Integrating indigenous approaches into a'new subsistence state': the case of justice and conflict resolution in East Timor

Type Thesis or Dissertation - Doctor of Philosophy
Title Integrating indigenous approaches into a'new subsistence state': the case of justice and conflict resolution in East Timor
Author(s)
Publication (Day/Month/Year) 2008
URL https://espace.cdu.edu.au/view/cdu:8974/Thesis_CDU_8974_Nixon_R.pdf.pdf
Abstract
This thesis begins by proposing the typology of the New Subsistence State as a conceptual tool
for understanding governance challenges typically faced in jurisdictions characterised by
subsistence social and economic relations. Defining features of the New Subsistence State
include (1) an overwhelmingly subsistence economy corresponding to little or no historical
experience of the generation and administration of large surpluses, (2) minimal workforce
stratification and labour specialisation, (3) the predominance, especially in rural areas, of
traditional authority relations, and (4) the realisation of statehood as a result of either the
adoption or bestowal of the state model, rather than the autochthonous development of the state
form.
The thesis then examines ways in which the case-study of East Timor conforms to the typology
of the New Subsistence State. This analysis includes consideration of a range of geographic,
historical and socio-political features, and some of the ways these aspects restrict the capacity of
the new state to operate effectively in accordance with the modern state model. A particular
theme concerns the minimal extent to which the territory of East Timor has experienced
meaningful social and economic modernisation throughout any of the chapters of its history.
Additionally, a range of other influences contributing to governance challenges in East Timor in
contemporary times are examined, including post-conflict aspects, demographic trends and
political antipathies which have their origins in the 1974–1975 period. The analysis
demonstrates that East Timor faces major challenges in all main areas of public administration,
with the justice sector an area of particular concern.
Whereas state institutions remain weak, the country has the option to draw on suco institutions to
support some areas of governance, including justice and conflict resolution. In a number of
comparable New Subsistence State contexts elsewhere, strategies have been implemented to link
village-level forums to the state justice sector, yet no such initiative has been implemented in
East Timor. However, a community justice and mediation program could be a relatively
economical means of improving the efficiency of suco-level justice and conflict resolution
forums, promoting human rights values and reducing the burden on the national courts system.

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