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221. Rethinking EU institutions’ rules of procedure after COVID-19

Author:
Benjamin Bodson
Publication Date:
07-2020
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Up to now, little attention has been paid to how EU institutions adapted their internal functioning to cope with the confinement measures. This policy brief offers an early overview and assessment of these internal arrangements. Their analysis is of utmost importance for democratic reasons, notably accountability. From ensuring security and publicity of virtual meetings to finding valid methods for adopting acts, challenges posed to EU institutions were enormous. Five out of the seven institutions were not ready for operational changes. This paper shows that although a great variety of rules do exist, many need to be adapted, modernised or created. The upcoming Conference on the Future of Europe might constitute a timely opportunity to this end.
Topic:
International Cooperation, European Union, Institutions, Pandemic, and COVID-19
Political Geography:
Europe

222. Venezuela: What Lies Ahead after Election Clinches Maduro’s Clean Sweep

Author:
International Crisis Group
Publication Date:
12-2020
Content Type:
Special Report
Institution:
International Crisis Group
Abstract:
Following legislative elections, President Nicolás Maduro controls all of Venezuela’s major political institutions. Meanwhile, the country’s crisis deepens apace. An exit remains possible if the government and opposition adjust their zero-sum thinking to admit the need for compromise. The new U.S. administration can help.
Topic:
Elections, Leadership, Conflict, and Institutions
Political Geography:
South America and Venezuela

223. Gone Without a Trace: Syria’s Detained, Abducted, and Forcibly Disappeared

Author:
Hanny Megally and Elena Naughton
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In most cases, to be imprisoned in Syria is to disappear. Tens of thousands of people, if not more, have been unlawfully taken prisoner or held incommunicado in the context of the Syrian conflict. This policy paper examines the dark reality of detentions in Syria, its impact on those who are detained and their families, and recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. While most parties to the Syrian conflict are complicit in carrying out arbitrary and incommunicado detentions, including both state and non-state actors, the vast majority of detention-related violations since 2011 have been carried out by the Syrian state. The policy paper – a joint project of ICTJ and the Center on International Cooperation (CIC) at New York University – draws from a variety of sources, including the authoring organizations’ longstanding work on Syria and engagement with Syrian victims, as well as inputs from interviews and an expert roundtable in The Hague, Netherlands, in October 2019. The paper looks in depth at the main government security agencies responsible for arrests and detentions in Syria and shows how the regime weaponizes the law to criminalize political activity, to maintain absolute control over the Syrian population, and to justify arrests and detentions of peaceful demonstrators, political opponents, and human rights activists, all behind a facade of legality. It shows how, at every level, the system works in contravention of fundamental principles of human rights law designed to protect individuals from unlawful and arbitrary deprivation of liberty, including rights guaranteed in the international declarations and conventions to which Syria is a party. The paper provides additional information about nonstate actors who over the course of the conflict are known to have abducted and detained not only opposing armed forces, including Syrian army, but many civilians. From there, the paper goes on to examine the harsh realities facing families of those who have been detained, abducted, and forcibly disappeared in Syria and what must be done to begin addressing the rights of these victims, which have been so seriously violated. It looks at four primary areas of action that must be considered urgent for Syrians: (1) official acknowledgment of detentions and the disclosure of information about the whereabouts and fate of the forcibly disappeared and abducted; (2) detainee releases; (3) access to detention facilities by monitoring groups; and (4) addressing the consequences of enforced disappearance on families. The paper concludes with comprehensive recommendations for what can and should be done, now and in the future by the Syrian regime and other parties to the conflict, as well as the international community. On an urgent basis, it recommends among other things the immediate release of all those arbitrarily detained as well as vulnerable prisoners such as the sick, women, the elderly, children, and the disabled; unimpeded access by the International Committee of the Red Cross to all places of detention; and the sharing of lists specifying the status and location of detainees held by the Syrian government and other nonstate actors. In the long-term, it proposes creating among other things an independent mechanism for reviewing the remaining cases of detention, safe centers where families can request information about the fate of their loved ones, and rehabilitation programs where released individuals can access psychosocial and other vital services. These and other critical steps are a matter of extreme urgency, as the paper makes plain, if there is to be any possibility of lasting peace in Syria.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Justice, Engagement, Gender, and Truth and Reconciliation
Political Geography:
Middle East and Syria

224. From Optimism to Disillusionment: Examining Civil Society Perceptions of Police Vetting in Kenya

Author:
Daniel Blocq, Mary Mwikali, and Agatha Ndonga
Publication Date:
06-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In 2013, a police vetting process began in Kenya in response to the 2007-2008 post-election violence. Some reports suggested that the police had failed to stop that violence, others that the police had actively contributed to it. For decades, the police force had been notorious for its corruption, extrajudicial killings, and torture. This was the context in which a comprehensive police reform program was set up, one that included a vetting component and was led by the newly established National Police Service Commission (NPSC). The NPSC was mandated to screen every officer inside the Kenyan police. Civil society organizations (CSOs) initially expressed a great deal of optimism about the vetting plans. Indeed, political will for the process seemed to be present. The vetting of the judiciary, which had started shortly before the police vetting and was considered to be quite successful, also strengthened CSOs’ beliefs that serious and genuine police vetting was possible. Unfortunately, their optimism quickly turned to disillusionment and their confidence in the process crumbled. Six years after the commencement of the police vetting process, CSO representatives commonly agreed that it had failed. From Optimism to Disillusionment: Examining Civil Society Perceptions of Police Vetting in Kenya, the report from ICTJ and the Van Vollenhoven Institute at the Leiden Law School, offers an account of the police vetting process in Kenya. Drawing on interviews with CSO representatives, former NPSC commissioners, staff, and panelists, and victims of police violence, the report focuses specifically on the causes underlying civil society’s disillusionment. One of these causes was the outcome of the vetting. Out of the estimated 80,000 officers in service, the commission vetted only 5,993, of whom 445 were found unsuitable and dismissed. While the program did subject the very top police commanders to vetting, and the early hearings occurred in public, which was groundbreaking, in the end less than 7.5 percent of all police officers were subjected to vetting. But the more important cause may have been the process. The commission was certainly not simply engaged in a whitewashing exercise, and was at times, at least initially, quite committed to the vetting process. But the NPSC was also seen by civil society as a commission that, crucially, did not always take the CSOs seriously, culminating in a lack of responsiveness, sensitivity, and transparency on the commission’s part. While the commission’s approach seems to have also resulted at least partially from external pressures, it seriously hurt the overall assessment of the vetting exercise by the CSOs. The report is accompanied by two additional publications. The briefing paper Hearings and Decision Making During Transitional Vetting Processes: Insights from Kenya focuses on micro-level decision making within the commission, illustrating how a combination of factors—discretion, decision makers’ experience, and social tensions—can affect the outcomes, perceptions, and legitimacy of a vetting process. The policy brief Reflections and Recommendations for Transitional Vetting draws on the research conducted in Kenya to highlight the importance of strategy, coherence, information gathering, communication, expertise, and political and material support in vetting processes more generally.
Topic:
Civil Society, Reform, Institutions, Police, and Vetting
Political Geography:
Kenya and Africa

225. A Mixed Approach to International Crimes: The Retributive and Restorative Justice Procedures of Colombia’s Special Jurisdiction for Peace

Author:
Anna Myriam Roccatello and Elizabeth Rojas
Publication Date:
07-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In June 2019, ICTJ hosted an intense week of meetings with various members of the SJP, along with former combatants of the Public Forces of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP), and the victims of Colombia’s conflict. ICTJ Colombia routinely meets with these stakeholders as part of its work, but the aim of this week was to specifically include various international experts on restorative and transitional justice: Professor John Braithwaite, Professor Adolfo Ceretti, Professor Roberto Cornelli, Maria Camila Moreno Múnera, and Anna Myriam Roccatello. This report is the result of these fruitful meeting with the stakeholders in the Colombian peace process. Chapter 1 of this report gives an overview of the SJP’s innovative model, which can be considered a mixed restorative-retributive judicial organ. It also examines the potential value of such a mixed procedural approach, in comparison with the failures of purely retributive justice processes to achieve the specific aims of criminal accountability in a transitional justice context. Chapter 2 examines some of the various challenges for restorative justice in general. For convenience, those challenges have been divided into five categories: victims, perpetrators, judges, communications, and due process. Chapter 3 suggests various principles that the SJP should consider to help realize some of its restorative justice aims, while Chapter 4 suggests some specific procedures that the SJP may implement to achieve those restorative justice principles. Those readers who are familiar with transitional justice, the Colombian peace process, and the SJP may wish to skip Chapters 1 and 2 and move directly to the recommendations in Chapters 3 and 4. Finally, the report concludes with reflections on some challenges of the mixed approach and offers some general suggestions for how to move forward.
Topic:
Reform, Criminal Justice, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Colombia and South America

226. Truth, Accountability, and Asset Recovery: How Transitional Justice Can Fight Corruption

Author:
Ruben Carranza
Publication Date:
08-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
On March 2 and 3, 2020, two weeks before the World Health Organization (WHO) declared a COVID-19 global pandemic, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa and Armenia met with their counterparts in Tunisia for a two-day conference entitled, “Truth, Accountability and Asset Recovery: How Transitional Justice Can Fight Corruption,” organized by ICTJ with the support of Tunisia’s National Anti-Corruption Commission (INLUCC) and the Government of the Federal Republic of Germany. This diverse group of leaders came together to share solutions to a common problem: How can countries emerging from dictatorship, war, or political transitions hold corrupt ex-rulers accountable, recover their ill-gotten assets, and ensure that those harmed the most by human rights violations and large-scale corruption can achieve justice, obtain reparations, and overcome marginalization? For many countries pursuing transitional justice, including those represented by participants in the conference, the health and economic impact of the pandemic has made it more urgent to find and design solutions that advance accountability for both human rights violations and corruption. In Kenya, for example, citizens questioned the government’s use of $12 million in COVID-19-related aid from the World Bank, “amid reports that the lockdown intended to curb the spread of the virus had worsened poverty, even forcing a mother to cook stones to make her eight children believe she was preparing food for them.” In Tunisia, INLUCC “identified 11 instances of suspected corruption and conflicts of interest” related to a government deal to acquire millions of facemasks. At the conference, participants brought up the role of the World Bank and the International Monetary Fund (IMF) in enabling corruption during dictatorship or in facilitating state capture through privatization. Ninety-seven human rights and anti-corruption groups have jointly reminded the IMF, which has offered loans to pandemic-hit countries even as it continues to set austerity as a condition, that “transparency and accountability are key to making sure the money the IMF is disbursing actually goes to protecting lives and livelihoods.” This report gives an overview of the conference and its five panel discussions. It presents the thematic questions posed in each panel and summarizes the panelists’ statements and the comments and questions from moderators, other panelists, and participants in the audience. By design, the premise of the conference was clear: The practice by mainly global South countries of including accountability for corruption in their transitional justice processes has settled the debate over whether accountability for corruption should be part of transitional justice. In 2008, the Kenya Truth, Justice and Reconciliation Commission began investigating land-grabbing, large-scale corruption, and violations of economic and social rights. Soon after the Arab Spring in 2011-2012, Tunisia took the most significant steps when it established the Truth and Dignity Commission (TDC) with a mandate that covered violent political repression as well as corruption under former President Ben Ali. In its recently released final report, the commission examines the extent of the corruption and how the development policies and austerity measures imposed by international financial institutions such as the World Bank and the IMF enabled it. In 2016, the post-dictatorship government in the Gambia created a truth commission to examine human rights violations as well as a separate commission of inquiry to investigate ex-dictator Yahya Jammeh’s corruption and identify his ill-gotten wealth. The latter commission is now considering using part of those assets to fund reparations. Although corruption was excluded from the mandate of South Africa’s Truth and Reconciliation Commission, activists in 2017 created the People’s Tribunal on Economic Crime that linked the continuity of post-apartheid corruption to the failure to address it in earlier transitional justice processes. In 2018, the South African government then created the Judicial Commission of Inquiry into Allegations of State Capture to investigate specific economic crimes during and after apartheid. After the 2018 revolution in Armenia that ended a decade of authoritarian rule in the post-Soviet state, the new government embarked on prosecutions for corruption and human rights violations and is now considering a truth commission that would examine specific cases of corruption and human rights violations since 1991. These processes informed the conference, and the panelists who were directly involved in them discussed the challenges, successes, and lessons learned. This report’s original intent was to highlight the most important lessons from these experiences and promote South-South exchanges on transitional justice and accountability for corruption. However, the unprecedented global pandemic during which the conference took place has given it another equally relevant purpose. As ICTJ pointed out in a recent special report on COVID-19, “The pandemic is bringing to the surface underlying inequalities, including the unequal access to health care.” With this in mind, the author hopes this report will also offer policymakers practical approaches to transitional justice that can help address those underlying inequalities, such as measures aimed at improving access to health care for the most vulnerable, and initiatives to use recovered ill-gotten assets to fund reparations for victims.
Topic:
Corruption, Reform, Criminal Justice, Institutions, Reparations, COVID-19, and Truth and Reconciliation
Political Geography:
Kenya, Europe, Armenia, North Africa, Tunisia, Gambia, and Africa

227. The destructive effects of state capture in the Western Balkans: EU enlargement undermined

Author:
Wouter Zweers
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This Clingendael policy brief analyses the destructive effects of state capture in the Western Balkans and how it undermines the EU enlargement process. Using the case of Serbia, this policy brief shows how state capture mechanisms selectively strengthen the ruling party and its leadership while it weakens the opposition and independent institutions. State capture weakens the effectiveness of EU conditionality and reduces the credibility of the EU enlargement process. Tackling state capture, through strengthening accountability structures and increasing transparency, is identified as a key priority for the EU enlargement process to be successful in the future.
Topic:
European Union, Accountability, and Institutions
Political Geography:
Europe, Serbia, and Balkans

228. The New Institutionalism: A tool for analysing defence and security institutions

Author:
Valerijs Bodnieks
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Security and Defence Quarterly
Institution:
War Studies University
Abstract:
The aim of this paper is to investigate new institutionalism, its trends and their application in the analysis of security and defence institutions. The research is based on an analysis of theoretical literature to explore a system of assumptions about new institutionalism. Different approaches have been examined, including historical, rational choice, and sociological approaches. Historical institutionalism can be applied to identify the usefulness of past decisions, policy choices, appropriate strategy choices, and specific acquisitions for future policymakers, whereas rational choice institutionalism allows us to determine the influence of security and defence institutions on actors and their choices, how actors use the institutional framework for their own benefit, and how actors’ choices influence the state policy. Finally, sociological institutionalism focuses on recognising actors’ cognitive scripts and the changes they undergo, as well as causes that influence and determine cognitive scripts. Defence institutions are based on a precise regulative and normative framework and cognitive scripts of the highest authorities. Therefore, the external framework and the particular political impact on the supranational level can cause changes on the national level. New institutionalism provides an important perspective on the specifics of security and defence policy, actors’ individual and collective goals, their strategies and interests as well as cognitive scripts.
Topic:
Security, Defense Policy, Institutions, and Rational Choice
Political Geography:
Global Focus

229. From Peoples' Struggles to Public Policy: The Institutionalization of the Bhilwara Framework of Social Accountability in India

Author:
Rakshita Swamy and Aruna Roy
Publication Date:
10-2020
Content Type:
Special Report
Institution:
Accountability Research Center (ARC), American University
Abstract:
This Accountability Note describes and explains a set of principles for social accountability that emerged out of the struggles of some of the most marginalized people in India. Although firmly rooted in the experience of local resistance, the Bhilwara Framework of Social Accountability speaks directly to national and global struggles for accountability. The essential elements of the Bhilwara Framework were first framed by Dalit activists fighting discrimination and structural injustice, who reflected on and theorized about the causes of their marginalization. These elements were then accepted, developed further, and disseminated by activists and social movements. This Note discusses the social origins of the Bhilwara Framework and explains how each of the six principles was derived and applied. The principles include: 1. Access to meaningful and usable information; 2. The formal registration of citizen grievances; 3. The need for time-bound inquiry processes; 4. Platforms for citizen participation; 5. Protection of complainants against reprisal; and 6. Public and collective spaces in which citizens can dialogue with their state. This Note also describes how the Framework was refined and expanded, and how it was consequently institutionalized within the state. Unlike most activists’ agendas, the Bhilwara Framework has made the transition from concept to policy. India’s Supreme Audit Institution and Comptroller and Auditor General used the Bhilwara Framework to develop a set of minimum standards for social audits. The Framework has also been used to frame state and national policies on accountability for social justice and security for Dalits, rights holders accessing their entitlements under the right to work, food security, education, etc., urban poor workers, and other marginalized groups. It also informs an ongoing attempt to draft a legal framework for accountability by the Rajasthan State Government, a fitting tribute to where the struggle for these principles began. The Framework has helped define and develop the practice of ‘independent facilitation,’ which refers to the efforts made by the State to provide institutionalized platforms, institutions, and processes for enabling citizens to hold the State to account, that are independent of the latter’s control and interests. Similar breakthroughs have been made in contemporary grievance redress reforms. Recognizing that complainants will face difficulty and perhaps intimidation while registering a grievance at the very office that is the cause of the grievance, the Bihar Public Grievance Redress Law mandates Information and Facilitation Centers to provide single window support centers for information, to register grievances and track their status, an independent officer to hear appeals, and a wide scope in the definition of a complaint. The Framework served as the point of reference for State and civil society jointly building the country’s first web portal for mandatory disclosure of information (the Jan Soochna Portal). It has played an instrumental role in forming the basis of wider conceptions of social audits in tribal autonomous regions, labor welfare schemes and corrective or rehabilitation institutions run by the State. These interconnected efforts have emerged from concerted grassroots struggles and refined by social movements and ordinary citizens and users of India’s various rights-based legislation. These essential struggles deepen social accountability strategies, rooting them firmly in social justice and participatory democracy.
Topic:
Civil Society, Democracy, Social Justice, Accountability, Institutions, Marginalization, and Community Engagement
Political Geography:
South Asia and India

230. Capital Flight from South Africa: A Case Study

Author:
Léonce Ndikumana, Karmen Naidoo, and Adam Aboobaker
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Political Economy Research Institute (PERI), University of Massachusetts Amherst
Abstract:
This paper examines the mechanisms, actors, enablers, and the institutional environment that facilitate capital flight from South Africa and the resulting accumulation of private wealth in offshore financial centers. We estimate that from 1970 to 2017, South Africa lost over $300 billion through capital flight, including through overinvoicing of imports and underinvoicing of exports. Net trade misinvoicing amounted to $146 billion over the 1998-2017 period alone. Export underinvoicing appears to be especially rampant in the case of mineral resources such as gold, silver, platinum and diamonds. While capital flight is not a new phenomenon in South Africa, it has accelerated substantially over the past decades, a period marked by aggressive liberalization of the national economy and rapid integration into the global economy. Capital flight is a concern in a country such as South Africa that faces deep financing gaps, high multidimensional poverty, inequality and unemployment. An important challenge faced by South Africa in its quest to tackle capital flight and the associated problems such as tax evasion, base profit shifting, and money laundering is the threat of erosion of the public confidence in state institutions in light of the emerging phenomenon of state capture orchestrated by an intricate network of private ‘enablers’ with deep connections within the state and in the global economy. The adverse effects of capital flight on economic development, state institutions and governance call for urgent attention to prevent even more devastating consequences for the country’s political and social instability.
Topic:
Governance, Global Political Economy, Institutions, Capital Flight, Tax Evasion, Instability, and Money Laundering
Political Geography:
Africa and South Africa