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201. The principles of mediation and the role of third parties in peace processes

Author:
Vicenç Fisas
Publication Date:
09-2013
Content Type:
Special Report
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
This report focuses on the roles that third parties should play during a dialogue facilitation process. The high number of negotiations launched and peace agreements reached during 2012 confirms the trend observed during the last decades that the most common form of conflict termination is through negotiated settlements. However, according to the 2012 figures, about 40% of the negotiation process faced serious difficulties or did not achieve any results. Considering that the literature has shown a high correlation between the participation of third parties and peace talks’ success rates, one obvious explanation for the high percentage of peace negotiations that are unable to properly move forward could be the absence of third parties. Another factor could be linked to the performance of third parties when they do participate in dialogue processes. Some of the most frequent causes of crisis in negotiations are the warring parties’ lack of confidence in the facilitating third party. Therefore this report addresses the functions that third parties can perform in a peace process. It defines key concepts, summarises the most important features of peace negotiations in 2012 and addresses the roles of third parties in dialogues to end violence.
Topic:
Negotiation, Mediation, Dialogue, and Peace Process
Political Geography:
Global Focus

202. Challenges facing the Colombian peace negotiations

Author:
Jorge Orlando Melo
Publication Date:
11-2013
Content Type:
Commentary and Analysis
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Peace negotiations between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) started in 2012 and have advanced slowly but surely. The rules of procedure – no ceasefire, extreme confidentiality on the discussions, a limited agenda, direct negotiations without civil society participation or international mediation – have helped to isolated the talks from the pressures of everyday reality. In May 2013 the parties announced an agreement on point 1 of the agenda, which deals with the land problem. Negotiations on point 2 – the political participation of the guerrillas – started in July 2013. Four further points have to be discussed: the drugs business, the end of armed conflict, justice and compensation for victims, and the procedures for implementing the agreement. Both sides have used peace negotiations to build up their political image. The FARC, besides supporting or promoting social protests of coca-growing peasants, miners, and other groups with social grievances, has made some proposals not in the agenda, such as the convening of a constitutional assembly or a general reform of the state, but has shown flexibility and for the moment has withdrawn most of these proposals. The negotiations will last longer than previously announced, but both sides have good reasons to maintain them beyond the March 2014 elections, provided that progress is made and there are no extreme provocations by the FARC.
Topic:
Negotiation, FARC, Dialogue, and Peace Process
Political Geography:
Colombia and South America

203. Post-Conflict Constitution Drafter's Handbook

Author:
Public International Law Policy Group
Publication Date:
12-2012
Content Type:
Commentary and Analysis
Institution:
Public International Law Policy Group
Abstract:
The Public International Law & Policy Group’s (PILPG) Post-Conflict Constitution Drafter’s Handbook is intended to assist drafters of constitutions in post-conflict situations. The Handbook draws from PILPG’s experience in facilitating post-conflict constitution drafting processes, as well as comparative state practice, and is based upon analysis of over 150 constitutions from post- conflict and stable states. The Handbook is divided into sixteen chapters, each of which covers a core section in post-conflict constitutions. The chapters include: the Preamble, State Structure and Devolution of Powers, the Executive, the Legislature, the Judiciary, International Legal Obligations, the Electoral System, Financial Matters and the Central Bank, Human Rights, Minority Rights, Women’s Rights, Defense and Security, the Role of Religion, Customary Law, Natural Resources, and Extraordinary Measures. Within each chapter, the Handbook describes core provisions and provides sample language that may be used as a basis for constitutional provisions. In some instances, the Handbook provides several options that the drafter may choose from. The sample language is identified as “Option One” and “Option Two.” In others, the Handbook provides optional language that drafters may include. In those instances the sample language is identified as “Optional.” The intent of this handbook is to provide the drafter with options in structuring constitutional provisions. Since every post-conflict situation is unique, the drafter may change certain elements to enhance the constitution’s relevance and applicability to a particular context. The purpose of the sample language is merely to provide options from ratified constitutions to assist the drafter. The Handbook also contains two annexes. Annex I provides a list all of the constitutions cited in the footnotes and a link to their location on the World Wide Web. Annex II provides a compilation of all the sample language. PILPG is committed to supporting constitution drafters in fulfilling their roles, and, upon request, can provide additional assistance in considering particular provisions and language.
Topic:
Diplomacy, Peacekeeping, Conflict, Negotiation, and Peace
Political Geography:
Global Focus

204. Turkey and the Gulf Dialogue in the Middle East

Author:
Saban Kardas
Publication Date:
12-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
In his article “Turkey and the Gulf Dialogue in the Middle East” Şaban Kardaş reflects on the enhancement of the Turkey- Gulf relationship, arguing that both sides have overlapping interests in deepening economic and trade connections as well as in achieving a more equitable settlement to regional disputes. To this end, Kardaş draws on the insights of the TESEV- Derasat workshop on 5 September 2012 where experts discussed the current regional environment, the diverging and converging views on regional issues, the implications of Turkey’s growing involvement in Gulf affairs and the policy options available to the sides. Şaban Kardaş, “Turkey and the Gulf Dialogue in the Middle East” adlı makalesinde Türkiye ve Körfez ülkeleri arasında gelişmekte olan ilişkileri ele alıyor ve taraflar arası iktisadi ve ticari bağların güçlenmesi ile bölgesel anlaşmazlıklarda çözüm sağlanabilmesi noktalarının her iki tarafın da yararına olduğunu belirtiyor.
Topic:
International Relations, International Trade and Finance, Regional Cooperation, Economy, and Negotiation
Political Geography:
Turkey, Middle East, and Gulf Nations

205. ‘Leaving the mountain’: How may the PKK lay down arms? Freeing the Kurdish Question from violence

Author:
Cengiz Çandar
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The democratic norms, introduced with globalization and embodied in the EU membership criteria, served as a leverage for Turkey like in many other countries. They enabled the society to gain a new insight in its own history and state and as a result the problems that had often been overlooked and swept under the carpet were inevitably included in the domain of politics. The issue, which is often referred to as the ‘Kurdish Question’ yet essentially expresses the refusal by the state to meet the existential and cultural demands of Turkish citizens with Kurdish identity, constitutes the biggest obstacle to democratization in terms of its scope and historical background. Accordingly, today, there is a widespread belief that democracy cannot become entrenched in society unless the ‘Kurdish Question’ is resolved. The TESEV Democratization Program has systematically addressed the ‘Kurdish Question’ in the recent years and brought it to the public attention. Three reports were prepared as a result of an extensive field work, where we attempted to clarify the demands of the politically diverse Kurdish people, the possible constitutional and legal responses to these demands and how these demands are perceived by other segments of the society. The collision of this process with the widening of the domain of politics in Turkey has led to the idea of seeking for ‘the resolution’ within the framework of a new constitution. On the other hand, there is a growing understanding that ‘the resolution’ has some aspects that go beyond the legal context. For establishing a future based on trust requires conclusively burying the past in the pages of history while also ensuring its visibility, which in turn implies a confrontation among different identities. Therefore, the resolution of the ‘Kurdish Question’ needs a democratic method and approach, whereby parties are able to develop an attitude that addresses the whole society and show consent to a policy that does not encumber the future. Yet, the reciprocal past and present violence between the state and the PKK makes it necessary to create a transparent medium for dialogue to realize potential solutions, and therefore to embark upon a journey towards a solution with no way back. This means ensuring that all members of the PKK, including Öcalan, gradually perceive themselves as a part of the political process. This period, in which we are on the verge of creating the new constitution and concurrently solving the ‘Kurdish Question’, is a vital one. This TESEV report analyses what type of a political infrastructure is needed to build a favorable environment for such a dialogue. The study conducted by Cengiz Çandar, one of the most competent observers of the issue, reveals how the building blocks for resolution can be placed in a realistic way and in consideration of the plurality within both sides. Our expectation is that this groundwork presented here will offer a meaningful contribution and roadmap both for the settlement of the ‘Kurdish Question’ and for the democratization process of Turkey …
Topic:
Conflict Resolution, Non State Actors, Negotiation, Violence, and Kurds
Political Geography:
Turkey, Middle East, and Kurdistan

206. Possible Scenarios in Cyprus: Assuming There is No Solution

Author:
Mensur Akgün
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Halted after the Greek Cypriot rejection of the Annan Plan (by 75.83%) at a referendum held on 24th April 2004, inter-communal negotiations restarted on a technical level on 18th April 2008 and on a political level on 25th July 2008. Since then, hundreds of negotiations have been held at different levels between the parties. Although the negotiations still continue – as of February 2012 it is said that a conference is to be held with the participation of the guarantor states – at the time this article was written, a bi-zonal and bi-communal solution seems farther away than ever before. The parties, especially the Greek Cypriots, continue with the negotiations just to avoid being seen as the one who left the table. n this article, Mensur Akgun analyses the position of Turkish government to possible scenario with outcome of no solution deriving from Turkey’s emphasis on to freeze relations with the EU as of 1st July 2012, when the Republic of Cyprus, which is represented only by the Greek Cypriots, will assume the EU Presidency.
Topic:
International Relations, Territorial Disputes, European Union, and Negotiation
Political Geography:
Europe, Turkey, Middle East, Cyprus, and Mediterranean

207. Negotiating the Cyprus Problem(s)

Author:
Mete Hatay and Rebecca Bryant
Publication Date:
06-2011
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This paper was prepared by Mete Hatay and Rebecca Bryant. Mete Hatay is based in the North and has worked with TESEV for many years. Rebecca Bryant is an academic who has long worked on the Cyprus conflict.What they successfully achieve in their paper is articulating the Turkish Cypriot viewpoint regarding the negotiations, the property question and the relationship between Turkey and North Cyprus. Despite the seemingly countless barriers and setbacks, Hatay and Bryant also outline suggestions that can build confidence between the two communities so that step by step the Cyprus problem can get closer to being solved.
Topic:
Sovereignty, Territorial Disputes, Conflict, and Negotiation
Political Geography:
Turkey, Middle East, Cyprus, and Mediterranean

208. Cyprus – Should the UN Withdraw?

Author:
Jan Asmussen
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
Ban Ki Moon’s long awaited progress report on the negotiations in Cyprus did not come up with a final recommendation on how long the United Nations will be committed to engage in Cyprus. However, he warned that the UN would not continue indefinitely to spend efforts and money on a process that does not seem to render any progress. Indeed there is not much to suggest that a negotiated solution is anywhere close to be concluded in the foreseeable future. This appears strange as on the onset the past three years have seen the most intensive and most comprehensive negotiation process ever.
Topic:
Diplomacy, International Cooperation, United Nations, and Negotiation
Political Geography:
Europe, Turkey, Greece, and Cyprus

209. On the Palestinian issue, how much credit should Europe get amongst Arab opinion for its economic and political support?

Author:
Ralitsa Trifonova
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
Center for Strategic Studies (CSS)
Abstract:
The formulation in the Council of Ministers’ of the European Union statement, issued on 8 December 2009, that within “an agreed time-frame” an independent Palestinian state should emerge on the Middle East’s political map raised hopes for a breakthrough in the remaining unsolved more than 60 years Palestinian issue. Together with the statement of the United Nations Secretary General Ban Ki-moon in Moscow in the late 2009, this formulation is viewed by members of the Palestinian National Authority itself as a sign, in being specific in contrast with previous statements excluding a set timeframe for the establishment of a viable independent Palestinian state. After the unveiled Israeli violations of the international law during the last war over Gaza, a lot of voices not only in Palestine, but from all over world are revealing the impatience, reaching its nadir as Israeli behaviour does not represent threat only to the Palestinian people, but to the whole international system, especially when it shelled the headquarters of one the United Nations agencies on 15 January 2009. Some analysts believe that after the continued over 60 year’s failure of the USA to reach any significant progress to the benefit of the Palestinian people, it is high time Europe entered the Middle East arena as the third party, which would lead the two parties of the IsraeliPalestinian issue to a balanced solution, which does not reply on forced compromise. As the distrust of the Palestinian people with the USA is growing, Europe would only play a positive role if it were a trust-worthy ally itself. In order to give this alternative a positive perspective, we need to go back to the beginning of the European involvement in the Palestinian issue, to follow its own history of internal development, to explore the character of its economic aid and the existence of political support to the Palestinian people in their most turbulent and crucial moments in last four decades.
Topic:
Diplomacy, Human Rights, Territorial Disputes, Conflict, and Negotiation
Political Geography:
Europe, Israel, Palestine, and United States of America

210. Is There Time to Prevent an Iranian Nuclear Weapon?

Author:
Greg Thielmann
Publication Date:
09-2009
Content Type:
Policy Brief
Institution:
Arms Control Association
Abstract:
The Obama administration has identified September as a time for reassessing its approach to negotiation with Tehran over Iran's nuclear program. It is imperative that this reassessment is based on a realistic appraisal of Iran's weaponization capabilities and limitations and not fall prey to politically motivated hyperbole. Iran's nuclear program is undeniably bringing that country closer to an ability to construct nuclear weapons-bad news for the region, the United States, and the world. Yet, a nuclear-armed Iran is years, not months, away, which is ample time for negotiating an outcome that prevents Iran from becoming a nuclear-weapon state while strengthening the nuclear Nonproliferation Treaty.
Topic:
Diplomacy, Nuclear Weapons, Negotiation, and Nonproliferation Treaty (NPT)
Political Geography:
North America and United States of America