“For the Guarantee of Law and Order”: The Armed Forces and Public Security in Brazil

The transition to democracy in Brazil came with a significant change in the role the armed forces could play for public security within the country. According to article 142 of the 1988 constitution, the armed forces could now intervene “for the guarantee of law and order” in Brazil only on the initiative of the civilian authorities. But since then, the military has been used on this basis in a growing array of situations, ranging from strikes and elections via political summits and visits by foreign dignitaries to efforts to “pacify” urban neighbourhoods. This paper examines how the constitutional mandate of the armed forces to guarantee law and order was specified in successive legislation in Brazil, and how the practice of deploying troops for policing purposes has evolved. It finds that the growing use of the military for the guarantee of law and order, while not necessarily weakening civilian control of the armed forces, still comes with significant risks for the quality of democracy. The main risk is associated with how this use of the military shapes state-society relations and may weaken the links between the elected leaders and those they represent

UN peacekeeping in the Congo: When is the job done?

On 28 May 2010, the United Nations Security Council made a critical decision on the future of the UN peacekeeping mission in the Democratic Republic of Congo (Monuc) – the largest and most costly such operation in the world. The Council decided to reduce the number of peacekeepers by 2,000, and to transform Monuc into a stabilisation force, renamed Monusco. The decision was made in a context of differences of view between the DRC government and the UN. The DRC has signalled its preference that Monuc should withdraw completely from the country by mid-2011, while the UN says that full withdrawal should be contingent on progress in the reduction of violence and restoration of state authority. This policy brief considers and analyses these two key positions on Monuc's future. It argues that the Monuc experience offers important lessons that can contribute to a rethinking of peacekeeping operations: among them that the protection of civilians (one of Monuc’s core tasks) is a controversial and complicated topic that has been understood too narrowly; and that the UN has been over-ambitious in what Monuc can achieve and has focused too exclusively on peacekeeping. The way forward is to reset the bar to a more realistic level, to rethink civilian protection, and to shift the focus from keeping to building peace. This approach could lay a firmer basis for enhancing the security of the Congolese people in the period ahead

Community Driven Development in Contexts of Conflict. Concept Paper Commissioned by ESSD, World Bank

Violent conflict represents not only a significant barrie r to development; it also wipes out efforts to improve the situation. Experience from many developing countries has shown that Community Driven Development (CDD) programmes have been particularly effective in establishing or expanding essential social services and physical infrastructure at the local level. However, using CDD approaches in a conflict context as a means in post-war rehabilitation represents new challenges. When carried out in contexts of past or persistent conflict, CDD projects are confronted with some major challenges: •communities where projects are set may be deeply divided; •power is unequally distributed; •lines between combatants and civilians may be blurred; •a need to address past traumas may give rise to calls for inquiries or trials; and •economic recovery and basic services may be urgently needed. Nonetheless, the point of departure in this paper commissioned by the CDD unit of the Environmentally and Socially Sustainable Development (ESSD) Network of the World Bank, is that participatory and demand-led development approaches might potentially address three critical concerns in conflict contexts: •The need for speedy and cost-effective delivery of reconstruction assistance. •The need to improve the state-citizen relationship. •The need to create alternative forms of community organisation that foster reconciliation between factions of the society

Evaluation of the UNDP/UNOPS Peacebuilding and Community Development Project in Ituri, the Democratic Republic of Congo

Building peace through community development: this was the key idea of the evaluated project, which was run in the war-torn Ituri district of the DRC from 2003 onwards. The planning of the project did not take sufficiently into account the difficult conditions under which it would be run. Centralisation of project management tasks to UNDP and UNOPS in Kinshasa, and the shortage of resources that were made available for the project at this central level, complicated implementation efforts on the ground. Strategic management was also weak. Still, many positive results materialised as the local partner organisations welcomed the idea of building peace through community development and acted on it in their micro projects. Thanks to many skilful local partners and a dedicated UN project team in Ituri, and despite considerable delays, the micro projects came a long way towards reaching the aims of reconciliation, reconstruction, local capacity building, and HIV/AIDS awareness raising. As a whole the project contributed to launching the processes of peacebuilding and community development in the district. But given the uniqueness of the project and its weak coordination with other agencies, little ground was prepared for a scale-up and a transfer of results in a subsequent phase. The peacebuilding and community development project was hence a success – but a success that materialised in spite of an unsuitable organisational framework, weak strategic management, insufficient coordination, and continued violence in Ituri. It was in other words a “success by default”; one that came about despite choices made within the project that were not the most amenable to goal attainment. Yet given the project’s positive results, its still unrealised potential, the need for such a project in Ituri, and the learning of lessons within UNDP; the report recommends that the project continue and proposes a number of reforms that should be made within it in a new phase

Aid to Judicial Reform: Norwegian and International Experiences

Creating a viable judiciary and strengthening its democratic functions has been a main concern of both national governments and donors over the last two decades. This report attempts to chart and systematise the efforts that have gone into the area of judicial reform. That includes various efforts at improving the functioning of a country’s legal system, both in terms of fairness and efficiency. The report places Norwegian development assistance to judicial reform (which is of relatively new date, but of increasing magnitude and importance) in a broader context by systematically looking at how various donors – multinational, governmental, and non-governmental - have operated in this field. The analysis covers which sectors of the judiciary have been targeted for reform and why; what channels have been used; and what the lessons learned so far are. Experiences from Latin America and Africa are highlighted. The case studies of Norwegian assistance to Guatemala and Ethiopia open up for more in-depth reflections on what works and what does not work when external donors set out to help governments reform their judiciaries

Mid-Term Review of the Angola Programme of Norwegian People's Aid

The purpose of this review is to assist Norwegian People’s Aid in adapting its Angola programme to reach the objectives it has set for the period from 2004 to 2007. NPA presently works in five provinces and employs more than 550 persons in Angola, and the country programme has an annual budget of approximately 60 million NOK. The NPA Angola strategy for 2004-2007 focuses on land and resource rights and democratic rights and participation, and the work is organised within two programmes: mine action (approximately 85 percent of financial resources) and development (15 percent). The review concludes that NPA is on track towards reaching many of the goals it has identified for its work in Angola during the period in question. We commend NPA Angola for its professionalism, innovation, and ambition. An important reason why some goals are still far from being reached is, however, that they are very ambitious - and that the number of goals is quite high. Concentrating activities is therefore a key recommendation

Mid-term Review of the Angola Programme of Norwegian People\u27s Aid

This report reviews how the Programme of Norwegian People\u27s Aid has adapted to reach the objectives it has set for its work for the period from 2004 to 2007. The strategy for 2004-2007 focuses on land and resource rights and democratic rights and participation, and is organised within two programmes, mine action (85% of resources) and development (15%). The evaluation focuses on two different programme areas: The Mine Action Programme: The programme was established in 1995 and specialises in demining and surveying. The period reviewed has been successful on several counts: the number of square metres cleared per year has increased dramatically, cost efficiency has improved, and efforts to achieve socio-economic objectives have been strengthened through the use of aid money. Yet a number of improvements could be made like: making better use of information collected in the Task Impact Assessments (TIA) process, by improving TIA questionnaires and using narrative data for statistical analysis, include women in TIA survey teams, let TIA teams collect data on women\u27s versus men\u27s perceptions and needs. The Development Programme: The programme works in the three provinces and runs activities within land and resources rights, democratic rights and participation, and in relation to building the capacities of partner organisations. With regard to activities on land and resources rights, the programme is well on track towards reaching its aims regarding agricultural development. More effort is needed, however, to reach aims related to land rights and community self-organisation and empowerment

Maintaining the Process? Aid to Transitional Justice in Rwanda and Guatemala, 1995-2005

This report assesses the aid that was given in support of transitional justice processes in Rwanda and Guatemala between 1995 and 2005. The analysis is based on statistical data from the main donor agencies involved and on interviews with key donor representatives. The share of the aid that went to transitional justice constituted merely five percent of total development aid over the 11-year period. More than half of the transitional justice aid went to reforms of the security sector (SSR). The remainder was targeted differently: in Rwanda roughly 20 percent of the transitional justice support went to criminal courts and an equal share at the gacaca process; while in Guatemala, the non-SSR transitional justice aid went to the country's two truth commissions and to reparations attempts. Aid was also sequenced differently: in Rwanda the transitional justice area received relatively little support during the first half of the post-conflict period, while in Guatemala aid levels were rather high from the outset. Donors justified their aid similarly, but chose different strategies to channel it in. In Guatemala they channelled most of the transitional justice assistance through multilateral organisations, while in Rwanda most went to the national government. In Rwanda the aid was also best coordinated, whereas uncertainties and a lack of commitment as regards coordination prevailed in Guatemala. The report concludes that aid in the transitional justice field, while rooted in local ownership, should be maintained only if helps reach key aims of transitional justice such as truth, restitution, accountability and reconciliation. It also recommends transitional justice donors to strike a balance between the different mechanisms they support, and to anchor strategies in a better mapping of how different groups in the recipient country relate to the troublesome past and wish to deal with it

Socio-Economic Effects of Gold Mining in Mali. A Study of the Sadiola and Morila Mining Operations

In the last decade Mali has experienced a gold boom. Today Mali is Africa’s third largest producer of gold and has one of the world’s most gold-dependent economies. This study looks at how the advent of gold mining has affected Mali’s economy and society, and examines the local impacts of two of the country’s main gold mines, Sadiola and Morila. It finds that in recent years gold exports have contributed more than half of Mali’s export revenue. Still, this income represents less than what the country receives in development aid or in remittances from Malians abroad. From the two mines of Sadiola and Morila, out of the revenue that does not accrue to the mining companies the Government of Mali receives around 90 percent, the workers some nine percent and local communities less than one percent. To the population of nearby villages the mines have provided jobs, income and better education services, but their establishment has also led to land expropriation, environmental degradation and social tensions. The companies that run the two mines have supported a number of development projects locally, but their management and selection of the projects have stirred controversy. The study also finds that gold mining only to a limited extent has spurred entrepreneurship or a diversification of the local economy

Community Driven Development in Contexts of Conflict. Concept Paper Commissioned by ESSD, World Bank

Violent conflict represents not only a significant barrie r to development; it also wipes out efforts to improve the situation. Experience from many developing countries has shown that Community Driven Development (CDD) programmes have been particularly effective in establishing or expanding essential social services and physical infrastructure at the local level. However, using CDD approaches in a conflict context as a means in post-war rehabilitation represents new challenges. When carried out in contexts of past or persistent conflict, CDD projects are confronted with some major challenges: •communities where projects are set may be deeply divided; •power is unequally distributed; •lines between combatants and civilians may be blurred; •a need to address past traumas may give rise to calls for inquiries or trials; and •economic recovery and basic services may be urgently needed. Nonetheless, the point of departure in this paper commissioned by the CDD unit of the Environmentally and Socially Sustainable Development (ESSD) Network of the World Bank, is that participatory and demand-led development approaches might potentially address three critical concerns in conflict contexts: •The need for speedy and cost-effective delivery of reconstruction assistance. •The need to improve the state-citizen relationship. •The need to create alternative forms of community organisation that foster reconciliation between factions of the society