Multi-layered justice and security delivery in post-conflict and fragile states

This paper examines the value of an alternative approach to SSR policy, namely a multi-layered one in post-conflict and fragile state environments. It begins by arguing that there is a state-centric bias in current SSR policy and practice. This contradicts development principles of a ‘people-centred, locally owned’ approach in post-conflict and fragile state contexts. The SSR's state-centric approach rests upon two fallacies: that the post-conflict and fragile state is capable of delivering justice and security; and that it is the main actor in security and justice. The paper goes on to present the outline of a multi-layered strategy. This addresses the issue of who is actually providing justice and security in post-conflict and fragile states. The paper continues by describing the accountability mechanisms that could be pursued by SSR programmes in support of this approach. The conclusion is that the advantage of the multi-layered approach is that it is based not on the state's capacity, but on the quality and efficacy of the services received by the end user, regardless of who delivers that service.     

Rethinking neo-liberal state building: building post-conflict development states

In attempting to rebuild post-conflict failed states, the international community has drawn heavily on neo-liberal development paradigms. However, neo-liberal state building has proved ineffectual in stimulating economic development in post-conflict states, thus undermining prospects for state consolidation. This article offers the developmental state as an alternative model for international state building, better suited to overcoming the developmental challenges that face post-conflict states. Drawing on the East Asian experience, developmental state building would seek to build state capacity to intervene in the economy to guide development, compensating for the failure of growth led by the private sector to materialise in many post-conflict states. The article concludes that such an approach would, in the first instance, require the international community to accept more honestly its developmental responsibilities when it decides to intervene to rebuild failed states.     

The Rule of Law and the UN Peacebuilding Commission: a social development approach

There is a danger that the Rule of Law Assistance Unit of the United Nations Peacebuilding Commission will employ the same dominant but problematic paradigm that the international development community has pursued across the globe. This top-down, state-centred paradigm, sometimes known as ‘rule of law orthodoxy’, stands in contrast to an alternative set of strategies: legal empowerment. Legal empowerment involves the use of legal services, legal capacity-building and legal reform by and for disadvantaged populations, often in combination with other development activities, to increase their freedom, improve governance and alleviate poverty. It is typically carried out by domestic and international non-governmental organisations (NGOs), but also by governments and official aid agencies. This alternative approach focuses directly on the disadvantaged and integration with other development activities, which means it often operates under the de facto rubric of social development. Legal empowerment strategies vary among countries and NGOs. But their impact includes reforming gender-biased, non-state justice systems in Bangladesh; ameliorating the legal system's corruption in post-conflict Sierra Leone; keeping the human rights flame burning in post-conflict Cambodia; advancing natural resources protection and indigenous peoples' rights in Ecuador; and strengthening agrarian reform in the Philippines. Addressing such priorities can help alleviate poverty, ameliorate conflict and prevent chaos or repression from dominating the disadvantaged, particularly in conflict or post-conflict societies.     

The policy-making dimension of post-conflict governance: the experience of Aceh,Indonesia

Rebuilding and strengthening the essential functions of government is a critical aspect of peace-building and recovery after conflict. There is now a wide literature on the challenges of post-conflict state-building based on the international community's experiences in such places as Kosovo, East Timor, Iraq and Afghanistan. Much of this literature is concerned with the challenges of strengthening administration and service provision—what might be loosely called the policy implementation functions of government. Much less attention has been given to the policy formulation capacities of post-conflict governments. This is surprising given the importance of conflict-sensitive policies for peace-building and for laying the foundations for economic growth and employment. Many post-conflict governments lack capacity for policy development—a gap that is often filled by international technical assistance. In cases where the international community is providing support to a reasonably functioning government after a conflict, this study argues that more attention needs to be given to the government's policy-making capacity. Using the experience of post-conflict Aceh as a prism, the study argues that technical advice can be too easily wasted unless there is concomitant support for developing the institutional infrastructure needed to manage advice and to prepare options for political deliberation and choice.     

Is a Human Security Approach Possible? Compatibility between the Strategies of Protection and Empowerment

This article explores the delivery of strategies for human security,protection and empowerment, using as case study the UN AssistanceMission in Afghanistan (UNAMA) during 2002 and 2003. This UNoperation took place in the context of the international interventionsin Afghanistan and was a direct consequence of the US-led waron terror and the post-conflict state-building process whichensued. It was tasked to address the immediate human insecurity.The analysis of this mission highlights the pertinent issueswhich relate to the development of an effective human securityapproach and which apply to UN operations in general. It isvital, in this respect, to examine the compatibility betweenthe strategies of protection and empowerment, as human securitynow forms a central value of UN operations. This exploration,in turn, questions the distinct role of the UN in dealing withhuman insecurity in post-conflict situations.     

Does the sequence of land reform and political reform matter? Evidence from state-building in Afghanistan

Property insecurity is associated with terrorism, insurgency and economic underdevelopment. For this reason, land reform is often implemented alongside political reform in post-conflict settings. In contrast, this article argues that political reform should be sequenced prior to land reform during state-building. Evidence from Afghanistan shows how land redistribution, legal titling, decentralisation of state-owned land and provision of legal services to resolve land disputes are unlikely to alleviate political violence or facilitate economic development without establishing or substantially improving political capacity, political constraints and inclusive political institutions at the local level. These findings suggest the importance of sequence in the process of land reform and political reform. More generally, political reform is a prerequisite for land reform to reduce violence and improve development prospects in post-conflict settings.     

‘This gun is our food’: Disarming the White Army militias of South Sudan

The continued presence of ‘other armed groups’ poses a significant challenge to furthering peace and stability in post-conflict environments. A good example of this was ‘White Army’ militias, which maintained an armed presence after the signing of Sudan's Comprehensive Peace Agreement in 2005. This article presents an empirical mapping of the White Army militias as well as a detailed analysis of the disarmament strategies that were implemented for them during the course of 2006. The article concludes with an analysis of the successes in achieving disarmament of White Army militias as well as the continuing challenges faced by Sudanese authorities and the international community alike in building sustainable conditions for peace.     

Financing the peace: Evaluating World Bank post-conflict assistance programs

Does World Bank aid to countries damaged by civil conflict meet its stated goals of speeding economic recovery and reducing the risk of conflict recidivism? We contend that the Bank’s success depends on its ability to bolster and signal the credibility of politicians’ commitments to peaceful politics and tailor its programs to the post-conflict environment. In the first systematic evaluation of World Bank post-conflict assistance, we estimate selection-corrected event history models of the effect of Bank programs on recovery and recurrence using an original dataset of all World Bank programs in post-conflict environments. Among key results, we find that the Bank tends to select aid recipients according to their pre-existing probability of conflict recurrence and that, once we control for this non-random selection, the Bank has no systematic effect on either conflict recurrence or economic recovery.     

Capacity builders for governance: community-driven reconstruction in the eastern Democratic Republic of Congo

Community-driven reconstruction (CDR) has become a new paradigm in post-conflict development. It combines infrastructure restoration with introducing good governance at the local level. Recent evaluations show that governance objectives are not easily met and significant change cannot be demonstrated. This paper adds to this argument on the basis of ethnographic research on a CDR programme in eastern DRC. It seeks to find explanations for the lack of demonstrable governance impact in the content and implementation of training. It identifies room for improvement by better adjusting capacity building to locally prevailing accountability mechanisms and by coordinating capacity building with other development programmes.     

Post-conflict pro-poor private-sector development: The case of Timor-Leste

Post-conflict economic development is central to reducing poverty and improving local livelihoods. In this regard, many post-conflict development plans place a high priority on private-sector development. This paper examines the role of the private sector in post-conflict situations and discusses possible interventions for economic recovery based on a review of the literature and fieldwork in Timor-Leste. The paper identifies key factors critical to pro-poor private-sector development in post-conflict situations, with particular reference to Timor-Leste, considers some of the major obstacles, and suggests public policies to identify promising export products and to strengthen small and micro enterprises that might help the country to achieve pro-poor economic recovery and growth.     

(Re-)building governance in post-conflict Africa: the role of the state and informal institutions

Post-conflict governance is an increasingly important aspect of foreign development assistance in sub-Saharan Africa (SSA), where the weakening and disintegration of the state undermine sustainable human development. A major challenge in post-conflict rebuilding in SSA concerns the incorporation of subnational non-state structures and informal institutions into the post-conflict governance apparatus. In order to tackle this apparent gap in sustainable peacebuilding, more theoretical and empirical research is needed into the nuanced role(s) and contribution(s) of the post-conflict state in reconstituting governance and rehabilitating communities. This article discusses the post-Washington Consensus (PWC), an emerging development approach which seeks to re-introduce the role of the state in development and post-conflict studies. The central proposition of the article is that, contrary to the anti-statist premise of the Washington Consensus, states, non-state structures, and informal institutions play an important role in cultivating institutional reconciliation, interpenetration, and integration between macro-level government structures and subnational social institutions.     

World views in peace building: a post-conflict reconstruction challenge in Cambodia

This article explores post-conflict reconstruction in Cambodia through an analysis of both the dangers of liberal peace building and the positive role that training in capacity building plays in war-torn societies. The central question addressed is how insider–outsider dynamics influence Cambodia's post-conflict reconstruction projects; and what assumptions do international workers and Cambodian NGO staff make about ‘the good life’ that will be constructed? The article offers an overview of Cambodia's history and cultural context to situate its analysis of liberal peace building and foreign donors, as well as the behavioural characteristics of international peace builders operating within Cambodia. It assesses the potency of elite capture of insider–outsider partnership, specific NGO management practices, and the role of gender to better illuminate the challenges for post-conflict reconstruction. The article concludes with recommendations for improving future partnerships between insiders and outsiders in Cambodian peace-building projects.     

The Effects of Global Policy Networks on Peacebuilding: Framework of Evaluation

International organisations and non-governmental organisations involved in peacebuilding often form networks with one another and transplant themselves into war-torn territories with divided communities, weak governments, and little trust between the public and the government. This study examines how this network mechanism of governance orchestrated by international actors can have a political effect on the institutional development of the post-conflict state. The article argues that, superiority in mobilising resources and organisational flexibility notwithstanding, networks pose unique challenges to peacebuilding initiatives: because of the diversity of their members, networks tend to link up to various sectors within the post-conflict entity, thereby perpetuating often pre-existing schisms between the post-conflict government and the society. The study cautions that networks can be prone to parochial political influences from local and international actors, thereby fragmenting the state and the society in a given post-conflict country. But it also highlights that networks can effectively mobilise resources while maintaining political autonomy and independence from their donors, elites from the post-conflict state and the grassroots communities. The enhanced political autonomy is a measure of enhanced problem solving and bureaucratic prowess of the network, which is associated with networks with particular institutional attributes, discussed in the paper.     

Aid,growth and peace: a comparative analysis

This article disaggregates aid data to enrich our understanding of the patterns of post-conflict aid. We find that the front-loading of aid after a peace agreement, detected by previous research, has not been the general pattern. To begin with, relief and aid need separating out, commitments and disbursement distinguished, and four-year averages replaced by annual figures. Detailed analysis of seven post-conflict cases confirms that the political contexts of donation and implementation, including political assessments of peace agreements, have considerable influence on aid patterns. Finally, high levels of aid and rapid economic growth are not essential preconditions for sustaining peace. More significant are the short-term stabilisation strategies adopted and the distributive effects of structural adjustment.     

Inscribing the victor’s land: nationalistic authorship in Sri Lanka’s post-war Northeast

This article examines the nationalistic authorship of space in Sri Lanka’s post-conflict Northeast as part of the state’s nation-building strategy and as a continuation of a post-colonial process of Sinhala-Buddhist nationalistic revival. Exploring issues of historiography, conflict resolution, physical vehicles of ideology and collective memory, the article demonstrates how land policies, development and the tourism industry in a post-conflict context can go hand-in-hand with dispossession, militarisation and the humiliation of a ‘defeated’ minority community.     

Aid partnership in the Bougainville conflict: the case of a local women's NGO and its donors

Thisc article documents lessons learned from a study of aid partnerships in post-conflict development and peace building in Bougainville. It examines how donor agencies, in this case the Australian Agency for International Development (AusAID) through the International Women's Development Agency (IWDA), contributed to the successes and failures of the Leitana Nehan Women's Development Agency (LNWDA). Although the donors contributed to the organisational development and capacity of the LNWDA, the balance of power remains unequal. Furthermore, the deployment of an intermediary body in the partnership exerts considerable pressure on the LNWDA, because it has to deal with multiple demands for accountability, which affect the impact of its own work on the ground. It is argued that in order to enhance the impact of their assistance, donor agencies need to develop a framework in which partnerships are sustained through mutual and less demanding accountabilities.     

Recrafting the national imaginary and the new “vanguardism”

An opportunity exists to assess the limitations in building long-term peace in post-conflict states, particularly given the extent to which negotiated settlements incorporate demands for democratic mechanisms. By assessing how post-conflict governments construct new majorities through policy tools as well as assessing how they are constrained by the structural realities of negotiated settlements, we gain some purchase on the reasons why some post-conflict state projects succeed while others fail. This has potentially transformative implications for our understanding of how social contracts, and their attendant issues of consent, dissent, and legitimacy, operate in the modern world and the ways they impact such critical discussions as democratic transition, post-conflict reconciliation, and nation-building. We use the case of post-apartheid South Africa to analyse how post-conflict states are limited in terms of forging social contracts among citizens and between citizens and governments. Of specific interest is the way that post-conflict social contracting compels nation-builders to eschew the uncertainties of viable electoral democracy in favour of dominant party regimes or electoral authoritarianism. We suggest that this tension is less a result of pecuniary interest on the part of nation-builders and more a consequence of the imperfections of the modern social contracting process.     

The role of private sector actors in post-conflict recovery

Countries need active, equitable and profitable private sectors if they are to graduate from conflict and from post-conflict aid-dependency. However, in the immediate aftermath of war, both domestic and international investment tends to be slower than might be hoped. Moreover, there are complex inter-linkages between economic development and conflict: in the worst case private sector activity may exacerbate the risks of conflict rather than alleviating them. This paper calls for a nuanced view of the many different kinds of private sector actor, including their approaches to risk, the ways that they interact and their various contributions to economic recovery. Policy-makers need to understand how different kinds of companies assess risk and opportunity. At the same time, business leaders should take a broader view of risk. Rather than focusing solely on commercial risks and external threats such as terrorism, they also need to take greater account of their own impacts on host societies. Meanwhile, all parties require a hard sense of realism. Skilful economic initiatives can support—but not replace—the political process.     

Voting for peace,mobilizing for war: post-conflict voter turnout and civil war recurrence

In democratic elections around the world, high levels of voter turnout are frequently praised as a sign of democratic legitimacy and consolidation. However, while popular participation should be lauded in many circumstances, under certain conditions it can also have nefarious side effects. In post-conflict countries, high levels of voter turnout may make it easier for militants to return to arms because everyday people are invested in the political process and the electoral outcome. Through the use of survival modelling, this study finds that voter turnout is positively correlated with civil war recidivism in post-conflict first elections. Even when elections are not particularly contentious or when structural factors (such as level of development) are auspicious, voter turnout continues to have a positive and statistically significant relationship with recidivism.     

Mainstreaming the non-state in bottom-up state-building: linkages between rebel governance and post-conflict legitimacy

This article explores the potential for mainstreaming wartime rebel governance structures into post-conflict state-building efforts. Through a study of the Sudan People's Liberation Army/Movement's (SPLA/M) efforts at state-building in South Sudan (1994–2011), it examines the oft-neglected linkages between rebel governance and post-conflict legitimacy. Findings highlight three pitfalls of mainstreaming non-state roles without sufficient analysis of the sources of legitimacy underlying rebel governance frameworks. First, by drawing upon the functions and legitimacy of other non-state actors rather than the rebel group itself, an artificial image of state-building can be projected. Second, due to the fragmented and dispersed nature of legitimacy, the ‘bottom-up’ logic of state-building can prove dubious. Third, weak capacity in governance, and subcontracted sources of legitimacy, are likely to undermine the ability to develop independent structures and functions. Conclusions offer four case specific insights that can assist policy-makers in applying a more critical framework to the legitimacy of armed groups, before incorporating them into post-war governance arrangements.