Post-conflict Peacebuilding: A Lexicon

Transcription

1 Post-conflict Peacebuilding: A Lexicon Edited by VINCENT CHETAIL SUB Hamburg A/ OXPORD UNIVERSITY PRESS

2 Foreword List of Abbreviations List of Authors xvii xix xxiii Introduction: Post-conflict Peacebuilding Ambiguity and Identity 1 Vincent Chetail I. The Meanings and Dilemmas of Post-conflict Peacebuilding 1 Origin and context 1 Definitions and meanings of post-conflict peacebuilding 4 Dilemmas and controversies surrounding post-conflict peacebuilding 7 II. The Actors of Post-conflict Peacebuilding 9 The diversity of actors 9 Peacebuilding operations and missions 11 The Peacebuilding Commission 14 III. A Legal Framework for Post-conflict Peacebuilding 17 Juspost bellum: an emerging field 17 The components of jus post bellum 19 IV. Concluding Remarks: Post-Conflict Peacebuilding Crossing the Bridge from Rhetoric to Reality Capacity-building 34 Volker Turk 34 Origin and context 34 Linguistic and semantic difficulties 35 Possible understandings 36 Official definitions currently used by the main actors 36 Comments on the general definition Safe and secure environment 38 Rule of law reform 39 Confidence-building, reconciliation, and civil society 40 Socio-economic environment Challenges and dilemmas 42 Operational aspects on the basis of lessons learned 43 46

3 vi Civil-military Interface 48 Thierry Tardy Origin and context Official definitions The difficult coexistence of the military and humanitarian agencies The interaction between state and non-state actors The heterogeneity of the actors Nature and degree of civil-military interaction The challenge of coordination The need for a truly inclusive approach Civil Society Thania Paffenholz Origin and context Meaning of the concept Linguistic and semantic distinctions Civil society actors and roles Relevance and understanding of the concept in post-conflict peacebuilding Core components: civil society roles in post-conflict peacebuilding Challenges and dilemmas Challenges of implementation Lessons learned, good practice, and operational aspects Conflict Economies Achim Wennmann Context Possible understandings Linguistic and semantic difficulties Official definitions Comments on the proposed definition

4 vii 78 The economic legacies and cost of conflict 78 The financing of conflict 79 The evolution of conflict economies 80 Actors in conflict economies Economic policy for post-conflict recovery 83 Private sector investment 85 Targeting the revenue sources of armed groups in post-conflict economies 86 The dilemmas of dealing with shadow economies 87 Economic issues in peace processes and peacebuilding Conflict Transformation 92 Laurent Goetschel 92 Origin and context 92 Obstacles of linguistic or semantic nature 93 Possible acceptance and meanings 94 Official definitions Core components 96 Underlying ideological, normative, and institutional issues Best practice 100 Proposal for more efficient implementation Democratic Governance 105 Rama Mani andjana Krause 105 The emergence of the concept of democratic governance 105 Linguistic and semantic difficulties Core components of democratic governance 109 Key actors 110 Driving forces for democratic governance 112 Challenges and dilemmas 113 The relevance of democratic governance in post-conflict peacebuilding Difficulties of implementation 116

5 viii Worst practices 118 Best practices Disarmament, Demobilization, and Reintegration 123 Robert Muggah 123 Origin and context 123 Meanings and official definitions Underlying ideological, normative, and institutional issues 127 Challenges and dilemmas Lessons learned, good practice, and operational aspects 131 The challenges of implementation Free and Fair Elections ' 138 Victor- Yves Ghebali 138 Origin and context 138 Official definitions Guidelines and legal framework 140 Challenges and dilemmas Objectives and functions 143 Lessons learned Human Security 147 Keith Krause 147 Origin and context 147 Evolution and understandings Specific policy initiatives 152 Limits and opportunities for human security: some observations

6 International Crimes Louise Doswald-Beck Origin and purpose Definition and understandings Legal description of'international crimes' Legal difficulties Practical difficulties Best practices Local Ownership Beatrice Pouligny Origin and context Local, national, or insiders? (Local) involvement (Local) participation (Local) empowerment and accountability Local partners and actors of the processes Local resources for peacebuilding Instruments of intervention Ideological contradictions Managing outsiders' invasion Managing timing constraints Developing a dynamic micro-analysis of local socio-political contexts Monitoring interventions Managing 'clientele' relationships Re-enforcing local legitimacy and accountability Supporting knowledge and skills transfer to promote self-help skills Mine Action Davide Orifici and Suzanne Damman Origin and context Official definition ix

7 x 190 Origin of mine action 190 Mine action since the early 1990s three phases Responsibility of mine-affected countries 193 Sound national mine action legislation 194 The evolving context of mine action from conflict to development 194 The implications for mine action 196 Mine action in support of peacebuilding 196 Gender and mine action Non-state Actors 200 Andrew Clapham 200 A subjective term: an expansive definition 200 Non-state actors defined in international texts Obligations with regard to civil society non-state actors 205 Human rights recommendations with regard to non-state actors 206 Monitoring armed groups Engaging with armed groups 208 Holding corporations accountable 209 The problems and potential of engaging non-state actors Peace Operations 213 Nigel White 213 Origin and context 213 Evolution Peacekeeping component 218 Peacebuilding component The challenges of enforcement 220 The role of regional organizations 223 Lessons learned

8 xi Peace Process 228 Bertrand G. Ramcharan 228 Origin and meaning 228 The peace process in the peacemaking phase 229 The peace process in the continuum between peacemaking and peace implementation, and in the post-conflict peacebuilding phase 230 A contemporary definition of'peace process' Promotion: a culture of peace and halting hate media 232 Principles for peace 232 The role of diplomacy and dialogue 232 Prevention of conflicts 234 Peacekeeping and peace observation 238 Development and equity Determining the existence of a peace process 238 The challenge of multiple peace processes 239 Key factors influencing the success of a peace process Private Sector 245 Giles Carbonnier Political economy of war 248 Role and accountability of economic stakeholders 249 Ideological and institutional issues Challenges and dilemmas 251 Recommendations Reconciliation 256 Pierre Hazan 256 Origin 256 Contexts 257 Definitions

9 xii Challenges, operational aspects, and positive or negative experiences 262 Lessons drawn from the past 264 Recommendations Recovery 268 Riccardo Bocco, Pierre Harrisson, and Lucas Oesch Meaning Genealogy Functions and objectives Challenges Lessons learned Operational guidelines Reparation Marco Sassoli Origin Meanings Sources The goals of reparation Forms of reparation The impact on peacebuilding The obligation to make reparations The right to reparation Legal limits to the possibility of waiving one's right to reparation Statutory limitations Proceedings Implementation difficulties Responsibility to Protect Daniel Warner and Gilles Giacca Origin and context Official definition

10 Core components Actors Challenges and dilemmas Challenges of implementation Responsibility to rebuild Return and Reintegration Vicky Tennant Origin and context Meaning The impact on post-conflict peacebuilding Actors Security issues Development component Human rights component The changing context of refugee returns Reintegration programmes The 4Rs approach Rule of Law Vera Gowlland-Debbas and Vassilis Pergantis Origin and evolution Meanings of the rule of law Definitions of the rule of law used by IOs Comments on the general definition given by the contributors Formal components Substantive components Ideological issues Actors Challenges and dilemmas Importance of rule of law projects in post-conflict peacebuilding HI. Implementation Controversies over implementation Appraisal of past practices and concluding remarks xiii

11 xiv Security Sector Reform 337 Heiner Ha'nggi 337 Origin and context 337 Understandings Core components 341 SSR and the post-conflict environment The challenges of implementation 344 Lessons learned State-building 350 Marwa Daoudy 350 Origin and context 350 Semantic and linguistic difficulties Premises and dilemmas of state-building 352 The elusive concept of sovereignty Past experiences 355 Assessment of institutional practices Transitional Administration 359 Richard Caplan Objectives and functions 361 The normative basis 362 The multilateral nature The challenges of implementation 364 Lessons learned Transitional Justice 368 Anne-Marie La Rosa andxavier Philippe 368 Origin and context 368

12 Linguistic and semantic issues Meanings Official definitions used by international organizations and the different stakeholders Truth-seeking Reparations Law enforcement Sanctions Ideological and institutional stakes The challenges of implementation Operational aspects and lessons learned Index 381