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71. Constitutional Interpretation and the Continuing Crisis in Afghanistan

Author:
Scott Worden and Sylvana Q. Sinha
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
Topic:
Conflict Resolution, Democratization, Islam, War, and Insurgency
Political Geography:
Afghanistan

72. Return to War in Sudan's Nuba Mountains

Author:
Julie Flint
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The response to the renewed war in Sudan's Nuba Mountains has been driven largely by a human rights and humanitarian crisis. The crisis will continue indefinitely without a political agreement that acknowledges the Nuba rebellion is self-sustaining and reflects a wider malaise within the new Republic of Sudan. With Sudan facing financial collapse, economic normalization must be part of negotiations with Khartoum to end the war in the Nuba Mountains and promote democratization throughout Sudan.
Topic:
Conflict Resolution, Democratization, Development, Human Rights, War, Insurgency, and Financial Crisis
Political Geography:
Africa and Sudan

73. 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

74. Stakeholders of Libya's February 17 Revolution

Author:
Susanne Tarkowski Tempelhof and Manal Omar
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Who the rebels are in Libya has been a common question surrounding the revolution that overthrew Muammar Gadhafi. This report maps out the factions in Libya's east, centering on Benghazi. It identifies the various groups, their narratives, their part in the revolution, and emergent grievances that could translate into instability or future conflicts. Libyans share a strong sense of historical narrative and ownership of the recent revolution, but complexities lie within that ownership. There are tensions between the youth movement and the National Transitional Council; between local Libyans and returning members of the Libyan diaspora; between secular groups and religious ones, particularly the Muslim Brotherhood; within militia groups that did the fighting; and among Libya's tribes and ethnic groups. The widespread sense of ownership of the revolution, which kept morale high during the fighting, has translated to expectations of quick improvements, both overall and in people's day-to-day lives. Managing expectations will be key to ensuring that tensions within Libyan society do not overcome the sense of unity that the revolution fostered. International actors should ensure that local ownership of the political process remains at the fore and is not undermined. In addition, research is needed to understand the situation in Libya more clearly, in order to identify ways that the international community can support, aid, and advise local efforts in forming a stable and secure environment in Libya.
Topic:
Conflict Resolution, Armed Struggle, Regime Change, and Self Determination
Political Geography:
Libya, Arabia, and North Africa

75. Multilateral Political Missions and Preventive Diplomacy

Author:
Richard Gowan
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Multilateral political missions—teams of primarily civilian experts deployed by international and regional organizations with medium- to long-term mandates—play an overlooked role in preventing conflicts in fragile states. Their roles range from addressing long-term tensions to facilitating agreements to quelling escalating violence. More than six thousand personnel are deployed in political missions worldwide. The United Nations and the Organization for Security and Co-operation in Europe oversee the majority of these missions. Although many political missions deal with active conflicts or post conflict situations, some have contributed to conflict prevention in countries ranging from Estonia to Guinea. In the right circumstances, multilateral missions can provide expertise and impartial assistance that national diplomats—whether ambassadors or special envoys—cannot. The activities of political missions include short-term preventive diplomacy, the promotion of the rule of law, and the provision of advice on socioeconomic issues. Some are also involved in monitoring human rights and the implementation of political agreements. Others have regional mandates allowing them to address multiple potential conflicts. A political mission's role differs depending on how far a potential conflict has evolved. In cases where latent tensions threaten long-term stability, a mission can focus on social and legal mechanisms to reduce the risk of escalation. Where a conflict is already escalating, a mission can become directly involved in mediating a peaceful resolution. Even where a conflict tips into full-scale war, a political mission may assist in mitigating violence or keeping political channels open. To strengthen political missions, the United States and its partners should work with the UN Secretariat to revise the rules governing the planning, funding, and start-up processes for political missions and overhaul U.N. personnel rules to make recruiting civilian experts easier. They should also encourage regional organizations to invest more in this type of conflict management tool.
Topic:
Conflict Resolution, Conflict Prevention, Diplomacy, Economics, International Cooperation, International Law, and United Nations
Political Geography:
United States

76. Gender and Statebuilding in South Sudan

Author:
Nada Mustafa Ali
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
South Sudan’s independence ends decades of conflict as well as socioeconomic and political marginalization at the hands of successive governments in Khartoum, which affected women in gender-specific ways. Independence thus opens up opportunities for women’s economic and social empowerment, ensuring that the new country’s political and economic structures and institutions reflect commitments to women’s participation and human rights. In turn, empowering women will enable South Sudan to strengthen its economic and political structures and institutions. There is great potential for gender equality and respect for women’s rights in South Sudan. The government has expressed commitments to equality between women and men and to women’s participation. South Sudan is relatively egalitarian and lacking in religious extremism. International actors interested in South Sudan recognize that promoting gender equality and women’s empowerment and addressing gender-based violence (GBV) are key to maintaining peace and security and helping South Sudan’s economy grow. Challenges abound, however. South Sudan is severely lacking in infrastructure and has some of the worst human development indicators worldwide. Social and cultural practices harmful to women compound the effects of conflict and marginalization. There are constant internal and external security threats, a limited understanding of gender equality, and a tendency within communities to view gender as an alien and illegitimate concern, given the acute problems that South Sudan faces. The government of South Sudan, with the support of regional partners and the international community, should ensure that gender equality and women’s rights are fully integrated into and are outcomes of state building. National planning, developing the permanent constitution, and building the country’s new institutions and structures should reflect commitments to gender equality and input from women and women’s groups across South Sudan. The government should cost and meet the full budgetary needs of the Ministry of Gender, Child, and Welfare; ratify and implement the Convention on the Elimination of all Forms of Discrimination against Women and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa; strengthen efforts to prevent GBV and address the needs of GBV victims and survivors; and invest more in quality and accessible health and education.
Topic:
Conflict Resolution, Gender Issues, Government, Human Rights, and Politics
Political Geography:
Africa and South Sudan

77. Belgium, from Model to Case Study for Conflict Resolution

Author:
Jonas Claes and Valerie Rosoux
Publication Date:
02-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Since 2007, Belgium has displayed a rather surreal degree of political chaos. Belgian politicians have provoked three cabinet resignations, 24 “royal” mediators, and more than 420 days of coalition formation. With the rise of Flemish nationalism and intercommunal tensions, the country seems to suffer from an intractable ethno-linguistic conflict. The maximum degree of reform Walloon parties can settle with is by far insufficient to Flemish nationalists, whose package of demands is considered unacceptable in Wallonia. One way forward is the creation of a nation-wide electoral district for federal elections in which every Belgian, regardless of residence, can vote for Flemish and Walloon candidates.
Topic:
Conflict Resolution, Economics, Education, Peace Studies, and Peacekeeping
Political Geography:
Europe and Belgium

78. The Other Side of Gender: Including Masculinity Concerns in Conflict and Peacebuilding

Author:
Kathleen Kuehnast and Nina Sudhakar
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Gender is often used synonymously with the study of women. This narrow approach overlooks the relational quality of gender and fails to include masculinity issues in analysis and research, which can have important bearing on policy interventions. Taking a more inclusive view of gender roles in conflict, which also recognizes that these roles are dynamic, can lead to more informed research strategies and more productive policy interventions. To effectively combat instances of extreme gender violence, such as the use of sexual violence as a weapon of war, a more nuanced understanding is needed of the actors involved. Instead of being passive actors during conflict, women may be combatants or direct participants in sexual violence. Examining the motivations, belief systems and internal dynamics of armed combatants can provide insight into the origins of sexual- and gender-based violence in conflict. Rather than representing an isolated event, sexual- and gender-based violence during conflict can perhaps best be viewed as a point along a continuum. In the postconflict period, damaged social and economic systems may contribute to the disempowerment of men seeking to return to traditional or customary roles. Coupled with the enduring impacts of trauma, the threat of emasculation can result in high levels of violence within the household environment.
Topic:
Conflict Resolution, Gender Issues, Peace Studies, and Peacekeeping

79. 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

80. In Pursuit of Democracy and Security in the Greater Middle East

Author:
Daniel Brumberg
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
This report offers a set of general and country-specific findings and recommendations to assist the Obama administration in its efforts to tackle escalating security challenges while sustaining diplomatic, institutional and economic support for democracy and human rights in the Greater Middle East.
Topic:
Conflict Resolution, Security, and Peace Studies
Political Geography:
Middle East and Arabia