present Participation Government Process Contribution Governments Public Representation Group Question Representatives Groups Questions Response Heard Rights Role Important Role Understood Including Society Included Told Information Understand Involved Consult
72
Nepal Academic Voice Manual Seeds:
Access Exclude Processes Active Included Reasons Address Including Process Agreed Excluded Reconstruction Agreement Excluding Relations Awareness Indigenour Representatives Communities Influence Respect Community Information Rights Concern Involvement Role Concerns Involved Sides Cooperation Leaders Societies Cultural Leadership Society Culture Legitimacy Talks Demands Local Traditional Democracy Meetings Transparency Democratic Members Trust Dialogue Negotiation Understanding Group People Concult Groups People’s Understood Consult Power Voice Include Presence Input
Nepal Official Voice Manual Seeds:
Address Governance Power Agreed Governmet Process Agreement Group Processes Approach Groups Reach Awareness Include Representation Care Included Represnentatives Communities Including Respect Community Inclusion Rights Concerned Inclusive Role Concerns Information Share Contribute Institutional Society Cooperate Institutions Status Decision Involved Support Consult Knowledge Supported Consultation Leaders Supporting Democratic Leadership Voice Efforts Local Elections Marginalized Election Meeting Empowerment Meetings Excluded Needs Informed Participation
73
Nepal Primary Voice Manual Seeds:
Accept Idea Respect Address Information Represented Consult Involved Represent Consultation Involve Representatives Consulting Involvement Rights Culture Knows Role Democracy Language Society Democratic Leader Speak Input Leaders Support Elected Leadership Talk Election Local Talking Elections Meeting Talks Group Members Tell Groups Membership Told Listen Needs Trust Heard People Truth Include Power Understand Including Empowerment Understood Inclusion Protest Wants Exclude Question Voice Excluding Report Exclusion
East Timor Official Social Identity Manual Seeds:
Administration Individual Representative Agencies Individuals Regions Align Indonesia Reintegration Areas Indonesians Representatives Australia Institutional Respect Authority Institutions Rights Autonomy Internal Role Central Involved Social Civil Involvement Society Civilian Jurisdiction Support Civilians Justice System Commander Leaders Systematic Commissioners Leadership Territory Community National Them Communities NGO Timor Leste Consultation NGOs Timorese Country Organization Troops Countries Others UN Different Outside UNAMET Dili People UNHCR East Timor Person UNICEF East Timorese Persons United Nations Establishment Portugal United Nations Transitional External Portuguese Administration Forces Power UNMISET Foreign Process UNTAET Government Processes Us Group Region Village Groups Regional West Timor
74
East Timor Official Voice Manual Seeds:
Access Hearings Representative Accountability Include Representatives Address Included Respect Attention Including Rights Author Inform Role Available Information Say Community Institutional Speak Communities Institutions Testimony Concerns Involved Truth Consultation Involvement Views Decision Meetings Voice Decisions Participants Vote Discussions People Expressed Power Hearing Question
75
Appendix B: Site description
East Timor Nepal
Length of Portuguese Occupation until 1974 Maoist insurgency began February 1996 conflict Indonesian Occupation 1975-1999 Peace Accord signed November 2005 Post-independence conflict 1999 Democratic elections held April 2008
Transitional period 1999-2002 Maoist President resigned May 2009
Riots 2006
Assassination attempt 2008
Type of conflict Oppression and brutality under Indonesian Civil war occupation Ethnic, political Conflict over state-formation 13,000 killed Civil War Landmines used by both sides
Key players in Indonesian military Maoist insurgents
Conflict Pro-Indonesia militias Royal Nepalese Army (RNA)
Timorese independence movement Monarchy (esp. the King)
Strong Chinese influence on multiparty government
US, the UK, Belgium, India and China supply arms to the Royal Nepal Army (RNA) in the name of suppressing the Maoists
Continuing Flared in 2006 riots Yes; 14 people killed in south-east in August 2008 violence? Peace is still fragile after assassination attempts 2008 Unrest after Maoist President resigned May 2009
200,000 forcibly pushed into West Timor 200,000 at least displaced incl. 76
Portion of (1999) (UNHCR) 47,000 children population 140,000 displaced during 2006 violence, displaced starting to be returned with government grants
Specific Regions Dili, Baucau Terai belt (south-east)
of interest
Cultural Issues Portuguese, Roman Catholic, and Malaysia, Caste system the indigenous Austronesian and (social identity) Melanesian cultures
Economic 2003 World Bank Poverty Assessment Human Development Index (HDI) estimates that 39.7% of the population is 0.534; lowest in South Asia situation under the chronic poverty level 31% under chronic poverty level Improving economic situation with $4bn Petroleum Fund
Previous Research by peace and conflict Recency of conflict means Nepal is organisations as well as NGOs, though little academically understudied research from a psychological perspective.
Intervention/ Following Indonesian invasion; during and UNMIN election supervision after referendum. Reconstruction Registration of Maoist combatants by Peacekeeping and humanitarian aid. UNMIN
INTERFET lead by Australia UNMIN Lead by whom? Nepal Government
Key Players in INTERFET United Nations Department of Peacekeeping Operations (UNDPKO) reconstruction Australian peacekeepers 2005
UNTAET UN Mission in Nepal (UNMIN) 2007
National Consultative Council (NCC) Foreign forces involved but not 77
overly perceivable to civilians National Congress for Timorese Reconstruction (NCTR) US Office of the Coordinator for Reconstruction and Stabilization United Nations Civilian Police Force (S/CRS), consultative role (CIVPOL) until 200, then Policia Nacional de Timor-Leste European Commission (EC) provide 20 million Euros for human rights Transitional Judicial Service Commission and conflict settlement (for ensuring representation of East Timorese in judiciary) Village Development Committee (VDC) Asian Development Bank Rural Reconstruction Nepal (RRN)
Government of Nepal and National Council for the Timorese Resistance Communist Party of Nepal-Maoist (CPN-M) UN Department of Political Affairs Seven-Party Alliance (government) UN Department of Peace-Keeping Operations Approximately 50 International International Development Association NGOs in Nepal, as well as local NGOs
International Monetary Fund
UN Office for the Coordination of Humanitarian Affairs
United Nations Development Program
Transitional Yes- UNTAET Interim Government 2007-2008 authority (TA)?
- If TA, what Interim civil administration
role? Peacekeeping
Relief assistance
Rebuilding infrastructure
Drafting new constitution
Supervising elections
78
Appendix C: Source list
East Timor Primary 1999 Horrors of East Timor Voices of East Timor Timor Ba Nafatin East Timor Eyewitnesses In Asia Forum East Asia Forum East Timor Law and Justice Bulletin East Timor Women Global Voices Online Foreign Policy in Focus Economist Asia East Timor Directory Australasia News The World Today Asia Times East Timor Today Alcofa Blogspot AM Archive WorldFocus Rural News Science in a Suitcase Post Global BBC East Timor PM BBC News Asia Pacific Foreign Correspondent 730 Report Washington Post
East Timor Academic Asia-Pacific Journal on Human Rights and the Law Journal of Contemporary Asia International Law and Politics Democratization Deutsche Gesellschaft für Technische Zusammenarbeit Oxford University Press Land Warfare Studies Centre The Finnish Institute of International Affairs (FIIA) The London School of Hygiene and Tropical Medicine Crisis States Working Papers Series No.2 Berlin Centre for International Peace Operation Foreign Service Journal Third World Quarterly Development in Practice 79
Australian and New Zealand Journal of Psychiatry International Conference Paper: Regional and global challenges of reconcilliation Australian Journal of Human Rights Symposium paper: State reconstruction after civil conflict Australian Journal of International Affairs Brown University Thesis: Transitional Justice: The Case of East Timor Asian Law Journal Development and Change International Peacekeeping Journal of Intervention and Statebuilding Radical Society
East Timor Official United Nations Security Council United Nations Transitional Authority in East Timor United Nations Development Program The Alola Foundation Commission for Reconstruction Timor International Centre for Transitional Justice Ministry of Social Solidarity Statement to UN by Jose Ramos-Horta Laohamutuk - Timor-Leste Institute for Reconstruction Monitoring and Analysis Ministry of Agriculture and Fisheries Timor-Leste Institute for Development Monitoring and Analysis Australian Centre for Peace and Conflict Studies East Timor and the United Nations (ETAN) United Nations Mission of Support in East Timor: UNMISET UNOTIL: UN Office in Timor-Leste Timor Alliance for International Tribunal International Federation for East Timor ReliefWeb: Timor-Leste Asian Development Bank International Organization for Migration (IOM) UNICEF - East Timor UN High Commission for Refugees World Food Program World Health Organization World Bank
Nepal Academic Journal of Asian and African Studies International Journal of Transitional Justice Journal of Peace Research Biodiversity and Conservation Centre for Nepal and Asian Studies (CNAS), Tribhuvan University The Encyclopedia of Genocide and Crimes Against Humanity Foreign Policy Analysis Centre for International Forestry Research (CIFOR) 80
Critique of Anthropology Journal of Forest and Livelihood Nepali Journal of Contemporary Studies Conference Paper: Second Annual Himalayan Policy Research Conference Conference Paper: Management of Conflicts in Nepal Conference Paper: Sustainable Development in Conflict Environments Governance and Democracy Paper: Institute for African Alternatives Social Science and Medicine Friends for Peace Report Peace and Conflict Impact Assessment Support for Peace and Development Initiative Journal of Democracy
Nepal Official United Nations Mission in Nepal: UNMIN Nepal Millennium Development Goals Statements: Spokesperson for Secretary General of the UN on Nepal United Nations Security Council: UNSC Electoral Expert Monitoring Team United Nations Development Program: UNDP United Nations Country Team Nepal Interim Task Force Nepal US Office of the Coordination and Reconstruction of Nepal
Nepal Primary People’s Daily Online Professor Bishwambher Pyakuryal Foreign Policy in Focus Global Politician Human Rights In Asia Forum United We Blog! For a Democratic Nepal We Blog for Peace and Democracy in Nepal Democracy in Action Nepal News The Kathmandu Post Dawn Revolutionary Communist Party We Blog Nepal NepalVista A Surya Bahadur Kathayat Blog Kathmandu Speaks Madhesi- United We Stand My Vision Nepali Aawaz Newa Solidarity Online Khaskhas 81
Pusparanjs Blog Women Bloggers of South Asia Youth for Nepal
82
Appendix D: Out year options work plan
Data/Action – Tasks will overlap 2008 2009 2010 2011 Fieldwork site selection x Ethics application x Employ research fellow x Consultations with academic research groups and x agencies addressing post-conflict reconstruction Identify and contact relevant agencies within selected x fieldwork sites Conduct stakeholder interviews x Transcription & coding of stakeholder interviews. x x Employ nationals to act as research assistants in x fieldwork sites Identify fieldwork sample areas for targeted x community survey Develop draft questionnaire x x Pilot survey and revise questionnaire x Commence and complete targeted community x survey: field work site 1 Commence and complete targeted community x x survey: field work site 2 Data cleaning & analysis and writing x x Employ interviewers with language skills x x Draft follow-up interview schedule x Conduct in-depth interviews - field work site 1 x Conduct in-depth interviews - field work site 2 x Transcription & coding of follow-up interviews. x Data analysis & writing x Project completion report x