BOGOTÁ MEETING April

Transcription

1 REPORT FROM THE BOGOTÁ MEETING April Controlling territory and building security and justice in post-conflict contexts

2 1. Introduction The Citizen Security Dialogues are designed to create a space for critical debate and reflection on the most worrisome security and safety challenges in Latin America and Africa. The Dialogue held in Bogotá on the 16th and 17th of April 2015 was the latest of a series of four international seminars to be held in cities in the developing world (the other three were in Rio de Janeiro, Mexico City, and Cape Town). The objective of the Dialogues is to offer a forum for senior policy makers, practitioners, and scholars to discuss the next generation of citizen security measures in Colombia. The country is currently holding negotiations to end the armed conflict, which in turn has renewed discussion on several topics including the need for and challenges of stabilization measures and of providing security and justice in remote areas in the country, and the role of police, military, and communities in the promotion of peace and security, among other topics. Discussions on these topics in the Dialogues were complemented with a special session to review the post-2015 development agenda, in particular Goal 16, which addresses peace, justice, and inclusive development. The objective of the Dialogues is to offer a forum for senior policy makers, practitioners, and scholars to discuss the next generation of citizen security measures in Colombia. The country is currently holding negotiations to end the armed conflict, which in turn has renewed discussion on several topics including the need for and challenges of stabilization measures and of providing security and justice in remote areas in the country, and the role of police, military, and communities in the promotion of peace and security, among other topics. The Dialogue in Bogotá was called Controlling territory and building security and justice in post-conflict contexts, and aimed to address innovations to recover territorial control and restore legitimacy in so-called ungoverned spaces, and practicable ways to diminish organized crime in urban settings and thereby facilitate continued development. The Colombian Dialogues in Bogotá from Thursday April 16th to Friday April 17th saw high levels of attendance, with the presence of approximately 50 participants on each of the two days of the event. 1 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

3 ABOUT THE CITIZEN SECURITY DIALOGUES The Citizen Security Dialogues are a three-year initiative ( ) intended to examine what works and what does not work in relation to public security. They are coordinated by the Brazil-based Igarapé Institute with support from the International Development Research Centre, the Inter-American Development Bank, the Open Society Initiative, and German Development Cooperation. Their core activities include four conferences in Rio de Janeiro (hosted by Igarapé Institute in March 2014), Mexico (Insyde in November 2014), Cape Town (African Policing Civilian Oversight Forum in February 2015), 1 and Bogotá (Fundación Ideas para la Paz-FIP in April 2015). These events brought together leading government, private sector, and academic experts to discuss new innovative social technologies that have successfully strengthened public security. The cities selected for the Dialogues highlighted the range of contexts in which armed violence occurs in the developing word: on one hand, Colombia faces high levels of violence in urban settings, but also different manifestations of violence associated with its long-lasting armed conflict and pervasive organized crime. Meanwhile, Brazil currently faces levels of urban violence that compare to war zones in other countries. Mexico, a country not affected by armed conflict, is now dealing with one of the world s most complex situations in terms of organized crime. Finally, South Africa is reconstructing security and justice institutions 20 years after the official conclusion of its conflict. These environments, although they seem very different, provide important insights on addressing citizen security in complex contexts, and provide strategies to cope with violence and insecurity in conflict, non-conflict, and post-conflict settings. 1 Find complete information on the Dialogues, and reports of the events in Rio de Janeiro, Mexico, and Sao Paulo at 2 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

4 2. Main findings by area of discussion 2.1 Post-conflict challenges in Colombia: An informal conversation between General Óscar Naranjo and Joaquín Villalobos The Colombian Dialogues started with an opening talk from the Minister of Postconflict and Security, General Óscar Naranjo, and Joaquin Villalobos, a politician and ex-guerrilla leader from El Salvador. 2 This informal conversation was the perfect setting to discuss topics at the core of the current national debate on post-conflict challenges, especially the risk of a sudden increase in violence after the final peace agreement. 2 General Naranjo was Director of the National Police between 2007 and 2012, and is a member of the National Government negotiating team in the peace process with the FARC. Villalobos is the former chief of the Salvadoran guerrilla group, and signatory of the El Salvador peace agreement signed in Mexico in He is a consultant focusing on security matters and conflict resolution. At the center of the discussion was the State s need to keep control of the territory, which in turn implies the need to maintain the monopoly on the use of force and weapons 3, as well as the need to create conditions for coexistence as the basis for peacebuilding. Territorial control does not just mean providing security, but also includes offering all social services and generating longlasting relationships with communities. These measures also avoid the possibility that illegal groups that have provided these services in 3 General Naranjo indicated that the post-conflict is the perfect time to discuss issues such as whether citizens should have access to guns, and he promoted high levels of weapons control. 3 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

5 Informal conversation between General Óscar Naranjo and Joaquín Villalobos the past could access the communities with the goal of maintaining such control in the future. Having overcome the conflict, the armed forces can focus on providing better protection to citizens. Along these lines of discussion, Villalobos stressed that post-conflict territorial control requires: 1. A qualitative transformation of the armed forces, with army and police fulfilling all requirements of respect for Human Rights, this being not only an ethical requirement but also an important practice that will impact army and policy efficiency. or reduction of the armed forces presence after the conflict is very dangerous, as demonstrated by the case of Guatemala. Police should be professional and specialized, and should use technological tools available to them. 3. Citizens must be included in efforts to build security, and positive citizen relationships must be constructed as they can provide means and information for police action. 4. Effective presence of the State, not only in terms of security, but also in the provision of justice and social services. Repressive measures must be transformed to build a positive relationship with citizens, who are an important element in building security. The transparency and accountability of the armed forces must also be strengthened. 2. A quantitative transformation of the armed forces, which must maintain a presence in all territories. A withdrawal 2.2 Stabilization measures incontexts ofcomplex violence Colombia is negotiating the end to a halfcentury long armed conflict. However, the end of the war does not necessarily guarantee a return to public security and safety. Colombia is affected by many manifestations of violence connected to insurgent groups, fragmented paramilitary groups, criminal organizations, gangs, and others. The next generation of citizen security initiatives in Colombia must take into account a political settlement designed to end both a long-running civil war and other social and political drivers of criminal and drug-related violence. In addition, specific measures must be taken to avoid an increase in violence and crime after the conflict, with controls on demobilized populations, firearms, and other factors associated with the conflict. The country is facing a transition from armed conflict to peace. This stabilization period incorporates the mechanisms required to transform fragile governance into strong rule of law and overall peace. In this context, the most important stabilization measures are DDR (disarmament, demobilization, and reintegration) processes, in which Colombia has significant experience, and SSR (Security Sector Reform). In Colombia, 4 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

6 security sector reforms have taken place outside the context of peace agreements, in general or circumstantial processes of state transformation. The question here is: have these measures successfully concluded cycles of violence in the country so that the State can re-establish itself in the territory? Experience shows that basic stabilization measures are not sufficient. It is crucial to generate trust in the institutions that are going to lead the process of re-establishing the State at the local level, to allow citizens to enjoy the fulfillment of their rights. Another important element has been the creation of institutions that can confront organized crime. This also implies a change in the national security focus from its conflict-centered approach to one that concentrates on citizen security as a priority for all Colombians. The Integral Consolidation Plan in the Macarena (PCIM) was presented as an experience of social and institutional recovery at the regional level. The Macarena region is characterized by the presence of illegal crops and illegal armed groups. This strategy consisted of coordinated action by different institutions to guarantee the integral and permanent presence of the State in the territory. The goal was to establish the conditions that would make economic, social, and institutional development possible in this region. This presentation highlighted that the effectiveness of the strategy was low due to weak coordination between the public entities responsible. South Africa s experience of the challenges implied by the definition and application of the concept of rule of law was essential for observing the challenges faced by that country 20 years after the conflict was over. These challenges center mainly on the regulatory, legal, and normative environment in South Africa, where laws and obligations have different meanings and there is ambiguity regarding the Law and legality. Dr. Barolosky, from the Human Sciences Research Council (South Africa) was interviewed by one of the most important news sources in Colombia, regarding the transformation of South African society. 4 4 El Espectador. April 21st Un proceso de paz ejemplar? Las grietas del pasado en Sudáfrica Available at noticias/elmundo/grietas-del-pasado-sudafrica-articulo Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

7 2.3 Military and law enforcement institutions The armed forces have a very important role in the transition from fragile societies and complex violence to peaceful and safe contexts. This panel explored the role of the armed forces in different contexts, from the limitations of the transformation of the armed forces in South Africa and the fight against drugs trafficking and organized crime in Mexico, to urban violence in Brazil and the role of the armed forces in post-conflict statebuilding in Colombia. In the case of South Africa, the challenges of maintaining public order are enormous, as is shown by high levels of police brutality in the country, such as the case of the Marikana Massacre (2012), which saw almost 50 deaths. This was the single most lethal use of force by South African security forces against civilians since 1960, and occurred 20 years after the official end of the country s conflict. This case highlights the fragility of police reform and the institution s limited preparation to deal with complex situations such as large demonstrations and increasing crime, as well as its lack of strong command and control, education, and resources. In Rio de Janeiro, the Peacemaking Police Unit (UPP) case was highlighted for its modernization of the police in order to assist in urban cases of complex violence. Various evaluations show how the interventions of the UPP have had positive effects on violence reduction in Rio de Janeiro. In the case of Mexico, a country with complex violence in which there are many illegal armed actors and illegal economies, stability is at risk. In this case, more use of force by the armed forces is required, opening the door to the possibility of human rights violations. All of these cases demonstrate the challenges faced by the armed forces both in contexts absent of armed conflict (Brazil and Mexico) and in post-conflict contexts (South Africa). Colombia exhibits these complexities in urban and rural contexts in the conflict, and will face different challenges after the signature of peace agreements. 5 The armed forces, especially the police, have an essential role in changes of citizen security strategy. With respect to rural citizen security policy, the police must take leadership of institutional coordination and make use of existing regional management tools. The focus of action must be on problem solving, based on the analysis of violence and context. 5 See findings about rural security in the post-conflict context in Colombia in the Stability Journal article (Bulla and Guarín, 2015): Rural Security in Colombia: An Opportunity for State Consolidation sta.ga/ 6 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

8 2.4 Organized crime and illegal markets One of the most significant challenges to recover territorial control in the post-conflict context is the existence of multiple organized criminal groups, who maintain themselves thanks to the existence of illegal economies. The end of the armed conflict will not reduce the violence associated with organized crime. In fact, this type of violence could increase if the appropriate measures are not taken. With respect to this issue, the discussion centered on the dynamics of local illegal drug markets in Mexico, where there are complex production and distribution networks at the local level, which adapt to the different specificities of the market and police action. The response to these markets has been limited and is based on the criminalization of small distributors and consumers. There is a need to change the paradigm towards drug regulation. In the Colombian case, in addition to the complexity of organized crime, the challenge is found in neutralizing this illegal activity s impact on the peace talks, and in preventing the reproduction of multiple criminal economies after the conflict. This is especially important considering the complex relationship between actors involved in the peace process and criminal economies. The negotiation should therefore take into account that criminal economies have the ability to destabilize and thereby damage the post-conflict phase. 6 Recognizing the complexity of the criminal groups and the challenges faced by Colombian institutions in investigating and providing justice, the Attorney General s Office presented elements of a new context investigation and research model, which includes components of case association. This new model will be key in confronting Colombia s judicial situation. 6 This idea was developed in the article in Stability Journal (Garzón, 2015): Avoiding the Perfect Storm: Criminal Economies, Spoilers, and the Post-Conflict Phase in Colombia 7 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

9 2.5 Justice and citizen regulation challenges in post-conflict settings One of the most crucial elements in the process of recovering the territory after conflict is the provision of justice. This relates mainly to the fact that during the conflict, the illegal armed groups had their own ways of providing security and justice. Populations who live in the peripheral areas of Colombia, where state institutions are weak or non-existent, are permanently vulnerable to violations because they are not served by institutions that uphold their rights. This is especially clear in the case of justice institutions. Given the current peace process between the Colombian Government and the FARC guerrilla group, and given that eventual agreements from that process imply an enormous institutional challenge in the peripheral regions of the country, how can the local State be strengthened? In addition, what role does justice play in such an institutional strengthening plan? 7. This panel explored the role of local justice in Colombia s post-conflict institutional strengthening process. The panel included the presentation of an experience of community justice from Brazil, with the community playing a central role in justice provision, in an open dialogue system. This model is horizontal and participatory, and includes human rights education, communitybased identification of social problems, and community mediation systems: justice for, in, and by the community. This is a very useful experience for the Colombian case because it allows integration of communities and the State, which is a fundamental part of the construction of territory in the post-conflict context. 7 These questions are developed in the article in Stability Journal (García and Espinosa, 2015) Justice in the Colombian post-conflict phase xx add link 8 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

10 2.6 Community and private sector participation in citizen security As was highlighted in all of the panels during the Dialogues, the reconstruction of the State can only occur if the citizenry has an active role, participates in institutional accountability efforts, and proposes effective interventions to address the problems that affect the population. The discussion stressed the need for the armed forces to coordinate with the citizenry in order to better exercise citizen security. This panel heard varied experiences of citizen participation, including the experience of community police and safety forums in South Africa, the role of private security measures, and citizen oversight and citizen security initiatives in Bogota. In South Africa, community policing forums were considered an important element of the transition from a force to a service, improving police-community relations, which had been fraught during Apartheid. These forums also promote policing oversight at the local level. Nevertheless, this mechanism is affected by limitations on police resources, lack of trust in the police, and the need for further community policing training. In addition, there is another mechanism for community participation - the community safety forums which have a broader mandate on crime and violence prevention. These mechanisms also confront limitations in terms of funding and institutional capacity. The Bogota Chamber of Commerce presented an experience of private sector participation in citizen security, which has promoted the implementation of strategic solutions that contribute to the construction of a sustainable city and region, and a stronger business environment. This occurs through mobilization of and coordination with public and private actors in interventions by the Chamber of Commerce Violence Observatory to promote business involvement in citizen security, as well as in institutional strengthening and cooperation efforts. 9 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

11 Citizen participation in security topics is not limited to public policy proposals and oversight in the security and justice arenas. Private security is also a commonly implemented strategy in countries in the region, moves high levels of resources (sometimes more than public security), and has experienced significant growth due to the perception of insecurity. However, these high levels of private security have not translated to a reduction in crime. In addition, relevant norms in the region are ambiguous and do not make definitions such as the difference between public and private security clear. Finally, experience shows that supervision of private security firms is limited at best. 2.7 Special session on the post-2015 agenda: Finding common ground on peace, security, and justice This special session aimed to discuss opportunities that could present themselves to Colombia in the process of adopting the Sustainable Development Goals (SDG), particularly with respect to SDG#16, Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. The inclusion of this objective recognizes that the relationship between peace, security, and development is a two way street the causes of violence lie in under-development, but violence is also a limiting factor for development s progress. This acquires special relevance in the Latin American context, where violence has reached very high levels. 8 Although the goal about peace and security was included in the list of SDGs, much of the discussion here focused on the risks of 8 The homicide rate in Latin America is four times more than the global rate. To see detailed data on homicide rates around the world, see the Igarape Institute Homicide Monitor igarape.org.br/ its inclusion. One of the main criticisms was the risk of securitization of development. There is widespread reluctance to discuss internal security issues in international spaces, with the concern being that such debates could lead to international peacekeeping interventions, and even the involvement of the UN Security Council. This in turn could lead to the militarization of international aid. One study by the Igarapé Institute presents a map of the position of countries in the region during diplomatic negotiations. It also identifies unequal support for this SDG, with more going to countries such as Costa Rica, Chile, Peru, and Mexico, who lead the discussion, while there is only limited support for ALBA countries, namely Cuba and Venezuela. The topics that receive the most support are those of inclusive and participatory societies, and governance, and there is more caution with respect to security. An important element of the SDGs is their preoccupation with measurement of fulfillment of the goals. With respect to this point, Robert Parker from SaferWorld stated that although measuring peace is difficult, it is possible. 10 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

12 The SDG in the Colombian context In the current Colombian context, in which the end of the armed conflict is being negotiated, SDG 16 acquires special significance not only because of the impact on Colombia s development implied by the end of the conflict, but also because of the fortunate alignment of the SDGs and Colombia s peace agenda. This alignment was highlighted by Arnaud Penal, UNDP Director in Colombia, in his speech at the Dialogue. He proposed that the peace agenda is an opportunity to implement development efforts, and the SDGs are an important framework within which to work. If the peace agreements are implemented, they could lead to significant impact on fulfillment of the SDGs. The correlation between the peace agenda being negotiated in Havana and the SDGs is therefore recognized. Another important coincidence is seen in the National Development Plan, which has an important relationship with the SDG and its indicators. The National Planning Department has reviewed the ways that SDG 16 has been included in the National Development Plan, considering topics such as the promotion of citizen security, public security, defense, justice, and democracy. The Ministry of Defense highlighted the role being fulfilled by the armed forces in promoting development, peace, and security. This presentation also highlighted that the challenge is in implementation, and there should be greater attention to isolated areas of the country. Senator Claudia Lopez stressed 11 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

13 the need to approach development based on the inclusion of regions of the country that have historically been abandoned by the State, and that have been broadly affected by the armed conflict. In the current Colombian context, in which the end of the armed conflict is being negotiated, SDG 16 acquires special significance not only because of the impact on Colombia s development implied by the end of the conflict, but also because of the fortunate alignment of the SDGs and Colombia s peace agenda. 12 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

14 Annex: Event agendaa DAY 1. THURSDAY APRIL 16th am REGISTRATION am OPENING SPEECHES María Victoria Llorente Executive Director of Fundación Ideas para la Paz (Colombia): Introduction to the Citizen Security Dialogues and the Colombian context Robert Muggah Director of the Igarapé Institute (Brazil) and Coordinator of the Citizen Security Dialogues: Dealing with violence during and after war Carmen Sylvain Canadian Ambassador to Colombia am Opening Dialogue: General (r) Óscar Naranjo and Joaquin Villalobos am BREAK 10:45-12:15 pm FIRST PANEL. STABILIZATION MEASURES IN CONTEXTS OF COMPLEX VIOLENCE Moderator: Marta Ruiz (Verdad Abierta-FIP & Semana) Maria Victoria Llorente FIP (Colombia): Experiences of and challenges to stabilization in Colombia Alvaro Balcázar DNP and OACP Advisor (Colombia): Rural security challenges in the short and medium-term post-conflict context. Vanessa Barolsky - Human Sciences Research Council (South Africa): Rule of Law in post-transition societies: The South African example 12:15-1:45 pm LUNCH 1:45-3:30 pm SECOND PANEL. MILITARY AND LAW ENFORCEMENT INSTITUTIONS AND STABILIZATION Moderator: María Victoria Llorente (FIP) Monica Serrano Centro de Estudios Internacionales del Colegio de México (México): Drugs trafficking, organized crime, and use of force 3:30-3:45 pm BREAK Monique Marks - Head of the Urban Futures Centre at the Durban University of Technology (South Africa): Groundhog day? Public order policing twenty years into democracy Robson Rodrigues Coordinator of the UPP (Brazil): Stabilization in urban settings: The experience of Rio and the UPP Patricia Bulla FIP (Colombia): Military and law enforcement institutions in the Colombian post-conflict phase 13 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

15 3:45-5:15 pm THIRD PANEL. ORGANIZED CRIME AND ILLEGAL MARKETS Moderator: Eduardo Alvarez (FIP) Carlos Zamudio - (México): The dynamics of local drug markets in Mexico Juan Carlos Garzón Woodrow Wilson Center and FIP (Colombia): Avoiding the perfect storm: Criminal economies, spoilers, and the post-conflict phase in Colombia Isaac Beltrán - Universidad de la Fiscalía (Colombia): Contextual investigations and case association in the new research model of the Attorney General s Office DAY 2. FRIDAY APRIL 17th 8:30 10:30 am FOURTH PANEL: JUSTICE AND CITIZEN REGULATION CHALLENGES IN POST- CONFLICT SETTINGS Moderator: Sergio Guarín (FIP) 10:30-10:45 am BREAK Miguel Samper (Colombia) ex-vice Minister of Justice Gláucia Falsarella Foley Judge and Coordinator of the Federal District Community Justice Program (Brazil): Community justice in Brazil Farid Benavides - Universidad de los Andes (Colombia): Justice as an element of peacebuilding and post-conflict consolidation José Rafael Espinosa DeJusticia (Colombia): The role and design of justice in post-conflict settings 10:45-12:30 pm FIFTH PANEL: COMMUNITY AND PRIVATE SECTOR PARTICIPATION IN CITIZEN SECURITY Moderator: Hugo Acero 12:30-2:00 pm LUNCH Ernesto López Portillo - Insyde (Mexico): Security policies and institutions: Citizen oversight and accountability Lorenzo Wakefield, The African Policing Civilian Oversight Forum APCOF (South Africa): Community Police and Safety Fora as conduits for participation in democratic policing and safety - the case of South Africa after Apartheid Daniel Rico, University of Maryland and FIP (Colombia): Private Security: Challenges for Public Policy in Latin America Jairo García, Bogotá Chamber of Commerce (Colombia): Citizen oversight and citizen security in Bogota 14 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts

16 2:00-2:30 pm REGISTRATION 2:30-5:00 pm Special session: Post-2015 Agenda: FINDING COMMON GROUND ON PEACE, SECURITY, AND JUSTICE Moderator: María Victoria Llorente, FIP Round table Introduction: Setting the scene and the post-2015 agenda process in Latin America, Robert Muggah and Renata Ginniani, Igarapé Institute (Brazil) Arnaud Peral, UNDP Colombia Diana Quintero, Vice Ministry of Strategy and Planning, Ministry of Defense Diego Restrepo, National Planning Department Claudia López, Senator Robert Parker, Director of Policy and Communications, SaferWorld 15 Citizen Security Dialogues Controlling territory and building security and justice in post-conflict contexts