Negotiating Security, Power Sharing and Natural Resources

Hosted by Dr Paul R Williams for PILPG Summer School.

The Key West Negotiations: Vartan Oskanian

Historical context - Disputed territories within Armenina. They opted for self-determination; resulting in the Peace Ceasefire Agreement of 1984. Control over territories.

Self determination concept - Period of war and effort of negotiating. 1994 led to the configuration of negotiations. Refugees created from acquisition. Status quo from democracy and geography. 1992 Ministerial Council. 1998 change of administration in Armenia. 2018 military attack. Declaration of Independence.

Guarantors - Security and other dimensions. Mechanisms to trust. No one was assured of guarantees. Multi-layer, lack of trust against both sides. Lack of experience in diplomacy.

Building trust - Actions for measures. Legitimise status quo. NATO and Cooperation Council.

Public opinion - Democracy engaged. Asymmetry of political concerns. Invest in engagement. Conductive to the end outcomes.

Managing interests - Interim status confirmation. Security guarantees. Principles followed to reach an agreement.

Mediating Peace - Ambassador Carey Cavanaugh

Conflict mediation - Absence of trust. Trust in the building of diplomacy. Act towards a common goal. Utilise the venue for comfort.

Logistics - Keep moving forward with the discussions. Value the aim of investment. Principles of self-determination and sovereignty, enshrined in the UN Charter.

Amnesty - Ethical considerations. International norms crafted by stability. Question of fact. Different circumstances for stabilisation of conflict.

Power sharing - Dr Paul R Williams and Emma Bakkum

Dimension - Power sharing with those illegitimised. The parliamentary system is more democratic.

Macedonia - Vertical power sharing. Not sharing in regions or provinces. Human rights so local communities felt safer. Delegated substantial powers through fourteen constitutional amendments.

Bosnia - Ethnic veto, special interests are not so limited.

Strategies - Annex. Devolution of powers and limited national powers. Geographical constituencies. Pay attention to the judiciary as they will resolve those conflicts. Ensure effective functioning, national level issues ruled by one.

Inclusive processes - Interest of mediators and world players. The international community has tried to move towards that. Fully integrate. Generate and share knowledge of issues. How do you organise constituencies?

Mechanisms - The judiciary is the highest reflection of sovereignty. Accountability impacts where you place the commission and centralisation of powers. Transitional justice engagement. Power sharing of the international courts from domestic tribunals. Hybrid (Sierra Leone and Cambodia) and International tribunals (Rwanda and Yugoslavia).

Security Arrangements: Ryan Westlake and Dr Greg Noone

DDR and SSR -

• DDR: Disarmament, Demobilisation and Reintegration = DDR is the removal of weapons from combatants. Reintegration of former combatants into civilians and economic life. Rebel groups lay down their arms. Type of weapons to be relinquished. Robust program, reintegrate skills and education.
• SSR: Security Sector Reform = SSR is the reformation and integration of security after the conflict ends. Establishing civilian oversight and accountability mechanisms. Enhance public trust in security institutions. Promote human rights and the rule of law. Create an inclusive and representative force.

Demands and concerns - Who is the combatant in that situation? Incentives for participation in the process. High level of distrust amongst the parties. DSSR issue if the ex combatants are vulnerable after demobilising their armed groups.

Reintegration - International actors support. Great measures to rebuild trust. Resolve environments where people choose to use violence. Financial support. Long-term consistent support. Trained and disciplined entity. Reparations and rebuilding affected infrastructure. Provide specialised intervention for trauma, and psychological recovery.

Building trust!

Natural Resources: Dr Paul R Williams

Drivers - Financial resources that influence leading to bad governance and ripe for corruption. Leads to the disenfranchisement of the people. Environmental harm is localised. Provides peace dividends.

Management - Who owns those resources? Allocation formula. Good concessions to extract resources.

Legal frameworks - Peace agreements to ensure the country is obligated by international standards and regimes. Renegotiate contracts with companies that have been induced through bribery. International standards.

Exploited or misused - Undermine long-term peace and stability. Mechanisms for internal self determination.

Until the next Legal Thought,

Elicia Maxwell