[TimorLesteStudies] Abstract and TOC: Sue Harris Rimmer SJD thesis: Transitional Justice and the Women of East Timor
Susan Harris
harriss at law.anu.edu.au
Mon Sep 22 16:40:27 EST 2008
Hi all
Just email if you want any bits or the whole... The background chapter is attached b/c might be useful to more folk.
Cheers
Sue
Abstract
This dissertation examines the impact of international law on East Timorese women engaged with transitional justice processes. I provide a feminist examination of the role of international law within the overall framework of transitional justice interventions designed for the violations of human rights in East Timor, focusing on the UN trials in Dili, the Jakarta trials and the truth commissions.
Most feminist research has been done on the project of categorising gender-based violence as international crimes, and the prosecution of such crimes. My analysis shows there are still gaps and silences with international law’s engagement with gender issues in Timor. The question is whether feminist analysis needs to refocus on the obligation to prosecute that is imposed by international law. In other words, do feminists need to re-engage with some of the Realpolitik criticisms of law in post-conflict settings, particularly in light of insights gained by feminist international relations scholars? This study takes a holistic view of all the formal mechanisms employed in Timor. It explores the fissures between the claims made for the role of international law in transitional justice processes, and what law can actually achieve.
Timorese women in the independence period face the problem of ‘changing the curtains’, in the sense that they may still be facing private violence in peacetime as they faced violence during the conflict. Trials may need to be delayed until they can be of an appropriate standard to uphold the rule of law. I ask whether, even if perfect trials and truth commissions were held which achieved all the traditional goals of transitional justice mechanisms, there may be limitations on what law, especially international law, can achieve to benefit women. I therefore propose that feminist international law scholars need to consider alternative, creative ways of addressing the situation of women. In particular there is a need to move beyond ideas of women as victims or even survivors, by redefining what it is to be a ‘veteran’, as veterans receive both maintenance and status in the new State.
Table of Contents
Page
Acknowledgments ………. iii
Dedication………. v
Abstract……………… vi
Map of East Timor xii
Glossary of Terms xiii
Quotation (Ivo Andr*c) xvi
Introduction A luta continua! (The fight continues!) 1
Part 1 Argument 3
1.1 Thesis parameters—what the thesis does not do 8
Part 2 Feminist critiques of transitional justice mechanisms in East
Timor: current literature 10
2.1 Current transitional justice debates 11
2.2 Legal scholarship 14
2.3 Gender and transitional justice scholarship 22
2.4 Feminist counter-narratives 27
Part 3 Chapter outline 29
Conclusion 35
Chapter One Cecelia Soares recalls—East Timor as case study 38
Part 1 History of the conflict 39
1.1 Situation of women 1975 – 1999 43
1.2 Post-conflict Timor 49
1.3 Women in post-conflict Timor 54
Part 2 Overview of transitional justice mechanisms 55
2.1 Judicial mechanisms relating to East Timor 56
2.1.2 The serious crimes process 56
2.1.3 The Jakarta trials 60
2.1.4 Lustration and Alien Torts Claims 61
2.2 Non-judicial mechanisms—truth commissions 65
2.2.1 The CAVR (Timor truth commission) 65
2.2.2 The KKR (Indonesian truth commission) 68
2.2.3 Joint Truth and Friendship Commission 69
2.2.4 UN efforts: the Commission of Experts 71
Chapter Two Sexing the subject of transitional justice 73
Part 1 Legalist versus realist arguments over the role of international law in transitional justice processes 76
1.1 The legalist approach: the obligation to punish 79
1.2 The realist challenge 83
1.3 New interdisciplinary approaches to transitional justice 87
Part 2 Feminist critiques of the role of international law in transitional justice processes 89
2.1 Representation of women in transitional justice processes 95
2.2 Categorisation of crimes: exceptionalism or revolution? 100
2.3 Prosecution strategies and problems: wholesale justice 104
2.4 Feminist strategic legalism 109
Part 3 Possibilities for reinvention: women as veterans 116
3.1 Women become veterans 120
Conclusion 124
Chapter Three Wearing his jacket: the serious crimes process 128
Part 1 Foundations of the serious crimes process: beginning at sub-zero 133
1.1 The Special Panels for Serious Crimes 136
1.2 The Serious Crimes Investigation Unit 143
1.2.1 Prosecution strategy 144
1.3 The Public Defender’s Office 147
1.4 The Court of Appeal 148
1.5 Overall budget 150
Part 2 Gender analysis of the serious crimes process 151
2.1 Representation of women 151
2.2 Jurisprudence on gender persecution from the serious crimes process 153
2.2.1 The Leonardus Kasa case: a step backwards 154
2.2.2 The Lolotae trials: rape as a crime against humanity 165
2.2.3 The Soares case: rape as ‘ordinary’ crime 175
2.2.4 Other indictments involving gender persecution 176
Part 3 The ‘not so serious’ crimes process 182
3.1 Outcomes of the serious crimes process 182
3.2 Jurisprudence on gender persecution from the serious crimes process 184
3.3 Indonesia’s refusal to cooperate 190
3.4 Inequity of outcome with Indonesian perpetrators 192
3.5 Contribution of serious crimes process to the rule of law in East Timor 194
Conclusion 197
Chapter Four Beloved madam: the Indonesian ad hoc Human Rights Court 203
Part 1 Foundations: the obligation to punish 207
Part 2 The role and operation of the court 212
2.1 Investigations 212
2.2 Legislative framework 218
2.3 The Defence 223
2.4 The Prosecution 224
2.5 The Judges 229
2.6 Outcomes of the trials 233
2.7 Reactions to the acquittals 237
Part 3 Gender analysis of the trials 242
3.1 The obligation to punish: flaws in the legislative foundations 243
3.2 Gendered discourse in the Jakarta trials 244
3.3 Treatment of female witnesses 246
Conclusion 252
Chapter Five Women cut in half: the Commission for Reception, Truth-Seeking and Reconciliation and the limits of restorative
justice 259
Part 1 Beatriz Guterres speaks: women and the CAVR 259
1.1 Gender issues in the Chega! Report 264
1.2 Representation of women in CAVR processes 267
1.3 Gender and reparations at the CAVR 271
1.4 Women and the Community Reconciliation Process 274
Part 2 Negative aspects of the CAVR process for women 276
2.1 The ‘reception’ function of the CAVR 277
2.2 Political distance from the Timorese Government 283
2.3 Failure of the serious crimes process 285
Part 3 Forced maternity in East Timor: a failure of categorisation 286
3.1 Evidence of forced maternity and birth control 288
3.2 Impact of forced maternity 292
3.3 Uncertain recognition of forced maternity as a crime under international law 298
Part 4 Chega! and domestic violence against women in post- independence
East Timor 303
4.1 Evidence of domestic violence 305
4.2 Legal principles and resources 308
4.3 Closing the curtains on domestic violence 311
4.4 Dr Lobo – the public man with the private crime 314
Conclusion: from traitors to heroes 320
Conclusion ‘Operation Love’ 325
Part 1 The future of justice for East Timor 329
Part 2 Women become veterans 334
Part 3 Summary of findings 338
Conclusion Opening the curtains 343
Appendices 346
Bibliography 378
Susan Harris Rimmer
Building Democracy and Justice After Conflict
http://cigj.anu.edu.au/democracy/about/index.php
Centre for International Governance and Justice
Regulatory Institutions Network
College of Asia and the Pacific, RSPAS
The Australian National University
Canberra ACT 0200
Email: harriss at law.anu.edu.au
Phone: +61 2 612 56768
Fax: +61 2 612 51507
M: 0406 376 809
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Chapter One Background.doc
Type: application/octet-stream
Size: 171008 bytes
Desc: not available
Url : http://mailman.anu.edu.au/pipermail/easttimorstudies/attachments/20080922/7ed6b6d0/attachment.obj
More information about the Easttimorstudies
mailing list