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1. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia

2. The EU's Experience with Security Sector Governance

Author:
Louis-Alexandre Berg
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Civilian oversight ministries are essential to broader efforts to strengthen the performance and responsiveness of security and law enforcement forces. Ministries facilitate coordination among agencies, hold personnel accountable to law and policy, perform administrative functions, shield forces from political interference, and enable civilian oversight through the legislature, civil society, and other mechanisms. Failure to support these roles can undermine efforts to strengthen law enforcement and improve citizen safety in countries affected by conflict or instability. The European Union has extensive experience supporting oversight ministries, having prepared twenty-one ministries of interior to join the EU. The European Commission has assisted ministries in developing countries around the world, while the European Council has deployed civilian missions to crisis environments to establish security and the rule of law. Efforts to develop the laws, procedures, and organizational structures needed for effective oversight ministries face numerous challenges, from limited human capacity to political and organizational resistance, especially in countries transitioning from conflict or authoritarian rule.EU enlargement provided a unique incentive for countries to overcome obstacles to transforming their ministries and improving security sector governance. EU institutions helped translate this incentive into organizational changes by helping candidate countries define a clear structure and vision, deploying experienced experts from EU member states, and managing resistance through coordinated political engagement in support of clearly defined benchmarks. In crisis and stabilization countries, the EU has faced greater challenges. Without a strong external incentive, weak capacity and severe political tensions have undermined assistance efforts. The EU has been enhancing its capabilities for deploying skilled personnel to these environments and for leveraging member states' relationships with countries affected by conflict, to help them overcome political obstacles. Yet the EU has often struggled to achieve the coherence among member states and institutions necessary to support locally driven reforms. The United States can learn from the EU's successes and challenges by paying attention to the role of oversight ministries in the development of security and law enforcement forces overseas. To build its capacity to strengthen oversight ministries and other components of security sector governance, the United States should recruit personnel with broader sets of skills, improve coherence among agencies providing assistance, and deepen cooperation with the EU and other donor countries. Through collaboration in headquarters and in the field, the EU and the United States could complement each other's strengths and pursue common approaches to fostering institutional change in the security sector.
Topic:
Security, Regional Cooperation, and Law
Political Geography:
United States and Europe