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12. Promoting Stability and Resolving Provincial Disputes in Afghanistan
- Author:
- Noah Coburn and Shahmahmood Miakhel
- Publication Date:
- 06-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Currently numerous disputes at the local level are unresolved in Afghanistan, leading to local instability, a growing distance between the government and people and encouraging communities to turn to the Taliban. In March 2010, USIP began working with local elders, government officials (particularly governors and officials from the Ministry of Tribal Affairs) and religious figures to address a range of disputes in Nangarhar and Kunar provinces in eastern Afghanistan. These networks of elders, working closely with government officials and, in some cases, the international military, have addressed conflicts that include land disputes, criminal cases, and disputes involving the Taliban. Since 2010, USIP's Dispute Resolution Project has participated in and recorded the resolution of over 120 cases. The project suggests several methods for facilitating dispute resolution that rely on flexible networks of locally legitimate political figures which will strengthen the government, promote rule of law and decrease the appeal of the Taliban.
- Topic:
- Conflict Resolution, Peace Studies, War, and Insurgency
- Political Geography:
- Afghanistan and Taliban
13. Impact or Illusion? Reintegration under the Afghanistan Peace and Reintegration Program
- Author:
- Deedee Derksen
- Publication Date:
- 09-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The Afghan Peace and Reintegration Program (APRP) aims to reintegrate insurgents in return for security, jobs and other incentives, but has seen limited results. Rapid implementation of the program has failed to address adequately a variety of political, employment and security concerns.
- Topic:
- Security, Islam, War, and Insurgency
- Political Geography:
- Afghanistan
14. Constitutional Interpretation and the Continuing Crisis in Afghanistan
- Author:
- Scott Worden and Sylvana Q. Sinha
- Publication Date:
- 11-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
- Topic:
- Conflict Resolution, Democratization, Islam, War, and Insurgency
- Political Geography:
- Afghanistan
15. Return to War in Sudan's Nuba Mountains
- Author:
- Julie Flint
- Publication Date:
- 11-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The response to the renewed war in Sudan's Nuba Mountains has been driven largely by a human rights and humanitarian crisis. The crisis will continue indefinitely without a political agreement that acknowledges the Nuba rebellion is self-sustaining and reflects a wider malaise within the new Republic of Sudan. With Sudan facing financial collapse, economic normalization must be part of negotiations with Khartoum to end the war in the Nuba Mountains and promote democratization throughout Sudan.
- Topic:
- Conflict Resolution, Democratization, Development, Human Rights, War, Insurgency, and Financial Crisis
- Political Geography:
- Africa and Sudan
16. Traditional Dispute Resolution and Stability in Afghanistan
- Author:
- John Dempsey and Noah Coburn
- Publication Date:
- 02-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Stability in Afghanistan will remain elusive unless disputes between individuals and among communities can be resolved through peaceful and equitable means. However, state justice institutions are barely functioning in much of the country and are incapable of meeting many justice and dispute resolution needs of Afghans. Instead, the majority of Afghans turn to traditional justice mechanisms—including tribal councils and village and religious leaders—to address both civil and criminal disputes. In many parts of the country, including areas recently cleared of insurgents, the best way to make signi_cant, visible, short-term (12 to 18 months) gains in peacefully resolving disputes is to work with community-based structures. USIP has drawn important lessons from its work with Afghan partners to implement pilot programs exploring links between the state and traditional justice systems in four provinces across the country (in Nangarhar, Khost, Paktia and Herat). Programs designed to create or strengthen existing links between traditional justice bodies and state institutions can build mutual trust and harness the strengths of each. Donor-funded traditional justice programs need to involve the Afghan government while also accounting for the practical needs of communities to settle disputes in line with their own traditions and procedures, as well as Afghanistan's laws and human rights norms.
- Topic:
- Conflict Resolution, Terrorism, and War
- Political Geography:
- Afghanistan and Asia
17. Congress and Parliaments in Security Sector Reform
- Author:
- Robert M. Perito
- Publication Date:
- 02-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Legislative oversight of the security sector is crucial to ensure that security policies and expenditures are undertaken with full transparency, accountability and concern for other national priorities and popular attitudes. This is important in conflict states, particularly during peace or stability operations. Establishing legislative oversight is difficult in conflict countries because of the absence of historical tradition, the complexity of security agencies, the technical nature of the issues, secrecy laws and the lack of expertise among parliamentarians and their staffs. The U.S. Congress provides a model for effective legislative oversight of the security sector for other countries to emulate. Congress has developed the legal authorities and the traditions required to form an effective partnership with the Defense and Justice departments, the U.S. military forces and civilian security services. Due to the importance of legislative oversight of the security sector to the democratic process, the U.S. Congress provides advice and training to foreign parliaments and parliamentarians in security sector reform. Congress has important partnership arrangements with parliaments in Afghanistan, Pakistan, Georgia, Kosovo and other conflict countries.
- Topic:
- Security, Political Violence, International Cooperation, Regional Cooperation, and War
- Political Geography:
- Pakistan, Afghanistan, Kosovo, and Georgia
18. The Civil Society-Military Relationship in Afghanistan
- Author:
- Lisa Schirch
- Publication Date:
- 09-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The intense challenge of coordinating government civilians with military actors in the International Security Assistance Forces' Provincial Reconstruction Teams in Afghanistan has inhibited development of military relationships with civil society. The counterinsurgency strategy of “shape, clear, hold, build” invites civil society organizations (CSOs) to play key roles in the final “build” stage at the operational level. Yet many CSOs resist “coordination” in a mission and strategy different from their own. CSOs seek greater policy dialogue and “communication” with high-level ISAF decision makers, particularly during planning stages. An ongoing, high-level forum for civil society-military policy dialogue could help address tensions, provide a mechanism for CSOs to share their conflict assessments, and explore areas for possible collaboration such as in security sector reform.
- Topic:
- Conflict Resolution, Civil Society, and War
- Political Geography:
- Afghanistan and Indonesia
19. Afghanistan: Conditions-Based Redeployment
- Author:
- William B. Taylor
- Publication Date:
- 09-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- President Barack Obama's policy of a conditions-based redeployment in Afghanistan starting in July 2011 leaves him a lot of flexibility. The administration will likely decide to maintain the troop numbers in Afghanistan near the surge level next year, pending another review.
- Topic:
- Conflict Resolution, Terrorism, and War
- Political Geography:
- Afghanistan and United States
20. Many Shuras Do Not a Government Make: International Community Engagement with Local Councils in Afghanistan
- Author:
- Noah Coburn and Shahmahmood Miakhel
- Publication Date:
- 09-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The need to engage local Afghan leaders and support community decision making has recently been promoted as a key element of both development and counterinsurgency strategies in Afghanistan. The resulting proliferation of community councils—commonly called shuras or jirgas— sponsored by different actors within the Afghan government and international community has decreased the effectiveness of local governance and rule of law in many places. Traditional Afghan dispute resolution and governance bodies are most effective when they are formed by local residents and genuinely reflect the interests of the community. Their legitimacy decreases if international or government sponsors create shuras or jirgas to promote their own interests. This paradox creates a dilemma for programs designed to foster good governance: how to promote community self-rule that reflects traditional values and mechanisms and that develop locally, while adhering to rigid counterinsurgency and development timelines and strategies. These so-called 'traditional' political structures have an important place in local governance in Afghanistan, but the international community should not assume that such bodies fairly represent their respective communities. Rather, sound understanding of local dynamics and in-depth consultation with local government actors and community leaders are necessary to help ensure that such bodies are represented and thus, legitimate within the community. A more coherent, sustainable vision of long-term local governance and coordinated strategies between the Afghan government and international forces is necessary to bring both stability and development to Afghanistan. In particular, this Peace Brief supports the attempts to create a coherent long-term goal of local governance based on legitimate local actors, most likely selected through elections.
- Topic:
- Conflict Resolution, Development, War, and Counterinsurgency
- Political Geography:
- Afghanistan