Observers of Timorese culture have long maintained a preoccupation with the term Lulik. Its meanings have fluctuated in the past one-and-a-half centuries—with prominent associations including “idolatry,” “the sacred” or “prohibited,” “black magic,” “Timorese animist expression,” or “the core of Timorese culture.” But Timorese have also commonly used the word as an adjective. This paper attempts to trace the origin of the bifurcated usages of the word Lulik through a reading of early missionary efforts to translate Portuguese religious texts into Tetun since the 1870s. In the early European missionaries’ ethnographic reports, Lulik was identified as the Other of Catholicism, the opponent to be suppressed. It was adopted as the translation of “idolatry” in missionary Tetun texts. However, it was impossible to maintain the singular pejorative meaning of Lulik, as the Timorese preferred to call Catholic priests nai-lulik (Lord Lulik). A Timorese collaborator on Bible translation further took advantage of the missionaries’ ignorance of Timorese culture and language: Jesus was called Maromak Oan (the ritual ruler in Wehali) and liurai (the indigenous executive authority), while Caiaphas became the head sacerdote (the Portuguese word for “priest”) and Pontius Pilate was called Em-Boot (the title for a Portuguese governor). The upshot was that an attempt to present Catholicism as a European religion failed in Tetun, and the Passion became a story of an innocent native who was executed by the colonial and religious authorities. The missionaries’ Europe-centric mistranslation of Lulik and the Timorese cosmology, however, strongly influenced the way the academic discourse on Lulik has developed in the following generations.

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  In 2000, at the World Education Forum in Dakar, known as one of the strongest mobilization forces formulating global education development policy, the Dakar Framework for Action was adopted. This successfully raised awareness of the growing need for education reconstruction in post-conflict countries among UN agencies, international aid agencies and academic research institutes. Since then, there has been research conducted in the field of education and conflict in developing countries, mainly by UN agencies and aid practioners that include findings from their project implementations.

  Although it is easy to imagine that conflict has a negative impact on most education sectors in general, it is rather difficult to analyze the mechanism of relations between education and conflict due to difficulty in collecting objective educational data under any conflict situation.

  However, in recent years, a comparative methodology has become increasingly popular in the field of education and conflict that captures the trend of educational situation in a country before and after conflict by matching education outcomes derived from social survey data conducted after the conflict to information of conflict areas as well as a range of subjects exposed to conflict. Those using this methodology tend to seek especially the changes in trends in educational performance indicators such as the completion rate or the schooling years when conflict occured.

  This study also aims to find the impact of conflict on education outcomes, and uses the cases of several conflicts experienced in Timor-Leste in the past. The study compares educational trends that can be drived from available existing educational data in each period of social changes under the occupation and rule of Portugal and Indonesia. In particular, the study compares the difference in education outcomes between primary and lower secondary schools in four different periods, namely, the conflict period immediately after the Indonesian occupation, the normalization period under Indonesian occupation, the further crisis period during the Timor-Leste independence referendum, and the reconstruction and development period after independence.

  More specifically, following a review of the recent and increasing amount of literature on the impact of conflict on education outcomes, this study briefly introduces the impact of the Portugese ruling policy in Timor-Leste on access to education by showing the change in the number of students and schools in this time period. The study next compares trends in the number of students and schools by year and also completion rates by birth cohort in respective primary and lower secondary educational institutions during the 10-year conflict period after the Indonesian occupation and the following 10-year normalization period in Timor-Leste. Furthermore, the impact of conflict on education quality is examined by comparing changes in the number of schools, teachers and students before and after the independence referendum held in 1999. Finally, the study analyzes how the various previous social and security situations have impacted the recent education outcomes in Timor-Leste after its independence.

  This study found, first, that the conflict occurring during the initial Indonesian occupation period from the mid-1970s and early 1980s had a negative impact on educational outcomes, particularly in lower secondary education. In addition, it was found that the impact of conflict affected not only the official age cohort in primary and lower secondary education at the time of conflict, but also the age cohort younger than the official school age group at the time of conflict who would be exposed to the impact of conflict in education after the conflict ended. The study also found a sudden decline in the quality of primary education occurring (View PDF for the rest of the abstract.)

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This paper examines the development of judicial system building in post-1999 East Timor. Central to the following discussion is an examination of the frictions, overlaps, and interactions between the newly introduced system and locally-maintained laws and social orders. When the judicial system building process commenced, security in local communities was largely maintained by local ‘traditional’ leaders, and conflicts were solved primarily through local conflict resolution mechanisms. Was the local social orders taken into account in the process of judicial system building? If so, how? And how did the local population, living within local social orders, respond to a judicial system built under international intervention?

The discussion commences by critically examining the conventional approach to understanding liberal peace-building and state-building. The mainstream literature of international peace-building and statebuilding has often regarded Western democracies as a normative goal of governance, assuming that the construction of liberal-democratic state institutions would, inherently, bring peace and stability to conflict-ridden societies. Such literature tends to overlook the locally-grown ‘traditional’ forms of law,and, moreover, regards the local society and its population as passive objects of the liberal peace-building rather than active participants in the process. Consequently, these conventional approaches tend to fail to appropriately grasp the nature of contemporary state-institution building.

Taking local actors and their legal culture seriously, the subsequent sections of this paper examine the development of legal order in post-1999 East Timor. First, the formation of local social orders in Timor-Leste are placed in a historical context that highlights how encounters with external forces, such as Portugal and Indonesia, have resulted in a state of legal pluralism, where a variety of ‘traditional’ and ‘modern’ laws coexisted in one society. Attention then turns to the judicial system building in post-1999 East Timor. Led and supported by international actors, state-builders tended to focus on ‘modern’ institution building, while overlooking legal plurality, or dismissing the local legal system in East Timor. At first this modern legal system faced difficulties engaging with the local population; the formal courts were rarely used for the purpose of conflict resolution because people continued to rely on local community mechanisms to solve their day-to-day problems. However, in recent years efforts to provide access to justice—such as legal support and financial assistance—have increased interaction between the formal judicial system and the local population. As such, local law and order practices are now in a dialogue with the new institutions, and a process of constructing and reconstructing local legal orders is underway.

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The purpose of this research is to analyse the roles of civil societies in natural resource management in post-conflict Timor-Leste. The research focuses how customary law and community associations have taken prominent roles in natural resource management in post-conflict Timor-Leste.
Timor-Leste became independent in May 2002, ending Indonesian occupation. Independence shed light on the country's environmental problems, which is a result of natural resource exploitation for short-term profit during the history of the colonization and occupation. Driven by the urgent need for restoration, the community association's movement to re-establish customary law on natural resource management became active following the independence. The independent government supported the movement, for various practical and political reasons. For the new government, natural resource management by community association based on the customary law was not only a cost-effective way to manage natural resources, but also adhered to the political impetus to support local participation and ownership by making the policies explicitly different from that of the Indonesian administration. During the nation-building process, Timor-Leste integrated the customary law into state legislation.
This study demonstrates that when governmental capacity is limited in a post-conflict situation, environmental policies that the UN implements in cooperation with the government can fail to achieve the desired effect. In Timor-Leste, gaps were identified between policies on the one hand and, on the other, actual conditions in the community, capacity limitations related to law enforcement, and structural problems such as a lack of human resources. Although the government has needed time to establish effective environmental policy and to take efficient measures, community associations started to revitalize the Tara Bandu customary law and to manage natural resources by local methods fairly soon after the conflict. The newly established government had limited capacity and faced difficulty in managing natural resources effectively when it was not relying on community association and customary law. For natural resource management to be improved quickly, it was imperative for the state to engage local knowledge and practice, and to promote community's participation and ownership. The use of customary law was a way to address the urgent agenda of the transitional government. Under this situation, the government has begun incorporating customary law into various other national policies.

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The international humanitarian assistance scheme has been reformed during the last three decades since the end of the Cold War. Due to the increase of internal warfare in the post-Cold War period originating from differences in social factors such as ethnicities, languages, and cultures, humanitarian assistance was required to transform from simply delivering goods and services for victims to addressing the root causes of conflicts. In order to do so, the international community has been discussing how to reinforce continuum from peace building to humanitarian assistance, then to development assistance. While some negative impacts by new humanitarian assistance have been pointed out such as the politicization of humanitarian assistance may be accelerated, the author rather takes the transformation as progress from his experience in actual humanitarian operations which is supposed to be politically agenda free. In order to combat increasing humanitarian crisis with limited resources, taking into consideration how to end humanitarian assistance in one place is inevitable.

However, in order to further improve the humanitarian assistance, negative impacts that the transformation has generated should be analyzed and preventative measures should be taken. One of the possible negative impacts is unfairness in assistance that may happen due to strong international attention to countries that require peace building assistance, mainly countries that have experienced internal warfare. While efforts to strengthen a linkage or coherence among peace building, humanitarian assistance, and development assistance have been actively sought, humanitarian needs in “peace places” might have been put aside.

This paper analyzes how the “assistance gap” occurs and how to prevent it from happening taking the Timor Island as a case study location where the international community has been conducting a full course of supports from peace building to humanitarian assistance and then to development assistance in its eastern half while its western half has not received any assistance.

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This article reviews the construction process of newly emerged East Timor. Though the problematic situation of East Timor is not a typical armed conflict, this case show well the complexity of contemporary conflict, as well as relation between peace-building and legal development.

Indonesian invasion of East Timor in 1975 and brutal occupation for almost 25 years are the most serious cause of conflict in East Timor. However, the East Timor conflict is not mere national liberation war by Timorese against Indonesia, but also that of various internal conflicts within Timorese society itself, e.g. conflicts among different political ideologies, attitudes toward Indonesia, ethnicities and localities. This multi-axis confrontation is the characteristic of a “complex political emergency”. Peace-building of East Timor has been fully supported by international society, and the mandate of the UNTAET is broader than any other previous PKOs. Thus, this article tries to review how these two specific situations have affected to legal and judicial development in post-conflict East Timor.

First section outlines the conflict of East Timor. In second section, I review the legal development and constitution making under the UNTAET. Third section focuses on the construction of judicial system. As “Timorization” is a keyword for new Timorese judiciary, the UNTAET tried to employ local but least experienced lawyers. At the same time, Timorese judiciary has to depend on International judges, prosecutors and public defenders in order to address cases after conflict. International supporting projects for judicial reform are reviewed here, too. Finally, in order to identify challenges of judicial reform and judicial independence in post-conflict society, the author takes the status of International judges up, and explains how executive and legislative branches intervene to judiciary.

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