Die Europäische Union steht vor einem grundsätzlichen Dilemma. Einerseits wächst der Druck, die EU-Strukturen zu reformieren. Das jüngste Ringen um Griechenland hat die Debatte über eine Vertiefung der Eurozone wieder eröffnet, während Großbritannien gleichzeitig zumindest für sich selbst auf weniger Integration drängt. Andererseits lehnen die nationalen Hauptstädte Reforminitiativen, die eine Vertragsänderung notwendig machen (zum Beispiel Kompetenzverlagerungen), von vornherein als »unmöglich« ab. Rechtlich gibt es zwar Möglichkeiten, diesem Dilemma auszuweichen und die EU über Umwege weiterzuentwickeln. Aber auch diese erfordern die einstimmige politische Einigung der nationalen Regierungen – und mittelfristig die Perspektive einer Vertragsänderung, um Transparenz und demokratische Legitimation wiederherzustellen.
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Transnational organized crime (TOC) has developed into a powerful force impacting lives both locally and globally, having benefitted from the increasing integration of the global economy and regional proliferation of state fragility. Particularly in the post-conflict context where multilateral organizations are mandated to support the government in re-building state capacities, there is a lack of understanding how to tackle organized criminal networks–“the elephant in the room”–often deeply entangled with government institutions. While UN peace operations have become increasingly complex since their origins as traditional peacekeeping deployments in a post-World War environment, their capacities remain very limited in properly assessing and responding to threats posed by TOC.
On November 2-6, the International Peace Institute conducted its second training course on addressing and analyzing organized crime in fragile states. The specialization course, held at the Peace Castle in Stadtschlaining, was organized in co-operation with the Austrian Study Centre for Peace and Conflict Resolution (ASPR) within the framework of Europe’s New Training Initiative for Civilian Crisis Management (ENTRi). Based on the pilot course conducted by IPI in 2013, the training served as the basis for an EU-certified curriculum that is targeted at staff of multilateral organizations deployed in fragile states where organized crime poses a serious threat to peace and stability.
Conceptually, the training program aimed at providing a holistic perspective to the problem at hand – combining a variety of approaches ranging from law-enforcement to development, which the participants could subsequently apply in a realistic simulation exercise. Equipped with background information about the case study and the opportunity to carry out investigative interviews (with counterparts in the roles of the UNDP resident representative, a local customs official, a rebel leader, a traditional elder and a fisherman), participants were tasked to develop an Organized Crime Threat Assessment (OCTA) and provide recommendations for the required capabilities of a planned UN peace operation.
IPI’s extensive research on the issue was used as a basis for this training course, including From the Margins to the Mainstream: Toward an Integrated Multilateral Response to Organized Crime as part of its Peace without Crime project and developed a methodological guidebook on “Spotting the Spoilers: A Guide to Analyzing Organized Crime. The course attracted twenty participants from twelve different countries, including law enforcement and criminal intelligence specialists, as well as TOC and operations planning experts. Course participants had a chance to interact with IPI staff and international crime-fighting experts, learn about the nature, threat and impact of TOC from practitioners and their experiences in the field (such as the case of Mali) and assess existing and potential operational responses and practical tools to address organized crime.
The course also highlighted practical and political dilemmas faced by practitioners dealing with this challenge in the field. For example, when and how should one tackle the problem? Should one mediate with spoilers involved in illicit activities? And what approaches can be taken when threat assessments reveal that senior officials are complicit in criminal activities?
“Since organized crime is a threat in almost every theater where there are peace operations, we hope that this course will inspire national peace training centers as well as regional and international organizations to factor organized crime into their training programs,” said Walter Kemp, IPI’S Vice President.
La géopolitique est l’interaction du pouvoir et de la terre. La noopolitique est l’interaction du pouvoir et du savoir. Cette interaction est réflexive et disruptive : elle change profondément la géopolitique et l’art de gouverner, car elle s’intéresse à l’art de faire régner le savoir sur le pouvoir, et surtout pas à celui de faire régner le pouvoir sur le savoir, qui est la situation actuelle, et pour laquelle les esprits les plus brillants ont concédé leurs sciences aux États et aux guerres alors qu’ils auraient dû les concéder à l’humanité et à la paix.
Cet article Idriss J. Aberkane : La noopolitique : le pouvoir de la connaissance est apparu en premier sur Fondapol.
Lorsque l'on considère la société internationale ou ce qui en tient lieu, la première impression est celle de désordre, pour ne pas dire de capharnaüm. Les émotions cultivées par les médias, les interrogations des experts, les doutes des politiques donnent le sentiment d'un imbroglio planétaire que personne ne domine et où chacun se contente de réagir comme il peut à des flux qu'il ne maîtrise pas, aux riches qui se cachent, aux pauvres que l'on cache, aux foules qui s'agitent, aux minorités qui agissent.
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Michele J. Sison, Deputy Permanent Representative of the United States to the United Nations, told an IPI audience that as societies attempt to come to terms with a legacy of past abuses, their transitional justice processes must focus on the victims, not just the perpetrators.
Transitional justice should focus on a “victim-centered approach that responds to the needs and perceptions of families, and the needs and perceptions of communities, as opposed to solely punishing perpetrators,” she said.
Ms. Sison highlighted the importance of including civil society from the beginning of the process. “These transitional justice processes must put victims and vulnerable groups at the very center of our strategies,” she said.
She emphasized it was especially important to consult marginalized groups, such as ethnic minorities and youth. “These groups must play an active role in the design and in the implementation of a transitional justice mechanism,” she said.
Ambassador Sison’s remarks opened a panel discussion on “Civil Society and Transitional Justice Processes: How International Actors Can Promote a More Inclusive Approach,” held at IPI October 29th, 2015. High-level panelists discussed how international actors could contribute to processes that ensure justice, accountability and reconciliation.
The event also marked the launch of a new US State Department report, Funding Transitional Justice: A Guide for Supporting Civil Society Engagement. The report is designed to offer guidance on how donors may better integrate civil society into their transitional justice funding strategies.
María Emma Mejía Vélez, Permanent Representative of Colombia to the UN, brought a first-hand perspective on transitional justice to the panel.
Colombia has been embroiled in civil war for six decades. The government and the guerrilla group Fuerzas Revolucionarias de Colombia (FARC) began a peace process in October 2012, and the negotiations yielded an agreement this September.
The resulting innovative transitional justice framework, Sistema Integral de Verdad, Justicia, Reparación y No Repetición (Cohesive System of Truth, Justice, Reparation and No Repetition), was unveiled in Havana, along with a timeline to finalize negotiations by March 23rd, 2016.
In a show of good faith, FARC promised to disarm and demobilize within 60 days of signing the agreement.
Ms. Mejía said Colombia’s transitional justice framework “aims to get the maximum possible satisfaction for the victim’s rights.”
She said the framework would achieve this through four key pillars: a truth commission, a special jurisdiction for peace, a special unit for persons who have “disappeared,” and administrative measures for reparation.
The Ambassador added that Colombia aimed to fulfill all of its international commitments in the peace process, the first to be held since the Rome Statute, which established the International Criminal Court (ICC), entered into force in 2002.
On the negotiations, she said it would be “easy to say, ‘It’s over with,’ peace, and take the photos,” after they conclude.
Instead, she implored the audience to remember that achieving an agreement is only a first step. “The work will begin March 23rd,” she said. “It’s not the end, it’s just the beginning of a society that has not been reconciled to find out how we will be able to live together, those who have been confronted for so many long decades.”
Geir O. Pedersen, Permanent Representative of Norway to the UN, addressed the importance of civil society for justice, accountability, and reconciliation. “It is doubtful that any transitional justice institution has ever been successful without engaging civil society,” he said.
Mr. Pedersen emphasized three elements of transitional justice—jobs, security and justice—that can make possible democratization, sustainable development and peacebuilding. “It is a no-brainer,” he said. “We need both the state and civil society if we are to be successful in working on these issues.”
Habib Nassar, Executive Director of the Global Network for Public Interest Law (PILnet), spoke to his experience in civil society advocacy in the Middle East and North African (MENA) region.
Mr. Nassar lamented “the growing role of the international and a standardization of the field” of transitional justice. This has “led to a situation in which the local actors are no longer in control of the design of their own processes,” he said.
He outlined the consequences for justice processes when international actors disproportionately influence them. “Transitional justice is becoming the province of technocrats, bureaucrats, and then, the technical is privileged over the political, the general over particular, international over local.”
Homogeneous approaches to transitional justice “cannot accommodate local complexities,” Mr. Nassar said. “The standardized policies and mechanisms generate a rigidity that really paralyzes local creativity. We come and present really fancy nice models, and people are automatically paralyzed because they think that this is the only way to do it.” This is particularly troublesome in the MENA region, where such innovation is desperately needed, he said.
Pablo de Greiff, UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, placed the development of transitional justice in its historical context.
Early transitional justice processes began in the 1980s in highly institutionalized countries like Argentina, Chile, Czechoslovakia, and South Africa. “When you leave that set of countries behind and start thinking about the fate of transitional justice in countries like Sierra Leone, Liberia, Burundi, the Democratic Republic of the Congo, the Central African Republic, and some of places which now are potential subjects of transitional justice, to some extent it should not be surprising that results are more ambiguous, and challenges significantly higher,” he said.
Contemporary transitional justice processes are unfolding in countries where there has been war, not just authoritarian governance. Today’s victims do not experience “violations that come about from the abusive exercise of state power—they are the violations that come about through something that looks more like social chaos,” he said. “Because violations are different, the means by which they ought to be redressed, one would think, also ought to be different.”
Local conditions matter, Mr. de Greiff stressed. “We need to think much more about how to make transitional justice measures more context-sensitive, while at the same time satisfying and respecting the universalistic commitment from which they come about,” he said.
The Special Rapporteur closed the panel by sharing a disheartening realization he reached while preparing recent reports for the UN General Assembly and Human Rights Council. “Strictly speaking, the violations that we are talking about cannot be repaired,” he said. “We do lots of things to mitigate their consequences, but nobody brings back the dead, nobody is un-raped, nobody is free after spending 7 years in prison, those years are gone. So instead of focusing so much attention on correction and redress, we ought to be spending much more time on prevention.”
The panel was co-hosted by the Bureau of Democracy, Human Rights and Labor (DRL) at the US Department of State, and Public Action Research.
Warren Hoge, IPI Senior Adviser for External Relations, moderated the conversation.
Related Coverage:
Funding Transitional Justice (Public Action Research, 2015)
Remarks on the Launch of “Funding Transitional Justice: A Guide for Supporting Civil Society Engagement” (US Mission, October 29, 2015)
Watch event: