7　東ティモールにおけるコミュニティ和解プロセス（CRP）の制度形成過程――規範のローカライゼーションとエージェントの役割

抄録

Transitional justice frameworks have been developed through the various attempts of the societies coming out from conflicts. Emerging practices of transitional justice includes informal local justice systems, which could be categorized as “new” mechanisms to foster peace at the grass roots level.

These innovative approaches, however, face greater pressure to conform to standards of international human rights and due process. There have been different lines of argument over the manner and extent to which local justice and reconciliation systems should be made compatible with global norms. This article examines the institution-building and implementation process of transitional justice in East Timor, by focusing on the Community Reconciliation Process (CRP) based on local customs and rituals. It explores, specifically, the roles played both by domestic and transnational agents who have attempted to build congruence between transnational norms and local ideas and practices.

The prime purpose of the CRP was to encourage the former members of militia to return home and to reintegrate themselves into their communities. The idea of utilizing local mechanisms originated from the strong needs of the local people. The idea of the CRP was first conceptualized at the workshop in 2000 where the local political elites, NGOs, UN staff, and the specialists from ICTJ, an advocacy network to promote transitional justice, met and discussed the justice and reconciliation issue in East Timor. The CRP programme was finalized through numerous consultations with the local people.

The analysis here shows how this process manifested a phenomenon called norm localization. The local and transnational agents translated “reconciliation” in their local context and restructured a truth commission with the CRP which modified their local justice system. This localization process enhanced the reception of international human rights standards as well. This article takes account of the fact that the norm localization could be initiated by not only local, but also transnational agents. Finally, this paper argues that their interaction was vital in the case of East Timor.