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131. The Privatisation of Security in Africa: Challenges and Lessons from Côte d’Ivoire, Mali and Senegal

Author:
Alan Bryden, Aliou Diouf, Edem K. Comlan, Kadidia Sangaré Coulibaly, Aly Sagne, and Emmylou Boddi
Publication Date:
01-2016
Content Type:
Commentary and Analysis
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Private security in Africa is booming. Whether from the perspective of major multinational players or small-scale local enterprises, the market for commercial security has expanded and evolved over recent years. However, policy makers rarely address private security, national parliaments and regulatory bodies provide limited oversight in this area, and the attention of African media and civil society is localized and sporadic. In short, a fundamental shift in the African security landscape is taking place under the radar of democratic governance. "The Privatisation of Security in Africa: Challenges and Lessons from Côte d’Ivoire, Mali and Senegal" provides expert accounts which portray the realities of the contemporary private security industry in Africa. The volume analyses key characteristics of security privatisation in Africa, offers new insights into the significance of this phenomenon from a security sector governance perspective and identifies specific entry points that should inform processes to promote good governance of the security sector in Africa.
Topic:
Security, Privatization, Governance, Law Enforcement, and Multinational Corporations
Political Geography:
Africa, Senegal, Mali, and Côte d'Ivoire

132. The Complaint-Handling System and Civilian Oversight of the Palestinian Security Sector

Author:
Mahmoud Alawna, Nora-Elise Beck, Vlatko Cvrtila, Fatima Itawi, Saša Janković, Arnold Luethold, Frederic Maio, and Felix Tusa
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This working paper aims to support the ongoing efforts of the Palestinian executive authorities, security forces, independent institutions, civil society organisations (CSOs) and the media to strengthen the Palestinian complaints system. It identifies deficits in the complaints system of the Palestinian security sector and proposes recommendations to rectify them. It particularly stresses the need to improve coordination between the vast number of complaints units and calls for greater clarity on the role of civil society and the media. It hopes to raise awareness for these issues among Palestinian decision-makers and citizens and international actors. When fully functioning, the complaint handling system can be an effective source of information for the government to improve its performance and develop its services. The paper builds upon the discussions of the complaints working group, consisting of Palestinian government officials and representatives of the security forces, civil society and the media. DCAF presented the recommendations to senior Palestinian decision-makers in late September 2016, providing these with cases of international best practice.
Topic:
Security, Civil Society, Human Rights, Governance, and Law Enforcement
Political Geography:
Geneva, Europe, Palestine, and West Bank

133. Corruption Reports 2016: Hidden Economy in Turkey

Author:
Hasan Kirmanoğlu and K. İpek Miscioğlu
Publication Date:
12-2016
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
SELDI network have proposed to prepare a hidden economy overview to contribute to understanding the hidden economy and tracing its links with corruption that are significant for both anti-corruption practices and increasing welfare in Southeastern Europe (SEE) countries. Anti-corruption policies alone are unlikely to produce wide societal support, unless they are imbedded in economic reform and increase in prosperity. Therefore, a broadening of the anti-corruption debate from sheer law enforcement towards more economic grounded rationale, such as addressing the nexus between corruption and hidden economy, is needed.
Topic:
Corruption, Law Enforcement, Economy, Business, and Tax Systems
Political Geography:
Europe, Turkey, and Middle East

134. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

135. Monitoring and Evaluating the Rule of Law in Serbia

Author:
Andrej Stefanovic, Bojan Elek, Katarina Djokic, and Sofija Mandić
Publication Date:
11-2016
Content Type:
Policy Brief
Institution:
Belgrade Centre for Security Policy (BCSP)
Abstract:
This national study on monitoring and evaluation of the rule of law in Serbia reflects on the development in the areas Political criteria, Chapter 23 and 24 from the acquis, for the period after the 2015 Country Report by the European Commission. The purpose of this policy study is to assess the trends in the areas under analysis in Serbia.
Topic:
International Law and Law Enforcement
Political Geography:
Serbia

136. Plaintive Plaintiffs: The First and Last Word in Debates

Author:
Elena D'Agostino and Daniel J. Seidmann
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
Plainti¤s/prosecutors present their evidence before defendants in common law trials. We analyze a model of trials with the following properties. If litigants share a common pool of evidence then they never prefer to present …rst, but may prefer to present second. However, litigants may prefer to present …rst if they have di¤erent available evidence because presenting …rst replicates the follower’s ex ante optimal commitment. If litigants share available evidence then a litigant cannot prefer the option to choose the order after observing the available evidence over always presenting second; and it may prefer to always present second over having the option to choose the order.
Topic:
Politics, Law Enforcement, Courts, and Debates
Political Geography:
Global Focus and United States of America

137. Survivors Speak: Reflections on Criminal Justice System Responses to Domestic Violence in Bosnia and Herzegovina

Author:
Majda Halilović and Heather Huhtanen
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Domestic violence has increasingly been recognized as a societal problem and a criminal act as opposed to a private family matter. This is demonstrated by legislation that criminalizes acts of family violence and promotes gender equality and human rights. The question remains, however, whether criminal justice system professionals (police, prosecutors and judges) are applying existing legislation intended to hold perpetrators accountable, protect victims and their children and ultimately interrupt the damaging intergenerational pattern of domestic violence. This research explores the experiences of survivors of systematic domestic violence and contrasts those stories with common theories on the causes of domestic violence and criminal justice system practices in Bosnia and Herzegovina. The resulting publication reveals the extent to which systematic domestic violence is not appreciated as a serious criminal violation, and as a result, places victims, their children and the community at increased risk. Survivors Speak goes on to concretely identify evidence based risk factors within cases of domestic violence, validated through qualitative research in BiH. These risk factors can be used by criminal justice system professionals to appropriately assess and tailor the police, prosecutorial and judicial response to domestic violence, thereby enhancing victim and community safety and interrupting the intergenerational cycle of domestic violence
Topic:
Crime, Gender Issues, Human Rights, Law Enforcement, Gender Based Violence, Memory, and Violence
Political Geography:
Geneva, Europe, Eastern Europe, and Bosnia and Herzegovina

138. Research on Public Trust in the Police in Turkey

Author:
Nur Kırmızıdağ
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Research on Public Trust in the Police in Turkey, is based on survey data collected on a large-scale sample representative of Turkey. The report provides insights on perceptions of the public with regard to effectiveness/performance, legitimacy of the police and thereby lays bare the level of trust different segments in Turkey attribute to the police. The report utilizes sophisticated statistical methods and, for the first time in Turkey comprehensive scientific models on police trust are being applied giving the opportunity to comparatively analyze the results. Thus the following questions are examined in the report: What is the level of public trust towards police? What are the main components of police trust in Turkey? In how far do police legitimacy and police effectiveness/performance affect police trust in Turkey? What are the factors influencing public’s perception of police legitimacy and effectiveness? How does public’s perception of police legitimacy and effectiveness affect cooperation with and compliance to the police? How does this perception affect public’s toleration of police misconduct? How does public perception of police legitimacy, effectiveness and trust change with regard to different demographic factors in Turkey (political affiliation, ethnic background, religious affinity etc.)?
Topic:
Security, Law Enforcement, Democracy, Legitimacy, Statistics, and Police
Political Geography:
Turkey and Middle East

139. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia

140. Violence in Latin America: FSR Interviews Mónica Serrano

Author:
Mónica Serrano
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Mónica Serrano is Professor of International Relations at El Colegio de México, Senior Research Associate at the Centre for International Studies, Oxford University and a Senior Fellow at the Ralph Bunche Institute for International Studies, CUNY. Between 2008 and 2011, as Executive Director of the Global Centre for the Responsibility to Protect, she worked closely with the UN and other human rights organizations to build momentum behind an emerging international norm to prevent mass atrocities. Dr. Serrano has written extensively on international security, and on the international relations of Latin America, with particular reference to international institutions, security, human rights, transnational crime and civil-military relations.
Topic:
Crime, Globalization, Law Enforcement, Financial Crimes, Violence, Interview, International Crime, and Responsibility to Protect (R2P)
Political Geography:
Colombia, Latin America, and Mexico