Anda di halaman 1dari 519

TABLE OF CONTENTS

1. Foreword .......................................................................................................... 3

2. About the organisations ........................................................................................ 7 3. Acknowledgement ................................................................................................. 11 4. Introduction to the Resource Pack for Civil Society .............................................. 13 5. About the Modules ................................................................................................ 17 6. Overview of the Modules ...................................................................................... 21 7. Conceptual Section .............................................................................................. 27 8. Training and Facilitation Skills............................................................................... 51 9. Suggested Training Agendas ................................................................................ 61 10. Module 1: 11. Module 2: 12. Module 3: 13. Module 4: 14. Module 5: 15. Module 6: 16. Module 7: 17. Module 8: 18. Module 9: Elections and Elections Observation ................................................ 65 Democratic Governance ................................................................... 107 Community Participation .................................................................. 137 Security Sector Reform (SSR).......................................................... 155 Children and Armed Conflict in West Africa ...................................... 179 Youth and Development in West Africa ........................................... 205 Women, Peace and Human Security in West Africa ....................... 255 Early Warning and Early Response in West Africa .......................... 287 Small Arms and Light Weapons (SALW) ......................................... 325

19. Module 10: Post Conflict Reconstruction ............................................................ 367 20. Module 11: Media and Armed Conflict ................................................................ 421 21. Module 12: Alternative Dispute Resolution (ADR) .............................................. 451 22. Module 13: Human Rights ................................................................................... 475 23. Impact Assessment Tool ....................................................................................... 493 24. Glossary .......................................................................................................... 499 25. List of Acronyms ................................................................................................... 505 26. References .......................................................................................................... 507 27. Endnotes .......................................................................................................... 515

MODULE 1

FOREWORD

FOREWORD

FOREWORD 3

FOREWORD
The West African sub-region has endured over two decades of civil wars and other violent intrastate conflicts that have resulted in the deaths, injuries and displacements of thousands of West Africans and contributed to the stagnation of the sub-regions development. Though the sub-region is recovering from these unfortunate experiences, the root causes of conflicts such as colonial legacies, poverty, and marginalisation of groups, ethnic tensions, corruption and poor governance persist in all countries and in varying degrees. In its efforts to ensure long term peace, stability and development in West Africa, the Economic Community of West African States (ECOWAS) adopted the ECOWAS Conflict Prevention Framework (ECPF) to tackle both the structural and proximate causes of conflicts in the sub-region. In providing a comprehensive operational strategy for conflict prevention and peace-building, the ECPF recognised civil society as a sector which can make a substantial contribution towards transforming conflicts in West Africa. It was this recognition that guided the conceptualisation and delivery of the collaborative project between the West Africa Civil Society Institute (WACSI), the Kofi Annan International Peacekeeping Training Centre (KAIPTC) and the German Technical Cooperation (GTZ). The overall aim of the twelve-month project, which spanned January to December 2008, was to develop a comprehensive sub-region-specific reference and training manual to support the goals of the ECPF and enhance the efforts of non-state actors working prevent conflicts in the sub- region. Eleven organisations (11), recognised for their work on various conflictrelated issues in West Africa, participated in the process of developing the modules. The modules, therefore, reflect the realities within the West African milieu. We envisage that the application of the Resource Pack will contribute significantly towards strengthening individual and institutional capacities in the region, while at the same time demonstrating the linkages between the multiple institutions and initiatives related to prevention, security, governance, and development.

FOREWORD 4

FOREWORD

We also anticipate that the Resource Pack will:

Increase coherence and better understanding of conflict prevention challenges in West Africa and suggest ways to mitigate them; Improve cross-fertilisation of experiences, knowledge, and skills among non-state actors in the sub- region ; Enhance the delivery of conflict prevention training in the core curricula of training institutions in the sub-region; Promote a stronger regional focus on the specifics of conflict prevention; Increase international support to conflict prevention; and Broaden partnerships and linkages among relevant conflict prevention institutions in West Africa. WACSI, KAIPTC and GTZ are pleased with the final product of this collaboration and it is our hope that this Resource Pack will be utilised and owned by [sub] regional actors and thus make an important contribution to the repertoire of tools and strategies available for enhancing conflict prevention in West Africa.

Signed June 2009

WACSI Thelma Ekiyor Executive Director

CPMRD of KAIPTC Dr. Kwesi Aning Head of Department

GTZ David Nii Addy Technical Advisor

FOREWORD FOREWORD

ABOUT THE ORGANISATIONS

ABOUT THE ORGANISATIONS 7

ABOUT THE IMPLEMENTING ORGANISATIONS


WACSI
WACSI was established by the Open Society Initiative for West Africa (OSIWA) to enhance the capacity of civil society in the region. The Institute was set up in an attempt to bridge the institutional and operational gaps identified in civil society. WACSIs role is to serve as a resource centre engaged in training and capacity building, research and documentation, and policy dialogue for Civil Society Organisations (CSOs) in West Africa. The advocacy work of the Institute is conducted through its policy dialogue process, which brings together different stakeholders to deliberate on topical issues that affect West African States. Position papers are published by the Institute and disseminated to policy makers. www.wacsi.org

KAIPTC
The Kofi Annan International Peacekeeping Training Centre (KAIPTC) was opened in January 2004 as an international centre of excellence to address, develop and deliver internationally recognised professional training courses and related programmes in order to equip personnel with selected skills and competencies required to meet Africas present and future complex peace and security challenges. Since its establishment, it has become a preferred destination for education, training and research on conflict prevention, management and resolution, and innovative thinking in Peace Support Operations (PSO). The Centre runs a variety of training courses or activities and has trained more than 5000 individuals from over ninety countries. Participants in these courses are offered the opportunity to examine specific pece operations issues at the operational level and to update and share their knowledge of the latest practices through conferences, discussions, lectures and computer- assisted training exercises. www.kaiptc.org

GTZ
GTZ is a German government-owned corporation that was established to promote international cooperation, which contributes to sustainable development throughout the world. It implements commissions for the Government of the Federal Republic of Germany and other national and

5 ABOUT THE ORGANISATIONS

international, public and private-sector clients. Through the provision of services that support complex development and reform processes worldwide, GTZ improves living conditions of beneficiaries and furthers political, economic, ecological and social development globally. GTZ works on a broad range of themes including rural development, economic development and employment, environmental and infrastructural development, social development, and a wide range of cross-sectorial themes such as gender, crisis prevention, youth, HIV/AIDS control, emergency aid, poverty, food security, peace and security. www.gtz.de

OSIWA
The Open Society Initiative for West Africa (OSIWA) was created in December 2000 as part of the world network of 32 autonomous foundations founded and supported by George Soros. These non-profit-making foundations share in the commitment to work for an open society. Based on the principle that no one has monopoly of the truth, an open society recognises the different points of view and always remains open to improvements. In practice, open societies are characterised by the priority of law, democracy, respect for diversity and human rights, liberalisation of markets, information to the people and the dynamism of civil society. www.osiwa.org

6 9

ABOUT THE ORGANISATIONS

10

ABOUT THE ORGANISATIONS

ACKNOWLEDGEMENT

11

ACKNOWLEDGEMENT 11

ACKNOWLEDGEMENT
The successful completion of this Resource Pack was due to the commitment, support and dedication of a number of Individuals and Institutions. It is important to recognise the sung and unsung heroes of this process. First of all, Sam Gbaydee Doe who thought through the conceptualisation process with WACSI. Your insights were invaluable. It is also important to state that WACSOF was also at the birth of the process and gave ideas on how to involve various civil society actors. Our gratitude goes to the entire organisation but in particular Professor Oumar Ondongo and Kenneth Abotsi. Along the way, a number of organisations and individuals joined the process and made it richer. They deserve our gratitude for collaborating to develop modules and making the time to participate in the different phases of the Resource Pack design process. These persons and Institutions are the Centre for Democracy and Development (West Africa), and in particular Dr. Jibrin Ibrahim, Stella Amadi and Voke Ighorodje; the Institute for Democratic Governance (IDEG) Ruby Quantson and Dr. Lee Tlou; Abusua Foundation, Simon Eyram Tsike Sossah; Defence for Children International and Ini Onuk; Women Peace and Security Network and Leymah Gbowee and Ecoma Alaga; Institute for Peace and Conflict Resolution (The Presidency), Nigeria and Dr. J. Golwa and Dr O. Oshita; KAIPTC and Dr. Thomas Jaye and Dr. Kwesi Aning; the Justice and Human Rights Institute, Ghana and Professor Ken Attafuah; who also edited the first versions of the modules. I would also like to thank all the civil society colleagues across West Africa who participated in the Training of Trainers workshop. Appreciation also goes to the various representatives of ECOWAS and the Africa Union who participated in the training workshop; in particular Dr. Kwaku Asante, the AU Conflict Prevention Advisor. It is important to note that this project would not have been possible without the financial and intellectual support of GTZ and specifically Mr. David Nii Addy who provided practical collaboration throughout the process. Acknowledgement and thanks also go to OSIWA for the central role it played in establishing WACSI, thus enabling it to implement its mandate in West Africa Finally, I would like to express my sincere thanks to my organisation; WACSI, which conceptualised the project and supervised its implementation. The entire team at WACSI worked tirelessly on this project. I would like to direct my profound thanks to Mr. Gima H. Forje, Mrs. Lady Amedormey, Mr. Charles Vandyck, Ms. Omolara T. Balogun and Ms. Adama Sira Bah. Your hard work did not go unnoticed. Thelma Ekiyor Executive Director WACSI

12

ACKNOWLEDGEMENT 11

Introduction
COMPREHENSIVE RESOURCE PACK FOR CIVIL SOCIETY

13

INTRODUCTION TO RESOURSE PACK 13

INTRODUCTION
1:1 Rationale for the Resource Pack
State and Civil Society Organisations (CSOs) are increasingly undertaking conflict prevention initiatives since overall capacities in West Africa are still limited and fragmented. Though interactions between CSOs and ECOWAS have reached appreciable levels the impact of this interaction on policy formulation and implementation for regional security, governance, and development is unclear. The situation is less impressive at the state level. Only few governments have demonstrated the political will and initiated programs for conflict prevention and peacebuilding. Furthermore, the formulation, declaration, implementation, and monitoring of policies are still conflict insensitive in most countries in the region and most governments still do not recognise the role civil society can play especially in the area of security and governance. On 5-6 June, 2007, a group of West African experts with support from the Democratic Control of Armed Forces (DCAF) in Geneva, GTZ, and KAIPTC deliberated on the challenges of developing a policy agenda for security sector reform and governance in West Africa in Accra, Ghana. The consultation stressed among other things the need to contextualise security sector reform as part of conflict prevention strategy and to revise current approaches for capacity building especially for civilian actors to enhance their engagement with the security sector. The experts emphasised reform of the security sector as key to post-conflict peacebuilding and conflict prevention. They also noted that West Africa lacks its own indigenous conceptual framework for security sector reform or transformation. In addition, the various capacity building initiatives for especially civilian actors, including civil society, to adequately engage the sector are fragmented and insufficient. Key challenges identified which necessitated this proposal include: (a) shortage of skilled human resources for conflict prevention; (b) limited cross-fertilisation of expertise and learning in conflict prevention; (c) highly fragmented and ad hoc training initiatives; and (d) the lack of clear regional conceptual framework and approach to conflict prevention. These observations reinforce the need to focus on enhancing knowledge and understanding for governments and civil society. In order to respond to these identified needs and address capacity gaps in conflict prevention, the collaborative partnership between WACSI, KAIPTC and GTZ which responds to the lack of systematic and comprehensive framework, tools, knowledge and skills to enhance effective conflict prevention in the region proposed the development of a Comprehensive Resource Pack for Conflict Prevention in West Africa. The 12-month project: January to December 2008 was aimed to bring together peacebuilding practitioners and academics, experts in security sector reform, human rights, elections monitoring, and gender among others to provide critical expertise in designing the resource pack.

14

INTRODUCTION TO RESOURSE PACK 9

The structure of this resource pack was developed following a needs assessment report during the first consultative meeting to discuss the implementation of a project to Develop Conflict Prevention Modules for Civilian Actors in West Africa held in Accra (21-22 January, 2008), which was attended by the various civil society actors working along conflict prevention lines. A review meeting was organised (11-12 April, 2008), with key actors and stakeholders from across West Africa to review existing training initiatives and methodologies on conflict prevention in the sub-region. Finally, WACSI, KAIPTC and GTZ organised a three-day workshop to harmonise the various conflict prevention modules developed by resource institutions. The meeting which was held at the KAIPTC, Accra (2-4 June, 2008) provided a unique opportunity for resource organisations to constructively critique the modules developed and provide recommendations. The goal of the workshop was to harmonise conflict prevention modules developed by resource organisations. At the end of the meeting, the conceptual component, appropriate placing of the sessions, technical specifications and the establishment of a uniform structure of modules were agreed. Also, the completion timelines and modalities for choosing institutions that would participate in subsequent training initiatives using the resource pack. A pre testing of the Resource Pack was conducted in October 2008, with participating stakeholders validating the end product.

1:2 Purpose
The Conflict Prevention Resource Pack is designed to strengthen the limited and fragmented capacities of both state and civil society. There is no clear regional conceptual framework and approach to conflict prevention for civilian actors and therefore the need for this resource pack. It brings together various modules developed by civil society actors with the objective of providing a comprehensive training tool. The overall objective of this resource pack is to strengthen individual and institutional capacities in West Africa by:

The resource pack can be used to serve multiple purposes including the following:

issues; Raising awareness on conflict prevention, peacebuilding, governance and developmentsecurity Explaining the linkages of multiple institutions and initiatives related with prevention, sector, governance and development; Fostering both horizontal and vertical networking and collaboration.

module contains a number of sessions and the Act as practitioners resource:ofEachconcepts and background information. Sessions also sessions provide a brief definition key contain researched information on the various topics and its effects in the sub-region. session contains exercise guide Elicit insight from users: Eachon concepts. There at least one practical role plays,toleading reflection, debate and discussion are also case studies, questions for reflection and debates. Provide an overview of conflict prevention pack provides an overview of relevant conflict structures in the sub-region: The resource prevention instruments and structures in the sub-region. This includes an analysis of conflict prevention structures in the sub-region, for example ECOWARN, ECPF and Council of Elders.

15 10

INTRODUCTION TO RESOURSE PACK

1:3 General Approach


This resource pack aims to strengthen individual and institutional capacities in the region by deepening awareness on conflict prevention, peacebuilding, governance and development issues while at the same time demonstrate the linkages of multiple institutions and initiatives related to prevention, security, governance and development. It is developed for adult learners and encourages the sharing of experiences. The ideal trainers role is to encourage learning. The trainer is responsible for ensuring that the training environment is conducive for learning, sharing knowledge and experience and enhance the participation of all. Trainers must be alert to participants needs and behaviour. Trainers should attempt to assess what learning is occurring, and make adjustment when necessary. The trainer is responsible for ensuring that participants contribute to the learning process. It is important that the trainer addresses participants different levels of experience and ensure that contributions are encouraged from those with little or no experience on the topics.

16

11 INTRODUCTION TO RESOURSE PACK

ABOUT THE MODULES

17

ABOUT THE MODULES 17

ABOUT THE MODULES


2:3 The aims of the module
The resource pack provides civilian actors with a wide exposure to the various concepts, existing frameworks and actors in conflict prevention. Each module in the resource pack provides potential users with knowledge, information, skills and techniques that can be applied in delivering conflict prevention training. Modules do not follow a specific order for training, although some suggestions for agendas are provided. The trainer should create an agenda based on the needs of the audience, the context and the time available for training. Trainers should adapt the module sessions to suit their environment and can incorporate specific issues depending on the purpose of the training.

2:4 How to use the Resource Pack


The Resource Pack is designed to give the potential user or trainer flexibility in using the tool. The Pack can be used as a reference document on conflict prevention or as a tool for delivering conflict prevention skills. Each module in the Pack can be used Alone, or in a Combination of modules. Trainers can analyse the resources available, the objectives of the training and the target group in deciding how to use the modules. Participants for each training workshop should be between 15 40. Smaller groups enhance learning and group discussions.

The Resource Pack provides samples on how courses can be delivered with schedules. It is important for trainers to read the introduction to the module and the session objectives. The
objectives of each module and the session notes should be used to decide the structure of the sessions. It is important that group size and learning needs as well as resources available are considered before developing session plans.

2:5 Module contents


Guide to the components in each module:

2:5:1 Overview
This section provides a brief introduction and summary of the module. It gives a short background of the contents of the module including the duration of each session.

2.5.2 Introduction to the module The introduction gives a brief background of the concepts discussed in the module.
18 13 ABOUT THE MODULES

2.5.3

Objectives
The objectives outline what should be achieved at the end of each module.

2.5.4

Facilitators notes
These notes are to guide the facilitator on how to deliver the module, what tools and methodology to use, and adapt to different contexts.

2.5.5

Sessions
The sessions contain the skills components of the modules. It suggests steps in the module and highlights the topics involved. It gives guidelines on training activities and highlights related material such as role plays or case studies.

2.5.6

Handouts
Handouts contain exercises, role plays, and case studies. They also include documents that serve as additional resource for understanding theories in the modules. For instance, the ECOWARN Reporting Format Form is a handout in the Early Warning and Response module.

2.5.7

References
References provide sources of the materials used in each module and recommendations for further reading.

19 14

ABOUT THE MODULES

20

ABOUT THE MODULES

OVERVIEW OF MODULES

21

OVERVIEW OF MODULES 21

OVERVIEW OF MODULES
Module Structure

The Conflict Prevention Resource Pack consists of 14 modules and a conceptual section and a session on training and facilitation skills. Trainers have to adapt each of these modules to suit the needs of specific target groups.

Training and Facilitation Skills

This first module introduces participants to the art of training and facilitation. The aim of this module is to assist trainers develop their training skills. It takes trainers through different methods of training to enhance the complete participation of trainees in the sessions. Most of these methods are highlighted in the Resource Pack and trainers should adapt them to suit the training needs of participants.

Contents

Understanding Training and Facilitation Designing a Training Plan Electoral Processes in Africa Training and Facilitation Methods Mock Training

Module 1: Elections and Election Observation

This second module introduces participants to a conceptual framework of election observation. It raises awareness of participants on key concepts related to elections and election observation and helps them to know the role and importance of election observation and conflict prevention. It highlights case studies on the use of election observation as a conflict prevention mechanism in West Africa. Through group exercises, participants will be provided with practical skills on how to observe elections effectively.

Contents

Conceptual Framework of election and election observation Mandate for election observation in West Africa Election observation as a conflict prevention mechanism Principles and guidelines on election observation How and what to observe Reporting an election ECOWAS and WACSOF experience

Module 2: Democratic Governance

This module links issues of governance on the one hand and conflict prevention on the other. It aims at equipping a range of stakeholders with the skills and technical capacity to be part of a broader conflict prevention agenda within the sub-region.

16 22 OVERVIEW OF MODULES

Contents

Understanding Democratic Governance Linking governance and conflict Examining law and policy framework Governance and anti-corruption Engaging effectively

Module 3: Community Participation

This module provides a conceptual and practical framework for understanding key concepts in the area of community participation and good democratic governance. It introduces deliberative tools (e.g. public deliberation and dialogue) that can be used to empower participants on the approaches to use in preventing conflict at the community level by including gender sensitivity and gender participation in decision-making. It introduces participants to the understanding of citizens participation at the community level.

Contents

Understanding community participation Enhancing good governance Deliberative culture and conflict prevention Censuses building

Module 4: Security Sector Reform (SSR)

This module provides participants with the necessary conceptual knowledge about SSR. In addition, it outlines a conceptual framework for understanding SSR. Through inputs and discussions, participants will know the importance of SSR. It explains security sector governance with specific reference to parliamentary oversight issues as well as the relationship between SSR, development and conflict prevention.

Contents

Conceptualising SSR Key Concepts of SSR Understanding SSR Process Conducting Assessments Actors in SSR Democratic Civilian Control/Oversight Relationship between SSR, Development and Conflict Prevention Gender and SSR Challenges of SSR

Module 5: Children and Armed Conflict in West Africa

This modules objective is to improve the capacities of peace building practitioners and other stakeholders to crusade against the use of children during armed conflicts and facilitate the protection of their rights and needs. It further enhances understanding about children, their needs and rights, the legal instruments available for their protection and the role of civil society, public and private sectors in upholding childrens rights. The target beneficiaries are parents, youth organisations, media, government agencies, schools, Non Governmental Organisations (NGOs), Faith Based Organisations (FBOs), and Community Based Organisations (CBOs) as well as other civil society actors.

17 23

OVERVIEW OF MODULES OVERVIEW OF MODULES

Contents

Definition of a Child Understanding Children in Conflict International and Legal Standards Children as Agents of Peacebuilding Ending Violence Against Children Abuse of Children by Peace-keepers Existing Research on Children and Armed Conflicts in Africa

Module 6: Youth and Development in Africa

This module is aimed at developing participants capacity in understanding the current dynamics of youthadult engagement. It introduces participants to the concept of youth and shows participants entry points to participating in development where the youth can be of great use. The target audience includes youth, youth workers, local government staff and adults working with youth. The methodologies for training will encompass group work, role plays and mini-lectures.

Contents

Youth Entry points into developement processes Positive Youth-Adult Engagement Youth and Conflict Identifying Youth Priorities and Best Practices Best Practices for Youth Development and Conflict prevention Influencing Youth Policy

Module 7: Women, Peace and Human Security in West Africa

Women are important in conflict prevention because most times they suffer the most. The role of this module is to provide a conceptual framework and analysis of women, peace and security. Also, it examines the concept of human security and its relations to the protection of women. It raises awareness and creates an in-depth understanding of the various instruments on women, peace and security. It further provides case studies of womens contributions to peace and security in the region. The target beneficiaries of the module are practitioners, community activists, grassroots mobilisers, policy makers and researchers.

Contents

Clarification of Concepts Violence Against Women Human Security International Instruments on Women, Peace and Security

Module 8: Early Warning and Early Response in West Africa

This module does not only provide participants with a conceptual framework for understanding early warning and response mechanism, but it also exposes them to different early warning systems, particularly the ECOWAS system, and gives them practical suggestions on how to establish an early warning system at community and national levels. It exposes participants to the various concepts of early warning and teaches key reporting formats of an early warning system. This module is designed for participants who may not have background knowledge in the field of early warning and response mechanism including FBOs, CBOs and NGOs

OVERVIEW OF MODULES 24

18 OVERVIEW OF MODULES

Contents

Definition of an Early Warning System (EWS) Indicators of an EWS Types of Early Warning Report Information Gathering Engendering an EWS Designing an EWS Response Mechanisms Role of CSOs in Early Warning and Response

Module 9: Small Arms and Light Weapons (SALW)

This module raises participants awareness on the impact of the proliferation of SALW. It provides a conceptual framework for understanding SALW. Also, it highlights the danger of SALW and examines existing international, regional and sub-regional agreement on SALW. The module has case studies on SALW in West Africa and raises awareness on the role of civil societies in the control and management of SALW.

Contents

Definition of SALW The Scope of SALW Challenge in West Africa SALW Control Situation of SALW in West Africa Instruments on SALW Control Civil Society and SALW Control

Module 10: Post Conflict Reconstruction

The overall objectives of the module are to develop participants capacity in post conflict reconstruction by providing learners with a conceptual framework for understanding post conflict reconstruction. It raises the awareness of participants on post conflict reconstruction operations. It also examines the role of transitional justice in post conflict reconstruction and highlights case studies and indigenous reconciliation processes in Africa. Participants have ample time to exchange ideas and experiences through in-group work/exercises. The target audience for this module includes civilian actors in post conflict reconstruction institutions.

Contents

Conceptual Framework for Peacebuilding Post Conflict Framework Analysis Demobilisation, Disarmament, Reinsertion and Rehabilitation (DDRR) in Post Conflict Areas The Role of Transitional Justice Processes in Post Conflict Areas Special Courts in Africa Truth and Reconciliation Processes in Africa Indigenous Reconciliation Processes in Africa

Module 11: Media and Armed Conflict

This module attempts to raise awareness in participants on the need for conflict prevention. It strengthens learners understanding of the role of the media and the importance of responsible media practice through its importance in conflict prevention and peacebuilding. It also highlights the necessity for assistance in the development of a free press in West African societies.

19 25

OVERVIEW OF MODULES OVERVIEW OF MODULES

Contents

Understanding the Media Legal instruments on Media and Freedom of Expression Media and Armed Conflicts Media and Change Media and Conflict Prevention in West Africa Media and Post Conflict Development

Module 12: Alternative Dispute Resolution (ADR)

This module is aimed at contributing to the development of the capacities of actors in the West Africa subregion to better engage in conflict prevention, management and resolution, and in peace building processes. It provides a conceptual framework for understanding ADR. The module also identifies and explains ADR concepts and conflict transformation as well as the useful application of ADR mechanisms to peacebuilding efforts in West Africa. It examines how to blend traditional methods of conflict resolution with modern methods of conflict resolution and reflects on how ADR is applied across West Africa.

Contents

Understanding of ADR Conflict Resolution Mechanisms Arbitration Negotiation Conciliation Mediation Settlement/Agreement Application of ADR in Conflict Resolution in West Africa

Module 13: Human Rights

This module explains fundamental human rights and freedoms. It also encourages participants to identify human rights provisions in their national constitutions and explores the relationship between human rights and attendant responsibilities. The target beneficiaries are CSOs, mediators, negotiators, and human rights advocates among others.

Contents

Understanding of Human Rights Underlying Principles and Values of Human Rights Human Rights and Responsibilities Human Rights Standards and Mechanisms Human Rights in Conflict

26 444

Overview

OVERVIEW OF MODULES MODULE 7

CONCEPTUAL SECTION

27

CONCEPTUAL SECTION 27

1.3 Purpose for the conceptual section


The section covers key interrelated concepts to foster understanding of: its definitions; Conflict andConflict in Africa; Causes of Existing Conflict Prevention Frameworks on the continent; Human Security; Peace; The role of Civil Society in Conflict Prevention; Ethnicity, Culture and Religion; Resource and Conflict;

Conceptual Framework
Conflict Definition: What is Conflict? The definition of conflict is nuanced. Below are a few types and definitions:

Types of Conflicts
In analysing conflicts, it has been realised that conflicts exist in a variety of levels and in different forms. The most typical of conflicts include:

1. Intrapersonal Conflict: A conflict that occurs solely in the psychological dynamics of the individual's 2. 3. 4. 5. 6. 7. 8. 9. 10.

own mind. Interpersonal Conflict: Interpersonal conflict, like anger, is natural and normal. It occurs when people have different needs or values. Intrastate conflicts: These are confrontations and clashes between opposing views or groups within a state or country. Interstate Conflicts: These are confrontations and clashes over opposing views between two states. Emotional Conflict: is the presence in the subconscious of different and opposing emotions relating to a situation that has recently taken place or is in the process of being unfolded, accompanied at times by a physical discomfort and in particular by tension headaches. Group Conflict: Also called group intrigues, is where social behaviour causes groups of individuals to conflict with each other. This conflict is often caused by differences in social norms, values, and religion. Organisational Conflicts: This is a state of discord caused by the actual or perceived opposition of needs, values and interests between people working together. Community Conflict: Community conflicts exist when individuals or groups perceive or experience discriminatory behaviour directed at them by an agency or its representative, by members of another group, or by members of their own group. Economic Conflicts: These are attempts by governments to regulate their economies in such a way as to increase their power at the expense of rival countries. This primarily involves attempts to create surpluses of exports over imports. Religion-based Conflict: These are confrontations and clashes between groups of opposing or different religious beliefs.

28

CONCEPTUAL SECTION

The Different Stages of conflict


Most conflicts go through a series of stages, which may or may not occur in any order. They start as latent conflict. They then emerge, escalate, de-escalate and are resolved--sometimes permanently, sometimes temporarily until they emerge or escalate again. It has become common to describe conflicts as passing through a series of phases. Different authors name and describe these stages differently, but most include, at a minimum:

No conflict Latent conflict Emergence Escalation Hurting (Stalemate) De-Escalation/Negotiation Settlement/Resolution and Reconciliation Post-Conflict Peacebuilding
These phases are frequently shown on a diagram as it appears in Figure 1, although the accompanying text will always explain that the progress from one stage to the next is not smooth and conflicts may repeat stages several times. Figure 1: Conflict Stages

Source: Beyond Intractability, Conflict Stages. www.beyondintractability.org

Source: Beyond Intractability, Conflict Stages. www.beyondintractability.org

Latent Conflict Stage: The first stage of conflict is latent conflict. At this stage, there are deep value differences or significant injustice, which will potentially lead to an active conflict. Conflict Emergence Stage: It is common for significant tensions or grievances to persist over long periods of time without resulting in a noticeable conflict. This essay explores the factors that transform such tensions into an active conflict.

29

CONCEPTUAL SECTION 22

Conflict Escalation Stage: When a conflict reaches the escalation phase, it intensifies quickly. Escalating conflicts can turn into a spiral with each side continually provoking each other to raise the stakes, making the conflict more and more destructive. Failed Peacemaking Efforts: The repeated failure to negotiate an end to a conflict confirms its intractability. Often these failures discourage new attempts and create a burden of mistrust to be overcome. Consequently, the struggle continues. Hurting Stalemate Stage: Once conflicts escalate for awhile, the parties often reach a stalemate, neither party can win, but neither party wants to back down. At this stage the parties have two options, continue to bleed each other dry or look towards resolution. De-escalation Stage: Conflicts do not escalate indefinitely. Eventually, they reverse direction, decreasing in intensity until they are forgotten or resolved. Negotiation Stage: In the negotiation stage, parties search for mutually- beneficial ways of resolving their conflict. This stage must be timed and executed very carefully in order to avoid a return to the escalation stage. Settlement Stage: The settlement stage marks the end of the active conflict. With the waning of apartheid in South Africa, for example, the South African identity began to incorporate all the people of South Africa instead of just black or white. This was a sign that the settlement stage of the conflict was successful. Peacebuilding and Reconciliation Stage: In long-running inter-group conflicts, after successful negotiation, peacebuilding and reconciliation is necessary to prevent a return to the conflict. In this stage, disputants begin to heal and to rebuild relationships, slowly putting their society back together.
Source: Conflict Stages, Beyond Intractability. www.beyondintractability.org

Conflicts in West Africa:


The number of conflicts in Africa and West Africa in particular has decreased in the last decade. Across Africa, countries transiting from protracted civil wars continue to struggle with consolidating peace in post-conflict context e.g. Burundi, Somalia, Rwanda, Cte d'Ivoire, the Democratic Republic of Congo, Sierra Leone, Liberia and Sudan. Considering the devastating effects of these conflicts, it is worth examining the causes of conflicts especially in West Africa as part of measures in mitigating a future occurrence of such violent events. Prominent among the causes of conflict in Africa and West Africa in particular include: among different groups the society to resources such The struggledemocracy and the will toinuse democraticcontrol natural power transition;as oil and diamond; The lack of apparatus in High unemployment and the unequal distribution of economic resources; Tribalism and ethnicity; The supply of arms into the region by arm producing nations.

Also, some authors have noted that the causes of conflicts in West Africa can be summarised and narrowed down to :

Conflicts related to identity; Conflicts relating to participation; Conflicts relating to distribution;of governments. Conflicts relating to legitimacy
30 23 CONCEPTUAL SECTION

1. Root Causes
between groups probably the Inequality: Inequalityinequality betweenisgroups ratherforemost cause of conflict in Africa. It is than individuals According to the United Kingdoms Department For International Development (DFID), the causes of conflict can be grouped into: - Root causes - Secondary causes Tertiary causes

that increases the prospects of violent conflict. It exists on three mutually reinforcing levels: economic, social and political. In countries such as Liberia, Sierra Leone and Rwanda, political power and its benefits were monopolised by one group. Unequal access to power perpetuated a similar lack of access to resources and revenue. Where group inequality occurs there is also differential access to education (as has notably been the case in Burundi).This plays a key role in sustaining inequalities. Where a society is divided into two pre-dominant groups, growing inequality between them often leads to conflict.

and When the state State collapse: The collapse of stateorinstitutionstocauses internal losesregional conflict.The collapse of is unable to provide basic services security its people, it its legitimacy.

Continuous economic decline plays a part in state Economic decline and economic shock:more direct and potent cause. This can majorvarious forms collapse and conflict. Economic shock is a take ranging from natural catastrophe to sudden large shifts in terms of trade. The Ethiopian famine of 1974 was the main factor in the overthrow of Haile Selassies government and the violence that ensued. Famine can cause mass displacement increasing pressure on scarce resources. Other economic shocks have similar effects.

infrastructure completes the breakup of the state. The combination of breakdown of institutions and physical infrastructure coupled with the use of ethnic violence creates the conditions in which violence becomes self sustaining and factional warfare develops, as was the case in Liberia and Sierra Leone. One faction may predominate over time, but this does not necessarily result in resolution of conflict. This leads to the creation of shell states, where the leadership wishes to maintain the fiction of statehood. When this happens, state building will be a complex task and the process of democratisation can easily become a vehicle for consolidating personal rule.

History of conflicts: Many conflicts where there is a problems by violent means. Political violence is entrenchedoccur the instruments of tradition of resolving army, the police and and the state such as the

resource wealth: Africa types of resource-based wars Natural and wars of abundance. accommodates two conflicts of scarcity relateconflict:controlofofresource scarcity The most common to the grazing

the judiciary sustain the process. Other historical processes may provoke violence. History in places like the DRC, Rwanda and Burundi created a state model based on the artificial creation and abuse of ethnicity to maintain power. A past pattern of conflict is one of the best predictors of future conflict. Deeply entrenched historical patterns of violence are amongst the most difficult to resolve as they require major societal and political change.

Poverty: Though there is between poverty conflict, abject poverty creates an environment of disaffection. no direct link people susceptibleandbeing manipulated to further political Thus, making to ambitions or violent agendas.

and water rights for nomadic people. Countries whose economies are dependent on natural resources such as oil and minerals face a very high risk of conflict. In these wars of abundance, groups compete for control of these resources, which become the prize for controlling the state and can lead to coups, as in Sierra Leone and the DRC. Unfair exploitation of resource-rich regions can lead to secession. Abundant resources can also attract external intervention. The role of the private sector is critical in wars of abundance, as belligerents rely on its capacity to exploit and commercialise the resources. Frequently, the military have become involved in developing their own commercial companies. Such wars become self-financing, self-sustaining, and therefore less open to mediation.

31

CONCEPTUAL SECTION 24

2. Secondary causes
Unemployment, lack of education and high levels unemployment among young men and wherepopulation pressure: Countries withfar higher risk of male educational levels are low face a of conflict. Throughout Africa, factional conflict has drawn on a pool of marginalised or socially excluded young men. Increasing insecurity of land tenure in Rwanda and the high levels of rural unemployment provided a ready group of participants in the genocide there. The conflict in Liberia was fought by socially marginalised young men.

The abuse of Actors conflict Africa hatred. Such abuse prolongsethnicity: createsinlong-termindivisionshave made increasing use of ethnicpeacebuilding conflict, that reduce the effectiveness of

efforts. The war in the DRC is an example of the abuse of ethnicity where various groups were pitched against each other to wage a political warfare.

Availability and arms: The ready proliferation of small Africa is a major the proliferation ofand fuelling conflict.availability and supplies of small armsarms in factor in sustaining Considerable are in

circulation from previous wars. For example, between 1972 and 1990, Ethiopia and Somalia imported $8 billion worth of small arms and light weapons. In 1992, the Angolan government distributed an estimated 700,000 rifles to the population for their defence against UNITA. Caches of arms exist throughout the continent and Africa has active trading networks that move arms between countries. However imports of arms, primarily from former Soviet Bloc countries, continue to grow and to sustain conflict. The increasing capacity within Africa to manufacture ammunition has removed yet another constraint on the use of small arms. The ready availability and relatively low cost of small arms has been coupled with the emergence of a network of both local and international dealers who trade arms for minerals or other resources. This has been a major factor in prolonging African conflicts, which have become selfsustaining conflicts and consequently less amenable to external mediation or intervention.

3. Tertiary Causes
Regional and large of Africa through the Great Lakesinterlocking conflicts: Aup in aswatheof multiplefrom Sudan to Angola, passing duration and the DRC, is caught series and interlocking conflicts. The of conflict therefore increases with the complexity of regional intervention, and the interrelationship of one conflict with another.

The conflict cycle: Parts of Africa have settled into a conflict cycle in states move from low-level crisis or open war into long-term and protracted conflict and whichback to or factionscrisis. Often then low level

the greatest risks occur when a fragile peace is not properly consolidated. This was demonstrated in Sierra Leone in 2000. In some cases, states or factions have entered into a framework that provides for consensual conflict, where belligerents have more to gain from sustaining low-level conflict than from its resolution.

Internal conflicts are have arrived at a Lack of guarantors: a political and militarymostly resolved when the partiesa involvedfeels that it has a stalemate, frequently balance. When either party to conflict

perceived advantage or disadvantage, it continues to fight, spurred on by the prospect of victory or a desire to negotiate from a more advantageous position. A hurting stalemate where all belligerents have lost provides opportunity for resolution of conflict. In many cases, the opportunities for resolution are lost because of the lack of credible external guarantors to the peace process. This is particularly important when dealing with demobilisation and disarmament, where the stakes are high for the belligerent groups in terms of the potential loss of power and personal security.

32 25

CONCEPTUAL SECTION

and inappropriate mediation: External in times Inadequate decade has seen few obvious successes.mediation is frequently offeredresolutionof conflict, yet the past While the option for peaceful of conflict

must always be available, poor mediation processes can make the situation worse and prolong conflict by giving combatants time to rearm and reorganise as has happened in the DRC and Angola. Peace processes that are based on inadequate analysis and rushed timescales can push the parties to conflict into untenable positions and threaten their power base or chances of survival. Greater emphasis on securing and maintaining a cessation of hostilities as the first priority is critical. Peace processes need to be able to draw on a wider spectrum of arrangements for transitional government to provide the conditions in which a stable peace, which addresses the fundamental causes of conflict, can be established.

of humanitarian There increasing dangers Manipulationassistance can causeassistance:intensifiedare prolonged. Where warsthat much needed humanitarian wars to be or are fought through factional or proxy forces there is little recognition or respect for international humanitarian standards. Such forces seek to control humanitarian assistance as a means of conferring greater political legitimacy on them and control over the population. Relief supplies may also provide the focus for increasing tension and fighting between groups that receive supplies and their neighbours, as was the case in South Sudan. Somalia in 1995 and Zaire in 1996 demonstrated the problems that occur when humanitarian assistance becomes the key element in a resource-starved environment and therefore subject to predatory behaviour. Humanitarian agencies increasingly recognise that they face a major dilemma in meeting the needs of victims without providing the means to resume fighting.

What is Conflict Prevention?


The ECOWAS Conflict Prevention Framework (ECPF) defines conflict prevention as activities designed to reduce tensions and prevent the outbreak, escalation, spread or recurrence of violence. Conflict prevention strategies may distinguish between operational prevention (measures applicable in the face of imminent crisis) and structural prevention (measures to ensure that crises do not arise in the first place or, if they do, that they do not re-occur). The emphasis is not on preventing conflict per se (conflict being a natural consequence of change) but in halting its descent into violence . This definition covers the entire spectrum of conflict and elucidates that the ECPF will focus on preventing the eruption, escalation and resurgence of violent conflicts.

Existing Conflict Prevention Frameworks in Africa

Conflict Prevention is the object of a wide range of policies and initiatives; its aim is to avoid violent escalation of disputes. Conflict Prevention includes: a Monitoring and/or intervening to stabilisewellpotentially violent conflict before its outbreak by initiating activities that address the root causes as as the triggers of a dispute; Establishing mechanisms that detect early warning signs and record specific indicators that may help to predict impending violence; coordination Using planned development;to prevent the creation of conflict when delivering humanitarian aid and in the process of Institutionalising the idea of preventing conflict at the local, regional, and international levels.

The concept and practice of Conflict Prevention evolved from being focused almost exclusively on an overview of existing conflict prevention instruments applicable in Africa and West Africa in particular gives greater insight into understanding conflict prevention frameworks.

33

CONCEPTUAL SECTION 26

UN Instruments on Conflict Prevention

The United Nations has undertaken measures to promote a comprehensive approach to conflict prevention, peace-building and development. In these efforts there has been increasing recognition of the socio-economic causes of violent conflict and the urgent need for addressing them. In addition, the importance of long-term development in post conflict countries and their re-integration into the global economy has been increasingly given importance within and outside the United Nations. Along with other actors, the UN Department for Economic and Social Affairs (UNDESA) has been focusing on these issues. In particular, UNDESA has worked to integrate conflict prevention and peace-building by: servicing the Economic and Social Council (ECOSOC) Ad Hoc Advisory Groups on African Countries Emerging from Conflicts, participating in mechanisms as the Framework Team, mainstreaming gender and bringing gender perspectives to the centre of peace processes, strengthening technical cooperation activities for capacity building at the country level in conflict prevention and peace-building addressing the interrelationship between social integration and peace-building; and analysing the impact of conflict on natural resource management and the relationship between natural resource endowments and causes of conflicts. The most desirable and efficient employment of diplomacy is to ease tensions before they result in conflict or, if conflict breaks out, to act swiftly to contain it and resolve its underlying causes. Preventive diplomacy may be performed by the Secretary-General personally or through senior staff or specialised agencies and programmes, by the Security Council or the General Assembly, and by regional organisations in cooperation with the United Nations. Preventive diplomacy requires measures to create confidence; it needs early warning based on information gathering and informal or formal fact-finding; it may also involve preventive deployment and, in some situations, demilitarised zones.

A.

Report of the UN Panel on United Nations Peace Operations

A distinguished group, the Panel on United Nations Peace Operations, was asked by the former Secretary General Kofi Annan to outline the processes and changes which shall enable and allow the United Nations to be better prepared to meet the challenges of peacekeeping facing the Member States and the United Nations in the 21st Century. The Brahimi Report seeks pragmatic and practical solutions to matters related to peacekeeping today and as such must be both referred to and placed in this context. It does not claim to be an inclusive solution of global conflicts; rather it should be taken as a starting point in any discussion or process towards the management of global conflict. The Brahimi Report focuses on: existing system; Shortcomings in therecommendations for change; Frank and realistic issues; strategic Political andand Organisational issues. Operational

Based on the focus mentioned above, the report offers key recommendations. Among others, these include:

1. Preventive action
a. The Panel endorses the recommendations of the Secretary-General with respect to conflict prevention contained in the Millennium Report and in his remarks before the Security Councils second open meeting on conflict prevention in July 2000, in particular his appeal to "all who are engaged in conflict prevention and development the United Nations, the Bretton Woods institutions, Governments and civil society organisations [to] address these challenges in a more integrated fashion";

34 27

CONCEPTUAL SECTION

b. The Panel supports the Secretary-Generals more frequent use of fact-finding missions to areas of tension, and stresses Member States obligations, under Article 2(5) of the Charter, to give "every assistance" to such activities of the United Nations.

2. Peace-building strategy

a. A small percentage of a missions first-year budget should be made available to the representative or special representative of the Secretary-General leading the mission to fund quick impact projects in its area of operations, with the advice of the United Nations country teams resident coordinator; b. The Panel recommends a doctrinal shift in the use of civilian police, other rule of law elements and human rights experts in complex peace operations to reflect an increased focus on strengthening rule of law institutions and improving respect for human rights in post-conflict environments; c. The Panel recommends that the legislative bodies consider bringing demobilisation and reintegration programmes into the assessed budgets of complex peace operations for the first phase of an operation in order to facilitate the rapid disassembly of fighting factions and reduce the likelihood of resumed conflict; d. The Panel recommends that the Executive Committee on Peace and Security (ECPS) discuss and recommend to the Secretary-General a plan to strengthen the permanent capacity of the United Nations to develop peace-building strategies and to implement programmes in support of those strategies.

3. Peacekeeping doctrine and strategy

Once deployed, United Nations peacekeepers must be able to carry out their mandates professionally and successfully and be capable of defending themselves, other mission components and the missions mandate, with robust rules of engagement, against those who renege on their commitments to a peace accord or otherwise seek to undermine it by violence.

4. Clear, credible and achievable mandates

a. The Panel recommends that, before the Security Council agrees to implement a ceasefire or peace agreement with a United Nations-led peacekeeping operation, the Council assure itself that the agreement meets threshold conditions, such as consistency with international human rights standards and practicability of specified tasks and timelines; b. The Security Council should leave in draft form resolutions authorising missions with sizeable troop levels until such time as the Secretary-General has firm commitments of troops and other critical mission support elements, including peace-building elements, from Member States; c. Security Council resolutions should meet the requirements of peacekeeping operations when they deploy into potentially dangerous situations, especially the need for a clear chain of command and unity of effort; d. The Secretariat must tell the Security Council what it needs to know, not what it wants to hear, when formulating or changing mission mandates, and countries that have committed military units to an operation should have access to Secretariat briefings to the Council on matters affecting the safety and security of their personnel, especially those meetings with implications for a missions use of force.

5. Information and strategic analysis

The Secretary-General should establish an entity, referred to here as the ECPS Information and Strategic Analysis Secretariat (EISAS), which would support the information and analysis needs of all members of ECPS; for management purposes, it should be administered by and report jointly to the heads of the Department of Political Affairs (DPA) and the Department of Peacekeeping Operations (DPKO).

35

CONCEPTUAL SECTION 28

6. Transitional civil administration

a. The Panel recommends that the Secretary-General invite a panel of international legal experts, including individuals with experience in United Nations operations that have transitional administration mandates, to evaluate the feasibility and utility of developing an interim criminal code, including any regional adaptations potentially required, for use by such operations pending the re-establishment of local rule of law and local law enforcement capacity.

7. Determining deployment timelines

The United Nations should define "rapid and effective deployment capacities" as the ability, from an operational perspective, to fully deploy traditional peacekeeping operations within 30 days after the adoption of a Security Council resolution, and within 90 days in the case of complex peacekeeping operations.

B.

An Agenda for Peace

This document (An Agenda for Peace) by the former Secretary General of the UN - Boutros Boutros Ghali provides analysis and recommendations on ways to strengthen and improve the UN's capacity to maintain world peace. The document was incorporated by the UN Security Council on 31 January, 1992.

Definitions
An Agenda for Peace was significant in defining four consecutive phases of international action to prevent or control conflicts. An Agenda for Peace was conceived and written in the aftermath of the end of the Cold War when the international community was optimistic that the resulting era of international cooperation would facilitate its peace activities through the UN. Such optimism was initially supported by the sudden and vast expansion in the number, size and scope of UN peace operations.

An Agenda for Peace and Disarmament


Although disarmament is not the central theme of An Agenda for Peace, several references are made which at last appropriated institutional recognition of the importance of integrating arms control into peace operations. Within each of the phases of international peace action outlined above, Boutros-Ghali explained a number of tasks and measures necessary to establish and strengthen peace and to avoid a relapse into war. Among these, disarmament featured primarily through the removal of landmines and the demobilisation of combatants. Although demobilisation has for some time been a feature of UN peacekeeping operations, such as in Cambodia and Nicaragua in the 1980s, during the past decade it has become more integrated as peace operations have evolved.

Micro-disarmament
In the Supplement, Boutros-Ghali reports on progress made in the field of disarmament, namely regarding weapons of mass destruction, with the entry into force of the Chemical Weapons Convention and the expansion of the nuclear non-proliferation agenda. However, it was practical disarmament, or 'microdisarmament' as it is often called, that received due attention. Disarmament Demobilisation and Reintegration (DDR) programmes have proven a central function to establishing peace in places such as Namibia, Cambodia and El Salvador, but despite the necessity to undertake such tasks, they are often obstructed by the lack of authority given to a peacebuilding process. Unless DDR forms a formal part of a peace process, including specific provisions within a peace agreement,

36 29

CONCEPTUAL SECTION

implementation of such projects becomes more difficult to enforce. Secretary-General Kofi Annan in his report on the Prevention of Armed Conflict published in June 2001 highlighted the role of disarmament in conflict prevention, with emphasis placed on proactive rather than reactive measures, a development that Annan has attempted to prioritise ever since assuming office. One recommendation he made to the Security Council was to include, as appropriate, a DDR component in the mandates of UN peacekeeping and peacebuilding operations.

Conclusion: Recommendations and Reforms


An Agenda for Peace recognised problems in the UN's capacity to maintain world peace, for instance resulting from shortages of funds, in particular for reconnaissance, planning and start-up of peace operations. Problems with recruitment and training of personnel proved severe constraints on the UN's ability to deploy quickly, which can be crucial in the effective management of peace processes. Boutros-Ghali also highlighted the continuing damage to the credibility of the Security Council and the UN in general when the Council makes decisions that cannot be carried out because sufficient resources are not forthcoming; he urged that in future the availability of necessary troops and equipment be established before authorising new operations. Although Agenda was initially received enthusiastically by UN Member States, this enthusiasm waned and many of its recommendations were not implemented; perhaps, if support for Agenda had been sustained, some of the ensuing disasters, such as Somalia, Bosnia and Rwanda, may possibly have turned out differently. Thus, many problems have not been addressed adequately and remain a hindrance to the UN's capacity to maintain world peace today. Criticisms in Brahimi confirm these failures. For instance, Brahimi reiterated problems emanating from the Council authorising mandates without providing sufficient resources. Furthermore, it recognised that, where DDR programmes form part of a peace operation, the reintegration element is voluntarily funded, which means that support is often very meagre, greatly risking a return to violence, while it further complained that DDR lacks a focal point, undermining its vital cohesion.

African Union/NEPAD Instruments and Frameworks


1. The AU Peace and Security Architecture
The quest for a peaceful and progressive Africa as an integral part of the world community is at the very heart of the African Union, as provided in its Constitutive Act and further specified in the Protocol on the Establishment of the Peace and Security Council. In order to fully assume this responsibility, the African Union has taken concrete steps for the establishment of a comprehensive continental architecture for the maintenance of peace and security, as one of the prerequisites for development and integration of the continent. This continental architecture includes the Peace and Security Council itself, the African Common Defense Mechanism, the African Standby Force, the African Continental Early Warning Mechanism, and the Panel of the Wise.

2. The African Post conflict Reconstruction Policy framework

The policy framework sets out an African agenda for post-conflict reconstruction which aims to, among other things, address the nexus between the peace, security, humanitarian and development dimensions of post-conflict reconstruction and peacebuilding. The African Post-Conflict Reconstruction Policy Framework was developed through a broad consultative process facilitated by the New Partnership for Africas Development (NEPAD) Secretariat. The policy framework sets out an African agenda for post-conflict reconstruction which aims to, among other things, address the nexus between the peace, security, humanitarian

The policy framework sets out an African agenda for post-conflict reconstruction which aims to, among other things, address the nexus between the peace, security, humanitarian and development dimensions of post-conflict reconstruction and peacebuilding.

37

CONCEPTUAL SECTION 30

and development dimensions of post-conflict reconstruction and peacebuilding. The framework intends to encourage an overall state of mutual consistency among the policies and programmes of, on the one hand, the African Union/NEPAD, Regional Economic Communities (RECs), Member States, civil society and the financial and private sector in Africa and, on the other hand, the various international institutions, agencies, governments, NGOs and private contractors that constitute the external actors in the post-conflict reconstruction system. This policy framework provides a common platform for the diverse range of actors involved in post-conflict reconstruction systems to conceptualise, organise and prioritise policy responses. It is aimed at facilitating coherence in the assessment, planning, coordination and monitoring of post-conflict reconstruction systems by providing a common frame of reference and conceptual base for the broad range of multidisciplinary, multifunctional and multidimensional actors that collectively populate these systems. This policy framework highlights the need to bring all the current strategic planning and funding processes together into one coherent overall country level strategic framework so that the political, security, humanitarian and development aspects of the overall post-conflict reconstruction system are synchronised and coordinated. Such an overall strategic framework needs to be linked to a monitoring and evaluation system so that the various dimensions, sectors and programmes that make up the system can adjust their plans according to the feedback from others on progress made or setbacks experienced elsewhere in the system. An overall country level strategic framework will assist in coordinating the various constituent elements of the post-conflict reconstruction system around a common country strategy. Externally driven post-conflict reconstruction processes that lack sufficient local ownership and participation are unsustainable. External actors should systematically develop the capacity of the internal actors and facilitate the scaling-down of their own role and the scaling-up of the role of the internal actors. Internal actors should be involved in assessment, planning and monitoring processes to the greatest extent possible. As the situation improves the participation of the internal actors should increase until they eventually take full ownership of this function. Moreover, there is a need to synchronise the rate of delivery by the external actors with the capacity for absorption of the internal actors. This entails programming those elements of the assistance package that are not aimed at emergency relief and recovery over a longer-term, and directing more of the assistance initially to building the capacities that would be required to absorb downstream assistance. Further, the needs of special needs groups must be factored into planning and programming. Special needs groups are those groups or categories of internal actors that require programme responses that cater for their specific needs, such as: women, children, youth, the disabled, the elderly, ex-combatants, female ex-combatants, child soldiers, IDPs, refugees, single-parent households, victims of sexual violence, HIV positive, and others. What is the intention of the policy framework? This policy framework sets out an African agenda for post-conflict reconstruction. It is intended to encourage an overall state of mutual consistency among the policies and programmes of, on the one hand, the African Union/NEPAD, RECs, Member States, civil society and the financial and private sector in Africa and, on the other hand the various international institutions, agencies, governments, NGOs and private contractors that constitute the external actors in the post-conflict reconstruction system. In this context, the African PostConflict Reconstruction Policy Framework can be understood as the effort to ensure that the peace, security, humanitarian and development dimensions of post-conflict reconstruction systems in Africa are directed towards a common objective.

3. The African Union Non-Aggression and Common Defence Pact (January 2005)

Conscious of the gravity of the impact of conflicts both within and among African States, on peace, security and stability on the continent, and their devastating impact on socio-economic development, the heads of states of the Africa Union decided in 2005 to establish the African Union Non-aggression and Common Defence Pact. 38 31 CONCEPTUAL SECTION

Objectives of the Pact

The objectives of this Pact are: i. To promote cooperation among the Member States in the areas of non-aggression and common defence; ii. To promote peaceful co-existence in Africa; iii. To prevent conflicts of inter-State or intra-State nature, and iv. To ensure that disputes are resolved by peaceful means. In pursuance of these objectives, this Pact seeks to define a framework under which the Union may intervene or authorise intervention, in preventing or addressing situations of aggression, in conformity with the Constitutive Act, the Protocol and the Common African Defence and Security Policy. Consequently, any aggression or threat of aggression against any of the Member States shall be deemed to constitute threat or aggression against all Member States. Under this act, State Parties to the AU undertake, pursuant to the provisions of the Constitutive Act, to resolve any differences by peaceful means, in order to avoid endangering peace and security; to refrain from the use of force or threat in their relations with one another and in any manner whatsoever, incompatible with the United Nations Charter. Consequently, no consideration, be it political, economic, military, religious or racial can justify aggression. State Parties undertake to develop and strengthen the friendly and peaceful relations among them in accordance with the fundamental principles of the Union. Further, State Parties to the Act undertake to prohibit and prevent genocide, other forms of mass murder as well as crimes against humanity. They undertake not to recognise any territorial acquisition or special advantage, resulting from the use of aggression. Some important components of the Act include:

Peaceful settlement of disputes

State Parties involved in any dispute shall first seek a solution by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, or resort to regional and continental mechanisms or arrangements, or other peaceful means.

The African Peace Academy

State Parties undertake to establish and operationalise the African Peace Academy (APA) to serve as a framework for the promotion of peace and stability in Africa, and as a centre of excellence for research and development of an African peace doctrine.

African Centre for The Study And Research on Terrorism

The African Centre for the Study and Research on Terrorism (ACSRT) shall serve to centralise, collect and disseminate information, studies and analysis on terrorism and terrorist groups, and shall provide training programmes by organising, with the assistance of international partners meetings, and symposia, in order to prevent and combat terrorist acts in Africa. The Centre shall assist Member States to develop their expertise and strategies for the prevention and combating of terrorism, particularly with respect to the implementation of the 1999 OAU Convention and its Protocol thereto on the Prevention and Combating of Terrorism, as well as the Plan of Action on the Prevention and Combating of Terrorism in Africa and other relevant decisions adopted by the policy Organs of the Union.

39

CONCEPTUAL SECTION 32

THE AFRICAN UNION COMMISSION ON INTERNATIONAL LAW


State Parties undertake to establish an African Union Commission on International Law whose objectives shall be to study all legal matters related to the promotion of peace and security in Africa, including the demarcation and delineation of African borders.

ECOWAS Instruments on Conflict Prevention


1. ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Related Materials Considering that the proliferation of small arms and light weapons constitutes a major destabilising factor in ECOWAS Member States and poses a serious threat to the peace and stability of their peoples, and fully aware of the need to build peace and prevent conflicts in West Africa, and the disastrous consequences the proliferation of small arms and light weapons has on the prolongation of armed conflicts and illegal exploitation of natural resources; the head of states of ECOWAS signed the ECOWAS Convention on Small Arms and Light Weapons, their Ammunition and other related materials. The objectives of the Convention are: 1. To prevent and combat the excessive and destabilising accumulation of small arms and light weapons within ECOWAS; 2. To continue the efforts to control the use of small arms and light weapons within ECOWAS; 3. To consolidate the gains of the Declaration of the Moratorium on the Importation, Exportation and Manufacture of Small Arms and its Code of Conduct. 4. To promote trust between the Member States through concerted and transparent action on the control of small arms and light weapons within ECOWAS; 5. To build institutional and operational capacities of the ECOWAS Executive Secretariat and the Member States in the efforts to curb the proliferation of small arms and light weapons, their ammunitions and other related materials; 6. To promote the exchange of information and cooperation among the Member States. Under this convention, all states agree to prohibit the transfer of small arms and light weapons within their territories. Further, this convention provides clear instructions on the manufacture of light arms by Member States. The convention states that without prejudice to the other measures that Member States will undertake to ensure the effective control of the manufacturing of small arms and light weapons on their national territory, a request for the manufacture of small arms and light weapons will not be granted if the requesting person has not given information relating to: a. Details of the arms to be manufactured the quantity, exact type and kind of arms using ECOWAS classification system, including all serial numbers and other markings; b. The procedure for marking; the procedure for entering details of each small arm and light weapon into the national small arms and light weapons register; information on the storage and management of the weapons after manufacture.

2. Mechanism For Conflict Prevention, Management, Resolution, Peace-Keeping and Security

The ECOWAS Mechanism, as it is usually called, establishes several institutions, organs and strategies, all with defined responsibilities and aims that address the peace and security situation in the sub region. These include:

40 33

CONCEPTUAL SECTION

The Mediation and Security Council, which operates at the level of heads of state and government, ministers and ambassadors, taking decisions that impact on peace and security, including the deployment of military missions; The Defence and Security Commission, which is made up of defence chiefs and security technocrats who work out the technicalities of a military intervention; ECOMOG, which is now formally established as a multi-purpose standby force ready for immediate deployment. ECOMOG is described as multi-purpose in the sense that it can assume one of several functions of observation, monitoring and peace-keeping. It can be deployed for humanitarian intervention or the enforcement of sanctions. It can also undertake policing activities in order to control fraud and organised crime; An early-warning system, in the form of a regional observation network, has also been created. Established within the Executive Secretariat and also in specific areas within the community are observation centres or bureaux, where data on states ranging across the economic, political, security and social sectors are collected and analysed in order to detect warning signals that may signify potential conflict. This is considered an important tool in the early detection of conflict that should then inform conflict-prevention strategies; A Council of Elders is proposed in accordance with African traditional practice to assume the roles of mediation, conciliation and negotiation in a situation where there are indicators of potential conflict. ECOWAS has a Council of Elders made up of thirty-two eminent persons drawn from within and outside the sub-region. Its mandate is essentially that of preventive diplomacy. The Council of Elders will be constituted annually by the Executive Secretary from an approved list stored in a data bank at the Secretariat.

3. The ECOWAS Conflict Prevention Framework (ECPF)

As part of efforts to prevent conflicts in West Africa, ECOWAS designed the ECPF to address structural and operational prevention and peace building by providing guidelines and entry points for actors to engage in prevention initiatives. The key objectives of ECPF are: a. b. c. Enhancing the conceptual basis for conflict prevention; Mainstreaming conflict prevention into ECOWASs policies and programmes as an operational mechanism; Strengthening capacity within ECOWAS to pursue concrete and integrated conflict prevention and peace-building initiatives using existing resources, such as the departments of the Commission, the Early Warning System, organs of the Commission, including the Council of the Wise and Special Mediators and other ECOWAS institutions; Strengthening awareness, capacity and anticipation within Member-States and civil society as principal constituencies and actors in conflict prevention and peace-building; Increasing understanding of opportunities, tools and resources related to conflict prevention and peace-building at technical and political levels; Extending opportunities for conflict prevention to post-conflict environments by means of targeted restructuring of political governance, conflict-sensitive reconstruction, development and other peacebuilding initiatives; Enhancing ECOWAS anticipation and planning capabilities in relation to regional tensions; Generating a more pro-active and operational conflict prevention posture from Member-States and the ECOWAS system; Increasing awareness and preparedness for collaborative ventures between ECOWAS, MemberStates, civil society and external constituencies (RECs, AU, EU, UN, IFIs and Development/Humanitarian Agencies) in pursuit of conflict prevention and peace-building.

d. e. f.

g. h. i.

41

CONCEPTUAL SECTION 34

The ECPF objectives will be achieved through fourteen components which are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Early Warning; Preventive Diplomacy; Democracy and Political Governance; Human Rights and the Rule of Law; Media; Natural Resource Governance; Cross-Border Initiatives; Security Governance; Practical Disarmament; Women, Peace and Security; Youth Empowerment; ECOWAS Standby Force; Humanitarian Assistance; and Peace Education (The Culture of Peace)

Peace

Peace can be a state of harmony or the absence of hostility. It can also be a non-violent way of life. Peace is used to describe the end of a violent conflict. Peace can mean a state of quiet or tranquillity an absence of disturbance or agitation. Agenda for Peace defines Peace as the state of society when differences are not through the threat or use of armed force and when public order is respected. Peace is sometimes defined as the absence of war. This does not mean tensions and conflicts do not exist but they may be solved through specific means like peacebuilding, peacemaking and peacekeeping mechanisms. Some concepts involving peace include:

Positive Peace

Positive Peace; Negative Peace; Peacebuilding; Peacekeeping; Peacemaking; Conflict Resolution; Conflict Management; Peace Enforcement.

A pattern of cooperation and integration between major human groups. It is about people interacting in cooperative ways; it is about social organisations of diverse peoples who willingly choose to cooperate for the benefit of all humankind; it calls for a system in which there are no winners and losers - all are winners; it is a state so highly valued that institutions are built around it to protect and promote it. It also involves the search for positive conditions which can resolve the underlying causes of conflict that produce violence. The strategies used for this purpose are called "associative," and they are characterised by "a high level of social interaction that enables more rapid resolution of conflict by providing maximum contacts through which solutions may arise". This type of peace is more than the absence of violence; it is the presence of social justice through equal opportunity, a fair distribution of power and resources, equal protection and impartial enforcement of law in a stable and unstable environment. The concept of positive peace involves the elimination of the root causes of war, violence, and injustice and the conscious effort to build a society that reflects these commitments. Positive peace assumes an 42 35 CONCEPTUAL SECTION

interconnectedness of all life. As the definition suggests, it is the presence of social justice to avoid the initial inception of conflict, are there clear examples of positive peace in the many conflicts Africa has experienced in the two decades?

Negative Peace

This is the absence of violence, like a cease-fire, like keeping them apart, not negative but indifferent relations. Negative peace is defined as a state requiring a set of social structures that provide security and protection from acts of direct physical violence committed by individuals, groups or nations. The emphasis is on control of violence. The main strategy is dissociation, whereby conflicting parties are separated. In general; policies based on the idea of negative peace do not deal with the causes of violence, only its manifestations. Therefore, these policies are thought to be insufficient to assure lasting conditions of peace. Indeed, by suppressing the release of tensions resulting from social conflict, negative peace efforts may actually lead to future violence of greater magnitude. It is the absence of direct violence physical, verbal, and psychological) between individuals, groups, and governments. The concept of NEGATIVE PEACE addresses immediate symptoms, the conditions of war, and the use and effects of force and weapons. It implies that the formal absence of international wars has been precariously maintained on an unstable basis by threats, deterrence, and/or a lack of will or capability to enter into interstate hostilities.

Peacekeeping

The United Nations defines peacekeeping as "the deployment of international military and civilian personnel to a conflict area with the consent of the parties to the conflict in order to: stop or contain hostilities or supervise the carrying out of a peace agreement." While this definition serves as a useful reference point, no single definition of peacekeeping exists. Peacekeeping continues to evolve as new conflicts arise and demands to resolve them are increasingly take new dimensions.

ECOWAS

ECOWAS Heads of State and Government adopted a non-aggression protocol in 1978, a defence assistance protocol in 1981 and a declaration of political principles in July 1991. This declaration which is a plea for democratic principles in the sub-region condemns unequivocally any seizure of power by force of arms. It must also be pointed out that in 1990 the Authority of Heads of State and Government created an ECOWAS ceasefire follow-up group called ECOMOG. This peace-keeping force had cause to intervene in Liberia, Sierra Leone and Guinea- Bissau.

Liberia

After it had been deployed in the Republic of Liberia in August 1990, ECOMOG worked there to restore peace, ensure security and law and order. It also engaged in many humanitarian activities aimed at reducing the sufferings of the people. In sum, ECOMOG helped considerably to create favourable conditions for the holding in Liberia of the free and democratic presidential and parliamentary elections of 19 July, 1997. Eleven Member States of ECOWAS provided contingents for the operations in Liberia. These are: Burkina Faso, Cte dIvoire, Gambia, Ghana, Guinea, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo. Two other African States also participated, Uganda and Tanzania.

Sierra Leone

The intervention of ECOMOG forces in Sierra Leone occurred following the overthrow of the lawful government of this country headed by President Ahmed Teejan KABBAH. In February 1998, ECOMOG restored constitutional legality and reinstated the government of the democratically elected President.

43

CONCEPTUAL SECTION 36

All the antagonists in the conflict, namely, the lawful government, the RUF rebels and the members of the (AFRC) military Junta signed in Lome in September 1999 an agreement protocol on the final settlement of the Sierra Leonean crisis. Following the appeals made to the international community to give meaningful assistance for a final restoration of peace, a United Nations peace-keeping force "UNAMSIL" replaced ECOMOG forces in Sierra Leone. The ECOWAS countries which provided contingents for ECOMOG operations in Sierra Leone are Ghana, Guinea, Mali and Nigeria. ECOWAS became the vanguard for the UN force established several months later. It is important that international peacekeeping missions work very closely with regional organisations like ECOWAS or the African Union to maintain peace and security during violence. Civilian Peacekeepers These are civilians who take positions for activities such as human rights monitoring, election observation, disarmament, demobilisation and reintegration (DDR) and providing humanitarian aid. Civilian peacekeepers are not conflict resolvers, except in a small proportion of the peacekeeping positions available. Rather, they work as civilian police, election monitors, administrators, doctors, drivers, and technicians. A short look at how the need for civilian peacekeepers emerged will explain this. Peacekeeping operations require a wider variety of civilian roles and these roles carry higher requirements for specialised expertise and responsibility. Some observers also note that many tasks originally carried out by military peacekeepers can be undertaken by civilian contractors, volunteers, and by local communities. Demining may be one of the more vivid (and risky) examples but many other technical tasks, such as transport and equipment maintenance are devolving to civilians, who are more cost efficient than military personnel. It also offers direct support to conflict intervention programs, with conferences focused on regional problems and regional response systems. A recent example is its Program on Conflict Resolution in Africa, launched in 1992. Peacemaking Peacemaking is the process of forging a settlement between the disputing parties. While this can be done in direct negotiations with just the two disputants, it is often also done with a third-party mediator, who assists with process and communication problems, and helps the parties work effectively together to draft a workable peace accord or move them towards nonviolent dialogue, and eventually reach a peace agreement. Negotiators are official diplomats, although citizens are getting involved in the peacemaking process more and more. While they do not negotiate final accords, citizen diplomacy is becoming an increasingly common way to start the peacemaking process, which is then finalised with official diplomatic efforts. Negotiation The ultimate objective of formal negotiations is to create a mutually accepted outcome for the conflicting parties, thus ending the violence. Negotiation involves several integrated processes that can take place on different levels, between local institutions and international actors. Conflicting parties come to the table only when they perceive it to be in their own interests. Usually this is when the contending parties have reached a mutually hurting stalemate, where the costs of continued fighting are too high. A stalemate comes about because of the absence of change and negotiation becomes attractive as a way to pursue their aims through more peaceful, means. This window of opportunity, or ripe moment for resolution, must be recognised and acted upon. During negotiations, trust must develop between the conflicting parties through a functional working relationship that establishes good faith. Furthermore, negotiation is a creative process, adaptable to changing circumstances, and flexible to new alternatives. Negotiations usually occur between first track diplomats. Second track diplomacy can be pursued by CSOs or intellectuals, for example, and often plays a vital role in preparing the negotiation. Getting the parties together, identifying key issues, distinguishing rational from emotional objectives, preparing the agenda and 44 37 CONCEPTUAL SECTION

negotiating the peace agreement, are all key functions of peacemaking. Third parties are often necessary to facilitate and mediate the process. This third party can conduct direct to indirect negotiations, or can document and draft working plans and proposals. Mediators can also conduct shuttle diplomacy between two conflicting parties who will not or cannot negotiate face to face in order to advance the negotiation process. Mediation When the parties to a conflict are unable to come to a resolution by themselves, the intervention of a third party is a possible means of breaking the deadlock and producing and acceptable solution. Mediators can play different roles. They can serve as hosts, observers, facilitators, formulators, educators, manipulators, or advocates. Mediators might be chosen for their reputation, skills, knowledge or resources. Mediators have their own motivations for participating in the negotiation process and sometimes come with their own agenda. Despite their biases, it is generally believed that mediators should be neutral to any of the conflicting parties. Their participation as intermediaries is based on the trust of all the conflicting parties. A mediator's participation can be terminated at any point during the negotiation process. Conciliation Conciliation is a form of negotiation that aims to settle disputes before they become conflicts. When a government or organisation anticipates that a decision or a proposed course of action may cause harm, discussions with the affected party can provide a way of avoiding a dispute by creating opportunities for adjustment and accommodation. Conciliation therefore requires the willingness of the parties to compromise in order to avoid violence. Arbitration Arbitration functions in ways similar to a court system, yet it is less formal and more flexible than court proceedings. This form of adjudication is more conciliatory; at the same time its decisions are also final and binding. The proceedings and their outcome can be kept confidential. An arbitration panel is made up of an uneven number of judges. Each party chooses an equal number of judges and the last is expected to be impartial. The arbitrators selected by the parties have specialised knowledge of the issues involved. Before parties submit themselves to arbitration they have to agree on what procedures to adopt. This can lead to disputes about the laws applied, the choices between ad hoc and institutional arbitration, and the location of the proceedings. Arbitration lacks the power to conduct third-party inquiry and to subpoena witnesses. Arbitration can also be relatively expensive because the disputing parties will have to carry the entire cost of the litigation. Enforcement mechanisms are usually weak or ineffective, increasing the probability that the losing party will choose continued conflict over undesirable terms of compliance. International Courts International judiciary and quasi-judiciary bodies apply international law between signatory states subject to the court's jurisdiction. Their decisions are final and legally binding. Enforcement is still problematic, as the concept of state sovereignty prevails over international law. The most important international courts are:

The International Court of Justice (ICJ); International Criminal Court (ICC); The European Union's Court of Justice;Council of Europe Court for Human Rights; War Tribunals (e.g. Rwanda and Yugoslavia).

45

CONCEPTUAL SECTION 38

Examples of Peacemaking in Africa


The Secretary-General as peacemaker: The Secretary-General plays a central role in peacemaking, both personally and by dispatching special envoys or missions for specific tasks, such as negotiation or fact-finding. Under the Charter, the Secretary-General may bring to the attention of the Security Council any matter that might threaten the maintenance of international peace and security. To help resolve disputes, the SecretaryGeneral may use his "good offices" for mediation or to exercise preventive diplomacy. The impartiality of the Secretary-General is one of the United Nations' great assets. In many instances, the Secretary-General has been instrumental in averting a threat to peace or in securing a peace agreement.

Peace building

Peacebuilding is a process that facilitates the establishment of durable peace and tries to prevent the recurrence of violence by addressing root causes and effects of conflict through reconciliation, institution building, and political as well as economic transformation. This consists of a set of physical, social, and structural initiatives that are often an integral part of post-conflict reconstruction and rehabilitation. Peacebuilding measures also aim to prevent conflict from re-emerging. Through the creation of mechanisms that enhance cooperation and dialogue among different identity groups, these measures can help parties manage their conflict of interests through peaceful means. This might include building institutions that provide procedures and mechanisms for effectively handling and resolving conflict. For example, societies can build fair courts, capacities for labour negotiation, systems of civil society reconciliation, and a stable electoral process. Such designing of new dispute resolution systems is an important part of creating a lasting peace. There is a need to create conducive environment to self-sustaining and durable peace in both stable and conflict regions. The creation of such an environment has three central dimensions: addressing the underlying causes of conflict, repairing damaged relationships and dealing with psychological trauma at the individual level. Each of these dimensions relies on different strategies and techniques; for instance, the Truth and Reconciliation Commission (TRC) of Liberia and Sierra Leone and South Africa.

The Role of CSOs in Conflict Prevention

Citizen-based associations and movements, educational institutions, charities, NGOs and even corporations now show a growing understanding that they should also contribute to common efforts towards avoiding the scourge of conflict or preventing the relapsing into conflict after a peacekeeping operation is deployed. CSOs are close to popular aspirations and they have the knowledge and experience required and they embody direct links with their constituencies and the capability to mobilise resources for conflict prevention. Leaderships with ties to the communities can detect tensions, unrest and sources of imbalances even before governments perceive them.CSOs play key roles in preventing violent conflicts in a number of ways. These include monitoring and early warning and response, intermediation and facilitation, alleviating social tension, strengthening capacities to mediate conflict and manage differences, promoting of the rule of law, inculcating the culture of peace, making government and state more responsive, serving as watchdogs to government, and keeping track of activities which may ignite violence. In addition, CSOs play a role in, crusading against the proliferation of small arms, ensuring that peace processes yield inclusive agreements, contributing towards post-conflict reconstruction, and promoting the involvement of women and youth in peacebuilding, training next generations of conflict resolvers. Also, a broader role of CSOs is the importance they attach economic and social development, as well as security, military, and judicial measures.

39 46

CONCEPTUAL SECTION

These aspects form an integral part of conflict prevention and have contributed to the growing effectiveness of prevention measures. CSOs are involved in these aspects and indirectly contribute to conflict prevention. However, there are many more direct involvements in conflict prevention by CSOs.

CSOs and ECOWAS

CSOs throughout the region have significant experience working on issues relating to human security, education, health, democracy, human rights, gender equality, and conflict transformation, and have the capacity to strengthen ECOWASs conflict prevention and resolution capacities. Receiving input from these CSOs can reinforce ECOWASs processes and decision-making and is a key step to achieving change in the region. In an effort to formalise entry points for interaction between CSOs and ECOWAS, International Alert (IA) and the Centre for Democracy and Development (CDD) organised a two-day consultation in collaboration with ECOWAS held at the ECOWAS Secretariat in Abuja, in June 2003. The consultation brought together over 45 participants from CSOs/social movements, ECOWAS Zonal Officers, government representatives, donors and experts from the region to analyse, discuss and strategise on issues of regional human security. The consultation concluded with the adoption of a communiqu, encouraging ECOWAS and CSOs to institutionalise their relationship and to pursue a coordinated human security agenda. To consolidate the process, the consultation formed an eleven member ad hoc committee of ECOWAS and civil society members, and the concept of the West Africa Civil Society Forum (WACSOF) was developed to focus on areas that promote structural prevention of conflict, for instance, good governance, elections observations and fighting corruption.

Ethnicity and Conflict

Ethnicity rrepresents a social group with a shared history, sense of identity, geography and cultural roots which may occur despite national difference. Ethnicity also means belonging to a group that shares the same characteristics, such as country of origin, language, religion, ancestry and culture. Ethnicity is a matter of biological and historical fact and is not changed by the culture in which a person grows up. Many wars have plagued the African continent and the reason for these wars cannot simply be explained by the existence of numerous, often unfriendly, ethnic groups, tribes or nations. Civil wars in Africa, particularly of the secessionist type, reflect these new states inability to develop an inclusive political system that takes into account the fact that African citizens primary allegiances are not always to states. Often, the state must compete with the ethnic group, tribe or nation for the citizens allegiances because the latters sense of self is intrinsically attached to such factors as kinship ties, race, language, locality, religion, and tradition. Many African states still lack administrative and ideological capacity to govern, which means that they are unable to manage, let alone reconcile, ethnic conflicts. Other factors include the role of formal and informal institutions for conflict regulation, the different sizes of groups relative to the national arena, and the extent to which different identities (ethnic, regional, religious, class, etc) overlap with, or crosscut, each other.

Culture and Conflict

This generally refers to patterns of human activity and the symbolic structures that give such activities significance and importance. Cultures can be "understood as systems of symbols and meanings that even their creators contest, that lack fixed boundaries, that are constantly in flux, and that interact and compete with one another"

47

CONCEPTUAL SECTION 40

Culture can be defined as all the ways of life including arts, beliefs and institutions of a population that are passed down from generation to generation. Culture has been called "the way of life for an entire society." Culture describes what people develop to enable them to adapt to their world, such as language, gestures, tools to enable them to survive and prosper, customs and traditions that define values and organise social interactions, religious beliefs and rituals, and dress, art, and music to make symbolic and aesthetic expressions. It determines the practices and beliefs that become associated with an ethnic group and provides its distinctive identity. Culture is an essential part of conflict and conflict resolution. Though cultures are powerful, they are often unconscious, influencing conflict and attempts to resolve conflict in imperceptible ways. Cultures are more than language, dress, and food customs. Cultural groups may share race, ethnicity, or nationality, but they also arise from cleavages of generation, socioeconomic class, sexual orientation, ability and disability, political and religious affiliation, language, and gender. Two things are essential about cultures: they are always changing, and they relate to the symbolic dimension of life. The symbolic dimension is the place where we are constantly making meaning and enacting our identities. Cultures are embedded in every conflict because conflicts arise in human relationships. Culture is always a factor in conflict, whether it plays a central role or influences it subtly and gently. For any conflict that touches us where it matters, where we make meaning and hold our identities, there is always a cultural component.

Religion and Conflict

The relationship between religion and conflict is a complex one. Religious difference serves as a source of potential conflict. Because individuals are often ignorant of other faiths, there is some potential tension but it does not necessarily mean conflict will result. Religion is not necessarily conflictual but, as with ethnicity or race, religion serves, as a way to distinguish ones self and ones group from the other. In West Africa, religion has been cited as the cause of several conflicts, for example the Sharia conflicts in the North of Nigeria. Though in many cases these conflicts are motivated by factors such as poverty and politics, religion is used as a cover to elicit support for the agenda of the drivers of the conflict. The same potential religion has to cause conflict, can be used to build peace. In most African societies, religious leaders have moral authority have can be brought to bear in conflict situations. Such leaders can serve as mediator, interlocutors and conciliators to mitigate the conflict.

Natural Resource and Conflicts

Substances from the natural environment like water, air, trees, and fuels, which are used to meet the needs and wants of the people living in that environment, are called natural resources. Also, it is anything that is provided by nature, such as deposits of minerals, quality of land, old-growth forests, and fish populations. The availability of particular natural resources is an important determinant of comparative advantage and trade in products that depend on them. Natural resource is natural capital converted to commodity inputs to infrastructural capital processes. They include soil, timber, oil, minerals, and other goods taken more or less from the Earth. A nation's natural resources often determine its wealth in the world economic system, by determining its political influence. However, some see a resource curse whereby easily obtainable natural resources could actually hurt the prospects of a national economy by fostering conflicts. This conflict once instigated and escalated negatively impact the national economy, development and security of live and property. In West Africa, oil in Nigeria, diamond in Sierra Leone, timber in Liberia and gold in Ghana are cases of natural resources fuelling conflict. For instance, rampant timber exploitation did not only destroy the environment but also funded illegal arms deals and fuelled bloody civil wars and regional instability like in Liberia. Extensive

48 41

CONCEPTUAL SECTION

forest destruction throughout the world has had severe social and economic consequences for indigenous peoples, leading to rights violations, communal conflict and harsh repression by governments and timber companies like in Liberia.

Example: Nigeria, Cameroon and Chad Conflicts

It has often been said that the wars of the future will be a reminder of the wars of the past, when not political ideas were the basis for a conflict, but the need to survive. The third Gulf War has been seen by some as a war for oil, yet true resource wars between neighbouring nations over water and oil might not be too far away. Nigeria officially on August 18, 2008 handed Bakassi to Cameroon after over two decades of conflict over the oil rich area. The potentially oil-rich peninsula is highly valuable to each country. On October 10, 2002, the International Court of Justice (ICJ) decided that Cameroun would be awarded the disputed land. Even so, the maritime frontier between the two countries has yet to be demarcated, leaving a large area of disputed ownership that is yet to be fully explored for oil. The conflict over sovereignty to the Bakassi Peninsula between Nigeria and Cameroon is much more than just a dispute over a boundary, but also includes issues of environmental change affecting local fishermen and farmers that creates a need for a porous border due to refining activities going on in the Niger Delta region. This dispute cannot be totally attributed to natural resource; however, there is an indirect link to it as explained above

49

CONCEPTUAL SECTION 42

50

CONCEPTUAL SECTION

TRAINING AND FACILITATION SKILLS

51

TRAINING AND FACILITATION SKILLS 51

TRAINING & FACILITATION SKILLS


OVERVIEW This is an introductory section designed for potential trainers and users of this Resource Pack. It should be read and used with all modules. Applying appropriate training and facilitation skills will ensure proper delivery of the skills in this Pack. New and Experienced trainers should always refer to this section to learn and refresh their skills respectively. Objectives To introduce learners to training and facilitation skills To provide potential trainers with practical tools on facilitating workshops To teach learners how to plan and implement training workshops Vision: WACSI is committed to the development of Civil Society Organisations (CSOs) as strategic partners in the pursuit of democracy, good governance and national development in the subregion. Mission: The Institute seeks to strengthen the institutional and technical capacity of CSOs to engage in policy formulation, implementation, and the promotion of democratic values and principles in West Africa. WACSIs role is to serve as a resource centre engaged in training, research, documentation, and policy dialogue for CSOs in West Africa. The advocacy work of the Institute is conducted through its policy dialogue process, which brings together different stakeholders to deliberate on topical issues that affect West African States. Position papers are published by the Institute after deliberations and disseminated to policy makers. ACKNOWLEDGEMENTS

Brief Profile of Module Developer: West Africa Civil Society Institute (WACSI) WACSI was established by the Open Society Initiative for West Africa (OSIWA) to enhance the capacity of civil society in the region. The Institute was set up in an attempt to bridge the institutional and operational gaps identified in civil society.

This module was developed by the West Africa Civil Society Institute Lead Developer: Thelma Ekiyor

OVERVIEW OF SESSIONS
Contents/Sessions
Understanding Training & Facilitation Designing a Training Plan Training and facilitation methods MOCK Training

Materials Required
Flip chart & marker Flip chart & marker Flip chart and marker Coloured papers in Red, Yellow, Green Flip chart & marker Cumulative Training Time

Methodology
Brainstorming, Mini Lecture Mini lecture, plenary discussion, Exercise Role plays, Mini lecture, plenary discussion Role play, Plenary

Duration
20 minutes 30 minutes 20 minutes 30 minutes 100 minutes

44 52 TRAINING AND FACILITATION SKILLS

OVERVIEW OF SESSIONS
Training and Facilitation skills
Content/Sessions Understanding Training & Facilitation Designing a Training Plan Training and facilitation methods MOCK Training Cumulative Training Time Materials Required Methodology Brainstorming, Mini Lecture Mini lecture, plenary discussion, Exercise Role plays, Mini lecture, plenary discussion Role play, Plenary Duration 20 Minutes 30 Minutes 20 Minutes 30 minutes 100Minutes

Flip chart and markers Flip chart and markers Flip chart and marker Coloured papers in Red, Yellow, Green Chairs, Flip Chart,

53

TRAINING AND FACILITATION SKILLS

SESSION ONE
TRAINING AND FACILITATION SKILLS
To introduce learners to training and facilitation skills To provide potential trainers with practical tools on facilitating workshops To teach learners how to plan and implement training workshops Training Resources: Flip Chart and markers. Duration: 120 minutes Methodology: Mini Lecture, Discussions Facilitation notes: Start session by asking participants What is Training. Write responses on the left side of the Flip Chart. Then ask them What is Facilitation. Write the responses on the right side of the flipchart. Ask them to compare the responses and spot the differences between Training and Facilitation. Use responses to deliver the Mini lecture. Keep it simple!!! There might be new trainers in the room.

Objectives

MINI LECTURE: WHAT IS TRAINING AND FACILITATION


What is Training? It is a learning process that involves the acquisition of knowledge, sharpening of skills, concepts, rules, or changing of attitudes and behaviours. Types of Learning Types of learning can be categorised into three groups: Cognitive learning: This means knowledge learning. It does not only include the knowledge per se, but also what to do with it or how to apply it. Affective learning: This is related to attitudes, values and interests and is the most difficult training of all, mainly because it is difficult to measure. It is also important to remember that the acquisition of knowledge is different from the acquisition of skills. It is generally accepted that people learn skills 65 % by doing 25 % by seeing 10 % by hearing whilst on the other hand knowledge is generally acquired 75 % by seeing 15 % by hearing 10 % by doing (i.e. by experience).

54

45 TRAINING AND FACILITATION SKILLS

What is Facilitation? Facilitation means making something easier. The facilitation of groups involves assisting or guiding people in the process of change so that they achieve their desired goals or outcomes in a non-stressful manner. Facilitation can often make a process more efficient and more effective, saving time, money, and effort as well as producing better results. The effects of a group process that is made easier by facilitation can also impact systems and persons with whom the group members come in contact outside of the group itself (e.g., the community, family, friends, and coworkers). Facilitation is one of the critical components of training because it helps to make the process of learning easier. Facilitation deals with behaviours, skills and techniques that help a group work together effectively and accomplish its purpose. Facilitation skills and techniques are used by persons chosen to be facilitators, but they can and should also be used by any member of a group to enhance the productivity of the group.

SESSION TWO
DESIGNING A TRAINING PLAN

Facilitators Note: Open session with the Grand Bassa exercise. Divide group into 3. Give them the instructions of the Exercise and ask them to prepare a training plan. Give 15 Minutes for the group work. Each Group should present in Plenary. Only take feedback on the presentations after all the groups have presented. Ask the plenary to select which plan was the most comprehensive. Deliver the Mini lecture on Training Plan and take participants through the processes of designing a plan.

Exercise You have been asked to go and train people in Grand Bassa county in Liberia on Conflict Prevention. You need to develop a plan for this training. What do you think should go into the plan?

MINI LECTURE: DESIGNING A TRAINING PLAN All training workshops should be the products of a well thought through and comprehensive Training Plan. Training plans are detailed about how the Training Strategy will be executed, and will include key tasks and activities, training resources, dates, and responsibilities. Objectives of a Training Plan The purpose of a Training Plan is to provide a clear description of the methodology for delivering a Training Project. 46 55 TRAINING AND FACILITATION SKILLS

Key inputs in a plan A comprehensive training plan should be preceded by an assessment of the Needs of the target audience and a clear idea of what the training should focus on. Core considerations for creating training plans

What is the training plan trying to achieve? What does the training plan seek to address? Who will be affected by the plan? Who are the target groups for the training programme? What else will affect these target groups during training roll-out? What should be in a training plan?

Scope: A description of the scope of the Training (What topics will the plan cover? Time: A schedule should be developed. (The schedule should contain the tasks, duration of session, start dates, and end dates). Facilities A description of the physical and technical infrastructure components required to support the completion of the training; e.g. training locations, equipment; and refreshments. Training design and methods- In this section, outline when the training will be designed, what training methods would be used. Trainers and Resource person: Are trainers available to deliver the skills? Are additional resource persons needed? Delivery Approach (e.g. class room based training, Training of Trainers, cascade briefings, etc) Flexibility in planning Plans must be flexible to context. Do not have a one size fits plan

Siesta Prayer Professional and personal responsibilities Participants needs and requests As a trainer, your plan should guide the process. Participants own the process. Always check with them.

56

TRAINING AND FACILITATION SKILLS 47

Type of training TOT Instructive training Awareness Raising

Objectives Objectives

Target groups

Methodology

Tools/materials *Flip chart, *overhead projector *Black board *Pre planned sessions *MUST Sessions *NEGOTIABLE *sessions *Handouts *Balls *Strings *Maps *Translation or interpretation

Resource Persons Resource Person *Know the context?

Venue

Duration

Training assessment Short term evaluation or questionnaire

*Group size Role plays *Language Mini lectures *Levels of skills *Gender

Sitting Plans Number of days. Toilets Length of Electricity sessions. Distraction Lunch Entertainment

SESSION THREE
TRAINING METHODS

Facilitators notes

Begin Session by Asking for a volunteer: Ask one Volunteer to CONDUCT A BRAINSTORMING ON WHAT IS HAPPINNESS. Allow 5mins for this exercise Ask the Group if the Volunteers techniques gave them a better understanding of WHAT HAPPINESS IS. Take participants through each training method and ask them when each method can be used during training workshops

Training methods:

Training methods are different tools available to the Trainer in delivering the skills of the training. There are many tools a trainer can apply, however trainers should select tools based on what they want the learners to learn. The tools outlined below can be used in different scenarios.

MINI LECTURE: TRAINING METHODS

1. Brainstorming

Brainstorming is a method of generating ideas and sharing knowledge. It is also is a group activity where each participant shares their ideas as soon as they come to mind. At the conclusion of the session, ideas are categorised and ranked for follow-on action.

57

TRAINING AND FACILITATION SKILLS 48

When to use brainstorming


When the topic is difficult and needs to be made basic for participants; Where there might be different perspectives on a topic; When you want to set an interactive tone for the training;

2. Mini-lectures

Mini-lectures are information pieces that can be used to deliver concepts, theories or to lay the foundation for a topic. In training lectures should be brief. Hence the term mini. Mini Lectures can also take the form of Presentations. Presentations The way you deliver a presentation is as, if not more, important than what you say. You therefore first need to think about the mode of delivery you are going to use. For example do you need visual aids to help make the content of the training more understandable? Think about how you sound when delivering your presentation. If you speak too quickly, the audience will not be able to keep up with you, but if you are too slow, you are likely to bore them. Are you using interpretation during the training? If yes, speak slow enough to allow for interpretation but not too slow to make the training dreary. The appropriate volume at which you speak will vary depending on the size of the room you are speaking in and its acoustics it is always worth asking the audience whether they can actually hear you. If you cannot make yourself heard without shouting, you should ask for a microphone, otherwise your voice will sound strained. In order to keep the participants attention, it is also important you do not speak in a monotonous voice but keep your voice animated. A checklist for a good oral presentation: You can record your own views or ask a colleague to help you:

3. Training methods: Role plays

All participants should be able to hear the presenter? Try to maintain eye contact Ensure that all participants can see flip charts or other audio visuals? Give handouts ahead of time if you want participants to follow the presentation Sound knowledgeable about the subject matter Organise all materials that will be used prior to presentations? Do not make presentation long winded. Make opportunities for participants to ask questions Design strategies for keeping the audience engaged. e.g. humour, examples, Questions and Answers Was the interest of the audience engaged throughout?

This is a learning method that depends on Learners assuming pre designed roles. Learners take on the role profiles of specific characters or organisations in a contrived setting. Role play is designed primarily to build first-person experience in a safe and supportive environment.

When to use role plays

When the trainer wants participants to practice a specific skill; When the trainer wants the participants to have first-hand experience of a topic; When the trainer wants to assess the techniques of the participants.

49 58

TRAINING AND FACILITATION SKILLS

4. Training methods: Buzz groups or group work

A buzz group is a small group, consisting of three to six people who are given an assignment to complete in a short period. Each buzz group records its output then reports to the larger group. When to use buzz groups

Plenary sessions provide an opportunity for groups to report back to others. This is an important aspect of group work it allows for a review of the activity, identification of different viewpoints, and an opportunity for others to share ideas. However, as always, some problems can arise. The reporting back may throw up responses and attitudes which may be contrary to what the trainer intended. If so be careful of arriving at conclusions which you have arrived at in advance if the temptation is to correct or otherwise reinterpret group feedback, trainees may feel that their contribution is not valued and may feel frustrated by the exercise. Another difficulty can be ensuring that the reporting back accurately reflects the group's views, rather than the views of the spokesperson of the group. The use of a flipchart and a pen during the group deliberations and displaying the flipchart at the plenary session can help avoiding this danger. There are three important steps in ensuring that the report back session is constructive: Brief groups in advance that there will be a plenary reporting back session, and that each group should appoint a rapporteur whose job it will be to report on the group's conclusions. Help each group to record accurately the group's views and conclusions, preferably by means of a flipchart. The person who puts the information/points on the flipchart should be a different member of the group from the rapporteur. Once reporting back has taken place, ensure that the trainer leading the plenary is able to stimulate discussion and critical reflection on the coherence of the views and the quality of the evidence adduced in support.

Build an agenda; Evaluate an activity, workshop or process; Serve as an icebreaker; Warm up a group to a new topic; Solve problems; Address a topic from a new perspective; Share ideas; Gather questions; Generate ideas; Create a safer learning environment than in a larger group.

5. Icebreakers

Icebreakers are tools that enable the trainer:

To foster interaction; Stimulate creative thinking; Challenge basic assumptions; Re energies the group;

Ice breakers can be infused into the training plan.

59

50 TRAINING AND FACILITATION SKILLS

When to use Icebreakers

To To To To To

energise the group ease tension introduce intervals between sessions enable trainers plan provide opportunities for participants to own the process

SESSION FOUR
EXERCISE: MOCK TRAINING
Facilitators notes
This session is to test learners understanding of Training, Facilitation and organising training initiatives. 1. Ask for 2 volunteers to serve as trainers. Ask the 2 MOCK Trainers to leave the room (they should not be within hearing distance). 2. The rest of the participants should serve as MOCK Participants in the exercise. Give each group 10mins to prepare for the MOCK

Instructions for MOCK Participants

You are participants at a training workshop in Guinea Bissau on Peacebuilding. This is a new area for you so your ability to understand depends on the training. During the training some of you start sleeping because of the heavy food served during lunch time. The others are bored because one of trainers tones is not engaging. *Be willing to learn but only base the learning gained on the trainers skills.

Instructions for MOCK Trainers

Organise a training workshop for 20 men and women in Guinea Bissau. The topic of the training is Importance of peacebuilding. Most of the participants are not familiar with peacebuilding. Shortly after the training begins, some of the participants start sleeping and the others do not understand the topic. This is a co-facilitated Training (the tasks should be shared between the two facilitators). Choose the appropriate training methods that will assist in making the workshop a success.

51 60

TRAINING AND FACILITATION SKILLS

SUGGESTED TRAINING AGENDAS

61

SUGGESTED TRAINING AGENDAS 61

5.1 Sample of a three-day training agenda


The following agenda is an example of how to structure a three-day refresher course for civil society actors experienced in the topics covered in the resource pack. *This agenda is a guide only. Trainers should design agendas to suit specific contexts and target groups. Time 08:30-09:00 09:00-10:30 10:30-11:00 11:00-11:30 13:00-14:00 14:00-15:00 15:00-15:30 15:30- 16:30 16:30- 17:00 17:00 Day 1 Introduction to the Course Module: Elections and Election Observation Tea Break Module 2: Democratic Governance Lunch Module 3: Security Sector Reform (SSR) Tea Break Module 4: Children and Armed Conflict in West Africa Daily Evaluation Close Day 2 Review Module 5: Youth and Development in Africa Tea Break Module 6 : Women, Peace and Human Security in West Africa Lunch Module 7 :Community Participation Tea Break Module 8: Small Arms and Light Weapons (SALW) Daily Evaluation Close Day 3 Review Module 9: Early Warning and Early Response in West Africa Tea Break Module10: Post Conflict Reconstruction Lunch Module 11: Media and Armed Conflict Tea Break Module 12&13: Human Rights & Alternative Dispute Resolution (ADR) Course Evaluation Close

*For new trainees it is important to commence the training with the Module on Training and Facilitation skills.

5.2 Sample of a four-day training agenda


The following agenda is an example of how to structure a four-day workshop for civilian actors who have some experience in the topics highlighted in the resource park. *This agenda is a guide only. Trainers should design agendas to suit specific contexts and target groups. Time 08:30-09:00 09:00-10:30 10:30-11:00 11:00-11:30 13:00-14:00 Day 1 Introduction to the Course Module: Elections and Election Observation Tea Break Day 2 Review Module 4: Children and Armed Conflict in West Africa: Tea Break Module 5 : Youth and Development in Africa Lunch Day 3 Review Module 7: Community Participation Tea Break Module 8: Small Arms and Light Weapons (SALW) Lunch Day 4 Review Module 11: Media and Armed Conflict Tea Break

Module 2: Democratic Governance Lunch

Module 11 contd. Lunch

62

SUGGESTED TRAINING AGENDAS

14:00-15:00 15:00-15:30 15:3016:30 16:3017:00 17:00

Module 2 contd. Tea Break Module 3: Security Sector Reform (SSR) Daily Evaluation Close

Module 6: Women, Peace and Human Security in West Africa Tea Break Module 6 contd. Daily Evaluation Close

Module 9 : Early Warning and Early Response in West Africa Tea Break Module 10: Post Conflict Reconstruction Daily Evaluation Close

Module 12: Human Rights Tea Break Module 13 : Alternative Dispute Resolution (ADR) Course Evaluation Close

*For new trainees it is important to commence the training with the Module on Training and Facilitation skills.

5.3 Sample of a five-day training agenda


The following agenda is an example of how to structure a five-day workshop for civilian actors with all the modules covered. *This agenda is a guide only. Trainers should design agendas to suit specific contexts and target groups. Time 08:30-9:00 Day 1 Introduction to the Course Module 1: Elections and Election Observation Tea Break Module 1 contd. Lunch Module 2: Democratic Governance Tea Break Module 2 contd. Daily Evaluation Close Day 2 Review Module 3:Security Sector Reform (SSR) Tea Break Module 3 contd. Lunch Day 3 Review Module 6:Women, Peace and Human Security in West Africa Tea Break Module7: Community Participation Lunch Module 8:Small Arms and Light Weapons (SALW) Tea Break Module 8 contd. Day 4 Review Module 9: Early Warning and Early Response in West Africa Tea Break Module10: Post Conflict Reconstruction Lunch Module10 contd. Tea Break Module11: Media and Armed Conflict Daily Evaluation Close Day 5 Review Module 12: Human Rights Tea Break Module 12 contd. Lunch

09:00-10:30 10:30-11:00 11:00-13:00 13:00-14:00 14:00-15:00 15:00-15:30 15:30- 16:30

Module 4:Children and Armed Conflict in West Africa Module 5:Youth and Development in Africa Daily Evaluation Close Tea Break

Module 13: Alternative Dispute Resolution (ADR) Tea Break

Module 13 contd. Course Evaluation Close

16:30- 17:00 17:00

Daily Evaluation Close

*For new trainees it is important to commence the training with the Module on Training and Facilitation skills.

63

SUGGESTED TRAINING AGENDAS

64

SUGGESTED TRAINING AGENDAS

Module
ELECTIONS AND ELECTION OBSERVATION

65

MODULE 1 65

ELECTIONS AND ELECTION OBSERVATION


Overview
Elections are expressions of the sovereign will of a people to freely select their leaders and or the legal framework for their governance. It is this unimpeded expression of will that legitimises governments and provides them with the authority to run the affairs of states. The right of citizens to vote and to be voted for at periodic and freelyconducted elections is key to the maintenance of peace and stability since they help in moderating the competition for political power within a country. The legitimacy provided through genuine democratic elections reduces the tendency for the use of non-democratic and violent means to attain power. Brief Profile of Module Developer: West African Civil Society Forum (WACSOF) The West African Civil Society Forum (WACSOF) is an institutionalised platform of Civil Society Organisations (CSOs) and networks in West Africa working to advance human rights, peace and security, democracy and good governance, education, trade and commerce, health, and gender equality. This platform facilitates dialogue and engagement with both national authorities in West Africa and the sub-regional organisation, the Economic Community of West African States (ECOWAS)

Objectives

The objectives of this module are to develop participants capacity in election observation by: with a conceptual Providing participants observation; framework of election on key Raising awareness of participants election concepts related to elections and

This module was developed by the West African Civil Society Forum (WACSOF) Contributors: Prof Oumar Ndongo, Suzanne Traore, Kenneth Abotsi and Wilberforce Okoli

ACKNOWLEDGEMENTS

observation; Analysing the role and importance of election observation and conflict prevention; Highlighting case studies on the use of election observation as a conflict prevention mechanism in West Africa; Providing participants with practical skills on how to observe elections effectively.

66 MODULE 1

MODULE 1 55

INTRODUCTION
Elections are an expression of the sovereignty of a country and the unhindered expression of the will of its people. It is this unimpeded expression of will that legitimises a government and provides it with the authority to run the affairs of state. The right of citizens to vote and to be voted for at periodic, genuine elections is key to the maintenance of peace and stability as elections when properly administered, provide an avenue for resolving political competition for power. The legitimacy provided through genuine democratic elections reduces the tendency for the use of non-democratic means and violence to attain power. In recent years, however, the conduct of elections in West Africa has become the source of conflict. Electoral processes have been severely abused to keep incumbents in power at all costs. The struggle for power has degenerated into violent pre-election and post-election conflicts. In the process, the peoples will, expressed through the casting of ballots, has ceased to be relevant. Consequently, citizens have increasingly become wary and disinterested in this exercise of democracy. The result is voter apathy. One of the means of deterring the abuse of electoral processes is election observation. Not only does election observation express the interest of the international community in the attainment of genuine democratic elections but it also ensures protection of, and respect for, human rights and the rule of law. It similarly assesses election processes in accordance with international principles for genuine democratic elections and domestic law, while recognising that it is the people of a country who ultimately determine the credibility and legitimacy of an election process. This module demonstrates how election observation can serve to protect the sanctity of the ballots of the electorate while reducing the tendency for the outcome of an election to result in violent conflict.

67 MODULE 1

MODULE 1 56

OVERVIEW OF SESSIONS
Election Observation
Contents/Sessions
Conceptual framework for elections and election observation - Conceptualising elections and election observation What is an election? What are the functions of an election? What is election observation? What are the types of election observation? What is the difference between election observation and election monitoring? When is election observation required? Mandate for election observation in West Africa Election observation as a conflict prevention mechanism Principles and Guidelines for election observation How and what to observe during an election observation mission Reporting observations and election language Election Observation in West Africa A Case study of ECOWAS and WACSOF Flip chart, markers, handouts Flip chart, markers, handouts Flip chart, markers, handouts Flip chart and markers Flip chart, markers and handouts Flip chart, markers and handouts Group work, plenary Group work, mini lecture and plenary Mini lecture Group work, plenary Mini lecture, plenary Case Studies, plenary 10 Minutes 20 Minutes 15 Minutes 20 Minutes 20Minutes 20 Minutes 120 minutes Flip chart & marker Mini lecture & plenary 15 minutes

Materials Required

Methodology

Duration

Cumulative Training Time

MODULE 1 68

57 MODULE 1

SESSIONS
SESSION ONE WHAT IS ELECTION OBSERVATION?

Objective

To assist participants to understand the concept of elections and their importance Training Resources: Flip Chart and markers. Duration: 15 minutes Methodology: Mini Lecture, Discussions Facilitators Note: Ask participants the following questions: What is an election? What are the functions of an election? What is election observation? What are the types of election observation? What is the difference between election observation and election monitoring? When is international election observation required? Write responses on a flip chart Use responses to create discussion Proceed to mini lecture

MINI LECTURE: DEFINING ELECTIONS

What is an election?
Brainstorming:
1. Begin session with an open question What is an Election? 2. Write responses on a flip chart; 3. Participants responses should be used in delivering mini lecture. An election is the process by which a population in a modern democracy chooses individuals to hold public office. Elections are typically held to choose individuals to serve in the executive and legislative branches of government and sometimes the judiciary and regional and local governments. Elections also refer to a process by which people (variously referred to as voters, the electorate or the governed) periodically choose their national and/or local leaders to manage public affairs on their behalf.

What are the functions of elections?


They provide a routine mechanism for recruiting and selecting individuals to serve as members of representative institutions; They provide periodic opportunities to review the governments record, assess its mandate, renew the mandate through re-election or replace the government with an alternative; They accord the elected government domestic and international legitimacy as well as moral authority to rule; They provide a means of political socialisation by sensitising the citizenry on political and civic issues, as well as the rights and responsibilities of the electorate; They also serve as agents of political integration and provide a unifying focus for the country.

69

MODULE 1

58 MODULE 1

Group Discussion: 1. How are elections observed? 2. Divide group into 3; 3. Ask volunteers in each group to discuss the different ways of observing an election; 4. Use response to deliver mini lecture

MINI LECTURE: ELECTION OBSERVATION What is Election Observation?


This is the purposeful gathering of information regarding an electoral process, and the making of informed judgements on the conduct of such a process on the basis of the information collected.

Types of Election Observation

Election observations are classified in terms of their duration and the nature of the membership or composition of the observation team.

Duration

There are two types of election observations defined by the length of the exercise. They are: Long term Short term

Long-term Observation

This involves assessing the entire election process and spans the pre-election, election day and post-election phases. Ideally, therefore, long-term observation covers the following: the setting up of electoral management bodies; boundary delimitation; voter registration; voter education; political party registration; candidate nomination; campaigning; media coverage/reportage; voting; vote-counting; installation of the elected bodies; election dispute resolution.

Long-term election observation allows observation groups to effectively familiarise themselves with the electoral system being adopted for the elections, and the political and legal environment in which the elections will take place. As a result, long-term observers are likely to provide well-informed opinions on the outcome of an electoral process, and to make more comprehensive recommendations on relevant aspects of the process that need review.

Short-term Observation

This involves assessing only some phases or aspects of the electoral process including voting day and the vote-counting process. In essence, the duration does not exceed a week and usually starts during the final campaign period or a few days before the polling. It often ends after the release of the post-election statement. 70 MODULE 1 MODULE 1 59

The decision on which method to choose usually depends on three factors including: The objectives of the election observation mission; The human and non-human resources available; The political environment and legal context.

Membership

In terms of membership, there are three types: International Domestic Mixed

International

This involves mostly external, multilateral or international intergovernmental organisations either invited by the country holding the elections or accredited by the appropriate body to observe the elections.

Domestic

This involves mostly national organisations with a stake in the elections or interested in ensuring a credible outcome from the electoral process. Domestic observation missions may therefore include: Partisan groups (e.g. political parties); and Non-partisan groups (e.g. trade unions, FBOs and local NGOs).

Mixed

This involves deliberately combining a number of international and domestic observers into a sample observation team. It may entail members of international non-governmental organisations working with members of their local chapter to assess an election.

Brainstorming Exercise

1. What are the functions of an election? 2. What is the difference between election monitoring and election observation?

Difference between election observation and monitoring

There is an ongoing debate over the use of observation and monitoring interchangeably. However, these terminologies do not carry the same meaning when it comes to elections. Election Observation and monitoring are two essential parts of an electoral process which may produce similar benefits to an electoral process. These benefits include: Helping to increase transparency; Detecting problems; Deterring fraud; Reassuring parties, candidates and the public about the credibility of the elections; Building trust in the accuracy of the results; Ensuring compliance with the legal framework for the elections; Enforcement of the electoral laws; Increasing accountability of administrators and contesting parties.

Similarities between Election Observation and Monitoring

Both activities involve watching the electoral process, assessing the information and making an informed judgment on the accuracy and quality of the process. However, each has different roles and involves different responsibilities. A key difference is that while monitors can intervene in the electoral process, observers cannot.

71 O D U L E 1 M

MODULE60 1

When is international election observation required?

The vast majority of elections in which the involvement of large-scale observer missions is sought arise from one or a combination of special circumstances such as: Elections held in an attempt to resolve a conflict; Elections held as a first step towards establishing legitimate representative government, including the election of a constituent assembly in post-war situations; Elections held for the first time after independence; Transitional elections when the political system is still in a state of flux; Stabilising elections where the political system is at a relatively early stage of development.

SESSION TWO
MANDATE FOR ELECTION OBSERVATION IN WEST AFRICA

Objective

To raise trainees awareness on the global and regional instruments which provide the basis for elections and election observation in West Africa Training Resources: Flip chart, markers and handouts Duration: 10 minutes Methodology: Mini lecture Facilitators Note 1. Ask participants to name regional frameworks on conflict prevention; 2. Use the mini lecture to discuss the role of these mandates in influencing election observation

MINI LECTURE: MANDATE FOR ELECTION OBSERVATION IN WEST AFRICA The mandate for election observation in West Africa is basically derived from the ECOWAS Supplementary Protocol on Democracy and Good Governance (2001). What the Protocol seeks to achieve through election observation is in conformity with other global, regional and sub-regional instruments on democracy and human rights, including: The Universal Declaration of Human Rights ( December 1948); The International Covenant on Civil and Political Rights ( December 1966); The Harare Declaration adopted by the Commonwealth (December 1991); African Charter on Human and Peoples Rights ( June 1981); The Constitutive Act of the African Union (July 2000); ECOWAS Supplementary Protocol on Democracy and Good Governance (December 2001); The Bamako Declaration adopted by the Francophone (November 2000). 72 MODULE 1 MODULE 1 61

United Nations Universal Declaration of Human Rights 1948


The Universal Declaration of Human Rights, which is accepted by all member states of the United Nations, established the universal right to genuine elections. Article 21 of the Universal Declaration states that, everyone has the right to take part in the government of his country, directly or through freely chosen representatives. The same article also establishes that free elections are the only basis of a governments authority: The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures. In addition to Article 21, which relates specifically to elections, the Universal Declaration contains a number of other rights relevant to electoral processes, including the freedoms of expression, association, and assembly.

United Nations International Covenant on Civil and Political Rights 1966


This covenant, which was passed in 1966, but entered into force in 1976, reinforces the UN Universal Declaration of Human Rights. It states that every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.

Harare Declaration of the Commonwealth of States 1991


The Commonwealth was created to provide a forum for former British colonies to maintain a relationship with Great Britain. Although these countries no longer pledge allegiance to the crown, the Queen of England nevertheless holds the title of Head of the Commonwealth. The Commonwealth Association does not operate on the basis of a written constitution but on the basis of a series of agreements setting out its beliefs and objectives. These Declarations are issued at various Commonwealth Heads of Government Meetings. The fundamental statement of core beliefs or code of ethics for Commonwealth members is the Declaration of Commonwealth Principles which was issued at the 1971 Commonwealth Summit in Singapore. In the declaration, Commonwealth members expressed their commitment to the liberty of the individual, equal rights for all citizens regardless of race, and to citizens inalienable right to participate by means of free and democratic political processes in framing the society in which they live. This was followed by the 1991 Harare Declaration which reaffirmed the values they had set forth in 1971. In this declaration, Commonwealth members pledged to work together to promote fundamental political values and to focus their work on the democratic process, the rule of law, independence of the judiciary, and honest government. The 1995 Millbrook Commonwealth Action Programme further clarified the Harare Declaration, advancing fundamental political values, with specified measures in support of processes and institutions for the promotion of democracy and democratic processes, as well as specified measures in response to the violation of the Harare Principles and a mechanism for the implementation of such measures. The Commonwealth Ministerial Action Group (CMAG) was established in 1995 to deal with serious or persistent violations of the Harare Declaration. CMAG was charged with assessing the nature of perceived MODELS 1 73 62 MODULE 1

violations and with recommending measures for collective action by the Commonwealth to achieve the speedy restoration of democracy and constitutional rule. The Secretary General was given the power to initiate a process of inquiry into a possible violation by any given country.

African Charter on Human and Peoples Rights 1981


This was passed in June 1981 in Banjul, the Gambia, and entered into force in October 1986. Articles 13 and 20 affirm the freedom of assembly and association and the right to participate freely in the governments of ones country, either directly or through chosen representatives in accordance with the provisions of the law.

The Constitutive Act of the African Union 2000


The Constitutive Act of the African Union (AU) was adopted in Lom in July 2000. This act includes as objective of the AU the promotion of democratic principles and institutions, popular participation and good governance. The founding principles of the AU include condemnation and rejection of unconstitutional changes of government. Article 30 of the Act states that governments which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union. The Lom Declaration embodies a series of mechanisms to deal with the interruption of democratic rule such as sanctions to be invoked in the event of an interruption of constitutional rule including suspension from the AU. These sanctions include denial of visas to coup plotters, commercial restrictions, and restrictions on government contracts. The AU agreements provide for six months of consultation to enable a national government to restore constitutional rule before any sanctions would be applied.

ECOWAS Supplementary Protocol on Democracy and Good Governance 2001


This was signed at the 25th Conference of Heads of State and Government held in Dakar in 2001, supplementary to the Protocol establishing the 1999 Mechanism for Conflict Prevention, Management and Resolution, Peacekeeping and Security. The Supplementary Protocol is considered as a tool which takes into account the deep-seated political causes of conflict, instability and insecurity whereas the Mechanism deals more specifically with addressing conflicts and other types of causes. It comprises 50 articles organised in 3 Chapters dealing with the principles and modalities of its implementation, sanctions, general and final provisions. The principles are set out according to the following eight thematic concerns: Constitutional Convergence Principles; Elections; Election Monitoring and ECOWAS Assistance; The Role of Armed Forces, the Police and the Security Forces in Democracy; Poverty Alleviation and Promotion of Social Dialogue; Education, Culture and Religion; Rule of Law, Human Rights and Good Governance; Women, Children and the Youth. The Constitutional Convergence Principles are key to the Protocol as they set out the legal foundation for the convergence of the various member states of ECOWAS. According to these principles: There should be separation of powers between the Executive, Legislative, and Judiciary. It also empowers and strengthens parliament and guarantees parliamentary immunity and independence of the Judiciary. Every accession to power must be made through free, fair and transparent elections. There should be zero tolerance for power obtained or maintained by unconstitutional means. 74 MODULE 1 MODULE 1 63

The armed forces must be apolitical and must be under the command of a legally constituted political authority. No serving member of the armed forces may seek to run for elective political office. There should be secularism and neutrality of the State in all matters relating to religion; freedom for each individual to practice, within the limits of existing laws, the religion of his/her choice everywhere on the national territory Political parties shall be formed and shall have the right to carry out their activities freely, within the limits of the law. The freedom of association and the right to meet and organise peaceful demonstrations shall be guaranteed. The freedom of the press shall be guaranteed. All former Heads of State shall enjoy a special status including freedom of movement. The Protocol endorses the respect for freedom, civil and political rights. Political parties shall be recognised and participate freely without discrimination in all electoral processes. The right of opposition parties shall be guaranteed A substantial electoral law cannot be changed without the consent of a large majority of political actors, within the six months preceding the election. The Protocol gives ECOWAS the role of contributing to the organisation and smooth running of free, honest and transparent elections while it enjoins CSOs to train and educate citizens towards peaceful elections.

The Bamako Declaration of the International Organisation of the Francophone (OIF) 2000
The Organisation was created in 1996 after the adoption of the charter of the Francophone, with the purpose of preventing conflicts within the French-speaking world, consolidating the rule of law and democracy and promoting human rights in the French-speaking world. In November 2000, the organisation adopted the Bamako Declaration by which member states reaffirmed their commitment to the Universal Declaration of Human Rights and other regional instruments.They also commited themselves to the rule of law, the separation of powers, the free exercise of human rights and fundamental freedoms, as well as the equality of citizens, men and women, before the law. Most importantly, the Bamako Declaration committed the Francophonie to the conduct of regular, free, reliable and transparent elections. It provides that such election would be based on the respect for the unhindered, exercise of the right to freedom and physical integrity of all voters and candidates without discrimination, the right to freedom of opinion and expression, notably through the press and other means of communication, freedom of assembly and demonstration, and freedom of association.

MODULE 1 75

64 MODULE 1

SESSION THREE
ELECTION OBSERVATION AS CONFLICT PREVENTION MECHANISM

Objective

To assist trainees in analysing the process of election observation as a conflict prevention mechanism Training Resources: Flip chart, markers and handouts Duration: 20 minutes Methodology: Group work, plenary and mini-lecture Facilitators Note 1. Divide group into 3; 2. Ask each group to use initial knowledge on elections and elections observations to state how elections observation can be used in conflict prevention; 3. Write responses on a flip chart; 4. Use responses to start mini lecture. MINI LECTURE: ELECTION OBSERVATION AS CONFLICT PREVENTION MECHANISM The Paradox of Elections for Conflict Management Elections are essential steps in the process of establishing order especially after a civil war, despite the evidence that violent conflict could be ignited in the heat of contests for power. For elections to be fair and legitimate, the entire process must be carefully considered and managed. This includes the setting up of the electoral management body, the evaluation of statutes, voter registration, candidate nomination, laws on press freedoms, the design and distribution of ballot papers, the management of security, election day itself, and the certification of results. The declaration of the relative freeness and fairness of an election is closely linked with its observation by both domestic observers (such as official monitors, civil society or the press) and increasingly by international observers. While free and fair elections are not in themselves sufficient for conflict management, they are necessary as a critical contribution of democracy to resolving social differences by democratic means. It is important to reiterate the basic functions of electoral processes and their intrinsic role in democracy, for it is often easy to focus on the faults in the processes rather than the public benefits they serve. Among the key functions of elections in helping manage social conflicts are the following:

Generating legitimacy

The key feature of a legitimate process is that it is free and fair in both political and administrative terms. That is, it is inclusive of all elements of society through a well-considered law of citizenship and of voter registration, and it offers meaningful choices to the population. Without vigorous opposition and debate, and without an accountable electoral administration, it is impossible to have free and fair elections that are ultimately perceived as a legitimate way to choose who will wield state power to govern society. Legitimate governments are more likely to mange conflicts positively than illegitimate ones.

Choosing representatives

Good electoral processes must be appropriate for the needs of a given society. Electoral system design is critically important in that electoral processes are not just about choosing representatives but also what is meant by representation. That is, a good electoral process will allow society to determine how its diverse interests will be reflected in representation. Ethnicity or religion may be a salient basis for representation, whereas in other situations issues such as the alleviation of poverty, gender equality, geographic 76O D U L E 1 M MODULE 1 65

representation or economic interests may be more important. Representation is generated in the election campaign. Candidates put forward their views of who in the electorate they represent and why, and voters are able to choose among them. Quality representation is key to constructive bargaining among a societys diverse interests and communities.

Agenda setting

Electoral processes help establish what issues are laid before the community. By articulating different plans, policies and programmes, electoral processes help to define which issues the community must decide collectively, the challenges it faces, and the alternative options to respond to those challenges. Campaigns set agendas when candidates articulate what is important. They choose their message among many possible issues that could be stressed because they think that emphasising these issues and placing them on the public agenda will generate the maximum number of votes for their cause. Clearly articulating the issues before the community allows the most urgent social problems to be tackled first.

Voice and awareness-raising

Ideally, electoral processes give voice to the citizens in that they provide an opportunity for each individual in the political community to (on polling day) speak as political equals as they cast their vote. It is intended that each vote, and each persons voice or view, is heard equally on that day. At the same time, it is the candidates who present the policy issues.

Importance of Election Observation in West Africa

West Africa, and indeed Africa, has a history with election-related violence. Although election observation is mainly regarded a democracy-promoting activity, it has an intrinsic value of mitigating the onset of conflict if conducted professionally and with a sense of responsibility. The presence of election observers: Prevents and deters fraud; Stimulates an open and transparent atmosphere which could augment public confidence in the electoral process and its outcomes; Strengthens respect for human rights; Inhibits intimidation of electorate during an electoral process; Encourages citizen involvement; Impedes distortion and exploitation of the electoral process and its outcomes; Provides an unbiased source of verification of electoral outcomes; Validates or invalidates an electoral process where appropriate. In addition, the Statements and/or Reports of Election Observation Missions sometimes make recommendations which, if implemented, can lead to more credible and improved future electoral processes. Similarly, a post-election statement or report could influence the positions of political stakeholders, especially contestants, regarding the legitimacy of the process. Normally, a positive critique could boost acceptance of electoral outcomes while a negative one could lead to rejection if the process is judged illegitimate. It must be noted, however, that a good statement of an observation mission, be it positive or negative, must encourage aggrieved parties to use legitimate means to seek redress. The caution for observers is also not to overly concentrate and base their judgement of an electoral process on the election results but on the process.

Election observation must be:

Process oriented; Contextual and not over-emphasise the importance of election day observation; Concerned with results only to the extent that they are handled Honestly, Accurately, Transparently and in a Timely manner. Remember: PC-HATT
Source: NDI Handbook on Domestic Observation

77 MODULE 1

MODULE 1 66

SESSION FOUR
GUIDELINES FOR ETHICAL AND PROFESSIONAL ELECTION OBSERVATION
To help participants understand the guidelines for election missions and introduce trainees to International and Regional Guidelines for Election Observation; and To raise awareness of the ECOWAS Code of Conduct for Election Observation. Training Resources: Flip chart, markers and handouts Duration: 15 minutes Methodology: Plenary and mini-lecture. Facilitators Note 1. Ask participants what ethical principles can be used to guide behaviour of observers; 2.Write responses on a flip chart; 3Use responses to start mini lecture;

Objective

MINI LECTURE: GUIDELINES FOR ELECTION OBSERVATION


The Five Commandments of Election Observation Principle I Election Observers must recognise and respect the sovereignty of the host country. Principle II Election observers must be non-partisan and neutral. Principle III Election Observers must be comprehensive in their review of the election, considering all relevant circumstances. Principle IV Election observation must be transparent. Principle V Election observation must be accurate. Remember: SO-N-CO-TA

Principle I: Recognising and respecting the sovereignty of the host country

Usually election will occur in a sovereign state with a recognised system of domestic authority. Observers are guests in the country, and any rights conferred on them are a privilege granted by the host country. As guests, observers must reflect a proper respect for the sovereignty of the host country, which should be understood as being distinct from a particular government of that country.

MODULE 1 78

67 MODULE 1

Organisations sponsoring observation activities, and individual observers should: i. Respect the domestic laws of the host country; ii. Show respect for the people and the culture of the host country; iii. Do nothing that interferes in the internal jurisdiction or affairs of the host country; iv. Inform the election management body of the objectives of the observation process; v. Respect the role, status, and authority of the election officials, and show a respectful; and courteous attitude to election officials and voters; vi. Obtain proper accreditation, and supply any required information for that purpose; vii. Maintain close liaison with the election management body; viii. Give the election management body copies of any written information or statements produced by the observer; ix. Be especially careful when making any public statement that could reflect on the election management body; x. Avoid interfering in the normal course of the electoral process, or impeding that process in any way; xi. Avoid giving unauthorised information or guidance to persons involved in the electoral process, and avoid providing interpretations of applicable laws; xii. Avoid announcing election results without the authority of the election management body; xiii. Report to the relevant authority any criminal activity concerning the election, and any violation of electoral laws.

Principle II: Non-partisanship and neutrality

A fundamental role of observers is to support the democratic process, by conferring or denying legitimacy, as the circumstances require, on a particular electoral process. The capacity of observers to perform this function will be irretrievably compromised if they are perceived as having a commitment to any particular electoral outcome. Observers must therefore undertake all their tasks in a manner that is strictly non-partisan and neutral. Election observers should: i. Act in a strictly neutral and unbiased manner in relations to national authorities (including the election management body, parties, candidates, the voters, and the press and media); ii. Avoid doing anything that could indicate, or be seen as indicating, partisan support for a candidate, political party, political actor or political tendency; iii. Disclose to the appropriate body or authority any relationship that could lead to a conflict of interest with their duties as election observers, or with the process of observation and assessment of the election; iv. Not accept any gift or favour from a political party, organisation, or person involved in the election process; v. Not participate in any function or activity that could lead to a perception of sympathy for a particular candidate, political party, political actor, or political tendency, for example, visits to military installations, or visits to official ceremonies sponsored by local authorities or political parties; vi. Not express a view on any subject that is likely to be an issue in the election; vii. Not communicate with any voter on a matter of partisan significance; viii. Not wear, carry or display any party symbols or colours of a partisan nature.

Principle III: Comprehensiveness of election observation

When assessing the validity of an election, observers must consider all relevant factors that affect different aspects of the process. Unless this takes place, the observation process could give unearned legitimacy to a flawed electoral process.

79O D U L E 1 M

MODULE 1 68

Election Observers should:


i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. Consult widely with relevant political actors and concerned organisations; Attempt to form objective views of all aspects of the election process, in order to determine its legitimacy; Attempt to form objective views of the progress of the election process in all parts of the country and, where relevant, outside the country; Analyse the legal framework within which the election is being conducted, and assess whether it is adequate in the circumstances; Try to determine whether the laws governing the electoral process are generally being observed; Try to determine whether the election management body has acted impartially in a manner that is consistent with a free and fair election; Try to determine whether the freedoms of expression, organisation, movement, and assembly have been respected; Take special note of the participation of the illiterate and the disabled with a focus on measures which facilitate casting a vote in secret by these individuals; Try to observe political meetings and demonstrations; Try to determine whether the process for registering voters, candidates and parties has been carried out equitably and comprehensively; Try to determine whether voters have enough knowledge of the process to be able to participate in the election; Try to place observers in polling stations and counting centres, in order to observe the compilation and communication of results; Try to determine whether effective steps have been taken to prevent persons form voting more than once, and to guarantee the secrecy and security of the ballot; Try to examine all complaints about the electoral process made to the election management body or to the observer, and assess the validity of each complaint.

Principle IV: Transparent election observation

Comments and reports by foreign observers can have a significant influence in the host country after the election process is completed; therefore it is vital that the validity of the observers conclusions can be demonstrated. The authority of the statements should not only rest on the status of the observers, but on the methods and data applied in reaching their conclusions. To establish that validity, observers should fully disclose their methods, assumptions, data, analyses, and the details of their comprehensive observations. Election observers should therefore: i. Identify the objectives of their observation, both at the beginning of the process and when they report; ii. In all their reports, follow the principles based on recognised scientific methodology, including the following: a) Identify the exact information they have gathered and used as a basis for their assessment of the electoral process; b) When reporting statistical information, identify the basis of sampling they have carried out, and disclose the measures of uncertainty associated with those statistics; c) Identify all the assumptions that they have used; and d) Provide evidence and argument to support all their assumptions and judgements iii. Be prepared to communicate to the election management body a final collective assessment of the observation process; iv. v. If appropriate and necessary, inform the election management body of alleged shortcomings in the electoral process, so that the body can take remedial action if it wishes; Communicate directly and openly all collective conclusions arising from the observation process.

80O D U L E 1 M

MODULE 1 69

Principle V: Accurate election observation

It follows from the discussion of Principle IV that the information on which observers base their reports must be accurate as well as accessible. Inaccurate or unreliable information can undermine confidence in both the electoral process and the observation process. Election observers must perform every task on the basis of the highest standards of accuracy of information, objectivity of analysis and recognised scientific methodology. Information relied on by observers should be verifiable. In particular, observers should: i. Ensure that information is collected, compiled, and published in a way that is systematic, clear, and unambiguous; ii. Take any action necessary to ensure that all the information they compile, use or publish as part of the observation process is received first-hand and is verifiable; iii. If they receive any allegation that reflects adversely on the election management body, or on any participant in the electoral process, seek a response from the person or organisation concerned before treating the allegation as valid.
Source: International IDEA Code of Conduct for Ethical and Professional Observation of Elections, 1997 pp. 13-24.

SESSION FIVE
WHAT TO OBSERVE AND HOW TO OBSERVE

Objective

To expose trainees to the key things to look out for in any election observation mission and to guide trainees on how to observe elections. Training Resources: Flip chart, markers and handouts Duration: 20 minutes Methodology: Plenary and mini-lecture. Facilitators Note 1. Ask participants to state what should be observed during an election processes; 2. Write responses on flip chart; 3. Use responses to enable mini lecture.

MINI LECTURE: WHAT TO OBSERVE


There are general principles guiding the conduct of democratic elections embedded in the various international and regional instruments that empower countries to hold elections. These same principles guide the conduct of election observation missions. The principles include the holding of periodic, genuine, free and fair elections which adhere to the principles of universal suffrage and equal suffrage, voting by secret ballot and the honest counting and reporting of polling results. These principles become the parameters within which an observer operates. All countries have unique histories and circumstances, therefore it is important for the observers not to prosecute their mandate with a one-size-fits-all mentality. Election observation must take cognisance of the national context in order to make a fair assessment of the electoral process. It is for this reason that ECOWAS demands that apart from familiarising themselves with the aforementioned universal principles, election observers must acquaint themselves with the national laws governing the elections. M 81O D U L E 1 MODULE 1 70

Election in a particular country should not be from the perspective of what obtains in another country. An observation team interested in making a fair assessment of the process must as a matter of principle understand the national rules and procedures regarding the elections. It is therefore imperative for observers to arrive in the country in good time to participate in any briefing by the Electoral Management Body (EMB) and use the opportunity to seek clarifications on any grey areas. ECOWAS has set out basic elements that an observer should look out for. These elements can be referred to as the LEPEC of ECOWAS Observation. What to Observe Legal Framework Electoral Environment Political Competitiveness Electoral Preparation Conduct of Poll Remember: L-E-P-E-C

Legal framework

Are the EMB and key election officials free from government control and generally capable of acting independently of the political authorities? Is the electoral system inclusive, and does it provide for genuine competition? Are there restrictions on participation in political activity generally? Is media freedom guaranteed? Are fundamental freedoms and human rights guaranteed? Is funding for the election guaranteed?

Electoral environment

Is the general environment stable, peaceful and violent-free, so that legitimate political activity could take place freely? Are there restrictions on the freedom of expression, association and assembly? Is access to public resources for election purposes equitable? Does the police or military play a neutral role in providing election security, and do they demonstrate a stance of zero tolerance to political violence? Are there politically related instances of human rights violations? Is the relationship between the EMB and the political parties friendly or acrimonious?

Political competitiveness

Do the print and electronic media allow equitable access to all contesting parties and candidates? Is access to the media regulated and monitored? Are people free to form political parties without unnecessary impediments? Does a level playing field exist to facilitate electoral competition? Are the political parties and candidates free to campaign throughout the country, without any no-go areas? Are there clearly articulated rules for political party funding, and are they being observed? Do the parties and candidates conduct themselves in a mature, responsible and non-violent manner?

Electoral preparations

Is the framework for the conduct and supervision of the polls transparent? Does the EMB display independence, impartiality, transparency, and consistency in the conduct of its business?

MODULE 1 82

71 MODULE 1

Was voter registration done nationwide without discrimination on the basis of gender, race, ethnicity, religion, or region? Is the voters register inclusive and up-to-date? Is the voters register acceptable to the political parties? Is voter education provided countrywide in a non-partisan manner? Were NGOs involved in voter education? Are the election officials well trained for their jobs? Did the nomination of candidates proceed smoothly without violence? Did the government make available adequate funds for the election and in a timely manner?

Conduct of the poll

Did the polling stations open at the stipulated time? Were polling materials available on time and in sufficient quantities? Was the security of the polling officials and the voters assured? Did polling proceed smoothly and orderly without any major hitches? Were the polling procedures simple enough for all voters to understand? Did the polling arrangements make it feasible for people to vote in secrecy? Did the polling officials deliver efficiently in accordance with the rules and regulations? Was the turnout of voters high, medium, or low, and did the voters know what to do? Were voters who had a right to be assisted to vote and the manner of assistance clearly specified? Were there party/candidates agents at the polling stations? Were there local and/or foreign observers at the polling stations? Was the vote count transparent and orderly? Were the results publicly announced at the polling stations? Were the party/candidates agents given copies of the certified results at the polling stations? Were the results relayed from the polling station to the tabulation centre in a secure manner? Was the vote collation properly organised and was sufficient care taken to verify the results? Were the results publicly announced at the collation centre? Were there party/candidates representatives at the collation centre and were they given copies of the certified results?

MINI LECTURE: HOW TO OBSERVE

Being equipped with what needs to observe, the observer has to know how to observe. The basic instrument for Election Day observation is a checklist which reduces all the things to look out for into election observation forms.

Qualities of a good checklist

Must be contextual and therefore tailored to suit the specific election to be observed, as electoral practices may differ from place to place; Should elicit mainly factual responses from the observer, and not his/her personal feelings and opinions; Must be designed in a manner that makes for easy processing and analysis. Remember-CO-FA-PR-AN

Source: ECOWAS Handbook on Election Observation 2008

In essence a good checklist:

Provides a good foundation for common judgement since there is uniformity in what to observe; Reduces the possibility of emotive and subjective reporting of the electoral process thereby enhancing the credibility of what is reported by the team in general.

However, the checklist is by no means exhaustive. It only provides the general framework within which an observer performs his duty. Election observers must therefore be allowed to note other observations that may fall outside the purview of the checklist but which are critical to the outcome of the electoral process. (See Appendix II and III for ECOWAS and WACSOF sample Observation Forms) 83 M O D U L E 1 MODULE 1 72

SESSION SIX
REPORTING AN OBSERVATION

Objective

To expose trainees to guidelines for writing an election observation report and using election language. Training Resources: Flip chart, markers and handouts Duration: 20 minutes Methodology: Plenary and mini-lecture Facilitators Note 1. Ask participants to state the importance of election reports; 2. Write responses on flip chart; 3. Use responses to teach mini lecture.

MINI LECTURE: ELECTION OBSERVATION REPORTING FORMAT


The format for writing an observation report is similar to an election observation form. In fact, the election involves putting the observers findings in detailed narratives. The preliminary post-election statement should not be confused with the election report. The preliminary statement only indicates the missions general impressions of what occurred on Election Day.

Discretion must be exercised in the use of election language; Deliberate manipulation and distortions should be separated from errors or mistakes; Recommendations must help improve future electoral processes; Findings put in the report should be factual and verifiable; Irregularities should be examined in terms of their overall effect on the electoral outcomes; Credit must be given where it is deserved. Remember: DDR-FIC Although different organisations have adopted different formats for reporting, any good Election Observation must be guided by the same general principles.

General Principles for Reporting

Mini lecture: Election Language

Elections are a process; therefore it is doubtful if any team of observers will have the capacity to fairly make such judgements due to their own internal constraints.

MODULE 1 84

73 MODULE 1

Free elections

Were all citizens able to enjoy their fundamental rights of freedom of expression, association, assembly, and movement? Were all voters able to cast their ballots free from intimidation, violence, administrative action, or fear of retribution? Were there any impediments that prevented candidates from freely presenting their views or hindered voters from engaging in campaign activities and learning about or discussing these views? Was the media able to cover the campaign freely, without interference or unreasonable restrictions imposed by the authorities? Were domestic observers, both partisan and non-partisan, free to observe all stages of the election process before, during, and after Election Day without obstacles? Were the tabulation of results open, visible and verifiable from polling-station level to all intermediate levels of the election administration and finally to the national election authority?

Rigging

This is the premeditated action(s) by an individual or group of persons with the intention of influencing the outcome of an election in favour of a political party, candidate or interest group. It is deliberate and done with the ultimate intent of skewing election results. The dilemma for an observer is how to determine whether an act by an electoral administrator was a genuine error or whether this was well thought-out.

Irregularity

This is simply an act that is not in conformity with the laid-down rules and procedures for the conduct of an election. The challenge for the observer is how to decipher a genuine irregularity from a premeditated one. To make a fair assessment, ECOWAS advises observers to consider three key factors. What are the kinds of irregularities? - Performance lapses, genuine mistakes or deliberate wrongdoing? What is the distribution of the irregularities? - Isolated instances or frequent occurrences? What is the pattern of the irregularities? - Random or systematic? If systematic, does the pattern favour a particular candidate or party? Remember: KI-DI-PA

85 O D U L E 1 M

MODULE 74 1

SESSION SEVEN
ELECTION OBSERVATION IN WEST AFRICA- THE ECOWAS AND WACSOF EXPERIENCES

Objective

To expose trainees to practical election observation experiences in West Africa using ECOWAS and WACSOF as case studies. Training Resources: Flip chart, markers Duration: 20 minutes Methodology: Case studies, group exercise and plenary. Facilitators Note Group Exercise Ask participants to form 3 groups; Ask group 1 to answer Question 1; Ask group 2 to answer Question 2; Ask group 3 to answer Question 3; Questions 1. What are the challenges that confront CSOs involved in election observation in West Africa? 2. Suggest 3 solutions to these challenges 3. What can ECOWAS and West African civil society do to promote credible electoral processes in the sub-region? 1. Ask groups to present their findings; 2. Use responses to encourage plenary discussion.

CASE STUDY
ECOWAS ELECTION OBSERVATION MISSIONS: Practices and Lessons Learned

ECOWAS derives its mandate for Election observation from the Protocol on the Mechanism for Conflict Prevention Management, Resolution, Peacekeeping and Security (1999) and the Supplementary Protocol on Democracy and Good Governance (2001). This mandate includes providing any form of assistance for purposes of conducting an election and dispatching a team to the country for the purpose of monitoring the election. Additionally, the Protocol empowers the President of the Commission to dispatch a fact-finding Mission to the Member State holding elections as the elections approach. Subsequent to the fact-finding mission, an Exploratory Mission may be sent to the member state. Unlike the fact-finding mission, whose tasks are not well-defined, the mandate of the exploratory mission is similar to that of a pre-election assessment mission. The purpose of the exploratory mission is to: Collect the texts governing the elections; Gather information on the conditions under which the elections will be conducted; Collect pertinent information relating to the contesting candidates or political parties;

MODELS 1 86

75 MODULE 1

Meet candidates, party leaders, government authorities and other relevant bodies; Assess the status of preparations for the elections; Gather any other useful information that may provide a clear picture of the situation in the country.

Further to the exploratory mission, ECOWAS may send an Observer Mission whose terms of reference are predicated on the report of the exploratory mission. The documents collected and the report prepared by the exploratory mission will be made available to the observer mission. Essentially, an ECOWAS Election Observation Mission supports and complements efforts of the country holding the elections to improve its electoral processes so as to gain the trust and confidence of citizens and to ensure that the elections are generally free and fair. Among other benchmarks, ECOWAS EOMs generally assess:

The legal and institutional framework of the election; The general electoral environment; The integrity of the electoral preparations; The extent of human rights violations and election-related violence; The degree of political competitiveness; The integrity of the conduct of the poll.

While the ECOWAS Checklist for Observers covers these broad themes, allowances are made for observers to report any other significant occurrences observed during the mission. The President of the Commission appoints the leader, who is usually a member of the ECOWAS Council of Elders and the other members of the mission, which shall include women. The members will be independent persons and nationals of member states other than the one conducting the elections. As independent persons, it is to be understood that the members of the mission serve in their individual capacities, and do not represent ECOWAS, or their respective countries, or the institutions they work for. The observer mission is expected to arrive in the host country at least forty-eight (48) hours before the election and remain there throughout the election period until results are announced. Upon arrival, the mission is expected to hold consultations with the relevant authorities of the host government for an exchange of views and also to determine the mode of deployment of the observers. For this purpose, ECOWAS staff may precede the mission to arrange the necessary meetings. In the performance of their duties, members of the mission must refrain from making individual statements. Instead, the team leader or an appointed spokesperson should make statements on behalf of the mission. The mission may establish cooperative links with reputable and politically neutral NGOs or any other observer team for purposes of facilitating its work, but it must maintain its identity and autonomy at all times. Within fifteen (15) days of accomplishing the mission, the leader must submit the missions report, signed by all the members, to the President of ECOWAS Commission. Before departing the country of observation, the mission must hold a consultative meeting for purposes of preparing the report. Any member who will be unable to attend the meeting must submit a written report to the leader before leaving the country. The main report of an ECOWAS Election Observation Mission usually comprises: The missions observations; Statements by witnesses; An assessment of the conduct of the elections from the point of view of the countrys own laws as well as universal principles on electoral matters Recommendations for improving the conduct of future elections and observation missions.

87O D U L E 1 M

MODULE 1 76

ECOWAS staff usually assists the mission in the preparation of the report of the mission. The President of the Commission is then required to forward the missions report, together with his/her observations, where necessary, to the Mediation and Security Council. The council will then decide on follow-up actions as appropriate. ECOWASs role in electoral processes is not limited to election observation. It also provides technical assistance to countries preparing for elections. Although election observation is generally deemed a civilian activity, ECOWAS in its last Observation mission in Togos Legislative Elections in October 2007 deployed a 100-strong military team in response to the recommendations of its exploratory mission which painted a scenario of insecurity in that country. With the collaboration of civil society and other stakeholders, the ECOWAS Electoral Assistance unit has successfully brought electoral management bodies together under the umbrella of the ECOWAS Network of Electoral Commissioners (ECONEC). Not only is the network expected to contribute to improving the integrity of electoral processes in West Africa, it will also provide a rare opportunity for electoral administrators to peer-review their own work with the ultimate goal of promoting genuine, transparent, credible and peaceful elections in the sub-region. ECOWAS has made some general observations during Observation Missions. These include: Countries operate different types of electoral systems and administrations posing difficulties for harmonisation; Polling officials and party agents in the sub-region are generally not well-trained; There is poor voter education in the sub-region accounting for the generally high levels of rejected ballots; There is voter apathy resulting in generally poor voter turn-out for elections; Elections are generally tension-laden; There is growing awareness of the need to have Electoral Management bodies that are truly independent; The cost of elections in the sub-region is generally high.

CASE STUDY
CSO ELECTION OBSERVATION WEST AFRICA: The WACSOF experience

The involvement of CSOs in electoral processes is engendered by the need to promote citizens participation in order to deepen democratic practice in West Africa. The political history of West Africa from the era after independence in the 1960s saw the emergence of multi-party politics and one-party states. The 1980s was a period of military dictatorships in most of the countries followed by a renewed drive towards the attainment of democracy in the 1990s. CSOs played significant but varying roles throughout these periods. For instance, from 1960-1970, the sub-region witnessed the dominance of CSO activities by trade unions, students and youth groups fighting against colonialism. Between the 1970s and the 1990s, the drought in the Sahel led to deep social unrest with the international community mobilising CSOs to fight off poverty through the provision of humanitarian and relief services for the affected communities. After these humanitarian crises came the dawn of aggressive moves towards democratic governance. The CSOs engaged in political advocacy in addition to providing basic humanitarian and social services. However, ethnicity, parochialism and poor networking impacted negatively on the ability of CSOs to positively influence public policy change and decision making. 88O D U L E 1 M MODULE 1 77

Efforts at correcting this weakness led to the emergence of various platforms in the sub-region including the West African Civil Society Forum (WACSOF) which is an institutionalised platform of CSOs in West Africa working to advance such critical development issues as human rights, peace and security, democracy and good governance, education, trade and commerce, health, and gender equality. WACSOFs engagement in elections in the sub-region was preceded by the dominance of the UN and other international and local non-governmental organisations. WACSOF has, however, institutionalised indigenous citizen-led election observation in the sub-region. WACSOFs engagement in electoral processes in the sub-region is predicated on the need to contribute to regional integration efforts through the promotion of democracy and good governance. Again, WACSOF sees its role in electoral processes as a conflict prevention approach given that most conflicts in the sub-region can be attributed to the poor management of electoral processes triggered in part by the tendency of some political stakeholders, especially ruling parties, to sabotage the holding of genuine, free and fair elections whose outcomes will reflect the will of the electorate. As a result, the election observation missions of WACSOF are aimed at: Determining the preparatory state of the elections in terms of election materials among others; Ascertaining the socio-political climate within which elections are being conducted; Evaluating the degree of transparency and credibility of elections; Sensitising actors to entrench peace initiatives within election processes.

The phases of a typical WACSOF intervention in an electoral process involve: Pre-Assessment Mission; Accreditation; Voter education; Election observation training ( mandatory) and conflict prevention training (optional); Election Day Observation; Dissemination of Election report.

WACSOF has successfully observed the conduct of the following elections: Ghana Presidential and Parliamentary Elections (December 2004); Togo Presidential Elections (April 2005); Guinea Bissau Presidential Elections (June and July 2005); Liberia General Elections (October and November 2005); Burkina Faso Presidential Elections (November 2005); Cape Verde Parliamentary and Presidential Elections (January and February 2006); Benin Presidential Elections (March 2006); The Nigerian Bye-elections in Ekiti State (April 2006); The Gambia Presidential elections (September 2006).

In 2007, the forum observed elections in Senegal, Mali, Burkina Faso, Nigeria, Sierra Leone and Togo. There have been no missions in Cote dIvoire, Guinea and Niger. The successes of WACSOFs election observation missions are partly due to the technical support of DANIDA and WACSOFs own method for the deployment of observers.

89 MODULE 1

MODULE 1 78

The WACSOF Approach for deployment employs a blend of international and domestic observers. While domestic observers bring their passion and rich knowledge of the local terrain to bear on the mission, international observers compliment this domestic emotive inclination with their neutrality, objectivity and fairness. As a result, the reports of WACSOFs Election Observation Missions (EOMs) have been hailed by election watchers as generally representative of the actual conduct of elections. Some other CSOs that carry out election observation in West Africa are: Rencontr Africaine pour la Defense des Droits de LHomme (RADDHO, Senegal) ; Independent Observatory for Elections (GERDDES, Burkina Faso); Centre for Democracy and Development (CDD, Nigeria); National Election Watch (NEW, Sierra Leone); Mano River Womens Peace Network (MARWOPNET); West Africa Network for Peace (WANEP). Having conducted Election Observation Missions in 11 West African countries, WACSOF has made the following observations: There is a general lack of knowledge on electoral processes; Some Electoral Management bodies are not independent; Most polling officials especially at the level of the polling stations are generally not well-trained; Citizen participation in elections is generally declining; There are knotty issues surrounding the compilation and verification of electoral registers; There is a general non-adherence to the principles of the ECOWAS Supplementary Protocol on Democracy and Good Governance; There is a tendency by ruling parties to abuse their incumbency; Mechanisms for settling electoral disputes are generally weak and extremely slow; Mechanisms for implementing decisions made by bodies set up to adjudicate electoral disputes are weak; The cost of elections has become a serious challenge and threatens to impede the quest towards building and entrenching a viable democratic culture in the sub-region;

In the execution of its mandate WACSOF itself has faced some challenges such as: Inadequate coverage in many member countries; Lack of capacity to undertake long-term observation; Weak feedback mechanism to influence future electoral processes.

In light of these findings and the above challenges, WACSOF recommends that: Election observation processes be harmonised in the sub-region; The collaboration among the membership the ECOWAS Network of Electoral Commissions (ECONEC) should be encouraged and supported to ensure credibility of electoral processes in the sub-region; Steps should be taken to ensure the substantive independence of election management bodies; The capacities of EMBS should be strengthened to ensure professionalism in the administration of electoral processes in the West Africa; WACSOF National Platforms should be strengthened so they can follow the entire electoral process; There should be improved collaboration between Electoral Management Bodies, CSOs and other relevant stakeholders at national level.

90O D U L E 1 M

MODULE 1 79

HANDOUTS

91 MODELS 1

MODULE 1 80

APPENDIX I ECOWAS Election Observation Mission ECOWAS CODE OF CONDUCT FOR OBSERVERS

The following guidelines will apply to nationals of any country participating in ECOWAS observation missions. All official ECOWAS observers should adhere to the following guidelines:

Respect the laws of the land. Observers enjoy no special immunities as an international observer, unless the host country so provides Observers will participate in all pre-election briefings with their supervising officers.

Observers will be subject to the direction and management of the observer team leadership, carrying out their written terms of reference and covering the geographical schedules specified by team leaders. direction of the ECOWAS observer team. Observers should be aware of the presence of other electoral monitoring teams and liaise with them under the Observers will carry prescribed identification issued by the host government or electoral commission, and will identify themselves to any interested authority upon request. Observers shall maintain strict impartiality in the conduct of their duties, and shall at no time express any bias the election process.

preference in relation to national authorities, parties, candidates or with reference to any issues in contention in Observers will not display or wear any partisan symbols, colours or banners. process, polling day procedures, or with the vote count. countermands of the election officials.

Observers will undertake their duties in an unobtrusive manner, and will not disrupt or interfere with the election Observers may bring irregularities to the attention of the election officials, but will not give instructions or Observers will base all conclusions on well-documented, factual and verifiable evidence, and will keep a record of the polling stations and other relevant places that they visit. Observers will refrain from making any personal or premature comments about their observations to the media general information about the nature of their activities as observers. towards appropriate ECOWAS report on the elections monitored.

or any other interested persons, but should provide, through a designated liaison officer or spokesperson, Observers will participate in post election debriefing with their supervising officers and will contribute fully Observers must comply with all national laws and regulations, where these limit freedom of assembly or movement about the country; they must note where such rules prevent them from carrying out their duties. blamelessly, exercise sound judgment, and observe the highest level of personal discretion. At all times during the mission, including during private time away from work, each election observer should behave

General Guidelines for Observers When Visiting Polling Stations


electoral commission will assist your observation, and is particularly important for the count.

The following guidelines should also be noted by ECOWAS election observers for their conduct on polling days:

Introduce yourself to the chairperson of the polling station when you arrive. Establishing a working relationship with the

Comply with the instructions of officials at the polling stations. If you are dissatisfied with the official instructions and record the circumstances on the appropriate observation report. possible to the relevant provisions of the law. If any official prevents you from doing something you believe you are entitled to do, point this out. Refer if

92 MODULE 1

MODULE 1 81

Entitlements of Election Observation

Avoid confrontation with security personnel. with you at all times.

Be prepared to present your passport and accreditation to all officials who request them. Keep these documents Maintain complete impartiality at all times.

Treat all information received in confidence.

Avoid disrupting the voting and counting process. the voting or counting process.

Under no circumstance should you handle official election documents in the polling station or physically assist Do not use or carry photography, video or recording equipment when undertaking your duties as an observer. concrete examples when general statements are made. observe and record events at the polling stations.

Be prepared to note your conversation and comments made to you. Ask questions and in particular ask for Do not attempt to take an active role in resolving any disputes or complaints, even if asked to. Your role is to Record any complaints made to you on the appropriate observation form, including details of the complaints: name, organisations (where relevant) and address. Exercise restraint if offered food and drink at polling stations.

Be conscious that your conduct is likely to be closely observed. Try not to be enthusiastic or overtly friendly if you meet a candidates proxy or representative whom you already know. Try not to give the impression of rushing from one polling station to another.

As an accredited ECOWAS observer you are entitled to: counting.

Visit any polling station under the direction of the supervising officers of the mission to observe voting and Meet with members of election commissions, MPs, candidates or their proxies, voters and representatives of civil society in order to gather information. Ask questions relating to voting and counting process to members of electoral commissions and to superior electoral commission, but you do not have the right to countermand the decisions of the election officials.

Elements to be assessed by the Observer Mission


The degree of impartiality shown; their views publicly;

When assessing the validity of an election the ECOWAS observer must consider the relevant factors that affect the electoral process. The following factors should be considered:

The degree of freedom of political parties, alliances and candidates to organise, move, assemble and express The fairness of access to state resources made available for the election;

The fairness of access to political parties, alliances and candidates to the media, in particular the state media; The registration of voters without discrimination on the basis of gender, racial or ethnic origin; Any other issue that concerns the essential freedom and fairness of the election; The conduct of polling and counting of votes as described in the electoral law.

Media Statement and Election Observers


spokesperson of the mission.

Make no comment whatsoever about the electoral process and do not be drawn into general contact with members of the media. In all cases journalists who seek comment on the electoral process should be referred to the authorised

Do not make general statements about the conduct of the elections as you may prejudice any final statement made on behalf of ECOWAS observers.

The ECOWAS mission will make a statement to the media on behalf of the ECOWAS observers after everyone has had a chance to report their observation.

93O D U L E 1 M

MODULE 1 82

APPENDIX II
ECOWAS ELECTION OBSERVATION FORM - A
OPENING OF THE POLL N.B. Arrive at the Polling Station (PS) at least 30 minutes before the time voting is supposed to begin. Name of Observer _______________________________________________________________________ PS Name ______________________________________________PS Code (if any) ___________________ Time of Arrival ________________________________ Time of Departure____________________________ What was the number of voters on the main voters register/roll/list? _________________________________ Was there any supplementary list to be used for voting? Yes _____________ No _____________________ If yes, what is the list called? ______________________________ How many voters were on it? ________ Were security personnel present at the PS? Yes______ No______ If yes, how many? __________________ Were there party/candidates agents at the PS? Yes ____ No ____ If yes, which parties? ______________________________________________________________________________________ Did the Presiding Officer (PO) show the empty ballot boxes to the agents before voting started? Yes ____ No ____ If no, what did s/he do? ____________________________________________________ Did the PO show the ballot papers to the agents before using them for voting? Yes __________ No ________ If no, what did s/he do? ____________________________________________________________________ Did the PO officially record the total number of ballots issued to the station before starting to use them? Yes ________ No _______ Were party agents and observers allowed to record the number? Yes ______________ No ______________ About how many voters were in the queue just before voting started? _______________________________ At what time was the first ballot paper placed in the ballot box? ____________________________________ Was the PS set up in such a way as to enable the voter to cast a secret ballot? Yes ________ No ________ If no, please explain: _____________________________________________________________________ Was the PS set-up such that agents/observers could clearly see the voting process? Yes ______ No _______

94O D U L E 1 M

MODULE 1 83

Did voters have to show identification? Yes ____ No ____ If yes, what kind? __________________________ Was anyone allowed to vote without the identification? Yes ____ No ____ If yes, what explanation was given? ______________________________________________________________________________________ Was any person allowed to vote whose name was not on the register? Yes _____________No ___________ if yes, what explanation was given? __________________________________________________________ Were some people not allowed to vote? Yes ____ No ____ If yes, how many _______ and for what reason(s) ______________________________________________________________________________________ Was each ballot paper validated before it was given to a voter? Yes ______________ No _______________ if no, describe what happened: ______________________________________________________________ Were voters marked with electoral stain (indelible ink) when they voted? Yes ___________ No ___________ Were any voters assisted to vote? Yes _____ No _____ If yes, how many? ___________________________ Describe the manner of assistance: _________________________________________________________ Did voters confer with each other in the station about whom to vote for? Yes_____________ No___________ Did a voter return a spoiled ballot? Yes ___ No ___ If yes, was s/he given a new ballot? Yes ____ No _____ Did the processing of voters proceed smoothly? Yes ____ No ____ If no, please explain: ______________________________________________________________________________________ Was the atmosphere at the PS peaceful and orderly? Yes ____No ____ If no, please describe the scene: ______________________________________________________________________________________ Did you see any form of campaigning going on near the PS? Yes ____________ No __________________ If yes, how close to the PS? ________ Describe the nature of campaigning __________________________ ______________________________________________________________________________________ Did you see any election posters displayed in or outside the PS? Yes ______________ No ______________ If yes, what kind? ________________________________________________________________________ Were there other observers at the PS? Domestic __________________ International ___________________ At the time you were leaving the PS, how many people had voted? ________________________________

95 MODULE 1

MODULE 1 84

ELECTION OBSERVATION FORM B POLLING


N.B. Use a fresh FORM B for each polling station you visit, except the one where you observe the opening of the poll (use form A) and when you observe the closing of the poll, vote count and tabulation (use form C) Name of Observer _______________________________________________________________________ PS Name _____________________________________________ PS Code (if any) ___________________ Time of Arrival ________________________________ Time of Departure____________________________ What was the number of voters on the main voters register? _______________________________________ Was there any supplementary list to be used for voting? Yes ____ No ____ If yes, what is the list called? ______________________________________________________________________________________ How many voters were on it? _______________________________________________________________ Were security personnel present at the PS? Yes______ No______ If yes, how many?__________________ Were there party/candidates agents at the PS? Yes _______ No _______ If yes, which parties? ______________________________________________________________________________________ Was the PS set up in such a way as to enable the voter to cast a secret ballot? Yes _______ No _________ if no, please explain: ______________________________________________________________________ Was the PS set-up such that agents/observers could clearly see the voting process? Yes ______ No ______ if no, please explain: ______________________________________________________________________ Did voters have to show identification? Yes ____ No ____ If yes, what kind? __________________________ Was anyone allowed to vote without the identification? Yes ____ No ____ If yes, what explanation was given? ______________________________________________________________________________________ Was any person allowed to vote whose name was not on the register? Yes ____________No ____________ if yes, what explanation was given? __________________________________________________________ Were some people not allowed to vote? Yes ____ No ____ If yes, how many _______ and for what reason(s) ______________________________________________________________________________________ Was each ballot paper validated before it was given to a voter? Yes _______________ No ______________

96O D U L E 1 M

MODULE 1 85

If no, describe what happened: _____________________________________________________________ Were voters marked with electoral stain (indelible ink) when they voted? Yes ___________ No ___________ Were any voters assisted to vote? Yes ________ No _______ If yes, how many? ______________________ Describe the manner of assistance: _________________________________________________________ Did voters confer with each other in the station about whom to vote for? Yes______________ No__________ Did a voter return a spoiled ballot? Yes ___ No ___ If yes, was s/he given a new ballot? Yes ______ No _____ Did the processing of voters proceed smoothly? Yes ____ No ____ If no, please explain: ______________________________________________________________________________________ Was the atmosphere at the PS peaceful and orderly? Yes ____No ____ if no, please describe the scene: ___________________________________________________________ Was any form of campaigning going on near the PS? Yes ____ No ____ if yes, how close to the PS? ________________________________________________________________ Describe the nature of campaigning __________________________________________________________ Did you see any election posters displayed in or outside the PS? Yes ______ No ______ If yes, what kind? ________________________________________________________________________ Were there other observers at the PS? Domestic _________________International ____________________ What kind of ballot box was used for the election? Transparent ________________ Opaque_____________ At the time you were leaving the PS, how many people had voted? _________________________________

97O D U L E 1 M

MODULE 1 86

ELECTION OBSERVATION FORM C CLOSE OF POLL, VOTE COUNT, AND VOTE COLLATION
N.B. Be at the PS you have selected to observe the count at least 30 minutes before voting ends Stay there until the votes have been counted and the results compiled Then proceed to the centre where the overall votes will be collated

Name of Observer _______________________________________________________________________ PS Name ____________________________________ PS Code (if any) ____________________________ Time of Arrival at the PS _______________________ Time of Departure ____________________________

PART 1: CLOSE OF POLL


Were there any voters in line waiting to vote at the stipulated closing time? Yes _________ No ___________ If yes, how many? __________________ Were they allowed to vote? Yes ____________ No ____________ If no, explain what happened_______________________________________________________________ What time did voting actually end? ___________________________________________________________

PART 2: THE VOTE COUNT


What was the total number of voters on the main voters list plus any supplementary list(s)? ______________ Were the ballots counted at the polling station? Yes _____ No _____: if no, where were they counted? _____________________________________________________________ How were they conveyed there? ____________________________________________________________ Was the ballot box opened and the ballot papers removed in the presence of party agents and observers? Yes ______ No ______ If no, describe what happened: __________________________________________

Were the votes counted openly in the presence of party agents and observers? Yes _____ No ___________ If no, please explain: _____________________________________________________________________ Did anyone other than the polling staff help the PO to count the votes? Yes ______________ No _________ If yes, who helped? ______________________________________________________________________

98O D U L E 1 M

MODULE 1 87

Was the counting done accurately? Yes ______ No ______ If no, please explain: _____________________________________________________________________ Were any ballots counted that did not have the validation mark? Yes ___ No ___ If yes, how many? _______ What explanation was given? _______________________________________________________________ Was each rejected ballot shown to the agents and the reason for the rejection given? Yes _______ No ______ if no, describe what happened: ______________________________________________________________ Were observers allowed to be close enough to see the marks on the ballots and how they were being sorted out? Yes _____ No _____ If no, please explain: _____________________________________________________ ______________________________________________________________________________________ Was there disagreement over any rejected ballots? Yes ____ No ____ If yes, how many ballots? _________ How was the disagreement resolved? ________________________________________________________ Did any candidate or agent ask for a recount of the ballots? Yes ____ No ____ If yes, was the request granted? Yes ___________ No ___________________ If not granted, state the reason given: ________________________________________________________ Was the number of votes obtained by each candidate correctly recorded? Yes ____________ No __________ If no, please explain: _____________________________________________________________________

Were the following items openly recorded?


Total number of valid ballots Total number of used ballots Total number of unused ballots Total number of rejected ballots Number of spoilt ballots Yes_____ Yes_____ Yes_____ Yes_____ Yes_____ How How How How How many? many? many? many? many? _____________No _____________No _____________No _____________No _____________No _____ _____ _____ _____ _____

After the counting, were the ballots put into sealed containers/envelopes? Yes _____ No_____ If no, describe what happened: _________________________________________________________________ Were the party agents given an opportunity to endorse the results? Yes _____ No _____ If yes, how? If no, describe what happened:_____________________________________________________ Were party agents given certified copies of the results? Yes _____ No _____

99O D U L E 1 M

MODULE 1 88

If no, were they allowed to write down the results? Yes _____ No _____ Did the PO fill all the necessary forms at the polling station? Yes ____ No ____ If no, who filled them and where? ___________________________________________________________ Either obtain a copy of the PS results or record the results in the space below ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ How were the results relayed from the PS or the counting place to the collation centre? ______________________________________________________________________________________ At what time did you leave the PS? __________________________________________________________

PART 3: VOTE COLLATION


Time of arrival at the collation centre ___________________________ Time of departure _______________ Where was the collation done? _____________________________________________________________ At what time did the collation actually begin? ___________________________________________________ Who actually did the collation? ______________________________________________________________ Was the collation process well organised and orderly? Yes _______ No ______ If no, please explain: Was the collation done openly and in a transparent manner? Yes ____ No ____ If no, please explain: ______________________________________________________________________________________ Were candidates or party agents present to witness the collation? Yes ____________ No _______________ If yes, indicate the candidates/parties: ________________________________________________________ Were observers allowed to be close enough to see how the collation was being done? Yes ____ No ____ If no, please explain: ____________________________________________________________________ _____________________________________________________________________________ Were other observers present? Domestic ___________International _____________________ Was any electronic device/s used to tally the votes? Yes ____ No ____If yes, what device/s? _____________________________________________________________________________

MO 100 D U L E 1

MODULE 1 89

Did any candidate/agent complain of discrepancies in the results being collated? Yes ____ No ____ If yes, describe how the complaint was treated/resolved: _____________________________________________________________________________ If candidates or agents were present, were they made to endorse the results? Yes ______ No _____ If candidates or agents were present, were they given certified copies of the results? Yes _______ No______ If no, were they allowed to write down the results? Yes______ No ______ Were the results announced at the centre immediately after the collation? Yes _____ No ______ If no, please describe what happened: ________________________________________________________ Either obtain a copy of the collated results or record the results in the space below ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ At what time did proceedings at the centre come to an end? ______________________________________

101 D U L E 1 MO

MODULE 1 90

APPENDIX III
WEST AFRICAN CIVIL SOCIETY FORUM (WACSOF) ELECTION OBSERVATION MISSION SAMPLE OBSERVATION FORM Observers Name________________________________________________________________________ District Observed________________________________________________________________________ Constituency Observed____________________________________________________________________ Polling Station Name/Number_______________________________________________________________ Time of Arrival________________________________ Time of Departure____________________________ Name of Presiding Officer__________________________________________________________________ Number of Registered Voters for the Polling Station______________________________________________

1. Matters Regarding the Polling Station


a) b) c) d) e)

Is the polling station easily accessible? Yes No Any campaigning or campaign materials in the polling station? Yes No Is there ample space for the voting process? Yes No Is the polling station well laid out and organised? Yes No Is the polling station in a residence or public building? ______________________________

a) b) c) d) e) f) g)

2. Before the Polling

Were you permitted into the polling station? Were all required election materials available at the polling station? Did the electoral officers identify themselves before polling began? Were all the electoral officers present at the polling station? Were political party agents present at the polling station? Were there unauthorised persons in the polling station? Were the polling materials publicly displayed before the polling began?

Yes Yes Yes Yes Yes Yes Yes

No No No No No No No

a) b) c) d) e) f) g) h) i) j)

3. During Voting

Did the election begin on time? Were the materials in the custody of the electoral officers? Was order maintained throughout the polling exercise? Was there any security presence at the polling station? Were some voters prevented from voting? Did any person(s) interfere with the voting? Was the voting done in secret? Was there provision to assist the physically challenged voters? Was there provision to assist sick, pregnant women & elderly voters? Were the election materials sufficient for voting?

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

No No No No No No No No No No

102 D U L E 1 MO

MODULE 1 91

4. After the Election


a) b) c) e) f) g) h)

Did the voting end on time? Were you able to ascertain the number of voters?

Yes Yes

No No

How many people voted?____________________________________________________________ Were there any discrepancies in numbers (voters & list)? Yes No Was counting done in the presence of all concerned? Yes No Did all the Party agents agree with the result? Yes No Did all the Party agents sign the result sheet? Yes No

Please provide an assessment of the Election Day based on your observations. 1. Conduct of the Elections 2. Turnout of Voters 3. Participation of Women. 4. Participation of Youth Please provide an assessment of the following based on your observations since your arrival. 3. The Campaigns a. Conduct of the political parties/ candidates. b. Conduct of their supporters 4. The Media a. Objectivity of Reportage b. Coverage and Air Time given to political parties and candidates c. Media penetration based on use of local language use and reach out to local communities 5. General Comments

Signature_____________________________________________Date______________________________

Location______________________________________________Time_____________________________

103 D U L E 1 MO

MODULE 1 92

APPENDIX IV
ECOWAS INDICATIVE SAMPLE FINAL REPORT FORMAT
CHAPTER 1: INTRODUCTION: This chapter could be devoted to giving background and other relevant information about the observer mission, including: The request from the member state for ECOWAS to observe the election; The consent of other principal stakeholders, e.g. the EMB and the political parties, to the observation; The recommendations of the Exploratory Mission; The mandate of the observer mission; The composition of the observer mission. CHAPTER 2: BRIEF POLITICAL AND ELECTORAL HISTORY: This chapter is conceived as a chronological account, highlighting two main things: The essential characteristics of past regimes and the type/s of regime change; The main features, strengths and weaknesses of past elections. CHAPTER 3: THE LEGAL FRAMEWORK OF THE ELECTION: This chapter should be a straightforward narrative, devoted to brief summaries of the key provisions, processes and procedures, relating, as applicable, to: The set-up of the Election Management Body; The demarcation of constituencies; The registration of voters; The registration of political parties; The funding of political parties; The nomination of candidates; Political campaigning; Voter education; The recruitment and training of temporary election officials; Arrangements relating to voting, the vote count, tabulation of votes, and declaration of results; The resolution of electoral disputes; Any electoral reforms or measures undertaken in recent times to remedy past deficiencies. CHAPTER 4: THE PRE-ELECTION ENVIRONMENT: This would be a key chapter in the report. Unlike the previous chapter, it will not be a straightforward narrative, as it involves both a description and an assessment of attitudes and perceptions surrounding recent happenings on the political and electoral scene. Invariably, it will be based on information gathered by an advance team, if any; information from discussions the observer mission held with various stakeholders (the EMB, government officials, party activists, media practitioners, CSOs, security personnel, diplomats, and individuals); and how individual members of the mission read the prevailing situation. So, it is imperative that all the members of the mission actively participate in the interactions with the stakeholders by asking questions, raising issues and seeking clarifications. It is also important that allegations of impropriety made against any stakeholders during the briefings are properly investigated. The issues to be confronted in this chapter defy exact enumeration, but might include: The General Political Atmosphere: Were the prevailing socio-political conditions favourable for holding a credible election? Or were there such tensions as would threaten to derail the election? The Preparedness of the EMB: Was the EMB well prepared for the election? Were all the logistics and

104 MODULE 1

MODULE 1 93

essential materials required for the election procured in a timely manner? Did the EMB appear to be confident and fully in control of affairs? Did it anticipate any problems or difficulties? If so, how did it propose to deal with them? The State of the Voters Register: In particular, were the political parties satisfied with the register? If not, what were their grievances, how valid were they and how were they treated? The Extent and Content of Voter Education: How was voter education done and by whom? What did it seek to achieve? Did it reach everybody? Were any groups, such as women, the youth and the disabled, targeted for special attention? The Nomination of Candidates: How were candidates selected? Was the process of selection of candidates by political parties transparent and violence-free? Did the EMB give ample opportunity to all aspiring candidates to be nominated? Were any candidates disqualified? If so, for what reasons? How were nominations petitions, if any, resolved? The Campaign Period: Did candidates have unimpeded access to the voters in their campaigns? Did the political parties have adequate resources for their campaigns to make the election truly competitive? Were political rallies and meetings free from intimidation and violence? Did the electorate feel free to participate in political activities during the period? Was campaign activity devoid of corrupt practices like bribery and vote buying? What role did local political bosses play in the campaign? To what extent were state resources used in support of the activities of the ruling party? The Human Rights Situation: Were people free to go about their normal businesses during the electioneering period? Were there any forms of harassment or intimidation of or discrimination against individuals and groups on the basis of political, racial, regional, or religious affiliation? To what extent were women, the disabled and ethnic and religious minorities given ample opportunity for participation in all the important aspects of the electoral process? To what extent were the rights of free association, free assembly, free movement, free expression, and free choice respected? Security Considerations: Did the police and other security personnel display neutrality? Were they committed to and capable of maintaining the general peace in order to create an atmosphere conducive for electioneering, citizen participation, and the smooth conduct of the polls? To what extent did potential voters feel willing and unafraid to go to the polls? The Media: Did the media, in particular the public media, give equal access to the competing parties and candidates: or were the ruling party and its candidates favoured? In general, did the media report the activities of all parties and candidates fairly and accurately? CHAPTER 5: AT THE POINT OF THE BALLOT: As accurately as practicable, this chapter should try to capture all the significant happenings concerning the delivery of the election, from the immediate period before the opening of polling on the day of the election all through to the declaration of the results and what happened in the immediate aftermath. Invariably, most of the chapter will be based on information contained in the checklist used by the observers on Election Day. It is therefore imperative that a good checklist is prepared and used. The chapter could be organised into two main sections: The Polling Process: This section could be devoted to what transpired at the polling stations The Results Process: This section would relate how the counting and tabulation of votes and the declaration of results was done. The chapter could also describe the general mood and atmosphere in the country immediately precedent to polling day and when the election results were known. CHAPTER 6: CONCLUSIONS AND RECOMMENDATIONS: Obviously, this chapter would consist of the missions key findings about the conduct of the elections. In writing the chapter, two things need to be kept in mind:

105 D U L E 1 MO

MODULE 1 94

In terms of the missions overall verdict on how the election went, it should exercise utmost caution in using the phrase free and fair, which refers to a set of ideal conditions that no election is likely to fulfil in its entirety. Rather, on the basis of its assessment of conditions precedent to and on Election Day, the mission should be able to make a more factual statement on the extent to which the overall political and electoral environment eventually made it possible for the voters to freely express their preferences and the extent to which the election was executed in a genuine manner. Equal emphasis might be placed on what went well as on what went wrong. In the context of the ECOWAS principles, the missions recommendations could then focus on ways in which the legal framework and electoral procedures and processes could be improved for future elections. The first three chapters of this sample report format could easily and conveniently be written by the support staff, even ahead of the missions arrival in the country. This indicates the necessity of a high calibre team of trained support staff for every mission. The other three chapters, on the other hand, can be written only after wide discussion and inputs from the members of the mission.

106 D U L E 1 MO

MODULE 1 95

Module
DEMOCRATIC GOVERNANCE

107

MODULE 2 107

DEMOCRATIC GOVERNANCE
OVERVIEW This module sets out to make the link between issues of governance on the one hand and conflict prevention on the other. It aims at equipping a range of stakeholders with the skills and technical capacity to be part of a broader conflict prevention agenda within the sub-region. The need for this module is underscored by the description of governance, from a more nuanced perspective, as the relationship between the state and those it governs and how the forces at play during such an interaction process shapes the eventual emergence of the character of the state. The underlying subtext within this module is that a failure in governance comes at a very high price and often leads to violent conflict. Some of the more glaring indicators of a failure in governance include high incidence of corruption, low level of people participation and capacity deficits within government agencies. In response to all of this and more, some attempt has been made at both continental and sub regional levels to articulate a prescriptive threshold for good governance. These include the ECOWAS Protocol on Good Governance, the establishment of African Commission on Human and Peoples Rights, the Protocol to the African Charter on the Rights of Women, the African Peer Review Mechanism of the Unions NEPAD framework, and the revised ECOWAS framework on Conflict Prevention. Brief Profile of Module Developer: Centre for Democracy and Development The Centre for Democracy and Development (CDD) was established in 1997 out of the need to mobilise global opinion for democratic development, provide an independent space to reflect critically on the challenges posed to the democratisation and development process in West Africa and generate dialogue on alternative pathways that are universally relevant and contextsensitive The mission of CDD is to be the prime catalyst and facilitator for strategic analysis and capacitybuilding for sustainable democracy and development in the sub-region.

This module was developed by the Centre for Democracy and Development West Africa Lead Module Developer: Mr. Voke Ighorodje Contributors: Dr. Jibrin Ibrahim and Ms. Stella Amadi

ACKNOWLEDGEMENTS

Objectives:

To clarify the links between democratic governance and conflict in West Africa To provide stakeholders with skills and information necessary to facilitate good governance in West Africa; To expose participants to the description of governance from a rights-based perspective; To identify entry points for engaging governance in a participatory yet constructive fashion.

MODULE 2 108

Democratic Governance

101

MODULE 2

OVERVIEW OF SESSIONS
Democratic Governance
Contents/Sessions

Democratic Governance
Materials Required

Methodology

Duration Duration 20 Minutes 30 Minutes 20 Minutes 20 Minutes 30 Minutes 30 Minutes 30 Minutes 20 Minutes
130 minutes

Discussion and Flipchart, markers Understanding Democratic Content/Sessions Materials Required Methodology Brainstorming Governance Group work, Plenary Flipchart, markers Linking Governance and Conflict Understanding Democratic Mini lecture, Group Flipchart and marker Discussion and Brainstorming Examining Governance Law and Policy Flipchart, markers Exercise Framework Linking Governance Group work, Role Governance and Anti-corruption Flipchart, markers Group work, Plenary Play and Conflict Flipchart, markers Plenary, mini lecture Engaging Effectively Examining Law and Flipchart, markers Flipchart, markers Mini lecture, Group Exercise Policy Framework Governance and Anti-corruption Engaging Effectively Cumulative Training Time Flipchart and markers Flipchart, markers
Cumulative Training Time

Group work, Role Play Mini lecture, Role Play

30 Minutes 30 Minutes 130 Minutes

109 MODELS 2

D e m o c r a t i c G o v e r n a nMODULE 2 ce 102

INTRODUCTION
What is Governance?
The word governance derives from Latin origins that suggest the notion of "steering". One can contrast this sense of "steering" a group or society with the traditional "top-down" approach of governments "driving" society. One can also distinguish between governance's "power to" and governments' "power over." Governance relates to decisions that define expectations, grant power, or verify performance. It consists either of a separate process or of a specific part of management or leadership processes. Sometimes people set up a government to administer these processes and systems. Governance refers to the dual processes of both decision- making and implementation. Until recently, the emphasis has been on the role of formal government structures. Within the past decade, however, there have been increasing calls for consideration of the role of other stakeholders in decisionmaking and implementation. These calls, based on the premise that it is the right of citizens to engage in decision-making processes that affect their lives, and that this right is even more compelling in states that are prone to, or are emerging from, conflict. From this perspective, governance is regarded as a process involving both the government and the governed; it includes the factors which influence, affect or emerge from this process. The case has been made that where these forces are not allowed space to interact in a healthy constructive fashion, the ability of state institutions to deliver is constrained, leading eventually to violent conflict. The point has also been argued especially by non - state actors that not every decision taken by the state is useful or effective. In other words, not every type of governance is good governance Based on this, a distinction has been drawn between governance on the one hand and good governance on the other. The United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) has described good governance as a type of governance characterised by such traits as participation, orientation toward consensus, responsiveness and accountability.

110 MODELS 2

D e m o c r a t i c G o v e r n a nMODULE 2 ce 103

Module 2: Diagram to illustrate the Traits of Good Governance


ConsensusOriented Participatory Accountable

Transparent GOOD GOVERNANCE

Follows the Rule of law

Responsive

Equitable andEfficient

Effective and Inclusive

Source: United Nations Economics and social commission for Asia and the Pacific (UNESCAP)

Different Definitions of Governance


The World Bank defines governance as the exercise of political authority and the use of institutional resources to manage society's problems and affairs The Worldwide Governance Indicators project of the World Bank defines governance as: The traditions and institutions by which authority in a country is exercised. This considers the process by which governments are selected, monitored and replaced; the capacity of the government to effectively formulate and implement sound policies and the respect of citizens and the state of the institutions that govern economic and social interactions among them. An alternate definition sees governance as the use of institutions, structures of authority and even collaboration to allocate resources and coordinate or control activity in society or the economy.

111 MODULE 2

D e m o c r a t i c G o v e r n a nMODULE 2 ce 104

SESSION ONE
UNDERSTANDING DEMOCRATIC GOVERNANCE

Objective

To provide a general understanding of democratic governance and its components Training Resources: Flip Chart and markers. Duration: 20 minutes. Methodology: Discussion and Brainstorming Facilitators note: 1. This activity is divided into two parts. 2. In Part A, the facilitator will utilise the expert learning model by giving a general overview of governance and its components. 3. In Part B, divide participants into groups of five for a brief brainstorming session. Part A: Mini Lecture 4. Participants will take time out to read and digest the understanding of governance. Part B: Group Exercise - Brainstorm 5. Divide Participants into groups of five. 6. Ask each group to explore the question: What does it mean to engage governance? The aim is to stimulate discussion around how the forces of demand and supply form part of the continuum of governance. 7. Write responses on flip chart 8. Use it to engage participants in discussions in a plenary

Mini Lecture: UNDERSTANDING DEMOCRATIC GOVERNANCE


Democratic Governance is a system of governance that incorporates into the notions of good governance, not only efficient processes, but also principles and institutions that secure the civic rights and freedoms of all people, including the poorest of the poor and marginalized groups. Democratic Governance brings together two international development terms; DEMOCRACY AND GOVERNANCE. Democracy is often defined by its institutional characteristics (or means) - universal suffrage, regular elections and basic civil rights. Though these means are central to democracy, they are often associated with the historical experience of the West. As such, it is important to also focus on the universally accepted ends of democracy. Governance is a concept that involves the interactions among structures, processes and traditions that determine how power is exercised, how decisions are taken, and how citizens or other stakeholders have their say. It comprises the mechanisms, processes and institutions, through which people articulate their interests, mediate their differences and exercise their rights and obligation.

MODELS 2 112

Democratic Governance 105 MODULE 2

SESSION TWO
THE LINKAGE BETWEEN DEMOCRATIC GOVERNANCE AND CONFLICT

Objective

To show the link between governance and conflict; To assist participants to draw the link between the importance of good governance and the prevention of conflict; To assist participants to understand how proper communication in governance can effectively prevent conflict Training Resources: Flip chart, markers and masking tapes Duration: 30 minutes Methodology: Brainstorming, Mini lecture, case study. Facilitators Note: This session is divided into three parts. Part A 1. Test participants understanding of governance and conflict by engaging them in a brainstorming session. 2. Ask participants to express their opinions on the linkage between governance and conflict. Part B 1. Give an understanding of the linkage between governance and conflict. 2. In a plenary session, use a mini lecture to explain to participants the linkage between governance and conflict. Part C 1. Use the case study to demonstrate practically the linkage between good governance and conflict. 2. Ask participants the following questions after presenting case study: - Case Study Part 1: Describe the issues that led to the breakdown of law and order in Ogoniland and the reasons for the marginalisation of Ogoniland by the Federal Government of Nigeria. - Case Study Part 2: Evaluate the role played by the different stakeholders in the crisis such as the community, the government, Security forces and the multinational oil prospecting companies. How could they have acted to prevent the conflict? - Case Study Part 3: What lessons can be learned from this scenario in terms of governance and conflict prevention?

MINI LECTURE: THE LINKAGE BETWEEN DEMOCRATIC GOVERNANCE AND CONFLICT


Democratic Governance has a pivotal role to play in preventing or worsening conflicts. Functioning, representative, accountable and responsive state institutions can serve as strong conflict prevention pillars. Conflicts can be prevented when institutions and governments give real voice and space to the people to hold political leaders, corporations or other influential actors accountable for their actions and decisions. These supported by an informed society able to participate productively and responsibly as a civil society, are foundations for deep, resilient and peaceful democratic governance systems. Conversely, structural conflicts emerge when people do not have a say in governance processes and states remain disconnected from the needs and issues of the people. If such situations persist and avenues for people to vent frustrations are unavailable or closed, this can result in visible acts of frustration and opposition such as violence. 113 D E L S 2 MO MODULE 2 Democratic Governance 106

Corruption: Within the context of governance, corruption can be described as the misuse of public power for personal benefit. Countries in the West African sub-region demonstrate clearly how high levels of corruption correlate with dismal levels of poverty. Measured against the international standard of access to one USD of disposable income a day, poverty in the sub- region is so high that some 45% of the population subsists below the poverty line. Interestingly, these countries are among the poorest scorers on the Transparency Internationals (TIs) Corruption perception Index (CPI). In 2006, West African countries scored between 3.3 (Ghana and Senegal) and 1.9 (Guinea) out of a maximum score of 10. Indeed, 11 out of 15 West African countries fell within the lowest quintile of the worlds most corrupt countries and not a single West African country came within the top 20% cleanest governments in the world. By contrast, countries such as South Africa and Botswana in Southern Africa came within the top 20% of the worlds cleanest governments. This pattern was again prevalent in the World Banks 2007 World Development Report, according to which, in spite of a hypothetical raise of the poverty bar to 2US dollars a day, an estimated 70 - 80% of the total West African population was still located beneath the poverty line. Two out of the fifteen West African countries rank amongst the ten poorest countries in the world with similar Gross National Products (GNP) of USD210. Countries like Nigeria and Liberia typify the contradictions between a potential for global economic leadership based on a rich natural resource base on the one hand and a high incidence of poverty on the other. An estimated 70% of Nigerias population lives below the World Bank poverty line of less than a dollar day whereas the country is ranked as the worlds sixth largest producer of oil. Poverty in West Africa therefore is mostly the result of corruption. In addition to destroying the economy and social development, corruption undermines the legitimacy of the state. Corruption and poverty have combined with the phenomenon of state fragility to produce in West Africa one of the most notorious transit quarters of the global drug trade, as well as the menace of large scale money laundering. West African states rank so high on the failed states index that they have become both actual and potential locations for drug trafficking, money laundering and terrorism. Wherever corruption is known to be pervasive the capacity of state officials to deal with these threats is, by and large, heavily compromised. The Economic Commission for Africa (ECA, 2002)) estimates that corruption is costing the African continent a total of $148billion dollars per annum, increasing the cost of goods by as much as 20%, deterring investment and holding back development. The report further states that most of the cost falls on the poor. It is clear from the above that corruption weakens the ability of state agencies and institutions to perform their duties because: 1. It diverts resources meant for use by these institutions into private pockets; and 2. It distracts public institutions from their main mission by lowering the morale of their staff. Corruption also reduces the net income of the poor and wrecks programmes related to their basic needs because it results in the misallocation of resources to the detriment of poverty reduction programmes (Transparency International, 2008). It is apparent that all this would invariably weaken the ability of the state to effectively deliver goods and services to the general public because it emasculates the capacity of government agencies and institutions

MODULE 2 114

Democratic Governance 107 MODULE 2

Transparency International Corruption Perceptions Index


Since 1995, Transparency International has published annually a Corruption Perceptions Index (CPI) grading the countries of the world according to the degree to which corruption is perceived to exist among public officials and politicians. The organisation defines corruption as the abuse of entrusted power for private gain. Residents viewpoints correlate well with those of experts abroad. In the past, the experts surveyed in the CPI sources were often business people from industrialised countries; the viewpoint of less developed countries was underrepresented. This has changed over time, giving increasingly voice to respondents from emerging market economies. As this index is based on polls, the results are subjective, and less reliable for countries with fewer sources. Also, what is legally defined (or perceived) to be corruption, differs between jurisdictions: a political donation legal in some jurisdiction may be illegal in another; a matter viewed as acceptable tipping in one country may be viewed as bribery in another. In former Soviet states, the term corruption itself has become a proxy for the broader frustration with all changes since the breakup of the USSR. In the Arab world, terms for corruption had to be invented by advocates as recently as the 1990s. Statistics like this are, by nature, imprecise; statistics from different years are not necessarily comparable. The ICCR itself explains, year-to-year changes in a country's score result not only from a changing perception of a country's performance but also from a changing sample and methodology. Each year, some sources are not updated and must be dropped from the CPI, while new, reliable sources are added. With differing respondents and slightly differing methodologies, a change in a country's score may also relate to the fact that different viewpoints have been collected and different questions been asked. Despite anti-corruption reform or recent exposure of corruption scandal it is often difficult to improve a CPI score over a short time period, such as one or two years. A change in perceptions of corruption would only emerge in the index over longer periods of time.

115 D U L E 2 MO

MODULE 2 Democratic Governance 108

2008 Corruption Perception Index for West African states


Country Rank 47 67 80 85 96 115 121 121 138 141 151 158 158 158 173 Country 2008 CPI Score 5,1 3.9 3,5 3,4 3,1 2,8 2,7 2,7 2,4 2,3 2,0 1,9 1,9 1,9 1,6 Surveys Used 3 6 7 7 6 6 7 6 4 7 6 5 3 5 6 Confidence Range

Cape Verde Ghana Burkina Faso Senegal Mali Niger Nigeria Togo Liberia Cameroon Cte dIvoire Gambia Guinea-Bissau Sierra Leone Guinea

3.4 5.6 3.4 4.5 2.9 - 4.2 2.9 - 4.0 2.8 - 3.3 2.4 - 3.0 2.3 - 3.0 1.9 - 3.7 1.8 - 2.8 2.0 - 2.7 1.7 - 2.5 1.5 - 2.4 1.8 - 2.0 1.8 - 2.0 1.3 - 1.9

Source: Transparency International

116 D U L E 2 MO

MODULE 2 Democratic Governance 109

CASE STUDY
THE KELAMA CRISIS

The Kelema people are an indigenous group that has been known to live in their present location for about 500 years. The people, estimated at over half a million in number, live in an area of about 100,000 square kilometers The Kelemas grow mostly yam, cassava and plantain from which bumper harvests are recorded at the end of each farming season. Kelema fishermen did not need to foray into the deep seas, the banks of the rivers were rich enough with fish to make business boom. The soil of Kelema was rich and loamy. Its natural position on coastal plains, nourished by creeks and rivers running slowly into the Atlantic coast, guaranteed successful farming. But all these were before 1958. Right after the discovery of oil in Kelema land, the story turned sour. The intensive exploitation of the areas rich oil resources, brought with it severe environmental degradation and pollution. Several thousands of Kelema land were acquired and devastated by oil explorers in the attempt to lay oil pipelines. The eventual promulgation of the Land Use Act of 1978 removed finally the control of the land from the people and placed it in the hands of a detached and virtually non-existing federal government. Apart from the acquired lands, adjoining farmlands also suffered, crops were destroyed, the water polluted and air fouled. None of these destructions were acknowledged, let alone compensated for. The Kelema Bill of Rights (KBR) which contained all the demands of the Kelema people, brought with it the emergence of the Movement for the Survival of the Kelema People (MOSKP) in 1990. The bill was presented to the then military junta (Gen. Bangu Toamba and the Armed Forces Ruling Council). MOSKP received no reply. On August 26, 1991, Kelema leaders met and authorised the internationalisation of the struggle and consequently protested the sack of Kelema workers in the Timbar Petrochemicals Company (an establishment built on their land) in February 1994, but the government of Tambala again ignored their non- violent protest which necessitated MOSKP taking their demand to the United Nations through the Working Group on Indigenous Population. With no positive responses from all concerned parties, the Kelema people on December 3 1992 presented to the oil companies operating in Kelemaland, including Axion, the Tambala National Petroleum Corporation (TNPC) and Chesco, an ultimatum to pay back royalties and compensation within 30 days or quit Kelemaland. After the expiration of the ultimatum, MOSKP still did not resort to violence. They again, on January 4, 1993, took the nonviolent alternative of exploiting to the fullest the opportunity of UNs declaration of 1993 as the Year of the Worlds Indigenous People. After the mayhem in Giokoo village on May 21, 1994 and the murder of four prominent personalities, Mr. Tai Arubebe and eight other Kelema leaders who had championed Kelemas non-violent struggle were arrested, charged and tried by a military tribunal for the murder of the four Kelema chiefs. On November 10 1995, Mr. Tai Arubebe and the eight Kelemas were hanged and Kelemaland came to a standstill. There were protests from groups, students and individuals in Ame State and till today oil drilling has stopped in Kelemaland, but the land and its people still remain marginalised. (The scenario is a true tale but name and institutions have been changed for the purposes of knowledge transfer only).

117 MODULE 2

MODULE 2 Democratic Governance 110

SESSION THREE
EXAMINING LAW AND POLICY FRAMEWORK

Objective

To provide a general understanding of international legal instruments and policy initiatives that seek to enhance democratic governance and its components. Training Resources: Flip chart, markers. Duration: 20 minutes. Methodology: Mini lecture, Group exercise Facilitators Notes; 1. Divide participants into five groups for a brief brainstorming session on the policy frameworks. 2. Ask groups to write out outcomes on flip chart; 3. In a mini lecture, provide a general overview on law and policy frameworks relating to governance by using the expert learning model. 4. Distribute handout on Democracy and Good Governance to participants

MINI LECTURE: LEGAL AND POLICY FRAMEWORK ON GOVERNANCE


In response to the many challenges linked to governance in the 21st century a number of law and policy frameworks have emerged through consensus at global, continental (African Union) and sub-regional (ECOWAS) levels. Most of these frameworks are related and, to a large extent, derive from one other. The African Union Convention on Preventing and Combating Corruption, for instance, was adopted in Maputo in 2003 as a regional compliment to the United Nations Convention Against Corruption. The African Charter on Democracy, Elections and Good Governance in its Article 6 commits African Nations to building and strengthening democratic institutions, promoting democratic culture and also inculcating political pluralism and tolerance. These are principles echoed in the ECOWAS Protocol on Democracy and Good Governance (2004). ECOWAS has also recently finalised its revised Strategic Framework on Conflict Prevention. Section II (article 5b) of this framework recognises the need for governance reforms as a way to address the structural causes of conflict. In order to ensure an enlarged space for the promotion and protection of human rights in Africa, the Organisation of African Unity (OAU), the predecessor of the AU, also created the African Commission on Human and Peoples Rights (ACHPR). The ACHPR provides African citizens and states with a regional complaints mechanism to pursue human rights violations according to the African Charter on Human and Peoples Rights. The Commission was designed to strengthen the architecture for human rights protection in Africa. The ACHPR reinforces the commitments made by African leaders within the context of the NEPAD framework. NEPAD has been described as an African development plan. Endorsed by 53 AU member states, NEPAD focuses on good governance, African ownership, and broad participation. Its key goals are promoting good governance, empowering women, implementing democratic reforms and entrenching human rights in Africa at national and regional levels. As part of the NEPAD framework, the African Peer Review Mechanism (APRM) was developed in order to facilitate a voluntary governance monitoring process during which AU member states review member states performance.The major limitation as far as all these frameworks are concerned is the fact that they all serve as policy and practice directives with no clear sanctions prescribed for states who fail to abide by the prescribed standards. This does not however diminish their relevance. These frameworks are extremely useful because they provide a basis for national level policy making, a basis for the engagement of local structures and the demand for accountability at national and local levels.

118

MODULE 2

Overview of legal and policy instruments


1. ECOWAS Treaty was signed in Cotonou, Republic of Benin, on July 24 1993. 2. Protocol on Democracy and Good Governance was signed on December 21 2001 in Dakar, Senegal. The protocol is supplementary to the Protocol Relating to the Mechanism on Conflict Prevention, Management, Resolution, Peacekeeping and Security. 3. African Union Constitutive Act was signed in Lome, Togo, in July 2000 and entered into force on May 2001. 4. The African Charter on Human and Peoples Rights (ACHPR) was adopted by the OAU in Nairobi, Kenya, in June 1981 and entered into force in October 1986. The ACHPR is also called the Banjul Charter because the Commission that implements the Charter is based in Banjul, capital of The Gambia. 5. African Charter on Democracy, Elections and Governance was adopted by the 80th Ordinary Session of the Assembly of Heads of States and Government of the African Union in Addis Ababa on January 30 2007. 6. AfricaEU Partnership on Democratic Governance and Human Rights was signed to create a comprehensive continent-to-continent dialogue and cooperation on aspects and concepts such as local capacity strengthening, the protection of human rights and fundamental freedoms for all, democratic principles and the rule of law. etc.

119

MODULE 2

SESSION FOUR
GOVERNANCE AND ANTI-CORRUPTION

Objective

To provide a general overview of governance and anti-corruption and their implications for preventing conflicts Training Resources: Flipchart, markers Duration: 30 minutes Methodology: Mini lecture, role lay. Facilitators Note: 1. Give a general overview of good governance and its role in anti-corruption; 2. Ask participants to brainstorm on how good governance can combat corruption; 3. Write responses on flip chart; 4. Use responses to facilitate mini lecture; (distribute hand-out ECOWAS protocol on the fight against corruption) 5. Introduce participants to Anti-corruption structures in West Africa 6. Request for volunteers from the participants and assign them roles in the role play to depict how corruption can undermine governance and fuel conflicts; 7. Highlight after the role play, the important factors in the story such as the following: How come the corruption plan was not detected? How can corruption be combated in the community, and what was the role of the community members in the corruption saga? Characters Volunteers 1. Councillor 2. Contractor 3. Chairperson of Elders Council 4. President of Youth Association 5. Deputy Youth Leader 6. Womens Leader 7. Nurse

MINI LECTURE: UNDERSTANDING THE ROLE OF DEMOCRATIC GOVERNANCE IN COMBATING CORRUPTION


Over the past two decades, efforts have been made to raise awareness about corruption and its negative effects on the welfare of nations and their peoples, especially its capacity to undermine governance. Corruption not only distorts economic decision-making, it also deters investment, undermines competitiveness and, ultimately, weakens economic growth. Indeed, there is evidence that the social, legal, political and economic aspects of development are all linked, and that corruption in any one sector impedes development in other sectors. Furthermore, corruption is a serious obstacle to effective governance and political stability. There is no single, universally accepted definition of corruption due to different economic, socio-cultural, political and legal factors that affect perceptions of what constitutes corruption in different jurisdictions and countries around the world. One school of thought holds that it is pointless to define corruption; instead, it is would be useful to list specific types of conduct or acts that constitute perceptions of the nature or meaning of corruption in different countries or settings. 444 120 Overview 1 MODULE 7 MODULE 2

There are many specific forms of corruption which can be clearly defined and understood, and they are the subject of numerous academic and/or legal definitions. Many are also criminal offences, although in some cases Governments and other stakeholders consider that specific Some Regional and forms of corruption are better dealt with by regulatory or civil law International Legal controls. Some of the more commonly encountered forms of Instruments on corruption are listed below.

Combating Corruption

BRIBERY - Bribery is the bestowing of a benefit in order to unduly influence an action or decision. It can be initiated by a person who seeks or solicits bribes or by a person who offers and then pays bribes. Bribery is probably the most common form of corruption known. Definitions or descriptions appear in several international instruments, in the domestic laws of most countries and in academic publications. Politicians, regulators, law enforcement officials, judges, prosecutors and inspectors are all potential targets for public sector bribery.

1. ECOWAS Protocol on the fight

against Corruption was adopted

at the 25th Summit of the Heads Community.

of States and Government of the

2. South Africa Development

Commission (SADC) Protocol

against Corruption was adopted

at the Summit of the SADC EMBEZZLEMENT, THEFT AND FRAUD - In the context of Heads of State and Government. corruption, embezzlement, theft and fraud all involve the taking or 3. African Union Convention on conversion of money, property or valuable items by an individual Preventing and Combating who is not entitled to them but, by virtue of his or her position or Corruption: adopted in Maputo employment, has access to them. In the case of embezzlement and on July 11 2003 at the 2nd theft, the property is payments in exchange for a favour or a person Ordinary Session of the seeking a favour can extort it from the official by making threats Assembly of the Union. taken by someone to whom it was entrusted. Fraud, however, 4. United Nations Convention consists of the use of false or misleading information to induce the against Corruption was adopted owner of the property to relinquish it voluntarily. For example, an by the United Nations General official who takes and sells part of a relief donation or a shipment of Assembly (Resolution 58/4) and food or medical supplies would be committing theft or entered into force on December embezzlement; an official who induces an aid agency to oversupply 14, 2004. aid by misrepresenting the number of people in need of it is committing fraud. As with bribery and other forms of corruption, many domestic and international legal definitions are intended to form the basis of criminal offences. Thus, they include only those situations involving a public official or where the public interest is crucially affected. "Theft", per se, goes far beyond the scope of corruption, including the taking of any property by a person with no right to it.

Blantyre, Malawi in August 2001

EXTORTION - Whereas bribery involves the use of payments or other positive incentives, extortion relies on coercion, such as the use or threat of violence or the exposure of damaging information, to induce cooperation. As with other forms of corruption, the "victim" can be the public interest or individuals adversely affected by a corrupt act or decision. In extortion cases, however, a further "victim" is created, namely the person who is coerced into cooperation. While extortion can be committed by Government officials or insiders, such officials can also be victims of it. ABUSE OF DISCRETION - In some cases, corruption involves the abuse of discretion, vested in an individual, for personal gain. For example, an official responsible for Government contracting may exercise the discretion to purchase goods or services from a company in which he or she holds a personal interest or propose real estate developments that will increase the value of personal property. Such abuse is often associated with bureaucracies where there is broad individual discretion and few oversight or accountability structures, or where decision making rules are so complex that they neutralise the effectiveness of any accountability structures that do exist. 121 MODULE 2

FAVOURITISM, NEPOTISM AND CLIENTELISM - Generally, favouritism, nepotism and clientelism

involve abuses of discretion. Such abuses, however, are governed not by the self-interest of an official but the interests of someone linked to him or her through membership of a family, political party, tribe, religious or other group. If an individual bribes an official to hire him or her, the official acts in self-interest. If a corrupt official hires a relative, he or she acts in exchange for the less tangible benefit of advancing the interests of family or the specific relative involved (nepotism). Developing and implementing an effective national, regional and international anti-corruption strategy requires the successful merger of "universal" elements and the coordination and integration of many disparate factors, namely those that have proved effective against corruption regardless of where it occurs, and elements that take into account country-specific circumstances. Elements must be integrated internally to form a single, unified and coherent anti-corruption strategy and externally with broader national efforts to bring about the rule of law, sustainable development, political or constitutional reforms, major economic and criminal justice reforms. An integrated approach will be: fact-based; transparent; simultaneously non-partisan and multipartisan; inclusive; comprehensive; impact-oriented; and flexible. Country-specific considerations will include problems that may be unique to the country involved plus other national variables such as:

Legal or constitutional constraints; The nature of the political and legislative structures; The extent to which the media, academic sources and other elements of civil society are willing and able to participate in the strategy; and The availability and extent of domestic and other resources.

Anti Corruption Commissions

Across West Africa, States are establishing institutions dedicated to fighting corruption. These institutions vary from country to country and have had varied impacts on society. Nigeria an Sierra Leone provide good examples of such institutions.

Profile of the Economic and Financial Crimes Commission of Nigeria

The preponderance of economic and financial crimes like Advance Fee Fraud (419), and Money Laundering, has had severe negative consequences on Nigeria, including decreased Foreign Direct Investments in the country and tainting of Nigeria's national image. The menace of these crimes and the recognition of the magnitude and gravity of the situation led to the establishment of the Economic and Financial Crimes Commission (EFCC). The legal instrument backing the Commission is the EFCC (Establishment) Act 2002. The Commission has high Ievel support from the Presidency, the Legislature and key security and law enforcement agencies in Nigeria.The commission has five regional offices including a head office. The most common way of accepting cases by EFCC is through a petition written by an individual or organisation. The petition will be evaluated and if the case falls within the purview of the commission's mandate, it will be accepted for investigation and possibly prosecution. Petitions that do not fall within the purview of the commission are sent to the appropriate agency, be it the Nigeria Police Force, Securities and Exchange Commission (SEC), Independent Corrupt Practices and other related offences Commission, Central Bank of Nigeria (CBN), etc. Members of the public can also send complaints electronically to the commissions email address. The Operations unit is the investigative arm of the EFCC headed by the Director of Operations. The various sections under the Unit include:

Advanced Fee Fraud Economic Governance Bank Fraud General Investigation MODULE 2

122

Profile of the Anti Corruption Commission of Sierra Leone

On 3 February 2000 the Sierra Leone Government enacted the Anti-Corruption Act. This paved the way for the founding of the Anti-Corruption Commission (ACC) which came into being on 1 January 2001 with the assistance of the United Kingdom's Department for International Development (DFID). The ACC is tasked to counter the ever increasing corruption in Sierra Leone and will pay particular attention to corrupt payments to government officials and the misappropriation of public and donor funds. There are three departments; Community Relations, Corruption Prevention and Investigations. There are three Directors of Departments plus thirty professional staff including expatriate officers experienced in various aspects of anti-corruption work. The Community Relations Department works with local committees and organizations to promote the work of the Commission and educate the public on the evils of corruption. This is being achieved through various activities, including radio and television programmes, integrity clubs, seminars and drama presentations. The Corruption Prevention Department undertakes studies of procedures in government departments with a view to putting in place practices and procedures that will reduce or prevent corrupt opportunities. The Report Centre receives complaints from the public, which are then considered by the Senior Management Team and allocated to the appropriate department within the Commission, or referred elsewhere. The Research Wing develops information received from the public and other sources. Investigations Department has the task of conducting enquiries into allegations of corruption with a view to prosecuting those against whom creditable evidence is obtained. All cases where evidence of corruption is found are forwarded to the Attorney General for his decision on whether or not to prosecute.

123 MODULE 2

D e m o c r a t i c G o v e r n a nMODULE 2 ce 116

Role Play
Kokori Inland is a community located in Ethiope East Local Government Area of Delta State, Nigeria. The government of Delta State in collaboration with the local government has just released a white paper on the award of contract to build a twenty-seater bed primary health care to cater for the medical needs of the community to be completed within 12 months. In the white paper presented, the name of the contractor was not mentioned. The local government chairman and secretary for works has called for a meeting with the local councillor representing Kokori Inland to discuss the project and methodology for implementing the project. After an extensive discussion, the councillor was mandated to meet with elders and youths of the community and inform them about the project and when it would commence. The meeting with the community went very well but for some reason, the president of the community youth association was not part of the meeting and when he inquired why such a high profile meeting was held without his knowledge, he was informed that the youth association was well represented and that his lieutenants would brief him. After 15 months, the community health centre was built and was ready for commissioning. On the day of the commissioning, while the ceremony was on, the Power Holding Company of Nigeria (PHCN) interrupted electricity supply. The apparently brand new 15KVA generator set installed for the community healthcare centre also failed to work. It took the intervention of local mechanics from the community who worked for over 45 minutes for electricity to be restored. After that incident, many people in the community began to view the primary healthcare with suspicion. The situation got worse with a plethora of complaints about the very sub-standard equipments and the quality of medical personnel at the centre. On November 13 2005, the child of one of the community leaders was rushed to the health centre due to high fever. In attempting to administer an injection on the child, the needle broke twice and the third syringe actually got broken right inside the arm of the child, and while she was screaming in pain, she was rushed to the city because they could not get the needed equipment to remove the broken needle. She unfortunately died before they got to the city. When the news of her death got to the community, the youth president and some members of the youth association went on rampage. The first casualty was the house of the councillor representing the community. The next was the chairperson of the elders council and the deputy youth leader. Before long, the whole community was involved in heavy fighting with loyalists of the different camps. In the end, the primary healthcare facility was also destroyed. (This story is for illustrative purposes only; the event described above is for the purpose of knowledge transfer only).

124 MODULE 2

D e m o c r a t i c G o v e r n a nMODULE 2 ce 117

SESSION FIVE
ENGAGING EFFECTIVELY

Objectives

To provide an understanding of what it takes to engage effectively in democratic governance. To teach the requisite strategies, skills and know-how for making changes that are effective in this process. Training Resources: Flipchart, markers. Duration: 30 minutes Methodology: Case Study, Mini lecture, Role Play Facilitators Note: 1. Present case study to underscore the need for effective engagement; 2. Use case study to introduce mini lecture; Case Study Part 1: Describe the desire of the President and some of his aides to, against the popular wish of the Nigerian people and the spirit of the Constitution, elongate his tenure. Case Study Part 2: Critically analyse the role played by the different actors in aborting the third term agenda. Case Study Part 3: What lessons can be learned from this scenario? What implications does it hold for strengthening democracy in Africa? 3. Request for 10 volunteers for the role play.

MINI LECTURE: ENGAGING EFFECTIVELY


Voice and agency are very often used when discussing governance from a rights-based perspective. This stems from the argument that citizens input into policy making is as fundamental a right as, for instance, the right to live. Whereas voice has to do with peoples perceptions and citizens views, agency has to do with the mobilising of citizens voice, creating space for its expression, and using it to demand accountability from the government. Voice and agency are often suppressed during authoritarian regimes. When this happens, conflict is inevitable. In some cases, citizens or the groups representing them need to negotiate the space to express voice and exercise agency. This requires clarity in communication, knowledge of the issues as well as the ability to identify already existing spaces and taking advantage of them.

Some of the ways in which citizens can engage the governance process include: Policy dialogues; Media advocacy; Town hall meetings; Participatory action research; Community scorecarding; Monitoring and tracking of specific thematic issues (e.g. specific budgetary allocations, specific commitments made by national governments at international level).

125 D U L E 2 MO

MODULE 2 Democratic Governance 118

CASE STUDY
The Third Term Agenda

In 2005, about two years to the expiration of the final term of former President General Olusegun Obasanjo of the Federal Republic of Nigeria, the President and some of his aides launched a bid to extend the tenure of the President at the federal level and Governors at the state level by proposing an amendment to Section 137 of the 1999 Constitution of the Federal Republic of Nigeria. When the citizens of Nigeria got wind of this agenda, they mobilised against it. Different Coalitions and Networks such as the National Civil Society Coalition Against the Third Term Agenda (NACATT) were formed among the civil society groups. The Nigeria Bar Association (NBA) also commenced a series of advocacy discussions on this dangerous precedent and its unconstitutionality. Also, during the parliamentary debate on the proposed amendment of the Constitution, some of the electronic and print media, notably the African Independent Television (AIT), elected to beam the debate live in order to create the capacity for Nigerians to actively evaluate what their representatives in the National Assembly were saying. At the end of the Constitutional amendment exercise by the National Assembly, the inglorious third term agenda was killed and buried, and the resolve of the Nigerian people prevailed. Former President Olusegun Obasanjo could not secure the constitutional backing for tenure elongation and, as such, could not take part in the 2007 general elections. Therefore, he had to vacate the Presidential Villa, much against his desire and bid.

Role Play:
Volunteers should sit in a horse-shoe or u- shaped position. The volunteer at the beginning of the table should whisper some simple information to the person next to him or her. The information should be passed round one by one from each volunteer to the other until it goes round the entire U shape. The last person in the circle should announce to the entire group what information he or she received. It is likely that the original information passed on by volunteer number one would have been modified by the time it gets to the last person. Identify at what point the information was distorted and why. The role play above aims to underscore the importance of clarity in communication in an engagement process. This is critical because engagement is a means to an end and not an end in itself. As such, not every action taken is strategic in the sense that such action may not contribute to the achievement of the end goal. In addition to clear communication, it is important to consider the following questions:

What issue(s) are being addressed? What changes are to be achieved eventually? Which law and policy frameworks address the issues? What should happen before the end goal is realised? Which government institutions can influence or decide the change? Which other groups or persons (locally and internationally) can add value to the case? How can they be engaged in the process? (Networking and Bridge-building)

MO 126 D U L E 2

D E M O C R A T I C G O V E R N A N MODULE 2 CE 119

HANDOUTS

127 MODELS 2

MODULE 2 Democratic Governance 120

ECOWAS Protocol on the fight against corruption


Preamble We, the Heads of State and Government of the Member States of the Economic Community of West African States (ECOWAS). Considering that the aims and objectives of the Community are to achieve the integration of its members; Mindful of the provisions of Article 5 of the revised Treaty calling on Member States to take all necessary measures to harmonise their strategies and policies and to refrain from any action that may hinder the attainment of the said objectives; Recalling the provisions of Articles 48 and 49 of the Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peace keeping and Security that call on ECOWAS Member States to eradicate corruption and adopt measures for combating money laundering and to promote transparency, accountability and good governance within their territories; Conscious of the grave consequences of corruption on investment, economic growth and democracy; Convinced that transparency and good governance strengthen democratic institutions; Recognising the role of States in the prevention and suppression of corruption; Convinced that the success of the fight against corruption requires sustained cooperation in criminal matters; Mindful of the ECOWAS Convention on Mutual Assistance in Criminal Matters and the Convention on Extradition; Expressing satisfaction at the efforts of the United Nations Organisation, as well as the global efforts of international, regional and non-governmental organisations in the fight against corruption; Convinced of the need to adopt preventive and suppressive measures to combat corruption and more particularly to take appropriate measures against persons who engage in acts of corruption in the exercise of their public and private functions; Resolved to join the efforts of our States in the fight against corruption;

Have agreed as follows:


Definitions Public official(s) means any person who has been selected, appointed or elected and who performs public functions on a permanent or temporary basis. Public function means any temporary or permanent, paid or honorary activity, performed by a natural or legal person in the name of the State or under its direction, control, and authority. The term State comprises the national, provincial, regional, local, and municipal levels and other public agencies. Assets means property of any kind, whether moveable or immovable, tangible or intangible, and any document or legal instrument demonstrating, purporting to demonstrate, or relating to ownership or other rights pertaining to such assets. Legal person(s) means any entity having such status under the applicable national law and includes other public bodies and public international organisations. Treaty means the revised ECOWAS Treaty dated 24 July 1993 and includes any amendments thereto; Member State(s) means a Member State of the Community as defined in paragraph 2 of Article 2 of the Treaty; Authority means the Authority of Heads of State and Government of ECOWAS established by Article 7 of the Treaty; Council means the Council of Ministers established by Article 10 of the Treaty; Executive Secretary means the Executive Secretary of ECOWAS appointed in accordance with the provisions of Article 18 of the Treaty; 128 MODULE 2

Article 1

State Party or State Parties means States which have acceded to this Protocol and includes ECOWAS Member States; Foreign Public Official means any person exercising a public function in enterprises or a public establishment in another Member State; Community Court means the Community Court of Justice established pursuant to Articles 6 and 15 of the Treaty; Predicate offence, means any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in Article 6 of this Protocol.

Article 2

Aims and Objectives The aims and objectives of this Protocol are: i. To promote and strengthen the development in each of the State Parties effective mechanisms to prevent, suppress and eradicate corruption; ii. To intensify and revitalize cooperation between State Parties, with a view to making anti-corruption measures more effective; iii. To promote the harmonisation and coordination of national anticorruption laws and policies.

Article 3

Scope 1. This Protocol shall be applicable whenever an act of corruption is committed or produces some effects in a State Party. 2. This Protocol shall also be applicable whenever a national institutional system fails to provide the most basic preventive measures enumerated in Article 5 below.

Article 4

Jurisdiction 1. Each State Party shell adopt the necessary measures to exercise its jurisdiction in respect of criminal offences established in accordance with Articles 6, 7 and 12 of this protocol as long as: a) the criminal offence was committed in its territory; b) the criminal offence was committed by one of its nationals or by a permanent resident. 2. A State Party in whose territory an alleged offender is found, and which does not extradite such person in respect of an offence to which the ECOWAS Convention on Extradition applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seek in extradition, be obliged to submit the case without undue delay to it competent authorities for the purposes of prosecution. 3. Each State Party shall review its legislation with a view to ascertaining whether its current basis for jurisdiction is effective in the fight against the bribery of foreign public officials, and where it is not, it shall take appropriate remedial measures. 4. State Parties shall consult when more than one State Party asserts jurisdiction with a view to determining the most appropriate jurisdiction for prosecution.

Article 5

Preventive Measures In order to realise the objectives set out in Article 2 above, each State Party shall take measures to establish and consolidate: a. National laws, ethical guidelines, regulations and codes of conduct that would eliminate conflicts of interest, emphasise methods of recruitment based on merit and provide thorough measures aimed at guaranteeing reasonable standards of living; b. Transparency and efficiency in the procurement and disposal of goods, works and services and in the recruitment of personnel into the public service; c. Laws and other measures deemed necessary to ensure effective and adequate protection of persons who, acting in good faith, provide information on acts of corruption; 129 MODULE 2 MODULE 2 Democratic Governance 122

d. Laws and regulations aimed at discouraging corruption of national and foreign officials; e. Participation of civil society and Non-Governmental Organisations (NGOs) in efforts to prevent and detect acts of corruption; f. Revenue collection systems that eliminate opportunities for corruption and tax evasion and provide for regulations which require companies and organisations to maintain adequate financial books and records and adhere to internationally accepted standards of accounting; g. Policies that oblige public officials to disclose assets, liabilities and copies of their income tax returns. The disclosure rules should be extended to at least the spouses and dependent children of the public officials. Provisions should make to ensure that the information provided shall not be misused; h. Specialised anti-corruption agencies with the requisite independence and capacity that will ensure that their staff receive adequate training and financial resources for the accomplishment of their tasks; i. Freedom of the press and the right to information; and j. Policies to ensure that public officials do not take official decisions related to private business in which they have an interest.

Article 6

Acts Of Corruption 1. This Protocol shall be applicable to the following acts of corruption: a. a public official demanding or accepting, either directly or indirectly through a third party, any object of pecuniary value such as a gift, offer, a promise or an advantage of any nature, whether for himself or for another person, in exchange for an act or an omission in the discharge of his duties; b. offering or giving a public official, either directly or indirectly, any object of pecuniary value such as a gift, a favor or an advantage, whether for himself or another person, in exchange for an act or an omission in the discharge of his duties; c. Any person who promises to offer or to grant directly or indirectly any undue advantage to any person who declares or confirms that he can exercise some influence on decisions or actions of persons occupying positions in the public or private sector, whether or not this influence had been exercised or not, or whether the supposed influence had the desired result or not; d. any person who declares or confirms that he can exercise some influence on decisions or actions of persons occupying positions in the public or private sector, whether the influence is used or not, and whether or not the supposed influence had the desired result; and asking for or accepting directly or indirectly any undue advantage from whatever quarters; e. a public official diverting from its initial purpose, either for his own benefit or for the benefit of another person, any assets, whether moveable or immoveable, or deeds and securities belonging to the State, an independent agency or an individual, given to the public official by virtue of his position and for the needs of the State for safe-keeping and for other reasons. 2. Each State Party shall adopt necessary legislative and other measures to make the acts of corruption enumerated in this Protocol criminal offence. 3. This posit that; a. A significant increase in the assets of a public official that he cannot reasonably explain in relation to his lawful earnings shall be considered an illicit enrichment and an act of corruption for the purposes of this Protocol among those State Parties for which it is a criminal offence. b. Any State Party, for which illicit enrichment is not an offence, shall, provide such assistance to and cooperation with the other State Parties. 4. Each State Party shall adopt necessary legislative and other measures to establish as offences liable to criminal or other sanctions the following acts or omissions, in order to commit, or conceal the offences referred to in this Protocol: a. Creating or using an invoice or any other accounting document or record containing false or incomplete information. b. Unlawfully omitting to make a record of payment.

130

MODULE 2

5.

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts: a. Promising to offer or giving public officials or employees of companies of the private sector, either directly or indirectly to themselves or to third parties, in order to carry out or abstain from carrying out an action in violation of their functions; b. Public officials or employees of companies of the private sector, asking for or receiving, directly or indirectly, bribes for themselves or third parties, in order to carry out or refrain from carrying out an action in contravention of their duties. 6. Each State Party shall adopt necessary legislative and other measures to establish as criminal offences act of aiding and abetting in any of the criminal offences established in accordance with this Protocol. 7. This Protocol shall also be applicable by mutual agreement between two or several State Parties, to any other act of corruption which is not included in these provisions. Laundering of proceeds of corruption and similar criminal offences 1. Each State Party shall adopt, in accordance with the fundamental principles of its national law, such legislative and other measures as may be necessary to establish as criminal offences: a. i. The conversion or transfer of assets, knowing that such assets are the proceeds of crime, for the purpose of concealing the illicit origin of the assets or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action; ii. The concealment of the true nature, source, location, disposition, movement or ownership of or rights with respect to assets, knowing that such assets are the proceeds of crime; b. Subject to the basic concepts of its legal system: The acquisition, possession or use of assets, knowing at the time of receipt, that such assets are the i. proceeds of crime; ii. Participation in, association with or conspiracy to commit, attempts to commit, aiding and abetting in facilitating and concealing the commission of any of the offences established in accordance with this article. 2. a. Each State Party shall seek to apply paragraph 1 of this Article and consider as predicate offences, those acts stipulated in articles 6, 7 and 12 of this Protocol; b. For purposes of sub-paragraph (a), predicate offences shall include offences committed both within and outside the jurisdiction of the concerned State Party. However, offences committed outside the jurisdiction of a State c. Party shall constitute predicate offences only where the relevant conduct is a criminal offence under the domestic law of the State Party implementing or applying this Article had it been committed there. If required by fundamental principles of the national law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offences; d. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.

Article 7

Article 8
1.

Protection of witnesses Each State Party shall take appropriate measures within its means to provide effective protection to witnesses in criminal proceedings who give testimony concerning offences covered by this Protocol from potential retaliation or intimidation and, as appropriate, for their relatives and other persons close to them. The measures envisaged in paragraph 1 of this Article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process: 2. a. Establishing procedures for the physical protection of such persons, such as to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons; 131 MODULE 2

a. Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means. 3. State Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article. 4. The provisions of this article shall also apply to victims insofar as they are witnesses.

Article 9

Assistance and protection of victims 1. Each State Party shall take appropriate measures within its means to provide assistance and protection to victims of offences covered by this Protocol, in particular in cases of threat, retaliation or intimidation. 2. Each State Party shall establish appropriate procedures to provide access to compensation and restitution for victims of offences covered by this Protocol. 3. Each State Party shall permit the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings in a manner not prejudicial to the rights of the defense.

Article 10

Sanctions and measures 1. Each State Party shall provide, in respect of those criminal offences established in accordance with this Protocol, effective, proportionate and dissuasive sanctions and measures, including, when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition. 2. Each State Party shall ensure that legal persons held liable in accordance with Article 11, shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions. 3. Each State Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences established in accordance with this Protocol, or assets the value of which correspond to such proceeds.

Article 11

Liability of legal persons 1. Each State Party shall adopt such measures as may be necessary, and consistent with its legal principles, to establish the liability of legal persons for participation in offences established in accordance with articles 6, 7 and 12 of this Protocol. 2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative. 3. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences. 4. Each State Party shall, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions, disqualification from commercial activities, judicial winding-up orders, and placements under judicial supervision.

Article 12

Acts of corruption concerning foreign public officials 1. Each State Party shall prohibit and punish the act of offering or giving to a foreign public official, either directly or indirectly, any object of pecuniary value such as gifts, promises or favors, to compensate the public official for an act or an omission in the exercise of his official functions. 2. State Parties that have enacted laws making transnational corruption a criminal offence shall, for the purposes of this Protocol, consider such an act as an act of corruption while State Parties which have not passed such laws shall provide the necessary assistance and cooperation set out in this Protocol.

132

MODULE 2

Article 13

Seizure and forfeiture 1. Each State Party shall adopt measures, where necessary, that would permit: a. The competent authorities to identify locate and seize assets or items for eventual forfeiture; b. The forfeiture of proceeds from crimes established in accordance with the provisions of this Protocol or other assets whose value is equal to the value of the crime. 2. In order to implement the measures referred to in this Article, each State Party shall empower its courts to order the surrender or seizure of bank, commercial or financial documents and shall not invoke banking secrecy in order to refuse the assistance requested by another State Party. 3. The requesting State Party shall undertake to use the information provided only for the purposes for which it was required. 4. In accordance with their national laws, treaties and other relevant agreements, State Parties shall assist each other in the identification and seizure of the assets or items acquired or used in committing the crimes. 5. Subject to its national laws, a State Party may transfer all or a part of the assets specified in the first paragraph of this Article to another State Party which has assisted it in carrying out investigations or prosecuting the crime.

Article 14

Extradition 1. The criminal offences which come under the scope of application of this Protocol shall be considered as crimes leading to extradition and as forming part of the ECOWAS Convention on Extradition and any other extradition Treaties existing between the parties. The parties undertake to include such crimes in all extradition Treaties as crimes that may lead to extradition. 2. A State Party which receives an extradition request from another State Party with which it has not entered into any extradition treaty may consider this Protocol as the legal basis of its request in relation to offences which fall within the context of this Protocol. 3. State Parties, which do not require the existence of a Treaty before they execute an extradition order, shall recognise the crimes established in accordance with the provisions of this Protocol as crimes leading to extradition. 4. The extradition shall be carried out in accordance with the provisions of the laws of the requested State Party or of the extradition Treaties in force, including reasons for which the requested State Party is rejecting the extradition request. 5. Where the extradition request submitted in accordance with the provisions of this Protocol is rejected on the basis of the nationality of the person whose extradition is sought or because the requested State feels it is competent to handle the matter, the requested State shall hand over the case to its competent authorities as soon as possible, except where other arrangements have been concluded with the requesting State Party, and shall inform the requesting State Party promptly of the outcome.

Article 15

Mutual legal assistance and law enforcement cooperation 1. In accordance with the provisions of their national legislation and the Treaties in force, State Parties undertake to assist each other by expediting action on requests submitted by competent authorities and to take necessary measures to facilitate the procedures and formalities relating to investigation and prosecution of acts of corruption. 2. State Parties undertake to assist each other as much as possible in the area of law enforcement cooperation so as to strengthen measures to prevent, detect and suppress acts of corruption. 3. The provisions of this Protocol shall not in any way affect the bilateral and multilateral Treaties which govern mutual assistance in criminal matters. No provision of this Protocol shall be considered as

133 MODULE 2

D e m o c r a t i c G o v e r n a nMODULE 2 ce 400

4.

5.

6.

7.

8.

denying a State Party the right to favor the forms of mutual assistance set out in its national laws in its dealings with another State Party. State Parties shall consider concluding bilateral or multilateral agreements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more State Parties, the competent authorities concerned may establish joint investigative bodies. In the absence of such agreements, joint investigations may be undertaken by agreement on a case-by-case basis. The State Parties involved shall ensure that the sovereignty of the State Party in whose territory such investigation is to take place is fully respected. If permitted by the basic principles of its domestic legal system, each State Party shall take the necessary measures to allow for the appropriate use of other special investigative techniques, in accordance with its domestic laws. For the purpose of investigating the offences covered by this Protocol, State Parties shall conclude, when necessary, appropriate bilateral or multilateral agreements for using such special investigative techniques. In the absence of an agreement or arrangement as set forth in paragraph 6 of this Article, decisions to use such special investigative techniques at the international level shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and agreements with respect to the exercise of jurisdiction by the State Parties concerned. State Parties shall not decline mutual legal assistance on the basis of Bank secrecy.

Article 16

Central authority Within the framework of the cooperation and mutual assistance established in this Protocol, each State Party 1. shall designate a Central Authority. The Central Authorities shall be responsible both for formulating and receiving the requests for 2. cooperation and assistance set out in this Protocol. They may establish direct lines of communication between themselves.

Article 17

Application in time Acts of corruption committed before the entry into force of this Protocol may, at the request of State Parties, 1. form the basis of judicial cooperation, on condition that national and international standards in the area of extradition are respected. 2. This provision shall in no way affect the non-retroactive nature of criminal law.

Article 18

Harmonisation of national legislation 1. State Parties undertake to develop and harmonise their national legislation with a view to realising the aims and objectives of this Protocol.

Article 19

Establishment of a technical commission 1. State Parties undertake to establish a Technical Commission, in accordance with the provisions of Article 22 of the revised ECOWAS Treaty, which shall be called the Anti-corruption Commission. The Commission shall: a. Monitor the implementation of this Protocol both at the national and sub-regional levels; b. Gather and disseminate information among State Parties; c. Regularly organise relevant training programmes; d. Provide State Parties appropriate additional assistance.

134 MODULE 2

MODULE 2 Democratic Governance 400

2. The Technical Commission shall comprise experts from the Ministries in charge of Finance, Justice, Internal Affairs and Security of States Parties. 3. The Technical Commission shall meet at least twice every year. 4. The Technical Commission shall establish an appropriate balance between the confidentiality and transparency of its activities, and its deliberations shall be conducted on the basis of consensus and cooperation amongst its members. 5. Reports of meetings of the Technical Commission shall be submitted to the Council of Ministers.

Article 20

Relations with other treaties This Protocol repeals all preceding provisions relating to acts of corruption in all bilateral Treaties existing between two States Parties.

Article 21

Notification In the course of application of the provisions of Articles 7, 13 and 18, the State Parties shall notify in advance, the Executive Secretariat of their domestic laws on these issues; which shall in turn inform the other State Parties.

Article 22

Ratification and entry into force This Protocol shall enter into force upon ratification by at least nine (9) signatory States, in accordance with their respective constitutional procedures.

Article 23

Depository authority and registration This Protocol and all instruments of ratification and accession shall be deposited with the ECOWAS Executive Secretariat which shall transmit certified true copies of this Protocol to all State Parties and notify them of the dates of deposit of the instruments of ratification and accession. The Executive Secretariat shall register this Protocol with the Organisation of African Unity, the United Nations Organisation and such other organizations as the Council may determine.

Article 24

Accession Any non-ECOWAS Member State may accede to this Protocol.

Article 25

Amendments and revision 1. Any State Party may submit proposals for the amendment or revision of this Protocol. 2. All such proposals shall be submitted to the ECOWAS Executive Secretariat which shall notify State Parties not later than thirty (30) days after the receipt of such proposals. Amendments or revisions shall not be considered by the Authority unless State Parties shall have been given at least three (3) months notice thereof. 3. The amendments or revisions adopted by the Authority shall be submitted for ratification by all State Parties in accordance with their respective constitutional procedures. They shall enter into force in accordance with Article 89 of the Treaty.

135 MODELS 2

D e m o c r a t i c G o v e r n a n MODULE 2 ce 128

Article 26

Denunciation 1. This Protocol shall be concluded for an indefinite period of time. It may, however, be denounced by any State Party. The instrument of denunciation shall be deposited with the Executive Secretariat. The Protocol shall cease to have any effect on State Parties that have denounced it one year after the instrument of denunciation has been deposited. 2. During the period of one year, the denouncing State shall continue to comply with the provisions of this Protocol and shall be bound by its obligations under this Protocol.

Article 27

Settlement of disputes 1. Any dispute which may arise between the State Parties regarding the interpretation or application of this Protocol shall be amicably settled through direct agreement. 2. Justice by a party to the dispute, a State Party or the Authority, and the decision of the Community Court of Justice shall be final.

136 MODULE 2

MODULE 3 Democratic Governance 129

Module
COMMUNITY PARTICIPATION

137

MODULE 3 137

COMMUNITY PARTICIPATION
OVERVIEW This module offers participants an opportunity to consider the extent to which democracy can be enhanced by promoting more inclusive decisionmaking processes that empower ordinary citizens (women and men alike) to influence development planning. Participants are introduced to the concepts of community participation, good democratic governance, deliberation and dialogue. In each of the sessions, group work offers an opportunity for participants to engage in experiential learning, by applying their knowledge in skills-upgrading exercises. The module concludes with an exercise that allows participants to put their knowledge to work, by developing further community deliberation and dialogue action plans when they return to their communities. Objectives: The objectives of this module are to: Brief Profile of Module Developer: INSTITUTE FOR DEMOCRATIC GOVERNANCE (IDEG) The Institute for Democratic Governance (IDEG) was established in Ghana in 2000 as an independent, not-for-profit policy research and advocacy organisation with the following as its vision, mission, objectives and tools of operation. Vision: To become the leading Think Tank in Africa, accumulating and sharing knowledge for sustainable development and a free, just and prosperous society in Ghana and the rest of Africa. Mssion: To generate knowledge and enhance the capacity of citizens to influence public policy choices in order to consolidate democracy and good governance in Ghana and the rest of Africa. ACKNOWLEDGEMENTS The module was developed by the
Institute for Democratic Governance, Accra, Ghana Lead Developer: Dr. Lee Tlou

Promote an understanding of citizens participation at the community level; Enhance awareness about good democratic and deliberative governance; Create a deliberative culture for preventing conflict, building peace and promoting economic growth and equitable development.

Contributors: Ruby Quantson

138

MODULE 3

OVERVIEW OF SESSIONS

Community Participation
Contents/Sessions Materials Required Methodology Duration
Understanding Community Participation Flip charts, markers, pens, - What is a community? crayons, glue, natural item Presentation and group - Who is the public? (stones, leaves, etc),tape, work - What is participation (active & passive participation)? hand outs, scissors, etc Enhancing Good Democratic Governance through Public Deliberation -Understanding Governance Flip charts, notebooks, Mini lecture and break up groups pens, markers, hand outs Plenary Plenary, Mini lecture and group work

20 minutes 30 minutes 30 minutes 40 minutes 120 minutes

Creating a Deliberative Culture for Conflict Prevention Flip charts, markers, pens, notebooks, hand outs and Peace Building through Dialogue Consensus Building Flip charts, markers, pens, notebooks, hand outs Cumulative Training Time

MO 139 D U L E 3

Community Participation 131 MODULE 3

INTRODUCTION
Much has been written about the transformation from authoritarian to democratic systems of many West African countries. Assumptions of inclusion and participation by majority of people in decision-making abound because the concept of democracy suggests it. However, the reality is that much of the progress has been in the area of constitutional development, strengthening the branches of government and electoral participation. While some applaud this progress, others question the extent to which these state institutions incorporate a demand-driven public policy making agenda to improve the wellbeing of the population. Critics posit that community participation goes beyond recruiting officials to serve in the branches of government, per constitutional requirements. The challenge of democracy is ensuring the involvement of communities in political decision-making that: a) takes place within state boundaries (e.g. law enforcement, peace commissions, or tribunals, etc.) or outside the state machinery (e.g. political parties, civil society, the private sector, etc.); b) includes the participation of women who constitute half the population in the region and could enhance governance through the particular voice and experience; and c) includes the process of collectively setting local and national priorities and determining the allocation of local and national resources to promote peace and equitable development. A key strategy for addressing democratic gap in promoting community participation is public deliberation. This inclusive approach to decision-making is a technique that works effectively to build consensus and generate a demand-driven policy-making framework. This introductory-level module seeks to provide a conceptual and practical framework for understanding key concepts and doing work in the area of community participation and good democratic governance. It introduces deliberative tools (e.g. public deliberation and dialogue) to empower citizens at local levels to take decisions on how they may collectively act to promote peaceful approaches to economic growth and development in their communities. Towards this end, it is also important to stress gender sensitivity and gender participation in decision-making. Through an inclusive deliberative approach toward policy formulation, implementation, review of and update on development programs and resources allocation at local levels, community participation can minimise, if not prevent, conflict.

MODULES 3 140

C o m m u n i t y P a r t i c i p a t i oMODULE 3 n 132

SESSION ONE
UNDERSTANDING COMMUNITY PARTICIPATION
To build knowledge around the concept of community participation and to create awareness about the various forms that community participation take. Training Resources: Flipchart, markers. Duration: 25 Minutes Methodology: Plenary Session and Mini Lecture. Facilitators Note: 1. Emphasising the importance of learning from each other, ask participants to reflect upon and share their thoughts on the following questions:

Objective

What is community? What is the value of diversity in a community? What do communities need? What are community building activities? How do you contribute to building your community?

2. Provide participants with different coloured and shapes of paper to write on for display on a board or wall; 3. Press further by asking participants: What is participation? How do we see participation in our own communities? For what purpose(s) do people participate in their communities? Is it important to always have diversity when people participate in communities? 4. Write all responses on variously shaped coloured paper for display on a board or wall; 5. Proceed with the mini lecture on understanding community participation below; 6. In the course of the lecture, make references to relevant contributions that were made by participants; 7. Write all responses on a flip chart.

MINI LECTURE: UNDERSTANDING COMMUNITY PARTICIPATION

What is Community?

There is no consensus on the definition of community participation. However; many, like the World Bank , define community as a group of people (e.g., crop farmers, fishermen, fishmongers, teachers, religious groups, traditional authorities, hairdressers, livestock herders, etc.) living in a specific locality who are unified by common or shared interests. There are certain assumptions we make about communities, when using the above definition. These include the notion that:

Communities are made up of people who share broad development goals; Their social relations provide a framework for group cohesion and solidarity; and Those who are not part of the community are excluded. Community Participation MODULE 3 MODULE 3

444 141

While this set of assumptions imbedded in the definition suggests that people can easily arrive at agreements and consensus, it does little to address the inherent differences of views and interests that can destabilise peaceful coexistence and sow the seeds of conflict in many communities. For this reason, community is a complex phenomenon, whose dynamics are complicated when various groups within it seek to influence processes from their differing vantage points without building sufficient consensus.

What is Participation?

Stated simply, participation is about taking part or being involved in a process of decision-making, implementation, monitoring and evaluation of an action. There are, however, various levels at which average citizens or the public participate in such processes and they can range from active to passive participation. Active participation = voicing, voting, campaigning, networking, advocating. Passive participation = feelings of patriotism, regionalism, having awareness of political issues (voiceless). The participation of citizens, therefore, ranges from obvious to more subtle forms of involvement and include the following in the box below: Citizen Power: Includes citizen control and partnerships that enable people participate in joint analysis that can lead to action plans and formation of new local institutions and/or strengthening of existing ones. Tokenism: Involves processes such as information giving and consultation that allow citizens or the public to advise, while duty bearers continue to enjoy the right to decide. Non-Participation: Entails manipulation tactics that seek to educate the populace but do not allow the public to participate in planning. The relevance of participation to community is when citizens with a shared interest turn their action toward promoting a public good by:

What is Community Participation?

Maintaining relationships within a community; Fostering cooperation among individuals and groups; and Encouraging peaceful resolutions of disputes through public deliberation and dialogue.

With the above definitions, it becomes easier to appreciate the dimensions and levels of involvement in community participation. Some view community participation as associated with events that involve people/groups at various levels to address community issues. Others would say it is rather an approach to or a process of involving citizens in improving the lives of the members in their locality. Still others would describe community participation as a movement that respects the rights and responsibilities of citizens to identify and diagnose development problems in their community, with an aim at engaging proactively in designing, implementing and evaluating strategies to address them. Through community participation, a partnership often exists between stakeholders and entails a voluntary collaboration with diverse organisations at the community level that are working to pursue shared interests in improving community development. This strategy of including multiple voices and concerns of beneficiaries of development at local levels offers an alternative to traditional top-down development approaches. As a result, community participation is perceived as a credible, democratic and transparent way of promoting pro poor growth and development.

MO 142 D U L E 3

000 Community Participation MODULE 3

SESSION TWO
STRENTHENING COMMUNITY PARTICIPATION THROUGH PUBLIC DELIBERATION & DIALOGUE
To build knowledge of participants around the concepts of good governance and public deliberation; To upgrade participants skills in public deliberation, consensus-building, collective decision-making.

Objective

Training Resources

Flipchart, markers, handouts, small pieces of papereach labelled with types of community members (e.g., farmer, journalist, fishmonger, student, teacher, business person, healthcare professional, housewife, district assembly person, etc.).

Duration: 50 Minutes. Methodology: Plenary session, Mini lecture, Group work


1. In plenary present the mini lecture on Understanding Governance and solicit comments and questions from participants; 2. After the plenary, divide the participants into groups of 8-10 for the mock forum exercise; 3. In each group, pass around a basket containing the small pieces of paper and ask each participant to pick one: i. The name on the paper is the role each person must play; ii. Papers with nothing on them allow the participants to decide the role s/he wants to play; 4. Ask each group to: i. Decide on the issue facing the community; ii. Share the concerns surrounding the issue from the perspective of the role they picked; iii. Select a few options for addressing the issue; iv. Decide on a course of action that includes the involvement of a broad spectrum of community members/groups; v. Outline the follow-up steps; vi. Identify who in the community will do the work. 5. Explain that good role playing is determined by how well the views and concerns of the person picked is captured in the discussion and decision-making process of the group 6. Ask each group to choose a moderator, a recorder and a reporter 7. In plenary, spend 10 minutes at the close of the exercise for participants to share a few of their deliberative experiences and efforts to reach consensus on a community action. MINI LECTURE: GOOD GOVERNANCE AND PUBLIC DELIBERATION Good governance at local levels depends in large part on active community participation. The power of community participation is often felt when members engage in deliberative processes for setting the priorities and allocating the resources for development in their localities.

Facilitators Notes

143 MODULE 3

MODULE 3 Community Participation 135

Three definitions provide a framework for appreciating perspectives on good democratic governance. The first places emphasis on decision-making:

The process of decision-making, which defines expectations, grants authority or verifies performance. This has to do with goal setting and defining what needs to be done, how it is to be done as well as identifying those responsible for accomplishing set goals. The second goes beyond decision-making and includes implementation issues: A process of decision-making through which decisions are implemented or not implemented. Here, the actors not only make the decisions but also seek and/or are unable to ensure the execution of agreed upon policies. The third considers the extent to which decision-making impacts positively on the quality of peoples lives: A decision-making process that affects lives and livelihood of people. It is the art and skill of utilising political and collective power for the management of society at all levels (economic, social and political) from the smallest village to the nation.

Actors in Governance Various actors from the public sector, private sector and civil society are involved in governance processes and they include, for example: Government (local and/ or national) Provides direction and manages the political, social and economic development of society at various levels (e.g. districts, regions, nation). Traditional Authorities Advance positions that promote the sustainability and relevance of cultural traditions at community and national levels Associations of producers (farmers, fishermen, fishmongers, traders, entrepreneurs, etc) Such organisations solicit the interests of members and provide voice and action toward in decision-making process. Community Based Organisations (CBOs) and NGOs Promote positions that facilitate the implementation of programs and services that advance the common good. Teachers and School Administrators Provide inputs that advance basic social service delivery. Faith-based Organisations / Leaders Provide a moral compass for communities and offer inputs that promote the well-being of the community/nation. Financial Institutions Instruments of the financial regulatory system and may provide advice on measures to improve fiscal and/or monetary policies Political Parties Offer various approaches to addressing political, social and economic challenges facing communities and the nation. Military, Security Agencies Concern themselves with decisions about the safety and security of local communities and the nation Youth, students Serve as pool of potential future leaders and productive agents Media- Disseminates public information and can promote transparency Lobbyistsseek to secure the interests of particular groups 444 144 Community Participation MODULE 3 MODULE 3

International donors/development partners- provide various support for development of communities and nation; serve as key agents for integrating local politics and development into the global political economy Transnational and/or National Corporations- Influence direction and nature of economy in key economic sectors and integrate local production into the global economy. The channels through which various actors input into the decision-making process may include both formal (e.g. district assembly, consultative planning meetings, etc.) and informal structures (e.g., funerals, durbars, religious meetings, etc.). Enhancing Good Democratic Governance through Public Deliberation In the past two decades, a great deal of investment in time and money has been spent on strengthening the democratic machinery (i.e., constitutions, branches of government, electoral processes, media, etc.) of West African countries. Consolidating democracy, however, requires greater efforts at strengthening the deliberative aspect of democracy for decision making. It is through deliberative democracy or an inclusive, participatory discussion where citizens and communities come together to talk about issues with the objective of making choices for acting collectively to address problems, in order to achieve a shared vision. Deliberation is of technique of thinking about an issue before reaching a decision. It is a way of weighing the options before deciding to act. Public deliberation is, therefore, a process of discussing issues together, through which citizens and communities are empowered to define the problem from their differing viewpoints and to make collective choices for meaningful public action. It requires us, as citizens, to be political actors and to recognise that change will not arrive on its own, but through our collective initiatives Key Elements of Public Deliberation

A Variety of actors from different sectors of the community; An Issue that has been identified by community members as pressing; Forum facilitator who does not act as a chair but from a neutral position: Encourages others to speak to each other; Encourages others to listen to each other; Poses questions to probe deeply into the issue at stake; Makes sure that the discussion consider the tensions and tradeoffs on all the choices/options presented; Facilitates find common ground or building a consensus; Encourages participants to move from deliberation to action, if all the above is accomplished; Keeps track of time. A recorder (someone who takes notes of the forum); A reporter (someone who can organize information at the end of the forum and provide feedback to a larger group in the community).

145 MODULE 3

C o m m u n i t y P a r t i c i p a t i oMODULE 3 n 000

CASE STUDY

On 27th December 2007, Kenyans exercised their franchise by way of voting. Disputes regarding the results of the elections arose with devastating consequences. Various actors including Concerned Citizens for Peace, Kenya Private Sector Alliance, Peace and Development Network - Kenya, Maendeleo ya Wanawake representing Partners for Peace, and Federation of Kenyan Employers as well as representatives of conflicting parties came together to form part of the body that dialogued to help resolve this dispute. Representatives from various organisations worldwide formed part of this dialogue process to bring about the arrangement as seen today. Through deliberation and development of a common dialogue framework between citizens representing a wide range of community members, public choice making happens when discussions lead people to consider various positions and finding common ground on the strategic areas for addressing pressing community issues.

Group Work

Mock Community Deliberative Forums Put participants into groups of 8-10 people to play roles of community actors (e.g., fisherman, market woman, teacher, religious leaders, traditional authority, nurse, housewife, farmer, journalist, development worker, mining or oil industry worker, district assembly member, agricultural extension worker, etc) in a decision-making process; Each group should discuss an issue, by doing the following: Selecting a discussion facilitator (not a chairperson), who can ensure that: Someone records the discussion, so that feedback (from the reporter of the group) can be shared with community members/groups that were not part of the meeting; Differing community members' voices are heard and a variety of concerns about the issue are raised; Options for solving the issue are determined by group; Trade offs for each option are weighed; Common ground areas are identified; Follow-up steps are outlined for taking collective action.

146 444

Community Participation

MODULE 1 MODELS 3

SESSION THREE
CREATING A DELIBERATIVE CULTURE OF CONFLICT PREVENTION AND PEACE BUILDING THROUGH DIALOGUE
1. To create awareness about the importance of moving beyond deliberation among community members to dialogue between citizens and their representatives/public officials; 2. To outline plans for building consensus in our communities through public deliberation and dialogue, as means of preventing potential conflict and promoting sustained peace. Training Resources: Flipchart, markers, handouts. Duration: 45 Minutes Methodology: Plenary session, Mini lecture, Group work. Facilitators' Notes 1. In plenary, present the mini lecture on Moving from Deliberation to Dialogue and solicit comments and questions from participants, in order to clarify the concepts; 2. After the plenary, divide the participants into groups ; 3. Each group should outline a plan for convening deliberative forums that would be followed by dialogues. The plan should answer these questions: a. How will the community issue be identified or selected? i. Consider pressing issues that can potentially lead to conflict in the community; ii. Who can do research into the issue and produce information/fact sheets or infomercials on community radio? b. What are some criteria for selecting participants of the citizen forum on the identified/selected issue? c. What are the capacity needs of the community members and training required in order to hold the forum? d. Who will facilitate the forum and do they need additional training in deliberative techniques and consensus building? e. How will a position statement, informed by the common ground reached at the citizen forum, be developed? Who will do it? f. What steps will be taken to convene a dialogue on the identified issue with relevant decision makers? i. Outline a programme for the dialogue that includes brief presentations from various groups representing differing interests, so that common ground can be sought and consensus reached on what community action taken and/ or resources allocated; 4. In plenary, spend a few minutes sharing 1 or 2 plans and addressing concerns.

Objectives

MINI LECTURE: MOVING FROM DELIBERATION TO DIALOGUE


Deliberation is a discussion, which takes place between members of a community (e.g. citizens' forum), in order to find their common ground or position for making decisions and taking collective action to solve community problems (See Session II). Deliberation is a stepping stone that leads to dialogue between citizens and decision makers (e.g. district assembly members, members of parliament, representative of decentralised departments (e.g. education, health, etc.). 147 MODULE 3 MODULE 3 Community Participation 000

In Ghana, for instance, the Governance Issues Forums (GIF) program, a governance mechanism established by IDEG in 2005 at the local level, empowers ordinary citizens to network and come together and proactively engage their local representatives in the development processes affecting their communities. The Growth and Poverty Forum (GPF) is another IDEG -led platform that promotes dialogue on Ghana's national development policy between civil society, government and development partners. Dialogue is, essentially, the interface between countervailing sector or political actors (e.g. civil society and public sector; labour and business; ruling party and opposition groups; rival ethnic groups, gender activists and public sector actors, etc.). Dialogues offer an opportunity to hear the views (often position statements) of the respective groups, aimed at:

Sharing perspectives on where the community is with the issue (brief updates on what has been already done to address the issue); Presenting position statement of community members to decision makers; Reviewing the options; Reaching a consensus, in order to achieve a shared interest/vision; Setting priorities together; Determining the allocation of resources and/or power

Deliberation (among concerned citizens, in order to identify and frame their position) and dialogue (between contending actors) for addressing tensions and/or building peace in a community can be enhanced through the use of training sessions for various groups and organisations, the use of workshops and seminars to sensitise members of the community on how to get involved in these processes.

Group Work

A 10-Point Plan for Conflict Prevention and Peace Building Outline a plan of action which uses deliberation and dialogue (as discussed above) for addressing tensions, building peace or promoting equitable development in your community: 1. Outline how the community issue for the forums will be identified and by whom; 2. Consider the community research activities that will be required for generating facts about the issue; 3. Indicate how citizens forums will be prepared and organised for members to review the issue and weigh their options; 4. What activities will be required to prepare the position statement; 5. Outline what steps will be taken to prepare and convene the dialogue with public officials; 6. What kind of reports on the forums will be made and to whom will they be disseminated? 7. What resources (human, financial, physical, etc) and capacity development (training) are needed to implement the plan?

444 148

Community Participation

MODULE 3 MODULE 3

SESSION FOUR
Consensus Building
Objectives
1. To introduce learners to consensus building as a conflict prevention strategy 2. To enhance knowledge and skills on the importance of building consensus in community participation Training Resources: Flipchart, markers, handouts. Duration: 40 Minutes Methodology: Plenary session, Mini lecture, Group work. Facilitators' Notes Start the session with the ROLE PLAY Divide group into 3: Group 1 consists of one person; THE LEADER, Group 2 serves as THE COMMUNITY Group 3 serves as The Audience Give the Leader Sheet A Give the Community Sheet B (The contents of each sheet should not be revealed to the opposing group) Allow the leader to present the case and for a conversation to develop between the leader and the community. *Note the key learning point is to observe the process through which the leader will try and get support for the project. *Use the outcomes of the role to introduce the Mini Lecture *At the end of the Role Play. Read all positions to the audience. Ask the Audience what key lessons they learned in Consensus Building. Use the responses from the Audience to start the Mini Lecture

MINI LECTURE: CONSENSUS BUILDING

Consensus building (also known as collaborative problem solving or collaboration) is a conflict-resolution process used mainly to settle complex, multiparty disputes. The process allows various stakeholders (parties with an interest in the problem or issue) to work together to develop a mutually acceptable solution. Like a town meeting, consensus building is based on the principles of local participation and ownership of decisions. Ideally, the consensus reached will meet all of the relevant interests of stakeholders, who thereby come to a unanimous agreement. While everyone may not get everything they initially wanted, "consensus has been reached when everyone agrees they can live with whatever is proposed after every effort has been made to meet the interests of all stake holding parties

MO 149 D U L E 3

C o m m u n i t y P a r t i c i p a t i o n MODULE 3 1 000

Consensus building is important in today's interconnected society because many problems exist that affect diverse groups of people with different interests. As problems mount, the organizations that deal with society's problems come to rely on each other for help -- they are interdependent. The parties affected by decisions are often interdependent as well. Therefore it is extremely difficult and often ineffective for organizations to try to solve controversial problems on their own. Consensus building offers a way for individual citizens and organizations to collaborate on solving complex problems in ways that are acceptable to all. Consensus-building processes also allow a variety of people to have input into decision-making processes, rather than leaving controversial decisions up to government representatives or experts. When government experts make decisions on their own, one or more of the stakeholder groups is usually unhappy, and in the U.S. system, they commonly sue the government, slowing implementation of any decision substantially. While consensus building takes time, it at least develops solutions that are not held up in court. In addition, stakeholders always possess a wide range of understandings or perceptions of a problem. The consensus-building process helps them to establish a common understanding and framework for developing a solution that works for everyone. The process also fosters the exploration of joint gains and integrative solutions and permits stakeholders to deal with interrelated issues in a single forum. This allows stakeholders to make trade-offs between different issues, and allows the development of solutions that meet more peoples' needs more completely than decisions that are made without such widespread participation.

Stages of Consensus Building

Models of consensus building vary from three to ten stages, but all address the same set of fundamental issues. 1) Problem identification: This is the very initial stage where a problem is identified and a decision to consider trying consensus building as a resolution process is made. This decision may be made by one or more of the stake holders, or by a third party. 2) Participant identification and recruitment: Problems that are typically resolved through consensus building have multiple stakeholders. In addition to the obvious parties, there are often people who are "lurking" behind the scenes, but are not vocal, so they are not as visible. Yet they will be affected by the outcome of a decision, and might block a decision if it harms them. Thus, it is important to get such people involved and get their needs met. Legitimacy of representatives is a second key "stakeholder" issue. Conveners and the parties themselves must make sure that the people involved in the consensus effort really represent who they say they represent, and can speak for that group with legitimacy. 3) Convening: Actually convening the process involves several steps. They include securing funds, finding a location, and choosing a convener and/or mediator or facilitator. Securing Funds: Consensus building processes can be expensive, as they involve a lot of people over a long period of time, using multiple facilitators and mediators and often outside technical experts. Thus, significant sources of funds may be needed. Finding a Location to meet. The location usually should be "neutral," to ensure that all stakeholders feel safe and comfortable. Selecting a convener, facilitator, and/or mediator: A neutral third party is important to guide the discussions and reach CONSENSUS.

150 444

Community Participation

MODULE 3 MODULE 3

4) Process Design: This is usually done by the person or group acting as facilitators or mediators, although they usually involve the parties to some extent, sometimes to a large extent. At the least they will design a process, present it to the parties, and get their approval on it. Often, the parties will suggest modifications to the proposed process and negotiations will ensue. Decisions will be made, and a process, usually including ground rules for participant behavior will be set. Agenda setting is another key aspect of process design. The initial agenda must be made carefully so no legitimate stakeholders feel their interests are being ignored. It must also include a reasonable timetable. People should not feel rushed to make a decision, but they should also not feel as if the process is so slow that a decision will not be reached in a timely manner. 5) Problem definition and analysis. This goes much farther than the "problem identification" of step one. Rather it identifies all the issues, and all the ways the stakeholders have of "framing" or defining the problem(s) or conflicting issues. Typically, each stakeholder has different interests and concerns, and defines the problem somewhat differently. 6) Identification and evaluation of alternative solutions. Before the group decides on any single course of action, it is best to explore a variety of options or alternative solutions. This is extremely important in multiparty disputes, because it is unlikely that any single option will satisfy all parties equally. Parties should be encouraged to develop creative options that satisfy their interests and others'. As more options are explored, parties become able to think in terms of trade-offs and to recognize a range of possible solutions. 7) Decision making: Eventually, the choice is narrowed down to one approach, which is fine-tuned, often through a single negotiating text, until all the parties at the table agree. Thus consensus building differs from majority rule decision making in that everyone involved must agree with the final decision -- there is no vote. 8) Approval of the agreement: The negotiators then take the agreement back to their constituencies and try to get it approved. This is one of the most difficult steps, as the constituencies have not been involved in the ongoing process, and often have not developed the level of understanding or trust necessary to see why this is the best possible agreement they can get. 9) Implementation: This is the final phase of consensus building. Consensus building often results in creative and strong agreements, but implementing those agreements is an entirely separate task. If careful attention is not given to certain issues during the implementation phase, agreements may fall apart. These issues include building support with constituencies and others who are affected by the agreement, monitoring the agreement, and ensuring compliance. The consensus building group should be involved in this aspect of implementation to be sure that the agreement is being carried out as they envisioned. If it is not, or there are serious obstacles, the group can then come back together to solve new problems. Monitoring often involves some sort of formal structure or organization to be an effective method of solving future problems.

151 D U L E 3 MO

C o m m u n i t y P a r t i c i p a t i oMODULE 3 n 000

HANDOUTS

152 444

Community Participation

MODULE M O D U L E 33

SHEET A

THE LEADER HAS BEEN GIVEN A TASK TO IMPLEMENT A PROJECT CALLED Higher Education for all. The funds for this project is available but the criteria for disbursement states that THE LEADER has to get the support of all the different sectors of the community to receive the funds and implement the project. The community consists of the following groups: - Village Chief - Youth groups - Women groups - led by the Market Women's Association - Community Development Association - responsible for bringing development to the community - Religious groups - Led by the Imam and Pastor

The Leader is aware that the youth groups are favourable to this project as most of them would like to be educated. the Village is opposed The Leader is aware that the views ofChiefother groupstointhe idea of girls getting an education. the the community. The Leader is unaware of
SHEET B
THE COMMUNITY THE COMMUNITY has been invited to listen to a presentation about a new project could be implemented in their community CALLED Higher Education for all. They project will only be implemented if all members of the community are in support. The community is made up of: - Village Chief - The Chief likes the idea of the project but Village culture is that girls should not be educated so He has to take a stance against the education of Girls. However, his favourite child is his daughter and he would like to have her educated. He will hide his views until the others make their views clear...if there is support for the project, he will back it. Youth groups - The Youths in the Village are in full support of the proposed project. The want to become educated and get jobs like their friends in the cities. They have spoken to their mothers to support the project. Women groups - led by the Market Women's Association - The Women's groups like the idea of the project. Hopefully if their children get educated they would bring money back to assist them. Some of their children have urged then to support the project. However, some of the women, particularly the Market Women are worried that if their children get educated, they would no longer come to the market to help sell their wares Community Development Association - responsible for bringing development to the community - The CDA supports the opportunity of education but past educational projects implemented in neighbouring villages have taken young people from the villages...once educated they all want to move to the city. At that rate there would be no one to develop the village for the future. Religious groups - Led by the Imam and Pastor - The Religious groups are split over the proposed educational project. Education can open the door for immorality. Some believe that enlightenment is needed in the community. The group has agreed to listen to the presentation and make a decision based on that. Each member of the group should question the Leader based on the positions. Listen to the arguments of the Leader and shift positions based on how convincing the responses are. MO 153 D U L E 3 000 Community Participation MODULE 3

Post Workshop Follow-Ups


After the training workshop:

Develop the action plan further with your community members (e.g. within your organisation or coalition/network); Implement your action plan; Track the progress made in relation to the priorities set collectively in dialogue; Review and evaluate the process; Document the process and share with others; Organise follow-up collective action (e.g. follow-up meetings, dialogues) for sharing updates and resetting priorities and/or re-allocating resources/power within the community.

154 444

Community Participation

MODULE 3 MODULE 4

Module
SECURITY SECTOR REFORM

155

MODULE 4 155

SECURITY SECTOR REFORM


OVERVIEW
This module provided an elaborate conceptual clarity for the understanding of SSR. It provides practical skills on understanding an assessing an SSR process. The module identified actors in relationship between SSR, Gender and conflict prevention. Challenges to an SSR process are well captured. Brief Profile of Module Developer: Kofi Annan International Peacekeeping Training Centre (KAIPTC). KAIPTC is West Africa's Operational Level Focus for Integrated Peace. Support Operations, Conflict Prevention and Peace Studies. The Centre delivers training courses to military and civilian personnel involved in Integrated Peace Support Operations in West Africa and the rest of the world. It also leads in original and challenging research into the causes and management of conflict and the promotion of peace which has accorded the Centre recognition as a training centre of excellence

The objectives of this module are to: Provide a conceptual understanding and explanation of what constitutes SSR; Provide an understanding of security sector governance with specific reference to parliamentary oversight issues Explain the relationship between SSR, Development and Conflict Prevention. Enable participants reflect on SSR issues in their own countries of origin.

Objectives

ACKNOWLEDGEMENTS

This module was developed by the Kofi Annan International Peacekeeping Training Centre Lead Developer: Dr. Thomas Jaye

149 156

Security Sector Reform

MODULE 4 MODULE 4

INTRODUCTION
In recent years, the issue of security sector reform has become the focus of academics, practitioners, governments, the United Nations, and donors. All of these actors have developed different understanding of what constitutes SSR in the first place; and when they engage the process in practice, they tend to put emphasis on one aspect of it at the expense of the other. For example, some actors will focus on the technical and professional aspect of the process while others will focus on the governance aspect. Even where they try to bring synergy into the process, there is the tendency to give priority to one or two agencies within the security sector and leave out the rest. Often, the link between development, SSR, the justice system, and conflict prevention is lost. Therefore, much of what is undertaken as SSR becomes fundamentally flawed and problematic. Against this backdrop, this module seeks to provide a comprehensive and critical understanding of what constitutes SSR, and how it relates to other broader governance reform processes. It also seeks explain the link between development, conflict prevention and SSR. The module is divided into eight sessions covering a wide range of issues related to SSR process.

157 MODULE 4

MODULE 4 Security Sector Reform 150

OVERVIEW OF SESSIONS
Security Sector Reform
Contents/Sessions
Conceptualising SSR - What is security? - What is SSR? - Who are the agents of SSR? Key Concepts of SSR - What are the main concepts of SSR Understanding SSR Process - Conducting assessment Actions in SSR

Materials Required
Flip chart and marker Projector (Optional)

Methodology
Mini lecture, brainstorming exercise

Duration
20 Minutes

Flip chart and marker Projector (Optional) Flip chart, markers, Projector (Optional) Flip chart, markers, Projector (Optional) Flip chart, markers and Projector (Optional) Flip chart, markers and Projector (Optional) Flip chart, markers and Projector (Optional)

Group discussions and mini lecture Mini lecture and plenary discussions Brainstorming, plenary Discussions and mini lecture Mini lecture, group discussions, Exercise Group discussions, Exercise Mini lecture and brainstorming

15 Minutes 15 Minutes 15 Minutes

Democratic Civilian Control/Oversight

20 Minutes

SSR, Development and Conflict Prevention. Gender and SSR - What is gender? - Gender in SSR - Women and conflict resolution

20 Minutes 15 Minutes

Challenges of SSR

Flip chart, markers and Projector (Optional) Cumulative Training Time

Brainstorming and Group discussions

15 Minutes

135 minutes

158

MODULE 4

SESSION ONE
CONCEPTUALISING SECURITY SECTOR REFORM (SSR)

Objective

To provide conceptual clarity and critical understanding of SSR. Materials: Flip chart, Markers, Projector (Optional). Duration: 20 Minutes. Methodology: Brainstorming and Mini Lecture. Facilitators Note: Brainstorming Exercise 1. Write the following on a flip chart: What is security? Whose security? Who are the referents of security? What is SSR? Why SSR? Who are the agents (actors) of SSR? 2. Ask participants to form small groups; 3. Ask participants to define these terms; 4. Write responses from participants on a flip chart; 5. Proceed with mini lecture on understanding the concepts of SSR; 6. Let one of the participants read out the brainstorming exercise; 7. The group discussion should be followed by a mini lecture.

MINI LECTURE: CONCEPTUALISING SSR

What is SSR?

There is no universally agreed definition of what constitutes security. Security Sector Reform (SSR) is about transforming a countrys security system. This includes making the security agencies more professional in discharging their duties. It also entails enhancing the skills of the officials in order to ensure the proper management of the sector itself. Governance is at the heart of the process. Thus, SSR is a political exercise and a process. It is a complex exercise involving diverse actors with different agendas. This has implications for the way in which SSR programmes can be pursued in different contexts. Thus, SSR should also be seen as a context driven exercise. This means that, at the conceptual level, we also need to be clear about what constitutes the security sector. Often, this includes the organisations or institutions that have monopoly over the use of force, or that can order the use of force, to protect both the state and individuals. Its core elements include the military, police, intelligence, private security companies, and others; but it also has civilian management bodies including the ministries, parliament, and civil society. The concept and significance of parliamentary oversight in the security sector can be very tricky and, therefore, requires adequate attention. The role of parliament in providing oversight responsibilities over the security sector warrants careful explanation.

159

MODULE 4

Perspectives Narrow

Category A Security Forces

Category B Groups with a mandate to wield instruments of violence Institutions with a role in managing and monitoring Judiciary, penal system, human rights ombudsmen

Category C Core security actors

Category D Organisations authorised to use force

Focus StateCentric

Civilian Management and Oversight Bodies

Security management and oversight bodies

Security Management and oversight bodies Justice and law enforcement institutions Non-statutory civil society groups

Broader

Justice and law enforcement Institutions

HumanCentric

160 D U L E 4 MO

MODULE 4 Security Sector Reform 153

SESSION TWO
KEY CONCEPTS OF SSR

Objectives
To provide a nuanced understanding and explanation of the key concepts used in the SSR discourse; To provide an understanding of SSR and governance, parliamentary oversight, transparency and what has been called the triple As: Authority, Ability, and Attitude. Training Resources Flip chart, markers, Projector (optional). Duration: 15 Minutes Methodology: Small group discussions and a lecture Facilitators Note: 1. Divide participants into small groups; 2. Let them discuss the following concepts and report back in a plenary session for a more thorough discussion: -governance; -parliamentary oversight; -accountability, transparency; -the triple As: Authority, Ability, and Attitude. 3. Proceed with the mini lecture on Media and armed conflicts.

MINI LECTURE: CONCEPTS OF SSR


The concept of governance is crucial to understanding the process of SSR in any country; it is an integral part of the overall debates about reforming or transforming security agencies whether in stable, democratic, or post-conflict societies. Governance is about processes and systems and not just structures. Parliamentary oversight constitutes one of the guiding principles of the governance of the security sector. It is about the parliament monitoring and controlling the activities of the security sector in order for it to become democratic, effective, and efficient. In many countries, the Executive controls and supervises the security sector and uses it as a tool for suppressing its own citizens; it serves the interests of the regime in power and without control and supervision from the other branches of government such as the parliament, the security sector becomes repressive, unaccountable, and undemocratic. The concept of accountability is also important for understanding and undertaking SSR work. Although security and intelligence work involves secrecy, this should not serve as a shield to abuse powers and the rights of the people; it should not be used as a shield to encourage corruption because of the lack of accountability. In essence, there should be some level of transparency in the work of security agencies. Hence, parliamentary oversight is one way of ensuring accountability and transparency of these institutions without getting directly involved in operational matters. 444 161 Overview 1 MODULE 7 MODULE 4

Policy making in the security sector should engage the attention of the entire public, particularly civil society organisation. In some countries, Ombudsmen are established to play this role but in others, this may not be the case. Thus, it is always important to bear in mind the context in which SSR work takes place. As noted earlier, other concepts vital to understanding parliamentary oversight of the security are: Authority, Ability, and Attitude.

Authority: This relates to the legal powers enjoyed by parliamentarians in carrying out their work. These

can be found in the Constitution, Rules and Procedures of the Parliament, and the Laws or Acts that establish the various agencies of the sector.

Ability:

This relates to the competence, expertise and information available to parliamentarians for their work.

Attitude: This has to do with the political will to exercise oversight responsibility over the security sector.
Sometimes, party loyalty can hinder the oversight role of parliamentarians. In addition, due to the secret nature of much security work, parliamentarians may not want to discuss them in public. This reluctance may be misinterpreted as lack of political will and commitment

Key Definitions of SSR

SSR is defined as a broad concept that covers a wide spectrum of disciplines, actors and activities. In its simplest form, SSR addresses security related policy, legislation, structural and oversight issues, all set within recognised democratic norms and principles. (Global Facilitation Network for Security Sector Reform (GFNSSR), 2007). The Organisation for Economic Co-operation and Development Development Assistance Committee (OECD-DAC) defines SSR as: seeking to increase partner countries ability to meet the range of security needs within their societies in a manner consistent with democratic norms and sound principles of governance, transparency and the rule of law. SSR includes, but extends well beyond, the narrower focus of more traditional security assistance on defence, intelligence and policing. (OECD, 2004). SSR can be explained as transforming the security sector/system, which includes all the actors, their roles, responsibilities and actions engaging together to manage and operate the system in a way that conforms to democratic norms and sound principles of good governance, and thus contributes to a well-functioning security framework. (Valasek Kristin, 2006).

Good Practices in SSR

1) Building understanding, dialogue and political will. Involvement in SSR should aim to improve security and justice delivery, establish effective governance and accountability and develop local ownership of a reform process that reviews the capacity and needs of the security system. 2) Dialogue between security and non-security actors is essential for co-ordination and co-operation in joint fields of security and justice reform as well as governance. 3) Programme implementation must realise that short term projects will not benefit SSR as more often than not SSR is a long term process which requires dedication on the part of the donor government and long term commitments from the local actors. 4) Integrated government teams may produce more for the SSR process than if they work individually as unique government departments. (Hnggi Heiner, 2004). 155 162 Security Sector Reform MODULE 4 MODULE 4

Regional Security Sector Reform

African Union and ECOWAS Regional Security Sector Reform The AU and ECOWAS are the two inter-governmental organisations in Africa which, while not having yet developed a coherent SSR concept, have adopted mechanisms and instruments which aspire to democratic governance of the security sector and have begun to engage in activities which come under the gambit of SSR. The ECOWAS Mechanism for Conflict Prevention, Management and Resolution, Peacekeeping and Security and its Supplementary Protocol on Democracy and Good Governance are the two cardinal instruments of ECOWAS which are already well suited for the elaboration of a sub-regional SSR concept. The Common African Defence and Security Policy of the AU provides the overarching framework for a continental African SSR doctrine which would be derived from, and be predicated on, a UN SSR concept. (Hnggi Heiner, 2004).

SESSION THREE
UNDERSTANDING SSR PROCESS CONDUCTING ASSESSMENTS

Objective

To examine the way in which SSR assessment process is undertaken; Training Resources Flip chart, Markers, Projector (Optional). Duration: 15 Minutes. Methodology: Small Group Discussion and Lecture Facilitators Note: 1. Let participants know the process of SSR; 2. Tell participants that there is the need for assessment; 3. Split participants into three groups (Groups one, two and three) i. These groups should discuss the need of assessment; ii. The facilitator should tease out and make problematic the issue of planning assessments so that the participants appreciate its benefits and challenges.

MINI LECTURE: UNDERSTANDING SSR PROCESS CONDUCTING ASSESSMENTS


One of the challenges of carrying out a SSR process is conducting assessments in order to identify actors, priorities and the contexts for it. In the case of donors, it enables them to provide appropriate support. Another problem is, rarely do people carry out a sequenced SSR process; usually such processes are disjointed, uncoordinated, and lack synergy. Hence, in most cases, SSR processes are neither comprehensive nor inclusive. MO 163 D U L E 4 MODULE 4 156 Security Sector Reform

Conducting assessment includes the following:

Planning of the assessments; Gathering information; Knowing the actors to consult; Understanding the types of assessments.

A panoramic understanding of the contexts for conducting SSR can emerges from these processes. In conducting any SSR assessment, it is important to consider the sequencing of the activities to undertake in order to make an informed decision about whether to pursue SSR in that society or not. It is through an assessment that the right priorities can be set, and the actors and context for SSR identified. Although assessments are crucial to all SSR processes, the caveat is that they should be context-driven. Therefore, some of the methods of assessments may be applicable in one society but may not be necessary in others.

164 157

Security Sector Reform

MODULE 4 MODULE 4

165 158

Security Sector Reform

MODULE 4 MODULE 4

Source: The OECD DAC handbook on Security Sector Reform

Six key activities guide the planning of an assessment process. They are: Selecting the correct or right team for the assessment; Conducting joint assessments by different donors and international organisations; Examining in a comprehensive manner the contexts, local needs, spoilers and drivers of change, governance, and capacity of the security sector; Ensuring that there is adequate time for the assessment because sometimes pressure can be brought upon the people carrying out the assessment; Making sure to consult with host or partner government; and Developing appropriate Terms of Reference (ToR) The ToR should include the following: Purpose and objectives of the exercise; Expected outcomes; Roles and responsibilities of the team; Time frame; Budget; Methodology; and Potential risks. The way in which one gathers information for such process differs from one context to another. Generally the approach should include desk research (examine what has been done before by other actors); action research and interviews (semi-structured and structured); nation-wide consultations; and identifying targeted groups in the society. The types of assessments should also be contexts driven and include: a) Preliminary Informal Analysis The purpose of this type of assessment is to inquire about the added value in developing an inception phase for an SSR assistance programme. Often conducted by external actors to understand context and needs, it aims to prioritise potential areas for support and perhaps further assessment. They therefore provide a snapshot of the contexts and the results are tentative. During this phase of the work, it is important to consult with donors and a broad spectrum of local people including state officials, and civil society leaders. b) Full Assessments During this phase, the overall national contexts for SSR is examined; the drivers and spoilers of change are identified. This phase often provides the basis for knowing the commitment of the host government. One of the outcomes of this type of assessment is that it gives an idea about the development of a full programme and the appropriate issues to address in a prioritised manner. Such assessment can be carried out by a combination of external and local experts including those that conducted the scoping study. It can also be pursued through consultations with a broad spectrum of international and local actors. The assessment provides legitimacy and a panoramic and balanced view of the situation. c) Sector Specific Assessments As opposed to the general assessments, these provide in-depth understanding and explanation of the specific institutions in the sector. They can provide the basis for specific reform areas within the institutions and what should be prioritised. Such assessments must be carried out by the persons who understand the institution. As with other forms of assessment it is always important to consult different actors in the society.

MODULE 4 166

S e c u r i t y S e c t o r R e f o r mMODULE 4 159

In conducting assessments, it is not enough merely to examine the specific institutions but also the environment within which they operate. Therefore, the relationship of the different institutions to each other is important. Further, it is important to look at the social, economic, security and political factors and dynamics in order to identify the right strategies for reform. In this light, the views of the people about these institutions and budgetary implications should be taken into consideration. Therefore, an integrated approach should be used in such assessments. Given the above, the final issues to consider are the analytical categories used for such assessments. These include the following: a) Political Economy and Conflict Analysis (i) Develop a profile country, (ii) the role of security system within it, (iii) and conflict and security situation. b) Governance and Capacity of Security and Justice Institutions Map out and analyse the security and justice institutions including the actors, capacity and quality of governance, and the history of the institutions in the provision of their duties in the society. c) Security and Justice Needs of Citizens Analyse perceptions and experiences of local people, particularly the poor and marginalised groups. d) Other Frameworks and Programmes There could be other programmes linked with SSR activities: peacebuilding, development, and governance that could be linked with SSR activities.
Source: The OECD DAC Handbook on Security System Reform (SSR),

By way of conclusion, institutional reviews cover the following areas: a) Integrated Border Management (Immigration, Coast Guard/Navy, Customs, etc.) b) Police; c) Defence Reform; d) Intelligence Reform; e) Judicial Reform; and f) Prison Reform.

160 167

Security Sector Reform

MODULE 4 MODULE 4

SESSION FOUR
ACTORS IN SSR

Objective
To enable participants to discuss and understand the key actors in SSR process. Training Resources: Flip chart, marker Duration: 15 Minutes. Methodology: Brainstorming, Groups discussion, Mini lecture. Facilitators Note: 1. Divide participants into two groups; 2. Ask one group to examine SSR in the context of a post-conflict society, and the other group to discuss SSR in a stable democratic context. They should identify who possible spoilers and drivers of change are; 3. Let participants explain what the actors of SSR are; 4. Write all responses on a flip chart; 5. Inquire from participants the possible challenges faced by SSR actors; 6. Write all responses on a flip chart; and 7. Proceed with the mini lecture of media and post conflict development

MINI LECTURE: ACTORS IN SSR


In every SSR process, different actors play different roles. Although some countries can shoulder their SSR processes with relatively little outside involvement in relations to funding, the role of external actors is almost unavoidable. First, who are the main actors in any SSR process? They are: a) Local: State

Non-state Civil Society b) International State (donors) Non-state (Civil Society).

Executive Legislature Judiciary

168 MODULE 4

MODULE 4 Security Sector Reform 161

The role of these actors is not uniform; some can be drivers of change and others obstacles to change. It is always important to be mindful of this fact. SSR is a politically-sensitive exercise in countries where some sectors have been entrenched in power for a long time, it becomes extremely difficult to enjoy power for a long time, and it becomes extremely difficult to simply carry out changes without resistance. In conducting any SSR process, it is important to pay attention to this challenge. Further, because of the financial weaknesses of most countries coming out of war situations, there is a tendency for the host governments to depend entirely on donors. While the role of donors seems unavoidable, the point should be made that donor-driven agendas tend to have negative side effects. For example, donors sometimes rely on experts who often have little knowledge of the local situation. Their efforts can be shortterm; they often lack local knowledge and come with ready-made solutions from elsewhere, thereby employing one-size-fits-all solutions. Such experts can easily suffer from fatigue. Yet the role of donors is unavoidable. In some cases, without their role, an SSR process may be difficult. There should therefore be a balance in the relationship between local actors and donors; the latter should facilitate but depend on the former for local knowledge and other expertise.

SESSION FIVE
DEMOCRATIC CIVILIAN CONTROL/OVERSIGHT

Objective

To provide conceptual clarity and nuanced understanding of the principle of democratic civilian oversight of the security sector. Training Resources: Marker, Flip Chart. Duration: 20 Minutes Methodology: Small Group Discussion and Exercises, and Lecture Facilitators Note 1. Explain to participants what democratic civilian control is; 2. Let participants share some experience of violent conflicts they have witnessed in the sub- region; 3. Ask participants to highlight some civilian efforts geared towards preventing conflicts in the sub region; 4. Proceed with the mini lecture below on civilian democratic control/ oversight in conflict prevention in West Africa.

MINI LECTURE: DEMOCRATIC CIVILIAN CONTROL


What is Parliamentary Oversight of the security sector? What are the issues to consider in ensuring the effectiveness of Parliaments oversight role? a) Parliamentary Oversight This is the role of parliament in passing laws that guide, regulate and define the various agencies of the security sector including their powers and functions. Parliament can also summon heads of security agencies to account for their activities without intruding into operational matters. 169 MODULE 4 S e c u r i t y S e c t o r R e f o r mMODULE 4 162

The issues to consider parliamentary oversight include: Creating conditions for effective Parliamentary Oversight; Establishing Parliamentary Committees on Security, Defence, Intelligence; Addressing Budgetary and Procurement Issues; Deploying of Troops Abroad; Manifesting authority (Legal and Constitutional), Attitude (Political Will), and Ability (Knowledge, Expertise and Resources) of Parliament; Establishing appropriate National Security Policy; Instituting inquiries and making laws. Many of these are cross-cutting issues that are discussed throughout this module. b) Civil Society Participants should also be clear about what constitutes civil society in the first place. Like security, there is also no universally agreed definition of civil society. Nevertheless, it refers to: Autonomous organisations that lie between the state institutions on the one hand and private life of individuals and communities on the other. It comprises a large spectrum of voluntary associations and social movements, i.e. a broad range of organisations and groups representing different social interests and types of activity (DCAF, Parliamentary Oversight, 2003: 36) Civil society however, is not just an assemblage of actors (i.e. autonomous social groups). It is also the realm of contesting ideas in which the inter-subjective meanings upon which peoples sense of reality are based can be transformed and new concepts of the natural order of society can emerge Therefore, in a bottom-up, civil society is the realm in which those who are disadvantaged by globalisation of the world economy can mount their protests and see alternatives. This can happen through local community groups that reflect diversity of cultures and evolving practices world wide From the Top-down sense, however, states and corporate interests influence the development of this current version of civil society towards making it an agency for stabilising the social and political status quo. The dominant hegemonic forces penetrate and co-opt elements of popular movements. State subsidies to nongovernmental organisations incline the latters objectives towards conformity with established order and thus enhance the legitimacy of the prevailing order.

Oversight and Oversight of SSR

Oversight and accountability of the security sector1 Democratic accountability of the security and justice sectors is based on the principles of transparency, responsibility, participation and responsiveness to citizens. Representatives of security and justice institutions must be liable for their actions and should be called to account for malpractice. Oversight mechanisms should be designed to provide checks and balances that prevent abuses of power and ensure that institutions operate efficiently and effectively while respecting the rule of law (OECD DAC, 2007).

MO 170 D U L E 4

Security Sector Reform 163 MODULE 4

SESSION SIX
SSR, DEVELOPMENT AND CONFLICT PREVENTION

Objective
To discuss the relationship between SSR, development and conflict prevention because all three are interlinked and inseparable. Training Resources: Marker, Flip chart, Projector (Optional) Duration: 20 Minutes. Methodology: Brainstorming, Group Discussion. Facilitators Note: 1. Ask participants to form small groups of 3 or 4; 2. Ask participants structure their discussions by addressing the following issues: -State the relationship between SSR and Development; -State the relationship between SSR and Conflict Prevention; -Can poor and defective Security Sector trigger or cause conflicts; human rights abuse? -Does lack of physical security impede economic development? -Is there a direct link between lack of economic development and poverty and conflicts? Explain.

At the end of the group discussions, the facilitator should emphasise that:
(a) The group discussions illustrate the difficulties in defining these concepts; (b) All three concepts reinforce each other; (c) Without security there can be no development; and (d) Without security it is extremely difficult to prevent the outbreak or recurrence of conflicts.

164 171

Security Sector Reform

MODULE 4 MODULE 4

SESSION SEVEN
Objective
GENDER AND SSR
To provide an understanding and explanation of the significance of gender and SSR issues in stable and post-conflict societies and to discuss the relationship between SSR, development and conflict prevention. Training Resources: Flip Chart, Marker, Projector (Optional). Duration: 15 Minutes. Methodology: Brainstorming and Lecture. Facilitators Note: 1. This session should begin with a brainstorming session; 2. Divide the participants into groups to discuss the issues concerning gender and SSR . For example, they can deal with the following issues: What is Gender? What are Sex Roles? What are the best Gender strategies for SSR? What is the significance of Gender to SSR? What are some of the key challenges in incorporating gender into SSR programmes? 3. This should be followed by a lecture by the facilitator to clarify issues and discuss importance of gender in SSR programmes.

MINI LECTURE: GENDER AND SSR


The issue of gender has generated debates and a great deal of confusion because there is the tendency for most people to think that gender is purely about women. This is a rather erroneous view that must be corrected. Is Gender the same as Sex? Rather than being determined by biology, gender is learned. In other words, men and women are taught certain roles and appropriate behaviours according to their sex. In real life situations, women and girls on one hand and, and men and boys on the other hand do have different security needs and experiences because of their sex and gender. There are certain types of violence that are associated more with a particular sex than the other. Although both males and females can face gender-based violence, women and girls are overwhelmingly the disproportionate victims of such violence relative to boys and men. In all societies, the role of the security agencies is crucial in addressing the problems of insecurity for both women and men. Thus, as SSR is about transforming the security system of any country in order to make it more effective and efficient in order to make people feel more secure. Gender roles are therefore extremely important in all SSR programmes. The roles that women and men play are significant for achieving success in such undertakings.

Is Sex the same as Gender?

As men have always dominated the security sector of all countries, gender mainstreaming constitutes a key strategy in ensuring that both men and women have a role to play. It also calls for the promotion of equal participation of men and women. We need to ask the question: What is the implication of existing policies, legislation and other activities for the role of women and men in the security sector? In this light, Vasalek is correct that gender mainstreaming means that the impact of all SSR policies and programmes on women, men, boys and girls should be considered at every stage of the programme cycle, including assessment, planning, implementation, monitoring and evaluation.

172 D U L E 4 MO

MODULE 4 Security Sector Reform 165

In contrast to gender, sex refers to the biological differences between females and males. These biological characteristics, such as hormones, reproductive organs and genetic differences, are commonly used to differentiate humans as female or male. Examples of the correct usage of the term sex may be found on customs or application forms (sex: male or female), or when referring to statistics which are divided into female and male as sex-disaggregated statistics (Valasek Kristin, 2008: 3). Gender refers to the socially constructed roles and relationships between men and women. Rather than being determined by biology, gender is learned. In other words, men and women are taught certain roles and appropriate behaviours according to their sex. One example is how in many African societies, women are traditionally responsible for food preparation. Women are not biologically predestined to cook; rather it is part of the gender role that most women learn. Gender roles, such as these, are not static and can change over time and vary widely within and across cultures. Gendered initiatives should therefore be considered at the structural, policy, training, curriculum development, and personnel levels. Incorporating gender into SSR work is very important to making the security system more effective, accountable, and transparent; and it can also ensure legitimate local ownership and transparency. There are many ways to ensure that gender mainstreaming takes place. For example, in SSR work there must be gender experts and men and women should be represented at every stage of the SSR process. Like any change processes, there are challenges that must be addressed in order to ensure effective gender roles in SSR programmes. As a male-dominated sector, those responsible for policy making still find it difficult to imagine the role of women in certain security institutions and in certain roles. Thus, dealing with stereotypes and long-held traditional views of males and females is important in this exercise. The other challenge is that, depending on the context and support for SSR, it may be difficult to be inclusive in carrying out SSR. For example, if there is lack of resources and gender experts, the issue of considering and incorporating gender perspectives may become secondary.

Gender mainstreaming is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making womens as well as mens concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all spheres so that women and men benefit equally. Gender mainstreaming means the impact of all SSR policies and programmes on women, men, boys and girls should be considered at every stage of the programme cycle, including assessment, planning, implementation, monitoring and evaluation. For example, mainstreaming gender into an SSR assessment involves including questions to identify the different insecurities faced by men, women, girls and boys. The results of the assessment might in turn highlight the need to include gender initiatives, and/or initiatives that address the particular security needs of women, men, boys or girls within the SSR process.

Mainstreaming Gender in SSR

Women and Conflict Resolution

Conflict resolution, peacekeeping and peacebuilding do not only concern those participating directly in war or armed conflicts who are mostly men. The presence of women however, at peace negotiation has always been marginal. In war or armed conflict, they have had to transcend their traditional gender roles and assume responsibilities that were usually those of men. Women contribute important skills, perspectives and insights during and after conflict. In practice, womens direct involvement in the decision-making process, in conflict resolution and peace-support activities require a shift in the traditional vision of the respective roles of men and women in society and in conflict situations.

173 MODULE 4

S e c u r i t y S e c t o r R e f o r mMODULE 4 166

SESSION EIGHT
CHALLENGES OF SSR

Objective
To assist participants gain an appreciation of the major challenges in SSR programmes. Training Resources Markers, Flip chart, Projector (Optional). Duration: 15 Minutes. Methodology: Brainstorming, Group discussion. Facilitators Note 1. The facilitator should point out that SSR is not a straight forward process; it has its own challenges; 2. Ask participants to state some of these challenges in relation to: Economics (Resources Donors: Short Term Driven and One Size Fits All); Politics (Political Will and Commitment); Expertise (Knowledge and Skills); Ownership.

MINI LECTURE: CHALLENGES OF SSR


Key Challenges of Implementing SSR It can be difficult to find local ownership for SSR, especially where it is most needed, for example, where security forces are part of the problem or where SSR may have the potential to change current power relationships. SSR is expensive and human resource intensive it requires the cooperation of a wide range of actors and expertise from a range of different governmental departments and non-governmental institutions. SSR includes a wide range of activities and can be deployed in support of a number of key objectives. This can often lead to inconsistencies in implementation. The challenge is to provide a consistent and coherent overall framework with some form of prioritisation to avoid mixed ad hoc activities. SSR takes a long-time to bring about changes, which may deter donors from engaging in this type of work.
(Global Facilitation Network for Security Sector Reform (GFN-SSR), 2007)

Concluding issues:

By way of conclusion, the facilitator should point out that SSR is not always a straight-forward process. Every SSR programme faces a number of challenges, which may include the following: a) Economic (Resource constraints : short term, donor-driven and one-size-fits-all); b) Politics (Limited political will and commitment); c) Expertise (knowledge and skills); d) Ownership; e) Attitude of security sector personnel: This is a taboo area that entails considerable politics, the building of alliances, and the making of compromises. 174 D U L E 4 MO MODULE 4 Security Sector Reform 167

Security Sector Reform in Practice: Case Study of West Africa Liberia


Liberia has suffered for more than a century from a legacy of poor and defective security governance. Until January 2006 when the Government of President Ellen Johnson-Sirleaf was inaugurated, the country was ruled by successive governments obsessed with regime security as opposed to human security. Hence, rather than serve as a guardian angel of the people, the state and its security agencies have served as oppressors of the people; the rights of the people were abused; and there was no democratic civilian oversight, let alone accountability, transparency and other necessary attributes of an effective and efficient security system. In addition, fourteen years of war made the security system dysfunctional, bloated both in terms of sheer size and the resources spent on it. The system also lacked legitimacy in the eyes of ordinary people, whose rights it abused with impunity. The security system became law unto itself. Thus, after fourteen years of war and mayhem, the stakeholders at the Accra, Ghana, peace talks in August 2003 signed a Comprehensive Peace Agreement in which they advocated a security sector reform process in the country. As laudable as this idea was, there was no conceptual clarity as to what SSR in Liberia would entail. Hence, from the beginning, there was too much emphasis on technical training and professionalisation of the security sector, to the neglect of the governance element of such programmes. The SSR in Liberia was introduced by the African Security Sector Network (ASSN), Geneva Centre for Democratic Control of the Armed Forces (DCAF) and the Conflict, Security, and Development Group (CSDG) at Kings College, University of London through the Governance Commission (GC) of the Republic of Liberia. As a post-conflict society, Liberia has lacked the financial resources to finance its own SSR programmes and so has depended on external bodies for funding. Although local experts have been involved, this has been through ad-hoc arrangements between the GC and the Kofi Annan International Peacekeeping Training Centre (KAIPTC) in Accra. Since 2006, the KAIPTC has seconded its staff to work with the GC and the ASSN in strengthening the governance component of the SSR process. Through this initiative, the country has developed a national security strategy that emerged from several months of nation-wide consultation conducted by the GC with the support of the UNDP. Although the CPA called for the restructuring of the army, a decision was made after the elections of 2005 to rebuild the army from scratch. A vetting process was carried out in all the security agencies including the police, but it was never a perfect exercise. This partially explains why criminals have infiltrated the police. Further, Liberians have complained about the lack of local ownership of the exercise. Therefore, all of the challenges highlighted above have been reflected in the Liberian experience. Each participant should use this case study to reflect on what has either occurred in their countries of origins in relation to SSR, or could happen if they begin to carry out SSR work.

Security Sector Reform in Sierra Leone

After ten years of bloody conflict, Sierra Leone is at a critical stage in its transition from war to peace. With the end of hostilities and the formal completion of the Disarmament and demobilization process, the country faces serious challenges with regards to the Reintegration of former combatants and the overall reform of the Security Sector. Ten years of brutal fighting have left most people not only sceptical but cynical about the role of the national security institutions. This cynicism dates back to the early days of the conflict when the public, feeling increasingly betrayed by the security forces coined the term sobel meaning soldier by day and rebel by night a phenomenon that was clearly manifested by the alliance between the Revolutionary United Front (RUF) and the Armed Forces Ruling Council (AFRC), during the 1997 military takeover, which plunged the country into uncontrolled carnage and mayhem. MODULE 4 175 S e c u r i t y S e c t o r R e f o r mMODULE 4 168

Thus the first victim in the Sierra Leone crisis is that of the `public confidence` - with larger ramifications for civil-military relations. The loss of confidence in the Republic of Sierra Leone Armed Forces (RSLMF) led to the formation of Civil Defence Forces (CDFs) such as the Tamaboros, Donsos, the Gbethis and the Kamajors, with the aim of protecting their local communities. The lack of confidence and trust in the countrys security forces dented the civil-military relations as the public felt betrayed. The emergence of powerful CDFs most notably, the Kamajors, with strong political connections worsened the already fragile civil-military relations - a situation that was compounded by the fact that the Head of the Kamajors was made Deputy Minister of Defence. For instance, the soldiers who seized power in 1997 cited the privilege position accorded to the kamajors as one of the reasons for the coup - a claim that has been disputed by most observers of the deteriorating civil-military relations. There is no love lost between the public and the RUF due to the unwarranted suffering that the civilian population had to endure at the hands of the latter. The relations between the RUF and the general public are characterised by `fear`- a feeling that was instilled in the minds of the people by the RUFs campaign of terror deliberately targeting innocent civilians. What this picture portrays is an anaemic civil-military relationship that is in dire need of salvaging if a return to the abyss is to be avoided. Thus, there is an urgent need to embark on a multi-pronged approach to reforming the security sectors. Sierra Leone, like most countries emerging from protracted conflicts faces daunting challenges that calls for serious thinking on reforming the countrys security sectors if public confidence in these institutions is to be restored. Serious efforts need to be put into not only reforming the military forces but the police, intelligence units, paramilitary forces, Civil Defence Forces, Parliament, the Judiciary, Corrections/Prisons, customs, and improving the capacities of NGOs/CSOs and the media so that they can make meaningful and constructive contributions to the security debate and the policy process. For the purpose of this presentation I will focus on the challenges in reforming the RSLMF forces, the Police and the Judiciary with occasional reference to other members of the security family. For a critical understanding of the challenges confronting both domestic and international actors the following questions need to be asked: What is the nature of the security sector reform taking place in Sierra Leone at the moment? Is the process of reforming the security sector being approached from a piecemeal or holistic approach? Who is driving the reform process - what is the level of local input? How inclusive is the reform process - top-down approach? If so, what are the implications for long term peace-building? How much capacity does parliament and civil society have in order to make a meaningful and informed contribution? How much effort is put into rebuilding the shattered civil-military relations? To what extent is gender factored in the reform process? These questions amongst others underscore the daunting challenges faced by different actors involved in reforming the security sectors in Sierra Leone. During the countrys one party rule, both the police and the armed forces were politicised; with the heads of both institutions occupying parliamentary seats - hence the praetorian nature of these bodies. As a result of the emphasis on regime security, the countrys security forces especially the army was showered with all sorts of benefits and opportunities such as a monthly rice quota for both officers and men in the armed forces. The financial transactions and budget of the Armed forces was not subject to the public accounting system leading to massive corruption with serious impacts on the levels of professionalism. There was no form of civilian oversight of these institutions making them accountable only to themselves - a recipe for corruption.

Disarmament, Demobilization and Reintegration (DDR)

The current DDR is guided by the Lome Peace Agreement signed between the government of Sierra Leone and the RUF. Overall responsibility for managing the DDR rests with the National Commission for Disarmament, Demobilisation and Reintegration (NCDDR), which works closely with UNAMSIL and the donor community. Although the DDR has been declared complete by both the government and UNAMSIL, there are

MO 176 D U L E 4

MODULE 4 Security Sector Reform 169

improving accountability and civil-military relations. A sustainable reform of the security sector should take into consideration the socio-cultural, economic and political realities that led to the conflict in the first place and others that have been produced by the conflict. Attention should also be paid to coordinating the activities of international actors involved in the process. Lack of coordination by these actors could jeopardize whatever achievements have been made - increasing the sense of insecurity. For example when the civilian government came into power in 1996, it was pressured by the IMF to cut the rice subsidy to the military - a move that was believed to have triggered the 1997 coup. Thus both the World Bank and the IMF need to consider some flexibility in the imposition of macro-economic conditionalities such as reduction in military budgets to allow states emerging from conflict to better protect the peace. By placing excessively strict conditionalities on the level of military spending, this may increase the incentive for governments to hide military expenditure under other budget lines or to rely on off-budget sources of financing for the security sector.

Judicial Reform

Judicial reform is necessary if peoples desire for justice and reconciliation is to be met. There is a compelling need to bring the perpetrators of violence to justice if the current peace-building momentum is to be sustained. The hybrid court set up by agreement between the government of Sierra Leone and the UN will address serious violations of war crimes, however, because of its limited operational time, the court system at the district level needs to be revamped. At the present there are no courts in the country outside the capital Freetown, and the Provincial cities of Bo and Kenema, thus making access to legal redress for most people in the North and East of the country impossible. Addressing the acute shortage of legal manpower should be a central component of any judicial reform. For instance there are only 20 practising judges for the whole of Sierra Leone, most of whom sit only in Freetown with the two magistrates in Bo and Kenema the only exceptions. There are only about 100 lawyers within jurisdiction, of this number, eight are in Bo and Kenema, while there are no practising lawyers in the Northern province. The parties to the Lome Agreement agreed to establish a Truth and Reconciliation Commission. The TRC was established by an Act of parliament with a mandate to: ``...create an impartial historical record of violations and abuses of human rights and international humanitarian law...from the beginning of the conflict in 1991 to the signing of the Lome Agreement...to address impunity...to promote healing and reconciliation and to prevent a repetition of the violations and abuses....`` The TRC can be an effective tool for reconciliation if there is sufficient public education on the operations of the commission and compliance by all parties to face the commission. As in South Africa and Chile there is a fine line between truth and justice, however for there to be lasting peace the public needs to forgive but justice needs to be seen to be done.

Parliament and other Civilian oversight bodies

The capacity of civilian oversight bodies such as parliament, NGOs/CSOs, and the media is very limited. Most of these institutions have limited understanding of security issues and as such cannot make any meaningful contribution to current security sector reform or the policy process. Capacity building for these organizations is very important to add value to what otherwise would be vague criticism with no substantive contribution. It is important to note that the overall success of the security sector reform program is highly hinged on the availability of resources for capacity building and assisting ex-combatants in resettling into their respective communities.

177 D U L E 4 MO

MODULE 4 Security Sector Reform 171

178

MODULE 4

Module
CHILDREN AND ARMED CONFLICTS

179

MODULE 5 179

CHILDREN AND ARMED CONFLICTS


OVERVIEW This module focuses on delivering knowledge on the impact of armed conflicts on children. The module highlights on how children become involved in the phenomenon of armed conflict and the related dangers. Also, the module documents the varying impacts of armed conflicts on boys and girls. This resource provides exhaustive material on international and legal instruments that can be used to protect children during different forms of conflict. The module concludes by proffering recommendations on how children can be used as agents of peacebuilding. Objectives At the end of the module, participants should be able to: Brief Profile of Module Developer: DEFENCE FOR CHILDREN INTERNATIONAL (DCI) Defence for Children International (DCI) is an independent non-governmental organisation that has been promoting and protecting childrens rights since its establishment in 1979. DCI is represented in over 45 countries worldwide through its national sections and associated members, each working on child rights issues that are relevant to their national contexts. DCIs International Secretariat, located in Geneva, is the focal point of the movement. Vision: DCI-Nigeria envisions a just and responsible society where Nigerian children can exercise their rights and are cared for by all and sundry. Mission: We are dedicated to ensuring on-going, practical, systematic and concerted national and international action directed towards promoting and protecting the rights of the child, as articulated in the national mechanisms, the United Nations Convention on the Rights of the Child (CRC), its optional protocols, and all the other human rights instruments. DCI-Nigeria is a national organisation and was registered with the Corporate Affairs Commission (CAC) of Nigeria in 1996. Some of the activities of DCI Nigeria include engaging in training, research, policy dialogues and documentation on issues of child rights, child labour, violence against women and children. ACKNOWLEGDEMENTS This module was developed by
Lead Developer: Ini Onuk

Know what armed conflicts mean and do to children; Understand how children become involved in the phenomenon of armed conflict; Appreciate the particular dangers and impact of armed conflicts on children; Know their responsibilities as professionals and what is required to deliver appropriate professional protection and assistance to children during conflict and child victims of armed conflicts; Identify the issues that commonly arise and situations that girls and boys face in situations of armed conflict and which rights are at stake; Name some legal arguments to back up plan for protecting the children.

Defence for Children International-Nigeria Contributors: Dahlia Morched and Jephthah Ighodalo

180

MODULE 5

INTRODUCTION
Children & Armed Conflicts
Armed conflicts have denied children in Africa their childhood. They have become not only victims but also participants in wars. While the impact of armed conflict on children had been recognised for some time as a major humanitarian problem, in the 1990s it came to be seen as a peace and security question and in 1999, the UN Security Council began taking up the issue as a regular thematic item. Children share protected universal human rights with all other persons but, because of their dependence, vulnerability and developmental needs, they also have additional rights. The victimisation of children in conflicts scars them physically and emotionally, with a residual burden that most African societies are still unable to cope with. In the past decade, over 12 million children have been killed in armed conflicts. A third of that number have been permanently disabled or seriously injured. Many more have witnessed or participated in the killings of their parents and/or neighbours and others used as soldiers, spies, war messengers and war wives. They have been brutalised, maimed, slaughtered, exploited, and even raped. Armed conflicts affect children in all areas of their development physical, mental, psychological and emotional. They undergo "We want a society where people are physical assault, gender-based violence and psychosocial distress. more important than things, where Armed conflicts destroy the support systems within the society that children are precious; a world where ensure a secure environment for the protection and care of children. people can be more human, caring and gentle." The disruption of social services and the destruction of their nations Archbishop Desmond Tutu at infrastructure affect children dismally. Schools are disrupted; homes the meeting of the Eminent are disorganised and survival forces most of them into the army. Persons Group on the Impact o f Armed Conflict on Children, Tarrytown, New According to the United Nations Childrens Fund (UNICEF), York, 9 May 1995. International Committee of the Red Cross, (ICRC) and Human Rights Watch, an estimated 300 000 ex-child soldiers are scattered in 36 countries throughout the world. A feature of the countries or regions in which these children live is that, they are all caught up in protracted conflict, violence and wars. As a result, the environment created by the break down in law and order, the existing general insecurity and occasionally, a deliberate strategy by adversaries, gives birth to the phenomenon of exchild soldiers. The presence of ex-child soldiers is therefore one of the manifestations of conflict zones. The aim of this module is to improve the capacities of peace building practitioners for combating the use of children during armed conflicts and the protection of their rights and needs. This means not only learning to recognise victims but also to know what to do for such children in the course of their work. This module will further engage understanding about children, their needs and rights, the legal standards available for their protection as well as the role of the community, government and society at large, in keeping them safe.

444 181

Children and armed Conflicts

MODULE 5 MODULE 5

OVERVIEW OF SESSIONS
Children and Armed Conflicts
Contents/Sessions
Conceptual framework Who is a child? How do you define child in your community? Understanding Children in Armed Conflict Facts and figures Child soldiers International and Legal Instruments Impact of instruments Challenges Special Representative Existing Research on Children and armed conflicts in Africa Ending Violence Against Children Abuse of Children by Peace-keepers Children as Agents of Peace building Flip chart, markers, handouts Flip chart, markers, handouts Flip chart, markers, handouts Flip chart, markers, handouts Cumulative Training Time Mini lecture & plenary Mini lecture & plenary Group/plenary Mini lecture & plenary 20 minutes 15 minutes 15 minutes 15 minutes 120 minutes Flip chart, markers, handouts Mini lecture & plenary 20 minutes

Materials Required

Methodology

Duration

Baseline Knowledge Test; Flip chart and marker

Mini lecture & plenary

10 minutes

Flip chart, markers, handouts

Mini lecture & plenary

25 minutes

MODELS 5 182

Children and armed Conflicts

000 MODULE 5

SESSION ONE
CONCEPTUAL FRAMEWORK
To raise awareness on the challenges faced by children in armed conflicts; To ensure childrens protections at all times; Training Resources: Flip chart, markers, Baseline Knowledge Test (Handout 1.0) Duration: 10 Minutes Methodology: Group work, plenary session, Mini lecture Facilitators Notes: Begin the session with the Baseline Knowledge Test before the mini lecture; Examine Baseline Knowledge Test and discuss answers; Engage participants in thorough analysis of their knowledge and attitudes to children; Ask the participants to perform the task below: Write responses on a flip chart; Use responses to deliver mini lecture; Exercise: Who is a Child? How do you define Child in your community?

Objectives

MINI LECTURE: UNDERSTANDING WHO A CHILD IS


A child is most often defined as a young human being between birth and puberty; a boy or girl. Biologically, a child is anyone in the developmental stage of childhood, between infancy and adulthood. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of maturity. The United Nations Convention on the Rights of the Child (UN CRC) defines a child as any person under the age of 18 years unless the age of maturity is lower. For normal purposes this means that it can be applied to everyone up to 18, unless it is demonstrated that they are an adult under the applicable national law for all purposes or for this specific purpose. In any case, the scheme of the CRC suggests that this exception should be interpreted as an empowering one. In other words, under18s can claim the benefits of adulthood if granted by national law while still being able to claim the protection of the CRC. The CRC provides a comprehensive code of rights which offers the highest standards of protection and assistance for children of any international instrument. All but two countries (Somalia and the USA) are parties to the CRC. As such it can be treated as almost universally applicable. It is legally binding on every government which is a party to it and applies to all children within the jurisdiction of each State, not only to those who are nationals of that State. Indeed, the principle of nondiscrimination is stated strongly in Article 2(1) and certainly covers refugee and displaced children including adolescents.

MODULE 5 183

Children and armed Conflicts

000 MODULE 5

SESSION TWO
UNDERSTANDING CHILDREN IN ARMED CONFLICTS Objective
To provide an in-depth understanding of what children go through during conflicts and its effects on their psyche and to examine the problem of Child Soldiers. Training Resources: Flip chart, markers, handout on role play. Duration: 25 Minutes. Methodology: Mini lecture, Group work, plenary session. Facilitators Notes: 1. Use Facts on children and armed conflict to shock participants to the reality of the issue being discussed and the impact of armed conflict on children; 2. Ask participants to mention some of the impact of armed conflict on children; 3. Use responses to deliver mini lecture;

MINI LECTURE: UNDERSTANDING CHILDREN IN ARMED CONFLICTS


Children need and have a right to be protected from all forms of harm. Armed conflict takes away their rights the right to life, food, shelter, education, health and the right to non-discrimination. War violates the rights of a child. A conflict situation often results in a situation where some childrens basic needs, like food and water, health care and shelter are severely affected. Armed conflict also usually causes basic social services like education and clinics to seize functioning. Many children become refugees or internally displaced when they flee from the fighting and violence, and some get separated from their parents. Due to the general lawlessness, the breakdown of social taboos and the lack of peace time cultural and social protection measures, sexual abuse of children increase considerably during armed conflicts. Those close to the fighting, e.g. child soldiers, camp followers, girls who are forced to clean and cook for soldiers, etc. are most at risk. A high number of children become victims of mines because they are more exposed to areas where mines are due to their playing and house chores. Children often witness violence, e.g. the killing of their parents and rape of female adults or older girls. Often they become victims of violence themselves. Boys and girls are often forced to become soldiers, or they join one of the fighting factions because it is their only means of survival. As child soldiers they are often exposed to drugs and participate in or witness severe human rights abuses and violence that will affect them for the rest of their lives. Girls are often forced to become camp followers and are treated as sex slaves or bush wives that have to cook, clean and sexually serve their masters (on whom they are dependent for their survival).

West Africa

During Sierra Leones civil war, child combatants armed with pistols, rifles, and machetes actively participated in killings and massacres, severed the arms of other children, participated in rapes, and beat and humiliated elderly people. Often under the influence of drugs, they were known and feared for their impetuosity, lack of control, and brutality. Human Rights Watch documented instances in which children recruited to the Revolutionary United Front (RUF) were compelled to commit abuses under threat of death or as a result of being drugged. 184 MODULE 5 Children and armed Conflicts MODULE 5 000

In Liberia, children were recruited into armed groups and government forces during the armed conflict. Some children saw their parents killed and believed they had no options but to join armed groups for safety or survival. Some were forcibly recruited. Some joined because of starvation so they would be fed by a warring faction. Human Rights Watch received testimony that both rebel and government affiliated forces including the National Patriotic Front of Liberia (NPFL), United Liberian Movement for Democracy in Liberia (ULIMO), Independent National Patriotic Front of Liberia (INPFL), and Armed Forces of Liberia (AFL) threatened, beat, and tortured children to force them to witness and participate in atrocities against combatants and civilians. The factions used a kind of torture called tabay, in which a persons elbows are tied together behind his back, and the rope is pulled tighter and tighter until his rib cage separates. This was a form of punishment that was used with child soldiers too. MINI LECTURE:

Abubakar, a 17-year old RUF child soldier demobilised in March 2000 was abducted outside the demobilisation camp and forced to rejoin the RUF later that same year: It was not my wish to go fight, it was because they captured me and forced me There was no use in arguing with them, because in the RUF if you argue with any commander they will kill you.

CHILD SOLDIERS

Ask participants, Who is a child soldier? Write responses on a flip chart Use responses to teach mini lecture

It is imperative that a comprehensive definition of child soldier is used to ensure the protection, demobilisation, and reintegration of all children associated with armed forces. The Cape Town Principles define a child soldier as any person under the age of 18 years of age who is part of any kind of regular or irregular armed force or armed group in any capacity, including but not limited to cooks, porters, messengers, and those accompanying such groups, other than purely as family members. It includes girls recruited for sexual purposes and forced marriage. It does not, therefore, only refer to a child who is carrying or has carried arms. Children are affected by warfare in many ways, but one of the most alarming trends is their participation as soldiers. Studies have indicated that government or rebel armies have recruited tens of thousands of children during armed conflicts. Most are adolescent boys, but many are girls, and some recruits are 10 years or younger. Many of these are forcibly recruited, seized from the streets, or even from schools or orphanages. Others are driven to join armed groups by fear or poverty, believing that this is the only way to achieve some protection from the violence around them or to be sure of regular meals, clothing or medical attention. Child soldiers often start out in support functions. Boys serve as porters or as messengers. Girls may prepare food or attend to the wounded though they also may be forced to provide sexual services or be 'married off' to other soldiers. However, both boys and girls are soon forced onto the battlefield where their youth and inexperience leave them particularly vulnerable. Often they are unaware of the real dangers they face; they may even forget to take cover. In a number of cases, children have been deliberately exposed to horrific scenes to harden them to violence. Some have even been forced to commit atrocities against their own families as a way of severing all ties with their communities. In 1998, for example, a new wave of violence in Sierra Leonean resulted in the forced recruitment of thousands of children by the Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC). After losing political power in February, the AFRC/RUF launched a war of terror, using children and other abductees to engage in armed attacks against Sierra Leone civilians, Civilian Defense Forces, and soldiers from the Economic Community Cease-fire Monitoring Group (ECOMOG). Children recruited as soldiers by the AFRC/RUF typically were provided with food, mind-altering drugs, and firearms and forced to fight and commit atrocities alongside the AFRC/RUF soldiers. Civilian Defense Forces fighting on behalf of the Sierra Leone government also recruited children, at least, as late as July, despite numerous public pledges by the government to desist from the use of child soldiers. 185 444 Children and armed Conflicts MODULE 5 MODULE 5

Children are forcibly recruited into armed groups in many conflicts but the vast majority of child soldiers are adolescents between the age of 14 and 18 who "volunteer" to join up. However, research has shown that a number of factors may be involved in making the decision to actually join an armed conflict and in reality many such adolescents see few alternatives to enlisting. War itself is a major determinant. Economic, social, community and family structures are frequently ravaged by armed conflict and joining the ranks of the fighters is often the only means of survival. Many youths havereported that desire to avenge the killing of relatives as a result of war or other violence is an important motive for their participation in armed conflicts.

Young fighters with the National Patriotic Front of Liberia (NPFL) sit on a street corner during a lull in the fighting in April 1996. Many fighters from Sierra Leone fought in Liberia both with the NPFL and, after 1997 when NPFL leader Charles Taylor became president, as Liberian government militias. 1996 Corinne Dufka

Poverty and lack of access to educational or work opportunities are additional factors, with joining up often holding out either the promise or the reality of an income or a means of getting one. Coupled with this may be a desire for power, status or social recognition. Family and peer pressure to join up for ideological or political reasons or to honour family tradition may also be motivating factors. Girl soldiers have reported joining up to escape domestic servitude or enforced marriage or get away from domestic violence, exploitation and abuse.

Existing strategies have not had the desired impact. If further progress is to be made, it must be recognised that child soldiers are not only an issue for child rights specialists, but should be on the agendas of all those involved in conflict prevention and resolution, peacebuilding and development. Dr. Victoria Forbes Adam, Director of the Coalition to Stop the Use of Child Soldiers

It is immoral that adults should want children to fight their wars for them... There is simply no excuse, no acceptable argument for arming children Archbishop Desmond M. Tutu

There have been positive developments over the past four years to end the use of children as soldiers during armed conflict. A research by the Coalition to Stop the Use of Children Soldiers (2008) shows that the number of armed conflicts in which children are involved is down from 27 in 2004 to 17 by the end of 2007. Tens of thousands of children have been released in that time from armies and armed groups as long-running conflicts in Sub-Saharan Africa and elsewhere have ended.

MODULE 5 186

Children and armed Conflicts

000 MODULE 5

Snapshot: Child Soldiers in West Africa

Liberia
Child soldiers as young as 7 years old were recruited by government armed forces and allied armed groups, as well as opposition rebel groups. UN sources estimate that over 15,000 child soldiers were associated with armed forces between 2000 and 2003 and in some cases, the majority of military units comprised boys and girls under age 18. Approximately 300,000 Liberians were internally displaced, and another 320,000 were refugees in neighboring countries- an estimated 80 percent of these were women and children who were regularly exposed to harassment, rape, sexual abuse and prostitution in camps. Gender-based violence (GBV) was used as a systematic weapon of war during the conflict, teenage girls were the most targeted, as well as single women and mothers with young children.

In addition to military duties, girl soldiers were raped and sexually enslaved. Young boys were routinely forced to rape women and girls as part of the initiation process for fighting forces, boys have also been victims of sexual violence. Boys and girls were tasked with performing heavy labour, manning roadblocks, acting as bodyguards to commanders, looting and abducting other children. They were beaten and abused by their superiors and forced to witness abuse and killing. Boy soldiers were often drugged before facing combat. Former child combatants were made exceptionally vulnerable to abuse and rerecruitment; many are known to have been transferred back to military structures, or had been recruited into LURD- controlled rubber plantations as child labourers.

It is estimated that a staggering 48,216 children served as soldiers during the conflict.

Sierra Leone

Despite this, only 6,787 children took part in formal disarmament and reintegration and only 506 of these were girls, although it is known that women and girls made up significant proportions of armed forces. Those abducted by fighting forces and taken as wives were predominantly young girls.

Girls as young as 6 years old were used primarily for raiding villages and spying, although they too were sent to fight and commit atrocities. Women and girls in the pro-government CDF (Civil Defense Forces) observed widespread human rights violations including cannibalism, human sacrifice, and sexual abuse. Former combatants from Sierra Leone were frequently recruited to fight in the Liberian conflict after the wars end in 2002.

187 444

Children and armed Conflicts

MODULE 5 MODULE 5

Sierra Leone: Estimated Figures for Total Forces, Child Soldiers, and Girl Soldiers
Force RUF AFRC SLA CDF Total Total 45,000 10,000 14,000 68,865 137,865 Child Soldiers 22,500 5,000 3,500 17,216 48,216 Girls 7,500 1,667 1,167 1,722 12,056

ROLE PLAY
The Ufen family

The Ufen family, amongst others, have just been relocated from Mbuk, a war-torn country in West Africa, to the United States by the UNHCR, the UN Refugee Agency. As part of integrating them into their new environment, UNHCR attached the Ufens to an American family the Spoons-for a period of six months. It is July in the US and the July 4th (US Independence) celebrations are in top gear. Mr. & Mrs. Spoon have planned for a barbeque to introduce the Ufens to their neighbours, family and friends and help them settle quickly. July 4th is here and celebrations are in top gear and the barbeque is on in the garden. The Ufens, though still nervous and shy, are trying to enjoy themselves. All of a sudden, the heavy fireworks go up in the sky as part of the celebrations; with loud screams Mrs. Ufen and her two children, Uwem and Emem, scrabble under the table, knocking off the food and drinks. Mr Ufen ran into the house, forgetting his wife and two children. Everyone is startled and wonders what could have gone wrong. The Spoons, who are UNHCR caregivers, try to calm everyone down. One of the Ufens children, Emem, aged 14, goes into a trance, rocking back and forth on her knees and babbling gibberish; the other child, Uwem, aged 11, stands with his arms outstretched as if holding a gun as he makes gun-shooting sounds; Mrs Ufen is screaming non-stop and Mr. Ufen is nowhere to be found. The guests look on stunned as they try to find their seats again. The situation is brought under control but the Ufen children are obviously traumatised and take longer to come out of the shock. It is obvious there is something particularly wrong with the Ufens daughter; the son afterwards, is quiet and refuses to speak to anyone. The Spoons, though aware of where the Ufens were coming from, are ill-prepared for this level of encounter with people coming from war-torn countries. They realise they have a lot of explaining to do to their neighbours, family and friends and an enormous work in re-orientating the Ufens. By Ini Onuk Instruction for the role play 1. Select two participants to play the role of Mr/Mrs Spoons; 2. Select two participant to play Mr/Mrs Ufem; 3. Let two participant play the role of the Ufem's Children; 4. Select one participant to read the role play 5. Let the rest of the participant act as invited guest by the spoons 6. Coordinate the actions of the group to reflect the role play.

188 D U L E 5 MO

Children and armed Conflicts

MODULE 5 000

Group Work

Use responses to teach mini lecture: 1. 2. 3. 4. 5. What is unique about the Ufen family, coming from a war-torn country? What do you think is wrong with Emem, the Ufens daughter? What is your opinion of the Ufens son Uwem? Was he a victim or an active participant? Explain what could have been going through Mr. Ufens mind as he ran. Do you think the UNHCR has done enough for this family? Are the Spoons properly prepared to care for this family? 6. Using your experiences and brainstorming, give ideas on what the Spoons should do and how.

Divide participants into 3 groups; Ask them the following questions using the case study; Write responses on flip chart.

SESSION THREE
INTERNATIONAL & LEGAL INSTRUMENTS Objective
To sensitise participants on available international and regional instruments on child issues. Training Resources: Flip chart, markers. Duration: 20 Minutes. Methodology: Mini Lecture. Facilitators Note: 1. Ask participants to mention some legal standards on the rights of children; 2. Write responses on flip chart; 3. Use responses to teach mini lecture.

MINI LECTURE: INTERNATIONAL AND LEGAL INSTRUMENTS


There are various legal instruments available on the rights of children and their needs. Responsibility for the adoption, ratification and/or accession of these instruments by national government is the responsibility of everyone, but particularly parliamentarians. Parliamentarians can use their voices to break the silence surrounding violence against children. Many issues relating to protection are very sensitive and often hidden behind stigma, secrecy, shame or corruption. They are taboo subjects, particularly where they relate to sex or religion. This silence is a barrier to progress on child protection; it is impossible to mobilise action on an issue when people do not accept that it exists. By raising issues of child protection in public and showing leadership, parliamentarians can help overcome one of the main obstacles to eliminating violence against children. 1. United Nations Convention on the Rights of the Child: It was adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of November 20 1989 - came into force on September 2 1990, in accordance with Article 49.

189

Children and armed Conflicts

MODULE 5 MODULE 5

Article 38 of the CRC explicitly addresses children and conflict by asserting that the rules of international humanitarian law must be applied towards children as relevant, that States shall take all feasible measures to ensure that children under the age of fifteen are not directs participants in hostilities, that States must not recruit children under this age and that when recruiting youth between the ages of fifteen and eighteen the eldest should be given preference, and finally that States must take all feasible measures to ensure protection and care of children affected by armed conflict. Article 39 of the CRC then relates to the need to provide post-conflict support for adversely affected childrenincluding physical and social rehabilitation and social reintegration.

The umbrella provisions of the CRC:


The best interest of the child (Article 3); Non-discrimination (Article 2); The right to life, survival and development (Article 6); The right to respect for the views of the child (Article 12);

2. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict: This was adopted by the UN General Assembly on May 25, 2000 and entered into force on February 12 2002. The protocol sets 18 as the minimum age for direct participation in hostilities, for recruitment into armed groups, and for compulsory recruitment by governments. States may accept volunteers from the age of 16 but must deposit a binding declaration at the time of ratification or accession, setting out their minimum voluntary recruitment age and outlining certain safeguards for such recruitment. 3. Rome Statute of the International Criminal Court (1998): This establishes a permanent court to try persons charged with committing war crimes, crimes against humanity, and genocide. In its definition of war crimes the statute includes "conscripting or enlisting children under the age of fifteen years into national armed forces or using them to participate actively in hostilities" (Article 8(2)(b)(xxvi)); and in the case of an internal armed conflict, "conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities" (Article 8(2)(e)(vii)). When drafting the treaty, delegates agreed that the terms "using" and "participate" would prohibit not only children's direct participation How is it that Africa, a continent so rich in in combat, but also their active participation resources, cultures and values, today fails to protect in military activities linked to combat such as its own children, its present and future resource? scouting, spying, sabotage, and the use of Young refugee, Eastern and Southern children as decoys, couriers, or at military Africa, 2005 checkpoints. Also prohibited is the use of children in "direct" support functions such as carrying supplies to the front line. The statute also defines sexual slavery as a crime against humanity (Article 7(1)(g)). The treaty came into force and the court came into being on July 1 2002. 4. ILO Minimum Age Convention 138: This convention was adopted on 26 June 1973 and came into force on 19 June 1976. States ratifying the convention are bound to: pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons (Article 1).

190 444

Children and armed Conflicts

MODULE M O D U L E 55

5. ILO Worst Forms of Child Labour Convention 182: This convention was adopted on June 16 1999 and came into force on November 19 2000. It commits each state which ratifies it to "take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency". The term "child" applies to all persons under the age of 18 years and the worst forms of child labour include: all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict (Article 3a). 6. The UN Security Council The UN Security Council has passed a series of resolutions condemning the recruitment and use of children in hostilities. These are resolutions 1261 (1999), 1314 (2000) 1379 (2001), 1460 (2003), 1539 (2004) and 1612 (2005) on children and armed conflict. 7. The Paris Commitments and Principles (2007): A major international conference entitled "Free children from war" was held in Paris on February 5-6 2007. The meeting, co-organised by the French Government and UNICEF, was attended by 58 countries, including dozens of government ministers, donors, the heads of UN agencies and many non-governmental organisations. At the meeting, the 58 governments endorsed, and pledged to respect, the principles contained in two documents: (i) The Paris Commitments: This consists of a set of legal and operational principles needed to protect children from recruitment or use in armed conflict. The "Paris Commitments" complement existing legal and political mechanisms already in place. (ii) The "Paris Principles" : This is a more detailed document which sets forth a wide range of principles relating to the protection of children from recruitment or use in armed conflict, their release and successful reintegration into civilian life. The principles also address the need for long term prevention strategies in order to definitively end children's involvement in armed conflict. The meeting was the culmination of an 18-month process to review the "Cape Town Principles and Best Practice on the prevention of recruitment of children into the armed forces and on demobilisation and social reintegration of child soldiers in Africa", adopted by non-governmental organisations at a conference in Cape Town in 1997. The review process was led by UNICEF and drew upon a wealth of experience gained by UN field staff, NGOs and other practitioners in this field. The Coalition was closely involved in the drafting process of the Paris Commitments document. 8. African Charter on the Rights and Welfare of the Child: The charter is the only regional treaty in the world which addresses the issue of child soldiers. It was adopted by the Organisation of African Unity (now the African Union) and came into force in November 1999. It defines a child as anyone below 18 years of age without exception. It also states that: "States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child" (Article 22.2).

M O 191 L E 5 DU

Children and armed Conflicts

MODULE 5 000

National Instruments in West Africa Specific to Children


C O U N T RY
Nigeria Ghana Sierra Leone Cote dIvoire Gambia NOTE

INSTRUMENT
Child Rights Act of 2003 Childrens Act of 1998 National Child Rights Bill of 2007 Act on Children of 1970 Childrens Act 2005

C O U N T RY
Senegal Liberia Mali Guinea Guinea Bissau

INSTRUMENT
Child Protection Code -

C O U N T RY
Benin Burkina Faso Cape Verde Niger Togo

INSTRUMENT
Draft Child Code (in progress)

For some of these countries in West Africa, there are certain articles within the national constitution, which takes into account some minor issues regarding children.

Impact of these legal instruments

The existence of these legal instruments need be felt within Africa. The Convention on the Rights of the child enjoins that Member States shall undertake to disseminate the Conventions principles and take all appropriate legislative, administrative and other measures for the implementation of the Rights recognised in the present Convention. In Nigeria, for instance, a draft Childs Rights Bill aimed at principally enacting into law in Nigeria the principles enshrined in the Convention on the Rights of the Child and the AU Charter on the Rights and Welfare of the Child was prepared in the early 90s. But it was only after about ten years with several Heads of Government and heated debates by the Parliamentarians that the bill was eventually passed into law by the National Assembly in July 2003 and promulgated as the Childs Rights Act in September 2003. To date, only 16 out of the 36 states of the Federation have adopted the Act. Despite adopting it in their various states, implementation is virtually non-existent. It therefore brings a question to mind - if the national law is not implemented, how will the international ones be respected? Why was the Act enacted in the first place? No doubt, in so many countries, there is total lack of political will to ensure the protection of childrens rights. The impact of these instruments is not felt in any way since they are not regarded as being one of the very important issues such as elections, oil production, etc.

Challenges

Religious considerations child marriage, corporal punishment, etc.; Attitudes and beliefs about children they can only be seen, not heard; Education.

Plenary Discussions:
What has been the impact of these legal instruments on the lives of children in Africa? Identify other challenges to the implementation of the statutes of the legal instruments in Africa

Special Representative for Children and Armed Conflict

In September 1997, the Secretary-General appointed Mr. Olara A. Otunnu as his Special Representative for Children and Armed Conflict. Ms. Radhika Coomaraswamy has assumed this position since April 2006.

444 192

Children and armed Conflicts

MODULE 5 MODULE 5

The Mission Statement of the Office of the Special Representative is:


"To promote and protect the rights of all children affected by armed conflict";

The Special Representative serves as a moral voice and independent advocate for the protection and well-being of boys and girls affected by armed conflict; The Special Representative works with partners to propose ideas and approaches to enhance the protection of children and armed conflict and to promote a more concerted protection response; The Special Representative and her Office advocates, builds awareness and give prominence to the rights and protection of children and armed conflict; The Special Representative is a facilitator, undertaking humanitarian and diplomatic initiatives to facilitate the work of operational actors on the ground with regard to children and armed conflict; The Office of the Special Representative does not have a field presence but promotes and supports the efforts of operational partners.

SESSION FOUR
EXISTING RESEARCH ON CHILDREN & ARMED CONFLICTS Objective
To examine existing research on Children and armed conflicts in Africa Training Resources: Flip chart, markers. Duration: 20 Minutes. Facilitators Note: This session examines the Graca Machel report on The Impact of Armed Conflict on Children and its 10-point recommendations. Take participants through the report and ask their views on it.

MINI LECTURE: THE GRACA MACHEL REPORT ON THE IMPACT OF ARMED CONFLICT ON CHILDREN
So much research work has been carried out on children and armed conflict in Africa and the impact on society and the children. The Graa Machel study on the Impact of Armed Conflict on Children (A/51/306 of 26 August 1996) however, was an important step in putting the issue on the international agenda. The study recognised that "childrens needs and aspirations cut across all ideologies and cultures." While this is true, during armed conflict, children nevertheless are particularly vulnerable to human rights violations. A most important outcome of the report on the impact of armed conflict on children was the ten point call for urgent action: 1. Peace and security: The needs of children and women must be at the heart of all actions to resolve conflicts and implement peace agreements, including those mandated by the United Nations Security Council, the General Assembly or the High Commissioner for Human Rights. Peace-keepers have a vital role to play in promoting children's rights. 2. Monitoring and reporting violations of child rights: Children in armed conflict situations must be treated as a distinct and priority concern in all monitoring and reporting activities by UN field personnel and any other responsible organisations which may be involved.

193 MODULE 5

Children and armed Conflicts

MODULE 5 000

3. Health, psychosocial well-being and education: These should be the pillars of all humanitarian assistance for children in emergencies. Psychosocial well-being can best be ensured through community rather than institutional approaches. 4. Education lies at the centre of a viable community, so maintenance of schooling during emergencies is an indispensable imperative. 5. Adolescents: Their educational, training and health care needs should be given priority attention to assist their well-being and to discourage their participation in armed conflict, trafficking, prostitution and drug abuse. This cannot be achieved without the participation of youth in their own personal and community development. Child-headed households urgently need protection and care. 6. Gender-based violence: Whether committed by a soldier or an official, whether as a matter of public policy or individual behaviour, all incidents of wartime rape and other sexual torture must be prosecuted as war crimes. Military and peace-keeping troops and personnel of all humanitarian agencies must have special training on their responsibilities to children and women. 7. Internally displaced children: In each emergency, a lead organisation should be assigned overall responsibility for the protection and assistance of internally displaced persons. In collaboration with that lead organisation, UNICEF should provide leadership for the protection and assistance of internally displaced and unaccompanied children, with particular reference to preventing family separation and promoting family tracing. 8. Child soldiers: A global campaign should be launched to stop the recruitment of children under age 18 into armed forces and to ensure that governments and opposition forces demobilise all such children immediately and incorporate their needs into peace agreements and demobilisation programmes. The first such step should be to speedily conclude, adopt and adhere to the draft Optional Protocol to the Convention on the Rights of the Child raising the age of recruitment and participation in armed forces to 18 years. 9. Land-mines: The report supports the international campaign for a complete ban on the use, production, trade and stockpiling of land-mines; programmes to instruct children in minecontaminated areas about the dangers of mines; child-centred rehabilitation programmes and landmine clearance with contributions required from countries and companies profiting from land-mine sales. 10. Prevention: The international community should closely monitor arms transfers and impose a total ban on arms shipments to conflict zones. Governments and civil society, with support from donors and development agencies, must address the root socio-economic causes of conflict and support the social infrastructure that protects children. 11. Special Representative: A Special Representative of the Secretary-General should be named to monitor implementation of this report and ensure that issues of children and war are kept high on international human rights, peace, security and development agendas. Ten years later after the Graca Machel report, a strategic review (Machel Study 10-year Strategic Review- Children and Conflict in a Changing World) was convened to assess progress and identify key challenges and priorities for the future of the Children and Armed Conflict Agenda. The Review was done via focus group discussion and an online questionnaire and the result was a compilation of the views and recommendations of some 1,700 children and young people in 92 countries. The focus group discussions included children and young people who have experienced conflict themselves, with many of the participants speaking about how their own lives have been affected. The resulting report was presented to the UN General Assembly in October 2007. 194 444 Children and armed Conflicts MODULE 5 E 5 MODUL

SESSION FIVE
ENDING VIOLENCE AGAINST CHILDREN
To understand violence against children. To examine measures in ending violence against children. Training Resources: Flip chart, markers. Duration: 15 Minutes. Facilitators Note: 1. Highlight the quotes below and discuss; 2. Ask participants to answer the questions under the Exercise and use as background for mini lecture

Objectives

MINI LECTURE: ENDING VIOLENCE AGAINST CHILDREN


Violence against children cuts across nations, race, class, religion and culture. Children all over the world continue to experience violence in different forms and varying degrees. Children are routinely exposed to violence at home, at school and within the community, sometimes under the guise of discipline and most of it go unreported. Corporal punishment is still practiced in so many countries. Reports of infanticide, cruel and humiliating punishment, neglect and abandonment, sexual abuse and other forms of violence against children date back to ancient civilisations. Recently, documentation of the magnitude and impact of violence against children shows clearly that this is a very substantial and While legal obligations lie with States, all sectors serious global problem. of society, all individuals, share the responsibility of condemning and preventing violence against children Extreme forms of violence include female genital and responding to child victims. None of us can mutilation, sexual exploitation, trafficking, child labour look children in the eye if we continue to approve or and being used as soldiers during armed conflict. condone any form of violence against them. Sexual abuse, physical and psychological violence, Report of the Independent Expert for the and sexual harassment are forms of violence which UN Study on Violence Against Children, occur in all settings. In most societies, sexual abuse para. 91 of girls and boys is most common within the home or

is committed by a person known to the family. But sexual violence also occurs in schools and other educational settings, by both peers and teachers. It is rife against children in closed workplaces, such as domestic labourers employed in private households. It also takes place in institutions and in the community, at the hands of people known to the victim and others. Girls suffer considerably more sexual violence than boys, and their greater vulnerability to violence in many settings is in large part a product of the influence of gender-based power relations within society. At the same time, boys are more likely to be the victims of homicide, and particularly of violence involving weapons.

MODULE 5 195

Children and armed Conflicts

000 MODULE 5

The consequences of violence against children vary according to its nature and severity. But the short- and long-term repercussions of violence can be devastating. Exposure to violence in early childhood can affect the maturing brain. Prolonged exposure in children, whether as victims of or witnesses to violence, can disrupt nervous and immune systems and lead to social, emotional and cognitive impairments, as well as behaviours that cause disease, injury and social problems. Violence can result in health-risk behaviours such as substance abuse and early sexual activity. Related mental health and social problems include anxiety and depressive disorders, impaired work performance, memory disturbances and aggressive behaviour.

Ending violence against Children will require:


1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Strengthening national and local commitment and action; Establishing of childrens ombudsmen nationally; Ensuring accountability and ending impunity; Prioritising prevention; Promoting non-violent values and awareness-raising; Enhancing the capacity of all who work with and for children; Providing recovery and social reintegration services; Ensuring participation of children; Creating accessible and child-friendly reporting systems and services; Addressing the gender dimension of violence against children; Developing and implementing systematic national data collection and research;

Exercise
1. 2. 3. 4. What is your personal definition of violence against children? What is your personal experience of violence against children? What is your view on corporal punishment? What are the acute and long-term consequences of violence against children? Classify them under physical, health, financial and psychological consequences. Identify measures that should be used to end violence against children.

5.

196 444

Children and armed Conflicts

MODULE 5 MODULE 5

SESSION SIX
ABUSE OF CHILDREN BY PEACEKEEPERS
To examine the role of peacekeepers; To question the abuse of children by some peacekeepers. Training Resources: Flip chart, markers. Duration: 15 Minutes Methodology: Mini Lecture, Discussions. Facilitators Note: 1. Ask participants to state some abuses of children during conflicts; 2. Ask them to state some abuse after conflicts; 3. Write responses on flip chart and use in mini lecture.

Objectives

MINI LECTURE: ABUSE OF CHILDREN BY PEACEKEEPERS


Sexual abuse, human trafficking, sexual exploitation, rapethese are not words one expects to hear when describing the actions of peacekeepers. However, this is an unfortunate reality in many countries, and Liberia is just the most recent country with UN peacekeepers in the spotlight over abuse allegations. In Liberia sex-for-aid is widespread, and girls as young as 8 years of age are being coerced into having sex in exchange for much-needed food. Other countries with abuse allegations included, but are not limited to, Peacekeepers are defined as armed personnel serving Bosnia, Haiti, Sudan, Ivory Coast, Kosovo, Morocco, within a mission of either the UN Department of the Congo and Sierra Leone. The issue of Peacekeeping Operations (UN-DPKO), the peacekeepers in Bosnia was extremely grave, as Economic Community Cease-fire Monitoring peacekeepers were heavily involved in sex trafficking Group (ECOMOG), a peacekeeping force set up by and enslavement of countless girls. Peacekeepers the Economic Community of West African States; are capable of exerting particular influence over the or any international organisation. communities in which they serve, especially over children and young people. This is largely due to the fact that they are armed and provide much-needed physical security within contexts of extreme fragility. Furthermore, peacekeeping forces contain a significant number of military personnel with discriminatory attitudes to women . While the above narrative is fictionalised, the hideous acts illustrated are not, and the abuses of children are a far cry from what is truly heard. The abuse of children by peacekeepers is of the unimaginable forms of abuses ever recorded.

MODULE 5 197

Children and armed Conflicts

000 MODULE 5

These include: forced sex, food for sex, rape, touching. Victims include orphans and children separated from their parents; those from especially poor families; children who are discriminated against; children displaced from their home communities; and children from families who depend on humanitarian assistance.

In the 1996 UN study, The Impact of Armed Conflict on Children, Graa Machel, former first Lady of Mozambique, stated: In 6 out of 12 country studies on sexual exploitation of children in situations of armed conflict prepared for the present report, the arrival of peacekeeping troops has been associated with a rapid rise in child prostitution. Trading money or food for sex with young girls, is no less a crime for a peacekeeper, as rape, paedophilia, child-pornography, child sex trafficking, physical or mental abuse. The abusive nature of many peacekeepers is hindering the already strained role of the UN in countries around the world. A recent report by Save the Children UK (2008) shows significant levels of abuse of children by peacekeepers with so much going unreported. Troops associated with the UN Department of Peacekeeping Operations (DPKO) were identified as a particular source of abuse in some of our fieldwork locations, particularly in Haiti and Cte dIvoire.

Imagine you are a child whose whole family has been murdered before your eyes, your home burned, and you have only escaped as they thought you too were dead. You have now walked for three days with little food or wateryou see the camp ahead of you as salvation, the men who guard it as saviours, but your dreams of safety are quickly shattered as you are raped behind that fence of safety by men old enough to be your father.

UNHCR, 2 WFP, 1

DPKO, 6

UNV, 4
Source: United Nations Annual Reports of the UN Secretary-Generals bulletin, Special Measures for Protection from Sexual Exploitation and Sexual Abuse A/59/782 (15 April 2005);A/60/861 (24 May 2006); and A/61/957 (15 June 2007)

So many reasons are given for the non-reporting of abuse of children by the peace-keepers. Some of these amongst others are:


198 444

Fear of losing much needed material assistance to their families; Stigmatisation being called bad boy or girl; Threat of retribution or retaliation; Lack of effective legal services

Children and armed Conflicts

MODULE 5 MODULE 5

Sexual Exploitation in the Mano River Region

In 2002, Save the Children UK and UNHCR published a report detailing the behaviours of UN personnel and peacekeepers in refugee camps in the Mano River Region. In Liberia, disturbing evidence of the sexual exploitation of refugee children was uncovered. The report asserted that the majority of children consulted knew at least one other child who had been involved in exchanging sex for money and gifts from humanitarian aid personnel. The discovery of these deplorable acts prompted the establishment of the UN Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises. This committee has established six core principles for the conduct of humanitarian staff; the termination of any staff found to be engaging in exploitation; the prohibition of sexual activity with any child under the age of 18; prohibiting the exchange of any goods, services or money for sex or exploitation; requiring that all humanitarian employees report abuses and for all humanitarian agencies to develop mechanisms to prevent exploitation. In 2004, the IRC published a Situation Analysis of Gender Based Violence in Liberia. Research conducted amongst women and girls in refugee camps in Sierra Leone revealed that over one third surveyed reported being coerced to have sex in order to obtain food and/or protection from aid workers both before and during displacement.

Participants should identify

Cases of abuse are as varied as they are unspeakable; one of the most shocking was in 1997 when Belgian UN troops admitted to roasting a Somali boy. Other U.N. peacekeeping atrocities have included an Italian peacekeeper sexually abusing and strangling to death a young boy, and the discovery of human trafficking rings. There has been a lot of public uproar over the delay in reporting such issues of sexual abuse of children by UN peacekeepers, including the abuses in Sudan which appeared to take at least six months to report. However, the biggest concerns are where the cases of abuse have been unsubstantiated and where the UN has rejected refugee sex abuse allegations. Regardless of the fact that many of these issues have now been restated, it bears little cause for hope that justice is truly being served. It also leaves many to question if there are countless other ghastly abuses by peacekeepers, which have been kept under wraps. As part of efforts to stop the abuse by peacekeepers, several interagency organisations have been formed and working in all regions of the world. They include: Building Safer Organisations; the InterAction Task Force; the Executive Committees on Humanitarian Affairs and Peace and Security UN and NGO Task Force on Sexual Exploitation and Abuse; and the Keeping Children Safe Coalition. The UN and the entire international community must ensure that when peacekeepers show up to protect our children from predators, that they do just that. For if one cannot trust those sent to protect and look after the children, then who can one trust? Children who have grownup and spent their entire lives in the middle of armed conflict have little trust and security to begin with; we cannot stand by and allow them to be continually abused and re-violated.

MO 199 D U L E 5

Children and armed Conflicts

MODULE 5 000

SESSION SEVEN
CHILDREN AS AGENTS OF PEACEBUILDING
To create awareness on how children can be involved in peace building initiatives. Training Resources: Flip chart, markers. Duration: 15 Minutes. Methodology: Mini lecture. Facilitators Note: 1. Ask participants how the views, opinions and experiences of children are important in peace-building initiatives; 2. Write responses on flip chart and use to teach mini lecture.

Objective

MINI LECTURE: CHILDREN AND PEACEBUILDING


Children affected by armed conflict face specific challenges, and therefore need interventions that will address their special needs. Within these child-specific interventions, girls require special attention, health services, and learning opportunities to help them overcome the trauma they may have suffered due to gender-based violence. Children of different ages experience armed conflict in different ways, and different age groups will benefit from developmentally appropriate interventions that take their experiences into account. A children's rights perspective needs to be integrated into all peace-building activities that may have an impact on children. As with the mainstreaming of gender equality, children's rights must be integrated into peace building in a way that does not limit it to a separate child rights component or "pigeon hole" in an intervention. The promotion and protection of children's rights should be among the primary objectives and expected results of peace building projects. Involving children and youth in peacebuilding and reconciliation initiatives will enhance conflict prevention efforts. While children are victims in war, they are not merely passive subjects, but rather they are actors who possess and exercise agency. Engaging youth in local, national, and international dialogue on the root causes and consequences of conflict is crucial in developing a holistic framework for conflict resolution and prevention. As children are so adversely affected by conflict, it is imperative that their insights be integrated in peacebuilding initiatives to ensure that their experiences will lead them to work towards attaining and maintaining peace, rather than reverting to the violence that they have grown to know. Children should be educated on methods and means of resolving and mitigating conflict; they should be given a voice to convey their unique concerns and insights pertaining to conflict. These insights should be acknowledged by educators and policy makers, and children should be given opportunities to actively participate in peacebuilding processes.

444 200

Children and armed Conflicts

MODULE 5 MODULE 5

Involving children in peace building initiatives may require looking at the following:
ISSUES
The perception of children in the family and community, preconflict

WHY
Initiatives that aim to establish some sense of "normalcy" following or during a conflict should begin with an understanding of children's roles in "normal" circumstances. While it may not be advisable to re-create old patterns of living, it is important to know how children were treated and viewed prior to the conflict in order to design more culturally relevant and appropriate post-conflict interventions. The needs of children may not be recognised as distinct from the basic human needs of families and communities. Child participation is not invited, and children may be "invisible." Consequently, children may be denied access to the resources, benefits and opportunities provided by peace building projects (e.g. vocational training or micro-credit).

1.

2.

Impact of peace building initiatives on children An understanding of how boys and girls, of varying ages, have been affected by the conflict. The diverse roles assumed by children during armed conflict domestic workers, sex slaves, soldiers, messengers, spies, etc Inclusion of children in the design of the initiatives and intervention The view with which the children are held as survivors and active participants or as victims and problems Recognition of childrens role as agents of positive reconstruction of social systems

3.

Children experience armed conflict differently from adults, girls differently from boys, younger children differently from adolescents. These differences must be recognised in the analysis and design of activities. The vulnerability and relative helplessness of children make them more likely to have been subjected to a wide range of traumatic situations, often repeatedly. Looking at children in different roles will provide a more complete understanding of their experience in armed conflict, and will also avoid seeing them as passive victims in their own recovery. Age and gender are important factors to consider since they may determine the roles that children assume in armed conflict. Because children are generally in subservient roles in armed conflict situations, they may have been habituated to silence or to not expressing their opinions. Participatory intervention design strategies need to take this into account, and include sensitive ways of encouraging children's participation. Children are often seen as victims, as objects of compassion rather than active and as subjects/bearers of rights. Using an approach based on children's rights -- which sees children as bearers of social, economic, political, civil, and cultural rights -- is one way to avoid this tendency. This is particularly important for older children who are more likely to have well-developed ideas about their lives and futures. In destroying old ways of functioning, conflict can also set the stage for more positive changes to social structures, systems and values. Children are central players in adopting, internalising, and perpetuating these new social values (e.g. non-discrimination, gender equality, peaceful conflict resolution).

4.

5.

6.

7.

Source: Children Affected by Armed Conflict: Programming Framework By Geeta Narayan, CIDA, July 2002

GROUP WORK

Your team has been called upon to draw up a peace building intervention with children as the central players. Using your own context, outline what you will do.

Exercise

Instruction: 1. Divide participants into 3 groups; 2. Give each group a flip chart and a marker; 3. Give group exercise; 4. Convene in a plenary and discuss outcomes from each group.

MODULE 5 201

Children and armed Conflicts

000 MODULE 5

HANDOUTS

202 444 Children and armed Conflicts

MODULE 5 MODULES 5

How would you describe or define Children in Armed conflict?

Answer:

Rate your knowledge of the following: B C D E Consequences of armed conflict who are the victims, and what are the consequences? What instruments are available and how they work regarding the use of children in armed conflict? Identifying children who have been used in armed conflicts. The Rights of the Child

Very poor

Poor

Good

Very good

Attitudes to children Your ideas about children i. ii. iii. iv. v. vi. vii. viii. ix. X Children are vulnerable. Children should grow up being looked after by their families. Children should always do what adults tell them. Children who run away from home deserve what they get. Children who live on the streets should be used during armed conflicts. Girls and boys suffer the same atrocities during conflict. Children become traumatised during armed conflict but they get over it. Upholding the rights of children is the sole responsibility of governments. Children suffer as much as adults during conflicts. Boys cannot be sexually abused . Agree Disagree Not sure

203

MODULE 5

204

MODULE 5

Module
YOUTH AND DEVELOPMENT IN WEST AFRICA

205

MODULE 6 205

YOUTH & DEVELOPMENT IN WEST AFRICA


OVERVIEW High employment, illiteracy and poverty among West Africas youth have made many young men and women pawns in the regions violent conflicts and civil wars. Youths in Liberia, Sierra Leone and Cote divoire were key players in advancing the agenda of rebel forces and insurgencies. In other countries across the region, there has been marked increase in youth involvement in occultism, gangsterism and other forms iof criminality. This dire situation makes the focus on youth development an important conflict prevention strategy. Measures and initiatives should be designed to increase youth participation in leadership and decision-making processes thereby creating avenues for youths to be part of policy making processes that will affect them. This module examines the current situation of youths in West Africa, it highlights the challenges facing youth development in the region and explores strategies that can enhance youth participation and involvement in leadership governance and peace. Objectives The specific objectives of this module are to analyse the concepts of youth in west Africa, explore the role of youth in conflict prevention and examine entry points for youth inclusion in development, leadership and decision-making processes. Brief Profile of Module Developer: ABUSUA FOUNDATION Abusua Foundation is a youth-run, youth-focused and youth-oriented, non-profit and nongovernmental organisation based at the University of Cape Coast (UCC) in the Central Region of Ghana. Though located in the Cape Coast Metropolis and the Komenda-Edna-Eguaafo-Abrim Municipality, Abusua Foundations programming reaches into the Western Region, especially into the twin cities of Tarkoradi and Sekondi. Abusua focuses on youth development issues (training and capacity building), prison(er) reformation and rehabilitation (advocacy and training) and HIV/AIDS, with a focus on care and support services for persons with HIV/AIDS. The underlining concern for Abusua in its varied fields of engagement is the rights of young people. Abusua is motivated by a concern to give practical effect to the principle that young people have a right to education, skills building, and training; that prisoners have a right to education, healthcare, fair treatment, etc; and that persons with HIV/AIDS have economic, social and medical rights. These are the issues that inform our work. ACKNOWLEDGEMENTS This module was developed by
Abusua Foundation Lead Developer: Simon Eyram Tsike-Sossah Malawski and Kate Frimpong

Contributors: Pamela Holland, Ms Ariane Jessica

206

MODULE 6

INTRODUCTION
The Concept of Youth
Africa is referred to as a young continent. A substantial portion of the population is under 24 years of age . In several African countries such as Zimbabwe, Zambia, Swaziland, Kenya, Burundi and Uganda, over fifty per cent of the population comprises of young people between the ages of 15 to 29 years. In West Africa, the youth population is estimated to be three hundred (300) million, accounting for about 4.6 percent of the worlds population. The combination of high population growth and low life expectancies implies that West Africas population is comparatively youthful. African youths are largely discriminated against, especially in the areas of decision-making, participation and governance. Essentially, this isolation frequently results from negative stereotypical images of youths that breed perceptions that young people are unable to contribute to societal development. This situation is often sustained by polices and legislation which resultantly creates the social context for youth despondency and irresponsibility to flourish as the space and opportunities for effective partnership and collaboration between youths and adults are diminished.

Who is a Youth?

Defining youth is intrinsic to understanding the role of youth in development, especially in Africa where development models and concepts have been largely structured around Western ideologies and philosophies. The United Nations (UN) defines youth as those persons between the ages of 15 to 24 years . The UN proposes two types of youth: young people between ages of 13 - 19 are teenagers, while those in the 20 - 24 bracket are described as young adults. The UN recognises that the concept of youth hinges on issues of specific socio-cultural, institutional, economic and political factors. Other international bodies offer different descriptions of youth. The following are examples:

The umbrella body of youth organisations in Europe, the European Youth Forum (EYF), does not categorically define youth in its statute. The EYF, however, places an upper age limit of 35 years for persons who qualify as youth or who can potentially be part of its programming. The document does not say why the maximum age limit is placed at 35 years. This, however, goes to show that the concept of youth is dynamic depending on context and purpose; what (in terms of age) is acceptable or will be acceptable for youth. The World Bank also adopts the UN definition of youth as person between the ages of 15 - 24 years. The Bank acknowledges that its policies and programming in favour of youths have been uneven in its approach and the incorporation of children and youth issues in sectors beyond human development has been inconsistent .

MODULE 6 207

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

000 MODULE 6

OVERVIEW OF SESSIONS
Youth and Development
Contents/Sessions Materials Required
Baseline Knowledge Test; Flip chart and marker Flip chart and markers Flip chart, markers, handouts Flip chart, markers, handouts

Methodology

Duration

Youth Entry Points into Development Processes

Mini lecture & plenary

10 minutes

Positive youth- adult engagement

Mini lecture & plenary

15 minutes

Youth and conflicts

Group work/plenary

15 minutes

Identifying youth priorities and best practices

Mini lecture, plenary

20 minutes

Best Practices for youth development and conflict prevention

Flip chart, markers, handouts

Case Studies plenary

20 minutes

Influencing Youth Policies

Flip chart/markers Cumulative Training Time

Mini lecture /plenary

20 minutes 105 minutes

444 208

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

SESSION ONE
YOUTH ENTRY POINTS INTO DEVELOPMENT PROCESSES
To highlight youth entry points into development processes Training Resources: Handouts 1 and 2, Flip Chart and markers. Duration: 15 minutes. Methodology: Discussion and Brainstorming Facilitators note: 1. Using Handout 1, write the four key words on a flipchart; 2. Define the key words and discuss the definitions; 3. Ask participants for ideas on getting on board; 4. Capture all comments on flip chart. Participation Ladder 1. Refer to Handout 2. Explain the participation ladder to participants. Note that progression from the top to the bottom of the ladder reflects the degree to which the approach is participatory; 2. Divide participants into three groups. Let each group explain how each of the following reflects on the level of participation in their communities: Manipulation; Assigned but informed; Youth-initiated, Shared decisions with adults.

Objective

MINI LECTURE: THE WORLD BANK BELIEVES THAT:

Children and youth constitute nearly half of the developing worlds populations Children and youth represent the greatest leverage point for investments in human capital and the principal means by which to reduce inter-generational poverty; Children and youth have little or no voice in current strategies for development, leaving them susceptible to politically and economically disruptive activities. Youth: For the purposes of this Charter, youth or young people shall refer to every person between the ages of 15 and 35 years. The African Youth Charter indentifies another group of youths as minors, which it defines as: young people aged 15 to 17 years subject to each countrys laws.

In the opinion of the Bank, these factors have contributed to a growing concern among the public and policymakers over the future of young people. The Bank believes that youths represent both the greatest opportunity if their resources are harnessed - and a potential time-bomb if they are continually ignored-. The African Youth Charter adopted by the Seventh Ordinary Session of the Conference of Heads of State and Government held on July 2, 2006 in Banjul, The Gambia, states in the introductory pages:

444 209

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

An Historical Perspective: Why Focus on Youth?


The UN General Assembly Resolution on World Programme of Action for Youth to the Year 2000 and Beyond (A/RES/50/81) acknowledges the importance of youth and young people in the socio-economic life of any nation-state. At that historic meeting, a world programme of action for youth (WPAY) was adopted. Pertinent issues of priority for youth addressed in that resolution were: 1. 2. 3. 4. Poverty and hunger among youth; Employment and education; Health; Participation in decision-making.

Later, the issues of youth in conflict and HIV/AIDS were added to the list of issues of priority for youth. However, it was not until 2006 that Africa decided to focus on youth issues when it held its first Regional Policy Workshop on Youth Development in Africa in Addis Ababa, Ethiopia. The goal of the Africa Regional Workshop was to concentrate on demographic and social characteristics, policy issues, best programme practices, and capacity building requirements in support of the social development of young people in Africa, particularly in order to enable decision-makers develop effective responses.

Specifically, the objectives of the Youth Development in Africa workshop were:


1. To examine the current situation of young people in sub-Saharan Africa in terms of demographic and social characteristics in relation to the six priority areas for youth; 2. To promote awareness among regional and national policy-makers about the need to incorporate youth perspectives in their development planning and to strengthen their capacity to design and implement policies and programmes that address the needs of young people in the six priority areas; 3. To further develop the capacity of participants to analyse the effectiveness of existing youth policy frameworks and to advance recommendations for addressing youth issues and social integration in Africa in the context of the six priorities; 4. To work with participants to identify further capacity-building needs and knowledge gaps for followup activities; and 5 To foster inter-regional collaboration for youth development in Africa across governmental, civil society and academic sectors. At the time of this workshop, the African Union did not have a Youth Policy or a charter to guide its programming in terms of the WPAY as captured by the UN Resolution (A/RES/50/81). Currently, the African Union has a Youth Charter and it expects member states to develop youth policies in the framework of African Unity and Development. Since the adoption of the Youth Charter, South Africa, Ghana, Nigeria and some other countries have taken steps to either develop a youth policy or have updated their policies.

Role of Youth in Conflict and Conflict Prevention

The high poverty levels, unemployment and bad governance systems prevailing in the West African subregion have rendered youth in the region the most vulnerable to manipulation and recruitment into armed criminal gangs and warring factions. The youths have been recruited to fight wars in Sierra Leone, Liberia, Cote dIvoire, and Guinea Bissau.

210 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i cMODULE 6 a 000

Outside of the West African region, youths in Angola, DR Congo and other central and southern African countries have also found themselves in similar situations. While the conflicts have been fought over various periods, the precipitating factors and actors have remained the same poor governance, youth and child soldiers, ethnicity, and the agendas of Western governments. Over the years, youths in the West African sub-region have been excluded from effectively participating in, and contributing to, structural or systemic reforms. The prevalence of high youth unemployment provides the impetus for youth involvement in activities that destabilise their societies. Such activities include serving as mercenaries, weapon bearers, sex slaves and fighters. Lack of financial support for youth initiatives contributes to impeding personal growth. Enhancing the capacity of the youth to contribute to peace and security in region is crucial to reducing their enlistment as agents of violence and wars. Lack of education and marketable skills as a result of collapsed political and social systems in West Africa limits the opportunities for youth development and can create a reservoir of potential mercenaries and political and social subverts. In post conflict countries, governments are faced with the challenges of re-integrating youth combatant into the society. A number of factors explain the reasons for these challenges. Government and youth in Africa have limited skills in leadership, peace building and conflict prevention; they are also poorly equipped to engage in peace education. Very few civil society organisations support youth initiatives. This limited commitment to youth issues undermines youth enthusiasm and constrains their ability to contribute to conflict prevention and peace building in the _region. In addition, while there is exclusion of rural youth in the youth agenda, there is also fragmentation and disunity among youth due to the competition for leadership spaces. West African youth have generally been vulnerable. They have been largely incapable of protecting themselves from being drawn into conflicts. Yet not only do the youth deserve protection but they also have a critical role to play in preventing conflicts, and in positively advancing the discourse on conflict prevention and peace building. Toward this end, it is important for the capacity of youth in effective leadership and participation be enhanced. Also, youth should be provided with practicable skills of conflict resolution and intervention to enable them respond to conflict that arise in their communities Third, the space around adult-youth engagement must be enlarged. Accordingly, the socio-political, economic and cultural myths that guide this space must be re-thought and reshaped to give the youth more responsibility. With genuine inclusion and participation, youth will commit more to national development and protect the nations they have helped build. Finally, entrenching youth development and commitments in national constitutions will be an effective way to get youth to positively contribute to peace building and conflict management rather than the current youth policies that lack legal backing and are subject to shifting political agendas.

444 211

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

SESSION TWO
POSITIVE YOUTH-ADULT ENGAGEMENT
To provide participants with a framework for understanding positive adult-youth engagement Training Resources: Flip chart, markers and Handout 3. Duration: 15 minutes. Methodology: Group Exercice and Mini lecture. Facilitators Note: 1. Divide participants into two groups; 2. Give each group some flip chart paper and marker pens; 3. Ask one group to brainstorm on the things youth can do to engage more with adults; 4. Ask the other group to brainstorm things that adults can do to engage more with youth; 5. Ask both groups to capture their discussions on flip chart; 6. Allow participants 10 minutes to discuss their findings with the rest of the group; 7. Use findings on group exercise to give mini lecture on positive adult-youth engagement.

Objective

MINI LECTURE: POSITIVE ADULT ENGAGEMENT A Framework


The framework for positive adult- youth engagement is built on the assumption that when responsive and productive organisations (e.g. governments and communities) involve youth in decision-making processes, it will yield confident and committed youth and adults. This in turn will enhance the communitys capacity for more inclusive decision-making processes.

Explaining the Framework


(A) Youth Contributions During adolescence, many young people are driven to explore issues of social justice. They are creating and experimenting with their own principles and political ideas, leading to many becoming involved in supporting causes. Consequently, in many organisations, young people become the keepers of the vision. Young people often speak their minds and bring a fresh perspective to organisational decision-making. Adolescence is also a time for deepening relationships and intimacy with peers. Young people bring a first-hand knowledge of youth their interests, concerns, fears, passions that simply is not accessible to adults. They connect to other young people and can leverage the participation and skill of their peers.

MODULE 6 212

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

000 MODULE 6

Representation of Positive Adult-Youth Engagement


Youth Participation in C ommunity Programme and Decision-making

Youth Contribution (A)

Adult Contribution (B)

Youth Contribution (A)

Youth Participation in Community Programme and Decision-making


(C)

(C)

Adult Contribution (B)

Confident and Committed Youth

Respo nsive and Productive Communities and Organizations

Confident and Competent Adults

Confident and Committed Youth

Responsive and Productive Communities and Organizations

Confident and Competent Youth

Expanded Community and Organizational Capacity for Expanded Community and Organizational Decision-making

Capacity for Decision-making

Increased Economy and National Decision Increased Economy making processes and National Decisi on
making processes

Figure 2: A framework of positive adult-youth engagement

(B) Adult Contributions Adults can also be exemplary members of governance bodies, especially when they are prepared and motivated to work collaboratively with young people. Adulthood is a time to pass on ones knowledge and skills to the next generation. Feelings of community and connection take on greater importance as adults reach midlife. Young people especially value the lessons adults bring from other organisations; they often seek out the advice, instruction, and direction that adults can offer. Many adults have institutional powers that are not accessible to young people. Adults bring these resources to young people and the collective governance body. By virtue of years of work experience, adults also bring a range of administrative and programming skills to the table. They can create organisational infrastructures for administration and programming. Such structures allow youth to concentrate their expertise, interest, and time on the mission-driven and action-oriented aspects of the organisation. (C) Synergy: Youth-Adult Partnerships for Effective Decision-Making The mutual contributions of youth and adults can result in a synergy a new power and energy that propel decision-making groups to greater innovation and productivity. In this atmosphere of synergy, youth and adults become more committed to attending meetings and creating a climate grounded in honest appraisal, reflection, and ongoing learning. This synergy stems from the good fit between youth and adults who are in different stages of their lives, and therefore have different interests, skills, and experiences to bring to the 213 444
Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

table. Organisational or community decision-making provides the venue for meeting the developmental needs of both adults and youth. Young people need the structure and mentoring that an effective adult can provide. Adults find satisfaction in passing on their knowledge and experience to the next generation. When the group is functioning well, these differences merge into a whole. The organisation or the community profits as a result. These positive outcomes do not simply occur spontaneously; they require hard work and a sense of purpose. 1. For this to happen, the organisation or community must create the following necessary conditions: The top decision-making body must be committed to youth governance. If a governance body is focused on vision and learning, there is room for young people to make substantial contributions. If it is more traditionally focused on rule-making and management, then it is less likely that young people will have a significant influence. So the type of organisational models youth themselves run is important. Organisations should provide support for youth to advance through a variety of decision-making opportunities. Organisations should involve older youth in governance positions early on in the organisational change process; such involvement fosters the eventual integration of younger adolescents into governance. Adult leaders strongly advocate the inclusion of young people in decision-making roles. Giving youth a significant role in organisational governance violates traditional social norms. Therefore, it is unlikely to be adopted unless these social norms change. Given the adult grip on power in society, strong advocacy and leadership from individual adults or groups is required to convince others to bring young people into decision-making roles. Youth provide pressure and support for increasing youth participation in governance. The movement takes on greater power as young people begin to organise and demand increasing participation in governance. Attitudinal change does not occur when adults perceive their work with youth to be symbolic or tokenistic in nature. Instead, the attitudes of adults change when the interactions are:

2.

3.

4.

5.

a. Goal-oriented and purposeful; b. Lengthy; and c. Have meaningful consequences.

214 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i cMODULE 6 a 000

SESSION THREE
YOUTH AND CONFLICTS
1. To highlight the positive contributions of youths in conflict prevention and peace building; 2. To examine some misconceptions and facts about youths. Training Resources: Flip chart, markers Duration: 30 minutes. Methodology: Case Study and Mini Lecture Facilitators Notes: 1. In plenary, ask participants to highlight the negative role of youths in armed conflicts; 2. Write all responses on a flip chart; 3. Ask participants to give some of the factors that force youth into armed conflicts; 4. Verify from participants how youths can be kept out of armed conflicts; 5. Ask participants to highlight some of the positive roles youths play in armed conflict; 6. Ask participants to share experiences of youth involvement in mitigating armed conflicts from their communities; 7. Provide participants of case study on how youth in Sierra Leone helped bring peace to their country; 8. Ask participants to identify the key roles youths in Sierra Leone 9. Proceed with the mini lecture on misconceptions and facts about youth.

Objectives

MINI LECTURE: MISCONCEPTIONS AND FACTS ABOUT YOUTH


Adults are used to making decisions for young people, so it is natural that they may be concerned about sharing power and decision-making platforms. Many of these concerns are founded on misconceptions. Some ideas that adults have about young people, and some facts that have come from experience, are listed in the following table:

444 215

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

Misconception Because of their greater experience, adults know what is best for young people. Young people are lazy.

Fact Young people are the experts on their own needs and the needs of their peers. Youth are often under-stimulated or have never been given a real opportunity to provide meaningful input. Young people will rise to the level of the challenge set before them, however low or high. Young people are highly motivated to accomplish their developmental tasks. This involves taking both healthy and unhealthy risks. They will act in a positive fashion, if the opportunities and the supports are there. More and more, todays young people are faced with managing adult pressures, often without appropriate guidance. Young people who seem to be uncaring may actually be feeling overwhelmed by the burden of living their lives without adequate support. For many reasons, turnover does tend to be higher for youth-run events. One significant factor is that young people do not remain young forever. They grow up and move on to other pursuits. Turnover can be beneficial, however, because fresh ideas can help renew enthusiasm. Anticipate and plan for turnover in advance. Young people are some of the most energetic and creative resources the world has. Too often, this creativity is dismissed as impractical idealism and not taken seriously. With proper adult support, young people can respond extremely well to adult-level challenges.

Young people are looking for trouble.

Young people do not care about anything, and they do not want to get involved.

Young people do not have the ability to persevere.

Young people should be seen, not heard.

Young people should not be in charge, and they do not belong in adult roles. Young people cannot be given too much responsibility.

If properly supported, young people can take on surprising amounts of responsibility and leadership. Youth-led events require effort and are time-consuming, but they are also relevant and effective. It becomes a choice of organising an event easily or organising an event effectively!

Youth-led events take too much effort and too much time is wasted.

216

MODULE 6

CASE STUDY
How Youth in Sierra Leone Helped Bring Peace to their Country and Put Youth On The Adenda

The Youth Alliance for Peace and Development (YAPAD) was established during the Sierra Leonean civil war. It was made up of Peace Links-Sierra Leone, The World Peace Prayer Society, International Organisations of Good Templers, Sierra Leone Youth Empowerment Organisation, and the United Network of Young Peace Builders. YAPAD established cordial working relations with the UN Mission in Sierra Leone (UNAMSIL) and persuaded UNAMSIL to establish a radio station in the country. The station was used to send peace messages to the rebels who were still in the jungle. In some radio programmes, YAPAD members took rebels to talk to their colleagues to dispel the myth within rebel territories that any rebel seen in town would be killed. This led to many rebels leaving the bush and returning to town. YAPAD later expanded its membership to have a national spread and also addressed issues of youth marginalisation and poverty. This resulted in women and disabled youth groups joining the YAPAD family. YAPAD was part of a national reconciliation forum held from 23-25 April 2001 in the RUF stronghold of Makeni, the Northern Regional capital town. This forum laid the ground work for peace when the rebels agreed to disarm provided the government forces would agree to disarm simultaneously. The Government, RUF and UNAMSIL then met regularly and agreed on locations for disarmament. YAPAD and its allies believed that the peace would only be sustained if there was a comprehensive and integrated approach to youth development and empowerment. To this end, in March 2002, YAPAD joined the youth wing of the Civil Society movement to organise a project entitled laying bear the manifesto of political parties. Here, youth leaders lobbied all political parties running in the May 2002 polls to make a commitment to establish a separate ministry for youths. In June 2002, the Ministry of Youth and Sports (MYS) was created for the first time in Sierra Leone to address and respond to youth issues. The establishment of the Youth Ministry then became an opportunity for young people to ask for all they wanted. Youth organisations began to gain government recognition by registering with the MYS and getting certificates of registration. A National Youth Policy was endorsed by Cabinet and the process of establishing the National Youth Council started. A Youth Employment Scheme was launched. The UN family on the other hand supported youth initiatives as the general public was constantly reminded that the youth situation in Sierra Leone was an emergency. As a result, youth issues were highly considered during the preparation of Sierra Leones Poverty Reduction Strategy Paper. At the Donors Conference for Sierra Leone held in London, UK, many donors made pledges to support youth initiatives in Sierra Leone. The UN Peace Building Commission also allocated $ 9,000,000 to address youth issues. Note: Eventually there was peace in Sierra Leone; the youth sold their problems and raised USD9m (nine million dollars) to help in rebuilding their country.
This story is shared by BOCKARIE ENSSAH SIERRA LEONE, in Young People and Peace Building, A Case Study of Africa (2008), Commonwealth Secretariat, Lusaka, and Africa Region.

217 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f MODULE 6 rica 400

SESSION FOUR
IDENTIFYING YOUTH PRIORITIES AND BEST PRACTICES
To identify and share youth best practices across the region; Training Resources: Flipchart, markers. Duration: 15 minutes. Methodology: Group Exercise and Mini lecture Facilitators Note: 1. Break into small groups; 2. Ask each group to outline the top ten priority areas for the youth in their country/locality; 3. Regroup participants in a plenary to share their findings; 4. Give Mini Lecture 5. Compare the findings from the group work with the priority areas for youth development identified by the United Nations

Objective

MINI LECTURE: YOUTH PRIORITIES, PARTICIPATION & CHALLENGES What does the United Nations mean by youth, and how does this definition differ from that of children?
The United Nations General Assembly defined youth as those persons between the ages of 15 and 24 years. This definition was made for the International Year of the Youth, held around the world in 1985. All United Nations statistics on youth are based on this definition, as illustrated by the annual yearbook of statistics published by the United Nations system on demography, education, employment and health. According to the United Nations definition, children are those persons under the age of 15. It is, however, worth noting that Article 1 of the United Nations Convention on the Rights of the Child defines children as persons up to the age of 18. This was intentional, as it was hoped that the Convention would provide protection and rights to large group of young persons as possible, and because there was no similar United Nations Convention on the Rights of Youth. Many countries have used similar definitions. Youth is referred to as the age of maturity. This age is 18 in many countries, and once above this age, a person is considered an adult. However, the operational definition and nuances of the term youth often vary from country to country, depending on specific socio-cultural, institutional, economic and political factors.

MODULE 6 218

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

000 MODULE 6

United Nations Youth Priority Issues

Among other youth-related issues, the World Programme of Action for Youth from the Year 2000 and beyond identifies the following ten issues as the top youth priorities for governments:

For this Session, the focus will be on three key issues that youth consider as priority areas: 1. Education; 2. The Challenge of Employment; 3. Health, with emphasis on HIV/AIDS.

Education; Employment; Hunger and poverty; Health; Environment; Drug abuse; Juvenile delinquency; Leisure-time activities; Girls and young women; Full and effective participation of youth in the life of society and in decision-making.

Education

One of the main challenges facing youths in Africa is the constant changes in the educational curriculum. This has meant variations in the standards of education across the continent. In Ghana, for instance, there have been at least four shifts in educational paradigm since 1980. From the four-year Middle School system to the three-year Junior Secondary School system and the current four-year Senior High School scheme, the country has made significant changes in secondary school planning, with associated changes in the university and other tertiary level programming. Primary school enrolments and literacy rates in Africa are among the lowest in the world; 42 million school children in sub-Saharan Africa are not enrolled in school, while many children cannot afford to attend or stay in primary school (US White House Press release, June 2002).

The Challenge of Employment

Youth employment issues in Africa needs urgent attention. In sub- Saharan Africa, young people aged 15 to 24 make up 36 per cent of the working population. As a result of increases in population, the number of young people seeking employment is expected to increase by 28 per cent in the next 15 years which is equivalent to about 30 million people. On average, 21 per cent of African youths are unemployed. National rates exceeding 30 per cent are not uncommon but these figures capture only part of the problem.

219 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

With no social protection, many young people including graduates cannot afford to be unemployed and instead survive by taking up activities in the informal economy. Failure to address youth employment issues will have grave costs for society. Without opportunities to earn a living, intergenerational cycles of poverty will persist. This will reinforce the impact on youth incomes and activities, already made vulnerable by HIV and AIDS, food insecurity and violence. Young people and their employment must be seen as central for the broader development agenda. The UN Security Council has argued that youth unemployment is related to insecurity in West Africa. Joblessness fuels the propensity of young people to engage in crime and violence. Post-conflict re-integration programmes in particular must respond urgently to the needs of youth and child soldiers. Despite the scale of the challenge, many African governments have failed to appropriately address employment issues in their national poverty reduction strategies. Donors focus on employment has also been particularly weak and erratic. Yet, efforts to tackle youth employment issues have increased in recent years spurred by commitments made under the Millennium Declaration.

Youth Employment Network (YEN)


This initiative was spearheaded by Kofi Annan, the Former UN Secretary-General and is backed by two UN resolutions and promotes national-level strategies for youth employment among UN Member States. Senegal, a key advocate of the YEN, launched a youth employment programme in 2001. Since then, the national youth employment agency has assisted 25,000 young people in their job search. In addition, the agency has created a national fund to provide financing for youth micro-enterprises with a special focus on young women, which has helped to create over 12,000 jobs. Also, the agency facilitated public-private partnerships that have improved vocational training through business internships for 600 graduates. Other sub-Saharan African countries that have volunteered to prepare youth employment action plans include Mali, Rwanda, Namibia, and Nigeria.

What do Employers Want?


Employers like entrepreneurs want the most out of their investment. They expect to receive the full potential outputs from their staff. Apart from that, employers seek a number of skills that can produce the results that they envisage for their businesses. Every employer is looking for a specific set of skills from job-seekers that match the skills necessary to perform a particular job. Beyond these job-specific technical skills, certain skills are universally sought by employers. Even though most job-seekers possess these skills they must enhance their competencies through training, professional development and mentorship. Numerous studies have recognised the value of these critical employability skills, sometimes referred to as "soft skills."

The Challenge of Health, especially HIV/AIDS


Majority of youth organisations are focused on HIV/AIDS programming. This perhaps is an indication of the level of attachment that youth have for this pandemic, given that 22.5 million people in Sub-Saharan Africa are HIV positive, with an HIV-weighted life expectancy of 47 years (62 without HIV). A third of the number of youth with HIV in the world is in sub-Saharan Africa, though the youth population of sub-Saharan Africa is less than 10% of the total global youth population. HIV also means that youth are continually not healthy to work or maintain their jobs thereby increasing the burden of the older population. It also means poorer yields in the agricultural sector.

MODULE 6 220

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

000 MODULE 6

Youth Mainstreaming
The Economic, Social and Cultural Council of the UN (ECOSOC) define youth mainstreaming as: The process of assessing the implications (for youth) of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making (youth) concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes, in all political, economic and social spheres so that (youth) benefit equally and inequality is not perpetuated ECOSOC Agreed Conclusions 1997/2. Youth mainstreaming cannot be achieved in isolation. It must take a conscious effort on the part of governments and other stakeholders to ingrain this culture in our policy making and programming. It will require active non-partisan youth engagement of policy makers and implementers; to demand as a right active youth participation in decision-making processes. The processes countries and communities use to attain this could be different but the constraints remain the same.

Conclusion

Ultimately, the challenge of finding the best policy for youth employment in Africa is not one that governments alone can manage. However, the state must lead the processes of engendering employment generation, facilitating private sector and civil society collaboration, and providing an enabling environment for the youth to act responsibly.

444 221

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

CASE STUDY

Youth Employment Policies and Programmes: The Case of Ghana


Over the past 40 years or more, youth unemployment programmes and policies have been framed around political philosophies of the ruling government and usually aimed at directing the energies of unemployed youth towards civic, political and economic activities. The National Youth Service Corps was established by the Busia government in 1969 to organise youth to contribute to national development by working on community improvement projects, particularly in the rural areas. The most significant project was the training of over 11,800 youth across 91 training centres under the initiative of the Ministry of Manpower, Youth and Employment. Another 2,833 youth were trained in 2001. In 2003, the STEP (Skills Training and Employment Placement) programme was introduced to strengthen youth vocational skills. The STEP programme took on the added challenge of providing start-up capital for the graduates of the skills training programmes especially those who wanted to start their own businesses. Across the West African region, the challenges that have resulted from the interventions have been similar. In Ghana, the gaps have been: 1. Interventions skewed towards trade and agriculture; 2. Minimal financial support for start-ups; 3. Discrimination in the labour market; and 4. Lack of government commitment to youth programmes. Increased youth unemployment has the following consequences: 1. Upsurge in social vices; 2. High dependency ratio that creates dire economic problems for both families and communities; 3. Inadequate satisfaction of basic needs resulting from poor incomes; 4. Early marriages especially for females that leads to an unclear future for their families and unborn children; and 5. Adverse impact on national and regional economic growth.

Levels of youth participation


Youth interact in the society in order to actualise their priorities through the following mechanisms:

1. Non-participation
Lack of information sharing with youth; Adults (high-power group) in full control and not trying to change the situation; Youth may be asked to be involved but only to support what the adults want.

222 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a MODULE 6 400

2. Passive involvement
Lack of information sharing with youth; Minimum effort made to inform and include young people; Young people only listened to superficially; Youth may be given a voice just to create a youth-friendly image.

3. Influence
Information sharing between young people and adults; Young people taken seriously; Adults take initiative and young people are consulted and involved; Youth have a sense of influence which encourages ownership.

4. Partnership
Youth have increasing control over decision-making; Adults make an effort to gain genuine youth participation; Adults and young people form partnerships for negotiation and the delegation of tasks; Shared decisions between adults and youths.

5. Self-mobilisation
Transfer of control, decisions and resources to youths; Young people are in full control and may choose to seek adult assistance if necessary.

Challenges to youth priorities


Gangsterism has been identified as a major challenge to youth priorities. The following diagram illustrates the causes and effects of gangsterism on youth priorities: Juvenile delinquency; Teenage pregnancy; Conflict with parents; Pre-marital sex; Prostitution;

EFFECTS Vandalism; Gambling; Dropping out of school; Drug addiction. Peer-pressure; Insecurity; Low self-esteem; Low educational attainment; Lack of job opportunities; Low family income.

GANSTERISM

CAUSES

223 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f MODULE 6 rica 400

Youth Unemployment
Youth unemployment is a key priority issue of concern to young people. It has negative security, social, economic and political implications. Kofi Annan, former UN chief, succinctly describes this phenomenon: Tens of millions of youth across the continent lack prospects of decent work. This is not only a tragic waste of precious human resources. It can also have security implications for almost every country in Africa, since desperation often leads young people to fall prey to warlords, criminal gangs or illegal migration syndicates. Indeed, the African Youth Unemployment situation has become an International concern. The prevalence of unemployment provides the impetus for youth involvement in unproductive activities. Lack of financial support for youth initiatives retards personal growth and reduces their capacity to contribute to peace and security. It is estimated that between 2008 and 2015, there will be a total of one billion youth across Africa, yet there is no prospect of one billion jobs waiting for them (Chatham House Research Papers, 2008). The issue of youth unemployment is not an isolated one; the precipitating factors include, but are not limited to: 1 Poor education systems where emphasis is placed on theory, with limited attention to practice. Further, emphasis is placed on regurgitating answers rather than constructive dialogue between students and teachers. Indeed, even in some higher level tertiary programmes, there is no opportunity for dialogue. Lectures are dominated by the lecturers. Thus students graduate without practicable skills. 2. Most of Africas markets have become dumping grounds for Asian and European products. These products undercut local prices. This situation has led to the death of local manufacturing firms and subsequently job losses. In addition, this means that it has become increasingly difficult for new firms to enter the market. 3. As a result, Africa is largely a consuming and supply economy. This situation has further worsened the general unemployment problems, especially for the youth. Various experts and youths have advocated solutions to mitigate youth unemployment. These solutions include: 1 Developing and deepening youth internships and mainstreaming them into national programmes to proffer practical training to young people ; and 2. Creating innovative partnerships between governments, intergovernmental organisations, NGOs and the private sector to increase the availability of social support systems.

224 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

SESSION FIVE
BEST PRACTICES FOR YOUTH DEVELOPMENT AND CONFLICT PREVENTION
To highlight regional best practices for youth development and conflict prevention. Training Resources: Flipchart, markers. Duration: 15 minutes. Methodology: Individual Exercise and Case Study Facilitators Note: 1. Ask participants to identify ways through which governments can enhance youth development; 2. Ask participants to explain policies in their countries that bring youth closer to policy makers; 3. Proceed with the discussion on the Case studies of the youth policies of Nigeria and Ghana; 4. Encourage participants from other countries to share information on similar programmes

Objective

CASE STUDY
The Case of Nigeria: National Youth Service Corps

The National Youth Service Corps (NYSC) was established by law on May 22, 1973 to mobilise Nigerian youths for nation-building and to prepare them for patriotic and loyal service to their fatherland. This law, which establishes the "Scheme," provides for a Directorate comprising (among others) the Chairman and the National Director/Chief Executive. The Directorate is the governing and policy-making body of the NYSC. As provided in the enabling law, the duration of national service for all participants is 12 months. Participation in the Scheme is mandatory for Nigerian youths who have graduated from any university in or outside Nigeria, or those who have obtained the Nigerian Higher National Diploma. The objectives of the NYSC, as spelled out in the law establishing the Scheme, are: 1. The inculcation of discipline in the youths; raising of the moral tone of the youths; the development of attitudes of mind acquired through training; 2. The development of common ties among the youths and promotion of national unity by assigning them to work outside their states of origin; 3. Ensuring that each work group reflects the federal character; exposing the youths to modes of living of the people in different parts of the country; 4. Eliminating ignorance; 5. Encouragement of free movement of labour; the inducement of employers to engage qualified Nigerians readily; the acquisition of the spirit of self-reliance by the youths. Participants in the Scheme are aged 18 to 30 years. Some 400,000 have served in the Scheme since its inception; about 42,000 were mobilised for the 1991-1992 service year.

444 225

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

The NYSC consists basically of four programs: The orientation and induction course; The primary assignment; The community development service; and Winding-up exercise and passing-out parade.

The orientation is the systematic introduction of all prospective Corps members to the Scheme, to its challenges, and to national imperatives. After the one-month orientation, the Corps members are posted to various establishments in both private and public sectors to render service for 11 calendar months. During this period, Corps members are also encouraged to undertake projects that their host communities perceive as needed. They pursue these projects yearround as their community development service. At the end of the 12 months, as part of the winding-up exercise, the Corps members are brought together again in a camp to discuss their experiences. After this, each Corps participant receives a Certificate of National Service, and exemplary Corps members are honoured. A large proportion of Corps members are deployed to educational institutions for their national service, others too are deployed to military establishments. Deployment is based mainly on areas of specialisation, national needs, and other considerations. A special feature of the Scheme is that a large percentage of the Corps members receive rural assignments. This practice is aimed at maintaining a massive grass-roots presence for eventual transformation of the rural areas of the country. Of equal importance are the collaborations that the NYSC holds with various agencies that implement projects that have wide local and international significance.

SPECIAL PROJECTS AND COLLABORATIONS WITH OTHER AGENCIES

The National Youth Service Corps is in collaboration with some international, national, regional and local Agencies in many areas of human and societal developmental needs towards meeting the national and global challenges. The list of the special projects and programmes is inexhaustible; the collaborative efforts have generated a series of activities, training and programmes with various agencies as under-listed: International Institute for Sustainable Development (IISD) based in Colorado State University, USA is involved in training of NYSC staff in the area of Participatory process for Sustainable Development. JOHN HOPKINS UNIVERSITY JHU/CCP Nigeria supported by USAID is based in Nigeria and engages in training of NYSC staff and to address issues on Good Governance and Reproductive Health using corps members. Ea-Net Africa is a non-profit, non-governmental organisation on restoration of ecological balance using corps members as Ecological Vanguards. The NYSC partners with Energy Commission of Nigeria (ECN) in the area of Renewable Rural Energy Project, which assists in training of a selected group of corps members in the construction of renewable energy device such as bio-gas digesters, photo voltaic energy device, less wood stove etc.

226 MODULE 6

MODULE 6
Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

000

UNICEF: United Nations International Children Education Fund (UNICEF) collaborates with the NYSC in the areas of Reproductive Health and HIV/AIDS prevention, care and support project using corps members as Peer Educators in secondary schools. Also, Global HIV/AIDS Initiative Nigeria supported by the USAID is supporting this initiative by providing counselling, testing and Anti-Retroviral Drugs. WHO: Corps members serve as independent monitors during poliomyelitis immunisation in the country. UNESCO: United Nations Education Scientific and Cultural Organisation (UNESCO) collaborates towards improving the reading culture of Nigerians particularly in the rural areas through the establishment of rural libraries using corps members. BRITISH COUNCIL/WORLD BANK: British Council/World Bank Institute (BC/WBI) is in collaboration with the NYSC in the area of creating awareness on the Millennium Development Goals (MDGS) and the National Economic Empowerment and Development Strategy (NEEDS) for application in the community development service (CDS) projects of corps members. WOTCLEF: Women Trafficking and Child Labour Eradication Foundation (WOTCLEF) is in partnership with NYSC in the area of campaign against women trafficking, child labour and HIV/AIDS. It is a project supported by DFID of the British High Commission and recently by PATH of the USAID. WOTCLEF works in tandem with National Agency for protection against Trafficking in Persons (NAPTIP), an agency established through the influence and success of the WOTCLEF project to enforce the law on trafficking in persons in Nigeria. United States Embassy is using corps members in creating awareness on environmental regeneration and in checking pollution, habitat conservation, waste management and litter collection in partnership with some selected state government and the Ecological Fund. NDLEA: Corps members form Drug-free clubs and organise public enlightenment campaigns through lectures, debates, seminars, rallies, etc in schools, motor parks, markets and public squares in their host communities. ICPC/EFCC: Corps members are organised into various groups to campaign against corruption, fraud and other forms of economic and financial crimes. LEGAL AID, in collaboration with the legal Aid Council and other human rights groups, corps members form CDS groups to provide legal aid services for widows, children and other less privileged groups who fall victims to denial and violation. Within the context of the Scheme, National Service is considered a special programme to provide, first and foremost support for the usually neglected and therefore the neediest areas. Beyond these technical objectives, the Scheme aims at instilling in the youth the sense and spirit of nation-building and integration through positive programmes.

444 227

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

CASE STUDY
Ghanas National Service Scheme INTRODUCTION

The Ghana National Service Scheme is a public organisation currently under the Ministry of Education and Sports. The Scheme was first established under Article 179 of the 1969 Republican Constitution of Ghana. It was again set up under a Military Decree, NRCD 208 of 1973. Currently, the Scheme is operating under the National Service Act 426 (1980), which was brought into force in 1982 by the Provisional National Defence Council (PNDC). By the Act, the minimum duration of the Scheme was increased from one to two years and made mandatory for all able-bodied Ghanaians between the ages of 18 and 40 years. Recent changes in the national development programme have again restricted the duration of the service to one year for graduands of tertiary institutions. VISION STATEMENT The vision of the National Service Scheme is to mobilise available resources to enable targeted young people to become more educated and better prepared for national issues requiring urgent attention, through national service activities in deprived areas, within reasonable congenial conditions. MISSION STATEMENT National Service is committed to deploying young graduates and diplomates of tertiary institutions on national service countrywide to supplement manpower shortfalls and to provide re-orientation and entrepreneurial skills for post-national service employment, through Community Development Programmes. This deployment would be done within a better-equipped administrative and institutional framework, towards a more efficient National Service Programme, managed by a well-motivated staff, towards increased productivity. OBJECTIVES The Scheme, at its commencement, had the following objectives:

To provide trained manpower to supplement and improve existing levels of manpower, particularly in the public sector; To provide personnel for rural development and community action; To provide individual youth with: Re-orientation; Introduction to a vigorous work culture; Additional life skills; and An awareness of national and social problems requiring attention.

The Military Training/Orientation for selected National Service Personnel is towards high levels of physical fitness, mental alertness, patriotism, discipline, confidence, development and empathy for our rural community improvement programmes. Presently, the National Service Scheme has progressed beyond merely deploying graduates to public institutions and establishments. It considers itself a public development organisation. Whilst still focusing in the deployment of human resources (National Service Personnel) to institutions of the national economy, the Scheme is also engaged in collaboration with others to support policies and strategies in all spheres of national development Critical to this is how national service personnel could be integrated into the development efforts of our rural people; how technology and science can be made accessible to, and manageable by, the poor ordinary people of our country; how theories, principles and concepts can be translated into practical actions, etc.

228 MODULE 6

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c MODULE 6 a 000

SESSION SIX
INFLUENCING YOUTH POLICY
To examine facts about youth development that should influence policy makers. Training Resources: Flipchart, markers. Duration: 15 minutes. Methodology: Individual Exercise and Mini lecture. Facilitators Note: 1. Ask participants to state ways which youth can influence policy; 2. Write responses on flip chart; 3. Use these responses to introduce mini lecture.

Objective

MINI LECTURE: INFLUENCING YOUTH POLICY


The principles underlying youth development outlines the youth approach to influencing policy. They can be used as a checklist and a tool for developing youth policies and programmes and in working alongside young people. The principles are: 1. YOUTH DEVELOPMENT IS SHAPED BY THE BIG PICTURE By the big picture we mean: the values and belief systems; the social, cultural, economic contexts and trends; the Treaty of Waitangi and international obligations such as the United Nations Convention on the Rights of the Child. 2. YOUTH DEVELOPMENT IS ABOUT YOUNG PEOPLE BEING CONNECTED Healthy development depends on young people having positive connections with others in society. This includes their family, their community, their school, training institution or workplace and their peers. 3. YOUTH DEVELOPMENT IS BASED ON CONSISTENT STRENGTHS-BASED APPROACH There are risk factors that can affect the healthy development of young people and there are also factors that are protective. Strengths-based policies and programmes will build on young peoples capacity to resist risk factors and enhance the protective factors in their lives. 4. YOUTH DEVELOPMENT HAPPENS THROUGH QUALITY RELATIONSHIPS It is important that everyone is supported and equipped to have successful, quality relationships with young people.

444 229

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

5. YOUTH DEVELOPMENT IS TRIGGERED WHEN YOUNG PEOPLE FULLY PARTICIPATE Young people need to be given opportunities to have greater control over what happens to them, through seeking their advice, participation and engagement. 6. YOUTH DEVELOPMENT NEEDS GOOD INFORMATION Effective research, evaluation, and information gathering and sharing are crucial. Together, these six principles can help young people to gain a:

sense of contributing something of value to society; feeling of connectedness to others and to society; belief that they have choices about their future; feeling of being positive and comfortable with their own identity

230 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i cMODULE 6 a 000

HANDOUTS

231 444
Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

HANDOUT 1 HANDOUT 1

PARTICIPATION AND INCLUSION PARTICIPATION AND INCLUSION Bringing Youth to the Table the Table Bringing Youth to

Often, youngOften, young people are at of issues that concern that concern on thebased on the stereotype that they) are people are at the margins the margins of issues them based them stereotype that they) are not worth bringing to the table, to the table, or makecannot make anycontribution to social discourse and not worth bringing or they cannot they any meaningful meaningful contribution to social discourse and construction. construction. This isolation creates social contexts where negativemay flourish and result in fewer This isolation creates social contexts where negative stereotypes stereotypes may flourish and result in fewer opportunities opportunities for youth and adults to work intowards community problem-solving. Furthermore,Furthermore, for youth and adults to work in partnership partnership towards community problem-solving. these contexts and contexts and are sustained by sustained by assume that assume young people are unable or unwilling these stereotypes stereotypes are policies that policies young people are unable or unwilling to contribute to contribute to the common good (Zeldin Invariably, this may leadthis conflict situations. situations. to the common good (Zeldin et al, 2000). et al, 2000). Invariably, to may lead to conflict

Keywords: inclusion, inclusion, participation, values, youth. Keywords: participation, values, youth.

Inclusion: The act of including or the state of being included. Inclusion: The act of including or the state of being included. (Youth) (Youth) Participation: Youth participation is a process through which youth influence andinfluence and shareinitiatives Participation: Youth participation is a process through which youth share control over control over initiatives and the decisionsthe decisions and resources thatIt is a process whereby young people increase control over control over and and resources that affect them. affect them. It is a process whereby young people increase their own environment environment and the issues that affect their daily lives. their own and the issues that affect their daily lives. Values: Things that really matter really matter to each of us; the ideas and beliefs we hold as special Values: Things that to each of us; the ideas and beliefs we hold as special Youth: For demographicdemographic purposesunique case uniqueAfrican, youth is any youth isin theperson in the 15-30 Youth: For purposes and for the and for the of the case of the African, person any 15-30 age groups. age groups.

HANDOUT 2 HANDOUT 2

THE PARTICIPATION LADDER ROLE PLAY THE PARTICIPATION LADDER ROLE PLAY

8) Youth-initiated, shared decisions with adults 7) Youth-initiated and directed 6) Adult-initiated, shared decisions with youth 5) Consulted and informed 4) Assigned but informed Non partisipation 3) Tokenism 2) Decoration 1) Manipulation

Degrees of partisipation

232 MODULE MODULE 6 6

Yo u t h a n d D e v e lSp m e nitoi n We s t 230i c a o ess n 6 Afr

MODULE 6 000

Manipulation Adults consciously use youth voices to send their own message. For example, adults use a young persons drawing in a publication with no input by the youth. Out of context, it can be used to present a totally different perspective than intended. Or, more like deception, adults can use youth activities in a project to claim that the whole project was planned and done by youth. Decoration Young people participate in events or campaigns by wearing t-shirts advocating for a cause or doing a musical performance without understanding what the advocacy or campaign is all about. Tokenism In this case adults have the intentions of giving young people a voice but they have not thought through how to do this effectively. Common examples are to invite one, or maybe two young people on board of directors; usually they are quite ineffective being outnumbered and overwhelmed by adult communication and culture. The following levels are all levels of youth participation. Keep in mind that the ladder was designed with the intention to help adult facilitators establish conditions for youth participation. It is not a sequential continuum stating that young people have to go through one stage to get to the next one. Assigned but informed In social mobilisation efforts young people can be assigned a role or responsibility and thus be actively involved as long as they understand the issue at hand and volunteer to do something. Consulted and informed Young people provide input and perspective that impacts the outcomes of the project; adults still design and do the overall management, i.e. city wide surveys or community mapping projects. Adult-initiated, shared decisions youth Young people are involved from the beginning of the project and have some influence on the design and implementation. Child-initiated and directed On the community level there are youth-initiated and directed projects; often short term and centered on relief actions. If they want to sustain and broaden their organizations, they often seek adult allies.

HANDOUT 3
GETTING ON BOARD: Youth Responsibility Youth getting on board is a difficult and intricate business; first, there are cultural, social, political and economic limitations placed on how, when and what young people can do or should be allowed to do. It is important that young people learn the acts of exclusion so they can avoid them. ACTS OF EXCLUSION Youth exclusion entails the following dynamics: 1. Social: Social expectations in the society make it imperative that young people are necessarily subordinate in almost any youth-adult relationship. Adults and youth cannot be on the same level; 2. Cultural: In Africa, where adults are gathered, young people are not allowed; where they are allowed,

233 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE MODULE 6

HAND OUT 3
GETTING ON BOARD: Youth Responsibility Youth getting on board is a difficult and intricate business; first, there are cultural, social, political and economic limitations placed on how, when and what young people can do or should be allowed to do. It is important that young people learn the acts of exclusion so they can avoid them. ACTS OF EXCLUSION Youth exclusion entails the following dynamics: 1. Social: Social expectations in the society make it imperative that young people are necessarily subordinate in almost any youth-adult relationship. Adults and youth cannot be on the same level; 2. Cultural: In Africa, where adults are gathered, young people are not allowed; where they are allowed, they cannot make contributions. In our proverbs and wise-sayings, this is emphasised; for instance: What an elder can see sitting, a young person cannot see sitting on the highest tree....Grey hair is a sign of wisdom, etc. Political/Demographic: Youth are only allowed to elect national leaders and be the foot soldiers of political parties, but not good enough to lead. Demographically, youth is a set age bracket, when you get there, you will pass it. So it is only for the moment. Various African national constitutions have sought to relegate youth issues to the background and only paid them lip service. Economic: Youth have very limited purchasing power and thus do not have any hold on the factors of production or influence investments. This means that economic decision-making is taken out of the hands. If young people can understand these issues, they will understand how the system has been set to continually put them at disadvantage.

3.

4.

5.

Young people can counter the above by: Surrounding themselves with positive influences 1. Research has shown that engaging with good spirits produces good outcomes. So engage with good people. Mix with people with good influence, volunteer in their offices, on their programmes, etc. 2. Build abundant strength early into your life The more strength you build into your life, the more success you are likely to achieve. The best way to build that strength is to continually read. Get to teach others [it is said, iron sharpenth iron]. While in the periphery of the decision making process, read what the decisions are, write critiques and you will get noticed. 3. Positive peer influence the power of friends Peers whether friends, schoolmates or neighbours can also have a positive impact. Other young people can enhance emotional well-being, crime and drug-free lifestyles, academic success, recreational and sporting involvement, depending on how much young people express their talents and safety at school. They do this largely by expressing positive behaviours and values which other young people then take up, even if they did not show these behaviours and values to start with. 4. Invest Build wealth by placing emphasis on education and personal development. Youth must also delay spending on self-gratifying issues. An economically-sound youth will have a strong voice.

234

MODULE 6

HAND OUT 4
Skills Most Sought After by Employers So, what are these critical employability skills that employers demand of job-seekers?
Communications Skills (listening, verbal, written). By far, the one skill mentioned most often by employers is the ability to listen, write, and speak effectively. Successful communication is critical in business. Analytical/Research Skills. Deals with your ability to assess a situation, seek multiple perspectives, gather more information if necessary, and identify key issues that need to be addressed. Computer/Technical Literacy. Almost all jobs now require some basic understanding of computer hardware and software, especially word processing, spreadsheets, and email. Flexibility/Adaptability/Managing Multiple Priorities. Deals with your ability to manage multiple tasks and roles. Interpersonal Abilities. The ability to relate to your co-workers, inspire others to participate, and mitigate conflict with co-workers is essential given the amount of time spent at work each day. Leadership/Management Skills. While there is some debate about whether leadership is something people are born with, these skills deal with your ability to take charge and manage your co-workers. Multicultural Sensitivity/Awareness. There is possibly no bigger issue in the workplace than diversity, and job-seekers must demonstrate a sensitivity and awareness to other people and cultures. Planning/Organising. Deals with your ability to design, plan, organise, and implement projects and tasks within an allotted timeframe. Also involves goal-setting. Problem-Solving/Reasoning/Creativity. Involves the ability to find solutions to problems using your creativity, reasoning, and past experiences along with the available information and resources. Teamwork. Because so many jobs involve working in one or more work-groups, you must have the ability to work with others in a professional manner while trying to achieve a common goal. Personal Values Employers Seek in Employees Of equal importance to skills are the values, personality traits, and personal characteristics that employers seek. Employers will try to look for traits of these characteristics in your resume, cover letters, and answers to interview questions.

Here is our list of the 10 most important categories of values:


1. 2. 3. 4.

Honesty/Integrity/Morality. Employers probably respect personal integrity more than any other value, especially in light of the many recent corporate scandals. Adaptability/Flexibility. Deals with openness to new ideas and concepts, to working independently or as part of a team, and to carrying out multiple tasks or projects. Dedication/Hard-Working/Work Ethic/Tenacity. Employers seek job-seekers who love what they do and will keep at it until they solve the problem and get the job done. Dependability/Reliability/Responsibility. There is no question that all employers desire employees who will arrive to work every day - on time - and ready to work, and who will take responsibility for their actions. Loyalty. Employers want employees who will have a strong devotion to the company -- even at times when the company is not necessarily loyal to its employees. Positive Attitude/Motivation/Energy/Passion. The job-seekers who get hired and the employees who get promoted are the ones with drive and passion -- and who demonstrate this enthusiasm through their words and actions. MODULE 6

5. 6.

235

7. 8.

Professionalism. Deals with acting in a responsible and fair manner in all your personal and work activities, which is seen as a sign of maturity and self-confidence; avoid being petty. Self-Confidence. Look at it this way: if you do not believe in yourself, in your unique mix of skills, education, and abilities, why should a prospective employer? Be confident in yourself and what you can offer employers. Self-Motivated/Ability to Work With Little or No Supervision. While teamwork is always mentioned as an important skill, so is the ability to work independently, with minimal supervision.

9.

10. Willingness to Learn. No matter what your age, no matter how much experience you have, you should always be willing to learn a new skill or technique. Jobs are constantly changing and evolving, and you must show an openness to grow and learn with that change.

Final Thoughts

Employability skills and personal values are the critical tools and traits you need to succeed in the workplace -and they are all elements that you can learn, cultivate, develop, and maintain over your lifetime. Once you have identified the sought-after skills and values and assessed the degree to which you possess them, remember to document them and market them (in your resum, cover letter, and interview answers) for job-search success.

236

MODULE 6

AFRICAN YOUTH CHARTER


ACKNOWLEDGEMENTS The African Union Commission wishes to express its deep appreciation to all its partners for their unconditional support, which gave birth to The African Youth Charter, especially the Human Sciences Research Council (HSRC) for their professional and technical commitment and the United Nations Population Fund (UNFPA) for its financial and technical support. The Commission equally acknowledges with pride and satisfaction the inputs of the African Youth, the Youth Experts and African Ministers of Youth who scrutinised the draft Youth Charter before its adoption by the Seventh Ordinary Session of the Conference of Heads of State and Government held on July 2, 2006 in Banjul, The Gambia. FOREWORD The African Union Constitutive Act and the African Union Commission Strategic Plan 2004-2007 underscore the importance of youth participation and involvement in the development of the continent. They give due priority to youth development and empowerment. Indeed, Africa's renaissance cannot be realised if adequate investment is not made in the youth who constitute about 40 percent of the African population. To give substance to this commitment to the development of African youth, the AU has since developed a policy framework in the form of the African Youth Charter, which prescribes responsibilities to Member States for the development of youth. The Summit of Heads of State and Government adopted this Charter at their Summit in Banjul in July 2006. The African Youth Charter not only provides the Governments, youth, civil society and international partners with a continental framework which underlines the rights, duties and freedoms of youth, but also paves the way for the development of national programmes and strategic plans for their empowerment. The second key objective of the Youth Charter is to ensure the constructive involvement of Youth in the development agenda of Africa and their effective participation in the debates and decision-making processes with regard to the development of the continent. The Charter sets a framework to enable policy makers to mainstream Youth issues in ail development policies and programmes. It thus provides a legal basis for ensuring Youth presence and participation in government structures and forums at national, regional and continental levels. Thirdly, the Charter provides important guidelines and responsibilities of Member States for the empowerment of Youth in key strategic areas, namely Education and Skills Development, Poverty Eradication and Socioeconomic Integration of Youth, Sustainable Livelihoods and Youth Employment, Health, Peace and Security, Law Enforcement, Sustainable Development and Protection of the Environment. It is expected that the execution of these guidelines would not only provide the youth with necessary tools for livelihood but also stem the flow of Africa's most important resource to other parts of the world.

237

MODULE 6

MODULE 6
Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

000

Fourthly, the Charter outlines the responsibilities of Youth to their own development and to their countries and continent. In other words, the rights embodied in the Charter are accompanied by responsibilities as well. The Youth cannot expect governments to empower them while they do the opposite by abusing themselves in various ways such as substance abuse. To be able to get maximum benefits from the implementation of the Charter, it is expected that youth would also develop and promote the required self-discipline." I have the privilege to encourage Heads of State and Government in all Member States to ratify the Charter as soon as possible and support the process of popularising the Charter at national levels. I also invite our development partners to assist African youth in their role as custodians of their own development and to partake fully in citizenship duties towards the socio-economic development of their countries. Finally, the African Union Commission reiterates its commitment to fulfil its duty towards African youth development and empowerment for the development of the continent.
Prof. Nagia M. ESSAYED Commissioner,

Human Resources, Science and Technology

PREAMBLE
GUIDED by the Constitutive Act of the African Union, the States Parties to the present African Youth Charter; GUIDED by the vision, hopes and aspirations of the African Union, inclusive of Africas integration, the inherent dignity and inalienable rights afforded to all members of the human family as set out in the United Nations Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976), and articulated for the African peoples through the African Charter on Human and Peoples Rights (1986); RECALLING the resolution of the Heads of State and Government during the 1999 Algiers Summit for the development of the Pan-African Charter; FULLY ATTACHED to the virtues and values of African historical tradition and civilisation which form the foundation for our concept of peoples rights; RECALLING the historic injustices imposed on Africa such as slavery, colonisation, depletion of natural resources and taking into account the firm will of African peoples for self-determination and the economic integration of Africa; CONVINCED that Africas greatest resource is its youthful population and that through their active and full participation, Africans can surmount the difficulties that lie ahead; BEARING IN MIND the international Convention on the Elimination of All Forms of Discrimination Against Women (1979) and the Protocol to the African Charter on Human and Peoples Rights relating to the Rights of Women in Africa (2003) and the progress achieved in eliminating gender discrimination, but ever cognisant of the obstacles that still prevent girls and women from fully participating in African society; REAFFIRMING the need to take appropriate measures to promote and protect the rights and welfare of children as outlined in the Convention of the Rights of the Child (1989) and through the African Charter on the Rights and Welfare of the Child (1999);

238 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

ACKNOWLEDGING the commitments already made towards the United Nations Millennium Development Goals (MDGs) and inviting the partners to reaffirm their support to advance the wellbeing of youth; RECOGNISING the efforts made by States Parties and civil societies to address the economic, social, educational, cultural and spiritual needs of youth; NOTING with concern the situation of African youth, many of whom are marginalised from mainstream society through inequalities in income, wealth and power, unemployment and underemployment, infected and affected by the HIV/AIDS pandemic, living in situations of poverty and hunger, experiencing illiteracy and poor quality educational systems, restricted access to health services and to information, exposure to violence including gender violence, engaging in armed conflicts and experiencing various forms of discrimination; RECALLING the United Nations World Programme of Action for Youth to the Year 2000 and beyond and the ten priority areas identified for youth (education, employment, hunger and poverty, health, environment, drug abuse, juvenile delinquency, leisure-time activities, girls and young women and youth participating in decisionmaking), and five additional areas including HIV/AIDS, ICT and Inter-generational dialogue, adopted at the 2005 UN General assembly; RECOGNISING that youth are partners, assets and a prerequisite for sustainable development and for the peace and prosperity of Africa with a unique contribution to make to the present and to future development; CONSIDERING the role that youth have played in the process of decolonisation, the struggle against apartheid and more recently in its efforts to encourage the development and to promote the democratic processes on the African Continent; REAFFIRMING that the continuous cultural development of Africa rests with its youth and therefore requires their active and enlightened participation as espoused in the Cultural Charter for Africa; GUIDED by the New Partnership for Africas Development Strategic Framework for Youth Programme of 2004 that is working towards youth empowerment and development; ACKNOWLEDGING the increasing calls and the enthusiasm of youth to actively participate at local, national, regional and international levels to determine their own development and the advancement of society at large; ACKNOWLEDGING ALSO the call in Bamako (2005) by the youth organisations across Africa to empower youth by building their capacity, leadership, responsibilities and provide access to information such that they can take up their rightful place as active agents in decision-making and governance; TAKING INTO CONSIDERATION the inter-relatedness of the challenges facing youth and the need for crosssectoral policies and programmes that attend to the needs of youth in a holistic manner; CONSIDERING that the promotion and protection of the rights of youth also implies the performance of duties by youth as by all other actors in society; TAKING INTO CONSIDERATION the needs and aspirations of young displaced persons, refugees and youth with special needs;

239 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i cMODULE 6 a 000

HAVE AGREED AS FOLLOWS:


DEFINITIONS Chairperson shall mean the Chairperson of the African Union Commission; Charter shall mean the African Youth Charter; Commission shall mean the Commission of African Union; Diaspora shall mean peoples of African descent and heritage living outside the continent, irrespective of their citizenship and who remain committed to contribute to the development of the continent and the building of the African Union (DOC.EX.CL/164 (VII)); Member States shall mean Member States of the African Union; Minors shall mean young people aged 15 to 17 years subject to each countrys laws; States Parties shall mean Member States, which have ratified or acceded to the present Charter; Union shall mean the African Union; Youth For the purposes of this Charter, youth or young people shall refer to every person between the ages of 15 and 35 years.

PART 1: RIGHTS AND DUTIES


Article 1: Obligation of State Parties
1. States Parties of the African Union to the present Charter shall recognise the rights, freedoms and duties enshrined in this Charter. 2. State Parties shall undertake the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures that may be necessary to give effect to the provisions of the Charter.

Article 2: Non-discrimination

1. Every young person shall be entitled to the enjoyments of the rights and freedoms recognised and guaranteed in this Charter irrespective of their race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status. 2. States Parties shall take appropriate measures to ensure that youth are protected against all forms of discrimination on the basis of status, activities, expressed opinions or beliefs. 3. State Parties shall recognise the rights of Young people from ethnic, religious and linguistic marginalised groups or youth of indigenous origin, to enjoy their own culture, freely practice their own religion or to use their own language in community with other members of their group.

Article 3: Freedom of Movement

Every young person has the right to leave any country, including his/her own, and to return to his/her country.

240 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

Article 4: Freedom of Expression

1. Every young person shall be assured the right to express his or her ideas and opinions freely in all matters and to disseminate his or her ideas and opinions subject to the restrictions as are prescribed by laws. 2. Every young person shall have the freedom to seek, receive and disseminate information and ideas of all kinds, either orally, in writing, in print, in the form of art or through any media of the young persons choice subject to the restrictions as are prescribed by laws.

Article 5: Freedom of Association

1. Every young person shall have the right to free association and freedom of peaceful assembly in conformity with the law. 2. Young people shall not be compelled to belong to an association.

Article 6: Freedom of Thought, Conscience and Religion Article 7: Protection of Private Life

Every young person shall have the right to freedom of thought, conscience and religion.

No young person shall be subject to the arbitrary or unlawful interference with his/her privacy, residence or correspondence, or to attacks upon his/her honour or reputation.

Article 8: Protection of the Family

1. The family, as the most basic social institution, shall enjoy the full protection and support of States Parties for its establishment and development noting that the structure and form of families varies in different social and cultural contexts. 2. Young men and women of full age who enter into marriage shall do so based on their free consent and shall enjoy equal rights and responsibilities.

Article 9: Property

1. Every young person shall have the right to own and to inherit property. 2. States Parties shall ensure that young men and young women enjoy equal rights to own property. 3. States Parties shall ensure that youth are not arbitrarily deprived of their property including inherited property.

Article 10: Development

1. Every young person shall have the right to social, economic, political and cultural development with due regard to their freedom and identity and in equal enjoyment of the common heritage of mankind. 2. States Parties shall encourage youth organisations to lead youth programmes and to ensure the exercise of the right to development. 3. States Parties shall: a) Encourage the media to disseminate information that will be of economic, political, social and cultural benefit to youth; b) Promote the development of youth media for the dissemination of information to young people; c) Encourage international co-operation in the production, exchange and dissemination of information from both national and international sources that are of economic, social and cultural value to youth;

241 D U L E 6 MO

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i cMODULE 6 a 000

d) Provide access to information and education and training for young people to learn their rights and responsibilities, to be schooled in democratic processes, citizenship, decision-making, governance and leadership such that they develop the technical skills and confidence to participate in these processes.

Article 11: Youth Participation

1. Every young person shall have the right to participate in all spheres of society. 2. States Parties shall take the following measures to promote active youth participation in society: a) They shall: Guarantee the participation of youth in parliament and other decision- making bodies in accordance with the prescribed laws; b) Facilitate the creation or strengthening of platforms for youth participation in decision-making at local, national, regional, and continental levels of governance; c) Ensure equal access to young men and young women to participate in decision-making and in fulfilling civic duties; d) Give priority to policies and programmes including youth advocacy and peer-to-peer programmes for marginalised youth, such as out-of-school and out-of-work youth, to offer them the opportunity and motivation to re-integrate into mainstream society; e) Provide access to information such that young people become aware of their rights and of opportunities to participate in decision-making and civic life; f) Institute measures to professionalise youth work and introduce relevant training programmes in higher education and other such training institutions;

g) Provide technical and financial support to build the institutional capacity of youth organisations; h) Institute policy and programmes of youth voluntarism at local, national, regional and international levels as an important form of youth participation and as a means of peer-to-peer training; i) Provide access to information and services that will empower youth to become aware of their rights and responsibilities; j) Include youth representatives as part of delegations to ordinary sessions and other relevant meetings to broaden channels of communication and enhance the discussion of youth related issues.

Article 12: National Youth Policy

a) Every State Parties shall develop a comprehensive and coherent national youth policy. The policy shall be cross-sectoral in nature considering the inter- relatedness of the challenges facing young people;

b) The development of a national youth policy shall be informed by extensive consultation with young people and cater for their active participation in decision-making at all levels of governance in issues concerning youth and society as a whole;

444 242

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

c) A youth perspective shall be integrated and mainstreamed into all planning and decision-making as well as programme development. The appointment of youth focal points in government structures shall enable this process; d) Mechanisms to address these youth challenges shall be framed within the national development framework of the country; e) The policy shall provide guidelines on the definition of youth adopted and specify subgroups that shall be targeted for development; f) The policy shall advocate equal opportunities for young men and for young women;

g) A baseline evaluation or situation analysis shall inform the policy on the priority issues for youth development; h) The policy shall be adopted by parliament and enacted into law; i) A national youth coordinating mechanism shall be set up and shall provide a platform as well as serve as a linking agent for youth organisations to participate in youth policy development as well as the implementation, monitoring and evaluation of related programmes; j) National programmes of action shall be developed that are time bound and that are connected to an implementation and evaluation strategy for which indicators shall be outlined; k) Such a programme of action shall be accompanied by adequate and sustained budgetary allocation.

Article 13: Education and Skills Development

1. Every young person shall have the right to education of good quality. 2. The value of multiple forms of education, including formal, non-formal, informal, distance learning and lifelong learning, to meet the diverse needs of young people shall be embraced. 3. The education of young people shall be directed to: a) The promotion and holistic development of the young persons cognitive and creative and emotional abilities to their full potential; b) Fostering respect for human rights and fundamental freedoms as set out in the provisions of the various African human and peoples rights and international human rights declarations and conventions; c) Preparing young people for responsible lives in free societies that promote peace, understanding, tolerance, dialogue, mutual respect and friendship among all nations and across all groupings of people; d) The preservation and strengthening of positive African morals, traditional values and cultures and the development of national and African identity and pride; e) The development of respect for the environment and natural resources;

243 MODULE 6

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c MODULE 6 a 000

f)

The development of life skills to function effectively in society and include issues such as HIV/AIDS, reproductive health, substance abuse prevention and cultural practices that are harmful to the health of young girls and women as part of the education curricula;

4. States Parties shall take all appropriate measures with a view to achieving full realisation of this right and shall, in particular: a) Provide free and compulsory basic education and take steps to minimise the indirect costs of education; b) Make all forms of secondary education more readily available and accessible by all possible means including progressively free; c) Take steps to encourage regular school attendance and reduce drop-out rates; d) Strengthen participation in and the quality of training in science and technology; e) Revitalise vocational education and training relevant to current and prospective employment opportunities and expand access by developing centres in rural and remote areas; f) Make higher education equally accessible to all including establishing distance learning centres of excellence;

g) Avail multiple access points for education and skills development including opportunities outside of mainstream educational institutions e.g., workplace skills development, distance learning, adult literacy and national youth service programmes; h) Ensure, where applicable, that girls and young women who become pregnant or married before completing their education shall have the opportunity to continue their education; i) Allocate resources to upgrade the quality of education delivered and ensure that it is relevant to the needs of contemporary society and engenders critical thinking rather than rote learning; j) Adopt pedagogy that incorporates the benefits of and trains young people in the use of modern information and communication technology such that youth are better prepared for the world of work; k) Encourage youth participation in community work as part of education to build a sense of civic duty; i) Introduce scholarship and bursary programmes to encourage entry into post-primary school education and into higher education outstanding youth from disadvantaged communities, especially young girls; m) Establish and encourage participation of all young men and young women in sport, cultural and recreational activities as part of holistic development; n) Promote culturally appropriate, age specific sexuality and responsible parenthood education; o) Promote the equivalence of degrees between African educational institutions to enable the youth to study and work in State Parties; p) Adopt preferential recruitment policies for African youth with specialised skills amongst States Parties. 244 444
Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

5. Youth are determined to transform the continent in the fields of science and technology. Therefore they are committed to: a) Promoting and using science and technology in Africa; b) Conducting research towards science and technology. 6. State Parties should encourage youth to conduct research. In this regard, an African discoveries day should be established along with mechanism of awarding prizes at the continental level. 7. Enterprises that are located in Africa should establish partnerships with training institutions to contribute to technology transfer for the benefit of African students and researchers.

Article 14: Poverty Eradication and Socio-economic Integration of Youth

1. States Parties shall: Recognise the right of young people to a standard of living adequate for their holistic development. 2. Recognise the right of young people to be free from hunger and shall take individual or collective measures to: a) Enhance the attractiveness of rural areas to young people by improving access to services and facilities such as educational and cultural services; b) Train young people to take up agricultural, mineral, commercial and industrial production using contemporary systems and promote the benefits of modern information and communication technology to gain access to existing and new markets; c) Provide grants of land to youth and youth organisations for socio-economic development purposes; d) Facilitate access to credit to promote youth participation in agricultural and other sustainable livelihood projects; e) Facilitate the participation of young people in the design, implementation, monitoring and evaluation of national development plans, policies and poverty reduction strategies. 3. Recognise the right of every young person to benefit from social security, including social insurance. In this regard, States Parties shall take the necessary measures to achieve the full realisation of these rights in accordance with their national law especially when the security of food tenure, clothing, housing and other basic needs are compromised.

Article 15: Sustainable Livelihoods and Youth Employment


1. Every young person shall have the right to gainful employment. 2. Every young person shall have the right to be protected from economic exploitation and from performing work that is likely to be hazardous to or interfere with the young persons education, or to be harmful to the young persons health or holistic development. 3. States Parties shall address and ensure the availability of accurate data on youth employment, unemployment and underemployment so as to facilitate the prioritisation of the issue in National development programmes complemented by clear programmes to address unemployment;

245 MODULE 6

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i cMODULE 6 a 000

4. States Parties shall take all appropriate measures with a view to achieving full realisation of this right to gainful employment and shall in particular: a) Ensure equal access to employment and equal pay for equal work or equal value of work and offer protection against discrimination regardless of ethnicity, race, gender, disability, religion, political, social, cultural or economic background; b) Develop macroeconomic policies that focus on job creation particularly for youth and for young women; c) Develop measures to regulate the informal economy to prevent unfair labour practices where the majority of youth work; d) Foster greater linkages between the labour market and the education and training system to ensure that curricula are aligned to the needs of the labour market and that youth are being trained in fields where employment opportunities are available or are growing; e) Implement appropriately-timed career guidance for youth as part of the schooling and post-schooling education system; f. Promote youth entrepreneurship by including entrepreneurship training in the school curricula, providing access to credit, business development skills training, mentorship opportunities and better information on market opportunities; g) Institute incentive schemes for employers to invest in the skills development of employed and unemployed youth; h) Institute national youth service programmes to engender community participation and skills development for entry into the labour market.

Article 16: Health

1. Every young person shall have the right to enjoy the best attainable state of physical, mental and spiritual health. 2. States Parties shall undertake to pursue the full implementation of this right and in particular shall take measures to: a) Make available equitable and ready access to medical assistance and health care especially in rural andpoor urban areas with an emphasis on the development of primary health care; b) Secure the full involvement of youth in identifying their reproductive and health needs and designing programmes that respond to these needs with special attention to vulnerable and disadvantaged youth; c) Provide access to youth friendly reproductive health services including contraceptives, antenatal and post natal services; d) Institute programmes to address health pandemics in Africa such as HIV/AIDS, tuberculosis and malaria; e) Institute comprehensive programmes to prevent the transmission of sexually transmitted infections and HIV/AIDS by providing education, information, communication and awareness creation as well as making protective measures and reproductive health services available;

246 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

f)

Expand the availability and encourage the uptake of voluntary counselling and confidential testing for HIV/AIDS;

g) Provide timely access to treatment for young people infected with HIV/AIDS including prevention of mother to child transmission, post rape prophylaxis, and anti-retroviral therapy and creation of health services specific for young people; h) Provide food security for people living with HIV/AIDS; i) Institute comprehensive programmes including legislative steps to prevent unsafe abortions; j) Take legislative steps such as banning advertising and increasing price in addition to instituting comprehensive preventative and curative programmes to control the consumption of tobacco, exposure to environmental tobacco smoke and alcohol abuse; k) Raise awareness amongst youth on the dangers of drug abuse through partnerships with youth, youth organisations and the community; l) l) Strengthen local, national, regional and international partnerships to eradicate the demand, supply and trafficking of drugs including using youth to traffic drugs; m) Provide rehabilitation for young people abusing drugs such that they can be re-integrated into social and economic life; n) Provide technical and financial support to build the institutional capacity of youth organisations to address public health concerns including issues concerning youth with disabilities and young people married at an early age.

Article 17: Peace and Security

1. In view of the important role of youth in promoting peace and non-violence and the lasting physical and psychological scars that result from involvement in violence, armed conflict and war, States Parties shall: a) Strengthen the capacity of young people and youth organisations in peace building, conflict prevention and conflict resolution through the promotion of intercultural learning, civic education, tolerance, human rights education and democracy, mutual respect for cultural, ethnic and religious diversity, the importance of dialogue and cooperation, responsibility, solidarity and international cooperation; b) Institute mechanisms to promote a culture of peace and tolerance amongst young people that discourages their participation in acts of violence, terrorism, xenophobia, racial discrimination, gender-based discrimination, foreign occupation and trafficking in arms and drugs; c) Institute education to promote a culture of peace and dialogue in all schools and training centres at all levels; d) Condemn armed conflict and prevent the participation, involvement, recruitment and sexual slavery of young people in armed conflict; e) Take all feasible measures to protect the civilian population, including youth, who are affected and displaced by armed conflict;

247 MODULE 6

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a MODULE 6 000

f)

Mobilise youth for the reconstruction of areas devastated by war, bringing help to refugees and war victims and promoting peace, reconciliation and rehabilitation activities;

g) Take appropriate measures to promote physical and psychological recovery and social reintegration of young victims of armed conflict and war by providing access to education and skills development such as vocational training to resume social and economic life. 2. States Parties shall ensure the protection of the youth against the ideology of genocide.

Article 18: Law Enforcement

1 Every young person accused or found guilty of having infringed the penal law shall have the right to be treated with humanity and with respect for the inherent dignity of the human person. 2 States Parties shall in particular:

a) Ensure that youth who are detained or imprisoned or in rehabilitation centres are not subjected to torture, inhumane or degrading treatment or punishment; b) Ensure that accused minors shall be segregated from convicted persons and shall be subject to separate treatment appropriate to their status; c) Build rehabilitation facilities for accused and imprisoned youth who are still minors and house them separately from adults; d) Provide induction programmes for imprisoned youth that are based on reformation, social rehabilitation and re-integration into family life; e) Make provisions for the continued education and skills development of imprisoned young people as part of the restorative justice process. f) Ensure that accused and convicted young people are entitled to a lawyer.

Article 19: Sustainable Development and Protection of the Environment

1. States Parties shall ensure the use of sustainable methods to improve the lives of young people such that measures instituted do not jeopardise opportunities for future generations. 2. States Parties shall recognise the vested interest of young people in protecting the natural environment as the inheritors of the environment. In this regard, they shall: a) Encourage the media, youth organisations, in partnership with national and international organisations, to produce, exchange and disseminate information on environmental preservation and best practices to protect the environment; b) Train youth in the use of technologies that protect and conserve the environment; c) Support youth organisations in instituting programmes that encourage environmental preservation such as waste reduction, recycling and tree planting programmes; d) Facilitate youth participation in the design, implementation and evaluation of environmental policies including the conservation of African natural resources at local, national, regional and international levels;

248

MODULE 6

e) Develop realistic and flexible strategies for the regeneration of forests; f) Initiate intensive actions to prevent the expansion of deserts.

Article 20: Youth and Culture

1. States Parties shall take the following steps to promote and protect the morals and traditional values recognised by the community: a) b) c) Eliminate all traditional practices that undermine the physical integrity and dignity of women; Recognise and value beliefs and traditional practices that contribute to development; Establish institutions and programmes for the development, documentation, preservation and dissemination of culture; Work with educational institutions, youth organisations, the media and other partners to raise awareness of and teach and inform young people about African culture, values and indigenous knowledge; Harness the creativity of youth to promote local cultural values and traditions by representing them in a format acceptable to youth and in a language and in forms to which youth are able to relate; Introduce and intensify teaching in African languages in all forms of education as a means to accelerate economic, social, political and cultural development; Promote inter-cultural awareness by organising exchange programmes between young people and youth organisations within and across States Parties.

d)

e)

f)

g)

2. States Parties recognise that the shift towards a knowledge-based economy is dependent on information and communication technology, which in turn has contributed towards a dynamic youth culture and globa l consciousness. In this regard, they shall: a) Promote widespread access to information and communication technology as a means for education, employment creation, interacting effectively with the world and building understanding, tolerance and appreciation of other youth cultures; b) Encourage the local production of and access to information and communication technology content; c) Engage young people and youth organisations to understand the nexus between contemporary youth culture and traditional African culture, and enable them to express this fusion through drama, art, writing, music and other cultural and artistic forms; d) Help young people to use positive elements of globalisation such as science and technology and information and communication technology to promote new cultural forms that link the past to the future;

Article 21: Youth in the Diaspora


States Parties shall recognise the right of young people to live anywhere in the world. In this regard, they shall: a) Promote the equivalence of degrees between African educational institutions to enable the youth to study and work in State Parties; 249 MODULE 6
Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a MODULE 6 000

b) Promote the recruitment of African youth with specialised skills, in the spirit of African solutions for African problems, according to national policies and priorities; c) Facilitate youth organisations to liaise and collaborate with the African youth Diaspora; d) Establish structures that encourage and assist the youth in the Diaspora to return to and fully re-integrate into the social and economic life in Africa; e) Promote and protect the rights of young people living in the Diaspora; f) Encourage young people in the Diaspora to engage themselves in development activities in their country of origin.

Article 22: Leisure, Recreation, Sportive and Cultural Activities

1. Young people shall have the right to rest and leisure and to engage in play and recreational activities that are part of a healthy lifestyle as well as to participate freely in sport, physical education drama, the arts, music and other forms of cultural life. In this regard, States Parties shall: a) Make provision for equal access for young men and young women to sport, physical education, cultural, artistic, recreational and leisure activities; b) Put in place adequate infrastructure and services in rural and urban areas for youth to participate in sport, physical education, cultural, artistic, recreational and leisure activities.

Article 23: Girls and Young Women

States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote womens rights. In this regard, they shall: a) Introduce legislative measures that eliminate all forms of discrimination against girls and young women and ensure their human rights and fundamental freedoms; b) Ensure that girls and young women are able to participate actively, equally and effectively with boys at all levels of social, educational, economic, political, cultural, civic life and leadership as well as scientific endeavours; c) Institute programmes to make girls and young women aware of their rights and of opportunities to participate as equal members of society; d) Guarantee universal and equal access to and completion of a minimum of nine years of formal education; e) Guarantee equal access to and completion of vocational, secondary and higher education in order to effectively address the existing imbalance between young men and women in certain professions; f) Ensure that education material and teaching practices are gender sensitive and encourage girls and young women to undertake studies in the sciences;

g) Provide educational systems that do not impede girls and young women, including married and/or pregnant young women, from attending;

250

MODULE 6

h) Take steps to provide equal access to health care services and nutrition for girls and young women; i) Protect girls and young women from economic exploitation and from performing work that is hazardous, takes them away from education or that is harmful to their mental or physical health; j) Offer equal access to young women to employment and promote their participation in all sectors of employment; k) Introduce special legislation and programmes of action that make available opportunities to girls and young women including access to education as a prerequisite and a priority for rapid social and economic development; l) Enact and enforce legislation that protect girls and young women from all forms of violence, genital mutilation, incest, rape, sexual abuse, sexual exploitation, trafficking, prostitution and pornography; m) Develop programmes of action that provide legal, physical and psychological support to girls and young women who have been subjected to violence and abuse such that they can fully re-integrate into social and economic life; n) Secure the right for young women to maternity leave.

Article 24: Mentally and Physically Challenged Youth

1. States Parties recognise the right of mentally and physically challenged youth to special care and shall ensure that they have equal and effective access to education, training, health care services, employment, sport, physical education and cultural and recreational activities. 2. State Parties shall work towards eliminating any obstacles that may have negative implications for the full integration of mentally and physically challenged youth into society including the provision of appropriate infrastructure and services to facilitate easy mobility.

Article 25: Elimination of Harmful Social and Cultural Practices

State Parties shall take all appropriate steps to eliminate harmful social and cultural practices that affect the welfare and dignity of youth, in particular; a) Customs and practices that harm the health, life or dignity of the youth; b) Customs and practices discriminatory to youth on the basis of gender, age or other status.

Article 26: Responsibilities of Youth

Every young person shall have responsibilities towards his family and society, the State, and the international community. Youth shall have the duty to: a) Become the custodians of their own development; b) Protect and work for family life and cohesion; c) Have full respect for parents and elders and assist them anytime in cases of need in the context of positive African values; d) Partake fully in citizenship duties including voting, decision making and governance;

251 MODULE 6

MODULE 6 Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a 000

e) Engage in peer-to-peer education to promote youth development in areas such as literacy, use of information and communication technology, HIV/AIDS prevention, violence prevention and peacebuilding; f) Contribute to the promotion of the economic development of States Parties and Africa by placing their physical and intellectual abilities at its service;

g) Espouse an honest work ethic and reject and expose corruption; h) Work towards a society free from substance abuse, violence, coercion, crime, degradation, exploitation and intimidation; i) Promote tolerance, understanding, dialogue, consultation and respect for others regardless of age, race, ethnicity, colour, gender, ability, religion, status or political affiliation; j) Defend democracy, the rule of law and all human rights and fundamental freedoms; k) Encourage a culture of voluntarism and human rights protection as well as participation in civil society activities; l) Promote patriotism towards and unity and cohesion of Africa; m) Promote, preserve and respect African traditions and cultural heritage and pass on this legacy to future generations; n) Become the vanguard of re-presenting cultural heritage in languages and in forms to which youth are able to relate; o) Protect the environment and conserve nature.

Article 27: Popularisation of the Charter

States Parties shall have the duty to promote and ensure through teaching, education and publication, the respect of rights, responsibilities and freedoms contained in the present Charter and to see to it that these freedoms, rights and responsibilities as well as corresponding obligations and duties are understood.

Article 28: Duties of the African Union Commission

The African Union Commission shall ensure that States Parties respect the commitments made and fulfil the duties outlined in the present Charter by; a) Collaborating with governmental, non-governmental institutions and developmental partners to identify best practices on youth policy formulation and implementation and encouraging the adaptation of principles and experiences among States Parties; b) Inviting States Parties to include youth representatives as part of their delegations to the ordinary sessions of the African Union and other relevant meetings of the policy organs to broaden the channels of communication and enhance the discussion of youth-related issues; c) Instituting measures to create awareness of its activities and make information on its activities more readily available and accessible to youth;

252 444

Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a

MODULE 6 MODULE 6

d) Facilitating exchange and co-operation between youth organisations across national borders in order to develop regional youth solidarity, political consciousness and democratic participation in collaboration with development partners.

PART 2: FINAL PROVISIONS Article 29: Savings clause


Nothing in this Charter shall be taken as minimising higher standards and values contained in other relevant human rights instruments ratified by States concerned or rational law or policies.

Article 30: Signature, Ratification or Adherence

1. The present Charter shall be open to signature by all the Member States. The present Charter shall be subject to ratification or accession by Member States. The instrument of ratification or accession to the present Charter shall be deposited with the Chairperson of the Commission. 2. The present Charter shall come into force thirty (30) days after the deposit with the Chairperson of the Commission of the instruments of ratification of fifteen (15) Member States.

Article 31: Amendment and Revision of the Charter

1. The present Charter may be amended or revised if any State Party makes a written request to that effect to the Chairperson of the Commission, provided that the proposed amendment is not submitted to the Assembly of the Union for consideration until all State Parties have been duly notified of it. 2. An amendment shall be approved by a simple majority of the States Parties. Such amendment shall come into force for each Member State that has ratified or acceded to it on the date of the deposit of its instrument of ratification. Adopted during the Seventh Ordinary Session of the Conference of Heads of States and Government held on July 2, 2006 in Banjul, THE GAMBIA.

253 D U L E 6 MO

MODULE 6 Yo u t h a n d D e v e l o p m e n t i n We s t A f r i c a 000

254

MODULE 6

Module
WOMEN AND HUMAN SECURITY IN WEST AFRICA

255

MODULE 7 255

WOMEN AND HUMAN SECURITY IN WEST AFRICA


Overview
Women are often the worst victims of violence and conflict: they form the majority of civilian deaths; the majority of refugees; and are often the victims of cruel and degrading practices, such as rape. Women's security is also threatened by unequal access to customarily available resources, services and opportunities. Human security seeks to empower women, through education, participation and access, as gender equality is seen as a necessary precondition for peace, security and development. This human security module focuses on the serious neglect of gender concerns under the traditional security paradigm. Traditional securitys focus on external military threats to the state has meant that the majority of threats women face has been overlooked. By focusing on the individual, the human security model aims to address the security concerns of both women and men equally. Brief Profile of Module Developer: (WIPSEN - Africa) The Women, Peace and Security Network Africa is a Pan-African Non-Governmental Organisation (NGO) established in 2006 to promote womens strategic participation and leadership in peace and security governance in Africa. WIPSEN-Africa seeks to institutionalise and mainstreaming women peace and security by enhancing womens leadership capacities and promoting constructive, innovative and collaborative approaches to non-violent transformation of conflicts, peacebuilding and human security. Mission: To institutionalise and mainstream women, peace and security by enhancing womens leadership capacities and promoting constructive, innovative and collaborative approaches to non-violent transformation of conflicts, peacebuilding, and human security in Africa. Vision: A violence free, non-discriminatory continent that fosters peaceful coexistence, equality, collective ownership and the full participation of women in decision-making on peace and human security. Goal: To facilitate, enhance, and sustain African womens rights to participation and leadership in fostering human security, sustainable peace, and development. ACKNOWLEDGEMENTS The Module was developed by Women, Peace and Security Network Africa Lead Developer: Leymah R. Gbowee Contributors: Ecoma Alaga, Victoria Ake and Dinah Sippi-Mensah

Objectives

The objectives of this module are to develop participants capacity in the field of women and human security in West Africa by: Providing a conceptual understanding of women, peace and security in West Africa; Raising awareness in participants of violence and its effects against women; Examining the concept of human security; Providing an in-depth analysis of the various instruments on women, peace and human security.

444 256

Overview

MODULE 7 MODULE 7

INTRODUCTION
The West African region lacks systematic and comprehensive framework, tools, knowledge and skills to enhance effective conflict prevention specifically as it relates to women, peace and security. This module has been developed to fill the void. It provides a broad understanding of the concepts of women, peace and human security, and the inter-relationships between them. The module comprises four sessions. Session I: Clarification of concepts This session considers such key concepts as crucial to the discussion on women, peace and security. Among them are gender, women and womanhood, human security, feminism and masculinity. Session II: Violence Against Women Violence is a daily reality for many women even when there are no full-blown violent/armed conflicts/wars. This session explores the ways in which women suffer from violence both in private and public life, and in times of war and peace. Session III: Human Security - This session explores the ways in which women are threatened by various forms of insecurities and how these can be abated. Session IV: International Instrument - International, regional and sub regional instruments on women, peace and security has increased over the last few years with hope of addressing issues affecting women in pre, conflict and post conflict situations. The goal of this session is to sensitise participants on these instruments and mechanisms with the hope of informing their work. Session V: Case Studies and Directory of Women, Peace and Security organisation in West Africa Each session is specially designed to actively engage participants through group work, role play/ simulation, brainstorming and mini lectures and discussions.

MO 257 D U L E 7

Session 1 000 MODULE 7

OVERVIEW OF SESSIONS
Security Sector Reform
Contents/Sessions
Conceptual framework for women, peace and human security: Conceptualising Women, Peace and Security: What is gender? What is the difference between sex and gender? What is feminism? What is masculinity? What do masculinity and femininity represent?

Materials Required

Methodology

Duration

Violence Against Women What is violence? What forms of violence exists? Which of these forms of violence do women face? What is domestic violence?
Human Security What is human security? What can be done to advance human security? How can human security be engendered? Instruments on women, peace and security International Regional National

Flip chart and marker

Mini lecture and plenary

30 Minutes

Flip chart, markers, handouts

Group work, plenary, mini lecture

30 Minutes

Flip chart, markers, handouts

Mini lecture and plenary

30 Minutes

Flip chart, markers, handouts

Plenary and mini lecture

30 Minutes

Cumulative Training Time

120 minutes

258 D U L E 7 MO

MODULE 7 Session 1 000

SESSION ONE

SESSION ONE

CLARIFICATION OF CONCEPTS

Objectives

To demystify existing notions and provide conceptual clarity on: Gender; Women; Womanhood; Human security; Feminism and masculinities. Training Resources: Flip chart, markers and where possible a projector Duration: 30 Minutes Methodology: Brainstorming, group exercise, plenary and mini lecture. Facilitators Notes Discussions on each concept will begin with objectives of the session, brainstorming, group exercise, plenary and mini lecture. 1. Begin each theme by highlighting the objectives of the theme; 2. Proceed with the brainstorming exercise to raise reasoning in participants; 3. Coordinate the group work for each theme; 4. Debrief group work in a plenary; 5. Proceed with the mini lectures.

MINI LECTURE: UNDERSTANDING GENDER


BRAINSTORMING QUESTIONS 1. What is gender? 2. What is (are) the differences between sex and gender roles? 3. What does being man or woman mean? 4. What does masculinity and femininity represent? GROUP EXERCISE Following feedback from brainstorming session, divide participants into three (3) groups. a) Have group 1 describe the physical differences between male and female; b) Have group 2 list out the characteristics of male and female; c) Have group 3 list out the roles or tasks given to males and females. PLENARY/DISCUSSIONS 1. Have groups present their work in plenary; 2. Ask participants if the characteristics (and/or stereotypes) they have listed are true for all women and men; 3. Have participants explore whether or not these stereotypes inform mens and womens contribution to their communities; 4. Ask participants why they uphold these stereotypes. 259 444 Overview 1 MODULE 7 MODULE 7

MINI LECTURE: WHAT IS GENDER?

Gender is different from sex. Sex refers to the natural (God-given), biological and reproductive differences between males and females. The focus here is on the physical distinction and/or attributes of males and females as human beings. Every human being is born as a member of either the male or female sex. As a human characteristic, it refers to biological fact. Differences here are therefore a result of biology or nature. This biological determinism is used to define and support generalisations about male and female, linking the roles males and females should play to their natural/physical endowments and attributes. For example, because males generally have a strong body build; it is assumed that all men have physical strength. In the same vein, because females give birth and their breasts feed children, it is said that women are natural caregivers. Overtime, these cultural meanings develop into acceptable patterns of expectation, behaviours, roles and identities. From this viewpoint of the natural differentiation between male and female, it is usually argued that certain behaviours are justified and unchangeable, and any attempt to change the conventional or traditional roles and behaviour, of particularly men, is seen as either unnatural or impossible. Gender, on the other hand, refers to the social roles ascribed to men and women in any given society. Though most often linked to the physical differences between males and females, gender refers to social constructions of maleness and femaleness that differ from culture to culture. DEFINITIONS OF GENDER Gender refers to socially construed roles and responsibilities of women and men. It includes the expectations held about the characteristics, aptitudes and likely behaviour of both men and women. These roles and expectations are learned, changeable overtime and variable and between cultures. Gender refers to social and cultural constructs differentiating women and men and defining the ways in which women and men interact with each other. It is determined by the composite of shared expectations and norms within a society concerning appropriate female and male behaviours, characteristics and roles. Gender is the socially constructed and culturally determined characteristics associated with women and men, the assumptions made about the skills and abilities of women and men based on these characteristics, the conditions in which women and men live and work, the relations that exist between women and men, and how these are represented, communicated, transmitted and maintained. Unlike sex roles, gender roles are not physically determined, but are socially defined. Gender roles are informed by culture are learned and as such relate to patterns of behaviour that are recognised as feminine or masculine, and change overtime. Because it relates to attitudes and values which communities and societies prescribe and ascribe as appropriate for one sex or the other, gender role is about how men and women are perceived in terms of what their responsibilities should be, and how they are expected to think and act. Gender roles thus refers to the different behaviours, roles, tasks, responsibilities and beliefs society considers appropriate for males and females. It is these gender roles that determine men and womens perceptions of conflict, war, rights, etc; and inform the different ways of dealing with these issues. For instance, in Africa, war is seen as a male-preserve and thus traditionally it is men who go to the war-front and take up military jobs. Women are seen as compassionate because of their motherhood role and are thus discouraged from using violence. In times of war/armed conflict, a womans concern for her children (even if they are associated with the fighting forces) may be seen as natural and neutral, whiles a man would be viewed with suspicion and placed under scrutiny. This neutrality may gain a woman access into territories that may not be open to men and may increase her chances and contribute to her ability to help find a common ground with other women from different sides of the conflict.

MODULE 7 260

Session 1 000 MODULE 7

It is these ascribed gender roles that define what the rights, privileges and opportunities of women and men are, or should be. In Africa, for example, decision making powers tend to lie with men. In some cultures, a male child has to make decisions in the absence of a man, even where there are older females. There is more value on boy-child education than on the girl-child, and thus opportunities for education, for example, are given to boys, particularly in the rural settings. This not only denies women their rights, but also places restrictions on them, as well as hinders the realisation of their potentials.

KEY POINTS ABOUT GENDER Gender describes the social roles and relations between men and women in society. These roles are socially constructed and not physically determined. Society ascribes these roles to men and women on the basis of their sex . These gender roles show societys expectation of men and womens behaviour. These roles are culturally specific; learned and change over time. Gender is about power relations between the sexes (how it is used, by whom and how it is shared). Gender affects all aspects of life political, social, cultural, economic. Sudden crisis, like war or famine, can radically and rapidly change gender roles. KEY POINTS ABOUT SEX Biologically defined. Determined by birth. Universal. Unchanging.

Having a clear understanding of the different meanings of gender is key in grasping the concept of gender relations which refers to the hierarchical relations of power between women and men that tend to disadvantage women. It also helps in understanding the dynamics of gender which influence how women and men are affected by violence and conflict, and how structural inequalities are intentionally and/or unintentionally produced and perpetuated. Gender relations or gender hierarchies ultimately result in gender discrimination. In many societies, especially in Africa, people value men and masculinity more than women and femininity. This is because most African cultures are patriarchal that is institutionalising male physical, social and economic power over women. Patriarchy in Africa means that the goals and aspirations of our societies are male-oriented, male-led and maledominated. Consequently, African societies have produced norms and practices that are biased in favour of men and largely oppressive to women. Right from infancy, there is a preference for the male child. This is exemplified in the entrenched belief and notion that it is better to educate the male-child than waste resources on educating the girl child Men are generally expected to play important roles such as those related to protection of family and others, provision of resources and other needs, leadership, etc, while women are expected to support or help the men. These hierarchies and relations are maintained in a variety of ways, including through calculated and/or subtle violence, direct (physical) and/or structural discrimination and denial of rights and access to opportunities. Such discrimination on the basis of sex, whether it be de jure (legally constructed) or de facto (resulting from traditional use of legal instruments or practices), is called gender discrimination. Gender discrimination is any distinction, exclusion, or restriction (including violence) - on of ones gender, and which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of the fundamental human rights of girls, boys, women or men in all areas political, economic, social, cultural and civil. It refers to the systematic, unfavourable treatment of individuals on the basis of their gender, including the denial of rights, opportunities and resources.

261 444

Overview

MODULE MODULE 7

Gender discrimination takes different forms. It can be direct or physical, psychological, social and structural. a) Direct discrimination: This consists mostly of physical violence and abuse on the basis of ones sex, e.g. rape, domestic violence, denial of access to education, Female Genital Mutilation (FGM), etc. Note: FGM can be physical as well as structural. b) Psychological: This is mostly intangible and affects the mindset of the individual. Examples include the internalisation of oppression, blaming the victim, treatment of the girl-child as inferior and less important. c) Social: This has to do with social/communal life, e.g. sanctioning men or women who deviate from their gender roles, convincing people (particularly children) that the social order as defined by society is natural and therefore desirable. d) Structural: These are mostly entrenched in systems and structures. These can be found in the political, economic, or socio-cultural systems. Examples include unequal remuneration for equal work, feminisation of poverty, inadequate health facilities to meet the special needs of women, inheritance laws that explicitly bar women from inheriting property, women-friendly work policies (e.g., maternity leave).

Masculinity
OBJECTIVES 1. To develop an in depth understanding of the concept of masculinity; 2. To examine the concept of masculinity and its relationship with violence. BRAINSTORMING SESSION There has been a wrong notion of masculinity passed down from one generation to the other. For instance, masculinity has been associated with power, dominance, etc., notions which have helped to perpetuate violence, especially against women who are seen as powerless, weak, and vulnerable. BRAINSTORMING QUESTIONS 1. What is masculinity? 2. What constitutes masculinity? GROUP EXERCISE Following feedback from brainstorming session, divide participants into three (3) groups. a) Have group 1 describe the physical differences between male and female b) Have group 2 list the characteristics of male and female c) Have group 3 list the social roles or tasks assigned typically to males and females PLENARY/DISCUSSIONS Have groups present their work in plenary Ask participants if the characteristics (and/or stereotypes) they have listed are true for all women and men Have participants explore whether or not these stereotypes inform mens and womens contribution to their communities Ask participants why they uphold these stereotypes

MINI LECTURE: WHAT IS MASCULINITY?


This has to do with societys definition of maleness or manliness. Masculinity has certain characteristics assigned to it by the African culture, and boys are socialised into believing and acting them at an early age. There exists the belief that boys are often required to do 'men's work' outside of the home such as mowing the lawn, cleaning the garage, etc., and not 'sissy women's work' such as cooking and cleaning. Masculinities are founded on certain assumptions about the role and responsibilities of a male member of a household or community. However, the validity of the assumptions is repeatedly questioned by changes in context and circumstance which, in the most dramatic cases, result in the reversal of roles between men and 262 444 Overview 1 MODULE 7 MODULE 7

women within the household and the larger society or, at a minimum, a more balanced sharing of duties and responsibilities brought about by structural shifts in the economy, a re-ordering of social relations, or reinterpretations of custom and tradition. In the last twenty years, issues of masculinity have begun to be included in agendas for peace and democracy. It is recognised that the rights of women cannot be promoted without working with men. The goal of womens liberation is best pursued by working with men. It is also being increasingly recognised that addressing issues of masculinity can also contribute to a more peaceful world order in which environmental considerations mesh with development agendas for the developing world.

Feminism
OBJECTIVES 1. To provide an understanding of feminism 2. To examine the different types of feminism 3. To explore the concept of feminism in the African context Role play Fandi is an African Feminist but Kulah her next door neighbour is not. A few days ago Fandi was attacked and brutally raped by a group of armed men. The women in the community decided to take up the issue. Kulah refused to be part of the group on the basis that Fandi induced the rape through her dressing and utterances of empowerment and not needing a man to protect her. Kulah has the power and connection to prosecute the perpetrators and see that justice is served Fandi. A group of community women have been organised to get Kulahs support in assisting Fandi. GROUP EXERCISE Have participants debrief the role play, divide group into three (3) groups. 1. Have groups describe some stereotypes (negative or positive) about feminism 2. What is feminism? 3. Types/ characteristics of feminism?

PLENARY/DISCUSSIONS Have groups present their work in plenary. Ask participants if the characteristics (and/or stereotypes) they have listed are true about feminist. Ask participants what factors in society contribute to the reinforcement of these stereotypes. How do these stereotypes contribute to insecurity of women?

MINI LECTURE: WHAT IS FEMINISM?


Feminism refers to the belief in the social, political, and economic equality of the sexes; and the idea that each individual is a valuable human being in his or her own right. The goal of feminism is broader than simply a stronger emphasis on women; the goal is to revise ways of considering history, society, literature, etc. so that both males and females are seen as equally conditioned by the gender constructions of their culture. The working definition of Feminism in this manual is a movement which advocates womens equal opportunities and access to resources and participation in decision-making

The emergence of African feminism signals womens desire to play a role in determining the direction of development. Thus, African feminism is Janus-faced: it looks forward to womens new goals, as well as backward to statuses and roles that women leaders have played in the past. 263 D U L E 7 MO MODULE 7 000 Session 1

African women are voicing their opinions about the failed elections, military coups, political upheavals, refugee movements, economic recessions, structural adjustment, and other crises that severely affected their lives since the 1980s. They are affirming their own identities while transforming societal notions of gender and familial roles. African feminism is highly political, and it is a response to African social and political developments rather than an outgrowth of Western feminism. African women know that women and children have borne the brunt of the recent crises, as measured in high child mortality rates, lowered female literacy rates, the continuing confinement of women to agricultural work, and their exclusion from modern, technical, and scientific fields. Many African women (and some African men as well) are committed to correcting these disparities and forging new relationships between state and society.

Types of feminism

There are different types of feminism, but this manual will focus on three broad categories of feminism namely:

1. Liberal Feminism: This seeks equal life opportunities for men and women and focuses on equality in

society. Liberal feminism posits that all people are created equal by God and thus deserve equal rights. Liberal feminists are of the view that oppression, subordination, and discrimination exist because of the way men and women are socialised and the patriarchal nature of society which keeps men in positions of power and authority. Liberal feminists strongly believe that women possess the same brains and wits as their male counterparts and should not only have equal opportunities in all spheres of society, but should also be allowed to make decisions that affect such areas of their lives as health, education, career, etc. They argue that equality can be achieved through legal and social reforms and thus support acts and legislations that remove barriers for women.

2. Radical feminism: This sees womens oppression and domination as universal, irrespective of race,

ethnicity, class and culture. It therefore believes that apart from legislations, there must be a radical change at the core of society in other to break down patriarchal structures and institutions that perpetuate womens subordination. Radical feminists are strongly opposed to standard gender roles and male oppression.

3. Separatist feminism: This promotes the idea that women and men should be separate, and thus

advocates the separation of women from men and from institutions, relationships, roles and activities that are male-defined, male-dominated and operated for the benefit of males and the maintenance of male privilege. Separatist feminists are cynical about men making positive contributions to the feminist movement and they feel that even well-intentioned men replicate the dynamics of patriarchy (Ekiyor and Clarke 2006).

PATRIARCHIAL IDEOLOGY
Patriarchy consists of a power order, a domination form which paradigm is the man. It is based on the supremacy of men and anything of a masculine character and the inferiorisation of women and anything feminine. Patriarchy and its value system consider men as superior to women and gives men authority and control over the lives of women. Women are seen and treated as second-class beings. From this point of view, men are the natural heads or leaders at all times. The man is seen to be stronger, more rational and courageous than the women and therefore has the responsibility of protecting the woman and the child. A woman, on the other hand, is seen as a mans helper, and she exists to bring men pleasure and comfort.

444 264

Overview

MODULE 7 MODULE 7

SESSION TWO
VIOLENCE AGAINST WOMEN

SESSION TWO

Objectives

To understand the meaning, nature and scope of violence. To identify ways of violence against women Training Resources: Flip chart, markers, handout 0.1 and where possible a projector. Duration: 30 Minutes . Methodology: Brainstorming, group work, plenary session, Mini lecture Facilitators Notes Follow Specific notes provided on how to run brainstorming exercises, group work, plenary discussion and mini lectures. Follow these instructions as the training unfolds.

BRAINSTORMING: VIOLENCE AGAINST WOMEN


Violence is a daily reality for most women even when there are no full-blown violent/armed conflicts/wars. Domestic violence is on the increase, extending the battleground to the privacy of homes. Women are battered, raped, abused, mutilated, enslaved and murdered by their intimate partners, fathers, brothers and other relatives. Beyond this, women face other forms of insecurities in their daily lives arising from discriminatory cultural norms and practices such as honour killings (e.g. Jordan), female genital mutilation (e.g. Africa), dowry-related killing (e.g. India), acid attacks, stove deaths, denied inheritance and bride burning. These have varied implications including death, physical impairment, desperation, entanglement in criminal networks, etc.

Note: This section explores the ways in which women suffer from violence in both private and public life, in
times of war and peace.

BRAINSTORMING QUESTIONS

Have two participants demonstrate violence. From the simulation, ask the following questions and have participants brainstorm on the feedback. 1. What is violence? 2. What forms of violence exists?

GROUP EXERCISE

Following feedback from brainstorming session, divide participants into three (2) groups. Have each group: 1. Explore and discuss the different types of violence against women; 2. State the justification for such violence (if any); 3. Highlight the effect of such violence.

PLENARY/DISCUSSIONS

Have groups present their work in plenary; Ask participants if any of the forms of violence they have identified is right or wrong Have participants discussed when violence against women is right? And when is it wrong? MODULE 7 Session 1 000

265 MODULE 7

MINI LECTURE: WHAT IS VIOLENCE AGAINST WOMEN?

Violence is one way of handling conflict. It a destructive option and approach that occurs when people are willing to do harm in an effort to meet their own needs (that is, protect their rights). Violence consists of actions, words, attitude, systems or structures that cause physical, psychological, social or environmental damage and/or prevent people from reaching their full human potentials. Violence escalates as more and more people become caught up in the cycle of violence. This cycle of violence includes discriminatory governmental policies, men fighting men, men beating women, women maltreating children to women drinking alcohol in excess to numb their pain. For most women, violence is an everyday reality. Women live daily with the risk of physical, emotional, economic and social harm in ways that have no direct parallels for their male counterparts.

In virtually every society, violence or the threat of violence constricts the range of choices open to women and girls in almost every area of life, both public and private. It limits their choices directly by destroying their health, disrupting their lives, narrowing the scope of their activity and indirectly eroding self confidence and self-esteem.

Universally, violence against women is epitomised by several characteristics which include: The reluctance to criminalise the casual treatment and/or indifference to the issue of violence by existing laws, law enforcement agents, judicial authorities and society at large; The taboo nature of the issue of violence, thus creating what has been described as the private realm. This is synonymous with domestic violence; Existing customs, traditional practices and norms that reinforce and perpetuate inherent discrimination and inequalities; Forced marriages, forced prostitution, trafficking, commercialisation of womens bodies, which are consequences of failed states, lack of prudent socio-economic policies and absence of good governance; Sexual violations, including rape, and their use as weapons of war, and other human rights violations by soldiers, international aid workers and peacekeepers Sexual assault against female civilians during armed conflict as part of a strategy to suppress or punish the civilian population.

While restating the universality of this phenomenon, common characteristics have been recorded though with regional peculiarities and varied patterns appear prevalent in specific cultural and geographical contexts. Along these geographical contexts, certain forms of violence against women are intrinsically entrenched in cultural and existing patriarchal ideologies.Such culturally embedded violence includes FGM which is widespread in Africa, honour-killings practiced in Western Asia, India, Brazil, and Pakistan. Most recently, however, violence against women has taken new and despicable dimensions. The resultant effect of such repugnant traditional customs, violent intra/interstate conflicts and poverty is the extreme and continued violation of womens rights and womens inability to participate and make informed choices and decisions about their welfare. Subsequently, womens lives in the public sphere are significantly endangered and marginalised, while violence in the hitherto private realm is intensified. The harmful effects of violence against more than half the population of the world, women, cannot be overemphasised. One of the gruesome effects of such violence against women is the scourging epidemic, HIV/AIDS. Statistics have indicated that the resultant effect of extreme poverty and gender inequality, especially in post-conflict environments and countries in transition, is womens increased vulnerability to the epidemic HIV/AIDS, which leaves households and communities with unimaginable burdens. Often these women are victims of forced sexual assault and rape by soldiers and aid workers. The overall cost to human society and the anguish experienced by the victim is inestimable.
Not only do women experience violence in the private and public sphere. They also deal with issues of violence

266 444

Overview

MODULE 7 MODULE 7

during situations of armed conflict, as well as in peace times. In peace time, women are in danger in places that are even assumed to be safe home, churches, and schools. They are beaten and raped by their partners at home, or by other men in their communities. The patriarchal nature of our societies also means that discrimination and violence against women are entrenched in our systems and structures, resulting in other structural forms of violence against women. For instance, almost two-thirds of the worlds illiterate populations are women (because of the value placed on boy-child education, as against the girl-childs); there is the feminisation of poverty (as women usually have no collaterals to enable them get loans from financial institutions because their monies are taken from them by their husbands), health problems (both physical and psychological) resulting from sexual exploitation, as women are expected to satisfy the sexual desires of their partners and bear children without question. In situations of armed conflict/war, there is an alarming increase in violence against women. The violence can occur at any stage of the armed conflict prior to flight, during flight, in the country of asylum, during repatriation and reintegration, etc. Though violence against women in armed conflict manifests itself in a range of ways, the most common form is rape. Women are subjected to various kinds of violence on the basis of their sex and vulnerability due to the gendered division of roles and responsibilities. Most women in the world, and particularly in Africa, have the primary responsibility for the daily survival of the family. They take care of their husbands, children, aged relatives, and the sick. During times of armed conflict, women are at greater risk in the performance of these responsibilities, as for instance they are often forced to leave the relatively safer environment of their home, village or refugee camp in search of water, firewood, or food for the family. This makes them more vulnerable to attacks by rebels, soldiers or other refugees outside the safety of the refugee or Internally Displaced Persons (IDP) camps. Within the camps, women are sometimes forced to submit to the sexual demands of aid workers in exchange for food and other basic supply that is most needed for the survival of their families. This further places women and girls in a more vulnerable position to contract Sexually Transmitted Diseases (STDs) including HIV/AIDS.

USE OF SEXUAL VIOLENCE IN ARMED CONFLICT

RAPE: This is increasingly a part of war and is used to terrorise civilian populations and induce civilians to flee their homes and villages; to humiliate rival armies by showing control over their women; as a tool for genocide; as a reward for soldiers, and an inducement for courage on the battlefield; as a propaganda tool to rally support against the enemy.

FORCED PROSTITUTION:

This is usedas morale booster for soldiers; as a way to make women feel responsible for their own violation.

FORCED IMPREGNATION AND FORCED PREGNANCY: This is used-

to deepen the humiliation of rape victims; to produce babies of the ethnic of the rapists (ethnic cleansing); as a future stigma to prevent women from reintegrating into their families and communities

Note:

Womens experiences of violence do not end with the cessation of hostilities or end of armed conflict. Unfortunately, the post-war context brings in its wake new forms of violence against women. During armed conflict, the traumas women face, as well as their experiences especially those brought about by the reversal of roles - brings about changes in them. Yet, in the post-war context, it is expected that women will return to their traditional second-class roles. This brings about tension between men and women, as well as between women and women, leading to more violence. Below is a table put together by Beth Woroniuk in 1998, that highlights ways in which gender differences and inequalities may be relevant in conflict situations (in pre-, during, and post-conflict stages).

267 D U L E 3 MO

MODULE 7 Session 1 000

ELEMENTS OF CONFLICT SITUATIONS AND POSSIBLE GENDER DIMENSIONS


Elements of Conflict Situations 1. Pre-conflict Situations Increased mobilisation of soldiers Increased commercial sex trade (including child prostitution) around military bases and army camps. Gender stereotypes and specific definitions of masculinity and femininity are often promoted. There may be increased pressure on men to defend the nation. Women have been active in peace movements both generally and in women-specific organisations. Women have often drawn moral authority from their role as mothers, but they have also been able to step outside traditional roles during conflict situations, taking up public roles in relief and political organisations. Womens rights are not always recognised as human rights. Gender-based violence may increase. Possible Gender Dimensions

Nationalist propaganda used to increase support for military action

Mobilisation of pro-peace activists and organisations

Increasing human rights violations 2. During conflict situations Psychological trauma, physical violence, casualties and death

Men tend to be the primary soldiers/combatants. Yet, in various conflicts, women have made up significant numbers of combatants. Women and girls are often victims of sexual violence (including rape, sexual mutilation, sexual humiliation, forced prostitution and forced pregnancy) during armed conflict. Gender relations can be subject to stress and change. The traditional division of labour within a family may be under pressure. Survival strategies often necessitate changes in the gender division of labour. Women may become responsible for an increased number of dependents. The gender division of labour in workplaces can change. With mens mobilisation for combat, women have often taken over traditionally male occupations and responsibilities. Women have challenged traditional gender stereotypes and roles by becoming combatants and taking on other non-traditional roles.

Social networks disrupted and destroyed changes in family structures and composition

Mobilisation of people for conflict. Every day life and work disrupted

Material shortages (shortages of food, health care, water, fuel, etc)

Womens role as provider of the everyday needs of the family may mean increased stress and work as basic goods are more difficult to locate. Girls may also face an increased workload. Non-combatant men may also experience stress related to their domestic gender roles if they are expected, but unable, to provide for their families.

268

MODULE 7

Creation of refugees and displaced people

Peoples ability to respond to an emergency situation is influenced by whether they are male or female. Women and men refugees (as well as boys and girls) often have different needs and priorities. Women are often excluded from formal discussions given their lack of participation and access in pre-conflict decision-making organisations and institutions.

Dialogue and peace negotiations

3. During reconstruction and rehabilitation Political negotiations and planning to implement peace accords Media used to communicate messages Men and womens participation in these processes tends to vary, with women often playing only minor roles in formal negotiations or policy making. Womens unequal access to media may mean that their interests, needs and perspectives are not represented and discussed. Officials are not generally trained in gender equality issues (womens rights as human rights, how to recognise and deal with gender-specific violence). Women and girls have been harassed and sexually assaulted by peacekeepers. Women face specific obstacles in voting, in standing for election and in having gender equality issues discussed as election issues. Reconstruction programmes may not recognise or give priority to supporting womens and girls health needs, domestic responsibilities or needs for skills training and credit. Combatants are often assumed to be all male. If priority is granted to young men, women do not benefit from land allocations, credit schemes, etc. Womens participation in community organisations and NGOs is generally uneven. These organisations often lack the capacity and interest in granting priority to equality issues.

Use of outside investigators, peacekeepers, etc.

Holding of elections

Internal investments in employment creation, health care, etc. Demobilisation of combatants

Measures to increase the capacity of and confidence in civil society

269

MODULE 7

MINI LECTURE: ELIMINATION OF VIOLENCE AGAINST WOMEN


It was in recognition of the incalculable cost of this crosscutting issue of violence to society that the United Nations General Assembly, at its forty-eighth session on December 20 1993, adopted Resolution 48/104 which proclaimed the Declaration on the Elimination of Violence Against Women. Earlier conventions and resolutions, such as the Convention on the Elimination of Discrimination Against Women (CEDAW), the Economic and Social Council (ECOSOC) Resolution 1990/15 of 24th May, the Nairobi Looking Forward Strategies (NLFS) 1985, etc., are other international human rights instruments that deal with issues relating to violence against women. All these instruments reaffirmed that violence is a violation of womens fundamental human rights and clearly defined violence as: any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life. Such violence whether it occurs on the streets or in homes, affects women of every nation, belief, class, race and ethnic group. It is perpetrated by men, silenced by custom, institutionalised in laws and state systems, and passed from one generation to the next. Similarly, international and regional declarations and campaigns on violence against women have unanimously condemned the act of violence, and reiterated that human rights of women are inalienable, integral and indivisible parts of universal human rights. The global campaign on violence against women thus urges societies to: 1) raise awareness on the issue of violence against women; 2) criminalise all forms of gender-based violence; 3) reform pre-existing discriminatory laws, policies, including traditional practices and, in some instances, criminalise such repugnant practices; 4) create new synergies geared towards eradicating violence against women; 5) advocate, build capacities and empower women to speak out about experiences of violence; 6) calls on governments to ratify the Optional Protocol to the CEDAW as a matter of necessity; 7) develop indicators and collect data to showcase the prevalence of violence against women; 8) identify and document lessons learned and adopt best practices. In spite of the global campaign to eliminate violence against women, violence against women has not been eradicated. Success stories have been recorded however it remains an endemic issue that continues to threaten the attainment and enjoyment of womens fundamental rights. While it is important to address the triggering, accelerating and proximate causes of violence against women, it is equally important to deal with the root causes. These roots causes are mostly systemic and structural. The table below highlights some structural forms of violence against women, particularly in Africa. In identifying this, Karimi Kinoti also looks into the effects, and justifications for these forms of violence against women (See handout 1.0).

MINI LECTURE: WHAT IS DOMESTIC VIOLENCE?


Domestic violence is a "pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain power and control over another intimate partner." Domestic violence can take different forms, including physical abuse, sexual abuse, emotional, economic, or and/or psychological abuse. Many women in Africa suffer domestic violence, and they do so in silence due to a deep rooted culture of impunity and a non-committal response from governments. A study on domestic violence conducted in 2000 444 270 Overview 1 MODULE 7 MODULE 7

by the Canadian Centre of Research and International Cooperation (CECI) in Dakar and Kaolack, 150km southeast of the capital, Senegal, revealed that 27.5 percent of women are subject to physical violence from their partners . In Ghana, a new report states that violence against women remains widespread and some groups of women are particularly vulnerable, and physical abuse by husbands or other intimate partners is widespread. This is in spite of the existence of the Domestic Violence Law passed in 2007, and the Domestic Violence and Victims Support Unit (DOVVSU) a specialised unit within the Ghana Police Service established in October 1998 in response to the increasing number of domestic violence, especially against women and children. National data from the eleven administrative regions of the Ghana Police Service from 1999 2007 revealed 80, 313 recorded cases of domestic violence, with women and children being the most victims.

The following constitutes a break-down of the figures:

defilement 6590 rape 1,604 assault 800 abduction 1,458 threats 4, 288 compulsory marriage 26 assault mostly wife battery 17, 249, and non maintenance 38, 492 (Daily Graphic, Tuesday June 3, 2008).

Most governments do not have structures in place to address violence against women, and even in countries where laws have been passed, the laws face religious and cultural resistance, and are often poorly enforced. Womens subordination is deeply entrenched in African cultures and traditions and people tend to accept it. As a result, violence against women is perpetuated as women are expected to always follow a man--her husband, son, uncle, father--even if his expression of domination turns violent. Governments role in checking domestic violence can be by setting up structures to address it in the following forms: providing toll-free numbers which women could call; providing shelter for women who have fled their homes as a result of violence; ensuring that laws against domestic violence are passed; taking stringent measures to punish perpetrators of domestic violence.

271 MODULE 7

MODULE 7 Session 1 000

SESSION THREE
HUMAN SECURITY

SESSION THREE

Objective

To understand the concept of human security. Training Resources Flip chart, markers, handout 0.2 and where possible a projector. Duration: 30 Minutes. Methodology: Brainstorming, group work, plenary session, Mini lecture.

BRAINSTORMING SESSION
The increase in armed conflict in recent years and its adverse impact on unarmed populations have necessitated scholars, academia and policy makers to advance and broaden the security discussion to include other issues that tend to threaten the lives of individuals.

BRAINSTORMING QUESTIONS
1. 2. 3. 4. 5. 6.

What is human security? What does security mean to women? In what ways do men and women experience insecurity? What are some major threats to human security? What can be done to advance the cause of human security? How can human security be achieved?

Role play

Divide participants into three groups and have them debate (for, against or be observers of) the following: The advancement of the human security agenda globally is closely tied to the advancement of womens rights.

Debrief session:

Participants should give feedback on the debate, list key factors that were highlighted during the debate. Group Exercise: Use handout 0.2 to provide solutions on advancing the different areas of human security

MINI LECTURE: WHAT IS HUMAN SECURITY?

Traditional conception of security emphasises territorial integrity and national independence as the primary values that need to be protected, human security pertains, above all, to the safety and well-being of all the people everywhere in their homes, in their jobs, in their streets, in their communities, in their environment. Human security is a child who did not die, a disease that did not spread, a job that was not cut, an ethnic tension that did not explode into violence, a dissident who was not silenced. Human security is also defined as ensuring risk reduction, removing insecurity, or reducing vulnerabilities.

MO 272 D U L E 7

Session 1 000 MODULE 7

The Human Security concept has been further clarified as one that focuses on the individual and seeks protection from threats to human life, livelihood, and dignity, and the realisation of full potential of each individual. Human security addresses both conflict and developmental aspects including displacement, discrimination and persecution of vulnerable communities as well as insecurities related to poverty, health, education, gender disparities, and other types of inequality. Human security is addressed as an integrative rather than a defensive concept (for example, territorial security using the military). It identifies seven dimensions of human security as: economic security; (i) food security; (ii) health security ; (iii) ( iv) environmental security; personal security; (v) community security; and (vi) political security. (vii) These dimensions are interrelated and if one dimension is not addressed another is bound to be affected. For example, low economic security generally results in low food and health security. 1. Threats to economic security: Lack of productive and remunerative employment, precarious employment, absence of publicly financed safety nets 2. Threats to food security: Lack of food entitlements including insufficient access to assets, work, and assured incomes 3. Threats to health security: Infectious and parasitic diseases, diseases of the circulatory system and cancers, lack of safe water, air pollution, lack of access to health care facilities Threats to environmental security: declining water availability, water pollution, declining arable land, deforestation, desertification, air pollution, natural disasters 4. Threats to personal security: Violent crime, drug trafficking, violence and abuse of children and women. 5. Threats to community security: Breakdown of the family, collapse of traditional languages and cultures, ethnic discrimination and strife, genocide and ethnic cleansing. 6. Threats to political security: Government repression, systematic human rights violations, militarisation. 7. Threats to environmental security: Declining water availability, water pollution, declining arable land, deforestation, desertification, air pollution, natural disasters

273 D U L E 7 MO

MODULE 7 Session 1 000

Traditional Security Traditional Security

Human Security Human Security

Traditional security policies are designed to Human security is people-centred. Its focus shifts promotety policies are des igned to promote Other to Human sec urity is people-centre d. Its focus shifts to Tra ditional securi demands ascribed to the state. demands protecting individuals. The important dimenprotecting entail the well-being of individuals Referent ed to the stat e. Other int erests are subordinat ed to t hosesions are to indivi duals. The important dim ensions ascrib interests are subordinated to those of the state. Referent are to entail t he well-being of individuals and Traditional security protects of the state. Traditional security protectsaastates boundaries, and respond to ordinary peoples needs in dealstate's boundaries, people, institutions ingrespond to ordinary peopl e's needs in dealing with with sources of threats. people, institutions and values. and values. sources of t hreats. Traditional security seeks to defend states from external aggression .Walter external addition to protecting the tate from external Tra ditional securi ty seeks to defen d stat es from Lippmann In In additio n to protec ting the sstate from external explainedLippman n explained that state s ecurity is aggression, human s ecurit y would expand the scop that state security is about a states aggressi on .Wal ter aggression, human security would expand the ability to deter or or defeat an attack. It makes scope of protection to include der range range of Scope a stat e's abili ty to deter defeat an attack. It makes uses of protection to incl ude a broaa broaderof threats, Scope about uses of deterrence strategies to maintain the of deterrence stra tegi es to maintain the i ntegrity of the stat e threats, including environmental pollution, infecincluding envi ronmental pollution, infe ctious integrity itory fr state and threats and protect the terrof the om extern al protect. the territory tious diseases, economi c deprivation. diseases, and and economic deprivation. from external threats. The realisation of human security inv ol ves not onl The state The state actor, to ens ure its ownensure its own The realisation but a broadersecurity involves not is the sol e is the sole actor, to survival. Decision governments, of human participation of diff ere making power is centra lised in the govern ment, centralised only governments, but a broader participation ions actors, vis. regi onal an d international organ isat of survival. Decision making power is and the executionin the government, involv es the publ ic. Tradit ional different actors, vis. regional and international orof strat egies rarely and the execution of strateNGOs and local com munities. gies rarely a sovereign public. Traditional an Actor(s) security assumes thatinvolves the state is operat ing in secu- ganisations, NGOs and local communities. Actor(s) rity ernational en vironment, in state there is n o anarchical intassumes that a sovereignwhich is operating world governing body to enforce international rules of in in an anarchical international environment, conduct. which there is no world governing body to enforce international rules of conduct. Traditional security relies upon national power Tra ditional securi ty relies upon building upbuilding up naMeans and military defence. The common defence. The are tional power and military forms it takes common Means armament races,it takes are armament races, alliances, forms alli ances, stra tegi c boundaries etc. strategic boundaries etc.

Human sec urity not only protects , b ut also Human security not only protects, but also emempowers people and societies as a means of powers people and societies as a means of sesecurity. People contribute by identifying and curity. People contribute by identifying and impleimpl ementing solutions to insecurity. menting solutions to insecurity.

Gender and Human security

The human security model focuses on the serious neglect of gender concerns under the traditional security paradigm. Traditional securitys focus on external military threats to the state has meant that the majority of threats women face has been overlooked. By focusing on the individual, the human security model aims to address the security concerns of both women and men equally. Women are often the worst victims of violence and conflict: they form the majority of civilian deaths; the majority of refugees; and, are often the victims of cruel and degrading practices, such as rape. Women's security is also threatened by unequal access to resources, services and opportunities. Human security seeks to empower women, through education, participation and access, as gender equality is seen as a necessary precondition for peace, security and a prosperous society. - Sex disaggregated data should be collected the educational, economic, social and health needs of men and women, and on this basis to identifyand programmes should be designed and policies implemented. - Women and needs are. men should participate equally in defining what security mean to them and what their security National security policies should be broadened to include human security, and should be gender-sensitive. participate in and Women and men should equallyshould be usedsecurity institutionsform ofprocesses, and gender-inclusive and gender-specific languages to eliminate any discrimination or exclusion. 274 MODULE 7 MODULE 7 Session 1 000

Engendering human security

SESSION FOUR

SESSION FOUR

INTERNATIONAL INSTRUMENTS ON WOMEN PEACE AND HUMAN SECURITY

Objective
To raise awareness on the different international, continental and regional womens rights instruments and mechanisms. Training Resources: Flip chart, markers and where possible a projector. Duration: 30 Minutes. Methodology: Brainstorming, group work, plenary session, Mini lecture. Facilitators Notes: Begin session with the following group work: 1. Split participants into three (3) groups; 2. Let group one (1) list international instruments on women peace and security; 3. Have group two (2) list regional instruments on women peace and security; 4. Let group three (3) list sub-regional instruments on women peace and security; 5. Have each group list at least one national instrument on women peace and security.

Group Work
What are the international, regional, sub-regional and national instruments on women, peace and human security?

PLENARY/DISCUSSIONS: Have groups present their work in plenary; Have participants list which instrument apply to their context; How can the specific instrument be applied to their context?(list suggestion).

MINI LECTURE: INTERNATIONAL INSTRUMENTS AND MECHANISMS

International Instruments

1. Security Council Resolution 1325 (October 2000) on Women, Peace and Security: This was adopted by the UN Security Council in October 2000 as a comprehensive
Resolution on Women, Peace and Security. Resolution 1325 stresses the need to address gender issues in all peacebuilding and peacekeeping efforts and to include women in the key institutions and decision-making bodies committed to the building and maintenance of peace. It highlights the importance of the equal participation and full involvement of women in all efforts geared towards the maintenance and promotion of peace and security, as well as the need to increase their role in decision-making with regard to conflict prevention and resolution.

275 MODULE 7

MODULE 7 Session 1 000

2. The Four Geneva Conventions (1949) and their Additional Protocols (1977):

During a war, certain humanitarian rules must be observed, even with regard to the enemy. These rules are set out mainly in the four Geneva Conventions of 12 August, 1949, and their Additional Protocols of June 8 1977. The Geneva Conventions are founded on the idea of respect for individuals and their dignity. Persons not directly taking part in hostilities and those put out of action through sickness, injury, captivity or any other causes must be respected and protected against the effects of war; those who suffer must be aided without discrimination. The Additional Protocols extend this protection to any person affected by an armed conflict. Furthermore, they stipulate that the parties to the conflict and the combatants shall not attack the civilian population and civilian objects and shall conduct their military operations in conformity with the recognised rules of humanity.

3. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1951): Parties that sign this Convention agree to punish any
person who, to gratify the passions of another: (a) Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person; (b) Exploits the prostitution of another person, even with the consent of that person. In addition, the states parties promise to punish any person who keeps or manages, or knowingly finances or takes part in the financing of a brothel; and anyone who knowingly lets or rents a building or other place for the purpose of the prostitution of others.

4. Declaration on the Protection of Women and Children in Emergencies and Armed Conflicts (1974): Prohibits attacks and bombing on the civilian population, inflicting
suffering especially on women and children, who are recognised as the most vulnerable members of the population (Art. 1). Moreover, it recognises all forms of repression as criminal acts, including cruel and inhuman treatment of women and children, imprisonment, torture, shootings, mass arrests, collective punishment, destruction of dwellings and forcible eviction (Art. 5).

5. Convention on the Elimination of Discrimination Against Women CEDAW (1979): This Convention (entry in force 1981) guarantees women equal rights with men in many

spheres of life, including education, employment, health care, political participation, nationality and marriage. The Convention also affords women protection from abuses from which men are largely already protected. However, it does not specifically protect women against rape, spousal abuse or other abuses suffered mainly by women.

6. Optional Protocol to CEDAW (1999): Enables individuals to raise complaints with the UN

Committee for CEDAW and the Committee to probe into violation of human rights in member states. By ratifying the Optional Protocol, a State would recognise the competence of the Committee on the Elimination of Discrimination Against Women the body that monitors States parties compliance with the Convention to receive and consider complaints from individuals or groups within its jurisdiction. The Committee would then be authorised to request the State Party where the alleged violation occurred to take interim measures to avoid possible irreparable damage to the victim or victims

7. Convention on the Rights of the Child (1989): The Convention (entry in force 1990) on the

rights of the Child explicitly extends to children the protection afforded to adults through the various legal instruments. For example, States Parties agree to safeguard due judicial process for children and protect children affected by armed conflict. Four general principles are enshrined in the convention: MODULE 7

276

a. Non-Discrimination (Article 2): States Parties must ensure that all children within their jurisdiction enjoy their rights. The essential message is equality of opportunities: girls should be given the same opportunities as boys. b. Best interests of the child (Article 3): The best interests of children must be a primary consideration in all State decisions which affect children. c. The right to life, survival and development (Article 6): The right-to life article includes formulations about the right to survival and to development. d. The views of the child (Article 12): States that children should be free to have options in all matters affecting them, and those views should be given due weight in accordance to the age and maturity of the child.

8. The Vienna Declaration (1993): The declaration recognises that the human rights of women and

of girl-children are an inalienable part of universal human rights, and calls for the elimination of genderbased violence. It recognises the importance of joint efforts to eliminate violence against women in public and private life, and confirms that the violation of womens human rights in armed conflict situations is a violation of the fundamental principles of international human rights and humanitarian law.

9. Declaration on the Elimination of Violence Against Women (1993): Asserts that

violence against women is pervasive in all societies, across lines of income, class and culture, and recognises that violence against women by private actors is a human rights violation. The Declaration reaffirmed that violence against women is the manifestation of historically unequal power relations between men and women and that it is one of the critical mechanisms by which women are forced into a subordinate status.

10. Beijing Platform for Action (1995): The Platform identifies violence against women as an

obstacle to the achievement of the objectives of equality, development and peace. It includes a focus on combating violence against women as one of its strategic objectives and on promoting the status of women in war affected countries.

11. ILO Convention 100: Equal Remuneration (1951): States which have ratified C.100 agree

to promote the principle of equal pay for work of equal value. They must ensure its application to all workers in a manner consistent with the national methods used to determine rates of pay. The Convention defines equal pay for work of equal value as a rate of pay fixed without discrimination based on sex.

12.

Convention on Political Rights of Women (1952): The main objective of the Convention

is to implement the principle of equality of rights for men and women in the enjoyment and exercise of political rights. The Convention formulates important principles providing that women, without any discrimination, shall be: (a) Entitled to vote in all elections; (b) Eligible for elections to all publicly elected bodies established by national law; (c) Entitled to hold public office and exercise all public functions established by national law.

13.

ILO Convention 111: Discrimination (1958): Each ratifying state must adhere to the basic

goal of promoting equality of opportunity and treatment by means of a national policy that aims to end all forms of discrimination in employment and occupation. Discrimination is defined as any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin that nullifies or impairs equality of opportunity or treatment in employment or occupation.

MODULE 7 277

Session 1 000 MODULE 7

14.

Convention against Discrimination in Education (1960): Adopted by the General

Conference of UNESCO, this convention paves the way for equal educational opportunities for girls and women. The convention is not only directed at the elimination of discrimination in education but also concerns the adoption of measures aimed at promoting equality of opportunity and treatment in this field.

Regional (Continental) Instruments and Mechanisms:


The Protocol to the African Charter on Human and Peoples rights on the rights of Women in Africa:

The Protocol recognises the importance of the womens role in matters of peace and security, and recognises the rights of women to participate in the promotion and maintenance of peace and security.

AU-PCRD:

Post-Conflict Reconstruction and Development (PCRD) is one of the tools of the African Union (AU) designed to curb the severity and repeated nature of conflicts in Africa as well as bring about sustained development. With the PCRD Policy the AU seeks to break the cyclical violence that has become the continent's trademark, working on the policy comprising six indicative elements: security, humanitarian/emergency assistance, political governance and transition, socio-economic reconstruction and development, human rights, justice and reconciliation, women and gender

SOLEMN DECLARATION ON GENDER EQUALITY

Under the solemn declaration on gender equality, state parties agreed to the full and effective participation and representation of women in peace process including the prevention, resolution, management of conflicts and post-conflict reconstruction in Africa as stipulated in UN Resolution 1325 (2000) and to also appoint women as Special Envoys and Special Representatives of the AU. Sub-regional (West Africa) Instruments and Mechanisms:

ECOWAS Gender Policy

The policy elaborates the key concepts and approaches that underpin gender and development issues. It summarises the evolution in perspectives and practices designed to integrate gender/women into the development process that have taken place in the last thirty years. It has two approaches: The first approach is referred to as Women in Development (WID), which sees women as well as their concerns, as largely excluded from the development mainstream and their integration into development through stand-alone initiatives is advocated. The second approach identified as Gender and Development (GAD) is not centred on women, but on gender and the social, political and economic relations as well as the structures and processes that create, reinforce and sustain gender inequality. Unlike the WID approach, GAD seeks to redress these unequal relations between men and women. It seeks to take account of the link between culture and development in particular the cultural-specific forms of social inequality. The gender approach has an agenda to transform unequal gender relations through the empowerment of both women and men, by enabling them to question cultural values, practices and structures.The Mechanism for conflict prevention, management, resolution, peacekeeping and security (1999) The objectives of this protocol include, amongst others, to implement the relevant provisions of the Protocols on Non-Aggression, Mutual Assistance in Defence, Free Movement of Persons, the Right of Residence and Establishment; strengthen cooperation in the areas of conflict prevention, early-warning, peace-keeping operations, the control of cross-border crime, international terrorism and proliferation of small arms and antipersonnel mines; maintain and consolidate peace, security and stability within the Community; establish 278 D U L E 7 MO MODULE 7 Session 1 000

institutions and formulate policies that would allow for the organisation and coordination of humanitarian relief missions; promote close cooperation between Member States in the areas of preventive diplomacy and peace-keeping; constitute and deploy a civilian and military force to maintain or restore peace within the subregion, whenever the need arises.

National Instruments:
The last few years has seen a proliferation of national gender machineries and frame work within the subregion. Many countries based on advocacy by womens groups locally and globally have recognised the need to enact legislation and policies to address some of the issues of inequalities in various sectors specifically peace and security. Some countries are currently engage in the process of domesticating some international frameworks and instruments to suit their local context. Below are few national gender framework and policies.

Inheritance law (Oct. 2003) In 1995, an Act to Govern the Devolution of Estates and Establish the Rights of Inheritance for Spouses of both Statutory and Customary Marriages was submitted to the Liberian Parliament. Eight years later, it was passed into law by the National Transitional Legislative Assembly (NTLA) granting rights to spouses of both statutory and customary marriages. Rape Law (December 2005) Passed by the National Transitional Legislative Assembly, the law makes rape illegal, previously only gang rape was considered an offense by law. Punishment for rape under the new law is seven years to life imprisonment and accused rapist will not be granted bail. Poverty Reduction Strategy (2008) Articulates the Governments overall vision and major strategies for moving toward rapid, inclusive and sustainable growth and development during the period 2008-2011. National Womens Plan of Action (May 2008) The document incorporates the outcome of the National Womens Conference, issues of importance in womens views not considered within the framework of the Poverty Reduction Strategy (PRS) and the County Development Agenda. This plan of action seeks to promote cross cutting womens issues in post conflict Liberia.

Liberia:

Domestic Violence Act 2007 (Act 732) This is divided into three parts, the first part of the Bill defines such key concepts as Domestic Violence and Domestic Relationship, prohibits and criminalises domestic violence; outlines the types of behaviour that would constitute domestic violence, provides for the procedure for filing complaint with the Police and for receiving Police assistance. It also explains the circumstances under which a Police Officer may arrest a person suspected of committing domestic violence with or without a warrant. The second part provides for protection order, jurisdiction of the court, application for protection order, conduct of court proceedings, and interim protection order, grant of protection order, reference to Family Tribunal and power to discharge protection order. The third part covers miscellaneous provisions including the relationship between the Domestic Violence Act and the Criminal Code, promotion of reconciliation by Court, publication of proceedings, criminal charges and protection, civil claim for damages, procedural rules for domestic violence, regulations and Interpretation. A key provision of the Act is the establishment of Victims of Domestic Violence Support Fund, which shall source funds by voluntary contributions to the Fund from individuals, organisations and the private sector; the amount of money that Parliament may approve for payment into the Fund, and any other source approved by the Minister Responsible for Finance. 279 D U L E 7 MO MODULE 7 000 Session 1

Ghana:

National Womens Manifesto (2003) - The National Womens Manifesto is a political document which sets out critical issues of concern to women in Ghana and makes demands for addressing them. Its emergence was a direct result of concern about the insufficient attention given to critical issues affecting women as well as their under-representation in politics, policy and decision-making levels and in public life in general. Given the challenges that women are confronted with, it became important to put in place mechanisms that would progressively draw attention to womens needs and concerns and enable them to participate actively in public affairs. The Manifesto therefore provides a platform of a common set of demands for the achievement of gender equality and equity and sustainable national development. Childrens Act 1998 (Act 560) - The Act aims at ensuring that the rights of the Ghanaian child are protected. The Act stipulates what constitutes child labour under section 87, which includes using a child for labour beyond his or her capabilities. Under the Act, child prostitution or any work that affects the health, education and the general welfare and the development of the child is prohibited.

Sierra Leone

Three Gender Acts (2007) The Acts, the Domestic Violence Act, the Registration of Customary Marriage and Divorce Act and the Devolution of Estates Act aim at improving the position of women in Sierra Leone. These laws help to turn international commitments such as CEDAW etc. into national legal treaties. The Registration of Customary Marriage and Divorce Act provide that children cannot marry below the age of 18 and introduces the requirement that both parties must consent. It provides that women are entitled to acquire and dispose of property in their own right, and that dowries do not have to be returned in the event of divorce or separation. It also enables women to apply for child maintenance if a father refuses to take responsibility for his child. In addition, customary marriages and divorces will have to be registered, like other marriages, and this will enable people to prove their marital status if their spouse denies responsibility. The Domestic Violence Act introduces both a new offence of domestic violence and the legal instrument of protection orders to regulate violent relationships, including, if necessary, excluding men from the home. The Act also requires the Government to provide temporary safe homes for victims of domestic violence. The Devolution of Estates Act introduces considerable changes to the economic standing of women, as most wealth in Sierra Leone is inherited. Whereas currently if someone dies without a will, the estate usually reverts to the deceased persons parents and brothers, with the enactment of the new law, the majority will devolve to the wife and children. The Act also seeks to end the widespread practice of wife inheritance whereby women are forced to marry their husbands brother. Poverty Reduction Strategy (2007) This articulates a strategy that supports a wide ranging set of policies aimed at poverty reduction, progress towards the Millennium Development Goals and the goals and targets of the Brussels Programme of Action. The SL-PRS considers a number of short to medium-term challenges that should not only impact immediately on the living conditions of the people but also lay a solid framework for addressing the long-term causes of conflict and poverty. It also considers a number of short-term challenges that need to be met immediately such as the impact of the spread of HIV/AIDS and other diseases such as malaria, typhoid and wide-ranging communicable diseases, and the need to provide adequate human settlements, water and sanitation to households that are still lacking these services.

280 D U L E 7 MO

MODULE 7 000 Session 1

HANDOUTS

281 MODULE 7

MODULE 7 Session 1 000

Handout 0.1
Structural forms of Violence Against Women Example
Female Genital Mutilation FGM (circumcision) Cultural -

Justification
Rites of passage to womanhood Control of sexuality family honour, chastity To please husband Boys of more value than girls Mans right to discipline wife, expression of love Educating boys of greater value to family & Society -

Effects
Exposure to infections during operations (including HIV/AIDS Haemorrhage Urinary track infection, Urinary retention Depression Under -valuation of women in society Women become passive Child violence Disfigurement/Death Limited social and economic advancement of women

Infanticide/ Sex-selective abortion Domestic violence

Education

Political

Marginalisation/ Under-representation in political processes and peace negotiations Military

Politics is not for women Women can be adequately represented by men War is mens business

Leadership considered the preserve of men; womens issues given little attention

Few women join the military Fewer women in senior military positions

Land & property rights

Land/property will not remain in the family if woman gets married or divorced Womens work and status secondary to men A good African woman cannot have certain jobs

Limited access to economic resources, including rights to inheritance Unequal pay and status; marginalisation in business

Economic

Job discrimination

282

MODULE 7

Handout 0.2

Handout 0.2 Group Exercise: The table represents the six broad areas to advance human security under each table write what can be one and the tools needed to advance the issue:

Broad Areas Advance Broad Areas to to Advance Human Security Human Security

What can be done What can be done to to advance human security advance human security

Tools Tools

Protecting people in violent conflict Protecting people in violent


conflict

Protecting and empowering Protecting and empowering people on the move people on the move

Protecting and empowering people in post conflict people in post conflict situations situations

Protecting and empowering

Economic Security

Economic Security

Health Security

Health Security

Knowledge , skills and value


Knowledge , skills and value

MODULE 7 283

Session 1

000 MODULE 7

CASE STUDY
HANDOUTS 0.3 Case Studies on Women and Human Security Introduction

Case studies are intended to enable the participants to get examples of the best practices in peace and security. They are tools to enrich the module with personal experiences and information. They are intended to present lessons learnt as well as the unique practices of different women groups in different countries to participants of womens contribution towards sustainable peacebuilding. Liberian Women and the Peace Process In the heat of the civil war in Liberia in 2003, the women of Liberia launched a campaign that became known as the Liberian Womens Mass Action for Peace. The campaign which began in April 2003 with a few women dressed in white t-shirts over lappas and with headscarves, on the streets of Monrovia (the capital city) chanting we want peace, no more war, took the entire country by storm and drew international attention to the crisis in Liberia. This campaign heralded the historic transformation of Liberian women from their state of victimhood and passivity into actors/stakeholders of peace. With the resolve not to become victims of the politicians war again, and putting aside all differences, women mobilised from all divides churches, mosques, market places, government offices, schools, civil society and internally displaced camps, to join the campaign. The campaign began with sit-ins at the air-field in Monrovia, where the women gathered in large numbers to pray for hours each day, under the sun or in the rain. They raised their voices loudly, lying flat on their stomachs crying to God. At first, they were not taken seriously. The general feeling was that this was a flash demonstration that would end after a while. However, this was not the case. Rather, the number of women at the air-field increased on a daily basis. After months of sitting at the air-field, President Taylor (Liberias ex-president) drove past in his motorcade during one of the prayer sessions and was shocked at the sight of hundreds of women lying flat on their stomachs, praying and crying. The general feeling also began to change when the women took the campaign to another level where they began to issue position papers demanding for a ceasefire. These statements were posted at the City Hall, Embassies, UN Headquarters and other public places. Following this, President Taylor invited the women to the Presidential Mansion thinking only a few women would attend, but the vast number of women who showed up made the always in control Charles Taylor unsure of what to do. He listened transfixed as the women read their position paper. All the while, the women continued to sit, cry and pray at the airfield. When the peace talks commenced in Akosombo in Ghana, the women moved their mass action to Ghana, where they mobilised Liberian women from the Buduburam Refugee camp in Ghana to join the campaign. They continued their sit-ins on the lawns of the hotel in Akosombo where the peace talks took place and accosted the official delegates to the talks (Government of Liberia, rebel leader, ECOWAS officials and other dignitaries) with their position paper.

284 444

Overview

MODULE 7 MODULE 7

CASE STUDY

Their tactics varied from demonstrations to media interviews, to issuing of position statements, and when the peace talks reached a stalemate with rebel leaders threatening to work out, the women took the radical step of bodily barricading the entrance/exit to prevent any of the delegates from leaving the hall before an agreement was attained. The drive for these actions came from their shared goal peace in their beloved country, Liberia. Not wavering in their determination to see that peace was restored, the women remained in Ghana for the duration of the peace talks, and after a while, also began to lobby to have their representatives participate in the talks. To the chagrin of the military officials at the talks (who were not accustomed to having women present in tactical meetings or briefings) some of the mediators and organisers supported the womens demands and insisted that women should be part of the key meetings. It was on this ground that women were included in the peace talks. The mass action for peace lasted for nine (9) months. At the end of the peace talks the women returned to Liberia and collaborated with the transitional government which was put in place. Source: WIPSEN AFRICAS FIELDGUIDE

The Mano River Women Peace Network (MARWOPNET)


Womens organising at the grassroots level often lays the groundwork for organising across borders in subregions and internationally. For instance The Mano River Union Womens Network for Peace, which has members from Sierra Leone, Guinea, and Liberia, brought together high-level women from established political networks as well as grassroots women, and together sought ways to end the fighting that had debilitated their three countries. In 2002, the three presidents of the MRU Basin, Lansanah Conteh of Guinea, Charles Taylor of Liberia and Ahmed Tejan Kaba of Sierra Leone, were refusing to meet and discuss the worsening security situation in the sub-region; however, the womens networks, through shuttle diplomacy, were pivotal in getting negotiations started between the heads of the three Mano River countries. (Progress of the Worlds Women 2002, Vol. 1) Sierra Leonean Women and the peace process From the early days of the war, women in rural and urban centres mobilised to protest the atrocities and called for peace. In May 2000, when the Revolutionary United Front of Sierra Leone (RUF/SL) flouted the 1999 Lom accords, a group of elderly women came together and demanded a meeting with Sankoh, the RUF leader. When they arrived at the RUF compound, they were mistreated and insulted. Frustrated, the women tried a different tactic--they collectively hitched up their skirts, bent over, and bared themselves to Sankoh and his coterie. In Sierra Leone, such an action by women is the worst curse that can be brought upon anyone. The news had a galvanising effect on Sierra Leoneans who had an obligation to uphold the womens honour and support the cause. But the womens actions also gave people the courage to stand up to the RUF.

MODULE 7 285

MODULE 7 Session 1 000

CASE STUDY

Coinciding with the arrival of the new UN mission and British Special Forces, the womens protest and subsequent public demonstrations were pivotal in the struggle for peace, culminating in Sankohs arrest. Also, women as individuals and groups were integral to re-integrating former combatants, particularly those excluded from official programmes. Community women provided guidance, shared training and education by providing child care, clothes and food. Womens organisations also provided models for many of the female excombatants. (Inclusive security: Women Waging Peace. www.womenwagingpeace.net)

Case Study on Domestic Violence in Ghana


Pregnant Abena was sitting on a bench at the offices of the Domestic Violence and Victims Support Unit (DOVVSU) with a swollen eye. From her facial expression one could read that she was in great pains. She was immediately invited to see an official and her mission was simple. She had been assaulted by her husband the previous night because the result of the CT SCAN she had confirmed she was going to have another girl. This was against the mans wish as he was looking for a boy. This is just one of the numerous cases of domestic violence in most parts of West Africa.

MODULE 7 286

MODULE 7 Session 1 000

Module
EARLY WARNING AND RESPONSE

287

MODULE 8 287

EARLY WARNING AND RESPONSE IN WEST AFRICA


OVERVIEW The challenge posed by the threat of violent and armed conflicts in West Africa remains a critical factor for sub-regional stability, peace and economic development. Over the last fifteen years, ECOWAS has grappled with a plethora of conflicts which have sapped enormous energy and resources meant for economic development and sub-regional integration. The aim of this module is to provide participants with conceptual framework for understanding early warning and response mechanism and to expose them to different early warning systems. It also examines practical suggestions on how to establish early warning systems at community and national levels. initiatives and strengthen the existing collective interventions already in place in Liberia, Ghana, and Sierra Leone. With 12 national networks and over 450 member organisations, WANEP is the largest peacebuilding network in Africa. WANEP has functional and effective networks in the following countries: Benin, Burkina Faso, Cote dIvoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Nigeria, Senegal, Sierra Leone and Togo. Vision: WANEP envisions a West Africa region characterised by just and peaceful communities where the dignity of the human person is paramount and where the people can meet their basic human needs and decide their own direction. Mission: WANEPs Mission is to enable and facilitate the development of mechanisms for cooperation among civil society-based peacebuilding practitioners and organisations in West Africa by promoting cooperative responses to violent conflicts; providing the structure through which these practitioners and institutions will regularly exchange experience and information on issues of peacebuilding, conflict transformation, social, religious and political reconciliation; and promoting West Africas social cultural values as resources for peacebuilding. ACKNOWLEDGEMENTS This module was developed by the

Objectives

The objectives of this module are to: Expose participants to the various concepts of early warning; Make participants to understand key reporting formats of an early warning system; Introduce participants to the ECOWAS early warning system; Equip participants with the skills on how to establish an early warning system at community and national levels.

Brief Profile of Module Developer: West Africa Network for Peacebuilding (WANEP) The West Africa Network for Peacebuilding (WANEP) was established in September 1998 as a civil society mechanism to harness peacebuilding

West African Network for Peacebuilding Touray

Lead Developers: Constant Gnacadja and Murtala Contributor: Takwa Z. Suifon

288

MODULE 8

INTRODUCTION
Early Warning Systems (EWS) have been integral component of mitigating or preventing violent conflicts or natural disasters. It is rather impossible to prevent something from happening without having prior knowledge or information about its potential occurrence. Although an EWS does not by itself automatically prevent conflict or natural disaster from happening, it provides vital information to decision-makers, CSOs and other critical stakeholders to act in time in order to mitigate or minimise the consequences on a given population. Thus, it is indispensable to know when, why and where a conflict will erupt for the application of a prevention regime. The challenges posed by the threat of violent and armed conflicts in West Africa remain a critical factor for sub-regional stability, peace and economic development. Over the last 15 years, ECOWAS has grappled with a plethora of conflicts which have sapped enormous vital resources which could have been invested in economic development and sub-regional integration. Prolonged civil war in Liberia (1989-2003) and Sierra Leone (1990-2001), military disturbances in Guinea Bissau (19971998, 2004-2005) and the armed rebellion in Cote dIvoire (2002-2007), the Casamance rebellion in southern Senegal, militant unrest in the Niger Delta of Nigeria, have wrought incalculable suffering on the citizens of these countries and their neighbours causing a major set-back to economic and social development. The need for a paradigm shift from reaction to prevention of violent conflicts in West Africa is selfevident in the sense that prevention costs less in terms of loss of human lives, destruction of valuable properties and others. The Economic Community of West African States (ECOWAS) has in recent years embarked on concrete programmes and activities aimed at rendering functional its subregional EWS for the purpose of eliciting early response to violent conflicts in West Africa. On December 10, 1999 in Lom, Togo, the Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security (otherwise known as the Mechanism) was signed. Chapter IV of the protocol established an EWS that would detect, monitor and analyse signs of threats or breakdown within or between member states (conflict indicators) in accordance with Article 58 of the ECOWAS Revised Treaty of 1993. It is believed that with reliable and evidence-based early warning reporting, ECOWAS, and the rest of the international community would mobilise prompt and adequate responses to imminent or ongoing conflicts and other threats to sub-regional peace and security.

MODULE 8 289

E a r l y Wa r n i n g a n d R e s p o n s e

000 MODULE 8

OVERVIEW OF SESSIONS
EARLY WARNING AND RESPONSE IN WEST AFRICA Content/Sessions Materials Required
Flip chart and marker

Methodology
Mini lecture, plenary and group work

Duration
15 Minutes

What is an EWS? Different types of early warning Indicators of an EWS

Illustrative indicator framework

Flip chart & markers

plenary, mini lecture

15Minutes

Different types of Early Warning Report Incidental Reports Situation Reports Special Reports Flip chart & markers Flip chart & markers mini lecture Mini Lecture and Group Work 10 Minutes 10 Minutes Flip chart & markers plenary 20Minutes

Information Gathering Engendering an EWS Designing an Early Warning

Steps in an EWS ECOWAS EWS

Flip chart, markers and handout

Mini lecture

15 Minutes

Response Mechanisms Challenges of Early Warning and Response Flip chart & markers

Brainstorming, mini lecture Plenary, Mini lecture

20 Minutes

The role of CSOs in Early Warning and Response

Flip chart, Markers

15 Minutes

Cumulative Training Time

120 Minutes

290

MODULE 8

SESSION ONE

SESSION ONE

WHAT IS AN EARLY WARNING SYSTEM (EWS)?


To assist participants to understand the notion of an EWS and the different types of early warnings. Training Resources: Projector, Flip chart and markers. Duration: 15 Minutes. Facilitators Note 1. Ask participants to write their answers to the questions below; 2. Ask them to read it out to the group; 3. Write responses on flip chart. 4. Use it to introduce the topic: What is early warning? What do we monitor? Why do we monitor? Who is capable of monitoring? Where do the monitors get their information? What are indicators? What do we mean by engendering early warning? Name one sub-regional, regional and international EWS? Name at least three challenges of an EWS?

Objective

MINI LECTURE: DEFINITION OF AN EWS What is an EWS?


There are various definitions of early warning. As its name indicates, early warning is about providing advance critical information on probable dangers or looming disaster in order to prevent or minimise the loss of lives and destruction of property. It has been defined as a systematic collection of data and interpretation of the data through an analytical process to produce a report for dissemination to key intervening actors both locally or internationally. As stated by Dmitrichev Andrei, early warning is an organisational procedure or mechanism for the structured and systematic collection and analysis of information, and the subsequent communication of results of this analysis to policy makers in a form that would be easily recognised and understood. In other words, early warning is about obtaining first-hand information and using that information to inform planned interventions in the prevention and mitigation of conflict. In practice, however, early warning is a term often used to describe a variety of activities that are not all strictly early warning, including conflict analysis, risk assessment and advocacy. While some systems belong to one

MODULE 8 291

E a r l y Wa r n i n g a n d R e s p o n s e

000

MODULE 8

sector alone such as conflict analysis, others cut across sectors such as conflict analysis and monitoring, data analysis, risk assessment and response. An example of a cross-cutting warning system is the case of the ECOWAS Early Warning Network (ECOWARN). Three main goals underpin an EWS. The first is to identify the causes of conflict, the second is to predict the outbreak of conflict and, the third is to prevent or mitigate the conflict. The last of these goals is the most important concern of an EWS.

An Effective Early Warning System (EWS) must:

Make information available for both local and international response; Be consistent in providing resources; Be designed and institutionalised in such a way as to mobilise routine official and community responses; Provide adequate information on specific crises situations where the tensions are evident; Be sustainable, credible and reliable.

EWS has been in existence since the 1950s. The origins of its modern forms can be found in military strategic intelligence gathering to predict an attack and for the purposes of forecasting humanitarian and natural disasters such as drought and famine. The food crisis of the 1980s, the notion of famine predictions and early warning of imminent hunger strongly underscored the importance of early warning mechanisms. Today, there are different types of EWS in operation. Their establishment is determined by several factors including finance, end-use and scope. They serve several purposes some of which are to enhance the ability of policy and decision makers to make strategic decisions on the basis of improved knowledge of the environment of operations, weigh options available for response or action and finally, examine the implications of each decision or option made. The idea is not just to give flash warnings, but more important is the analysis of the situations in order to reduce the risk or tendency to make ambiguous decisions in a constantly changing environment. An EWS is more than the flow of information and reports from those on the ground regarding highly visible or rapidly escalating crises; it should also provide reliable analyses that identify latent or lowlevel conflicts or instabilities before they attract international media attention, when there is still time for investing in appropriate structural development and building conflict management capacity. Reliable early warning provide adequate time to prepare for short-term containment and relief strategies. Early warning is also useful for designing and building support for the implementation of longer term proactive strategies and development programs to reduce the likelihood of future disasters.

What Do We Warn About?

Unlike early warning regarding cyclones, hurricanes, tsunamis, earthquakes, droughts and other natural disasters, providing warning about issues that can bring about violent and armed conflict can be very challenging due to the amorphous and ever-changing nature of conflict itself. The causes of conflict are multidimensional and complex, making their predictability somewhat difficult. Causes of conflict vary from one community to the other; and conflict at the community level can spread nationwide. What an organisation warns about is determined by its mandates, area of operation, target groups, beneficiaries and response capacity, amongst others. An organisation can warn about the degeneration of community-based social values, religious and ethnic intolerance, rising xenophobia, increase crime rate, incidence of gun-related violence, increase rate of youths drop-out in school, high rate of unemployed youths, widespread domestic violence, massive human rights violation by government, marginalisation of a particular ethnic or social group: the list goes on.

292 444

E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8 MODULE 8

An organisation working towards improving the lives of women may be interested in setting up an EWS to monitor incidence of domestic violence, school admission rate of the girl child, the number of women in top positions etc. Information and data gathered would be used for informed intervention or the design of projects to address the anomalies.

Facilitators' Note: Facilitator should give mini lecture on the types of Early Warning Systems At the end of the mini lecture, divide the group into 3

Group Work: Early Warning

Group 1 should work on the advantages and disadvantages of Qualitative Group 2 should work on the advantages and disadvantages of Quantitative Group 3 should work on the advantages and disadvantages of Hybrid and Network * Present findings in Plenary to gauge understanding of the systems

MINI LECTURE: DIFFERENT TYPES OF EARLY WARNING SYSTEMS


Generally, EWSs can be categorised on the basis of the methodology they use to convey their findings. All the systems broadly fall into either one or more of the following four methodological categories: qualitative, quantitative, a hybrid of quantitative and qualitative and the networks.

Qualitative

Qualitative EWS, also known as the narrative-based system, uses analytical reports to provide information about ongoing situations in affected or targeted areas. The International Crisis Group (ICG) is an example of a qualitative reporting system. Previously, the WARN programme of WANEP was largely based on qualitative reporting. The qualitative system does not store information on a database but rather relies on the ability of the analyst to provide insightful, reliable and informative analysis of a given situation. This system is most commonly in use by organisations with low budget. The only resource needed in this system is qualified individuals with good analytical and writing skills. Qualitative methodology relies entirely on the perception and analysis of the monitor or reporter to provide a narrative that reflects the reality on the ground. Therefore, findings derived from qualitative methods may sometimes be dismissed as subjective if adequate care is not taken in the gathering and presenting the information. Narrative report of an EWS should strive to be factual and devoid of the sentiments of the reporters as well as unsubstantiated information.

Quantitative

Quantitative EWS depends largely on numerical data and graphs, charts, and other statistical formats to present information. The statistical data are outputs of accumulated information over time (for instance, ECOWARN, CEWARN, etc). Quantitative systems are not common because of the high cost and technical expertise involved in setting them up. Most CSOs, much less CBOs, in the developing world can hardly afford a quantitative EWS. For most of them regular electricity supply and personal computers required for sustained quantitative analyses are luxuries beyond their reach. Though the outputs of quantitative reporting system are considered as being objective, there is also the risk of subjectivity by monitors or reporters. If unreliable sources are used for the provision of information, then the quantitative data would not be a true reflection of the reality. Thus, the anticipated response will be misguided and badly informed without the desired impact or results.

Qualitative and Quantitative

In order to reduce subjectivity, some systems employ a combination of both numerical data reports and narrative-based reports of the situation on the ground. The findings of both systems seek to complement one another and produce highly reliable and verifiable information. MO E E 8 293 D U L S 1 000 E a r l y Wa r n i n g a n d R e s p o n sMODULE 8 e

Many organisations can hardly afford having a combination of the two systems due to cost and resource implications. Only a few large organisations such as the UN system, ECOWARN, and the African Union Continental EWS employ this hybrid system.

Networks

Strictly speaking, a Network is not a formal EWS; however, networks play a contributive role in warning about conflicts. These networks cooperate with one another to share field reports and information from NGOs and inter-governmental agencies. There are various forms of networks ranging from the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) to Humanitarian EWS (HEWS). These networks require some type of central coordination and have the advantage of being more cost effective than conducting repetitive field studies. They continue to offer the greatest chances for bridging the divide between the private and public sectors. Further examples of these networks are the Forum on Early Warning and Early Response (FEWER) based in London, the Human Rights Information and Documentation System (HURIDOCS), the Network for Ethnological Monitoring and Early Warning (EAWARN) and the ECOWARN.

SESSION TWO
Objective

SESSION TWO

INDICATORS AND EARLY WARNING SYSTEM (EWS)


To raise awareness in participants on the different indicators of an EWS. Training Resources: Flip Chart and markers. Duration: 15 minutes Methodology: Mini Lecture Facilitators Note: 1. Ask participants in a plenary to state what they understand by indicators; 2. Use responses teach mini lectures.

MINI LECTURE: INDICATORS OF AN EARLY WARNING SYSTEM (EWS)

What are indicators in Conflict Early Warning System (EWS)


Indicators are standardised parameters set to monitor a trend or pattern of a phenomenon. There are different types of indicators. They can be presented in figures or groups of figures or words to gauge changes in political and economic conditions of a country or group over time.

EXAMPLES:

crime rates among certain groups; trends in unemployment; negative attitudes; forms of expression; political association. E a r l y Wa r n i n g a n d R e s p o n s e MODULE 8 MODULE 8

444 294

For the purpose of this module, two types of indicators will be considered namely: structural and behavioural data. Structural data monitor elements such as weight, an attribute of a person, while behavioural data may examine elements such as the relevant behaviour of the person, for example eating (type and amount of food) or exercise (frequency and intensity), and related events such as illnesses or accidents. Basic structural data of a country may include the following:

These structural attributes are measured for the most part on a country-year basis or unit of analysis, such as GDP/capita for Nigeria 2004 or civil rights rating for Ghana for 2003. Behavioural or events data represent episodic phenomena in the form of incident reports or situation reports. Both reports focus on observable, changing phenomena as opposed to the structural attributes that characterised an entity. Both behavioural and structural data are required to conduct diagnostic assessments about the behavior being observed. Field reporting mostly provides behavioural data at certain intervals or periods.

Social (e.g. population, density, ethnic diversity); Economic (e.g. GDP, imports, exports, commodity prices); Political (e.g. institutions to safeguard civil rights, political liberties); Environmental (e.g. rainfall, natural resources);

MINI LECTURE: ILLUSTRATIVE INDICATOR FRAMEWORKS

APRM (African Peer Review Mechanism) Democracy and Political Governance; Economic Governance and Management; Corporate Governance; Socio-Economic Development.

OCHA (Office for the Coordination of Humanitarian Affairs)

ECOWAS-ECOMOG Cease-Fire Monitoring Group Missions

Socio-Economic Conditions (mainly structural); State and Institutions; Regional/international dimensions; Security; Public discourse, ideological factors and elite behaviour; Human rights and civil liberties; Actors.

Observation and Monitoring; Peace-keeping and restoration of peace; Humanitarian intervention in support of humanitarian disaster; Enforcement of sanctions including embargos; Preventive deployment; Peace building, disarmament and demobilisation; Policing activities;

444 295

E a r l y Wa r n i n g a n d R e s p o n s e

M MODULE 8 8 ODULE

ECOWAS Early Warning Mechanism Conditions for Applications:

Aggression or conflict in any Member State, or threat of such aggression or conflict; Conflict between two or several Member States; Internal conflict that threatens to trigger a humanitarian disaster; Internal conflict that poses threat to peace and security in the sub-region; Serious and massive violations of human rights and the rule of law; An overthrow or attempted overthrow of a democratically-elected government.

Areas of Focus: Armed Forces, the Police and Security Forces; Corruption and Money Laundering; Education, Culture and Religion; Elections and Institutional Capacity for Peace-Building; Humanitarian Disasters and Assistance.

The indicators can be designed to be gender-sensitive, qualitative and/or quantitative. For instance, a gender sensitive indicator can be defined as an indicator that captures gender related changes in society over time. Indicators can offer some of the differential impacts of initiatives on women and men. For instance asking how many peace negotiators were women, or voting rates of women and men, or the male/female ratio of a group of displaced people can offer insights into gender differences and the varying impact of a project on women and men. Establishing indicators for a EWS can be very challenging and time-consuming. There are several aspects and parameters to be taken into consideration such as the objectives of the EWS, its goals, its area of operation, its resources and its reporting formats.

296 D U L S 1 MO E E 8

MODULE 8 000 E a r l y Wa r n i n g a n d R e s p o n s e

SESSION THREE

SESSION THREE

DIFFERENT TYPES OF EARLY WARNING REPORTS


To expose participants to the main types of early warning reports.

Objective

Training Resources:

Flip chart and markers, Handout (Sample copy of ECOWARN situation reporting format). Duration: 20 Minutes. Methodology: Mini lecture and plenary.

Facilitators Note:

Ask participants to critique the sample copy of incident and situation report at the end of the mini lecture. * Distribute handouts of different reports to the participant or ask participant to turn and study the samples of reports in the handout section

MINI LECTURE: DIFFERENT TYPES OF EARLY WARNING REPORTS 1. Different Types of Early Warning Reports
For the purposes of conflict prevention or mitigation, early warning report is a product of the findings of the monitor or reporter on the field. The report can be in a narrative or graphic form depending on the system used. The report is a communication of imminent risk with the view of mobilising action. It identifies the likelihood for violent conflicts in the near future. There are two main types of reports and several other special reports. The two main types are Incident Report and Situation Report. Special reports include but are not limited to:

2. Incident Report

Monthly Risk Assessment Report; Quarterly Risk Assessment Report; Policy Briefs; Strategic Conflict and Peace Assessment (SCONPA).

Incident reports (IncRep) are episodic reports on a given set of parameters triggered by the occurrence of phenomena, typically associated with violence or some other impact of significance. Thus an IncRep offers information on standardised parameters of an incident, also referred to as an event. It must specifically answer the following questions of an event:

444

E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8

297

MODULE 8

In an EWS, a series of Incident Reports contribute towards providing information for a Situation Report. Within the ECOWARN framework, the incidents reports collected over the week feed into the weekly situation report prepared by the monitors.

What happened? Where did it happen? Who were involved (i.e. the victim and the perpetrator)? When did it happen? What are the obvious consequences? What could happen in the future as a result of this incident or event?

3. Situation Report

Situation Reports (SitReps) are regular, systematic observation covering a particular situation or Area of Reporting (AOR), over time to establish baseline activity levels. These baselines are used to monitor peaceful situations through their transitions into volatility and possible conflicts. One purpose of establishing baselines is to identify inflections in signals of imminent instability, violence or other undesirable outcome before they have had a chance to escalate, thereby facilitating preventive measures. Situation reporting, thus, is a key (but not the only) aspect of the peace monitoring process (See sample ECOWARN situation report format).

What are Situation Reports? They are regular, systematic observation covering a particular situation or an area of reporting over time to establish baseline activity levels.

Sample questions of a SitRep of OCHA are as follows, depending on the context and objectives of the EWS in place: Under Small Arms

Are small arms/other weapons more visible on the streets, and /or cached systematically? Is there widespread distribution of weapons of war among civilians? Are stockpiles of small arms insecure e.g. poorly guarded Has the price of weapons dropped substantially? Are there reports that private arms brokers/traffickers are operating in the area?

Under Safety Is there a widespread sense of physical insecurity? Is there forced expulsion or repression of certain population groups? Are clashes with the governing regime increasing?

There could be several themes with various questions to respond to so as to determine the overall situation of a given place under monitoring. Questions are generally open-ended with provisions for comments to allow the monitors more flexibility to report on the situation.

4. Special Report

Depending on the goal of EWS in place, several special reports could be produced in order to put the situations into perspective. WANEP has been producing the following special reports in order to bring attention to specific regional problems that have the potential of degenerating into a large-scale conflict. SCONPA Strategic Conflict and Peace Assessment is a long-term assessment of a society to determine its risks and opportunity.

298 E E 8 M O D UL S 1

MODULE 8 000 E a r l y Wa r n i n g a n d R e s p o n s e

This considers the peace-generating and conflict-generating factors and analyses the dynamics This considers the peace-generating and conflict-generating factors and analyses the dynamics between them. between them. It reviews the accelerating and constraining factors, maps the stakeholders and analyses them, It reviews the accelerating and constraining factors, maps the stakeholders and analyses them, Maps the scenario variables and fleshes out best, worst, realistic and desirable scenarios, Maps the scenario variables and fleshes out best, worst, realistic and desirable scenarios, Suggests policy directors. Suggests policy directors.

SCONPA can be described as a specialised report of a Situation Report. It looks at the situation of a particular SCONPA can be described as a specialised report of a Situation Report. It looks at the situation of a particular country in a holistic manner in order to assess the countrys vulnerabilities to conflict in the long-term. country in a holistic manner in order to assess the countrys vulnerabilities to conflict in the long-term.

Policy Briefs Policy Briefs

Policy Briefs are short reports that focus on proposed or ongoing policy responses to a conflict situation. It Policy Briefs are short reports that focus on proposed or ongoing policy responses to a conflict situation. It begins with the perspective of the conflict and various ongoing policy responses and ends by focusing on the begins with the perspective of the conflict and various ongoing policy responses and ends by focusing on the particular problem it intends to discuss and generate policy options around or the particular policy response. particular problem it intends to discuss and generate policy options around or the particular policy response. The second section looks at the dynamic process of the conflict by analysing the salient indicators especially The second section looks at the dynamic process of the conflict by analysing the salient indicators especially those relevant to the problem it wants to discuss; it also analyses the stakeholders critical to the particular those relevant to the problem it wants to discuss; it also analyses the stakeholders critical to the particular problem, build scenarios and propose options for policy makers. problem, build scenarios and propose options for policy makers. ..

SESSION FOUR SESSION FOUR


INFORMATION GATHERING INFORMATION GATHERING Objective Objective

SESSION FOUR

To sensitise the group on how to gather information for an early warning report. To sensitise the group on how to gather information for an early warning report. Training Resources: Flip chart, markers. Training Resources: Flip chart, markers. Duration: 10 Minutes. Duration: 10 Minutes. Methodology: Mini lecture. Methodology: Mini lecture. Facilitators Note: Facilitators Note: 1. Ask participants to form 3 groups; 1. Ask participants to form 3 groups; 2. Ask participants to provide relevant information which they have read from the internet or heard 2. Ask participants to provide relevant information which they have read from the internet or heard from the radio that could serve as early warning information. from the radio that could serve as early warning information.

MINI LECTURE: INFORMATION GATHERING MINI LECTURE: INFORMATION GATHERING


Information gathered should be: Information gathered should be:


299 444 444

Reliable Reliable Verifiable Verifiable Timely and Timely and Gender-sensitive Gender-sensitive E a y Wa n n g a n d R e s p o n s e E a rrlly Wa rrn iin g a n d R e s p o n s e MODULE MODULE 8 M O D U L E 88

In an EWS, raw data needs to be gathered through various means and from diverse sources from which analysis is done in order to make an informed and considered evaluation and judgement of the situation for possible action recommendations. Information gathered should be reliable, verifiable, timely as well as gender-sensitive. Basically, there are two main types of sources of information: open-source and classified (otherwise called intelligence) source.

Information gathered should be: Reliable Verifiable Timely and Gender-sensitive

Open-source materials are, as the name implies is accessible to the public. This includes newspapers, the Internet, audio and audio-visual news, word-of-mouth, government documents etc. Classified sources are types information that are not accessible to the public and only restricted to a particular entity. Access to such materials without prior authorisation can be a criminal offence. Though classified sources holds invaluable information and data that could serve very useful purposes for early warning, their use must be discouraged in any EWS established by non-state actors to prevent endangering the lives of the field monitors. In fact, the big difference between early warning and state-centric intelligence is mainly the source of information. Early warning monitors are not spies; thus, they are not trained and mandated to probe for secret information withheld by government or other entities from the public. Below are some differences between early warning and intelligence:

Early Warning
Open Sources Unclassified Information is verifiable Human Security-centered Purpose is to prevent violence and ensure stability Monitors are not ordinary civilians and not spies.

Intelligence
Close Sources Classified Information is difficult to verify State Security-centered Purpose sometimes is destabilising or aiding it Agents are employees professional political spies aiming and at

state

Problems with information gathering The principal problem with information gathering is the risk of the informant being unreliable and distorted. With the geometric progression of technological innovations, there are multiple open-sources of information. There are also many false or distorted pieces of information with vested-interested. There is risk of people believing whatsoever is posted on the internet is factual and reliable. Gathering information from the internet should be done with caution and care. Equally, information gathered from newspaper, radio, television and others sources should be treated cautiously. Some news outlets or media houses tend to have biases and preferences. Monitor should be alert to these possibilities in order to provide reliable report. Another pitfall in information gathering is the grapevine. In a country under a dictatorship where access to information is censored, rumours become one of the mail sources of information. Though there may be some elements of truth in many rumours, the information should be presented as such. Rumours are not verifiable.. Efforts should not be spared in trying to corroborate news and other information. Unreliable and unverifiable information can lead to charges of libel or defamation in a court of law. The credibility of an organization will be instantly ruined if its reports are found to be fraught with false information and sensationalism. Crucial to use trained and competent field monitors to collect information. 444 300 E a r l y Wa r n i n g a n d R e s p o n s e MODULE 8 MODULE 8

Unreliable and unverifiable information can lead to charges of libel or defamation in a court of law. The credibility of an organisation will be instantly ruined if its reports are found to be fraught with false information and sensationalism. This is all the reason to hire competent and dedicated field monitors. Field Monitors Without field monitors, the collection of reliable data can be impossible. Field monitors are important in an EWS. They must be well-trained and remunerated in order for them to carry out their responsibilities efficiently. In selecting the field monitors, efforts must be made to ensure that the team of monitors is gender-sensitive and diverse. Monitors must be trustworthy and diligent as the information they are providing are the basis of the analytic reports and decisions. False information can discredit the whole system including the people involved in it. Monitors should be able to distinguish between speculation and factual reporting, subjectivity and objectivity, classified and unclassified information, alarmist and early warning. Use of Media as Monitors The central task of media houses is gathering and dissemination of information. The role of the media in providing critical information for early warning purposes is vital for the overall success of the system given that it depends on open-sources of information. Media houses as well as freelance journalists should be sensitised, trained and co-opted into the network of monitors. They should be trained to be sensitive and alert to information of human security interest. They should be made aware of the pitfalls of reporting that would compromise peace and stability. With such training and sensitisation, media reporting will contribute to facilitating the gathering of factual and reliable information that will make reports from the EWS trustworthy and indispensable.

SESSION FIVE
ENGENDERING EARLY WARNING Objective
To raise awareness in participants on how to mainstream gender into early warning reports Training Resources: Flip chart and Markers. Duration: 10 Minutes. Methodology: Mini Lecture. Facilitators Note: 1. In plenary: Ask participant to list the ways in which women can contribute to effective early warning. 2. Proceed with mini lecture on engendering early warning.

MINI LECTURE: ENGENDERING AN EWS


Gender refers to the socially constructed roles and responsibilities of women and men. It includes the expectations held about the characteristics, aptitudes and likely behaviours of both women and men (femininity and masculinity). These roles and expectations are learned, changeable over time and variable between cultures. 301 D U L S 1 MO E E 8 MODULE 8 E a r l y Wa r n i n g a n d R e s p o n s e 000

Mainstreaming is a strategy to support the goal of gender equality. It has two general dimensions: 1. The integration of gender equality concerns into the analyses and formulation of all policies, programs, and projects; 2. Initiatives to enable women as well as men to formulate and express their views and participate in decision making across all development issues
Gender position, on the other hand, refers to womens position in society vis--vis men: their relative power and status, their access and control over resources including decision making. Gender position analysis has led to an understanding of the institutionalised forms of discrimination against women in areas such as labour, land ownership, education, and eradication of violence against women. Because of current disparities, equal treatment of women and men is insufficient as a strategy for gender equality. Achieving gender equality will require changes in institutional practices and social relations though disparities are reinforced and sustained. It also requires a strong voice for women in shaping their societies in peace and in conflict.

A gender perspective has been absent from conflict analyses, conflict early warning and preventive response systems. The transition from gender-blind indicators to gender sensitive analysis and transformative societies is critical to early warning and response, which is geared towards enhancing positive peace.
Incorporating gender sensitivity in the collection and analysis process of early warning makes existing models more comprehensive and allows for early early warning by anticipating macro-level conflicts through micro level events. An incorporation of micro level changes helps in the formulation of responses at a political and humanitarian level in order to address the vulnerabilities of men and women and assure that certain discriminatory policies are not perpetuated in post conflict situations. Early warning and preventive activities can be made more effective by utilising the untapped potential of women leaders, womens organisations and women networks as peace-builders.

Why are gender sensitive systems necessary?

The use of terms like people, refugees and internally displaced persons, downplays the inherent differences between the genders and the specificity of experiences and interests A gender-sensitive focus will increase the understanding of factors that lead to armed conflict and improve early warning analysis and the formulation of response options. Engendering early warning benefits women as well as ensures that the concerns of men and women are considered. It also provides an overall improvement in existing approaches of information collection, analysis and formulation of response options.

An EWS that is gender-sensitive will increase the understanding of factors that lead to armed conflict and improve early warning analysis and the formulation of response options.

Gender-sensitive systems provide a better understanding of unequal hierarchies, including gender hierarchies, inequality and oppression that exacerbate conflict in communities and societies.

The inclusion of women

At the micro-level, women are critical at the grassroots level where womens groups and organisations are active and in tune with what occurs in the community. Including communities in early warning exercises increases the likelihood that women are given a voice in effectively bridging the conflict divide by using their own social networks and different approaches to communication, negotiation and mediation. Recent conflicts have illustrated a shift from the ascribed roles given to women. Women are no longer just victims; they are now warriors and combatants. This proposes that a new lens be introduced to view the potential women bring to conflict and peace situations. Recent conflicts in many parts of the world have shown that women have extensive knowledge of, for example, rebel movements location, abuses of security forces of population, progress of warring forces, etc. This can be vital to early warning. For instance, at the micro level, women know when male members of their families are preparing for war or violence.

302

MODULE 8

SESSION SIX
DESIGNING AN EWS Objective

SESSION SIX

To expose participants to the systematic process of writing and designing an EWS. Training Materials: Flip chart and markers. Duration: 15 Minutes. Methodology: Mini lecture. Facilitators Note: 1. Tell participants that designing an early warning involves some key components; 2. Inform participants that these components include: -The information component; -The analysis component; -The reporting and action component; 3. Let all participants understand that a good EWS must be corroborated with an early response system; 4. Proceed to mini lecture.

MINI LECTURE: DESIGNING AN EWS


An EWS should have a systematic process of data collection (quantitative and/or qualitative), data analysis, an assessment for warning or identification of different scenarios in order to predict conflict, formulate an action proposal to move towards the mitigation of conflict, then transmit recommendations and assess the early response, which in turn feeds back into the formulation of action. In summary, the basic elements of an EWS should comprise the following key components: Information Component; Analysis Component; Reporting for Action Component. The information component deals generally with gathering and storing of vital information by dedicated field monitors. The analysis component treats the information gathered in order to bring out the salient points and establish whether there is a growing pattern or a possibility of an imminent danger. The information and analysis can only be useful if they are disseminated to the right actors. Thus, the reporting for action component is the framework that enables key stakeholders to have access to vital information for action before the conflict degenerates.

MODULE 8

E a r l y Wa r n i n g a n d R e s p o n s e

000

303

MODULE 8

STEPS OF EARLY WARNING SYSTEM (EWS)

EARLY WARNING WARNING SYSTEM (EWS) STEPS OF EARLY

EARLY RESPONSE

Selecting the Monitors and Analysts EARLY WARNING Selecting indicators Defining the the Monitors and Analysts Monitoring indicators Defining the indicators Issuing the warning Monitoring indicators Issuing the warning Communicating the the warning warning Communicating

Setting up the EARLY RESPONSE response committee Setting up the response committee Receiving the warning Receiving the warning Believing the warning Believing the warning Acting on the EW EW Acting on the Consistent supportsupport EWS EWS Consistent to the to the

The key players in early warning and and early response mechanism can be listed as follows: The key players in early warning early response mechanism can be listed as follows: 1. 1. Monitors or reporters; Monitors or reporters; Analysts; 2. Analysts; 2. Disseminators of the findings; 3. Disseminators of the findings; Generators of responsive actions. 4. Generators of responsive actions. As an illustration of a sub-regional early warning and early response mechanism, a summary of the ECOWARN system, is provided below. As an illustration of a sub-regional early warning and early response mechanism, a summary of the ECOWARN system, is provided below.

CONFLICT EARLY WARNING AND RESPONSE IN WEST AFRICA Below is the ECOWAS system known as ECOWARN. AFRICA CONFLICT EARLY WARNING AND RESPONSE IN WEST

Below is the ECOWAS system known as ECOWARN. ZONE 1 WANEP OFF


GAMBIA SENEGAL GUINEA BISSAU CAP VERDE BURKINA FASO COTE DVOIRE MALI NIGER LIBERIA SIERRA LEONE GUINEA GHANA BENIN TOGO NIGERIA
CAPITAL BANJUL

OBSERVATION AND MONITORING CENTRE/ WANEP LIASON OFFICER

ZONE 2 WANEP OFF

CAPITAL OUAGA

ZONE 3 WANEP OFF

CAPITAL MONROVIA

WACSOF

ZONE 4 WANEP OFF

CAPITAL COTONOU

304

MODULE 8

The ECOWARN system makes use of qualitative, quantitative and network methodologies to operationalise the system. This system is considered as the first of its kind on the African continent in the sense that it is the first time that governments and CSOs collaborated to establish a sub-regional EWS for the prevention of conflict. The system is set up in such a way that every member country of ECOWAS has a civil society monitor and a government official monitor who collect information on a day-to-day basis that is fed into an on-line database. First and foremost, within the implementation framework of the EWS, the ECOWAS sub-region is divided into four clusters of countries, each supervised by an ECOWAS Zonal Bureau. For cluster one, the ECOWAS Zonal Bureau is based in Banjul, The Gambia; Ouagadougou, Burkina Faso is for cluster two, Monrovia, Liberia is for cluster three and Cotonou, Benin is for cluster four (see the above diagram). Alongside the ECOWAS Zonal Bureaus, WANEP, responsible for the inputs of CSOs, established zonal coordination offices in all four of these capitals in order to interface with its ECOWAS counterpart. The network operates in such a way that the civil society and government field monitors feed in information into an on-line database with the help of a formatted report. There are two reporting format: the incident and the situation report. On a daily basis, field monitors closely follow events in their respective countries and gather valuable information for reporting. If an incident of importance takes place, the monitor reports it at once using the incident reporting format. At the end of the week, the monitors fill in the situation report form with the help of the information gathered throughout the week. The reports sent in by the monitors are accessible to a restricted group of people including the heads of the ECOWAS Zonal Bureaus and the WANEP Zonal Coordinators who are part of a large team of analysts supervising the monitors and put into perspectives the data gathered for reporting to decision-makers. At the zonal level, the ECOWAS head and WANEP Zonal Coordinator meet on a weekly basis to synthesise the reports of the field monitors. Their report is then dispatched to the Observation and Monitoring Centre (OMC) of the ECOWAS. Located at the ECOWAS headquarters, the OMC comprises a team of analysts and monitors including the WANEP liaison officer who processes the final analytical report that is sent to the ECOWAS highest decision-making bodies. Analysts at OMC produce every day the Daily Highlight report capturing humanitarian and security aspect in West Africa. The Daily Highlight is widely disseminated to all interested and concerned institutions, organisations and individuals. At WANEP, there is also the Peace Monitoring Centre that helps to gather and collate information for the production of policy briefs, SCONPA and other reports to help inform the whole system. ECOWARN is a demonstration of synergistic collaboration of civil society and governments in an attempt to mitigate conflict in West Africa.

305 E E 8 M O D UL S 1

MODULE 8 000 E a r l y Wa r n i n g a n d R e s p o n s e

SESSION SEVEN
RESPONSE MECHANISM

SESSION SEVEN

To teach participants on how responses are generated from early warnings. Training Materials: Flip chart, marker and handout (ECOWAS response mechanism). Duration: 20 Minutes. Methodology: Mini lecture, Group work. Facilitators Note: 1. Explain to participants that responses need to be developed at all levels; community, national and regional levels; 2. Let participants understand that for the West African region, the ECOWAS conflict prevention mechanism caters for response at the regional level; 3. Ask participants to indicate if they have an idea of the works of ECOWAS in conflict prevention; 4. Write all responses on a flip chart; 5. Proceed with the challenges of early warning and response; 6. Give participants some few minutes for the brainstorming exercise on early warning and response; 7. Use the ECOWAS warning and response mechanism chart to clarify any doubts.

Objective

MINI LECTURE: RESPONSE MECHANISM


Early warning needs a response mechanism to be complete. There is a need to establish response mechanism at community, national and regional levels in order to deal with potential conflict or threat to social order.

Community level

At the community level, there is need to establish a committee having representatives of key actors from the following critical groups: CBOs, other Non-Governmental Organisations (NGOs), opinion and religious leaders, womens groups, faith-based groups, youth groups and local authorities. The mandates and responsibilities of the committee should be clearly defined with regards to steps and procedures to employ in responding to potential conflict. There should be in place a well-defined plan of actions and a clear strategy as to how resources could be generated in time of need. A periodic meeting of the committee, either on a fortnightly, monthly or quarterly basis, should be instituted to review findings of reports in order to envisage the possibilities of a timely intervention.

444 306

E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8 MODULE 8

It will be strategic for community structures set up as response mechanisms to be affiliated to the national structure for disaster and conflict management in the event where the community structure can no longer deal adequately and resolutely with an increasingly difficult problem due to either lack of capacity, expertise or resources. The role of the Liberian women in bringing peace to Liberia is a very salient example of community response. It is the campaign and efforts of Liberian women that forced the men to finally sign the peace accord in Ghana.

National level

At the national level, structures often exist for disaster management without any specific attention to potential conflict. A national disaster management plan should dedicate a whole component to response mechanism to conflict at different level. EWSs in place should be structured in such a way that information from the field could inform the national disaster management committee. Key actors and important institutions at national level, such as the central government, diplomatic representations, NGOs and CSOs, international organisations, parliamentarians, and the UN System, should be identified and their roles clearly spelt out in the event of a response. Furthermore, different response structures at community level should form part of the national web for a holistic approach to response. Then, the key issue at national level will be coordination. Where there are several key players, it can be difficult at times to have a unified response. At this level as well, periodic meetings of the main players should be instituted in order to continually monitor potential situations and weigh various options for intervention.

Regional level

With a robust community and national response mechanism, a regional response mechanism can only complement those efforts in place locally rather than supplement them. Regional response mechanism is nonetheless very vital especially in trying to curb cross-border conflict. For instance, it took the intervention of the ECOWAS Monitoring Group (ECOMOG) to bring about a cessation of cross-border civil wars that ravaged both Liberia and Sierra Leone. On the other hand, as a result of a lack of a timely coordinated regional and international response, the ethnic conflict in Rwanda degenerated into genocide. Thus, at regional level, the response mechanism can be very bureaucratic and slow as it concerns the movement of huge logistics and resources by the international community and other regional bodies. In West Africa, at the start of the new millennium, ECOWAS started working to establish a sub-regional response mechanism by establishing an Observation and Monitoring Centre for early warning purposes, the Mediation and Security Council comprising nine Heads of State and Government of Member States, the Defence and Security Commission, the Council of Elders and the ECOWAS Standby Forces. This structure is meant to forestall any conflict that has the potential of assuming sub-regional dimension.

The Challenges of Early Warning and Response


As stated earlier, an early warning without an effective response is reduced to a mere academic exercise and has no humanitarian value. In establishing an EWS, it should be borne in mind that there are several challenges. Some of these are as follows: Limited Resources: The inadequate financial and human resources to undertake an EWS will undermine its efficiency and sustainability. For instance, the WARN of WANEP as a program did not have any significant

M O D UL S 1 E E 8 307

000 E a r l y Wa r n i n g a n d R e s p o n s e MODULE 8

budgetary allocation. Most initiatives were ad hoc, borne out of the professional commitment. Lack of financial resources has impeded WARN from making use of trained monitors as volunteering levels have been abused. Besides, setting up a quantitative system requires financial and material resources. This cannot be fully established in an organisation with little or no resources. Security Context/Risk Management: Given the very nature of early warning and the continuous misperception of early warning as intelligence reports, the risk posed to the monitors and analysts is enormous especially in a region that still has some of the worlds worst dictatorial regimes. Political early warning therefore remains a challenge. Skepticism: There is a lot of skepticism as to whether early warning is effective in preventing conflict. Decision-makers sometimes erroneously consider early warning as prophesy. In other words, whatever is forecast should come to pass. Inertia: The delay in response to a given potential conflict can put into question the necessity of an EWS. For the international community, they will rather act when a conflict has gained international media attention since that is the time donors are willing to part with money. The issue of seeing is believing is hampering the effectiveness of response mechanism. BRAINSTORMING EXERCISE Early warning and response - Make suggestions for establishing response mechanisms at the three levels. - What are the possible constraints? The illustration on the next page depicts the ECOWAS early warning and conflict prevention structure in place to address the pervasive unrest and violent conflicts across West Africa. As a brief background, ECOWAS was primarily set up to promote regional economic integration. As a direct consequence of the endemic regional instability, ECOWAS has redirected its attention towards conflict transformation and peace promotion. In order to establish a legal framework for its mandates and interventions, ECOWAS ratified a couple of protocols and conventions among which are the Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security signed in Lome, Togo and the Supplementary Protocol on Democracy and Good Governance. In order to be more effective and efficient, the ECOWAS Secretariat was transformed into commissions and departments. Currently, under the Department of Political Affairs, Peace and Security (DPAPS), there are the Early Warning Unit, the Conflict Prevention Unit, the Small Arms Unit, and the Electoral Assistance Unit. The Department works closely with other areas such as the Council of the Wise, the ECOWAS Standby Force and others to promote regional stability and peace in West Africa.

The ECOWAS Department of Political Affairs, Peace and Security (DPAPS), is made up of: Early Warning Unit, The Conflict Prevention Unit, The Small Arms Unit, and The Electoral Assistance Unit.

ECOWAS has registered successes in mitigating and preventing conflicts in West Africa. The recent case in point is the ECOWAS intervention in the January 2007 Guinean crisis which could have left scores of people dead.

308 444

E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8 MODULE 8

Authority (Heads of state)

Response

Defence and Security Commission (Military)

Medication and Security Council Executive Commission (Provides responses to peace, Conflict and Developement Issues)

ECOWAS Standby Force (formerly ECOMOG)

Council of Elders (Political, mediation, diplomacy)

Early Warning Department

Zone INGOs Think Tanks, UN, Ascademic institutions

Zone

Zone

Zone INGOs Think Tanks, UN, Ascademic institutions

CSOs

CSOs

CSOs

CSOs

Institutions Organs

309 M O D UL S 1 E E 8

MODULE 8 E a r l y Wa r n i n g a n d R e s p o n s e 000

SESSION EIGHT

SESSION EIGHT

THE ROLE OF CSOs IN EARLY WARNING AND RESPONSE


To help participants reflect on the critical role of CSOs in conflict prevention and early warning. Training Resources: Flip Chart and markers. Duration: 15 minutes Methodology: Lecture, Group work. Facilitators Note: 1. Begin by asking participants the role of CSOs in conflict prevention; 2. Write down all responses on a flip chart; 3. Press on by asking them to identify impediments to the contributions of CSOs in conflict prevention and early warning; 4. Write all responses on a flip chart; 5. Verify from participants what can be done to improve upon the contribution of CSOs in conflict prevention and early warning; 6. Proceed with the mini lecture below on the role of CSOs in conflict prevention.

Objective

MINI LECTURE: ROLE OF CIVIL SOCIETY ORGANISATIONS IN EARLY WARNING AND EARLY RESPONSE
Under Resolution 1652 (2005), the UN called on the civil society to increase their role in the prevention of conflicts across the globe. This call is informed by the successes registered by the active participation of civil society in mitigating conflict around the world. Considering that CSOs closely follow events as they unfold, and are close to the people on the ground, they make important contributions towards early warning and conflict prevention. CSOs normally act swiftly and flexibly to respond to conditions as needed, often using innovative and non-coercive strategies and quality processes to address problems and can act when, for various reasons, official actors are immobilised. CBOs are also critical stakeholders in the promotion of peace and the collection of early warning data. CBOs are generally made up of the residents of the area who have local knowledge of, and insight into, the underlying problems and tensions in their localities. Thus, CBOs should be included in any national or community-based early warning initiative in the entire structure: the information, analysis and response.

444

E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8

310

MODULE 8

To illustrate the contribution of a CSO in a regional EWS, the current role of WANEP is presented. WANEP has been chosen by ECOWAS to implement the current sub-regional early warning process. The reasons for selecting WANEP could be summarised as follows:

WANEPs history, experience and track record in peacebuilding, its implantation on the ground, and its vision for West Africa - a vision that resonated well with that of ECOWAS; In the nine years since its creation, WANEP has emerged as the largest civil society peacebuilding organisation with strong community-based networks of over 400 member organisations in 12 countries in West Africa. In other words, WANEP has the potential of providing civil society monitors across West Africa; In recent years, WANEP has gained experience in producing early warning and response reports. Furthermore, WANEP is currently a lead member in the international steering committee of the GPPAC process as West Africa convener.

CSOs are vital partners in the gathering and collection of information for the purposes of providing vital information to decision-makers in preventing and mitigating conflicts. CSOs have collaborated at regional and international levels with institutions like the UN, the African Union and the European Union, to name but a few. On the basis of their mandates and area of operation, CSOs can be classified as international or regional actors.

International Actors

International CSO actors are generally key allies in the mitigation of conflict and promotion of peace and stability. Instability is not only peculiar to West Africa or Africa but rather a global phenomenon. There are international organisations like GPPAC headquartered in the Netherlands, the International Action Network of Small Arms (IANSA), the International Red Cross and Red Crescent among others that work closely with regional, national and community organisations to realise their objectives.

Regional Actors

As there are many international actors so there are regional actors whose mandates are focused on the African continent. In West Africa, there is the West Africa Civil Society Forum (WACSOF), the West Africa Action Network on Small Arms (WAANSA), WANEP, and WACSI. Though these various organisations have different mandates, their overall objective is to bring about lasting and durable peace in West Africa in particular and the world at large.

M O D UL S 1 E E 8 311

000 E a r l y Wa r n i n g a n d R e s p o n s e MODULE 8

HANDOUTS

312 444 E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8 MODULE 8

Handouts 0.1
Outline of AN ECOWARN Incident Rapport Format
1. Name of Reporter: 2. Reporting Office: 3. Type of Incident: 4. Status of the Incident: 5. Place of Incident: 6. Precise Location (detailed address): 7. Date of Incident: 8. Time of Incident (Local): 9. Context of Incident: 10. Type of Weapons: 11. Interaction: 12. Veracity of the report: 13. Loss incurred by ECOWAS: 14. Personal property lost: 15. Perpetrator(s): 16. Victims: 17. Summary Description of the Incident:

313 M O D UL S 1 E E 8

MODULE 8 000 E a r l y Wa r n i n g a n d R e s p o n s e

Handouts 0.2 OUTLINE OF AN ECOWARN SITUATION REPORT FORMAT


Reporting Office Zone Reporter Report Date Somewhat Agree SA Dont Know ? Somewhat Disagree SD

Agree A Agriculture, Mining and Fishing 1. An outbreak of livestock diseases or death occurred Comment: 2. Raiding or theft of agricultural resources was evident or reported. Comment: 3. An increase in the price of livestock was evident or reported. Comment: Crime, Corruption and Safety 4. Increased use of personal security escorts was evident or reported Comment: 5. Armed groups or gangster operations were evident or reported. Comment: 6. Smuggling of goods and services or corruption by border officials was evident or reported. Comment: 314

Disagree D

MODULE 8

Agree A Economy, Trade and Manufacturing 7. Anti-labour policies or actions were evident or reported. Comment: 8. An increase in layoffs or plant closings was evident or reported. Comment: 9. Work stoppages were evident or reported Comment: 10. Hoarding of food or other critical commodity was evident or reported. Comment: 11. Economic strikes/boycotts or protest demonstrations were evident or reported. Comment: 12. An increased number of migrant labourers was evident or reported. Comment: 13. Markets, including mobile traders, remained active and were uninterrupted. Comment: 14. Complaints of inflation, taxes or unemployment were evident or reported. Comment: Agree A Governance, Political Action and the Law 15. A breach of the separation of powers was evident or reported. Comment: 16. Public demands for governmental accountability and transparency were evident or reported. 315 x x x x x x

Somewhat Agree SA

Dont Know ?

Somewhat Disagree SD

Disagree D

Somewhat Agree SA

Dont Know ?

Somewhat Disagree SD

Disagree D

MODULE 8

Comment: 17. Politicisation or nepotism in public administration was evident or reported. Comment: 18. Citizens apathy and disengagement or disaffection was evident or reported. Comment: 19. Exclusion, marginalisation or intimidation of political opponents or ethnic groups was evident or reported. Comment: 20. New government policies on movement of people are more restrictive and will have a negative impact. (if so, please explain) Comment 21. Abuse of power or misuse of public resources was evident or reported. Comment: Agree A 22. Demands for accountability and transparency were evident or reported. Comment: 23. Accusations or complaints over the conduct or outcomes of an election were evident or reported. Comment: 24. Public assemblies or demonstrations over the conduct or outcomes of an election were evident or reported. Comment: 25. A reversal of government obligations or commitments was evident or reported. Comment: 26. Local governance, including law enforcement and judicial systems, operated effectively and without 316 x x x x x Somewhat Agree SA Dont Know ? Somewhat Disagree SD Disagree D x x x x x

MODULE 8

Comment: 27. Electoral violence was evident or reported. Comment: 28. Dispossession of land ownership was evident or reported. Comment: 29. Use of the military to maintain civil order was evident or reported. Comment: Agree A Health, Education and Social Services 30. Education facilities remained accessible and uninterrupted. Comment: 31. A deterioration or interruption of heath and medical services was evident or reported. Comment: 32. An outbreak of an epidemic or disease was evident or reported. Comment: 33. Health care facilities, including traditional practitioners, remained accessible and their services were uninterrupted. Comment: 34. Student attendance at classes was interrupted. Comment: 35. Relief food supplies and distribution systems were operational and accessible Comment: 36. A failure to address a chronic disease (e.g. HIV/AIDS) was evident or reported. Comment: x x x x Somewhat Agree SA Dont Know ? Somewhat Disagree SD Disagree D x x x

317

MODULE 8

37. Cuts in welfare or basic support were evident or reported. Comment:

Agree A

Somewhat Agree SA

Dont Know ?

Somewhat Disagree SD

Disagree D

Information, Communications and Transportation 38. New media or press controls were introduced. Comment: 39. Transportation via roads and/or trains was disrupted. Comment: 40. Sabotage of transport facilities was evident or reported. Comment: 41. Access to information and/or communications was interrupted. Comment: Natural Disasters, Accidents and the Environment 42. A natural disaster event occurred. Comment: 43. An accident or incident resulting in an emergency situation occurred. Comment: Agree A Negotiations, Medication and Peacekeeping 44. Calls for mediation, negotiations or reconciliation were reported or evident. Comment: 45. Requests for assistance with mediation, negotiation or reconciliation were reported or evident. 318 x Somewhat Agree SA Dont Know ? Somewhat Disagree SD Disagree D x x x

MODULE 8

Comment: 46. Civil society groups were actively engaged in local peace initiatives. Comment: 47. A weapons reduction or buy-back program was initiated. Comment: 48. Negotiation or mediation services were used for conflict resolution. Comment: 49. Positive statements or views of local democratic processes or peaceful initiatives were presented in the media. Comment: 50. Failed DDR programs were evident or reported. Comment: 51. Security forces were actively engaged in peace initiatives in local communities. Comment: 52. Religious or other groups initiated new peace building or community development programs. Comment:

Agree Security, Arms and Armed Conflict 53. External armed support intervention was evident. Comment: 54. Internal armed support intervention was evident. Comment: 55. Small arms and/or ammunition were readily available. Comment: or or A

Somewhat Agree SA

Dont Know ? x

Somewhat Disagree SD

Disagree D

319

MODULE 8

56. An inter-communal clash over land was evident or reported. Comment: 57. An armed clash was evident or reported. Comment: 58. Porous borders were evident or reported. Comment: Society, Culture, Ethnicity and Religion 59. Communities or groups separated themselves or curtailed their previously reciprocal activities. Comment: 60. Acts of hatred or intolerance of certain cultures or groups was evident or reported. Comment: 61. Disrespect or bypassing of elders or indigenous leaders was evident or reported. Comment: Agree A 62. Negative images or hateful speech toward a group of people or community was evident or reported. Comment: 63. Politicisation or denigration of religion or religious symbols was evident or reported. Comment: Women, Children, Refugees and Inequality 64. Child labourers were evident or reported. Comment: x x Somewhat Agree SA x Dont Know ? x x

Somewhat Disagree SD

Disagree D

320

MODULE 8

65. Forced circumcision was evident or reported. Comment: 66. Discrimination arising from land use practices was evident or reported Comment: 67. An influx of internally displaced persons or refugees was evident. Comment: 68. Child soldiers were evident or reported. Comment:

321

MODULE 8

Handouts 0.3
COPY OF ECOWARN DAILY HIGHLIGHT

Observation & Monitoring Centre Monitoring-Analysis Sub-region

ECOWARN Daily Highlights

Introduction: The overall situation in the sub-region remains calm but ongoing challenges are to be addressed on the humanitarian ground in Togo; Safety and security in Sierra Leone. The regional integration process is ongoing.

TOGO
POSSIBLE BIRD FLU OUTBREAK Humanitarian: It has been reported that authorities in Togo are investigating a suspected outbreak of avian flu after the sudden mass death of poultry on a farm on June 17 2007. An agriculture ministry statement cited by state media said test samples had been sent to a regional laboratory to determine whether the outbreak involved the highly pathogenic H5N1 strain, which was reported in neighbouring Ghana in May. The investigation was focusing on a semi-industrial farm at Sigbehoue, about 45km east of the capital Lome, where about 2,000 chickens out of a total stock of 3,000 had died in two days. If confirmed, the outbreak would be the first bird flu case detected in Togo. Several countries in West Africa have detected outbreaks of the disease and the worst hit, Nigeria, reported sub-Saharan Africas only confirmed human death from H5N1 early this year.

SIERRA LEONE
MINISTER ARRESTED AFTER CHOPPER CRASHED Security: Sierra Leone's Transport Minister, his Permanent Secretary, the Director of the Civil Aviation Authority and his deputy have been arrested on corruption charges after a helicopter crash two weeks ago which killed 22 people. The helicopter service operated by Paramount Airlines had been grounded for safety checks earlier in the year. An official from the anticorruption commission said "It's not clear how the Paramount helicopter service was given permission to continue operating." Paramount is one of two commercial companies that run helicopter services over the broad Sierra Leone river between Freetown and Lungi airport. The only other options are rusting river ferries or local fishing boats. The Mi-8 helicopter exploded and crashed at Sierra Leone's main International Airport on June 3, killing 22 people, most of them Togolese sports officials who had attended an African Nations Cup soccer qualifying game in Freetown.

MO E E 8 322 D U L S 1

000 E a r l y Wa r n i n g a n d R e s p o n s e MODULE 8

THIRTY SECOND SUMMIT OF ECOWAS HEADS OF STATES AND GOVERNMENT


Integration: President Umaru Musa Yar'Adua and other leaders of The Economic Community of West African States (ECOWAS) have pledged firm commitment to realising newly launched "Regional Strategic Visions," aimed at accelerating greater and meaningful integration among West African states. The 10 pillars of the ECOWAS Regional Strategic Vision are meant to achieve a borderless zone free of conflict for a better and greater integration." This came up during the 32nd Summit of ECOWAS Heads of State and Government, held in Abuja on Friday June 15th. Also at the summit, Dr Mohammed Ibn Chambas, who assumed office in January as the first President of ECOWAS Commission was sworn in, thus marking completion of the process of transformation of the sub-regional institution from Executive Secretariat to a Commission, and the move towards greater and effective integration. Conclusion: From todays report, it could be said that the region is not done with the Bird Flu plague; hence control measures and precautions shall be mobilised as the outbreak is spreading gradually within member states. ECOWAS will remain alerted.

323 444

E a r l y Wa r n i n g a n d R e s p o n s e

MODULE 8 MODULE 8

324

MODULE 8

325

MODULE 9 325

326

MODULE 9

327

MODULE 9

328

MODULE 9

329

MODULE 9

330

MODULE 9

331

MODULE 9

332

MODULE 9

333

MODULE 9

334

MODULE 9

335

MODULE 9

336

MODULE 9

337

MODULE 9

338

MODULE 9

339

MODULE 9

340

MODULE 9

341

MODULE 9

342

MODULE 9

343

MODULE 9

344

MODULE 9

345

MODULE 9

346

MODULE 9

347

MODULE 9

348

MODULE 9

349

MODULE 9

350

MODULE 9

351

MODULE 9

352

MODULE 9

353

MODULE 9

HANDOUTS

354

MODULE 9

355

MODULE 9

356

MODULE 9

357

MODULE 9

358

MODULE 9

359

MODULE 9

360

MODULE 9

361

MODULE 9

362

MODULE 9

363

MODULE 9

364

MODULE 9

365

MODULE 9

366

MODULE 9

Module
POST CONFLICT RECONSTRUCTION

10

367

MODULE 10 367

POST CONFLICT RECONSTRUCTION


OVERVIEW Conflicts are a negative characteristic of human existence. Despite their detrimental and damaging effects on man and his environment, conflicts have continued to prevail on all the continents of the world. Conflicts zones or areas affected by prolonged or deep-seated conflicts suffer from economic underdevelopment and damaged infrastructures. They are also frequently characterised by limited capacity to function effectively and efficiently. Armed conflict erodes developmental foundations. Wars often lead to huge material losses and human casualties. There are also psychological losses in terms of status, self confidence, loss of trust and confidence in others, hope, personal security and power. At the end of armed conflicts, there is a need for immediate post conflict reconstruction strategies to bring the peoples of conflict zones back to normalcy. Objectives The objectives of this module are to develop participants capacity in post conflict reconstruction by: Brief Profile of Module Developer: West Africa Civil Society Institute (WACSI) WACSI was established by the Open Society Initiative for West Africa (OSIWA) to enhance the capacity of civil society in the region. The Institute was set up in an attempt to bridge the institutional and operational gaps identified in civil society. V ision: WACSI is committed to the development of Civil Society Organisations (CSOs) as strategic partners in the pursuit of democracy, good governance and national development in the subregion. Mission: The Institute seeks to strengthen the institutional and technical capacity of CSOs to engage in policy formulation, implementation, and the promotion of democratic values and principles in West Africa. WACSIs role is to serve as a resource centre engaged in training, research, documentation, and policy dialogue for CSOs in West Africa. The advocacy work of the Institute is conducted through its policy dialogue process, which brings together different stakeholders to deliberate on topical issues that affect West African States. Position papers are published by the Institute after deliberations and disseminated to policy makers. ACKNOWLEDGEMENTS This module was developed by the West Africa Civil Society Institute Lead Developer: Gima H. Forje Contributor: Thelma Ekiyor

Providing participants with a conceptual framework/analysis for post conflict reconstruction; Raising awareness in participants on key concepts related to post conflict reconstruction; Examining the role of transitional justice processes in post conflict reconstruction; Highlighting case studies and indigenous reconciliation processes in West Africa; Promoting the exchange of ideas and experiences amongst participants through participation in group work/exercises

368

MODULE 10

INTRODUCTION
POST CONFLICT RECONSTRUCTION
Violent conflicts have killed and displaced more people in Africa than in any other continent in recent decades . According to the Commission for Africa (ECA), this severely challenges the achievement of the Millennium Development Goals in those countries where violent conflicts have prevailed. Conflicts are also costly; it is estimated that the cost of each conflict almost equals the value of annual development aid worldwide. New aid commitments made in 2005 could be cancelled out by an increase in conflict and insecurity in developing countries. At the end of violent conflicts, there is a need for reconciliation and reconstruction. Creating trust and understanding between former enemies is a supremely difficult challenge. It is, however, an essential one to address in the process of building a lasting peace. Examining the painful past, acknowledging it and understanding it, and, above all, transcending it together, is the best way to guarantee that it does not and cannot happen again. As West Africa emerges from regionalised civil wars, it has provided a good example of regional peace-keeping and peace-building efforts by the Economic Community of West African States (ECOWAS), either operating through its Peace Monitoring Initiative (ECOMOG), or in concert with civil society, the international community and multilateral organisations, particularly the United Nations. The greatest challenge that confronts the region at present is that of reconstructing its warfractured polities in ways that will prevent a slippage back into violent conflict. This module on post conflict reconstruction aims at highlighting a conceptual framework for peace building by introducing participants to post conflict frameworks and post conflict reconstruction. Further, this module will provide participants with an overview of post conflict situations in West Africa by examining specific case studies. Key aspects of post conflict reconstruction such as demobilisation, disarmament, rehabilitation, reintegration and recovery have been extensively examined with concrete case studies from across the sub-region. Finally, the role of transitional justice processes in post conflict reconstruction cannot be undermined. Therefore, a substantive portion of this module is dedicated to the role of transitional justice processes especially truth and reconciliation processes and indigenous reconciliation mechanisms in post conflict reconstruction. The module also highlights the role of special courts in Africa.

369 M O D U L E 1 0

I n t r o d uMODULE 10 000 ction

OVERVIEW OF SESSIONS
Post Conflict Reconstruction
Content/Sessions Materials Required Methodology Duration

Conceptual framework for peacebuilding and post conflict reconstruction: - Conceptualising peacebuilding and post conflict reconstruction What is peacebuilding? Content/Sessions

POST CONFLICT RECONSTRUCTION Flip chart and Mini lecture and


marker plenary

15 Minutes

Who is a peacebuilding agent? Conceptual post conflict What isframework for

Materials Required Flip chart and marker


Flip chart, markers, handouts

Methodology Mini lecture plenary

Duration and 15 Minutes


15 Minutes

peacebuilding and post conflict reconstruction? reconstruction: Conceptualising Post conflict framework analysis peacebuilding and post - Overview of reconstruction conflict post conflict situation in is peacebuilding? What West Africa Who is a peacebuilding agent? What is post conflict DDRR and post conflict reconstruction? - Definitions - Strategic consideration for Post conflict framework analysis implementation ofpost conflict Overview of DDRR situation in West Africa DDRR and post conflict The role of transitional justice pro Definitions cesses in post conflict Strategic consideration - What is transitional justice? for implementation of DDRR The role of transitional justice Special Courts in Africa processes in post conflict - Experience in Sierra Leone What is transitional justice? Special Courts in Africa Truth and reconciliation processes Experience in Sierra Leone Truth and reconciliation processes
Indigenous reconciliation Indigenous reconciliation processes in Africa

Group work, plenary, mini lecture

Flip chart, markers, Group work, 15 Minutes handouts plenary, mini lecture Flip chart, markers, Flip chart, markers, handouts handouts Mini lecture and 30 Minutes Plenary and mini 15 Minutes plenary lecture mini 15 Minutes 15 Minutes 15 Minutes
15 Minutes 15 Minutes

Flip chart, markers, handouts

Mini lecture and plenary

30 Minutes

Flip chart, markers, Plenary and Flip chart and Mini lecture handouts lecture markers Flip chart and Flip chart, markers markers and handouts Flip chart, markers and handouts Flip chart, markers Flip handoutsmarkers and chart, and handouts Mini lecture
Group/plenary

15 Minutes

Group/plenary
Mini lecture, plenary

processes in Africa

Mini lecture, plenary 15 Minutes

Cumulative Training Time Training Time Cumulative

120Minutes 120
Minutes

444

Overview

MODULE 10

370

MODULE 10

SESSION ONE
CONCEPTUAL FRAMEWORK FOR PEACE BUILDING
To provide participants with a conceptual understanding of peace building in post conflict situations. Training Resources: Flip chart, markers and where possible a projector. Duration: 15 Minutes. Methodology: Mini Lecture and Plenary Session Facilitators Notes 1. In a plenary with everybody contributing, ask participants the following questions: i. What is peace? ii. What is the value of peace? iii. Is peace necessary at all times and why? iv. What is peacebuilding? v. What is post conflict reconstruction? 2. Write down responses from participants on a flip chart; 3. Press further by asking participants to identify agents of peacebuilding; 4. Write all responses on a flip chart 5. Proceed with the mini lecture on conceptualising peacebuilding and post conflict reconstruction below; 6. In the course of the lecture, make references to relevant contributions that were made by participants; 7. In a plenary, ask participants to respond to the group work on agents of peacebuilding. 8. Write all responses on a flip chart.

Objective

MINI LECTURE: CONCEPTUALISING PEACEBUILDING AND POST CONFLICT RECONSTRUCTION

What is peacebuilding?
According to former UN Secretary General, Boutros Boutros-Ghali, in his report entitled An Agenda for peacebuilding consists of a wide range of activities associated with capacity building, reconciliation, and societal transformation. Peacebuilding is a long-term process that occurs after violent conflict has slowed down or come to a halt. Thus, it is the phase of the peace process that takes place after peacemaking and peacekeeping.

Peacebuilding is a long-term process that occurs after violent conflict has slowed down or come to a halt. Peacebuilding consists of a wide range of activities associated with: Capacity building; Reconciliation; and Societal transformation.

MODULE 10 371

Session 1

000

MODULE 10

From another dimension, many CSOs understand peacebuilding as an umbrella concept that encompasses not only long-term transformative efforts, but also peacemaking and peacekeeping. In their view, peacebuilding includes early warning and response efforts, violence prevention, advocacy work, civilian and military peacekeeping, military intervention, humanitarian assistance, ceasefire agreements, and the establishment of peace zones. In a narrower sense, peacebuilding is a process that facilitates the establishment of durable peace and tries to prevent the recurrence of violence by addressing root causes and effects of conflict through reconciliation, institution building, and political as well as economic transformation. This consists of a set of physical, social, and structural initiatives that are often an integral part of post conflict reconstruction and rehabilitation.

The central task of peacebuilding is to create positive peace, that is, a stable social equilibrium in which new disputes do not escalate or degenerate into violence and war. For peace to be sustainable there must be no physical and structural violence, the elimination of discrimination, and self-sustainability. Achieving this sort of peace goes beyond problem solving or conflict management. Therefore, peacebuilding initiatives correct the core problems that underlie the conflict and change the patterns of interaction of the parties involved. Such initiatives aim to move a given population from a condition of extreme vulnerability and dependency to one of self-sufficiency and well being.

Who are the agents of peacebuilding?

Peace-building measures involve all levels of society and target all aspects of the state structure and require a wide variety of agents for their implementation. Among other actors, peacebuilding measures do integrate civil society in all efforts and include all levels of society in the post conflict strategy. Leaders from all levels of society including the political and religious elites and grassroots, have a role to play in building sustainable peace.

Various internal actors play an integral role in peacebuilding and reconstruction efforts. A variety of community specialists, including lawyers, economists, scholars, educators, and teachers, contribute their expertise to help carry out peacebuilding projects. Finally, a society's religious networks can play an important role in establishing social and moral norms. Nevertheless, external actors typically play a crucial role in advancing such peacebuilding efforts. Few peacebuilding plans work unless regional neighbours and other significant international actors support peace through economic development aid and humanitarian relief. Since their efforts carry the legitimacy of the international community, they can be quite effective.

Effective peacebuilding requires public-private partnerships in addressing conflict and greater coordination among the various actors. International governmental organisations, national governments, CSOs, donor partners, and international and local NGOs need to coordinate to ensure that every resource invested in peacebuilding is spent wisely. To accomplish this, advanced planning and intervention coordination is needed.

Various institutions provide the necessary funding for peacebuilding projects. While international institutions are the largest donors, private foundations contribute a great deal through project-based financing. In addition, regional organisations often help to both fund and implement peacebuilding strategies. Finally, Non-Governmental Organisations (NGOs) often carry out small-scale projects to strengthen countries at the grassroots level. Besides traditional NGOs, business and academic community and various grassroots 372 444 Session 1 MODULE 10 MODULE 10

organisations work to further peacebuilding efforts. Some actors believe that a great resource for sustaining peace in the long-term is always rooted in the local people and their culture. Initiatives that incorporate citizenbased peacebuilding include community peace projects in schools and villages, local peace commissions and problem-solving workshops, and a variety of other grassroots initiatives.

What is post conflict reconstruction?


According to the School of Advanced International Studies (SAIS), post conflict reconstruction involves a process that seeks for the establishment of durable peace and that tries to prevent the recurrence of conflict by addressing root causes and effects through reconciliation, Post conflict reconstruction institution building, and political as well as economic involves; transformation. Therefore, Post conflict peacebuilding or A process that seeks for the reconstruction is connected to peacekeeping, and often involves establishment of durable peace and that Demobilisation, Disarmament, Rehabilitation, Reintegration and tries to prevent the recurrence of conflict by addressing root causes and effects Recovery programmes. Although peacemaking and peacekeeping through: processes are important parts of peacebuilding, they are not Reconciliation, enough in themselves to meet longer-term needs and build a Institution building, lasting peace. However, long-term peacebuilding techniques can Political transformation, and be designed to fill this gap, and to address the underlying Economic transformation. substantive issues that bring about conflict. Post conflict reconstruction is a complex system of programmes aimed at preventing disputes from escalating, avoiding a relapse into violent conflict, and building and consolidating sustainable peace. The programme may run simultaneously over a short, medium or long term. Post conflict reconstruction is ultimately aimed at addressing the root causes of a conflict and to lay the foundations for social justice and sustainable peace. Post conflict reconstruction systems proceed through three broad phases, namely: 1. emergency phase, 2. transition phase, 3. development phase. These should not be understood as absolute, fixed, time-bound or having clear boundaries.

Post conflict reconstruction involves:

Creating an environment conducive for self-sustaining and durable peace: Resolve the problems of willingness to cooperate. Social and economic transformation is paramount for the establishment of durable peace. Reconciling opponents: Consider the psychological and emotional components of protracted conflict and the relationships between antagonist groups. Addressing structural and social factors: Direct efforts towards transformation of the conditions that caused the conflict. Preventing conflict from re-emerging: Create mechanisms that enhance cooperation and dialogue among different identity groups in order to manage conflict of interests with peaceful means. Integrating civil society in all efforts: Include all levels of society in the post conflict strategy. Design political transformation to include civil society in decision making (bottom-up and top-down approaches). Establishing mechanisms to handle issues of justice: Set up institutions that aim to avoid impunity of crimes that were committed during the conflict (truth commissions, war crime tribunals, fact finding missions).

373 D U L E 1 0 MO

000 S e s s i oMODULE 10 n 1

The composition of each post conflict reconstruction system is determined by the interaction of the specific internal and external actors present;

The history of the conflict and The processes that resulted in a peace agreement. Post conflict reconstruction systems have five dimensions: (1) (2) (3) (4) (5) Security; Political transition, governance and participation; Socio-economic development; Human rights, justice and reconciliation; and Coordination, management and resource mobilisation.

These five dimensions need to be programmed to simultaneously, collectively and cumulatively develop momentum to sustainable peace.

Goals within each element during the three phases of post conflict reconstruction
Emergency Phase Security
Security Emergency Phase

Transition Phase

Establish a safe and secure environment and Establish a safe


secure environment

Develop legitimate and stable security Develop legitimate and institutions securi ty stable
institutions Promote legitimate politi cal institutions Promote legitimate and participatory political institutions processes

Transition Phase

Development Phase

Consolidate local capacity local Consolidate


Capacit y

Development Phase

Determine the Political Transition, Governance, & Determine the Partici pation governance governance structures, Political Transition, Governance, & Participation
Socio-eco nomic Development

foundations for structures, par ticipation, and foundations for pro cesses for political and participatory participation, and transition processes processes for political transition Provide for emergency humanitarian needs

Consolidate political instituti ons and Consolidate processes participatory political

institutions and participatory processes

Socio-economic DevelopmentJustice and Human Rights,


Reconciliation

Provide for emergency structures, and humanitarian needs processesld the legal system for Develop mechanisms for Bui addressing past and development and processes for
ongoing grievances reconciliation and

Est ablish foundations, structures, and processes for Establish foundations, development

Institutionalise long-term developmental Established and programme system functi onal legal
internat ional and Established norms functional legal Develop internal system processes sustainable based on accepted and capacity for coordinati on international norms based on accepted

Instituti onalise long-term developmental programme

monitoring human Build the legal system and Develop mechanisms rights Human Rights, Management Jusprocesses for reconciliation Coo rdination and Develop consultative and Develop technical bodies for tice and and to facilitat e programme coordination addressing past and Reconciliation monitoring human mechanism for internal development ongoing grievances actors and external rights

Develop consultative and Develop technical bodies Source: African Post conflict Reconstruction Strategic Policy Framework to Coordination and coordination facilitate programme Management mechanism for internal development and external actors Source: African Post conflict Reconstruction Strategic Policy Framework

Develop internal sustainable processes and capacity for coordination

374 444

Session

MODULE 10 MODULE 10

SESSION TWO
POST CONFLICT FRAMEWORK ANALYSIS
To provide participants with an analytical understanding of post conflict frameworks; To provide in-depth insights into multi approaches to post conflict reconstruction. Training Resources: Flip chart, markers, handouts 3.0.1, 3.0.2, 3.0.3 and 3.0.4 and where possible a projector. Duration: 15 Minutes. Methodology: Group work, plenary session, Mini lecture Facilitators Notes 1. Split participants into five groups (A,B,C,D and E); 2. Distribute handouts 3.0.1, 3.0.2, 3.0.3, 4.0.1 to the participants in the respective groups a night before the training; 3. Ask participants to identify the role of the following organisations in conflict prevention: i. The African Union (Group A); ii. The New Partnership for Africas Development (Group B); iii.The Economic Community of West African States (Group C); iv. What are the dimensions to post conflict reconstruction? (Group D); v. What are the phases of post conflict reconstruction? (Group E); 4. List proposals from participants under the corresponding organisation; 5. Proceed with the mini lecture on an overview of post conflict situations in West Africa; 6. All participants must share the understanding that there are different phases and procedures in post conflict reconstruction; the emergency, transition and development phases; 7. Use figure 1 below to explain the different components under these phases to participants; 8. Further, participants must understand that there are different dimensions to post conflict reconstruction. Use Table 1 below to highlight the different dimensions to post conflict reconstruction; 9. Conclude this section with the mini lecture on special needs groups.

Objectives

MINI LECTURE: OVERVIEW OF POST CONFLICT SITUATION IN WEST AFRICA


Several countries in West Africa have been plagued by violent intra-state conflicts. Whether in Liberia, Sierra Leone, Guinea, Cte dIvoire or in Nigeria, people desire long lasting peace without which even minimal development is impossible. In West Africa, there have been alarming incidences of medium and high-intensity conflicts with the attendant consequences of deaths, instability, displacements and refugees. The situation has given rise to serious breakdown of law and order in many societies, bringing in its wake immense insecurity and human suffering of grave dimensions especially in Liberia, Sierra Leone, Guinea and even in Cte dIvoire.

MODULE 10 375

Session 2

000

MODULE 10

For over ten years, a brutal civil war raged in Sierra Leone, killing over 50,000 people and forcing at least one million people to leave their homes. The official end of the civil war in 2001, and the national elections in 2002, made it possible for many refugees and internally displaced people to return to their homes and begin to rebuild their shattered lives. Under any circumstances, the task of assisting people in a post conflict country is difficult, but for Sierra Leone, the country with the lowest ranking on the 2004 Human Development index, the process was especially daunting. The task of rebuilding the economic, political, and social infrastructure of the country has been principally pursued by the Government of Sierra Leone and various UN agencies, including UNAMSIL, UNHCR, and UNICEF, NGOs, both national and international actors, played important roles in this process.

Although international law forbids the use of children under the age of 15 as child soldiers, thousand of such children were used in the Liberian civil war. Many were killed during this conflict and denied the most basic right- the right to life.

According to the Womens Commission for Refugee Women and Children, based in New York, a societys treatment of children is a reflection of its worth. In the case of post conflict Liberia, the countrys fate is inextricably tied to the fate of its vulnerable populations. The Liberian civil war had the problem of child soldiers. These children used as child soldiers were amongst the target victims of the war. Although international law forbids the use of children under the age of 15 as child soldiers, thousands of such children were used in the Liberian civil war. Many were killed during this conflict and denied the most basic right--the right to life. Yet, other were deprived of their liberty forcibly conscripted by warring factions and separated from their families against their will, some were forced to kill and torture, others with the consequent psychological trauma. Of the estimated 60,000 fighters involved in the conflict, UNICEF estimated that 6,000 of the fighters, or 10 percent, were children under fifteen. Once hailed as a model of stability, Cote dIvoire slipped into the kind of internal strife that has plagued many African countries. An armed rebellion in 2002 split the nation in two. In September 2002, a troop mutiny escalated into a full-scale rebellion, voicing the ongoing discontent of northern Muslims who felt they were being discriminated against in Ivorian politics. Thousands were killed in the conflict. Although the fighting has stopped, Cote dIvoire was tense and divided. French and UN peacekeepers patrolled the buffer zone which separates the north, held by rebels known as the New Forces, and the government-controlled south. Peace talks brokered by other African nations and France failed to reunite the country. Under a 2003 peace deal, the government agreed to disband loyalist militias and pass political reforms. In return, the New Forces accepted to lay down their weapons. Today, there is peace in Cote dIvoire and the economy is recovering from the war.

Special Needs Group and post conflict reconstruction

The needs of special needs groups need to be factored into planning and programming. Special needs groups are those groups or categories of internal actors that need programme responses that cater for their specific needs, such as:

Women; Children and youth; The disabled and the elderly; Ex-combatants: (These are military people or civilians who were formally involved in armed conflict but have laid down their arms) ;

376 444

Session

M OMODULE 1 0 D U L E 10

Female ex-combatants: (These are women and girls who were formally actively engaged in armed conflict and have laid down their arms); Child soldiers: ( Any person under age 18 who is "part of any kind of regular or irregular armed force or group in any capacity, including but not limited to cooks, porters, messengers and those accompanying such groups, other than purely as family members); IDPs: (internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised State border.) Refugees: (A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that count); Single -parent households; Victims of sexual violence, HIV positive, and others

In some cases, generic programmes can cause even greater vulnerability for special needs groups if steps are not taken to mitigate against such consequences, whilst in other cases a special focus on specific groups can have a disproportionate impact on the overall situation. Programmes focussed on the special needs of women in the post conflict environment impact on household livelihood, family health, education, and so on, and thus tend to have positive effects far beyond the initial target group. Similarly, effective DDR programmes that successfully reintegrate ex-combatants into society impact not only on the security dimension, but on the socio economic development and reconciliation dimensions.

377 MODULE 10

MODULE 10 Session 2 000

Emergency

Transition

Developement Economic Recovery

Humanitarian relief and food aid

Peace and Security

National unity and Reconciliation

Establishment of political legitimacy

Resettlement of IDPs and refugees

Mine action programmes*

International assistance/external aids

Rehabilitation of physical infrastructure

Political Authority

Reconstruction framework for governance

Demobilisation and reintegration of excombatants * Preparation of such programmes may begin immediately while implementation is sequenced/ and in some cases may carry on in all 3 stages
Source:

Rebuilding and maintaining key social infrastructure Restoration of main productive sectors

Domestic and External Resource Mobilisation

Implementation of Economic Reforms

Group Solidarity/Rebuilding Social Capital Restoration of macroeconomic stability

Broad based Participation and consensus building

Adapted from African Post conflict Reconstruction Policy Frame Work, NEPAD Secretariat, Governance, Peace and Security Programme, June 2005

378

MODULE 10

Table 1: Dimensions of a post conflict reconstruction system Providing a Safe and Secure Environment - Control of belligerents - Territorial security - Protection of the populace, including returnees, refugees and internally displaced persons (IDPs) - Protection of key individuals, infrastructure and institutions - Small arms reduction strategies - Police customs - Border patrol - Intelligence services Security Sector Governance, Reform & Transformation - National Armed Forces - Non-military security forces Disarmament, Demobilisation, Resettlement and Reintegration (DDRR) Regional Security - Regional security arrangements Support the Peace Process and Oversee the Political Transition Democratisation and Participation - Political parties (formation, training) - Civil society (development, enabling environment) - Media (public information, training, professionalism/ ethics) - Elections - Planning, assistance, and execution - Monitoring - Citizen outreach Governance - National constitution process (National dialogue, constitution) - Transitional governance - Capacity building and strengthening the public sector and civil service (revenue generation, training, infrastructure) - Legislative strengthening - Local governance - Transparency and accountability - Policy development Conflict Prevention and Dispute Resolution
Source: African Post conflict Reconstruction Policy Frame Work

Security

Political Transition, Governance and Participation

379

MODULE 10

Humanitarian Assistance - Food security - Public health - Shelter - Refugees/IDPs Repatriation, Rehabilitation, Reintegration and Reconstruction Socio-economic development Physical Infrastructure - Roads - Ports - Airports - Electricity - Telecommunications Social Services - Health - Education - Social Welfare - Population Registration Economy - Economic strategy and assistance - Physical Infrastructure - Employment generation - Restoration of productive sectors - Markets - Legal and regulatory reform - International trade - Investment - Banking and finance Human Rights - Capacity building - Monitoring Truth & Reconciliation Commission Processes Human Rights, Justice and Reconciliation National Dialogue, Nation Building & Confidence Building - Social cohesion and social capital

Justice Sector Reform/Rule of Law


Law enforcement Judicial system Laws Corrections International courts and tribunals

Coordination, Management and Resource Mobilisation

Strategic policy level - Integrated coordination mechanism - Consultative mechanisms - Capacity building and strengthening of national coordination - Coordination between internal and external actors - Mobilisation of resources Management and implementation level - Technical bodies (translate frameworks into programmes) Resource Mobilisation

380

MODULE 10

SESSION THREE
DISARMAMENT, DEMOBILISATION, REPATRIATION, REINTEGRATION AND RESETTLEMENT (DDRRR) IN POST CONFLICT

Objective

To raise awareness of participants on the importance of DDRR programmes in post conflict reconstruction. Training Resources: Flip chart, markers, handout 4.0.2, 4.03 and where possible a projector Duration: 30 Minutes. Methodology: Mini lecture, Group Work. Facilitators Note: 1. Ask participants the following questions: i. What is DDRR? ii. Who is eligible to enter a DDRR programme? iii. What are the roles of NGOs in DDRR? 2. Write down all answers on a flip chart; 3. Proceed with the mini lecture on DDRR; 4. After the mini lecture, divide participants into 4 groups ask them the question below on DDRR in Liberia; 5. Regroup participants after the exercise for them to share their responses to the questions 6. Write all responses from the groups on the flip chart NB: Handout 4.0.2 should be given to participants a night before the training.

MINI LECTURE: DEMOBILISATION, DISARMAMENT, REINSERTION AND REHABILITATION (DDRR)


Demobilising, disarming, reinserting and rehabilitating ex-combatants are the main ideas behind DDRR programmes. For the purpose of simplicity, we shall focus on the UN DDR model. The objective of the DDRR process is to contribute to security and stability in post conflict environments so that recovery and development can begin. It aims to deal with the post conflict security problem that arises when ex-combatants are left without livelihoods or support networks, other than their former comrades, during the vital transition period from conflict to peace and development. Through a process of removing weapons from the hands of combatants, taking the combatants out of military structures and helping them to integrate socially and economically into society, DDRR lays the groundwork for safeguarding and sustaining the communities in which these individuals can live as law-abiding citizens, while building national capacity for long-term peace, security and development. Although DDRR alone cannot resolve conflict or prevent violence, it can help establish a secure environment so that other elements of a recovery and peace-building strategy can proceed.

MODULE 10 381

Session 3

000

MODULE 10

Definitions

Disarmament is the collection, documentation, control and disposal of small arms, ammunition, explosives and light and heavy weapons of combatants and often also of the civilian population. Demobilisation is the formal and controlled discharge of active combatants from armed forces or other armed groups. Reinsertion is the assistance offered to ex-combatants during demobilisation but prior to the longerterm process of reintegration. Reinsertion is a form of transitional assistance to help cover the basic needs of ex-combatants and their families and can include transitional safety allowances, food, clothes, shelter, medical services, short-term education, training, employment and tools. Rehabilitation is the process by which ex-combatants acquire civilian status and gain sustainable employment and income. Reintegration or rehabilitation is essentially a social and economic process with an open time-frame, primarily taking place in communities at the local level. It is part of the general development of a country and a national responsibility, and often necessitates long-term external assistance.

Source: UNDDR, www.unddr.org

Source: UNDDR, www.unddr.org

382 444

Session

M OMODULE 1 0 D U L E 10

What are key strategic considerations for the planning and implementation of DDRR?

A new United Nations approach: In the past, programmes were often conducted in a fractured way, resulting in poor coordination and sometimes competition between and among peacekeeping operations, agencies, funds and programmes. It is important to integrate project work and programming of various UN departments and agencies.

An integrated long-term outlook: Approaching DDRR in an integrated manner requires a shift in focus to put DDRR firmly into the overall post conflict stabilisation and recovery process. At a strategic level this means that DDRR cannot be implemented in isolation from the broader peace-building and recovery process and that it must be coordinated with the wider peace, recovery and development frameworks. Importance of political will: DDRR is essentially a politically driven process. Many DDRR programmes stall or are only partly implemented because the political climate is not right. The success of the DDRR process therefore depends on the political will of the parties to enter into the process in a genuine manner. The establishment of a DDRR process: A DDRR process is usually agreed to and defined within a ceasefire, cessation of hostilities or comprehensive peace accord, providing the political operational framework for the process. Yet in some post conflict contexts, the parties to a ceasefire or peace agreement may not trust each other and lack the capacity to design, plan and implement DDRR programmes. It is important to push for the inclusion of detailed provisions for DDRR in peace agreements that are in line with United Nations policy on DDRR and for signatories to respect commitments they may make to be disarmed, demobilised and reintegrated. Risk of rapid disarmament: The long-term approach required of integrated DDRR is at times offset by the short-term political or security imperative to rapidly disarm combatants that pose a potential threat to peace. When political and security imperatives push for a quick disarmament, there is a risk that this could lead to increased insecurity at a later stage, especially if reintegration support for demobilised combatants is not well planned and resourced.

DDR activities are crucial components of both the initial stabilisation of warn-torn societies as well as their long-term development. As such, needs for disarmament, demobilisation and reintegration must be integrated into the entire peace process from the initial peace negotiations through peacekeeping and follow-on peacebuilding activities (UNDDR).

U N Approach to DDR The core components of DDR (demobilisation, disarmament and reintegration) can vary significantly in terms of how they are designed, the activities they involve and how they are implemented. In other words, although the end objective may be similar, DDR varies from country to country. Each DDR process must be adapted to the specific realities and requirements of the country or setting in which it is to be carried out. Important issues that will guide this are, for example, the nature and organisation of armed forces and groups, the socio-economic context and national capacities. These need to be defined within the overall strategic approach explaining how DDR is to be put into practice, and how its components will be sequenced and implemented. www.unddr.org

383 D U L E 1 0 MO

000 S e s s i oMODULE 10 n 3

Who is eligible to enter a DDRR programme?

A peace agreement will generally state or otherwise indicate which armed forces and groups will participate in DDRR. All those found to be members of an armed force or group, whether they were involved in active combat or in support roles (such as cooks, porters, messengers, administrators, sex slaves and children combatants), are usually considered part of the armed force or group and therefore included in the DDRR programme.

What are the roles of NGOs in DDRR?

In addition to the UN bodies that work in the DDRR operations, there are a multitude of NGOs that operate in the sphere of DDRR and post conflict reconstruction. The NGOs often provide expertise in specific areas and can be a significant factor in ensuring that the needs of the community are meet. The NGOs should be collaborated with and consulted with throughout the DDRR process. NGOs may assist UN operations in a variety of way such as camp management, running child-care centres for demobilised children, small arms surveys, implementation of reintegration projects.

How is gender addressed in DDRR?


The Integrated Disarmament, Demobilisation and Reintegration Standards (IDDRS) explains policy guidance on the gender aspects of the various stages in a DDRR process while outlining gender-aware interventions and female-specific actions that should be carried out. The IDDRS on gender also provides guidance on mainstreaming gender into all DDRR policies and programmes to create gender-responsive DDRR programmes. All UN and bilateral policies and programmes are strongly encouraged to comply with the Security Council resolution 1325.

Group Work: DDRR in Liberia (Based on handout 4.0.2)

Who are the key stakeholders in the case study? How were women and children catered for in the DDRR? What were the key challenges of the process? What are the main successes of the process?

444 384

Session

MODULE 10 MODULE 10

SESSION ONE
THE ROLE OF TRANSITIONAL JUSTICE PROCESSES IN POST CONFLICT
To sensitise participants on transitional justice. Training Resources: Flip chart, markers. Duration: 15 Minutes. Methodology: Brainstorming. Facilitators Note: 1. Write the following questions on a flip chart: i. What is justice? ii. What is transitional justice? iii. Who is responsible for transitional justice? iv. What is the importance of transitional justice? 2. Read out each of the questions to the group; 3. Write down all responses from participants on the flip chart; 4. Link relevant responses to the mini lecture below on transitional justice; 5. Stress on the major approaches to transitional justice; 6. Allow room for questioning and clarification at the end of the session.

Objective

MINI LECTURE: WHAT IS TRANSITIONAL JUSTICE?


Justice is fairness or reasonableness, especially in the way people are treated or decisions are made. It is the application and upholding of the law. Justice is good reason. Justice is generally understood to mean what is right, fair, and appropriate and deserved. Justice is achieved when an unjust act is redressed. Justice also means that offenders are held accountable. Transitional justice refers to a range of approaches that societies undertake to reckon with legacies of widespread or systematic human rights abuse as they move from a period of violent conflict or oppression towards peace, democracy, the rule of law, and respect for individual and collective rights. In making such a transition, societies must confront the painful legacy, or burden, of the past in order to achieve a holistic sense of justice for all citizens, to establish or renew civic trust, to reconcile people and communities, and to prevent future abuses. A variety of approaches to transitional justice are available that can help wounded societies start over. These approaches are both judicial and non-judicial, and they seek to encompass broadly the various dimensions of justice that can heal wounds and contribute to social reconstruction. Transitional justice incorporates a realistic view of the challenges faced by societies emerging from conflict or repression, and an appreciation of their unique cultural and historical contexts, without allowing these realities to serve as excuses for inaction. All stakeholders in the transitional justice process must be consulted and must participate in the implementation of the transitional justice process. 385 MODULE 10

The approaches to transitional justice are based on a fundamental belief in universal human rights, and rely on international human rights and humanitarian law in demanding that states halt, investigate, punish, repair, and prevent abuses. Transitional justice approaches consistently focus on the rights and needs of victims and their families.

The major approaches to transitional justice include the following:

Domestic, hybrid, and international prosecutions of perpetrators of human rights abuse; Determining the full extent and nature of past abuses through truth-telling initiatives, including national and international commissions; Providing reparations to victims of human rights violations, including compensation restitution, rehabilitation, and symbolic reparations; Institutional reform, of which one measure is the vetting of abusive, corrupt, or incompetent officials from the police and security services, the military, and other public institutions including the judiciary. Vetting refers to the process of excluding from public employment those known to have committed human rights abuses or been involved in corrupt practices; Promoting reconciliation within divided communities, including working with victims on traditional justice mechanisms and forging social reconstruction; Constructing memorials and museums to preserve the memory of the past; Taking into account gendered patterns of abuse to enhance justice for female victims.

386

MODULE 10

SESSION FIVE
SPECIAL COURTS IN AFRICA
To raise awareness in participants on the activities of special courts in Africa by focusing attention on the establishment and the work of the UN special court in Sierra Leone. Training Resources: Flip chart and Markers. Duration: 15 Minutes. Methodology: Case study, Group Work. Facilitators Note: 1. Distribute copies of the case study of experiences in Sierra Leone to participants. 2. Use about three minutes to highlight the following points: 3. All participants must share the same understanding that these courts are set up to handle crimes related to crises (war crimes) and to redress the wounds that were developed especially during \ violent conflicts; 4. Inform participants that several special courts have been created in Africa to examine crimes arising from conflicts e.g. in Liberia, Sierra Leone, South Africa and Sudan; 5. Tell participants that despite the advantages of these courts, there are always a number of challenges with respect to their smooth functioning; 6. Proceed with the mini lecture on the experiences from Sierra Leone; 7. All participants must understand how the court works and those who have been indicted by the court; 8. Stress on the achievements of the court and the challenges that the court faces.

Objective

CASE STUDY
Case Study: Special Courts in Africa Experience in Sierra Leone

The Special Court for Sierra Leone was set up jointly by the Government of Sierra Leone and the United Nations. Agreement between the United Nations and the Government of Sierra Leone on the establishment of the Special Court for Sierra Leone was signed on January 16 2002. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since November 30 1996.

387 MODULE 10

S e s s i oMODULE 10 n 1 000

How Does the Court Work?


The Office of The Prosecutor (OTP) gathers evidence on crimes committed during the war, argues and proves that the accused are guilty of those crimes. The office is led by the prosecutor. The judges are in charge of the trial. They are not biased. They listen to both sides of the case-The prosecutor and the response of the defence. In the end, they examine the evidence and argument of the parties and decide whether the accused is guilty or not. The first set of judges work in a trial chamber and if any of the parties is not satisfied with the ruling, such party can take the matter forward to the appeal chamber for a review of the decision of the trial chamber. Each accused person is supposed to be represented by a defence lawyer. Where the accused is not financially viable to get a lawyer, the registry provides such individuals with free legal assistance. The registry runs the special court to ensure that trials and detentions occur without problems. It is responsible for the overall administration of the special court and it is led by the registrar.

Achievements and legacies


The establishment of an independent defence office to deal with the needs and problems of the accused; Creation of wider accessibility to justice for victims of war crimes; Recognition of child recruitment as a crime under international criminal law; Recognition of forced marriage as a crime in international criminal law; Off-lifting of the immunity of Head of States and establishing accountability for human rights abuses; Establishment of a domestic witness protection unit; Invalidity of amnesty in respect of international crimes.

Practical Challenges
The limited jurisdiction which warrants the court to try only offences which were committed after 30th November 1996; Limitations by the personal jurisdiction of the court to try only persons who bear the greatest responsibilities in atrocities; Limitations with the territorial jurisdiction of the court (that is focusing exclusively on crimes committed in Sierra Leone) yet crimes committed during the war are related to other neighbouring countries; Problems associated with funding since the running of the court depended on voluntary funding; Lack of adequate personnel and infrastructure; Conflicts with the truth and reconciliation commission.

The Indicted

On March 7 2003 the first indictments were brought. Thirteen people have been indicted so far for war crimes, crimes against humanity and other violations of international humanitarian law. However, three indictments were dropped because of the deaths of the accused. Indictments against two other persons were withdrawn in December 2003 due to the deaths of the accused. The case against Sam Hinga Norman was terminated in May 2007 following his death. In 2007, ten persons associated with all three of the country's former warring factions were indicted before the Special Court. They were charged with war crimes, crimes against humanity, and other serious violations of international humanitarian law. Specifically, the charges included murder, rape, extermination, enslavement, looting and burning, sexual slavery, conscription of children into an armed force, and attacks on United Nations peacekeepers and humanitarian workers, among others. If found guilty, criminals may be sentenced to prison or have their property confiscated.

444 388

Case Study

MODULE 10 MODULE 10

The Court, as with all other tribunals established by the United Nations, does not have the power to impose the death penalty. Although the indicted are individually charged, the trials have been placed into four categories. These are discussed below:

1.

Civil Defence Forces (CDF)

Three of the indicted were leaders of the Civil Defence Forces (CDF), i.e. Allieu Kondewa, Moinina Fofana, and former Interior Minister Samuel Hinga Norman. Their trial started on June 3 2004. Norman died in custody on February 22 2007 after having undergone a surgical procedure in Dakar, Senegal. The trial proceedings against him were accordingly terminated.

2.

Revolutionary United Front (RUF)

Five leaders of the Revolutionary United Front (RUF) were indicted: Foday Sankoh, Sam Bockarie, Issa Hassan Sesay, Morris Kallon and Augustine Gbao. The charges against Sankoh and Bockarie were dropped after their deaths were officially ascertained.

3.

Armed Forces Revolutionary Council (AFRC)

Three of the detained indicted persons belonged to the Armed Forces Revolutionary Council (AFRC): Alex Tamba Brima (also known as Gullit), Brima Bazzy Kamara and Santigie Borbor Kanu (also known as Fifty-Five). Their trial began on March 7 2005.The only indicted person who is not detained, and whose whereabouts remain uncertain, is the former dictator and AFRC chairman Johnny Paul Koroma. He was widely reported to have been killed in June 2003, but as definitive evidence of his death has never been provided his indictment has not been dropped.

4.

Charles Taylor

In a category on his own is the former President of Liberia, Charles Taylor, who was heavily involved with the civil war in his neighbouring country Sierra Leone. In March 2006, Taylor was extradited to the Special Court by Nigeria, where he lived in exile, following a request to this effect by the Liberian Government. As Taylor still enjoys considerable support, his trial in Freetown was deemed undesirable. A special Security Council resolution on June 17 2006 allowed the Special Court to try him in The Hague, Netherlands, where the facilities of the International Criminal Court can be used. His trial started on June 4 2007.

Group Work:
Divide participants into 3 groups; Ask each group to answer the questions below; Use responses in a plenary discussion Special Courts in Africa

What are the achievements of the special court for Sierra Leone? What are the major challenges of the court?

389 444

Case Study

M OMODULE 1 0 D U L E 10

SESSION SIX
TRUTH AND RECONCILIATION PROCESSES IN AFRICA
To expose participants to the requirements for effective truth and reconciliation processes, and to acquaint participants with the activities of TRCs. Training Materials: Flip chart, markers and handout 7.0 Duration: 15 Minutes. Methodology: Plenary, Group Work. Facilitators Note: 1 Inform participants that the aim of truth and reconciliation processes is to establish democratic institutions and good governance; 2 Participants must share the understanding that truth and reconciliation commission are independent bodies seeking truth and healing; 3 Participants must equally understand that TRCs are established just on temporary basis and are dissolved as soon as the reconciliation process is over; 4 Tell participants that recommendations from truth and reconciliation processes help governments in developing strategies that will establish long and lasting peace; 5 Proceed by explaining the characteristics of truth and reconciliation commissions; 6 Move forward with an analysis of the truth and reconciliation commission of Sierra Leone (Handout 7.0).

Objective

Characteristics of Truth and Reconciliation Commissions(TRC)

First, they focus on the past. The events may have occurred in the recent past, but a truth commission is not an ongoing body akin to a human rights commission. Second, truth commissions investigate a pattern of abuse over a period rather than a specific event. In its mandate, the truth commission is given the parameters of its investigation both in terms of the period covered and the types of human rights violations to be examined. Third, a truth commission is a temporary body, usually operating over a period of two to three years and completing its work by submitting a report. These parameters are established at the time of the commission's formation, but often an extension can be obtained to wrap things up. Fourth, truth commissions are officially sanctioned, authorised, or empowered by the state. This, in principle, allows the commission to have greater access to information, greater security, and increased assurance that its findings will be taken serious.

MODULE 10 390

000 Session 6 MODULE 10

SESSION SEVEN
INDIGENOUS RECONCILIATION PROCESSES IN AFRICA
To teach participants about indigenous reconciliation processes in Africa by highlighting the advantages and shortcomings of such processes. Training Materials: Flip chart, marker and handout 8.0.1. Duration: 15 Minutes. Methodology: Mini lecture, role play. Facilitators Note: 1 2 3 4 5 6 7 8 9 10 11 12 In a plenary, ask the group to define reconciliation; Write down their answers on a flip chart; Inquire from participants some of the factors that may hinder reconciliation; Write down all responses on a flip chart; Press further by asking the group to briefly narrate one local reconciliation strategy within their communities; Proceed with the mini lecture on indigenous reconciliation processes in Africa; After the mini lecture, with all participating, ask participants the brainstorming questions on Western-style justice and traditional reconciliation. Write all answers from the group on the flip chart; * (After the mini lecture, split the participants into four groups) Give the participants copies of the role play below (How Easy is Reconciliation?); Give them a few minutes to go through the passage and answer the questions that follow; Regroup participants in a plenary and gather their responses to the questions; Write down the responses from the participants on a flip chart.

Objective

MINI LECTURE: INDIGENOUS RECONCILIATION PROCESSES IN AFRICA


The use of indigenous reconciliation processes especially traditional justice instruments, in the context of peacemaking and justice is innovative. As part of this important development, some post conflict societies have now turned their attention to their legacy of indigenous practices of dispute settlement and reconciliation. There is an argument on whether indigenous reconciliation processes of traditional and informal justice systems can be adopted or adapted to develop an appropriate response to a history of civil war and oppression in Africa. Kofi Annan, the then UN Secretary-General, officially acknowledged this in his August 2004 report on The Rule of Law and Transitional Justice in Conflict and Post conflict Societies when he stated that due regard must be given to indigenous and informal traditions for administering justice or settling disputes, to help them to continue their often vital role and to do so in conformity with both international standards and local tradition. According to Desmond Tutu, who chaired of the South African Truth and Reconciliation Commission, Western-style justice does not fit with traditional African jurisprudence because it is too impersonal. 444 391 Session 7 MODULE 10 MODULE 10

The African view of justice is aimed at the healing of breaches, the redressing of imbalances, and the restoration of broken relationships. This kind of justice seeks to rehabilitate both the victim and the perpetrator. They are given the opportunity to be reintegrated into the community he or she has injured by his or her offence (Desmond Tutu 1999: 51). Finally, there may be a whole range of practical shortcomings and risks with traditional or indigenous justice processes. Evidence may have been destroyed. In many cases the criminal law system will be in shock, seriously crippled or perceived as an integral part of the old order. Lack of proof can lead to the acquittal of well-known perpetrators. Such justice, perceived as arbitrary, will seriously damage victims trust in the whole system. Despite these entire shortcomings, it is worth mentioning that:

The ultimate goals of traditional justice systems or indigenous reconciliation processes are:
Reconciliation Transparency Accountability Truth- telling Reparation

BRAININGSTORMING: Western Style Justice /Traditional Reconciliation Processes


From the mini lecture above, what are the advantages and disadvantages of: a) Modern Reconciliation process? b) Traditional reconciliation processes? Which of the process do you prefer and why?

Box 1:

The ideal-typical attributes of informal justice systems in Sub-Saharan Africa

The focus is on reconciliation and restoring social harmony. There is an emphasis on restorative penalties. The problem is viewed as that of the whole community or group. The enforcement of decisions is secured through social pressure There is no professional legal representation. Decisions are confirmed through rituals aimed at reintegration The rules of evidence and procedure are flexible. The process is voluntary and decisions are based on agreement Traditional arbitrators are appointed from within the community on the basis of status or lineage. There is a high degree of public participation.
Sources: Penal Reform International (PRI), Access to Justice in Sub-Saharan Africa:

392 D U L E 1 0 MO

MODULE000 10 Session 1

Role Play:

How easy is Reconciliation?

Nyafor and Rose are in their late 50s and 40s respectively. They are a couple living in the gold-rich village of Chamako, one of the two villages that form the Republic of Njenka in West Africa. They are blessed with four children and as a hardworking family they have positive plans of getting these children to the highest level of education. Two of the children are in high school and two in the University all in the Village of Chamako where education facilities have been well developed because of the gold exploration activities there. On May 2, 2008, rebels, who are not satisfied with the concentration of development in Chamako make an attempt to overthrow the government. The government resists with an insurmountable force pushing the rebels out of the capital located 10 miles from Chamako. In search of an avenue to manifest their anger, the rebels under the command of Superman decide to eliminate all the youth in Chamako which happens to be the place of origin of the current President. In the course of their inhumane raid, they storm the abode of Nyafor and Rose at 6:00am on May 3, 2008 where the family is united for morning devotion. After seriously molesting Nyafor, 10 of the rebels rape Rose and before leaving, Superman personally chops off the heads of all the four children. The rebels continue with their activities for a couple of weeks and when it becomes glaring that they cannot topple the government, they make a desperate attempt to escape from the country. Superman is caught by the national army. He is due to face trail and if found guilty of war crimes will be sentenced to death. However, because of Supermans popularity in his homeland, Baka, the other village with a larger population that make up Njenka, his people are ready to lunch a bloody attack against the village of the President (Chamako) if he is not released immediately. The government wants to avoid hostilities by dropping the case against him but Nyafor and Rose who are an influential family in the country are not satisfied with this move and are ready to go to whatever threshold to see Superman executed for taking the lives of their four children. The National Council of Chiefs, which is made up of local leaders from both Chamako and Baka, are in the process of reconciling their people. They are aware of Nyafors determination to avenge yet they need to institute and maintain lasting peace.

Questions
1. 2. 3. 4. What would be your suggestion if you are a member of the National Council of Chiefs? Should Superman be executed? Is reconciliation possible? How can the two communities be reconciled without further violence?

Written by Gima H. Forje

393 444

Session

MODULE 10 MODULE 10

HANDOUTS

394 MODULE 10

MODULE 10 Handouts 000

HANDOUT 3.0.1
The African post conflict reconstruction framework
The aim of the African post conflict reconstruction framework is to develop a post conflict reconstruction policy framework that will ensure that the peace, security, humanitarian and development dimensions of any given post conflict reconstruction system in Africa is directed towards the common objective of consolidating the foundations for social justice and sustainable peace and development. 1. The African Post Conflict Reconstruction Policy Framework was developed through a broad consultative process facilitated by the New Partnership for Africas Development (NEPAD) Secretariat. The policy framework sets out an African agenda for post conflict reconstruction which aims to, among other things, address the nexus between the peace, security, humanitarian and development dimensions of post conflict reconstruction and peacebuilding. The framework intends to encourage an overall state of mutual consistency among the policies and programmes of, on the one hand, the African Union/NEPAD, Regional Economic Communities (RECs), Member States, civil society and the financial and private sector in Africa and, on the other hand, the various international institutions, agencies, governments, NGOs and private contractors that constitute the external actors in the post conflict reconstruction system. This policy framework provides a common platform for the diverse range of actors involved in post conflict reconstruction systems to conceptualise, organise and prioritise policy responses. It is aimed at facilitating coherence in the assessment, planning, coordination and monitoring of post conflict reconstruction systems by providing a common frame of reference and conceptual base for the broad range of multidisciplinary, multifunctional and multidimensional actors that collectively populate these systems. This policy framework seeks to further the objectives of the AU/NEPAD with regards to post conflict reconstruction as agreed upon at the second meeting of the Heads of State and Government Implementation Committee held in Abuja in March 2002. NEPAD envisions achieving these objectives by facilitating and coordinating activities at a strategic policy and an operational level that will support post conflict reconstruction efforts and that will compliment the political, peacemaking and peacekeeping actions undertaken by the African Union. Post conflict reconstruction is understood as a complex system that provides for simultaneous short, medium- and long-term programmes to prevent disputes from escalating, avoid a relapse into violent conflict, and to build and consolidate sustainable peace. Post conflict reconstruction is ultimately aimed at addressing the root causes of a conflict and to lay the foundations for social justice and sustainable peace. Post -conflict reconstruction systems proceed through three broad phases, namely, the emergency phase, the transition phase and the development phase; however, they should not be understood as absolute, fixed, time-bound or having clear boundaries. The composition of each post conflict reconstruction system is determined by the interaction of the specific internal and external actors present, the history of the conflict and the processes that resulted in a peace agreement. Post conflict reconstruction systems have five dimensions: (1) security; (2) political transition, governance and participation; (3) socio-economic development; (4) human rights, justice and reconciliation; and (5) coordination, management and resource mobilisation. These five dimensions need to be programmed to simultaneously, collectively and cumulatively develop momentum to sustainable peace.

2.

3.

4.

395 444

Session

MODULE 10 MODULE 10

5. While there are processes, phases and issues that can be said to be common to most countries emerging from conflict, one should recognise the uniqueness of each conflict system, in terms of its own particular socio-economic and political history, the root causes and immediate consequences of the conflict, and the specific configuration of the actors that populate the system. Further, as most intra-state conflicts in Africa are interlinked within regional conflict systems, country specific post conflict reconstruction systems need to seek synergy with neighbouring systems to ensure coherence across regional conflict systems. Complex post conflict reconstruction systems need to be flexible enough to respond rapidly to setbacks in one area or to changed circumstances in another. 6. The nexus between development, peace and security have become a central focus of post conflict reconstruction thinking and practice over the last decade. The key policy tension in the post conflict setting appears to be between economic efficiency and political stability. The need for, and benefits of, improved coherence is widely accepted today in the international multilateral governance context. It is recognised, on the one hand, that coordination is crucial to achieve coherence in the complex multidimensional post conflict reconstruction environment, yet, on the other hand, there seems to be no consensus on who should coordinate, what should be coordinated and how coordination should be undertaken. Thus, one of the crucial prerequisites for a coherent post conflict reconstruction system is a clearly articulated overall strategy against which individual programmes can measure their own plans and progress. 7. There is a need to bring all the current strategic planning and funding processes together into one coherent overall country level strategic framework so that the political, security, humanitarian and development aspects of the overall post conflict reconstruction system are synchronised and coordinated. Such an overall strategic framework needs to be linked to a monitoring and evaluation system so that the various dimensions, sectors and programmes that make up the system can adjust their plans according to the feedback received from others on progress made or setbacks experienced elsewhere in the system. An overall country level strategic framework will assist in coordinating the various constituent elements of the post conflict reconstruction system around a common country strategy. 8. Externally driven post conflict reconstruction processes that lack sufficient local ownership and participation are unsustainable. External actors should systematically develop the capacity of the internal actors and facilitate the scaling-down of their own role and the scaling-up of the role of the internal actors. Internal actors should be involved in assessment, planning and monitoring processes to the greatest extent possible. As the situation improves, the participation of the internal actors should increase until they eventually take full ownership of this function. Moreover, there is a need to synchronise the rate of delivery by the external actors with the capacity for absorption of the internal actors. This entails programming those elements of the assistance package that are not aimed at emergency relief and recovery over a longer-term, and directing more of the assistance initially to building the capacities that would be required to absorb downstream assistance. Further, the needs of special needs groups must be factored into planning and programming. Special needs groups are those groups or categories of internal actors that require programme responses that cater for their specific needs, such as: women, children, youth, the disabled, the elderly, ex-combatants, female excombatants, child soldiers, IDPs, refugees, single-parent households, victims of sexual violence, HIVpositive, and others. 9. In implementing this policy framework, the AU/NEPAD should undertake policy advocacy to inform and educate the broadest possible range of stakeholders about the existence and implementation of this framework. The AU/NEPAD should develop principles, standards and indicators for monitoring

396 MODULE 10

000 S e s s i o n MODULE 10 1

and evaluating post conflict reconstruction efforts by internal and external actors. The AU/NEPAD should support the work of RECs and the Member States in post conflict reconstruction. The AU/NEPAD can also facilitate the mobilisation of resources for post conflict reconstruction through, for example, facilitating actors in identifying programmes which are un- or under-funded at the regional and sub-regional level, developing monitoring mechanisms that can track funding, and support capacity building efforts that are aimed at improving internal capacity to source and manage resources. In particular, the AU/NEPAD should develop a funding facility that can be used to undertake, at short notice, multidisciplinary and multi-agency assessments and evaluations. The AU/NEPAD may provide a facilitation role with regard to mobilising resources for programmes that fall within the ambit of this policy framework. 10. The policy framework suggests that an AU/NEPAD Post conflict Reconstruction Unit would be crucial in facilitating the implementation of this policy framework. It should seek to undertake advocacy, develop post conflict reconstruction programmes, assist stakeholders in the processes of policy formulation, planning and evaluation, promote research on issues of common interests, and develop a monitoring and evaluation process.
Source: NEPAD Secretariat, African Post conflict Reconstruction Framework

444397 S e s s i o n

MODULE M O D U L E 1 0 10

HANDOUT 3.0.2
Post conflict Reconstruction Phases
There seems to be a general agreement that most post conflict reconstruction systems proceed through three broad phases, namely, the emergency phase, the transition phase and the development phase. These phases should not be understood as absolute, fixed, time-bound or having clear boundaries. Some countries that form part of a regional conflict system may be in different phases of post conflict reconstruction. Similarly, different geographic, ethnic, language or religious regions or groups within a country emerging from conflict are likely to be in different phases. Any phased approach should also allow for considerable overlap in the periods of transition between phases. Planning or analysis based on these phases should thus take into account that these phases are not based on causal or chronological progression, but are determined by a wide-range of complex feedback and reinforcement mechanisms. 1. The emergency phase is the period that follows immediately after the end of hostilities. This phase has a dual focus, namely the establishment of a safe and secure environment and an emergency response to the immediate consequences of the conflict through humanitarian relief programmes. The emergency phase is characterised by the influx of external actors usually in the form of a military intervention to ensure basic security, and by humanitarian actors responding to the humanitarian consequences of the conflict. If there is still a high degree of instability, the military intervention may take the form of a stability operation. Such stability operations are likely to be undertaken by one of the sub-regional brigades of the African Standby Force or a coalition of the willing. Once the situation has been sufficiently stabilised, or if it was relatively secure from the onset of the cease-fire, the military force could form part of a multi-dimensional peace operation deployed, by the AU or the UN. The humanitarian actors will typically include various elements of the UN System, the International Committee of the Red Cross (ICRC) and a wide range of humanitarian donor agencies and NGOs. The emergency response will be coordinated by UN Humanitarian Coordinator (HC) supported by the Office for the Coordination of Humanitarian Affairs (OCHA). If a UN peace operation is deployed the HC is likely to be one of the Deputy Special Representatives of the Secretary-General (DSRSG). Preparations will be underway for medium-term rehabilitation and recovery and longer-term development actions and it is likely that some form of needs assessment process will be undertaken during the emergency phase, often culminating in an international donor conference. Internal actors are typically pre-occupied with basic survival and the re-organisation of their social and political systems. As a result external actors often play a prominent role during the emergency phase but they should nevertheless seek every opportunity to involve and consult with internal actors. Depending on the situation, the emergency phase typically ranges from 90 days to a year. 2. The transition phase derives its name from the transition from an appointed interim government, followed by, in the shortest reasonable period, some form of election or legitimate traditional process to (s)elect a transitional government, constituent assembly or some other body responsible for writing a new constitution or otherwise laying the foundation for a future political dispensation. The transitional stage typically ends with an election, run according to the provisions of the new constitution, after which a fully sovereign and legitimately elected government is in power. The transitional phase focuses on developing legitimate and sustainable internal capacity. The focus shifts from emergency relief to recovery, rehabilitation and reconstruction. Programmes include efforts aimed at rehabilitation of basic social services like health and education, rebuilding the

398 D U L E 1 0 MO

000 S e s s i oMODULE 10 n 1

economic infrastructure, short-term job creation through labour intensive public works, and establishing mechanisms for governance and participation. The security sector is likely to be engaged in transforming the existing police, defence and other security agencies so that they become representative of the communities they serve and so that they are re-orientated to their appropriate roles in the post conflict environment. The relationship between the internal and external players should reflect a growing partnership and a gradual hand-over of ever-increasing responsibility to the internal actors. There should be specific programmes aimed at building the capacity of the internal actors. The transitional phase typically ranges from one to three years. 3. The development phase is aimed at supporting the newly elected government and the civil society with a broad range of programmes aimed at fostering reconciliation, boosting socio-economic reconstruction and supporting ongoing development programmes across the five dimensions of post conflict reconstruction highlighted in the next section. The peace operation, and especially the military and police components, is likely to draw down and withdraw during the early stages of this phase. In the case of a UN peace operation there will be a transition of responsibilities to the UN Country Team and internal actors. The roles and responsibilities of the external actors will change from a post conflict reconstruction posture back to a more traditional development posture in the latter stages of the sustainable development phase, in other words, the internal actors develop the capacity to take full responsibility for their own planning and coordination, and the external actors provide technical assistance and support. The post conflict sustainable development phase; typically ranges from four to ten years, but the country is likely to continue to address conflict related consequences in its development programming for decades thereafter. The transition from one phase to the next is usually determined by the degree to which various conditions within each phase are met and the level of engagement required by the various actors at each level. However, these transitions are not linear and therefore programmes undertaken in one phase are likely to continue for a period into another phase.

444

399 s s i o n Se

MODULE 10 MODULE 10

HANDOUT 3.0.3
NEPADs approach on achieving post conflict reconstruction
NEPAD recognises that peace, security, democracy, good governance, human rights and sound economic management are conditions for sustainable development. The African Union Commission (AUC) and NEPAD structures are tasked with the responsibility of providing support services to the AU, the African leaders and country members of the AU in realising the implementation of the overarching socio-economic goals of NEPAD; to reduce poverty, place countries on the path to sustainable development and improve development performance. NEPAD, as a programme of the AU, has a responsibility to foster these pre-conditions of sustainable development throughout the continent, in particular, in countries emerging from conflict. The objective of NEPAD in terms of post conflict reconstruction was laid out at the second meeting of the HSGIC held in Abuja in March 2002. The HSGIC specifically requested the NEPAD Sub Committee on Peace and Security to: support efforts at developing early warning systems at continental and regional levels, including the development of strategic analysis and database systems; support post conflict reconstruction and development in all affected countries, including the rehabilitation of national infrastructure, the population as well as refugees and internally displaced persons, with a special focus on sustainable programmes of disarmament, demobilisation and rehabilitation; support efforts to curb the illicit proliferation, circulation and trafficking in small arms and light weapons in Africa; support efforts to promote democracy, good governance and respect for human rights through appropriate policy and institutional reforms; and assist in resource mobilisation for the African Union Peace Fund. For purposes of achieving the above mentioned objective, the NEPAD Strategic Plan 2004 -2007 further elaborated on its strategic goals in terms of peace and security: supporting the AU and the RECs; supporting national focal points; coordinating and harmonising the efforts of external actors; addressing the security needs in post conflict countries; supporting efforts towards justice and reconciliation; furthering the economic and social wellbeing of the citizens of post conflict countries, and working towards good governance and equalising citizen participation. NEPAD envisions achieving these strategic goals by facilitating and coordinating activities at a strategic policy, and an operational level. In this regard, the NEPAD Secretariats Mission statement is: To provide a platform to harness relevant knowledge for informed policy formulation and provide coordination services to the countries of the African Union for the development and implementation of NEPAD programmes through expertise, technology and organisational institutional support. NEPAD is uniquely situated to develop support mechanisms for post conflict reconstruction efforts and to compliment the political, peacemaking and peacekeeping actions undertaken by the AU.
Adapted from: African Post conflict Reconstruction Policy Framework

400 D U L E 1 0 MO

S e s s i oMODULE 10 n 1 000

HANDOUT 3.0.4
The Dimensions of a Post conflict Reconstruction System
Each post conflict reconstruction system is determined by the interaction of the specific internal and external actors present, the history of the conflict and the processes that resulted in some form of peace agreement. Although the specific configuration of the post conflict reconstruction system will be unique, it is possible to identify a broad framework of dimensions, phases and issues that appear to be common to most post conflict reconstruction systems. There seems to be general agreement that post conflict reconstruction systems contain the following five dimensions: 1. 2. 3. 4. 5. Security; Political transition, governance and participation; Socio -economic development; Human rights, justice and reconciliation; and Coordination, management and resource mobilisation.

A broad range of programme areas within each dimension is provided in Table 1.

The security dimension is responsible for ensuring a safe and secure environment that will enable the civilian humanitarian actors to undertake emergency relief, recovery, rehabilitation and reintegration operations which will prepare the ground for full-fledged reconstruction programmes. In the transitional phase the emphasis gradually shifts to security sector reform aimed at the development of appropriate, credible and professional internal security services. Programmes include security sector review, reform and transformation; disarmament, demobilisation and reintegration (DDR); small arms reduction strategies, and enhancing regional security arrangements. The political transition, governance and participation dimension involves the development of legitimate and effective political and administrative institutions, ensuring participatory processes, and supporting political transition. Aside from facilitating elections, programmes include strengthening public sector management and administration; establishing a representative constituting process; reviving local governance; strengthening the legislature; broadening the participation of civil society in decision-making process, and building the capacity of political parties and civil society for effective governance while giving former rebel groups a chance to turn themselves into viable political parties if they so wish. There is typically a focus on engendering a culture of rule of law based on existing or newly formulated constitutions, by supporting justice sector reform and related institutions. The transition phase should focus on the need to ensure plurality and inclusiveness, dialogue and the participation of all constituencies and stakeholders. During the development phase it is important to encourage and develop broad-based leadership at all levels; to build a shared purpose for the nation; to develop national capacity in terms of skills, mobilisation of resources and reviving national infrastructure; to promote good political and economic governance; develop checks and balances to measure progress; and finally, to institute a culture of long-term assessment of the impact of post conflict reconstruction activities and programmes.
Sources: Cedric de Coning, Civil-Military coordination and UN peacekeeping operations African Post conflict Reconstruction Policy Framework

The socio-economic development dimension covers the recovery, rehabilitation and reconstruction of basic social and economic services as well as the return, resettlement, reintegration and rehabilitation of populations displaced during the conflict including refugees and IDPs. This dimension needs to focus on an approach that ensures effective dynamic linkages between activities related to the provision of emergency humanitarian needs and longer-term measures for economic recovery, sustained growth and poverty reduction. It is also crucial that balance is struck on the relationship between social capital and social cohesion

401 444

Session

M OMODULE 1 0 D U L E 10

at all stages of the post conflict reconstruction process. Programmes to be implemented in this dimension include emergency humanitarian assistance; rehabilitation and/or reconstruction of physical infrastructure; provision of social services such as education, health, and social welfare; and enhancing economic growth and development through employment generation, trade and investment, and legal and regulatory reform. The human rights, justice, and reconciliation dimension is concerned with ensuring accountable judicial systems, promoting reconciliation and nation building, and enshrining human rights. Programmes include justice sector reform and establishing the rule of law; promoting national dialogue and reconciliation processes such as truth and reconciliation commissions, and monitoring human rights. A point often raised is the need to make definitions of human rights, justice and reconciliation accessible to all through the use of local languages and include these concepts in school curricula. A system, which accommodates both restorative and retributive justice, is recommended for Africa, which focuses on African values and includes African traditional mechanisms for conflict prevention, management and resolution. Post conflict reconstruction programmes within this dimension should also ensure creating an environment conducive to peace, justice and reconciliation; increasing the involvement of women at all levels; reparations, and providing participatory processes which include vulnerable groups. There is the need to rebuild trust and cross cutting social relationships which span across religious, ethnic, class, geographic and generational cleavages in war-torn societies. This is an investment in social capital which underlies the ability of a society to mediate everyday conflicts before they become violent conflicts, and through building relationships leading to advancement in social cohesion. Coordination, management and resource mobilisation are cross-cutting functions that are critical for the successful implementation of all the dimensions and the coherence of the post conflict reconstruction system as a whole. All these dimensions are interlinked and interdependent. No single dimension can achieve the goal of the post conflict reconstruction system addressing the consequences and causes of the conflict and laying the foundation for social justice and sustainable peace on its own. It is only when the combined and sustained effort proves successful in the long term that the investment made in each individual programme can be said to have been worthwhile. Coordination entails developing strategies, determining objectives, planning, sharing information, the division of roles and responsibilities, and mobilising resources. Coordination is concerned with synchronising the mandates, roles and activities of the various stakeholders and actors in the post conflict reconstruction system and achieves this through joint efforts aimed at prioritisation, sequencing and harmonisation of programmes to meet common objectives.
Source: African Post conflict Reconstruction Policy Framework

402 D U L E 1 0 MO

S e s s i oMODULE 10 n 1 000

HANDOUT 4.0.1
Overview of Post Conflict Situation in West Africa
For the international community, as well as for regional and national actors, post conflict is an important and delicate phase. The necessity and demand of strengthening the dynamics of exit from crisis together are likely to surpass a development approach without which it would be difficult to achieve lasting stability. There are existing post conflict strategic frameworks for defining steps, procedures and implementation plans in West Africa within international and regional organisations as well as in development cooperation agencies of OECD member countries. Through NEPAD, the African Union has a post conflict strategic framework whose appropriation and implementation is the responsibility of ECOWAS. In 1999 ECOWAS established a Mechanism for conflict Prevention, Management, Resolution of crises. It was reinforced in 2001 by a Supplementary Protocol on Democracy and Good Governance which supports a post conflict strategy for the region. In West Africa, post conflict currently concerns seven countries which can be grouped into three specific categories with regard to their ability to curb armed conflict: Countries in peace where State institutions function regularly but where stability linked to the suppression of rebellion is threatened by resurgence. This is the case in Mali and Niger which in the past have faced Tuareg rebellions. Countries in exit from crisis which are in the stabilisation phase while at the same time bearing the aftereffects of civil war. The DDR has been completed but its optimal impact has not yet been realised in terms of reconciliation, reinsertion and pacification of socio- political relations. This is the case for Guinea Bissau, Liberia and Sierra Leone. Countries in which a dynamic of exit from crisis has commenced but is more or less hampered; there has been rebellion aimed at the State power or on the periphery as independent crises. This is the case in Cte dIvoire and Senegal. The DDR has experienced difficulties in being launched or implemented due to lack of consensus of all the protagonists. These countries have post conflict strategies marked to a certain extent by their relative autonomy to the demands of a DDR. These diverse situations add to the multiplicity of the actors. This highlights the acuity of the policy coherence problems of actors involved in post conflict in the ECOWAS zone. It also shows the relevance of sharing DDR and post conflict experiences in order to benefit from them at the regional level with a view to an approach supporting the creation of a sustainable development policy in West Africa.
Source: Regional Working group on DDR, Post Conflict and Development, www.oecd.org

403 444

Session

MODULE 10 MODULE 10

HANDOUT 4.0.2
Case Study

1. The Liberian Crises

Background The roots of the conflict in Liberia can be traced to a multitude of factors. Among them are the longstanding marginalisation and exclusion of large parts of the society from political power and access to resources. Despite some modest economic growth, poverty remained widespread, particularly in rural areas. In 1980, President William A. Tolbert and thirteen of his aides were executed in a coup carried out by Master Sergeant Samuel Doe, who became Liberias first indigenous president. Does reign, however, was characterised by repression of political opposition and ethnic friction. Amid increasing political tensions, civil war broke out in 1989, when Charles Taylors National Patriotic Front of Liberia (NPFL), backed by Cote dIvoire, led an uprising against Doe. Taylor was also closely involved with the Revolutionary United Front (RUF) in Sierra Leone, from whom he acquired diamonds in exchange for weapons. By 1990, the NPFL had laid siege on Monrovia, and Samuel Doe was killed. From the outset of the Liberian civil war, the international community undertook several initiatives to reach a peaceful settlement, including the deployment of an ECOWAS observer force (ECOMOG) in 1990, and the negotiation of a peace agreement and establishment of the United Nations Observer Mission in Liberia (UNOMIL) in 1993. At a conference sponsored by ECOWAS and international partners in 1996, a new ceasefire was negotiated, which included a plan to disarm and demobilise troops and to hold free elections. Taylor won the elections held in 1997, which were deemed fair by international observers, although held in a climate of insecurity and fear. The UN established the United Nations Peace-building Support Office in Liberia (UNOL) as a follow-up to UNOMIL. By the end of the 1990s, amid international criticism of Taylors support to the RUF in Sierra Leone, resistance to his government grew within Liberia. A new rebel group, the Liberians United for Reconciliation and Democracy (LURD), supported by Guinea, began to attack Government forces from the North-West of the Country in 2000. Shortly thereafter, another faction, Movement for Democracy in Liberia (MODEL), began operating from the South-East. In 2003 these rebel groups rapidly advanced towards Monrovia. As the battle for the capital intensified, Taylor was indicted by a UN-backed Special Court for his involvement in the Sierra Leonean civil war. The warring factions had reached a standstill, and new peace negotiations began, which led to the signing of the Comprehensive Peace Agreement (CPA) by the Government, LURD, and MODEL forces on August 18 2003 in Accra, Ghana. Following intense international pressure particularly from the US, Taylor was forced to step down, and to leave the country into exile in Nigeria. In the CPA the parties requested the UN to deploy a force to Liberia to support the National Transitional Government which was envisaged under the CPA, and to assist in the overall implementation of the Agreement. One of the key sections of the Agreement defines provisions for the implementation of a DDRR Programme in Liberia, including the establishment of a National Commission for Disarmament, Demobilisation, Rehabilitation and Reintegration (NCDDRR). Subsequently, Security Council resolution 1509 (2003) established UNMIL under Chapter VII of the UN Charter, and included implementation of a DDRR programme in its mandate.

MODULE 10 404

Session 1 000 MODULE 10

DDR Strategy and Approach

DDRR mandate and provisions in CPA

By Security Council resolution S/RES/1509 (2003) of September 19 2003, UNMIL is mandated to develop, as soon as possible, preferably within 30 days of the adoption of this resolution, in cooperation with the JMC, relevant international financial institutions, international development organisations, and donor nations, an action plan for the overall implementation of a disarmament, demobilisation, reintegration, and rehabilitation (DDRR) programme for all armed parties, with particular attention to the special needs of child combatants and women; and addressing the inclusion of non-Liberian combatants (foreign fighters); and to carry out voluntary disarmament and to collect and destroy weapons and ammunitions as part of an organised DDR programme.

Aim and objectives of DDRR Programme

The key objective of the Liberian DDRR programme has been to disarm and demobilise combatants of the Armed Forces of Liberia (AFL), Government of Liberia (GOL), Liberians United for Reconciliation and Democracy (LURD), Movement for Democracy in Liberia (MODEL) and other paramilitary forces and militias, as well as to prepare for sustainable social and economic reintegration of former combatants in support of long-term peace and security in the country.

Eligibility criteria for DDRR Programme

In order to facilitate the disarmament and demobilisation process, the warring factions were requested and agreed to provide UNMIL with full and complete lists of their membership. These lists however were never made available and the DDRR Programme was launched without that information. Only combatants presenting serviceable weapons were eligible to participate in the DDRR programme and receive benefits. Unserviceable weapons were confiscated and logged. An exception was made regarding child combatants, children or women associated with the fighting forces (CAFF, WAFF) and disabled or wounded combatants. Each such applicant underwent a special screening process, carried out by representatives of child protection, women, or health agencies (such as UNICEF, WHO or UNFPA) in close cooperation with UNMIL Military Observers. This screening confirmed whether a particular person had participated in the fighting or been part of a fighting force, and was thus eligible to join the DDRR programme, despite not being able to present a serviceable weapon.
Source: United Nations Disarmament, Demobilsation and Reintegration Resource Centre

405 D U L E 1 0 MO

S e s s i oMODULE 10 n 1 000

Qualifying parameters for DD process: 1. Weapons


Approved Weapons No of personnel qualified per weapon Remarks

Rifle /Pistol RPG Launcher Light MG/ Medium MG/ Heavy MG 60 mm Mortar 81 mm Mortar 106/120/155 Mortar/Howitser AA Guns

1 1 2 2 3 6 4

Serviceable weapon only or no entry (no major parts missing)

Belt fed weapons only Tube, base plate and stand Tube, base plate and stand

2. Munitions
Approved Munitions Grenades RPG (Rocket and grenades) Smoke Grenade Ammunition No of personnel qualified 1 1 1 1 No of munitions 2 1 4 150 Single or linked Together or no entry (Not to be handed in as separate items) Remarks

406

MODULE 10

Operational Structure and Framework

The National Commission on Disarmament, Demobilisation, Rehabilitation and Reintegration (NCDDRR), an institution established by the peace agreement in August 2003, was tasked with supervising the implementation of the DDRR programme. The NCDDRR comprised representatives of relevant authorities of the National Transitional Government of Liberia (NTGL), the previous Government forces, LURD, MODEL, ECOWAS, the United Nations, the African Union and the International Contact Group on Liberia (ICGL). In all, 48 former generals, 16 from each faction, assisted the NCDDRR to facilitate the DDRR process, and to motivate combatants to participate. In order to facilitate the implementation of the DDRR programme, the NCDDRR, UNMIL, and UNDP formed the Joint Implementation Unit (JIU), a working mechanism for carrying out the planning as well as the day-today operations of the programme.

Area of Activity
Disarmament
A total of 101,495 combatants and persons associated with the fighting forces were disarmed and demobilised during the Phase I, II and III of the Liberian DDRR Programme, including 22,370 women, 8,523 boys and 2,440 girls. 60% of the total caseload were registered as members of the Armed Forces of Liberia (Government forces), 28% were combatants for LURD, and 12% for MODEL. During the disarmament and demobilisation, all in all, 28,314 weapons, 33,604 heavy munitions and 6,486,136 rounds of small arms ammunition were surrendered. The weapons include 21,286 assault rifles (such as AK47), 715 machine guns, 665 pistols, 1,841 RPGs, 208 mortars and 3,599 miscellaneous weapons. The heavy munitions include 12,512 mortar bombs, 9,001 RPGs, 10,975 hand grenades, 12 surface-to-air missiles and 1,101 miscellaneous munitions. In addition, 2,332 unserviceable weapons were collected which are not included in the earlier figures.

A ratio of combatant per surrendered weapon/ammo is as follows: Qualifying Weapons Qualifying Weapons Rifle (1/person) Rifle (1/person) (minus 380 in weapons caches) (minus 380 in weapons caches) Machine gun (1/person) Machine gun (1/person) Pistol (1/person) Pistol (1/person) RPG (1/person) RPG (1/person) Misc (1/person) Misc (1/person) Total Total
21,286 20,906 715 665 1,841 416 3,599 28,142

21,286 20,906 715 665 1,841 416 3,599 28,142

Mortar tube complete (2 persons xx208) Mortar tube complete (2 persons 208)

Source: United Nations Disarmament, Demobilsation and Reintegration Resource Centre

Source: United Nations Disarmament, Demobilsation and Reintegration Resource Centre

Qualifying Ammunition
Small arms ammo

6,486,136 rounds = 5,791,336) 38,609

(minus 694,800 in caches 150 rounds/1 person

407 444

Session

M OMODULE 1 0 D U L E 10

(minus 694,800 in caches 150 rounds/1 person RPG rounds (1/person)


RPG rounds (1/person) Mortar rounds (1/person) Mortar (minusrounds (1/person) caches) 1,490 in ammo

= 5,791,336) 38,609 9,001


9,001 12,512 12,512 11,022

Hand grenades 10,975 (2 for 1 person) SAM


SAM Hand grenades 10,975 (2 for 1 person)

(minus 1,490 in ammo caches)

5,488 12 1,104
12

11,022 5,488

Misc (1/person) Total


Total Misc (1/person)

65,236 93,378

1,104

Grand Total
Grand Total

65,236 93,378

Qualifying Ammunition
Given the above criteria of weapons/ammo required to qualify, with 101,495 persons who entered the DDRR Programme, the ratio is 1.09 persons per weapon/ammunition. However, if one considers that certain groups of DDRR candidates did not require weapons or ammunition to enter the programme, the ratio of weapons to combatants is even higher. The 101,495 ex-combatants in the programme include 33,333 WAFF and CAFF (22,370 women, 8,523 boys and 2,440 girls), and an estimated 1,000 wounded or disabled combatants. Hence only 67% (68,162) of those who were disarmed and demobilised actually had to surrender a weapon or ammunition in order to qualify for the programme. Taking into account these factors leads to an amended ratio of 1 person per 1.4 weapons/ammunition.

Demobilisation

Eight disarmament and demobilisation cantonment sites were established throughout the country, namely in Buchanan, Ganta, Gbarnga, Harper, Monrovia (VOA), Tubmanburg, Voinjama and Swedru. In order to avert an overflow of the cantonment sites, and to prevent combatants from traveling large distances with their weapons, pick-up points were established, from where combatants were transported to the disarmament and cantonment sites. Cantonment sites provided separate facilities for men, women, girls and boys. Child-friendly spaces were set up within the sites; however, children were not to spend more than 72 hours at the cantonment sites. After disarmament, children were received in Interim Care Centres, where they stayed for several weeks before being reunited with their families. The ICCs provided a neutral space for children between participation in hostilities and return to the community. Programmatic interventions related to children were planned and implemented by the Child Protection Working Group, which besides UNICEF comprised about 40 partners (international and national NGOs, UN Agencies, and ministries).

MODULE 10

Session 1

000

408

MODULE 10

DD timeline Phase Phase 1: Phase 2: Location Camp Schieffelin Gbarnga Buchanan Tubmanburg VOA Dates 7 Dec, 2003 1st Jan, 2004 15 April, 2004 - 26 July, 2004 20 April, 2004 - 5 July, 2004 25 April, 2004 - 14 Sept, 2004 30 May, 2004 - 8 Sept, 2004

Phase 3:

Swedru Ganta Voinjama Harper

7 July, 2004 - 31 Oct, 2004 17 Aug, 2004 - 31 Oct, 2004 8 Sept, 2004 - 31 Oct, 2004 29 Sept, 2004 - 31 Oct, 2004

Mobile operations:

Barclayville Greenville Fassama Foya-Kolahun-Vahun 48 generals (16 of each faction) Special Operations Division

23-26 Oct, 2004 24 Oct, 2004 4 Nov, 2004 29 Oct, 2004 - 23 Nov, 2004 4-5 Nov, 2004

4-5 Nov, 2004

409

MODULE 10

Phase 1: 7 Dec 2003 - 1 Jan 2004

A disarmament and demobilisation exercise was launched on 7 December at a cantonment site at Camp Scheiffelin, on the outskirts of Monrovia. More than 12,000 combatants, largely former government soldiers and militias, presented themselves for disarmament, overwhelming the facilities. Problems also arose over misunderstandings concerning the benefits they were to receive. Disturbances caused by disgruntled elements ensued during the next three days at Camp Scheiffelin and in Monrovia. The situation improved after UNMIL provided the ex-combatants with an initial stipend after they had disarmed. The disarmament, demobilisation, reintegration and repatriation process was suspended on 17 December. At the time of suspension, 12,664 combatants had been disarmed, registered and given receipts as identification for their participation in the demobilisation, rehabilitation and reintegration process, and 8,686 assorted weapons had been collected.

Phase 2: 15 April, 2004 - 8 Sept, 2004

UNMIL successfully re-launched the disarmament, demobilisation, rehabilitation and reintegration programme on 15 April at a cantonment site in Gbarnga for LURD combatants. Subsequently, further cantonment camps were opened, on 20 April in Buchanan (for MODEL), on 25 April in Tubmanburg (for LURD) and on 30 April at a site named Voice of America, near Monrovia (for former government forces). Disarmament also commenced for ex-Government of Liberia militias at Kakata on 6 May and in the Buchanan cantonment site initially used for MODEL combatants on 7 May.

Phase 3: 7 July, 2004 - 31 Oct, 2004

The third phase of the programme got under way, with disarmament being carried out in several remote border areas of the country. New cantonment sites were opened in Swedru on 9 July (for MODEL) and Ganta on 14 August (for the former Government of Liberia forces). In the meantime, disarmament and demobilisation operations at the cantonment sites at Gbarnga (for LURD) and Buchanan (for MODEL) were suspended on 5 July and 26 July respectively, upon the completion of combatant caseloads in those areas. Other sites were opened during September. The disarmament and demobilisation exercise officially ended on 31 October, as unanimously agreed upon by the National Commission for Disarmament, Demobilisation, Rehabilitation and Reintegration. On November 2, 48 senior commanders from the three armed factions handed in their weapons and demobilised in a symbolic ceremony. Subsequently, on 3 November, the three armed factions signed a joint declaration attesting to the completion of disarmament and demobilisation and acknowledging the cessation of their military existence with the disbandment of their forces and command structures. On November 2, the National Commission for Disarmament, Demobilisation, Rehabilitation and Reintegration agreed that UNMIL would continue to conduct mobile disarmament operations in locations that were difficult to access, such as Barclayville in Grand Kru county, and Foya, Kolahun and Vahun in Lofa county.
Source: United Nations Disarmament, Demobilsation and Reintegration Resource Centre

Rehabilitation and Reintegration

For ex-combatants, having acquired civilian status through disarmament and demobilisation, reintegration and rehabilitation can be defined as the process by which they re-establish their livelihoods, and gain acceptance as productive members of the receiving communities. This includes eliminating the psychological and material dependence of ex-combatants on previous command structures, typical of the time of conflict. In Liberia, the first rehabilitation and reintegration programmes for those who had gone through the DD process were launched in June 2004. The main options available to participants are formal education, including computer training, and vocational skills training, including on agriculture. During the DD phase, excombatants were asked to identify their preference in terms of reintegration and rehabilitation projects. 410 D U L E 1 0 MO 000 S e s s i oMODULE 10 n 1

Formal education is available to beneficiaries at schools across the country, and lasts for a period of three years. Beneficiaries are supported in terms of school uniforms, school fees, and subsistence allowance during the first two years. By November 2006, 22,000 participants had enrolled in formal education courses, with an additional 8,000 registered for courses starting before the end of the year. Vocational training is offered in a variety of trades, such as carpentry, masonry, tailoring, or auto mechanics. Agricultural skills training are also available in several counties. Vocational skills training projects are usually implemented by local partner institutions, which undergo a process of assessment and approval by the JIU. As of November 2006, about two thirds of the total caseload of beneficiaries have been allocated to programmes and projects sponsored through the DDRR Trust Fund, which is administered by UNDP. The remaining beneficiaries are covered by programmes that are sponsored and implemented by a variety of partners, among them UNICEF catering to CAFFs, and bilateral partners such as USAID and the EC. By the end of October 2006, 32,876 ex-combatants (25,597 male and 7,279 female) have already completed the reintegration programme. Another 26,956 are currently enrolled either in the formal education, vocational skills training or apprenticeship schemes (21,238 male and 5,717 female). By the end of November 2006, a total of 60,000 beneficiaries will have completed or be participating in the programme. The JIU has recently launched a third cycle of RR projects under the DDRR Trust Fund. Nine new RR projects are already approved, which will accommodate nearly 4,000 beneficiaries. An additional 7,000 beneficiaries have signed up for participation in the formal education programme. This brings the outstanding caseload of beneficiaries to be covered by the Trust Fund to about 5,000. In addition, there are still about 22,000 beneficiaries who are waiting to be placed in reintegration programmes sponsored and implemented by parallel programme partners, which include bilateral donors and agencies. Of the demobilised combatants, 44% have chosen Montserrado (Monrovia with its immediate surroundings) as their preferred resettlement location, while 12% opted for Bong County and 10% for Nimba County. In support of rehabilitation and reintegration, six NCDDRR Regional Referral and Counseling Offices have been established, namely in Buchanan, Gbarnga, Harper, Monrovia, Voinjama and Swedru. The offices currently focus on registration, validation, monitoring, and tracking for the vocational skill training and formal education programme, as well as on psycho-social counseling and reconciliation for the demobilised beneficiaries and the host communities.

Community Arms Collection and Development

Since the end of the disarmament and demobilisation programme in 2005, UNMIL continued to collect and destroy residual weapons and ammunition that were voluntarily surrendered or discovered through search operations. A coordination group comprising representatives from UNMIL, the United Nations Childrens Fund (UNICEF), UNDP, the Liberian National Police and the Liberian National Commission for Small Arms and Landmine Action (an international non-governmental organisation) has been established to streamline efforts to eliminate small arms and light weapons from Liberia. The coordination group has prepared a common strategy, which includes modalities for the collection and disposal of unexploded ordnance and explosive remnants of war, and mine risk education. The groups work is complemented by the UNDP Community Arms Collection for Development programme which is currently being implemented in Lofa, River Gee, Maryland, Nimba, Grand Gedeh and Bong Counties (see the section on Current Challenges and Latest Updates below for further information on these programmes).

411 444

Session

M OMODULE 1 0 D U L E 10

Gender and DDRR

Specific outreach efforts were necessary to encourage women to join the DD process. Women were sometimes unaware of the programme, or assumed participation was open only to men. Ensuring the participation of girls proved to be particularly challenging. Girls were often reluctant to identify themselves as fighters, or as being associated with the fighting forces out of fear of stigmatisation, which played a much greater role for girls and women than for men and boys. UNMIL developed messages and organised awareness campaigns to encourage women and girls to participate in the DDRR process, and to sensitise receiving communities. Cantonment sites offered separate facilities for men and women, and for girls and boys. Gender-sensitive planning for services and provisions made at these sites was found to be paramount in order to adequately address the specific needs of women and girls. This included the gender-sensitive recruitment of Service Providers at the cantonment sites, and specific health care provisions, for example, for mothers of infants or nursing mothers. So far, 51% of all eligible women have accessed the RR programme, and 58% of all eligible girls. Yet increased efforts have to be undertaken to ensure that all female beneficiaries are aware of the opportunities available to them, and do have the necessary support to access them.

Foreign ex-combatants

During the disarmament and demobilisation, 612 ex-combatants identified themselves as foreign nationals (1 from Ghana, 308 from Guinea, 50 from Ivory Coast, 4 from Mali, 7 from Nigeria, 242 from Sierra Leone). As of October 2006, 325 of the 612 have accessed the Reintegration and Rehabilitation programme which is open to all those who have participated in the disarmament and demobilisation process. They participated either in formal education courses or in vocational skills training. In addition, 55 children have been reunified with their families in their countries of origin by UNICEF and the ICRC. Currently foreign ex-combatants are being tracked and solutions are under development for their sustainable reintegration and/or repatriation. This necessitates a regional dialogue and consultation process, which has also been initiated. 435 Liberian combatants, who had crossed the border into Sierra Leone during the height of the Liberian conflict, were brought back in April 2005 through a joint initiative by the Government of Liberia, the Government of Sierra Leone, and UNMIL. The group included members of the Armed Forces of Liberia (AFL), as well as combatants of various militias.

Ex-combatants and Natural Resources

Lacking employment and livelihood opportunities, ex-combatants in Liberia have been involved in the illicit exploitation of natural resources. Most prominently, two of Liberias major rubber plantations have been illegally occupied by ex-combatants after the end of hostilities in 2003. In 2006 UNMIL and the Government of Liberia have strengthened their efforts to reach a peaceful resolution to the occupancy of rubber plantations by excombatants. Within the framework of a Joint Government-UN Task Force, UNMIL assisted the Government to re-establish state authority over Guthrie, one of the two plantations that have been occupied by ex-combatants. The security situation in Guthrie has improved dramatically through these interventions, and Liberia National Police as well as a Magistrate Court are now serving communities living inside the plantation. More than 200 registered ex-combatants who resided on the plantation have registered for participation in the reintegration and rehabilitation programme, and most of them have re-located to their counties of origin. Others have decided to remain in the plantation and seek employment with the new management team, which the Government has established as an interim measure, until a credible investor has been found.
Source: United Nations Disarmament, Demobilsation and Reintegration Resource Centre

412 MODULE 10

MODULE 10 Session 1 000

Current Challenges and Updates


In August/September 2006, UNMIL RRR section conducted a survey on ex-combatant reintegration, which complemented information and analysis available from earlier studies including Key Findings from the Nation Wide Survey of Ex-combatants in Liberia: Reintegration and Reconciliation February-March 2006 conducted by UNDP in February-March of 2006. This update focused on comparing the situation of ex-combatants that have participated in the RR programme with those that only disarmed and demobilised. Overall status: About 8% of ex-combatants currently enrolled in reintegration training programmes experience an improvement in their socio-economic situation compared to other categories of ex-combatants. However, there was only a marginal difference between the socio-economic situation of ex-combatants that had completed training and those that had only disarmed and demobilised. Acceptance (self-reported): The proportion of ex-combatants that reported that they did not have any problems gaining acceptance from their neighbours remained consistent at 93%. Acceptance (perceived): Overall, the proportion of ex-combatants who believed that the community viewed them with acceptance has risen from 66% to 73%, which is encouraging. Programme completers continue to perceive acceptance from the community at a higher rate than non-participants (64% vs. 55%) and the proportion of programme completers that believes the community looks upon them with fear has decreased from 20% to 4%. Employment: Nearly 28% of the sample reported that they are unemployed, which is similar to previous findings. Unemployment varies widely however, from region to region. Programme completers report the highest unemployment rate, and those currently enrolled in programmes report the lowest. This and other surveys show that providing skills training or education is just one step on the path towards sustainable reintegration. Programmes need to strengthen their impact on communities as a whole, and help to create employment and income generating opportunities. Weapons Collection: Since the formal closure of the Disarmament and Demobilisation process, UNMIL has continued to collect and destroy weapons, ammunitions, UXOs or ERWs that are submitted or found by Liberians. As of November 2006, UNMIL has collected and destroyed a cumulative total of 632 weapons, 74,403 rounds of ammunition, 1,002 unexploded ordnances (UXOs), and 11,622 assorted spares and miscellaneous parts. Under the UNDP Community Arms Collection for Development programme (CACD) 230 rifles and guns, 19,935 rounds of ammunition, 457 magazines, bayonets and spares, and 289 UXOs have been collected since its launch in January 2006.
Source: United Nations Disarmament, Demobilsation and Reintegration Resource Centre

The Nation-wide Survey of Ex-combatants

413 444

Session

M OMODULE 1 0 D U L E 10

HANDOUT 4.0.3
LIBERIA:
From DDRR to RRR (Reintegration, Rehabilitation and Recovery Programme) Security Council Resolution 1509 mandates UNMIL to organise the implementation of a disarmament, demobilisation, reintegration, and repatriation (DDRR) programme for all armed parties, and encourages UNMIL, within its capabilities and areas of deployment, to support the voluntary return of refugees and internally displaced persons. The disarmament and demobilisation of ex-combatants was completed by the end of 2004, including the collection of weapons and ammunition. Subsequently, UNMIL merged its DDRR Unit into the RRR Section under the Deputy Special Representative of the Secretary-General for Recovery and Governance, which (together with the Government of Liberia, the UN Country Team, NGOs and other partners) launched a comprehensive reintegration, rehabilitation and recovery programme for the demobilised and other waraffected populations.

Target Population

Efforts with regard to reintegration, rehabilitation and recovery in Liberia focus on war-affected populations, a target group that includes ex-combatants, returned refugees, returned IDPs, and the communities that receive these groups.

Role of the UNMIL RRR Section

RRR supports the consolidation of a sustainable and just peace in Liberia by

promoting the reintegration of war-affected populations, including ex-combatants, returnees, and host communities; fostering the creation of employment and rehabilitation of vital infrastructure especially in areas of return; contributing to the national recovery process, with a particular focus on the socio-economic recovery of communities.

Reintegration and rehabilitation should lead to a situation of equal political, social and economic opportunities for war-affected populations and receiving communities, and eliminate exclusion of vulnerable groups.

Internal Functions

External Functions

Monitoring of the situation of war-affected populations on the ground; Undertaking risk assessments; Providing UNMIL strategic direction with regard to RRR-related issues.

Building the capacity of national stakeholders and providing practical support; Coordination and policy advice to other stakeholders active in RRR; Direct support to implementing partners and local authorities regarding project planning and implementation.

The RRR Section currently has six field offices, which cover all counties in Liberia.

414 D U L E 1 0 MO

000 S e s s i oMODULE 10 n 1

Reintegration, rehabilitation and recovery are broad societal processes that depend on inputs from a multitude of stakeholders, and even more so on the support and engagement of the people of Liberia themselves. While the primary responsibility for the successful reintegration, rehabilitation and recovery of war-affected populations rests with the Government of Liberia, many partners contribute to their realisation.

ACTIVITIES
Reintegration and Rehabilitation programme for ex-combatants
The RR programme is open to all persons who have gone through the Disarmament and Demobilisation process. It provides vocational skills training, formal education, apprenticeship, or employment opportunities. Vocational skills training programmes usually last for nine months. During the training, beneficiaries are supported with monthly subsistence allowance, and they receive a toolkit upon graduation. Formal education programmes can last up to three years. In addition to free tuition, beneficiaries receive the full monthly subsistence allowance during the first year, a reduced amount during the second, and none during the third year. The RR programme is sponsored by a UNDP-administered Trust Fund, and by parallel programme partners. The Trust Fund is expected to draw to a close in 2007. A total of 101,874 persons (among them 22,370 women) have been disarmed and demobilised in Liberia and are eligible for reintegration assistance. So far, over 75,000 persons have accessed a reintegration opportunity under the RR programme. Of those, about 35,000 have enrolled in formal education schemes. About 40,000 have completed or are currently participating in vocational skills training and other projects. Among those who participated in the disarmament and demobilisation process were 11,780 children (9,042 boys and 2,738 girls). Nearly all children have been reunited with their families. The RR programme includes targeted interventions for Children Associated with the Fighting Forces (CAFFs), which are coordinated by UNICEF. The number of foreign ex-combatants disarmed and demobilised in Liberia stands at 612. RRR seeks to develop sustainable solutions regarding their reintegration, and to develop strategies to prevent the rerecruitment of Liberian ex-combatants, or a new cycle of recruitment into conflicts in neighbouring countries. ICRC, in cooperation with UNICEF, has repatriated 55 foreign children associated with the fighting forces to their countries of origin. All of them have been reunited with their families. Within the framework of the Joint Implementation Unit (JIU), and in close collaboration with UNDP, RRR helps to strengthen the capacity of the National Commission for Disarmament, Demobilisation, Reintegration and Rehabilitation (NCDDRR), whose regional referral offices are to be the main contact points in the counties for all issues related to DDRR.

Joint GoL/UN Task Force on Rubber Plantations

RRR continues to assist the Government in re-establishing control over Liberias rubber plantations, particularly with regard to finding reintegration solutions for the ex-combatants currently involved in the illicit exploitation of some of these plantations. In early 2006, a Task Force was formed by the President of Liberia and UNMIL SRSG in order to address problems in Liberias rubber sector, bringing together a wide array of stakeholders from the Government, the UN, and the private sector under the chairmanship of the Minister of Agriculture.

415 444

Session

M OMODULE 1 0 D U L E 10

The Task Force undertook assessment visits to seven major rubber plantations in Liberia (Cavalla, Cocopa, Firestone, Guthrie, Liberian Agricultural Company (LAC), Salala, Sinoe). Based on these site visits and extensive consultations with stakeholders, the Task Force identified several areas of concern and made comprehensive recommendations for future action. Both are outlined in the final Task Force report, which was presented to the President on May 23, 2006. She subsequently extended the mandate of the Task Force and entrusted it with overseeing the implementation of the recommendations made in its report. As a first priority, the Government and its Task Force partners looked into the situation on those plantations that are still illegally occupied by ex-combatants and other groups, namely Guthrie and Sinoe plantation. A multi-dimensional strategy was developed by the Government in order to ensure a peaceful and smooth repossession of the plantations. This strategy focuses on restoring state authority and the rule of law in the plantations, with the aim of improving the situation of resident communities, preventing the loss of Government revenue, and contributing to peacebuilding by reintegrating ex-combatants.

Employment Creation and Recovery

Skills training or education is just one step on the path towards sustainable reintegration. Employment is an essential factor for enabling war-affected populations to establish livelihoods, and to ensure effective and sustainable reintegration. Therefore, RR programming focuses on the creation of employment opportunities, short or longer term, in close collaboration with the GoLs LEEP and LEAP programmes, the Ministry of Public Works, and the Ministry of labour. Infrastructure for Employment: RRR assists actors on the ground in rehabilitating critical infrastructure such as roads and bridges, focusing particularly on areas of return and/or border areas. By using labour-intensive methods, these initiatives create short-term employment for thousands of community members and waraffected populations. By enhancing accessibilities and facilitating movement and transport, they also help to revitalise local economies and trade. One major initiative in this area is labour-intensive road rehabilitation implemented jointly by UNMIL and UNDP in close coordination with the Ministry of Public Works, with funding from the World Bank. The primary aim of the joint UNMIL-UNDP-WB programme is to lessen the countrys high level of unemployment, while improving the deplorable conditions of vital roadways. So far, over 11,000 short-term jobs have been created in road repair works with the support of UNMIL across the country.

Livelihoods

RRR supports the coordination of initiatives that assist communities throughout Liberia to re-establish livelihoods after fourteen years of war. In the agricultural sector, for example, RRR supports partners that provide communities with agricultural tools, seeds, and training on farming techniques. These activities are matched by the rehabilitation of community infrastructure, the reorganisation of market systems, and the revitalisation of trading and manufacturing.

Recovery

RRR is engaging an open dialogue with the newly elected Government in order to ensure that issues pertaining to the reintegration and rehabilitation of war-affected populations are taken into consideration within national planning for recovery and development, such as the Interim Poverty Reduction Strategy Paper (IPRSP), and the Common Country Assessment/United Nations Development Assistance Framework (CCA/UNDAF). RRR also supports the work of the recently formed Early Recovery Cluster by facilitating the Sub-Cluster on Infrastructure Rehabilitation.
Source UNMIL www.unmil.org

416 D U L E 1 0 MO

S e s s i oMODULE 10 n 1 000

HANDOUT 7.0
Analysis of Truth and Reconciliation Reports Case: TRC of Sierra Leone
The Truth and Reconciliation Commission made findings in relation to the causes, nature and extent of violations and abuses in respect of the armed conflict in Sierra Leone. In particular, the Commission deliberated on the question of whether such violations and abuses were the result of deliberate planning, policy or authorisation by any government, group or individual. The Commission by necessity devoted its energies to building the totality of the story of the conflict. Although specific cases were investigated, these were events that either served to illustrate the greater story or incidents that in themselves defined the nature and course of the conflict. The Commission commenced its primary findings with the conclusion that the conflict and the independence period preceding it represented the most shameful years of Sierra Leone's history. These periods reflected an extraordinary failure of leadership on the part of many of those involved in government, public life and civil society. No enlightened and visionary leaders emerged to steer the country away from the slide into chaos and bloody civil war. The conclusions and findings of the Commission were set out into the following topics:


417 444

Nature and Characteristics of the Conflict; Perpetrator Responsibilities; Military and Political History (includes individual and faction specific-findings); External Actors; The Judiciary, the Rule of Law and the Promotion of Human Rights; Youth; Children; Women; Mineral Resources; TRC and the Special Court for Sierra Leone.

Recommendations

The Commission's recommendations included: The call upon leaders at all levels to be more committed in the new spirit of leadership; A call on all those in the public sector to usher in a new culture of ethics and service to fight the scourge of corruption which saps the life-force of Sierra Leone; The enshrining of the right to human dignity and the abolition of the death penalty; Need to uphold freedom of expression which is the lifeblood of a vibrant democracy; The introduction of a common and equitable citizenship which will promote a new patriotism and devotion to Sierra Leone; Need to strengthen democracy, the rule of law and institutions of accountability; New principles of National Security, which reflect the will of Sierra Leoneans to live in peace and harmony; Recommendations to bring government and service delivery to people throughout Sierra Leone.

Source: Special Court for Sierra Leone, Overview of the Sierra Leone Truth and Reconciliation Report. October 2004

Session

MODULE 10 MODULE 10

HANDOUTS 8.0.1
Indigenous reconciliation processes in Africa 1. Mato Oput by the Acholi people of northern Ugandan
A bitter drink known as Mato oput by the Acholi people of Northern Ugandan have been thought of as an ingredient for peace between the Ugandan government and the rebel Lord's Resistance Army (LRA). Mato oput is the ritual climax of an Acholi justice process for bringing reconciliation in the wake of a homicide within the community. This ceremony was placed on the agenda of peace talks held in the southern Sudanese capital, Juba, reflecting the earnest search for alternatives to address the grave crimes which have characterised two decades of war in northern Uganda. Having seen the LRA escape to neighbouring DR Congo and UN troops abort a mission to arrest suspects - including LRA leader Joseph Kony - Uganda's president Yoweri Museveni has said the LRA should instead acknowledge their crimes to victims and subject themselves to traditional justice within Uganda. Uganda's Amnesty Act, introduced six years ago, provides a legal framework for this. It recognises traditional justice mechanisms like mato oput, and promotes community reconciliation. Like many African communities, the Acholi believe that deep social rifts are caused by killings and require elaborate reconciliation mechanisms to restore fractured relations. Mato oput is performed after a mediated process has brought together two families and clans. The offender accepts responsibility, asks for forgiveness and must make reparation to the victims. The perpetrator and the victim's family then share the root drink from a calabash, to recall and bury the bitterness of the soured relations. Another Acholi ritual, gomo tong - the bending of spears - symbolises the ending of hostilities between groups and is also preceded by discussion and truth-telling. Other cleansing rituals are already used to welcome former LRA combatants into the communities. This option, however, is threatened by the war crimes indictments issued by International Criminal Court for four senior LRA commanders. After the disempowerment and indignity inflicted by war, Ugandans are now seeking an active role in resolving this conflict which has torn apart the fabric of their lives and reduced them to observers of their own fate. In opting for participatory local justice within their communities they are re-asserting lost dignity. None of these are perfect processes, and neither are they beyond improvement. Everywhere tradition is adapted to answer more complex modern needs; this affirms Africa's confidence in her ingenuity and rich heritage.

2. The Traditional Gacaca Courts in Rwanda

Mukandoli was a schoolgirl when a group of militias manning a roadblock near her village of Bishenyi, close to the Rwandan capital, Kigali, seized her. She was taken to a nearby village and raped by 10 men. One of the militia leaders asked her to make a choice: become a wife or be killed. She became a wife. Later, she learnt that her family had all been killed. That was in 1994. Now 32, Mukandoli is struggling to accept that it is possible to forgive her tormentors. Mukandoli believes that there is no reconciliation before pardon if security for genocide survivors can be provided; there can be hope for possible reconciliation with the killers. Mukandoli is just one of the thousands of Rwandan women who suffered abuse during the 100 days of genocide when Hutu militias turned their guns and machetes on Tutsis and moderate Hutus. Rwandan scholars say more than one million people were killed between April and July 1994. Hundreds of thousands of women and girls suffered various forms of sexual violence.

418 MODULE 10

MODULE 10 000 Session 1

According to AVEGA-AGAHOSO, an NGO for genocide widows, 80 percent of its 25,000 members suffered sexual abuse during the genocide. Rwandan officials, pushing for a long-term solution, initiated traditional gacaca courts to try some of those responsible for crimes committed during the genocide, and to decongest the prison system. "Reconciliatory justice is an important stage in the eradication of the culture of impunity [and] in the process of reconciliation," Domitille Mukantaganswa, executive secretary of the national authority in charge of gacaca courts, said. According to the authority, the courts were set up because classic justice didnt meet expectations - after five years, only 6,000 out of 12,000 suspects had been tried. The 12,103 gacaca courts, manned by about 250,000 judges, elected by the local population, were therefore a strategy to expedite justice. Mukandoli and other survivors are sceptical, however, arguing that the process does not offer adequate protection. Thodore Simburudali, head of the umbrella organisation for genocide survivors, known by its local name Ibuka, which means "remember" in Kinyarwanda, concurs. The authorities, he said, were reluctant to arrest and prosecute all those charged with killing genocide survivors. Even those charged are released for flimsy reasons, he added. "It is unbelievable to talk about reconciliation when the criminals are freed for the simple reason of having repented their crime publicly," he said. However, Samson Gwakwavu, a 40-year-old perpetrator, who was freed by a gacaca court, insisted that the system offers true reconciliatory justice. "It was difficult to believe that there could be a presidential pardon for such acts," he said while doing community service for agreeing to testify before a gacaca court.

3. Fambul Tok: Community Healing in Sierra Leone

Since the countrys eleven-year-long war ended in 2002, an internationally-designed Truth and Reconciliation Commission has come and gone, while the United Nations backed criminal court is about to wrap up its final deliberations in the prosecutions of the handful of men deemed most responsible for fomenting the conflict. Despite millions of dollars spent on these proceedings, neither body has succeeded in fundamentally changing the daily lives of Sierra Leoneans who still grapple with the aftermath of war.

Fambul Tok Creole for Family Talk is a new national initiative that addresses that need for change. A three-year-long program built on traditional methods of reconciliation at the community level to help foster lasting and sustainable peace, Fambul Tok is a partnership between Forum of Conscience, a Freetown-based human rights organisation, and Catalyst for Peace, a U.S.-based foundation which supports locally rooted reconciliation processes in post conflict African societies. Fambul Tok is a familiar phrase to Sierra Leoneans, one which implies the safety of a family circle for discussing and resolving issues. The initiative, which embodies that sentiment, is designed to draw all members of the nations post-war society whether victims, offenders, or witnesses back into the Sierra Leonean family. Over the course of three years, 161 traditional reconciliation events spread across the nations fourteen districts will be held, each one developed and guided by local chiefdom reconciliation committees made up of respected members of the community, including elders, women, youth and religious leaders.

419 444

Session

MODULE 10 MODULE 10

This community healing process of reconciliation and forgiveness is designed to address the roots of conflict at the local level, and to restore dignity to the lives of those who suffered from violence. The work will help war-affected individuals reflect on the past in ways which will enable them to be a part of averting renewed aggressions. And it will also help create healthy communities capable of building new foundations of peace through honoring traditional methods of reconciliation. Fambul Tok answers the call of Sierra Leones official Truth and Reconciliation Commission to create local reconciliation activities. And its organisers draw on extensive nation-wide networks developed as part of the Truth and Reconciliation Working Group. Fambul Tok is a distinctly Sierra Leonean initiative, rooted not in western concepts of crime and punishment but in communal African sensibilities which emphasise the need for communities to be whole with each member playing a role if peace and development are to be achieved for the nation. Fambul Tok is rooted in consultative processes, including research and collaboration with other programs to create maximum impact in the community healing process in Sierra Leone. The Inter-religious Council of Sierra Leone and the Centre for Justice and Peacebuilding at Eastern Mennonite University (USA) are among those programs offering support and insight into this work. Fambul Tok is inspired by the conviction that each person has the power, goodness and capacity to contribute to society in helpful and healthy ways. When people experience violence and hurt, those innate capacities can become dormant, often causing individuals to act in ways contrary to their nature. We will support individual and community healing through traditional practices which have proved useful in other community contexts, aided by local leaders who can provide guidance and moral support in the process of forgiveness and reconciliation. As these activities take root at the community level, local networks will be created to gather and share the wisdom that has been generated. These networks will provide opportunities for on-going learning, and will continue to build on local resources and capacities that will help foster on-going healing.
Sources: Project Uganda, Core lessons plan. www.gng.org/uganda. Rwanda; Reconciliation still a major challenge, www.irinnews.org Fambul Tok Reconciliation Project: Community healing in Sierra Leone, www.f-o-c.org

MODULE 10 420

S e s s i oMODULE 10 n 1 000

421

MODULE 11 421

422

MODULE 11

423

MODULE 11

424

MODULE 11

425

MODULE 11

426

MODULE 11

427

MODULE 11

428

MODULE 11

429

MODULE 11

430

MODULE 11

431

MODULE 11

432

MODULE 11

433

MODULE 11

434

MODULE 11

435

MODULE 11

436

MODULE 11

437

MODULE 11

438

MODULE 11

439

MODULE 11

440

MODULE 11

441

MODULE 11

442

MODULE 11

443

MODULE 11

HANDOUTS

444

MODULE 11

445

MODULE 11

446

MODULE 11

447

MODULE 11

448

MODULE 11

449

MODULE 11

450

MODULE 11

451

MODULE 12 451

452

MODULE 12

453

MODULE 12

454

MODULE 12

455

MODULE 12

456

MODULE 12

457

MODULE 12

458

MODULE 12

459

MODULE 12

460

MODULE 12

461

MODULE 12

462

MODULE 12

463

MODULE 12

464

MODULE 12

465

MODULE 12

466

MODULE 12

467

MODULE 12

468

MODULE 12

469

MODULE 12

470

MODULE 12

471

MODULE 12

472

MODULE 12

473

MODULE 12

474

MODULE 12

475

MODULE 13 475

476

MODULE 13

477

MODULE 13

478

MODULE 13

479

MODULE 13

480

MODULE 13

481

MODULE 13

482

MODULE 13

483

MODULE 13

484

MODULE 13

485

MODULE 13

486

MODULE 13

487

MODULE 13

488

MODULE 13

489

MODULE 13

490

MODULE 13

HANDOUTS

491

MODULE 13

492

MODULE 13

IMPACT ASSESSMENT TOOL

493

IMPACT ASSESSMENT TOOL 493

494

IMPACT ASSESSMENT TOOL

495

IMPACT ASSESSMENT TOOL

496

IMPACT ASSESSMENT TOOL

497

IMPACT ASSESSMENT TOOL

498

IMPACT ASSESSMENT TOOL

GLOSSARY

499

GLOSSARY 499

500

GLOSSARY

501

GLOSSARY

502

GLOSSARY

503

GLOSSARY

504

GLOSSARY

LIST OF ACRONYMS

505

LIST OF ACRONYMS 505

506

LIST OF ACRONYMS

REFERENCES

507

REFERENCES 507

508

REFERENCES

509

REFERENCES

510

REFERENCES

511

REFERENCES

512

REFERENCES

513

REFERENCES

514

REFERENCES

ENDNOTES

515

ENDNOTES 515

516

ENDNOTES

517

ENDNOTES

518

ENDNOTES

519

ENDNOTES

Anda mungkin juga menyukai