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Norm Localisation in Timor Leste’s Transitional Justice Process


Abstract

In recent years, Transitional Justice has become a standard procedure in post conflict settings pursued by International Organizations such as the UN. Along with this development came a standardization of mechanisms to be conducted in order to foster reconciliation, establish the truth about the violent past, bring justice to the victims and boost peace and democracy in the long-run. Still, the norms which are to be diffused by Transitional Justice mechanisms prove to be incoherent and hotly debated. Actors on the local level criticize Transitional Justice mechanisms for pursuing a ‘Western’ agenda which leaves little room for local ownership. At the same time international observers criticize the same processes for deficiently applying international law and norms. Therefore, the question remains in how far the adjustment of Transitional Justice processes to local contexts is acceptable without compromising a long-term impact on peace building and democratization. In order to explain the complex relationship between internationally induced Transitional Justice and the norms and interests of local actors, the concept of norm localization is applied to the case of Timor Leste, where a Transitional Justice process has been conducted since its independence in 2002. Norm localization is herein understood as a framework that explains how transnational norms are not simply replacing local norms and concepts but are actively reconstructed and reinterpreted by local actors in order to be adapted to their existing identities and interests. Therefore, the paper argues for a more context-sensitive approach to Transitional Justice in order to meet its long-term goals.