The Limits of Liberal Peacebuilding? International Engagement in the Sri Lankan Peace Process

Abstract

This essay explores international engagement in the Sri Lankan peace process between 2002 and 2008. The internationalization of peacebuilding in Sri Lanka is analysed as part of a broader international shift towards a model of ‘liberal peacebuilding’, which involves the simultaneous pursuit of conflict resolution, liberal democracy and market sovereignty. The essay provides a detailed and disaggregated analysis of the various exporters, importers and resisters of liberal peacebuilding, with a particular focus on the contrasting ways in which the United National Front (UNF) and the United People's Freedom Alliance (UPFA) regimes engaged with international actors. It is argued that an analysis of the Sri Lankan case provides a corrective to some of the core assumptions contained in much of the literature on liberal peacebuilding. Rather than viewing liberal peacebuilding as simply an hegemonic enterprise foisted upon countries emerging from conflict, the essay explores the ways in which peacebuilding is mediated through, and translated and instrumentalized by, multiple actors with competing interests – consequently liberal peacebuilding frequently looks different when it ‘hits the ground’ and may, as in the Sri Lanka case, lead to decidedly illiberal outcomes. The essay concludes by exploring the theoretical and policy implications of a more nuanced understanding of liberal peacebuilding. It is argued that rather than blaming the failure of the project on deficiencies in its execution and the recalcitrance of the people involved, there is a need to look at defects in the project itself and to explore alternatives to the current model of liberal peacebuilding.     

Crafting a Region While Intervening? Regional Discourses on Burundi

Peacemaking interventions do not only intend to facilitate desirable order in crisis contexts but, thereby, the participating interveners also struggle to attach meaning to their own position in the world. The African interveners, loosely organized around the ‘Regional Peace Initiative on Burundi’, engender an image of the self that affects the possibilities for political cooperation on the regional scale. Based on a discourse analysis of an extensive corpus of diverse voices from East and South Africa, it is shown that intervention politics increased regional awareness—but not in a linear manner. The idea of a progressive and autonomous East Africa was strongest in the first years of regional facilitation between 1996 and 1999, when the revival of the East African Community (EAC) was also simultaneously being negotiated. This regional impetus decreased with South Africa's more active participation in the intervention, which envisioned increasing its own country profile instead.     

房屋征收补偿协议的行政诉讼问题①--以《国有土地上房屋征收与补偿条例》第25条为视点

房屋征收补偿协议是一种行政合同,按其属性应纳入行政诉讼。但问题在于,现行行政诉讼制度不能容纳这一诉讼类型：原告资格、协议效力、诉讼竞合、证据规则、判决种类等方面都提出了新的要求。这些问题认识不清,已造成实务的混乱和理论的争议。那么,目前实务上需要哪些调整,未来行政诉讼法又需要哪些方面突破,这些都要在行政诉讼新类型制度上来解释,并且在契约行政与合作治理的理论背景下来考察。     

The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.     

Israel and the Palestinians in a Changing Neighbourhood

The political and strategic landscape of the Middle East and North African region has changed dramatically since late 2010 and the events now loosely defined as the ‘Arab Spring’. The dust has yet to settle in many Arab capitals and 2013 is set to be another defining year for the greater Middle East as regional actors, particularly new Islamist-led governments, take on more direct roles in influencing political, military and social developments in the Arab world. Israel and the Palestinian factions of Hamas and Fatah are not immune to these developments and while progress towards peace has been all but non-existent, change in the region must not necessarily lead to more tensions and conflict. The EU and US should work to establish greater Arab ownership of the diplomatic process, convince Israel that its security is best served by assuming a proactive approach to its changing neighbourhood and strive to harness the new realities in the region to modify the incentive calculus of the major domestic players in the conflict.     

Victimisation and Attitudes Towards Former Political Prisoners in Northern Ireland

The release of ex-combatants and the mechanisms for their re-integration within society has become an increasingly controversial issue in peace settlements. Yet to date, the view of victims concerning such arrangements in post-conflict societies remains unexplored. Mindful of this omission and using Northern Ireland as a case study, this article investigates the relationship between victimisation and attitudes towards the treatment of former political prisoners. Based on the 2011 Northern Ireland Social and Political Attitudes Survey, the results suggest that individual victims—those who directly and/or indirectly experienced violent incidents—are notably less supportive of a punitive approach towards the treatment of former political prisoners than non-victims. Moreover, this is particularly the case when victims from within the Catholic community are considered. The Northern Ireland evidence suggests that victims can act as a positive and inclusive force in terms of the rehabilitation and re-integration of former combatants in societies emerging from conflict.     

Daisaku Ikeda’s philosophy of peace,education proposals,and Soka education: convergences and divergences in peace education

In this article, the authors introduce and explicate Daisaku Ikeda’s contributions to peace education. Ikeda is a Buddhist leader, peacebuilder, school founder, and prolific author whose six decades of contributions to peace education have had a global impact in practice but have remained unexamined in the extant, particularly Anglophone, literature. Using excerpts and bilingual discourse analysis of the Ikeda corpus, the authors focus on five aspects to trace the past, present, and future of Ikeda’s contributions to peace education: first, they trace the biographical roots of Ikeda’s contributions to his early educational experiences and encounter with Josei Toda (1900–1958). Second, they outline the Nichiren Buddhist philosophy informing Ikeda’s approach to peace education. Third, they explicate in the context of peace and peace education Ikeda’s concept of value-creating, or Soka education (soka kyoiku) relative to value-creating pedagogy (soka kyoikugaku) theorized by Tsunesaburo Makiguchi (1871–1944). In light of this relation, they also trace the origin of the Soka Gakkai International, of which Ikeda is founding president. Fifth, they clarify Ikeda’s educational proposals made explicitly under the label of ‘peace education,’ namely, cultural exchange, a United Nations for Education, and education for disarmament and human rights (including anti-bullying, sustainability, and global citizenship). The authors conclude that Ikeda’s perspectives, proposals, and practices of Soka education and ‘peace education’ can be viewed as a tripartite ontological model of a process of becoming, moving from inner transformation by means of dialogue to global citizenship.     

(En)gendered Security? The Complexities of Women's Inclusion in Peace Processes

As peacebuilding discourses increasingly stress the importance of including women, to what degree have security-related practices taken heed? It has been over 10 years since the United Nations Security Council passed Resolution 1325 on Women, Peace, and Security, yet it remains a “confused and confusing” tool for scholars and practitioners in assessing women's inclusion in peacebuilding. This article adds to our understanding on women and peacebuilding by engaging 1325 as an operationalizable concept and then applying it to peace agreements to understand how women's security is addressed as part of formal peace processes. Given previous difficulties in operationalizing 1325’s mandate, this article engages it as a three-level concept useful for studying the ways in which women are “brought into” security, called (en)gendered security. Using this concept of (en)gendered security, I assess intrastate peace agreements between 1991 and 2010 to elucidate where and how women are included in peace processes. This article illustrates the potential of a systematized and practical approach to security embodied in 1325 and a preliminary discussion of what accounts for better approaches to (en)gendered security during peacebuilding.     

De-idealizing the democratic civil peace: on the political economy of democratic stabilization and pacification in Argentina and Ecuador

In the liberal concept of a ‘democratic civil peace’, an idealistic understanding of democratic stabilization and pacification prevails: democracy is seen to guarantee political stability and social peace by offering comprehensive representation and participation in political decisions while producing outcomes broadly in accordance with the common interest of society. This contrasts with the procedural quality and the material achievements of most, if not all, really existing democracies. South America is paradigmatic. Here, the legitimation of liberal democracy through both procedure and performance is weak and yet ‘third wave democracies’ have managed to survive even harsh economic and political crises. The article presents a conceptual framework to analyse historically specific patterns of democratic stabilization and pacification. Analyses of the processes of socio-political destabilization and re-stabilization in Argentina and Ecuador since the late 1990s show how a ‘de-idealized’ perspective on the democratic civil peace helps explain the viability of democratic regimes that systematically deviate from the ideal-type conditions for democratic survival that have been proposed in the literature.