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11. Just peace? Peacebuilding and rule of law in Africa: Lessons for policymakers

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
09-2009
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
Rule of law promotion is integral to peacebuilding, but not always well integrated It is important to distinguish between technical delivery of rule of law assistance and access to justice as perceived by the population Rule of law promotion and transitional justice may be complementary, or competitive Despite emphasis on the formal sector, informal justice processes are often most accessible to the vast majority Such informal processes may be transformed both by conflict and by peacebuilding activities Emphasis on state institutions in rule of law promotion can inadvertently undermine equal access to justice Given these challenges, the international community faces serious dilemmas about whom to engage, and particularly whether to engage the informal sector at all.
Topic:
Conflict Resolution, Political Violence, Peace Studies, and Poverty
Political Geography:
Africa

12. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary

Author:
Carmen Draghici
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Policy-makers, domestically and in international for a, tend to address counter- terrorism and human-rights protection in terms of competitive goals. In the post-9/11 political climate dominated by security concerns, the suppression of the financing of terrorism is given priority over suspects' rights. The current procedures established by the UN Security Council for the freezing of funds of terrorist suspects encroach upon several individual rights. The most severe infringement upon the rights of persons targeted by the UN sanctions derives from the lack of a secure avenue of appeal. The denial of access to justice has been fostered for several years by the deference of national and regional courts to the UN Security Council. Recent developments at European Union level demonstrate that judicial decisions can shape counter-terrorism policies.
Topic:
Human Rights, Terrorism, United Nations, and Counterinsurgency
Political Geography:
Europe

13. Peace as governance? Critical challenges to power-sharing peace deals

Author:
Chandra Lekha Sriram
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Power-sharing may involve not only political power-sharing, but shared governance over economic resources or the security sector, and in some cases territorial autonomy arrangements. There are at least five critical challenges to negotiating a peace agreement involving power-sharing: Mistrust may outweigh the influence of the power- sharing incentives offered. The third-party guarantee needed to overcome mistrust is not available. The incentives that are offered may not be the right ones. If there are no measures to address the original causes of conflict, incentives may not be enough. Incentives cannot induce so-called spoilers to participate in a peace process. There are far more potential challenges to implementing power-sharing agreements in practice: Agreements may be violated because incentives were insufficient or can be obtained more easily outside the agreement. Agreement fails because a group was less interested in, or unable to reap the benefits of, specific incentives. Old patterns of mistrust and cheating are imported into governance processes and state institutions. Instead of creating a grand coalition, power-sharing may create incentives for extremism and ethnic or hardliner outbidding. Incentives such as territorial autonomy may encourage secessionist tendencies. Parties may have committed to agreement out of short-term pragmatism rather than long term interest or policy. Exclusion of groups from benefits may encourage new grievances and even conflicts. Competition may turn violent amongst former allies. Violent regions or the interference of neighbouring states may undermine agreements.
Topic:
Security, Economics, Peace Studies, Treaties and Agreements, and Governance
Political Geography:
Sudan and Sri Lanka

14. Beyond justice versus peace: transitional justice and peacebuilding strategies

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
This article seeks to examine the challenging and complex relationship between transitional justice and peace building. Some scholarly analysts, and indeed some policymakers, continue to view “peace” and “justice” as simply in conflict with each other, while their relationship in practice is far more complex. This article will analyse the relationship between transitional justice and peace building in order to consider how programming and practitioners of each might engage more constructively with each other in pursuit of more just and durable peace.
Topic:
Human Rights, Peace Studies, and Law

15. Evaluating and Comparing Strategies of Peacebuilding and Transitional Justice

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peace building, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peace building remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peace building is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peace building activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peace building and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
Topic:
Political Violence, Human Rights, Peace Studies, and War
Political Geography:
Europe

16. Transitional Justice and Peacebuilding Strategies: Considerations for Policymakers

Publication Date:
07-2009
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
It is critical to take into account the ways in which policies and programming in peacebuilding and transitional justice may be not only contradictory but also complementary. This brief examines the interaction of the following peacebuilding activities with transitional justice processes: Disarmament, Demobilization, and Re-integration (DDR), Security Sector Reform (SSR) and rule of law promotion.
Topic:
Conflict Resolution, Defense Policy, Arms Control and Proliferation, and Peace Studies
Political Geography:
United Nations

17. Just peace? Peace building and rule of law in Africa: Lessons for policymakers

Author:
Chandra Lekha Sriram
Publication Date:
01-2009
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
This policy paper encapsulates the key findings of a research project undertaken by the Centre on Human Rights in Conflict (CHRC) of the University of East London School of Law on rule of law in African countries emerging from violent conflict, funded by the British Academy. The CHRC commissioned a range of experts and practitioners from around the world to examine and assess contemporary international efforts at promoting rule of law reform in peacebuilding operations and development assistance. Country studies examined in depth the experiences of a number of African countries— the Democratic Republic of Congo (DRC), Liberia, Rwanda, Sierra Leone, and Sudan—while thematic studies examined rule of law as part of peacebuilding in comparative perspective, the role of traditional justice, and specific aspects of rule of law in the African context. These studies will be published as a book entitled Just Peace? Peacebuilding and rule of law in Africa.
Topic:
International Affairs
Political Geography:
Global Focus

18. Trading Justice for Security? UN Anti-terrorism, Due Process Rights and the Role of the Judiciary

Author:
Carmen Draghici
Publication Date:
01-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
The findings reported below emerge from a broader research project exploring human rights in the global war on terror, The Search for a Fair Balance between the Imperative of National Security and the Protection of Human Rights in the Recent Caselaw of the European Courts concerning the ‘Blacklists’ of Alleged Terrorists, a project financed by the Leverhulme Trust and carried out by the author at the Centre on Human Rights in Conflict (CHRC) of the University of East London, School of Law
Topic:
International Affairs
Political Geography:
Global Focus

19. Transitional Justice and Peace building: Considerations for policy makers,

Author:
Chandra Lekha Sriram
Publication Date:
01-2009
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
Peacebuilding and transitional justice are both multifaceted processes, which although often treated as if they were in opposition, may actually involve shared goals and activities. This brief outlines several points policymakers should consider when implementing programmes and formulating policies for conflict-affected countries
Topic:
International Affairs
Political Geography:
Global Focus

20. A Breakthrough in Justice? Accountability for Post-Election Violence in Kenya,

Author:
Chandra Lekha Sriram
Publication Date:
01-2009
Content Type:
Policy Brief
Institution:
Centre on Human Rights in Conflict
Abstract:
Following contested elections in Kenya in December 2007, unrest and violence shook the country in January and February 2008, prompting diplomatic intervention by the international community, most notably by the former United Nations Secretary-General, Kofi Annan. A negotiated solution put in place a power-sharing deal between the two main parties contesting the presidential election: the Orange Democratic Movement (ODM) and the Party of National Unity (PNU)
Topic:
International Affairs
Political Geography:
Global Focus