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81. Police Corruption: What Past Scandals Teach about Current Challenges

Author:
Robert Perito and David Bayley
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Police corruption is an international problem. Historically, police misconduct has been a factor in the development of police institutions worldwide, but it is a particular problem in counterinsurgency and peacekeeping operations, such as the U.S.-led North Atlantic Treaty Organization police training program in Afghanistan. There, police abuse and corruption appear endemic and have caused some Afghans to seek the assistance of the Taliban against their own government. The most reliable and extensive knowledge about police corruption in the world's Englishspeaking countries is found in the reports of specially appointed blue-ribbon commissions, independent of government, created for the sole purpose of conducting investigations of police corruption. To reduce police corruption, the commissions recommend creating external oversight over the police with a special focus on integrity, improving recruitment and training, leadership from supervisors of all ranks about integrity, holding all commanders responsible for the misbehavior of subordinates, and changing the organization's culture to tolerate misbehavior less. The remedies proposed by the commissions, however, rely on a set of contextual conditions not commonly found in countries emerging from conflict or facing serious threats to their security. This report suggests triage and bootstraps as strategies for reducing police corruption in countries with security threats. Triage involves targeting assistance in countries where there are solid prospects for tipping police practice in the desired direction. Bootstraps involves using reform within the police itself as a lever to encourage systemic social and political reform in countries in crisis or emerging from conflict.
Topic:
Security, Corruption, Crime, and Peacekeeping
Political Geography:
Afghanistan and United States

82. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia

83. Afghan High Peace Council Fails to Reflect Afghan Civil Society

Author:
Patricia Gossman
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The Afghan public, along with the international community, appears increasingly supportive of opening negotiations with the Taliban to end the war. The Karzai administration also supports this, as reflected by the June 2010 Peace Jirga held in Kabul and the 70-member High Peace Council that was formed thereafter. In spite of the talks, no one in Washington or Kabul has clarified what reconciliation means in practice, particularly with respect to accountability for abuses that occurred during the rule of the Taliban as well as those that occurred when rival factions fought with each other before the Taliban came to power. On November 10, 2010 representatives from Afghan and international NGOs, as well as the UN, gathered for a one-day Conference on Peace, Reconciliation, and Justice in Kabul to revitalize public discussion on peace and reconciliation among the government of Afghanistan, the international community, and Afghan civil society. The discussions revealed a troubling disconnect between the High Peace Council and Afghan civil society representatives who strongly criticized the Council\'s inclusion of former militia leaders among its members, the lack of transparency in its activities, and the lack of clarity in its objectives. These criticisms indicate that for a peace process to have broad, popular support, the Afghan government and the international community must make greater efforts to engage local leaders in a dialogue and account for the interests of communities and interest groups that are not represented in the High Peace Council.
Topic:
Conflict Resolution, Human Rights, Islam, War, and Insurgency
Political Geography:
Afghanistan

84. Traditional Dispute Resolution and Stability in Afghanistan

Author:
John Dempsey and Noah Coburn
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Stability in Afghanistan will remain elusive unless disputes between individuals and among communities can be resolved through peaceful and equitable means. However, state justice institutions are barely functioning in much of the country and are incapable of meeting many justice and dispute resolution needs of Afghans. Instead, the majority of Afghans turn to traditional justice mechanisms—including tribal councils and village and religious leaders—to address both civil and criminal disputes. In many parts of the country, including areas recently cleared of insurgents, the best way to make signi_cant, visible, short-term (12 to 18 months) gains in peacefully resolving disputes is to work with community-based structures. USIP has drawn important lessons from its work with Afghan partners to implement pilot programs exploring links between the state and traditional justice systems in four provinces across the country (in Nangarhar, Khost, Paktia and Herat). Programs designed to create or strengthen existing links between traditional justice bodies and state institutions can build mutual trust and harness the strengths of each. Donor-funded traditional justice programs need to involve the Afghan government while also accounting for the practical needs of communities to settle disputes in line with their own traditions and procedures, as well as Afghanistan's laws and human rights norms.
Topic:
Conflict Resolution, Terrorism, and War
Political Geography:
Afghanistan and Asia

85. Congress and Parliaments in Security Sector Reform

Author:
Robert M. Perito
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Legislative oversight of the security sector is crucial to ensure that security policies and expenditures are undertaken with full transparency, accountability and concern for other national priorities and popular attitudes. This is important in conflict states, particularly during peace or stability operations. Establishing legislative oversight is difficult in conflict countries because of the absence of historical tradition, the complexity of security agencies, the technical nature of the issues, secrecy laws and the lack of expertise among parliamentarians and their staffs. The U.S. Congress provides a model for effective legislative oversight of the security sector for other countries to emulate. Congress has developed the legal authorities and the traditions required to form an effective partnership with the Defense and Justice departments, the U.S. military forces and civilian security services. Due to the importance of legislative oversight of the security sector to the democratic process, the U.S. Congress provides advice and training to foreign parliaments and parliamentarians in security sector reform. Congress has important partnership arrangements with parliaments in Afghanistan, Pakistan, Georgia, Kosovo and other conflict countries.
Topic:
Security, Political Violence, International Cooperation, Regional Cooperation, and War
Political Geography:
Pakistan, Afghanistan, Kosovo, and Georgia

86. Delays Will Not Improve Afghan Elections

Author:
Scott Worden
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The presidential and provincial council elections held in Afghanistan in August 2009 were marred by irregularities and fraud, leading voters and candidates to question the fairness and utility of the democratic process there. The Afghan government announced in late January that it will delay Parliamentary elections until September 2010—several months beyond the deadline set by Afghanistan's constitution. The extra time is needed to make adequate logistical preparations, but little has been done so far to reform electoral institutions or policies to prevent a repeat of the problems of the 2009 elections. Without signi_cant changes in the personnel and policies of the Independent Electoral Commission (IEC)—the constitutional body responsible for overseeing all electoral processes— the 2010 election is likely to fall below international standards and risks undermining government (and international) legitimacy at a critical period for the counterinsurgency strategy. In addition, signi_ cant long-term reforms, including a wholesale revision of the voter registry, must be initiated now to ensure that the district council and other future Afghan elections are credible and acceptable.
Topic:
Democratization, Sovereignty, and Governance
Political Geography:
Afghanistan and Asia

87. Informal Dispute Resolution in Afghanistan

Author:
John Dempsey and Noah Coburn
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Faced with difficulties establishing legitimate, effective rule of law and the predominance of informal or traditional justice mechanisms in Afghanistan, the Afghan government and the international community have increasingly focused on engaging informal justice systems to resolve both civil and criminal disputes. While informal systems vary across the country, they are generally based upon restorative justice and the preservation of communal harmony. They currently resolve the vast majority of legal disputes and other conflicts in the country, particularly in rural areas. Engagement with informal systems and linking such systems to state institutions present some of the more effective opportunities for resolving conflicts and increasing access to justice for all Afghans because they are familiar, locally available, and involve relatively low costs. Such engagement, however, also faces significant logistical, cultural, political, and legal challenges. When engaging informal systems and/or implementing programs to link them to the state, it is important to have sound understanding of local power dynamics and how local dispute resolution systems function. The United States Institute of Peace (USIP) has been working on informal justice in Afghanistan since 2002 and has run pilot projects in six districts that test ways of designing or strengthening links between the state and informal systems to increase access to justice. Some of the best practices identified from the pilot projects include the importance of regular and substantive communication between informal and state justice actors, the promotion of the use of written records of decisions by informal systems, and the monitoring of decisions to ensure applicable Afghan laws and international human rights standards are upheld.
Topic:
Conflict Resolution, Security, and Counterinsurgency
Political Geography:
Afghanistan and United States

88. The Civil Society-Military Relationship in Afghanistan

Author:
Lisa Schirch
Publication Date:
09-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The intense challenge of coordinating government civilians with military actors in the International Security Assistance Forces' Provincial Reconstruction Teams in Afghanistan has inhibited development of military relationships with civil society. The counterinsurgency strategy of “shape, clear, hold, build” invites civil society organizations (CSOs) to play key roles in the final “build” stage at the operational level. Yet many CSOs resist “coordination” in a mission and strategy different from their own. CSOs seek greater policy dialogue and “communication” with high-level ISAF decision makers, particularly during planning stages. An ongoing, high-level forum for civil society-military policy dialogue could help address tensions, provide a mechanism for CSOs to share their conflict assessments, and explore areas for possible collaboration such as in security sector reform.
Topic:
Conflict Resolution, Civil Society, and War
Political Geography:
Afghanistan and Indonesia

89. Afghanistan: Conditions-Based Redeployment

Author:
William B. Taylor
Publication Date:
09-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
President Barack Obama's policy of a conditions-based redeployment in Afghanistan starting in July 2011 leaves him a lot of flexibility. The administration will likely decide to maintain the troop numbers in Afghanistan near the surge level next year, pending another review.
Topic:
Conflict Resolution, Terrorism, and War
Political Geography:
Afghanistan and United States

90. Navigating Negotiations in Afghanistan

Author:
Matt Waldman
Publication Date:
09-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
There are reasons for skepticism about government-insurgent talks, especially as both sides are known for abusive, unjust and discriminatory policies. However, given the constraints of counterinsurgency, obstacles to an anticipated security transition, and the threat of worsening conflict, the potential for negotiations should be explored. Field research indicates that the coalition's military surge is intensifying the conflict, and compounding enmity and mistrust between the parties. It is therefore reducing the prospects of negotiations, which require confidence-building measures that should be incremental, structured and reciprocal. Strategies should be developed to deal with powerful spoilers, on all sides, that may try to disrupt the process. The form of pre-talks, and the effectiveness of mediators and “track two” interlocutors, will be critical. Pakistan provides assistance to, and has significant influence over, the Taliban. Talks require Pakistan's support, but giving its officials excessive influence over the process could trigger opposition within Afghanistan and countermeasures from regional states. The perceived threat from India is driving Pakistan's geostrategic policies, thus concerted efforts are required to improve Pakistan-India relations. Negotiations could lead to a power-sharing agreement, but implementation would be highly challenging, especially due to multifarious factional and other power struggles. An agreement could also involve constitutional or legislative changes that curtail fundamental civil and political rights, especially those of women and girls. Genuine reconciliation efforts are required to build better relations between hostile groups. For legitimacy and viability, any settlement must be both inclusive and just: it should therefore seek to reflect the aspirations of all elements of Afghanistan's diverse society. It should also seek to address underlying causes of the conflict, especially the abuse of power.
Topic:
Conflict Resolution, Diplomacy, Treaties and Agreements, and Insurgency
Political Geography:
Pakistan, Afghanistan, United States, and India