Contemporary Security in Africa Journal of the National Defence College, Kenya Volume 5 Number 1 April 2020 Contemporary Security in Africa Journal of the National Defence College, Kenya Volume 5 Number 1 April 2020 National Defence College, Kenya Contemporary Security in Africa Journal of the National Defence College, Kenya Editor Prof. Makumi Mwagiru Editorial Staff Col (Dr) S O Handa Dr O Kamudhayi Lt Col J K Murrey Mr. F. Mabeya Editorial Board Prof. Makumi Mwagiru, Catholic University of Eastern Africa Prof. Stephen Chan, School of African and Oriental Studies, University of London Dr. Joshia Osamba, Egerton University Dr. Jessica Lincoln, King’s College, University of London Dr. Edward Kisiangani, Kenyatta University Contemporary Security in Africa (ISSN 2224-5621) is published twice a year by the National Defence College (Kenya). It is a forum for scholarly work in the areas of National, Regional, International security. It emphasises all issues that impact on security in Kenya and the region. Submission Authors are invited to send article manuscripts of 5000 - 8000 words as email attachments to [email protected] or to the following address: The Editor Contemporary Security in Africa, National Defence College (Kenya), P. O. Box 24381 - 00502, Karen - Nairobi Disclaimer Views and opinions expressed in Contemporary Security in Africa are those of the authors and are not necessarily those of the Ministry of Defence or any other agency of the Kenyan government Contents Articles Rosemary M. Anyona ........................................................................................1 New Wine in Old Wineskins? Renegotiation of Peace Agreements in Post- Conflict Environments in Africa Ochieng Kamudhayi ....................................................................................... 16 Not Yet Out of the Woods: Complexity, Chaos and Securitization of Kenya’s Border Security Lawrence Ofunja Kangei .................................................................................30 The Ethical Minimum: Human Rights Foundations of National Security Stephen Handa ................................................................................................ 45 Operationalising National Security in Border Management: Perspectives on the Kenya-Somalia Border Research Notes George R A Owinow ....................................................................................... 58 Re-Assessing Conflict Resolution in Central Somalia: A Hybrid Approach Commentaries Mwotia Makumi ............................................................................................. 65 Diplomacy and Intelligence in States’ Responses to Asymmetric Warfare Vincent Ngere ................................................................................................. 78 AU-USA Counter Terrorism Relations in Africa: A Comment Documents Grand Strategy of the Republic of Kenya ................................................................ 88 Contemporary Security in Africa New Wine in Old Wineskins? Renegotiation of Peace Agreements in Post-Conflict Environments in Africa Rosemary M. Anyona Rosemary Anyona holds a PhD in International Studies, from the Institute of Diplomacy and International Studies, University of Nairobi. She is currently a Lecturer at the Institute. She has published a number of scholarly articles on international conflict management and diplomacy, and is the author of Conflict and Mediation in Mozambique and Angola [2019]. Abstract This article enters the debate about what renegotiation of peace agreements means for conflict managers in Africa’s peace processes. Its basis is that every peace process has a distinct life cycle. When peace agreements are signed they symbolise both an end and a beginning: an end of armed conflict and a beginning of the period of peace. The possibility of peace agreements to create peace depends on the willingness of the parties implement the provisions they voluntarily negotiated. During the implementation phase, the provisions of peace agreements are sometimes contested. If this happens, the parties can renegotiate certain aspects to remove the contentions. Ideally, agreements fully serve their purpose once the parties have fully implemented them. However, when parties call for renegotiation of certain aspects of their peace agreement several years after implementation and the agreement has become history, it creates conceptual problems. This article concerns the calls for the renegotiation of the 1992 Mozambican General Peace Agreement made by Dhlakama (RENAMO’s leader and one of the principals of the agreement.) These calls came 19 years after the signing of the GPA generating many questions about the life cycle of conflicts. It concludes that calls for renegotiation are a sign of transformation of conflict, and that mechanisms must be found to keep track of former belligerents even after a peace agreement has been implemented. Introduction There is no doubt that conflict (violent or non-violent) is a major security challenge for Africa. Conflict is an endemic condition in human existence. For scholars like Galtung, there is no country in the world that is entirely conflict- free.1 Since conflict is endemic, there have been conflict management efforts by a multiplicity of actors singly or in groups. Also, a variety of methods have been proposed to manage or resolve conflict. According to Article 33(1) of the UN Charter, these methods include “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means.” Of the recommended methods, mediation is the most Contemporary Security in Africa Vol 5 No. 1 (2020) Pg 1 -15 1 Galtung, Johan. “Violence, Peace, and Peace Research” Journal of Peace Research, Vol. 6, No. 3 (1969), pp. 167-191. 1 New Wine in Old Wineskins? Renegotiation of Peace Agreements in Post-Conflict Environments in Africa commonly used. It has been observed that mediation is actually as common as conflict itself.2 It has “been used everywhere and has been in existence for millennia.”3Mediation is the process by which a third party enters a conflict and helps the parties to find a mutually agreeable solution to their problem. When a peace process is initiated, the parties to a conflict sit down (with the help of the mediator) to negotiate with each other. When they are satisfied with their negotiations, they sign a peace agreement. This document henceforth defines the nature of their relationship. Afterwards, the parties to the conflict embark on the implementation process where they carry out provisions of the agreement. However, this is a rectilinear view of things. No peace process is ever that simple or predictable, and no conflict is an exact replica of another. Bercovitch cautions against such simplistic assumptions, since mediation is “context and mode specific.”4 There are often differences in issues, goals, actors, interests, and even methods of management. There are also variances in duration of conflict, intensity, and resources. Additionally, some peace processes take place in a relatively short time while others are extended. An appropriate example of this case is the Kenya Peace process that only took about three months;5 in contrast the Mozambican peace process took approximately two years.6 During the implementation phase, certain differences emerge. For instance, some peace agreements are implemented in a relatively peaceful and timely manner while others face a lot of turbulence and delays. In other settings, the parties ask for certain areas of the peace agreement to be renegotiated. They might feel that certain clauses put them at a disadvantage, or no longer reflect certain realities in their relationship. This article is concerned with the issue of renegotiation of peace agreements and how it affects the understanding of conflict and peace processes. Its case study is the Mozambique peace process, where in 2011, Alfonso Dhlakama of Mozambique called for the renegotiation of the General Peace Agreement of Mozambique of 1992.7 The calls were initially dismissed by many people including Dhlakama’s 2 Bercovitch, Jacob, and Richard Jackson. 2009. Conflict Resolution in the Twenty-First Century: Principles, Methods, and Approaches, Ann Arbor: University of Michigan Press. p.32. 3 Bercovitch, Jacob. “International Mediation” Journal of Peace Research 28, no. 1 (1991): 3-6. Accessed April 1, 2020. www.jstor.org/stable/424189. 4 Ibid. 5 See Makumi Mwagiru (2008) The Water’s Edge: Mediation of Violent Electoral Conflict in Kenya, Nairobi: Institute of Diplomacy and International Studies. 6 Rosemary Anyona, Conflict and Mediation in Mozambique and Angola (Nairobi: Three Legs Consortium, 2019). 7 Rosemary M. Anyona, “Implementation of Peace Agreements in Africa: A Comparative Study of Mozambique and Angola” PhD Thesis, Institute of Diplomacy and International Studies, University 2 Contemporary Security in Africa former allies. However, when they led to low-level violence in the country in 2013,8 they opened up certain difficult questions about the life cycle of conflict and peace agreements. 2013 Low-Level Violence in Mozambique The theatre of conflict in Mozambique has always revolved around two main actors: the Mozambican National Resistance (RENAMO) and the Mozambique Liberation Front (FRELIMO). The civil war in Mozambique began in 1977, about two years after the country’s independence, and lasted for about 15 years. After several attempts by a multiplicity of actors to find