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.     

Creating norms around the Eastern Mediterranean energy resources as a necessary means of security

ABSTRACT

The energy discoveries in the Eastern Mediterranean since the 2000s have placed the long-standing rivalry between Turkey and Cyprus (and by extension Greece) in a new context, bringing also Egypt and Israel into the geopolitical equation. Turkey, on the one hand, has adopted an assertive profile, whereas, on the other hand, two axes of cooperation have been formed, Greece-Cyprus-Egypt and Greece-Cyprus-Israel, convening trilateral summits and signing agreements. In view of that, it is currently upheld that the confluence of energy interests among the actors of the trilateral summits has facilitated a legalisation throughout the Eastern Mediterranean, propelling states towards the development of the energy resources according to the UNCLOS, and the implementation of the international law in the Cyprus problem, as a necessary means of guaranteeing the actors’ sovereignty, creating norms, and enhancing security, without targeting any third country. The argument shows how legalisation, as a special form of institutionalisation, and soft law, in particular, nurture regional cooperation and place it under the “protective wings” of international institutions.     

The politics of security sector reform in ‘fragile’ or ‘post-conflict’ settings: a critical review of the experience in Timor-Leste

Security sector reform (SSR) policy has, for the better part of a decade, been viewed as instrumental to the larger international project of improving and strengthening the ‘capacity’ of post-conflict and ‘fragile’ states. The current policy approach, which represents a merging of security and development agendas in the post-Cold War era, is based on the premise that fragmented, ineffective, poorly managed and politicised state security institutions threaten political stability and undermine poverty reduction and sustainable development goals. The objective of this article is to examine aspects of what has been described as the ‘SSR policy-practice gap’ that arose in the course of implementing SSR policy in Timor-Leste by analysing the systemic basis of the gap. An analytical framework that untangles the relationship between SSR policy objectives, targets and outcomes is presented in concert with a discussion of the social and political circumstances that confronted international organisations and donor countries when they sought to implement SSR policy in Timor-Leste. By using the analytical framework to assess the policy coherence between SSR objectives and the SSR programme contained in UN Security Council Resolution 1704, the ubiquitous disconnect between SSR ‘Gospel and Reality’ is pulled more sharply into focus.     

Police,policy and politics in Brussels: scenarios for the shift from sovereignty to solidarity

This article analyses the evolution of European Union (EU) police cooperation on the basis of structural processes in the form of agencification, regulation and standardization, as well as substantive processes in the form of information-sharing and multi-disciplinary cooperation. The Lisbon Treaty holds some key conditions for further integration. The level of integration of police cooperation in the EU is measured by analysing institutional power, the regulatory framework and transnational professionalism. Despite a positive score on each of these levels, member states remain caught between national sovereignty and solidarity. As a consequence, they face an implementation gap and have not embedded European police cooperation in their domestic systems. Building on the pro-integrative moves that have been introduced by virtue of the Lisbon Treaty, improved governance and deeper integration can be achieved by means of more active parliamentary involvement, independent police oversight (both at European and at the national level), the mainstreaming of cooperation mechanisms and a systematic Europe-wide cultivation of police professionalism. Within the realm of internal security cooperation in the EU, a concerted effort is required which demands close consultation between relevant institutional actors and the professional actors in the member states.     

Security sector reform: bringing the private in

As the links between security and development have been increasingly recognized, Security Sector Reform (SSR) has become a central part of development policy. Following a traditional Weberian conception of the state, these programmes are almost exclusively focused on the public security sector, neglecting the extent to which people in developing countries have come to rely on private security providers for their day-to-day security needs. While the reform of public security institutions is undoubtedly important, this article argues that a strict public/private distinction is a poor guide to security sector reform. Focusing on Sierra Leone and Kenya, the article argues that ‘bringing the private in’ is crucial to a comprehensive understanding of the security situation in most countries and that any attempt to ensure better security for all must take account of private actors. Private security companies and their integration into SSR matter not simply in terms of the maintenance of law and order, but also in terms of who has access to security, and ultimately, for the legitimacy of social and political orders.     

The influence of research and local knowledge on British-led security sector reform policy in Sierra Leone

Externally-led security sector reform (SSR) in conflict-affected countries may require an array of different and timely interventions to restructure the whole security architecture of a state. Whilst the intent of these efforts is political, their nature is usually technical, operational and targeted at military, police, justice or intelligence actors, or relevant groups in the civilian policy sectors. Because of their urgency, there is seemingly little or no room for research to influence the implementation of these activities. Nevertheless, academic studies on SSR have flourished in recent years, and case studies, ‘lessons learned’ and recommendations for policy-makers now enrich this burgeoning literature. This paper analyses one of the early cases of an externally-led SSR intervention, namely the United Kingdom (UK) assistance programme in conflict-affected Sierra Leone. It seeks to understand whether and how research and knowledge on topics relevant to SSR influenced the development and implementation of the UK's SSR assistance policy in this country. Building on the Sierra Leonean case study, it then examines some general issues and themes, which characterise the use of research in SSR policy in conflict-affected environments.     

Custom,contestation and co-operation: peace and justice promotion in Somaliland

This article explores alternatives to prevailing state-centric and legalistic approaches to supporting local security and access to justice. It does so through a case study of an initiative developed by an international NGO in partnership with a group of traditional authorities in Somaliland. The initiative aimed at enhancing local security and access to justice, drawing on customary conflict resolution mechanisms and everyday strategies of self-securing. At the same time, the initiative was shaped by international input and liberal notions of human rights and human security. This approach entailed a renegotiation of both local ordering and international discourse. Drawing on our fieldwork, we examine the initiative as it has evolved since 2003, and discuss what it suggests in terms of prospects for international support to ‘non-state’ actors. In particular, the article draws attention to the potential of working with everyday local practices to enable social change rather than focusing narrowly on reforming legal systems (whether state or customary).     

数字经济时代的全球数据安全治理与中国策略

进入数字经济时代以来,日益严峻的数据安全风险与变幻莫测的国际形势交织叠加,各国围绕数据安全治理规则博弈呈现加剧态势,引发全球数据安全治理问题。各国际行为体虽然已经意识到数据安全治理的重要性,但对全球数据安全治理并未形成统一的治理框架。全球数据安全治理仅仅由单边、双边和多边框架以及贸易规则拼凑而成,相关治理议题在公民个人、社会、经济以及国家安全等多个层面相继涌现。多领域多维度的数据安全问题难免造成治理主体利益诉求的差异,也导致全球数据安全治理出现了规则碎片化、机制效用不足、治理乏力等问题。与此同时,个别国家的数据霸权主义行为更是使得国际行为体难以凝聚共识,全球数据安全治理步履蹒跚,重视和加强对全球数据安全问题的治理迫在眉睫。中国高度重视数据安全的相关议题,由于中国在数据治理领域起步较晚,仍存在立法不完善、技术创新能力薄弱、国际合作不足、治理乏力等问题。中国需要全面、系统地分析影响数据安全的各种重大风险因素,准确把握全球数据安全趋势,进一步优化中国在全球数据安全治理中的策略选择。     

Organizational reform and the rise of trust funds: Lessons from the World Bank

Over the past two decades, earmarked funding to international development organizations through special-purpose trust funds has increased greatly. This paper studies the incentives for trust funds from the perspective of multilateral agencies, notably the World Bank. A theoretically intriguing type of funds are so-called “pass-on funds,” in which one unit hosts the fund, then passes on its resources to another type of unit for implementation. Each unit has different preferences for the specific types of activities to be supported by the fund. Interviews with World Bank staff and complementary documents demonstrate the rationale for pass-on funds and the associated division of labor between fundraising network units and implementing regional units. While pass-on funds reflect an efficient division of labor between functionally specialized units, they increase the misalignment between sector-specific global priorities and country-specific needs. Organizational reform drove the sudden explosion of pass-on funds around the millennium turn, facilitated by growing availability of donor monies for specific sectors and by lenient internal regulation. Organizational reform undermined budget autonomy of sector units, causing those units to seek new funds in their areas of expertise. A number of reform features also reduced administrative budgets of country units, increasing their demand for pass-on funding grants. The results contribute to the emerging literature on earmarked funding and highlight the need to consider international organizations as heterogeneous actors.     

Collective Security and Non-State Actors in Eurasia

International security cooperation usually takes one of two forms. A classical collective security organization is designed to promote international security through regulating the behavior of its member states. A defensive security organization is designed to protect a group of states from threats emanating from a challenging state or group of states. Both forms of security cooperation bind states to act in concert with respect to threats presented by other states. The emergence of non-state actors such as terrorist or extremist organizations challenges traditional forms of collective security. Threats from political extremism, terrorism, and outlaw organizations have grown in visibility during the past decade in the countries of Eurasia. The terrorist attacks of September 11 and the ensuing global war on terrorism have given added impetus to the Eurasian inter-state cooperation in confronting non-traditional threats and challenges from non-state actors. Bearing in mind the theory of collective security, this article analyzes threats posed by non-state actors with respect to Eurasian collective security organizations including the Shanghai Cooperation Organization, the Conference on Interaction and Confidence Building Measures, and the CIS Collective Security Treaty Organization. The article concludes that the effectiveness of these organizations at achieving stated objectives depends upon their capacity to adopt new criteria of effectiveness.     

Mind the gap: the importance of local institutional development in peace-building-funded security interventions

In this paper, the authors analyse current spending priorities of the Peacebuilding Fund (PBF)-funded security sector reform (SSR) programmes. They conclude that these spending priorities do not appear to support traditional components of SSR and underfund programmes needed for the development of local public administration and civil society. This is observed despite the published commitments of UN PBF funding priorities to include the strengthening of national institutions in the context of support to the wider security and justice sectors.1 ?1. See UNPBSO, Strategy 2012–2013. The underfunding of civil society and local administration has been shown to undermine PBF's goals for the type of liberal democratic reform upon which peace-building, conflict management and conflict prevention rests. Focusing on the importance of accountability, the authors build on the scholarship of the rule of law literature to explore wider concerns associated with limited support to local public institutions and civil society. Drawing on empirical research on the peace-building experience in Sierra Leone, the authors reflect on concerns with the effects of past and current funding priorities and expose a number of ‘capacity deficits’ which have emerged in the wake of PBF funding patterns. The article concludes with several recommendations for a contextual approach to the development of local institutions and civil society in PBF-recipient countries more generally, and in Sierra Leone more specifically. This work contributes to the growing literature that seeks to link security sector reform with the need for a more nuanced approach to peace-building.     

Security sector reform: The building of security in Bosnia and Herzegovina

This article addresses the issue of Security Sector Reform (SSR) in Bosnia and examines whether the reform of security structures has enhanced security of Bosnia as a whole. The experience of recent armed conflict, and fragmentation and ethnicization of security structures have created special challenges for SSR in Bosnia. Transformation of the security sector in Bosnia is made even more complicated by the plethora of international actors involved in the process. The article argues that, despite the complexity of the task, SSR has produced some notable results, particularly in redressing the balance of power between the state and entities in the spheres of defence, policing and intelligence. However, while some of the SSR initiatives appear to be very successful in their main objective, they have inadvertently created some new security risks and/or displaced problems into another area. Thus, the question remains whether Bosnia's security has been enhanced in the process. The article identifies two main obstacles which block further progress in the building of security in Bosnia: first, the lack of local ‘ownership’ of SSR, and second, the Dayton constitutional arrangements. The article concludes that until these two fundamental issues are effectively addressed Bosnia will remain a weak, marginalized country filled with insecurity, divisions and adversity.     

澜湄水资源安全与合作:流域发展导向的分析视角

进入21世纪,澜湄流域的人口增长、经济快速发展和城镇化,增加了各国用水需求,而各国对水资源的非协调性开发以及气候变化影响下的极端天气频发,导致水安全问题凸显,流域可持续发展面临压力。当前,澜湄流域水安全处于中等脆弱状态,但已建、在建和计划建设项目的累积影响将进一步加剧水资源脆弱性。为保障水安全,湄公河国家迫切期望加强彼此之间及与上游的中国在水资源问题上的磋商、协调和合作,其共同水安全需求从低到高可分为四个层次:防洪安全、供水安全、生态安全及水—粮食—能源协同安全。这四种安全需求是同时存在的,但在流域国家社会经济发展所处的不同阶段,亦有不同侧重。澜湄水安全合作既要满足流域各国水安全需求,又不能脱离流域的整体发展,因此应正确把握安全与发展的辩证关系,分阶段、有步骤地推进和深化:尽早建立风险防控协调机制,开展流域国家联合勘察和应对气候变化协同研究;2030年左右建立供水安全和生态安全合作机制;到21世纪中叶开展全流域水资源综合管理,实现水—粮食—能源协同安全。     

Security Governance and Networks: New Theoretical Perspectives in Transatlantic Security

The end of the Cold War has not only witnessed the rise of new transnational threats such as terrorism, crime, proliferation and civil war; it has also seen the growing role of non-state actors in the provision of security in Europe and North America. Two concepts in particular have been used to describe these transformations: security governance and networks. However, the differences and potential theoretical utility of these two concepts for the study of contemporary security have so far been under-examined. This article seeks to address this gap. It proposes that security governance can help to explain the transformation of Cold War security structures, whereas network analysis is particularly useful for understanding the relations and interactions between public and private actors in the making and implementation of national and international security policies.     

The challenges and lessons of security sector reform in post-conflict Sierra Leone

This paper assesses the main elements of SSR process in Sierra Leone, against its historical background as well as the imperatives of a responsive and responsible security sector. The reform of the security sector in Sierra Leone has enhanced the restoration of public safety in the country, and the positive features of the process relate to the inclusion of SSR as the first pillar of the country's poverty reduction strategy, and the emphasis of SSR on the decentralisation of the security apparatus. Significant gaps however remain. Donor dependency and the ‘youth question’ are continuing challenges. Arguably, the most significant deficiency is the fact that the security sector has not been adequately embedded in a democratic governance framework. There is an absence of functional oversight mechanisms, and a failure to involve other actors beyond the executive arm of government in the governance of the security sector. The paper cautions that SSR can be successful only as part of an overarching democratic post conflict reconstruction framework.     

Applying the security-development nexus on the ground: land restitution in Colombia

The general consensus on the security-development nexus is that both are key to achieving sustainable peace in war-torn societies. However, this debate has largely taken place among international actors, with little empirical evidence about how security and development relate to each other or are even considered by local actors. The current paper applies the security-development nexus to the case of land restitution in Colombia. Following decades of internal armed conflict, in 2012 the national government passed sweeping land restitution legislation amid ongoing violence. Through in-depth interviews and focus groups with multiple actors involved in this process, ranging from international organisations to national government units, from regional institutions to local communities, the paper analyses the objectives, impact, challenges and opportunities for land restitution related to security and development. Undermining peace-building, a lack of coherence in the integration of security and development priorities limits the extent to which either supports, or is promoted by, land restitution efforts in Colombia. The paper concludes with reflections on how the security-development nexus may promote peace-building amid ongoing conflict.     

Toward purposeful individual capacity strengthening: alternative considerations for Western NGOs

The international donor community continues to emphasise country-led development strategies designed to equitably engage public and civil society agents in managing development assistance. Similarly donors who fund Western NGOs to implement development programmes on their behalf in recipient countries are increasingly pushing for cost-effective programme implementation that actively engages local actors. This article proposes an alternative theoretically grounded model for individual capacity strengthening to responsive and mission-driven Western NGOs that claim to be committed to ideals of capacity strengthening and indigenisation of programme leadership.     

Security cooperation in and with Asia: towards a pragmatic turn in the EU’s security policy?

ABSTRACT

Since the adoption of the first EU-Asia Strategy in 1994, there has been persistent scepticism about the EU’s ability to play a significant role in Asian security. Yet, since the release of the 2012 Updated East Asia Policy Guidelines, the EU has declared its intent to make greater practical contributions to Asian security. Against these premises, this article attempts to reflect on the evolution of the EU’s security approach to Asia, with the ultimate goal of analysing to what degree, it represents a continuation or a departure from former EU policies in the region. In scrutinising these developments, this article argues that in light of the strategic changes, that have occurred in Europe and in Asia, the EU has started to revise its security approach to the region in more pragmatic terms. The pragmatic character of the EU is seen as looking into the changes of the content of the security discourse, which appears increasingly depoliticised and, into the new practices of cooperation, which unlike in the past, seek to empower local actors, are sensitive to local needs and, call for greater security collaboration between the EU and Asian countries, to cope with regional and global challenges.     

Parallel authoritarian powers: an explanation of Mexico’s authoritarian regime breakdown

Regional multilateral regimes have become important instruments for promoting and defending democracy around the world. The novel nature of these regional instruments has generated a cottage industry in social science scholarship. Yet, none of these works compare the democracy promotion and defence regimes of the Organization of American States (OAS) and the African Union (AU). This article is designed to fill this gap. We argue that the unique constellation of actors that are members of each respective organization have reinforced two distinct democracy promotion and defence paths. The state-driven regime evolution characteristic of the Americas contrasts with Africa's expert-driven process of regime construction. The state-centric process of the OAS regime has bolstered a narrow interstate multilateralism that upholds traditional sovereign state prerogatives and minimizes the role for non-state actors in the promotion and defence of democracy in the Americas. The expert-driven process of AU's regime construction has fostered a legalistic approach to democratic promotion and defence in Africa and opened up space for non-state actors to play a central role in the development of regional democracy promotion and defence norms.     

The European External Action Service,Counterterrorism and the Imperative of Coherence

ABSTRACT

The European External Action Service (EEAS), specifically mandated with enhancing coherence between the Common Foreign and Security Policy (CFSP) and non-CFSP bodies on the one hand, and the European Union and member states on the other hand, has the potential to increase CFSP’s contribution to the fight against terrorism and diminish the boundaries between CFSP and other policies. Several of the EEAS’ cooperation and coordination duties, as well as the inclusive composition of the Service, allow for a more coherent approach to counterterrorism policymaking. In practice, coherence is unfolding in diplomatic cooperation with third countries and Common Security and Defence Policy (CSDP) missions, as CFSP and Justice and Home Affairs actors seem to build on one another’s strengths. The picture is more nuanced in the area of intelligence, where the activities of the EU intelligence centre, transferred from the Council of the European Union to the EEAS, are conditional upon member states’ willingness to exchange information. Ultimately, current efforts towards coherence remain subject to a somewhat paradoxical two-speed process: one that encourages the meshing together of institutional actors and policy cultures, while deferring access to justice to national law, thereby yielding a system of protection of individuals à géométrie variable.