Working with Customary Justice Systems: Post-Conflict and Fragile States

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L. Klaming and I. Giesen, Access to Justice: The Quality of the Procedure, TISCO Working Paper Series on Civil Law and Conflict Resolution Systems (2008). Interview with D. Bebeus, a trained chief (Atamo, 8 May 2010); Interview with J. Loloala, mediator (Polamato, 10 May 2010); Interview with A. Sapur, mediator and village court magistrate (Hako, 19 May 2010). PFM Information Pamphlet (2005) 2. Interview with D. Bebeus, trained chief (Atamo, 8 May 2010); Interview with J. Loloala, mediator (Polamato, 10 May 2010); Interview with L. Tamoi, mediator and youth leader (Atamo, 8 May 2010); Interview with B. Harekin, PFM trainer and mediator (Bovo Valley, 6 May 2010). Interview with L. Tamoi, mediator and youth leader (Atamo, 8 May 2010); Interview with B. Harekin, PFM trainer and mediator (Bovo Valley, 6 May 2010). World Bank Indonesia, Justice for the Poor Program, Local, Not Traditional Justice: The Case for Change in Non-State Justice in Indonesia (2006). World Bank Indonesia, Forging the Middle Ground: Engaging Non-State Justice in Indonesia, Social Development Unit, Justice for the Poor Program (2008) 44. Interview with M Lusman, PFM trainer and mediator (Wakunai, 7 May 2010); Interview with B. Harekin, PFM trainer and mediator (Bovo Valley, 6 May 2010). Interview with M Lusman, PFM trainer and mediator (Wakunai, 7 May 2010); Interview with B. Harekin, PFM trainer and mediator (Bovo Valley, 6 May 2010). Interview with L. Tamoi, mediator and youth leader (Atamo, 8 May 2010). Interview with three mediators from Siwai (Atamo, 8 May 2010). Interview with D. Bebeus, trained chief (Atamo, 8 May 2010); Interview with A. Sapur, mediator and village court magistrate (Hako, 19 May 2010). Interview with B. Kova, women’s leader (Arawa, 12 May 2010). M. Forsyth, A Bird that Flies with Two Wings: Kastom and State Justice Systems in Vanuatu (2009); for the Solomon Islands,

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see S.E. Merry, ‘Changing Rights, Changing Culture’ in J.K. Cowan, M. Dembour and R.A. Wilson (eds), Culture and Rights (2001). See also, Interview with J. Kauona, President, Bougainville Women for Peace and Freedom (Arawa, 12 May 2010). The Melanesian pidgin word for customary law. Interview with H. Hakena, Executive Director, Leitana Nehan Women’s Development Agency (Buka, 3 May 2010); Interview with J. Kauona, Director, Bougainville Women for Peace and Freedom (Arawa, 12 May 2010); T. Havini, Hako Women’s Collective (Buka, 3 May 2010). Many women also noted, however, that this is part of a larger empowerment project involving wider social, economic and political change. While PFM did not reach their target of 50 percent women participants, estimates are that around one-third were women. Interview with P. Howley, former Director of Bougainville Peace Foundation Melanesia (telephone interview, 10 February 2010). Interviews with A. Sapur, mediator and village court magistrate (Hako, 19 May 2010); T. Mano, mediator (Arawa, 12 May 2010); Interview with B. Kovo, mediator (Arawa, 12 May 2010); Interview with survey participant, disputant (Hako, 19 May 2010). Interview with B. Kovo, women’s leader (Arawa, 12 May 2010); Interview with T. Mano, mediator (Arawa, 12 May 2010); Interview with A. Sapur, mediator and village court magistrate (Hako, 19 May 2010); Interview with Bruno, Bovo Valley (trainer and mediator); Interview with L. Tamoi, mediator and youth leader (Atamo, 8 May 2010); Interview with J. Kolala, mediator (Polamato, 10 May 2010); Interview with C. Vave, mediator (Wakunai, 7 May 2010); Interview with M. Lusman, mediator (Wakunai, 7 May 2010). A third contextual factor may be that most of Bougainville is matrilineal. However, due to the lack of research on this issue, it is unclear to what extent and how this may have influenced the dynamic.

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coincidence. Statistical significance was tested using an independent sample T-test through the PASW (formerly, SPSS) software program. Frequency tables were then used to work out the percentages of those who agreed (combining those who strongly agreed and those who agreed). The means relating to the 5-point response scale are available from the author. Ibid. When the issue was framed negatively to check for positivity bias — “I was confused about what my legal rights were”, — around a quarter of all disputants agreed, with no significant difference between trained and untrained mediators. Interview with D. Bebeus, trained chief (Atamo, 8 May 2010). Interview with L. Tamoi, mediator and youth leader (Atamo, 8 May 2010). This conclusion was reached by conducting a One-Way ANOVA (analysis of variants) test for each of the results where there was a significant gender difference to test whether there was any correlation with third party training. No statistically significant correlation was found for any of the statements. Overall, for those with trained third parties, the satisfaction levels with respect to outcome (Table 2) were somewhat lower than those previously canvassed with respect to the process (Table 1). The average for the positively worded questions in Table 1 is 89 percent for those with trained third parties; in Table 2, it is 79 percent. For those with an untrained chief, levels hold steady at 58 percent for both process and outcome-related statements. See footnote 51 for an explanation of how this conclusion was reached. Interview with D. Bebeus, trained chief (Atamo, 8 May 2010). Interview with B. Harekin, PFM trainer and mediator (Bovo Valley, 6 May 2010). One youth leader said that he learned about “gender balance; that women and men should work together to try to restore this life in Bougainville”. Interview with L. Tonoi, mediator and youth leader (Atamo, 8 May 2010).

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