Post Conflict Governance and Human Rights
Hosted by Dr Paul R Williams
Post Conflict Governance: Former Minister of Commerce and Industry in Liberia Axel Addy
Liberia's historical history - 2003 Peace Accords after decades of conflict. 2005 transition into a democratically elected government and elections taking place. Security sector reforms: disarmament rehabilitation, poverty reduction strategies, reconstructing the military and rebuilding the courts. The rule of law.
Economic stability - Roads, sea ports, airports and infrastructure were destroyed. Private and public stakeholders to tackle business climates and sector investments. Reform agenda to encourage a global trading system.
Strategies implemented - Peace negotiation process.
Domestic foreign investment trade - Partnership with other countries and making use of natural resources. The mining sector had political influence and commitment to transparency to encourage good governance. Opportunity investments. Iron and exportation 2 billion pounds. Contribute to the growth of government and domestic revenue. Monitor concessions and performance levels.
Outcome - Liberalised economy with an open economic state. Private sector participation is encouraged. Standard policy laws and regulations. Political will and leadership are necessary to move forward reforms and commit to moving the agenda forward.
Challenges - The second phase of administration was focused on critical infrastructure. Inadequate power supply and access for the local population. Did not comprehend the cost: costly public goods and extensive investments. Depth and impact were difficult for operators and unable to identify capacity levels. Corruption issues. Culture of tolerance and respect for the rule of law; how to tackle institutions to manage civil servants and population?
WTO Membership - High capacity and expertise with partnership to help attract the development agenda.
Truth and accountability - Established recognition of war crimes and corruption tribunals. Economic reconstruction. Documenting human rights, promoting accountability for prosecution and persecution, recommendations to adhere and providing opportunities to move forward in the court. Promote equality and tackle corruption. Transparency and good rule of law.
Lawyers in Peace Negotiations: Visvanathan Rudrakumaran
In the international state system, primary actors take on international institutions. State actors have asymmetrical contexts. The challenge for a lawyer is to ensure power symmetry is maintained throughout the peace. Understand the struggle and come up with creative tools.
Post Conflict International Administration: Kosovo Case Study
Ambassador Joachim Rucker
Background context - Resolution 1244. Peace restore peacekeeper. Administer the territory to support peacekeeping within communities and facilitate the process of determination. Challenging to administer without losing the support of different communities. Provisional institutions of self-government. Political and economic differences.
Challenges - No time horizon. How to conduct political and administrative processes. Cultural rebuilding. What is the most tangible measure in dealing with it?
Sovereignty - Stabilising Kosovo, rights and responsibilities. Recognition by the international community as being an independent state. Policy conducted of transferring responsibilities and provisional institutions for self governance.
Status process - Standards before status. SMART goals and indicators in different areas. Report on in formalised and regular process to meet the goal. Finding a status solution for facilitation.
Future - Mandated and still exists by the UN. General Assembly, have everyone on the table, just and diverse. Builds trust within the communities.
Defacto - Clear mandate. Interpretation is silent on how final political status is achieved. The International Court of Justice does not provide a unilateral declaration of independence, stay neutral.
Durable peace - Indictments. Albanian population saw there was international activity to bring perpetrators to justice. Strengthened international community. Chambers are not liked by the majority of the population but it has been adopted by the support of the European Union.
Peacebuilders - Interim administration of the territory. Establish foundations of functioning democracy sustainable economy and the rule of law. Innovative in regards to the menu of options. International organisations role in balance of power.
Negotiation preparation: Vartan Oskanian
The mindset is that the outcome must benefit both sides. Negotiating durable peace and terms.
Human Rights and Durable Peace: Ambassador Yvette Stevens, Jorge Lomonaco, Juan Esteban Aguirre, Keith Harper
Establishment of human rights protection mechanisms - Human rights violations can prelude of conflict. The international community applies pressure to stop violations and seek accountability. Pursued and questioned as a matter of principle. Role of human rights resolutions and councils to establish justice and peace.
Amnesty - The UN negotiating this and complaints ensure that rebels are held accountable. Peace agreements to be agreed upon. Colombia and Northern Ireland. UK minister negotiated for issues and questioned to stop hostilities to establish an agreement. Balance. Peace discussions and goals, counselled by durable peace of followed steps. Drives future conflict as shown in the Balkans. Showing peace to the mechanism of reconciliation, accountability and foundations as one.
Mechanisms - Neighbouring countries of Argentina and Chile, committed violations. Human rights as a mechanism to instal violations and perpetrators punishments. Transnational justice and approach to knowing where human rights activities and peacekeepers act together.
Restorative justice - Violence is ongoing. Elements of amnesty. The structure of the government embraces culture in the protection of human rights. Install preventive cultures and make law enforcement view human rights, stop and make accountable. Balance peace and justice. Lack of accountability undermines peace and policies. Increase of resources to monitor and mandate human rights (ARTICLE 24). Human Rights Commission (ARTICLE 26). Set up mechanisms to keep with provisions and put together regular bulletins of how human rights provisions have become. Monitor implementation of the accord, and grant amnesty and provisions to former rebel forces.
Transitional justice - Transition between conflict and situation which has sustained peace. Address different questions and be comfortable with the solution to move on. Spain, reconciliation in society. No repetition of conditions and threats to perpetrators. Argentina and Chile for military regimes. Mexico, political instance. Society as a large has tried to move on. Interventions, retribution through public apologies and restoring public dignity, granting citizenship to those who were forced to flee in the civil war. Gross human rights violations, symptoms, and violations to prevent peace agreements; states can address the need for accountability. Fact-finding mechanisms, and procedures depend on the situation. Review mechanisms and accountability, independent and impartial review of the situation. Comply with treaty bodies.
Compensation - The context of accountability, and identification of victims and communities. Solutions to making human rights practically, the process of the negotiating process. Durability of peace, amnesty that all parties agree to live up to human rights standards. Compliance is to get people to comply with norms. Laid the foundation for all things for circumstances and society to bring back together. Understand problems with providing such accountability and bringing peace in circumstances for sustainability. Making use of human rights provisions and policies.
Commissions of human rights inquiry - Credibility. Evidence-based and well-documented. Actual eyewitness testimonies. Diplomacy for representatives of member states to work with colleagues to develop and highlight future mechanisms. Everything is a process. Utilise the peace. Political will and states to push the agenda. Build political will across a variety of states. Strengthen the role of human rights. Consolidation of special procedures, peace approaches, and monitoring situations.
Until the next Legal Thought,
Elicia Maxwell