Member Platform - WILL GUDEMAN

Will served for 4 years in the U.S. Marine Corps and is a veteran of the first Gulf War. He spent his last 1 1/2 years in the service representing the Marines as a member of the All Marine Wrestling Team, which led him to wrestling for the University of Illinois where he graduated with a BS in Secondary Education. He continued his studies at Illinois State University and received his MS in Political Science with a focus on Community and Economic Development. He subsequently served as a Peace Corps Volunteer as a member of the first group of volunteers in East Timor, which also served as his internship for his graduate degree. Shortly thereafter, he went to Peru and with his fiance, Maggie, and started up a nonprofit organization of Peru, based on the Grameen Bank model, that provides micro-loans to single mothers. Will currently lives in Austin, Texas, where he is providing research support for FLOW.

The Well-Intentioned Attempt to Create the Rule of Law in East Timor

Key to spreading sustainable peace, prosperity, happiness, and well-being around the world is the attempt to support societies in creating governments based on the rule of law. “Secure property rights and rule of law” is one of the five measures of economic freedom in the Fraser Institute Economic Freedom Index. Will Gudeman’s experience as a Peace Corp volunteer, however, shows just how challenging it is to create western-style rule of law in traditional societies.

To complement Will’s piece, we encourage you to read Bruce Benson’s The Enterprise of Law, which begins with an analysis of how the English common law tradition was partly derived from English cultural traditions and partly imposed through force by the early English kings. Benson then proposes entrepreneurial solutions to the creation of laws that are generated from the bottom up rather than imposed from the top down.

Our objective to create good throughout the world can only be accomplished when We can effectively bridge cultural differences. For people who have not spent a significant amount of time in another country, cultural understanding is easy to dismiss, and its importance underestimated. As an obstacle to liberating the entrepreneurial spirit throughout the world, I place the understanding and inclusion of cultural norms and practices, including local idioms, anecdotes, and legends, at the top of the list of challenges needing to be overcome.

As a Peace Corps Volunteer in East Timor in 2003 - 2004, still the world’s newest country, I learned the importance of this firsthand. I was provided an opportunity to transcend mere theories of globalization and personally witness the consequences, both positive and negative, of what really happens outside of the political and economic spheres of influence and decision-making in Washington D.C. and New York City, et al. I found there is a massive chasm between theory and practice, one in which the people on the ground are affected in ways unimaginable to the people who make the decisions. Based on the “culture gap,” I observed natives of both East Timor and Peru (where I lived and worked for a year with my fiancee, Maggie, creating a micro-credit nonprofit organization after my Peace Corps service) shun even the most positive of intentions.

While researching my masters’ thesis, I pin-pointed what I believe to be the area which needs the most improvement for those people, businesses, and institutions that desire to transform the world – the comprehension of and inclusion of local culture. Consider the following entry in my journal on 9 September 2003, six months into my Peace Corps service:

This culture is at times very difficult. I don't want to drink 500 cups of coffee throughout the day, sometimes (most of the time) I just need to ask one question, or give one answer, or give one invitation to a meeting, whatever. This doesn't mean I want coffee, beetle nut, or a 3rd or 4th or 10th lunch or dinner. But the culture says that I must do these things, that I must follow their ways. Otherwise, nothing will be accomplished.

I learned very quickly that I needed to do what the Timorese did in order to do anything with the people of my village and, yes, that meant that my teeth were temporarily stained red from chewing beetle nut several times a day. Chewing on beetle nut, mixed with ground lime (from baked coral) and the leaves from a locally grown tree is one of the most important aspects of Timorese culture, and it plays a fundamental part in their animistic traditions, restorative justice practices, and just passing the time. This is only one example of the countless things that I learned to do during my time there so that my work and ideas would not be passed off as the crazy ramblings of an outsider unaware of how things are done in their communities.

Respecting and connecting with local culture allows for the outsider to step into another world, to experience things that go way beyond the comfort zone at times, and as a result provides knowledge that no book (or even this article) can successfully impart; within every culture there are dozens – hundreds – of micro cultures, and through the learning of them one is able to figure out exactly how to begin on the journey of working to create a better world without offending and turning the locals away.

Portuguese colonized the island now known as East Timor in the 17th Century, and upon their departure in 1974, Indonesia invaded and occupied. The U.N. overwhelmingly condemned it and continually called it illegal throughout the 24-year occupation. On 30 August 1999, under the supervision of the U.N., 78% of the Timorese voted for independence and finally received it on 20 May 2002. There was also a significant U.N. presence from May 1999 until the end of 2003 when their departure began. During the Indonesian occupation of East Timor disappearances, torture, and murder were daily events resulting in 1/3 of the population ceasing to exist.

Formal vs. Traditional Law

Traditional law does not exist in the United States and therefore Americans have no context for the importance of it in other countries. I confronted this issue early in my Peace Corps experience in Timor LoroSae (East Timor) and the conflicting views about traditional and formal law:

24 August 2003. How is a problem to be solved? Traditionally, which keeps communities close, or legally, involving the courts, jails, fines, and at the same time tying up the court’s time while they will still be dealing with Crimes Against Humanity and trying to extradite already indicted Indonesians, at large and protected by the Indonesian Government, for years to come?

Democratically, the latter must be chosen. Traditionally, the former must be chosen, and it is also the preferred method for everyone. I've spoken at great length about this issue with the Timorese as well as U.N. workers.

Rule of law is an important aspect of democratic ideals, and its introduction to countries is a central part of nation-building. But the entry of democratic principles to a country that has for thousands of years relied on a system that is distinctly different from liberal democracy must be done carefully so as to not disrupt important traditional practices and related social cohesion.

According to earlier Chinese reports, long before “the arrival of the colonial powers the Timorese had been accustomed to ordered and structured ways of life. Indeed, almost all commentators agree that [Timor LoroSae] was comprised of kingdoms and rulers implying well-established, indeed fundamental, ideas about order and political relations, and this was a characteristic of pre-European colonization.1 Before the Portuguese arrived in the mid 17th Century, it is estimated that forty-seven of these kingdoms existed. Each of these small societies was organized into social and political groups, united through marriages and expressing their relationships through political alliances in the form of kinship, with a strong emphasis on culture and tradition. In this context, customary law, or traditional law, provides the means of safeguarding social life and controlling social behavior based on kinship relations. The preservation of communities and families is of paramount importance, and this is accomplished through the use of traditional law.

To ignore traditional law in Timor LoroSae is to commit societal and political suicide. The Chefe do Suco (traditional village chief) is “clearly the most respected mediator for personal or property disputes.” Over half of the people in an Asia Foundation survey remarked that they would turn to the village chief to resolve a problem. Indeed, people have more confidence in traditional methods of problem solving than in the political processes of liberal government.2 The following story illustrates the necessity of considering and including cultural influences on the impact of implementing policies and creating a balance between traditional and formal law.

For approximately the first six months of living in my village there was still a significant Australian-led international peacekeeping force presence in the country. I befriended several Australian troops during this time and we often debated what witnessed in the new Timorese government and in the villages. One particular encounter with a Lieutenant stands out.

He expressed to me that he saw little hope for the future of the world’s newest country as a result of one specific issue; the enforcement of the democratically introduced formal law was undermined by the centuries-old method of solving problems at the local level. He described to me that if the people cannot or are not willing to submit to the process of solving problems through the use of first the police and then the court system, that the country has little hope. Perhaps the best aspect of Peace Corps life is that Volunteers do much more than simply read about a specific country and its culture, we get involved and become an active participant in a cultural and social system. The Lieutenant and his fellow soldiers were not charged with anything but keeping the peace and, though they had translators, their tasks had nothing to do with analyzing the system that they were tasked with guarding. I was an inside participant observer with intimate knowledge of the culture whereas U.N. soldiers was nothing more than outsiders looking in.

I do not recall the incident the Lieutenant witnessed, but I know exactly what he was talking about through my own personal experiences. One night in August 2003, I heard a commotion next door to my house that soon escalated into a full-blown argument. I locked myself in my room and told myself that I needed to stay out of it all. The next morning I learned that one of my neighbors was drunk and began to argue with Chefe do Suco Valentin. As he became belligerent and unwilling to listen to the reasoning of those sober people around him, he pulled a knife on another neighbor and the Chefe.

There were only two police officers assigned to my village; both from the village. They stood on the outskirts of the argument and allowed the Chefe to do his job as the local traditional leader; he solves problems, not the police, just as the Timorese had done for centuries. Even as the knife was pulled, the police officers stood back waiting for the word from Chefe, and only stepped in when he told them to. The man was arrested and taken to the district police headquarters.

The next morning, when he was released, the Chefe do Suco and the Consulo de Katuas (council of elders) sat with him and arranged the penalty. They insisted that the man be kept out of the court system and taken back to the village in order to pay retributions according to tradition. Again, the police officers stood by and did not question the process. Back in our village, it was decided that the aggressive man was to pay both families that he threatened with a cow, a goat, and two jugs of tua (palm wine) each. Then there was to be a party with all three families, including the perpetrators family, in which both cows, both goats, and all four jugs of tua were to be consumed.

This justice based on traditional law is widespread throughout the whole country and it is the way things have been done for centuries, if not millennia. Even with the introduction of formal law and formal court systems, These traditional practices maintain deep and persistent influence. Cultures do change, but change occurs slowly. However, in the case of keeping problems confined to the village level, when it comes to traditional law, change will be long in coming, if ever. As this case illustrates, traditional law is economical and efficient,as it promotes reconciliation among all affected parties who collectively eat, drink, and dance until the sun comes up.

The Australian Lieutenant found this form of traditional law to be in violation of democratic principles and thus the beginning of the downfall of Timor LoroSae. His argument was that the formal processes, the police and court system, were brushed aside and thus would never have legitimacy. Personally, I witnessed traditional law to be effective in solving problems; not only are the people unfamiliar with formal law (except for the brutal and unjust Indonesian laws that applied for twenty-four years), but they will continue to do what works for them, regardless of what U.N. experts and the international community say. In the case of Indonesian laws, the Timorese are distrustful and fearful of a formal system because in their experiences, formal law was never consistent or fair. The Indonesian legacy has tentacles that reach far and deep and will continue to dictate what will be done at the local level. This is something that the Lieutenant did not and cannot understand.

However, his assertion was correct. Democracy states that rule of law – formal law – must be used, yet it is openly ignored by the Timorese. Exporting democracy necessarily means that conflict will ensue as democratic principles contradict traditional methods that are much more than a way of life; traditions and adat (culture) are lulik (sacred) and there is no room for alteration, at least not to the Timorese. The Lieutenant was not alone in assuming that traditional law can transform itself into formal law as the U.N. continually pushed for its acceptance.

On 22 April 1992 the CNRM (the umbrella group of all anti-Indonesia groups operating inside Timor LoroSae throughout the illegal occupation) peace plan was presented to a meeting of the European Parliament in Brussels. The plan consisted of three phases over 10 years for the independence of Timor LoroSae. The overall theme consisted of a non-revenge policy and reconciliation with Indonesia. It spoke of forgiveness and moving on and specifically of restorative justice. Seventeen years into a brutal and bloody illegal occupation by Indonesia, these traditional values trumped what we in the West consider natural reactions; to get revenge and get even.

These Timorese traditions of conflict management will not change, even with the introduction of formal democratic law as demonstrated at a meeting I attended on 27 September 2003. At a Bazartete Sub-district meeting with representatives of the Liquica District government, the District Administrator expressed that in dealing with crime and other problems, traditional law was to be used. It was advised that the police should not be called for anything except for major crimes like murder and domestic violence. The message was clear; problems are to be solved from within the community.

Timorese traditional law plays a major part in Timorese identity and in maintaining order an d peace, yet democratic principles and formal law continue to be pushed upon an unwilling people.

This story is merely a drop in a very large bucket of compiled experiences of mine and my fellow Peace Corps Volunteers. It is clear, while considering our collective experiences, that a pattern of cultural ignorance was established throughout the work of the U.N., despite their honorable intentions. Perhaps the lesson in all of this: Ignorance and/or the unwillingness to learn about what will work in other cultures will lead to unnecessary suffering.

I deeply believe in working to create a better world through entrepreneurial activities in which creativity and freedom of thought thrive. But what do we do if a culture does not necessarily allow for people speaking their minds due to traditional authority and leadership? What do we do when very basic supply and demand economics are unknown because a culture has no context for these terms or practices? What do we do when, while working to educate or create jobs or tap into one’s creative processes, we are told that “that's not how we do it here?” When these questions came up in East Timor and Peru, I had to figure out a way to proceed with my work and ideas, but within the framework of the culture of the respective country. I learned a great lesson in patience through this experience.

With respect to liberating the entrepreneurial spirit, this story is intended to raise questions more than to propose answers. While we discover how to liberate the entrepreneurial spirit in another culture, we must remember that laughter is a universal trait, and that making jokes demonstrating cultural understanding go a long, long way in gaining trust of the people and fully integrating. One day in Peru, Maggie and I were eating chicken soup (with the skin and bones) at the house of one of the women that we worked with and served, Maria Chucho. I looked into my bowl and started to shiver, saying that I was cold. Confused, Maria pointed out to me that it was very hot outside and that I was indeed wearing shorts and a t-shirt. I then pointed to my bowl and said “Tengo piel de gallina,” translated as “I have hen skin (the skin of a hen).” You see, piel de gallina is slang for being cold, or as we say in the U.S., “goose bumps.” We laughed at this lame cross-cultural attempt at humor, and I subsequently observed in later meetings and conversations a more relaxed atmosphere and willingness on the women’s part to listen to our thoughts and ideas.

I often imagine how different the world would already be if, in all of our previous attempts at creating a better world, we took into account the absolute importance of culture while implementing our policies and projects and acting on our ideas. Understanding and respecting another culture, at the very least, breaks down barriers and facilitate more effective action.

I conclude that consideration of culture is imperative to effectively promote peace and prosperity through entrepreneurial initiatives. Perhaps if cultural sensitivity were applied in the earliest days of the U.N. presence in East Timor, we would not be witnessing death and destruction just four years after a country, a people, and a culture that I love dearly and identify with, received their dream of Ukun-an (self-rule).

Footnotes

1. Soares, D.C.B. (1999). A Brief Overview of the Role of Customary Law in East Timor. Symposium on East Timor, Indonesia and the Region.
2. Asia Foundation. (2002, January). Timor LoroSae National Survey of Citizen Knowledge. P. 37

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