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11. When Is International Peacemaking Illegal? Implications of the 2010 Supreme Court Decision in Holder v. Humanitarian Law Project

Author:
Stephanie Schwartz
Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The June 21st Supreme Court decision in Holder v. Humanitarian Law Project affirmed the constitutionality of the material support statue which makes it illegal for U.S. citizens and organizations to provide material support, including expert advice or assistance, service or personnel, to designated terrorist organizations regardless of whether the support is intended to promote nonviolence and peace. The material support law and the process of listing terrorist groups provides the U.S. government with an enhanced legal structure to arrest alleged terrorists and prevent terrorist acts. However, it is unclear that the process is effective in practice or that enhancing the government's legal power to prevent acts of terrorism outweighs the unintentional consequences of prohibiting nongovernmental organizations (NGOs) from working on the front lines of conflict zones to promote conflict resolution. Looking to the future, NGOs can work with the State Department and Congress to find ways to allow peacebuilding and humanitarian organizations to continue their operations legally, while also not threatening national security.
Topic:
Conflict Prevention, Humanitarian Aid, Terrorism, Foreign Aid, Law Enforcement, and Peacekeeping
Political Geography:
United States

12. Can You Help Me Now? Mobile Phones and Peacebuilding in Afghanistan

Author:
Sheldon Himelfarb
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
A decade ago, mobile phone usage in Afghanistan was almost nonexistent; now there are 13 million subscriptions for a total of 29 million citizens, and the annual growth rate of subscription is estimated at 53 percent. A number of factors have fueled this dramatic increase, including the sheer popular demand for communication, an absence of viable landline substitutes, government deregulation, and a competitive market that flourishes despite the conflict. Each of the major telecommunications companies in Afghanistan identifies the same five challenges to future expansion: poverty, high illiteracy rates, corruption, an untrained workforce, and lack of security. Despite these challenges, Afghanistan has proved an exceptional case study in the use of mobile phones for social change in support of peacebuilding, as it has been the focus of numerous pilot application programs conducted by the government, non-governmental organizations (NGOs), and the private sector. Mobile money transfer (MMT) applications have proved to be powerful mechanisms for helping to reduce corruption, foster security sector reform, and promote economic development. Yet neither the international community nor the Afghan government has shown the will or the capacity to move MMT programs forward at a pace commensurate with their demonstrated potential. At least two other high-value mobile applications were cited during the June summit as having improved conditions for stability and reconstruction in early deployments: the provision of market information through mobile phones, especially in the agricultural sector, and the use of mobile phones to strengthen local governance and civil society. Both applications have sufficient promise to warrant large-scale rollouts and merit careful consideration by international donors, whose support is vital during the transition to sustainability. Other applications on the horizon that hold tangible if still aspirational promise for peacebuilding are those that use mobile phones for land dispute resolution, election monitoring, and gender empowerment and education.
Topic:
Conflict Resolution, Peace Studies, Science and Technology, and Peacekeeping
Political Geography:
Afghanistan

13. Mediating Peace with Proscribed Armed Groups

Author:
Veronique Dudouet
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Reforms to antiterrorism legislation are required to improve its effectiveness and fairness and make it possible to engage diplomatically with proscribed armed groups. The legal bases for proscription should be clarified and the criteria for delisting published. Listing and delisting instruments should be more nuanced and flexible. In addition, a separate legal and political component should facilitate engagement with proscribed groups in peace processes and humanitarian work. Political engagement with proscribed armed groups is possible and desirable when, first, the conflict parties (state and non state alike) are interested in exploring political solutions to a conflict; second, the parties are seen as legitimate representatives of social, political, or cultural interests by their community; third, parties have the capacity to deliver a ceasefire or peace agreement; fourth, engagement could generate significant behavioral change on the part of the actors involved; and fifth, strategic national interests favor engagement, or there is a strong demand by allies or the conflict victims to engage politically. Potential mediators working with proscribed groups should be aware of the risks of conferring legitimacy to a violent group, undermining moderates, and possibly extending the conflict if parties use negotiations to buy time or strengthen themselves militarily. Engagement also is not recommended when the position and demands of an armed group are so radical and outrageous that there is no possibility of finding an acceptable common ground. To enhance the chances of effective negotiations, mediators should thoroughly analyze the situation, set realistic expectations, and regularly evaluate the process and outcome of engagement. Various state and non state interveners should collaborate and divide labor among themselves. All significant armed groups and unarmed stakeholders should be involved in negotiations through multiple forms and tactics of engagement, recognizing that all conflict parties are entitled to continue pursuing their goals through nonviolent political means.
Topic:
Humanitarian Aid, Politics, and Peacekeeping

14. Conflict and Post-Conflict Governance: The Stakeholder Perspective

Author:
Jacleen Mowery, Demis Yanco, and Ryan McClanahan
Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Post-conflict governance requires simultaneous and complementary action on three levels. national governance, local governance, and civil society. Norbert Mao, a parliamentary leader from Uganda, offered this progression for managing the trade-off between short-term stabilization and long-term capacity building: "In the emergency phase, you should do it for us. In the reconstruction phase, you should do it with us. And in the development phase, you should do it through us." Efforts to develop the capacity of local governments to deliver services may be more responsive to external assistance than programs aimed at overcoming systemic dysfunctions in the central government, in part because municipal officials are more accountable to their communities. Civil society should be a prominent player in transitioning to “local ownership,” which may erroneously be conceived in terms of ownership by national and perhaps local governments. Building the capacity of civil society entails connectivity with international partners and ideas, not just financing. There are trade-offs involved among the three stakeholders. Among the most salient, when a legacy of abuse of power by the national government and repression of opposition groups must be confronted, an active civil society is essential. An invigorated civil society can fundamentally challenge illicit structures of power that profited from conflict.
Topic:
Conflict Resolution, Civil Society, Government, Peace Studies, War, Governance, and Peacekeeping
Political Geography:
Uganda

15. Chad's 2007 Peace Agreement Plagued by Poor Implementation

Author:
Delphine Djiraibe
Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Political crises and armed opposition movements have plagued Chad for several years. After several failed peace initiatives, the August 13 Agreement was reached in 2007. The agreement is the most viable framework for bringing peace to Chad. It calls on the Chadian government to reform critical electoral institutions, undertake a credible electoral census and demilitarize politics in order to ensure fair and transparent elections. To date, the agreement has been poorly implemented. It jeopardizes the credibility of the upcoming legislative elections, currently scheduled for February 2011. Only comprehensive reform that addresses the development and governance challenges facing Chad will definitively end its political crisis.
Topic:
Conflict Resolution, Peace Studies, Treaties and Agreements, War, and Peacekeeping
Political Geography:
Africa