Category Archives: Rule of Law

African Armies Governance: An expected transformation

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Last year I wrote an article emphasizing the climate of uncertainty which prevailed within several African military institutions in particular Chad, Ivory Coast and Somalia, to take only these examples. Several countries being in phase of reconstruction because of successive military and political crises, know difficulties rebuilding their armies and maintaining a certain cohesion or often an exemplary discipline. Gambia, Mali and Burkina Faso, are examples of country among which the armies for diverse reasons, remain fragile in spite of all the efforts of current reconstruction.

One must recognize that, the largest number of countries which armies are fragile, is because of internal crises and because of political manipulation of the military tool. The political instrumentalization for purposes of positioning, remains the main cause of the diverse unrests but you should not either hide the insufficiency of governance of these armies. The case of Chad reminds us of how much the non-payment of bonuses due to soldiers who intervened within a UN framework, is an aberration regarding  the governance of the defense sector. Worse, the Chadian President requested the international financial support, to support the actions of his soldiers in Mali within the framework of the fight against terrorism and it was the object of no reaction. Let us not forget that Chad remains one of the most committed countries in the fight against terror.

How do these countries manage not being able to settle arrears of bonuses promised in a context or an other one? How do they manage not to anticipate these unrests within the armies being regularly transformed into mutinies? It seems that the weaknesses of these countries are at the level of the governance of their armies. A Coherent and active governance of the Defense sector effectively allows to anticipate major crises such as mutinies. The governance of the Defense sector rests essentially on the bodies of the armies in charge of governance, which are  the inspection and control services, contributing to the stability of the military institution. Besides another mechanism of anticipation and governance of the Defense sector is the National Assembly which through democratic control of the armies, provides coherent governance of the military and alerts on possible deficiencies to consider. In fact this is about a major gouvernance watch device based on internal mechanisms to the armies (inspection and control) but also over external mechanisms (Civil society, NGOs, National Assembly, etc.) to anticipate crises which can destabilize the concerned countries.

So, the transformation of African armies on the basis of a sincere commitment of the decision-makers, is imperative more than ever. The general unrest of the armies which very often is only an accumulation of dysfunctions from inheritance, must be handled frontally with realism and political courage. When it turns out to be necessary, a simple revision can settle this discontent through a Security Sector Reform (SSR), in the worst case, a revival (dissolution and reconstruction) of the armies is inevitable. In any case, a brave political will matched by a consequent defence budget, determines the success of such an initiative, wether it is about restructuring, revision, or dissolution with the aim of reconstruction.

Outside the African continent, several countries experimented the dissolution of the armies with mixed results (Costa Rica, Haiti and Panama). For Costa Rica and Panama, the effort was put on a well equipped police force and Defense agreements, as for Haiti, which had dissolved its army in 1996, reconstruction was engaged since 2014. We thus recommend on the basis of this observation of general unrest of the African armies, that the African Union ( AU) can convene an emergency meeting to examine this thorny question and to establish an African special program for armies reconstruction of countries wishing it. This program could be financed by the AU countries themselves but also with the bilateral and multilateral cooperations. Finally, A fund raising campaign could support this vast continental program.

Building Security and Justice After Conflict – Student Position Papers

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At the end of the SCID Course, students are asked to reflect upon the whole Course and write a position paper (of about 750 words). The paper should be on an issue related to building security and justice in post-conflict environments that they feel most passionate about which requires attention by, at least an element of, the international community. The postscript to the paper summarises reasons why effective action has not been taken to date. Students are asked to draw on their own experience and knowledge as well as academic material, with the aim of persuading the reader to agree with the position put forward and, if necessary, to act, while displaying academic writing and analytical skills.

Those papers that secured a Merit or Distinction (i.e. above 60%) are reproduced on this Blog (below and on a new page entitled Building Security and Justice after Conflict – Student Position Papers). Congratulations to all students who did so well and to everyone in the March 2015 intake for completing the whole course – and all the very best with your dissertations.

I hope you enjoy reading the following position papers as much as I did. Please share, like, and comment.

Best wishes, Eleanor

Colombian People Reject Peace Deal with FARC

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Last Sunday, 02 October 2016, the Colombian people voted against the peace agreement between the Government of Colombia and the Revolutionary Armed Forces of Colombia (FARC, Fuerzas Armadas Revolucionarias de Colombia), which was signed a week earlier on 26 September. This significantly undermines the prospects of ending one of the world’s most intractable conflicts, which the recent historic peace agreement had the promise of doing.

The Plebiscite

A little over half (50.2%) of those who voted in the plebiscite on 02 October, voted against the peace agreement between the Government of Colombia and FARC. Many of those who voted against the peace agreement are thought to have done so because the agreement was seen as enabling FARC guerrillas, who are seen by many as terrorists or criminals, to avoid punishment for wrong-doing and even secure legitimate places in the political administration; there is a distrust of those who have reached the agreement and a fear of what the agreement will lead to (Miroff, 2016). In general terms, the vote against the peace agreement is viewed as lack of confidence in the agreement rather than in a lack of commitment to securing a sustainable peace.

Crucially, less than 40% of Colombians voted (in part due to adverse weather conditions which made it difficult to travel to voting polls, especially in rural areas). Of those who did vote, the majority were from rural areas, which are generally the most affected by the conflict – with the notable exception of Bogotá, which voted in favour of the peace deal (Idler, 2016).

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Peace Agreement

The peace agreement was historic, signalling the end of one of the longest-running armed conflict in the world. It followed the signing of a bilateral ceasefire agreement three months previously, on 23 June, which followed the General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, which was signed by the parties to the conflict on 26 August 2012.

The General Agreement established a six-point agenda for the negotiations. The most politically-charged agenda point concerned the rights of victims. On 15 December 2015, an Agreement on the Victims of the Conflict was reached. Upon coming into affects, this agreement would establish a number of transitional justice mechanisms. These include a Truth, Coexistence and Non-Repetition Commission and a Special Jurisdiction for Peace with chambers, a Tribunal for Peace and a Unit for Investigation. The Special Jurisdiction for Peace will have jurisdiction for prosecuting members of FARC and the state armed forces for grave violations of human rights and international humanitarian law committed while participating “directly or indirectly” in the armed conflict. Focus will be on those with command responsibility and, in an effort to promote peace, sentences will be significantly reduced including non-custodial sentences for those who acknowledged their responsibility.

The Agreement on the Victims of the Conflict was positive in that it was negotiated rather than imposed and uniquely built upon considerable contributions from representatives of victims associations. However, as the plebiscite result reveals, there is considerable disquiet that many members of FARC will not be held accountable for crimes committed (if the crimes they committed carried less gravity, or they did not have command responsibility or even if they can show they did not know what was happening under their command). The plebiscite result also shows that while the agreement negotiations were inclusive and consultative processes, they were clearly not wholly inclusive or responsive to the needs and concerns of all groups.

Intractable Conflict

The conflict between the Government armed forces and FARC has lasted for 52 years. It is both one of the longest internal conflicts in the world and has a magnitude of harm surpassed by few other conflicts, although often overlooked beyond Latin America. Approximately 220,000 people have been killed, about 80% of whom were civilians, and there have been over 100,000 registered forcibly disappeared persons, and tens of thousands of kidnappings (BBC 2016; Bouvier and Haugaard 2016). For many years, Colombia has recorded the second highest number of recorded deaths from mines or explosive remnants of war (ERW) among all countries, with more deaths only in Afghanistan (Landmine and Cluster Munitions Monitor 2016). Colombia also has one of the world’s highest number of internally displaced persons (Internal Displacement Monitoring Centre 2016). By the summer of 2016, the Unit for Victims’ Reparation counted over 8 million officially-registered victims (Rueda 2016). The UN also estimates that there are 5.8 million people currently in need of humanitarian assistance (UNOCHA 2016).

Even though the Government of Colombia and FARC have expressed commitment to the ceasefire, there is significant cause for concern that what has been achieved over the last 4 years of peace negotiations may be undone. The ‘no’ vote is an added challenge to the many facing Colombia as it transitions to peace.

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Peacebuilding Challenges

The ‘no’ vote has demonstrated that there are significant socio-psychological challenges associated with moving away from a conflict that has lasted over half a century. In the first instance, accepting that there has been an armed conflict rather than efforts to counter terrorism and organised crime – as has often been portrayed by the state and accepted by large sections of the population – will be a challenge. It is necessary, of course, to accept there has been a conflict if the peace process is to be successful. While it is important that people feel justice has prevailed and those who have been responsible for atrocities are held to account, there is little hope that FARC will commit to a new peace agreement which results in criminal prosecutions for many of their members. This may mean that even before a new peace deal is negotiated, FARC members may join other guerrilla or armed criminal groups.

Moreover, the results of the plebiscite indicate that it is not, in fact, those people who may been victims of the conflict that have voted against what they see as treating FARC too leniently; aside from the capital, it was generally the urban centres rather than the rural locations, which the conflict has tended to hit hardest, that people voted against the peace agreement. There is a need, therefore, to encourage those from urban centres, who may have seen less of the conflict than their compatriots in rural locations, to consider that there has indeed been a conflict, which needs to be addressed by peacebuilding measures, rather than a fight against terrorist activities, which needs to be addressed with criminal sanctions.

Even moving beyond the ‘no’ vote and engaging in peace education among all groups, there are many other immediate challenges to the prospective peacebuilding process.

In the first instance, any agreement between the Government of Colombia and FARC will only address the conflict with FARC and not the other guerrilla groups active in Colombia, notably, Ejército de Liberación Nacional (ELN – in English, National Liberation Army), the second largest guerrilla group after FARC. The peace deal will also not address the presence and activities of armed criminal groups (former/quasi paramilitary groups) or BACRIM as referred to in Colombia (bandas criminales emergentes – ‘emerging criminal bands’). The prospective demobilisation of FARC also carries the risk of other guerrilla or criminal groups taking control of formerly-FARC controlled territory and criminal enterprises. Preparations are already afoot for such reorganisation, which is likely to result, at least in the short-term, in increased levels of violence associated with organised crime.

Organised crime in itself poses one of the greatest threats to the prospective peacebuilding process. Organised crime has a stranglehold on Colombian society, and has helped sustain and escalate the conflict and undermine security and the rule of law. High levels of impunity and links between guerrilla forces, armed criminal groups and the state in organised criminal networks will continue to undermine security and the prospect for peace.

Other threats to the peace process are typical of a post-conflict environment, and include the proliferation of small arms; the normalisation of violence; the psychological impact of trauma engendering distrust and fear; insecurity and an absence of the rule of law; and lack of confidence in the state and its ability to provide services. In many parts of Colombia, particularly rural, peripheral and border areas the state and its institutions lack any presence or legitimacy. These places have tended to be trapped in cycles of violence and poverty, and exploited by illegal armed groups.

Extremely high levels of human rights violations – notably against human rights defenders, women, indigenous leaders, Afro-descendant community leaders, trade union representatives, and journalists – also threaten to jeopardise a prospective peace. Colombia has one of the worst records of assassinations of human rights defenders: last year, over 54 human rights defenders were killed (The Inter-American Commission on Human Rights 2016). This constitutes about a third of all global deaths of human rights defenders that year (Front Line Defenders 2016). High levels of impunity and corruption, widespread presence of guerrilla and armed criminal groups, and lack of state presence or legitimacy, combine to help ensure the high level of human rights violations will continue – even after a peace agreement comes into effect– unless these enabling and causal factors are addressed. And unless they are, any peace secured will be piecemeal and short-term.

In addition, there are significant socio-economic inequalities and a huge gap between the rich and the poor. These factors can fuel grievances. They can also leave the poor vulnerable to further victimisation and creates the conditions which justify or deny crimes against them. Unless a peace agreement addresses these socio-economic disparities, the peace process will not bring peace and security to those who remain the most vulnerable to insecurity and violence. Consequently, any peace will be fragmentary and unsustainable, and the poor will remain vulnerable to exploitation, violence and other crimes.

There are also significant humanitarian challenges as a result of the conflict and a concern that those in need of humanitarian assistance may be overlooked in the peace process. These challenges are also likely to test a prospective fragile peace.

Even if agreements are renegotiated and received broad-based support, implementation of those agreements will be much more difficult than the process of reaching those agreements. Issues concerning transitional justice, land restitution and the demilitarisation, demobilisation and reintegration of FARC combatants will always be highly sensitive and pose challenges to the peace process. These challenges are compounded by poor economic conditions and limited resources to invest in peacebuilding. Generating additional funds to support peacebuilding internally will be difficult as it will involve raising taxes among those who have – in large part – regarded FARC as terrorists rather than combatants engaged in armed conflict.

Nonetheless, there is the promise the negotiations between the Government of Colombia and FARC will recommence and include former president Álvaro Uribe, an influential leader of the ‘no’ campaign. More inclusive peace talks, including those who campaigned against the peace agreement, could result in a more workable agreement and one which responds to the concerns and fears of all groups. There is still the commitment of parties to the conflict to negotiate a peace agreement. Now what is required is public commitment to a proposed peace. This requires that the public are more engaged in the negotiation process – to both be informed by it and inform it.

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References

BBC (2016) ‘Colombia Farc: Ceasefire signed to end five decades of war’, BBC News, 23 June 2016. Available online at http://www.bbc.co.uk/news/world-latin-america-36611952 (accessed 05 October 2016).

Bouvier, V. and Haugaard, L. (2016) ‘Colombia’s Peace Accord on the Missing’, USIP Peace Brief 211, July 2016, Washington: USIP. Available online at http://www.usip.org/publications/2016/07/25/colombia-s-peace-accord-the-missing#.V5ZS9Jsj1-Q.twitter (accessed 05 October 2016).

Front Line Defenders (2016) Annual Report 2016. Dublin: Front Line, the International Foundation for the Protection of Human Rights Defenders. Available online at https://www.frontlinedefenders.org/en/resource-publication/2016-annual-report (accessed 25 July 2016).

Idler, A. (2016) ‘Colombia just voted no on its plebiscite for peace. Here’s why and what it means’, The Washington Post, 02 October 2016. Available at https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/03/colombia-just-voted-no-on-its-referendum-for-peace-heres-why-and-what-it-means/ (accessed 05 October 2016).

Inter-American Commission on Human Rights (IACHR) (2016) ‘IACHR Condemns Killings and Threats Directed against Human Rights Defenders in Colombia’, Press Release, 25 February 2015. Available online at http://www.oas.org/en/iachr/media_center/PReleases/2016/021.asp (accessed 25 July 2016).

Internal Displacement Monitoring Centre (2016) Global Report in Internal Displacement. Geneva: Internal Displacement Monitoring Centre (IDMC). Available online at http://www.internal-displacement.org/assets/publications/2016/2016-global-report-internal-displacement-IDMC.pdf (accessed 05 October 2016).

Landmine and Cluster Munitions Monitor (2016) ‘Colombia’, Country Profile, Geneva: Landmine and Cluster Munitions Monitor. Available online at http://www.the-monitor.org/en-gb/reports/2016/colombia/casualties-and-victim-assistance.aspx (accessed 05 October 2016).

Miroff, N. (2016) ‘Colombians vote against historic peace agreement with FARC rebels’, The Washington Post, 02 October 2016. Available online at https://www.washingtonpost.com/world/colombians-vote-on-historic-peace-agreement-with-farc-rebels/2016/10/02/8ef1a2a2-84b4-11e6-b57d-dd49277af02f_story.html?tid=a_inl#comments (accessed 05 October 2016).

Rueda, L. (2016) ‘One step closer to peace in Colombia: implications for accountability’, Centre for International Criminal Justice (CICJ) Commentary, Amsterdam: CICJ. Available online at https://cicj.org/2016/06/one-step-closer-to-peace-in-colombia-implications-for-the-accountability-for-international-crimes/ (accessed 05 October 2016).

UNOCHA (2016) Humanitarian Needs Overview: 2016. Bogotá: United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA). Available online at http://reliefweb.int/sites/reliefweb.int/files/resources/2016_colombia_hno.pdf (accessed 05 October 2016).

 

 

NATIONAL SECURITY IN COTE D’IVOIRE: 2 LAWS PASSED!

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January 13th, 2016, President Ouattara of Cote D Ivoire, promulgated two major laws on National Security. On one hand the Law N°2016-09 related to the Programming of Internal Security Forces for the years 2016-2020 and on the other hand the Law N°2016-10, related to Military Programming for the years 2016-2020. Besides the legal dimension of these laws, we praise their existence for security systems in Ivory Coast. Indeed, these two laws were expected for several decades without being a priority for the successive governments until recently, in 2012. How is it possible that for many years, governments could not find any coherence between National Security functioning and its organization? Several reasons seem to have delayed the formulation of these laws, in particular the years of military crises which affected the country.

It is at the end of the political crisis of 2011, that security systems in Ivory Coast knew a period of significant reforms, materialized by the Security Sector Reform (SSR). This reform allowed between 2011 and 2015, to formulate the major texts of National Security among which, the Strategy for National Security and the SSR Strategy. Defence and Internal Security merged to make only one through National Security concept. The measures retained within the framework of the SSR program, were scheduled in their execution over several years by being classified as short, medium and long-term reforms. All the short-term reforms have been implemented, they included in particular the formulation of texts related to National Security.

Furthermore, what makes those two laws decisive, is the fact that they allow to rationalize the implementation of the National Security Policy. Indeed, these laws register the investments and the diverse expenses for security over 04 years in a coherence and an unprecedented programming. The real challenge thus becomes their effective implementation. From a point of view of National Security governance, these laws translate and imply a level of transparency, accountability and integrity on behalf of the security and defence institutions. Their promulgation makes them open to the public, for consultation and especially allows the National Assembly, to play completely its role of democratic scrutiny and control of those institutions.

Apparently, passing a law on a precise subject does not imply its effective consideration. It is for that reason, that it seems more than ever essential that both ministries (Defence and Security) in charge of the implementation of the promulgated laws, are equipped with follow-up and evaluation mechanisms. Moreover, the National Assembly through its specialized commissions will be responsible for monitoring the implementation of those two laws.

As a consequence, big challenges await the institutions concerned by these two laws, we focus on the following: 1/ the translation of both laws in specific implementation directives or sectorial Action plans at the operational level; 2/ the introduction of reframing, follow-up and evaluation mechanisms  for the effective implementation of both laws ; 3/ the adherence by all National Security actors to the execution of those two laws; 4/ the consideration of a set of measures to facilitate the cut in staff, the reorganization of the structures and the operational capacity building of security forces; 5/ the annual revision of the aforementioned laws by the National Assembly; 6/ the adaptability of the laws facing diffuse and evolving threats; 7/ a significant national effort to mobilize the resources necessary for the implementation of the two laws; 8/ the progressive empowerment of National Security forces through the creation of a national civilian-Defence Industry for the production of goods both for military and civilian use; 9/ the effective accountability of the security institutions through regular reports made available to the National Assembly as for the good execution of the measures contained in the laws and a publication of the annual results ; 10/ the preservation of a budgetary credibility!

By JF CURTIS

 

America’s Unacknowledged Insurgency: Addressing Street Gangs as Threats to National Security

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The link below  directs readers to a recent article from the  Small Wars Journal. 

While the subject matter falls outside the discipline of post-conflict studies, it nevertheless provides an opportunity for widening understanding on conflict prevention as it intersects with organised crime,  street gang insurgency, transnational threats, proxy actors, and the infiltration and undermining of law enforcement, military, and criminal justice systems. The article also provides a window for examining the dynamics of globalisation and the New Wars paradigm as they potentially threaten  ‘first world’ realities.

America’s Unacknowledged Insurgency: Addressing Street Gangs as Threats to National Security

Security Sector in a Law-Based State: A Short Guide for Practitioners and Others – Dr David Chuter

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David ChuterIn the link below is a pre-publication book by Dr David Chuter, member of the SCID Panel of Experts, entitled The Security Sector in a Law-Based State: A Short Guide for Practitioners and Others. This is an invaluable resource which provides an outstanding and comprehensive introduction to the rule of law and, specifically, how to manage the security sector in a law-based state, which fills a significant gap in the current literature.

David has very kindly shared his book with us before formal publication. Should you have any comments, please share them with David at dmc1952@me.com. If you refer to this work, please cite as follows: Chuter, D. (2015) The Security Sector in a Law-Based State: A Short Guide for Practitioners and Others. Pre-publication edition. Available at www.uolscid.wordpress.com (Accessed: [date]).

On behalf of us all, I would like to very warmly thank David for generously sharing this excellent book with us.

Best wishes, Eleanor

SCID Panel of Experts – Online Guest Lecture – Dr David Chuter – The Rule of Law: What’s it Good For?

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This is the 9th Online Guest Lecture by members of the SCID Panel of Experts. Dr David Chuter presents a lecture entitled The Rule of Law: What’s it Good For?

DC Guest Lecture June 2015The complicated and frequently contradictory discourse surrounding what is often called the “Rule of Law” tends to conceal an issue of great political importance: the relationship between the state and the people, and how the state chooses to enforce (or not) the peoples’ norms and standards. This Lecture focuses on the rather different norms and traditions which are uneasily combined in the concept of the “Rule of Law”, and the practical difficulties involved in trying to apply that concept, in Western societies as much as elsewhere.

This Lecture will be an essential resource for SCID students in its discussion of the rule of law, how it is variously defined and understood and, essentially, the relationship between the state and its citizens. Moreover, its importance lies in encouraging a critical reflection upon the amorphous and often ambiguous terms frequently used with the field of post-conflict intervention (rule of law, governance, development and so on).

Click on the link below to access David’s Lecture (it is large so it will take a while to download). Please submit any questions or comments within the next two weeks for David’s attention and/or discussion by other SCID Panel members, students and staff.

David Chuter Guest Lecture RoL June 2015