Conflict Trends, Issue 4 (2012)

IS S U E 4 , 2 0 1 2 20 YEARS OF CONTRIBUTING TO PEACE ct4|2012 contents EDITORIAL 2 by Vasu Gounden FEATURES 3 Election Related Violence: Beyond Electoral Systems and Normative Standards by Kisiangani Emmanuel 11 The Sudan - South Sudan Military Escalation in Heglig: Shifting Attention from Domestic Challenges by Aleksi Ylönen 20 Operationalising the Responsibility to Protect by Erik Reichborn-Kjennerud 28 Oil Piracy in the Gulf of Guinea by Freedom C. Onuoha 36 Private Military and Security Companies: A Comparative Analysis between Colombia and Sierra Leone by Jerónimo Delgådo Caicedo and Nicolás Ávila 43 Development Sensitivity for Reconciliation: Lessons Learned from Rwanda by Tatsushi Arai 51 Youth-led Peace Caravans and Inter-community Peace- building among Pastoralists in North-western Kenya by Willis Okumu COVER PhOTO: UN PhOTO/PAUl BANKs Members of the sudan Peoples’ liberation Movement arrive at the rally in Juba, as south sudan prepares for independence. 05 July 2011. conflict trends I 1 editorial by vasu GOuNDEN As 2012 comes to a close, I am reminded of a visit that street protesters. however, even today, given the global I made to syria in september 2010 with Mr Aziz Pahad, the dynamics and the situation on the ground, there is still African Centre for the Constructive Resolution of Disputes time to negotiate, with all sides having relative power and (ACCORD) senior Political Advisor and south Africa’s with challenges that create opportunities for compromise. Deputy Minister of Foreign Affairs from 1994 to 2009. Tomorrow the only alternative may be between winning or In september 2010 syria’s violent conflict was confined losing on the battle-field. to a few areas and involved clashes between street As we end this year and ACCORD celebrates its protesters and the police. The purpose of our visit was to twentieth anniversary, I am sadly reminded of the many engage in dialogue with all the parties to the conflict and lost opportunities we have had over the years to get to share with them south Africa’s experience of peaceful parties to negotiate early so that lives could be saved negotiations that ended our own conflict almost two and other human injustices averted. We have had the decades earlier. opportunity over the last twenty years to dialogue with Our message was simple: peaceful dialogue is many protagonists in Africa and elsewhere to convince preferable to war. We stressed to all those that we met them of the need to negotiate timeously and from a from the government and the opposition forces that position of strength. some have heeded the call and are dialogue involves compromise and that ‘timing’ is key to still alive and in many cases still exercising some power. ensuring a successful negotiated outcome. We emphasised Others, sadly, are either dead or in the political wilderness. that a further deterioration of the situation will likely The parties, and especially the leaders, have a harden attitudes and positions on all sides and make responsibility to put the interests of their nations first and compromises much more difficult to reach. We urged the not to take positions whose outcomes lead to destruction. parties to immediately engage in inclusive negotiations to The burden for a negotiated solution also lies with external address the grievances that were leading to widespread parties who have a direct or indirect interest in the country discontent in the country. and oftentimes encourage parties to take irresponsible In 2010 the syrian conflict was confined to violent positions. Mediators also have a special responsibility protests only. It was not yet a full-scale civil war. There to understand the dynamics of a conflict very well and were few deaths then – unlike the more than 50 000 to creatively and productively engage the parties in deaths that are witnessed today and that have resulted attempting to find constructive solutions. Today we seem in significant entrenchment of the conflict, making only too keen to seek military solutions first! This is the compromise now even more difficult. Also, in 2010, seemingly easy, but enormously more costly, route to external factors did not dominate the conflict landscape as follow. The syrian crisis reminds us that we need renewed they do today. This further makes a syrian-owned solution commitments to seeking peaceful and negotiated solutions very difficult to reach. timeously! In 2010, while President Assad’s government had more power to lose, it was in a much stronger position to negotiate a favourable outcome and a gradual transition to a new political order. It was the right time then for negotiation. Today the situation is different; they are now Vasu Gounden is the Founder and Executive Director facing an armed opposition in control of territory, not just of ACCORD. 2 I conflict trends El Ection RElatEd ViolEncE: BEyond ElEctoRal SyStEmS and noRmatiVE StandaRdS by KISIANGANI EMMANuEL “The fundamental problem that has turned elections into violent conflicts is Africa’s crisis of governance.”1 REUTER s / T / h E BIGGER PICTURE BIGGER E Introduction national resources are violently contested. In identifying the Electoral violence is becoming a common feature in basis of election related violence, this article aims to focus African politics. Analyses of the causes of this phenomenon not only upon the rules and procedures for administering often focus on the electoral process and institutions charged elections, but also on the broader structural architecture with overseeing it. Election-related violence, however, of governance. There are many conceptions of electoral reflects deep-seated problems including dislocations in the socio-economic and political fabric. In other words, elections can easily become a mechanism through which Above: Electoral violence is becoming a common feature public questions on issues of governance and distribution of in African politics. conflict trends I 3 REUTER s / T / h E BIGGER PICTURE BIGGER E Policen i Togo clashed with opposition protesters in Lomé as tensions over the upcoming legislative elections escalated (August 2012). democracy, each of which has distinct implications about several years on, the record of free and fair what kind of legislation should be adopted.2 Moreover, there elections on the continent has been mixed. In the is a growing body of literature that deals specifically with the specific cases of Ghana, Namibia, Mozambique and question of how the design of election systems can either south Africa, the election process has been promising. prevent conflict or promote peaceful solutions to existing In other cases, including Angola (1992), Kenya (2007/2008), ones.3 Zimbabwe (2008) and Côte d’Ivoire (2011), the promise of This article therefore maintains that lasting solutions elections as an alternative to violence and a key component to election related violence should not only be sought of democracy has, paradoxically, turned into a source of in the technical deficiencies of the electoral process. conflict and violence. What explains the phenomenon of Rather, broader structural problems of governance must also elections leading to intense violence in some countries but be addressed. not in others? The unravelling of elections in a number of African Elections in Africa in Context countries is a source of concern. some studies have focused Elections are supposed to be a civilising activity, a on political parties and electoral systems for answers as to process by which citizens choose their leaders. While the causes of electoral violence.5 The reality is, however, that elections have been an integral part of post-independence election related violence is a function of complex problems politics in African nations, they assumed a new dimension that result from multi-layered interactions of socio-economic following the so-called third wave of democratisation in and political factors. some are historical in nature. They are the late 1980s and early 1990s.4 This brought a change in not simply the rules that govern the electoral system and constitutions across much of sub-saharan Africa enshrining the administration of that process. A full understanding of provisions for regular legislative and presidential elections. electoral violence in Africa requires a conceptualisation that This was hailed as a triumph of electoral democracy. Indeed, views election violence as part and parcel of the broader by the end of the 1990s, virtually all of sub-saharan Africa architecture of governance. The core of this endeavour goes had adopted one or another form of elections. beyond delineating normative frameworks for governing 4 I conflict trends REUTER elections since elections beget violence when they form a platform on which deeper structural issues are contested. s / T / h E BIGGER PICTURE BIGGER E Defining Electoral Violence Violence is generally viewed in terms of the ‘intentional use of physical force or power, threatened or actual, against oneself, another person, or group’.6 The destructive effects of violence on the relationships between groups and individuals are well documented. The question raised is: how does election violence vary from other forms of violence? Election violence is generically categorised as belonging to either or both of the following two strands. First, it is ‘a type of fraud’, which refers to ‘clandestine efforts to shape election results’.7 This includes activities such as ballot rigging, vote buying, and disruptions of the registration process. second, election violence is manifest as ‘a sub-set of activities in a political conflict clustered around the time of an election’.8 Election violence is thus distinguished by actors, activities, timing, and motives.9 There is sometimes only a fine line between election violence and criminal activity. Kristine höglund identifies three main areas that create enabling conditions that trigger factors for election violence: the nature of politics in conflict societies, the nature of competitive elections, and the incentives created by electoral institutions.10 höglund observes that these clusters of factors are important for understanding ‘election violence between different societies and across elections in a specific country’.

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