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1741. Human Rights

Author:
Sebastiano Maffettone
Publication Date:
06-2002
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
In this paper I propose a version of human rights theory based on an interpretation of the ethics of international relations. This interpretation is built around the idea of responsible development and around the recognition of different ways of constructing local identities. Such a formulation –in my opinion- can be considered intellectually tenable and practically useful in order to obtain a more stable peace in an age characterized by numerous ethnic and religious conflicts. Everything considered, the consistency of the cultural and the legal interpretations with an ethical reading of human rights would seem to be, if not fully evident, quite acceptable today. On the other hand, the relation between this legal and cultural approach to human rights and the treatment of human rights as economic-social rights is more likely to give rise to problems. Indeed, I maintain that an ethical interpretation of sustainable development could provide this missing element of the general construction. I may say that, somehow, in the proposed theory, I am trying to combine into a single conceptual framework the three historical or classical - whichever you prefer – versions of human rights, meant as personal liberty, economic-social rights and protection of cultural minorities, respectively.
Topic:
Conflict Resolution, Human Rights, Human Welfare, and International Cooperation

1742. "After September 11th, Governing Stability Across the Mediterranean Sea: A Transatlantic Perspective" A Conference Report

Author:
Maria Cristina Paciello
Publication Date:
03-2002
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The conference, organized by the International Affairs Institute and sponsored by the NATO office of Information and Press, and the German Marshall Fund of the United States, was held to discuss the question of governing stability across the Mediterranean Sea in the post-September 11th environment. It focused on three broad themes: governing stability in the Mediterranean; challenges to stability; and governance and partnership in the Mediterranean.
Topic:
Conflict Resolution, Security, and International Cooperation
Political Geography:
United States, Europe, and Germany

1743. Elections and International Civilian Policing: History and Practice in Peace Operations

Author:
Jeff Fischer
Publication Date:
06-2002
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
This paper explores the role that international civilian police (CIVPOL) have played in transitional elections and profiles specific electoral missions in which CIVPOL have performed a supporting role. The paper continues with a summary and analysis of the electoral activities and responsibilities undertaken by CIVPOL in the case studies. The conclusion looks ahead to areas of potential institutional support to enhance the effectiveness of international civilian policing in electoral missions through capacity development, standardized training, and integrated planning and support of CIVPOL in democracy development.
Topic:
Conflict Resolution, Conflict Prevention, Development, and Government

1744. Electoral Conflict and Violence: A Strategy for Study and Prevention

Author:
Jeff Fischer
Publication Date:
02-2002
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
An electoral process is an alternative to violence as it is a means of achieving governance. It is when an electoral process is perceived as unfair, unresponsive, or corrupt, that its political legitimacy is compromised and stakeholders are motivated to go outside the established norms to achieve their objectives. Electoral conflict and violence become tactics in political competition.
Topic:
Conflict Resolution, Conflict Prevention, Development, and Government

1745. Economic Priorities for Peace Implementation

Author:
Susan L. Woodward
Publication Date:
10-2002
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
There has been surprisingly little systematic analysis of how economic factors contribute to the success or failure of peace agreements. What is clear however, is that economic factors play a more significant role in the failure of peace agreements than they do in the success of such initiatives; Peace agreements are often very weak on economic aspects. This is problematic because the success of the first phase of peace implementation is largely dependent on three economic factors: sufficiently rapid economic revival to generate confidence in the peace process; adequate funding to implement key aspects of the peace agreement; and, for a sustainable peace, there must be sufficient funding to enable the establishment of government institutions and the transition to a peace-time economy; Five important lessons have emerged from experience in the area of peace implementation over the last decade: The need for broad-based impact assessments At present, assessments tend to measure whether an aid project was implemented as planned, not whether it contributed to a sustainable peace. As a consequence, important opportunities to make informed mid-course adjustments in long-term programs and to develop more effective programs are lost; An early emphasis on employment is critical Active employment is critical to redirecting behavior and encouraging support for the peace process. The success of crucial programs such as those for the demobilization and reintegration of former combatants and the return of refugees and internally displaced persons are also linked to the availability of employment; Invest in Building Institutional and Social Capital Conventional approaches to post-conflict economic recovery tend to emphasize macroeconomic stability at the expense of economic infrastructure. However, in post-conflict settings, the financial and legal institutions so necessary to implement economic policy and ensure good governance are either weak or nonexistent. More attention must be paid to financing the development of basic public sector capacities and social capital. Donor decisions about whom to assist and what to fund have lasting political impacts Donor monies influence government policy, whether directly through the imposition of explicit conditions or in more indirect ways. Lending decisions also influence the political landscape within the recipient county and the behavior of third-party implementers; An international presence introduces economic distortions It is seldom acknowledged that the economic impact of international peace missions runs contrary to the aims of self-government and economic and political sustainability. As a consequence, decisions about implementation and exit are extremely important; There is an urgent need for a new economic strategy that addresses the challenges of post-civil war environments.
Topic:
Conflict Resolution, Economics, Peace Studies, and Treaties and Agreements

1746. Justice Under International Administration: Kosovo, East Timor and Afghanistan

Author:
Simon Chesterman
Publication Date:
09-2002
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
In the rare circumstances in which the United Nations administers a post-conflict territory, what law should be enforced? By whom? And, crucially, how should one resolve the potential dilemma between building capacity for sustainable local institutions and maintaining respect for international standards of justice? This report examines these questions through the experiences of United Nations administrations in Kosovo (1999— ) and East Timor (1999-2002) and the assistance mission in Afghanistan (2002— ). Practice in this area has, necessarily, been improvizational rather than principled. But it is possible to draw some broad lessons from these three experiments in judicial reconstruction First, the administration of justice should rank among the higher priorities of a post-conflict peace operation – certainly far higher than it is currently ranked in Afghanistan. There is a tendency on the part of international actors to conflate armed conflict and criminal activity more generally. Drawing a clearer distinction and being firm on violations of the law increases both the credibility of the international presence and the chances of a peace agreement holding. Failure to do this undermined the credibility of the international presence in Kosovo, and led to missed opportunities in East Timor. Secondly, in an immediate post-conflict environment lacking a functioning law enforcement and judicial system, rule of law functions may have to be entrusted to military personnel on a temporary basis. Recourse to the military for such functions is a last resort, but may be the only alternative to a legal vacuum. The law imposed in such circumstances should be simple and consistent. If it is not feasible to enforce the law of the land, martial law should be declared as a temporary measure, with military lawyers – especially if they come from different national contingents – agreeing upon a basic legal framework. Persons detained under such an ad hoc system should be transferred to civilian authorities as quickly as possible. Thirdly, once the security environment allows the process of civil reconstruction to begin, sustainability should generally take precedence over temporary standards in the administration of basic law and order. Whether internationalized processes are appropriate for the most serious crimes should be determined, where possible, through broad consultation with local actors.
Topic:
Conflict Resolution and United Nations
Political Geography:
Afghanistan, Europe, South Asia, Kosovo, and Southeast Asia

1747. Tiptoeing Through Afghanistan: The Future of UN State-Building

Author:
Simon Chesterman
Publication Date:
09-2002
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
Afghanistan represents a radically different model in the panoply of UN peace operations. On paper it resembles earlier assistance missions that provided governance and development support to post-conflict societies. In practice, however, the UN mission remains intimately involved with the Afghan Transitional Administration and therefore with the peace process that put it in place. This disjunction between formal authority and practical influence poses a challenge not only for the specific operation in Afghanistan but also to accepted models of UN peace operations more generally. Most analyses of UN peace operations suggest that the more complex the political environment, the larger the amount of resources required to complete the mandate. On any such measure, the UN Assistance Mission in Afghanistan (UNAMA) faces an uphill battle. UNAMA is instead pursuing a high-risk strategy that requires two conceptual leaps from the normal mould of peace operations. The first is that it is possible to blur the normal distinction between negotiating a peace agreement and implementing it. The second is that the UN can make up for its small mandate and limited resources through exercising greater than normal political influence. There is widespread agreement among UNAMA and most of its Afghan partners that expansion of the International Security Assistance Force (ISAF) beyond Kabul would be an important stabilizing factor in this process. If it is to be done, it should be done urgently, while all parties are still buying into the Loya Jirga process. Given the reaction of the United States and potential troop-contributing nations, however, expansion now appears highly unlikely. Every UN mission and development programme now stresses the importance of local 'ownership'. This may be the first mission where some of the local population themselves are truly taking charge. Development, however, is notoriously supply- rather than demand-driven; donor countries are infamous for pledging one thing and delivering another. Agencies must therefore take this into account when constructing fictional budgetary targets that they know will not be met, making responsible financial planning still more difficult. Compounding these problems is confusion in Afghanistan as to what projects are actually going to be funded and when. This is partly caused by the refusal of some of the largest donors to have their money pooled into a trust fund for the whole of Afghanistan. The Emergency Loya Jirga was intended to encourage Afghans from all parts of the country to 'buy into the peace process'. This phrase was used metaphorically, but should also be understood literally. Encouraging Afghans to see the solutions to their problems as lying in the embryonic institutions of the state is good politics internationally. It is also Afghanistan's best chance for stability and relative prosperity.
Topic:
Conflict Resolution, Development, Peace Studies, and United Nations
Political Geography:
Afghanistan and South Asia

1748. Policies and Practices for Regulating Resource Flows to Armed Conflict

Author:
Jake Sherman
Publication Date:
05-2002
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
The aim of the Bellagio conference was twofold: first, to sharpen our understanding of the critical dimensions of local, regional, and global financial and material flows to and from conflict zones; and, second, to critically review extant and emerging legal and policy frameworks, and the potential for strengthening their enforcement or extending the applicability of other legal and regulatory tools to stem those flows, with an eye to producing a coherent set of practical recommendations for decision-makers and policy practitioners in the field of international peace and security.
Topic:
Conflict Resolution, Economics, International Cooperation, International Law, and United Nations

1749. The Political Economy of War and Peace

Author:
Charles Cater
Publication Date:
05-2002
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
The focus of the International Peace Academy's annual New York seminar, held at West Point on May 6-10, 2002, was “The Political Economy of War and Peace.” The aim of this policy development seminar was to introduce policymakers and practitioners to the emerging analytical and policy agenda of the political economy of war and peacemaking so that peace missions may be better equipped to deal with the economic legacies of conflict and the resulting challenges for building sustainable peace.
Topic:
Conflict Resolution, Peace Studies, and Political Economy
Political Geography:
New York

1750. Options for Promoting Corporate Responsibility in Conflict Zones: Perspectives from the Private Sector

Author:
Jake Sherman
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
The objective of this meeting was to examine private sector actors' perceptions of and experiences with select existing and prospective measures, both voluntary and regulatory, to promote responsible business behavior in conflict zones. The discussions explored the costs and benefits that several emerging initiatives might entail for the private sector, the likely tradeoffs of binding regulation, and the sorts of institutional, financial, and political resources which would be needed to expand the coverage of both existing codes of conduct and binding regulations.
Topic:
Conflict Resolution, Security, Political Economy, and United Nations