Category: 2014

Since the September 11 attacks, the NYPD has seen a rapid expansion into counterterrorism activities. But how effective have these practices been in keeping New York safe?

The New York City Police Department (NYPD) is America’s largest police force and emulated by agencies across the globe. For many, the NYPD represents innovative and effective policing. But in the decade following the September 11, 2001 attacks, the NYPD’s rapid expansion into new counterterrorism practices under ex-Commissioner Raymond Kelly raises important questions about the programme’s effectiveness and the potential harms caused to the department’s legitimacy.

Expanding into Counterterrorism

Kelly’s tenure as Commissioner from 2002 to 2013 was in large part defined by the creation of an aggressive counterterrorism programme to combat Al Qaeda (and now ISIS) inspired terrorism. While supporters assert the NYPD counterterrorism programme’s effectiveness during this period is self-evident because it stopped numerous post-9/11 terror attacks in New York, critics counter that the programme was ineffective, involved significant infringements on civil liberties, made New York City much more militarised, and contributed to the further erosion of police legitimacy in targeted communities. One thing that can be agreed is that the NYPD became the first American police force to spend over a billion dollars and countless man-hours to implement a host of new terrorism fighting measures in the wake of the 9/11 attacks.

How then did the NYPD become seen as the national leader in domestic counterterrorism? The reasons appear straightforward – after the Al Qaeda attacks in 1993 and 2001, and Kelly and his supporters vowed that New Yorkers would be kept safe from future terror attacks. But the evidence suggests the situation was more complex. Indeed, the NYPD adopted a significant role in defending New York City against terrorism amidst already strained relations with the Federal Bureau of Investigation (FBI), America’s traditional lead agency on counterterrorism. Kelly and others asserted that the FBI could not be solely responsible for protecting New York City, which paved the way for the NYPD’s vast expansion into counterterrorism.

Building an NYPD Counterterrorism Model

Insights from former colleagues show Kelly believed the NYPD could create the foot soldiers of its new counterterrorism programme building from the ground up. The programme was structured around what has been described as Kelly’s confidence that effective counterterrorism work was not ‘rocket science’. According to one former NYPD official, Kelly thought effective counterterrorism required neither primary reliance on specially trained elite terrorism personnel nor community-based countering violent extremism officers, but could instead be accomplished through old fashioned police work like recruiting sources, using confidential informants, chasing leads, obtaining search warrants, and following anywhere their information might lead. The NYPD’s initial post-9/11 counterterrorism programme therefore focused significantly on using hard-nosed police work to address the complexities of Al Qaeda inspired radicalisation and plot disruption.

And what NYPD officers did not know about counterterrorism, they could learn. Kelly’s counterterrorism programme was forged through close links with then-current or recent members of the Central Intelligence Agency, including 35-year veteran David Cohen, who sought to blend NYPD know-how with high policing intelligence tradecraft. The data shows that changes within the NYPD’s Intelligence Division and Counterterrorism Bureau included stationing officers overseas from London to Hamburg to Amman, and sending detectives to gather intelligence in Afghanistan, Egypt, Yemen, Pakistan, and Guantánamo Bay, Cuba, among others. The hiring of intelligence analysts with language skills in from Arabic, to Pashto, to Urdu also allowed the NYPD to monitor communications and media accounts that might signal terror threats to New York City. The Intelligence Division also developed independent strategies for identifying vulnerable individuals and potential terrorists. The Intelligence Division also engaged in additional covert surveillance and infiltration operations, the scope and effectiveness of which remain unclear. However, documents leaked in 2011 suggest that the Intelligence Division’s Demographics Unit was likely involved in monitoring and sometimes infiltrating mosques, Muslim-owned businesses, Muslim university associations, community meetings and public libraries, among others. The Demographics Unit was scrapped by Kelly’s successor in 2014. Supporters and critics within and outside law enforcement offer varying opinions about how successful Kelly’s counterterrorism model proved to be.

Measuring Effectiveness

Measuring the true effectiveness of Kelly’s programme is difficult. Much of the information about the scope of potential terror attacks or numbers of vulnerable individuals in New York City remains confidential. But Kelly and his supporters have frequently pointed to 16 allegedly foiled terrorism plots between 2002 and 2013 as evidence of his programme’s effectiveness (as of July 2016 the number stands at 20). Specifics of the thwarted plots cited include plans to detonate explosives on the New York City subway, Times Square, John F. Kennedy Airport, local synagogues, and on the Brooklyn Bridge. Critics, however, have disputed these figures, arguing that the numbers are grossly inflated given that many of these so-called plots did not involve suspects taking substantial actions to put them in motion, and frequently involved entrapment.

Community responses to Kelly’s decade of hard-nosed post-9/11 counterterrorism tactics have been sharply divided. While many New Yorkers supported the NYPD’s aggressive counterterrorism practices, vocal critics including members of New York City’s South Asian, Arab and Muslim American communities, civil liberties groups and even law enforcement officials at other agencies, have argued that the NYPD’s initial counterterrorism model was poorly conceived and ineffective because it was discriminatory, violated civil liberties, and alienated communities with important roles to play in fighting terrorism. Indeed, some went so far as to argue that the NYPD’s approach had actually made New York City less safe from terrorism. The limited data lends support for some of these assertions, as it shows that some members of New York area South Asian, Arab and Muslim American communities became less trusting of the NYPD, less willing to cooperate with NYPD investigations, activities, or less willing to report crimes or suspicious behaviour related to terrorism to the NYPD as a result of its counterterrorism practices during this period.

Conclusion

While the first decade of the NYPD’s post-9/11 counterterrorism programme created under Raymond Kelly remains controversial, it undoubtedly opened the door for local police departments across America to take much more active roles in counterterrorism, roles they will continue to play for the foreseeable future. But the experience of the NYPD’s first decade of its counterterrorism programme should give pause to local policing agencies expanding their duties to include greater terrorism fighting efforts, for it important that they not lose sight of the core Peelian policing tenets of community engagement and community service. For as much as we all share a collective desire to fight terrorism, without police legitimacy across communities, cities may potentially become more vulnerable to terrorism in the longer term.

Dr. Quinlan is a Lecturer in Law and Diversity at University of Sheffield’s School of Law. Dr. Quinlan’s research focuses on policing, terrorism, security and criminal justice, and often involves comparative research between the United Kingdom and the United States. Dr. Quinlan recently completed an empirical study comparing the development of post-9/11 counterterrorism policing programmes in London and New York City. Prior to taking up a role in academia, Dr. Quinlan practiced law in New York City. Dr. Quinlan earned her Doctorate at the London School of Economics and Political Science, her Master of Laws from King’s College London, and her Juris Doctor from Northeastern University School of Law.

In considering security sector reform, questions of affordability have often been subordinated to questions of effectiveness and expediency.  A recent series of reviews of security expenditures by the World Bank and other actors in Liberia, Mali, Niger and Somalia has highlighted several emerging issues around the (re)construction of security institutions in fragile and conflict-affected states.

When in late 2005 a team of international financial experts in Kabul put the numbers together on how much the Afghanistan security sector was costing they were astounded by the results. So were the Afghan government and its partners. Running at some $1.3 billion per year, or 23 % of GDP, just over three-quarters of it financed by donors, Afghan security spending (not including counter-narcotics) exceeded domestic revenues by over 500%.

Simple number crunching put into stark focus the unsustainability of the security sector and the need to look at options for changing the posture of the military and police (the two largest spenders) and bringing costs under control. This analysis did not even touch the international costs of ongoing conflict (such as the NATO-led International Security Assistance Force – ISAF) in the country.

Such a financial perspective is increasingly being added to emerging practice on internationally driven security sector reform (SSR) with interesting results. One particular aspect that has largely been missing from the international SSR agenda since its beginning in the 1990s has been the nexus between financial resources and security. While general aspirations for affordability are often stressed with regard to SSR, there has been little guidance supporting governments to better understand whether security sector financing is sustainable, let alone efficiently and effectively allocated.

National budgets are, after all, the most important policy vehicle for articulating and ultimately meeting a country’s priorities within scarce public resources; it is through the budget process that competing priorities are reconciled and implemented. One of the core priorities for many countries is security and justice provision and yet to date there has not been much work on the composition of security sector budgets as well as the processes of how they are planned and managed.

This is beginning to change for a number of possible reasons, not least that the ‘suits’ responsible for the national purse rather than those ‘in uniform’ are advocating change. A quick overview of a number of recent exercises in conflict-affected African states suggests a number of different contexts in which such scrutiny is being requested.

Transitions and UN peacekeeping drawdowns: Liberia

In a recent example of United Nations, World Bank and government collaboration, a public expenditure review was undertaken for Liberia in mid-2013 in order to identify the funding requirements necessary for a national security strategy to be put in place in anticipation of the gradual reduction and exit of the UN peacekeeping operation (UNMIL).

What this immediately revealed was that there was a financing gap between domestic revenues, anticipated foreign assistance and the targets set by the national strategy. In the short term, recommendations focused upon savings through strengthening public financial management systems as well as mobilising additional resources.

More significantly, the joint review raised questions about the effectiveness of a strategy that relied on the establishment of regional ‘law and order’ hubs which could deploy law enforcement personnel as well as extend the reach of judicial services. Was this the best way to use scarce resources? Were such regional hubs the solution to providing accessible security and justice services to a general public that held in distrust the state and particularly those in uniform? In turn, were there more effective ways to use those scarce resources to address some of the underlying structural causes of grievance and disorder, such as contestation over land and land concessions?

The debates around those policy tensions and trade-offs continue;  but this was an interesting example of how the money question – whether a proposed security and justice model could be paid for – raised more fundamental questions about the effectiveness and ultimately the purpose of the security and justice system.

Interestingly, an important side-question was not asked: the affordability of the national army. The review was simply focused on public order and internal security and not on the small (and largely US funded) Armed Forces of Liberia. Indeed, this omission was characteristic of the bifurcated Liberian SSR process, with US (military) and UN (police and justice) pursuing separate programmes since 2004.

Domestic resource constraints vs existential threats: the Sahel

Long a focus of international support to national militaries and counter-terrorist capacity, the western Sahel region suffered a major crisis in 2012 with a coup in Mali precipitating the take-over of the country’s north by regional jihadist and local Tuareg and Arab nationalist armed groups.

As part of the return to ‘normalcy’ and seeking to address historical concerns relating to public mismanagement, the Malian transitional government requested a review of the defence sector in early 2013. This was in part to respond to grievances that had resulted in the coup, particularly relating to reports of an inflated senior officer corps and poor equipping of frontline troops. In turn, donors that had long treated Mali as an ‘aid-darling’ were becoming super sensitive to reports of public sector corruption.

Across the border, Niger, which to date has managed its ‘northern problem’ and the Libyan ‘spillover’ by ways of political accommodation, was also seeking an expanded security sector and additional resources. In so doing, the Nigerien government realised that the quid pro quo was to conduct a review of its security sector.

Both country reviews were undertaken by the World Bank working on its own; and for its own mandate reasons the Bank reviews were focused exclusively on the public financial management of the sector. This meant that more fundamental policy issues about the effectiveness of the respective militaries and the complementary roles played by key bilateral and multilateral (in Mali’s case) security actors were left aside. However, the reviews did serve to push for more accountable and transparent use of such resources as well as identifying resourcing gaps.

Management of external financial flows and shaping an emerging security sector: Somalia

Somalia in many senses confronts all of the challenges outlined above; the newly selected Federal Government (FGS) faces the existential threat posed by the al-Shabab insurgency while also hosting the African Union’s largest peacekeeping force (AMISOM) as well as a number of other onshore and offshore security interventions, such as by US and French forces. At the same time, the FGS is undergoing its own constitutional review process on how it relates to other entities within Somalia on key questions regarding the nature of the state and in particular the very scope, shape and purpose of a formal security and justice system.

The FGS is keen to take on greater responsibility, expand its remit beyond Mogadishu, and put a variety of external financial flows into the security forces on budget. It is also conscious of the significant resources going to external security providers, such as AMISOM, and would like increasingly to take over the functions of those actors as well as some of their funding.

For this reason it has turned to the World Bank and the UN Assistance Mission (UNSOM) for support in trying to strengthen public financial management systems, particularly but not exclusively for the Somali National Army and Somali Police Force, as well as to examine some scenarios for the sector and issues of affordability. This review is still ongoing but it is clear that Somalia faces similar questions posed in Kabul about what is a sustainable security sector, and are there alternative ‘cost-effective’ means to reach political settlement with other regional entities in Somalia while tackling an ongoing insurgency.

Emerging Issues

It is too early to say whether these recent government requests are turning into a systemic trend; there remain many countries for which such an opening-up of books would be out of the question. However, what this body of work does point to is a number of challenging issues particularly relating to the peace- and state-building agenda.

Accountability of external support: While many African militaries and security forces are still receiving significant external support, little of this is being formalised within the national budget and in turn discussed with parliaments and civil society. While transparent, accountable and open government is part of the official development discourse, foreign bilateral security arrangements are still kept more often closed and off the books. Foreign governments are not speaking with one voice: foreign assistance is coupled with calls for good-governance that can often be trumped or undermined by bilateral security arrangements.

Transparency as a process: Budget amounts to policy; it reflects what states actually do and are accountable for. Such reviews are critical entry points for the civilian side of governments to be more empowered in looking at various financing gaps and pose questions about how those gaps can be filled. Security budgets in developed countries often remain opaque and weakly scrutinised, no less than those in the developing world. There is no doubt that security expenditures can remain secret as they touch upon sensitive issues of national security; yet the sector can also harbour serious corruption, off-budget expenditure and unclear procurement practice. Transparency is therefore a bit-by-bit process. Better use of domestic resources could be one prize of greater scrutiny; another could ultimately be greater sharing of data at the regional level in order to build confidence amongst neighbours.

Revenues, security functions and state-building: Too often, classic SSR approaches can be a Weberian analysis of what a security apparatus should look like in any given country and how external actors can support the establishment of such a system. This is often blind to the actual functions of domestic security actors and their access to resources and exaction of revenues. A political economic inquiry can obtain a better understanding of how security forces raise revenues, from large-scale exploitation of natural resources to illicit taxation, and in turn what the functions of such forces are in practice. A greater understanding of these dynamics enables a clearer policy dialogue around, first, what is affordable in relation to revenues being exacted and, second, what incentives are required to transform those functions into provision of a public good – security.

Two examples come to mind. At the more micro-level, in 2008, a study on checkpoints in Côte d’Ivoire revealed that the military, gendarmerie and police were raising up to $100 million a year in illicit taxes on local traffic. This study enabled a more open discussion on what steps were needed to clear the checkpoints and remove the burden on commerce and public alike.

The more meta-level example is that of Somaliland in which security sector reform without external support has ‘worked,’ in the sense of providing stability and the conditions for successful democratic transitions of power. Local business and political elites forged a co-dependent coalition in the mid-1990s that allowed sufficient funds (initially some $6m) to pay for the stand-down and demoblisation of the clan militias. To this day some 30-50% of the regular budget is estimated to be payments to these forces; the high price for peace. Analysts have remarked on the way in which domestic revenue (business donations) were utilised to pay off militias (to stand-down and secure stability) that, in turn, no-longer exacted revenues from infrastructure points such as air or seaports. This allowed the government to raise its own revenues (albeit with the largest share of expenditures to pay for the army or demobilised militia) and the business sector to flourish.

Standards of affordability and effectiveness: ultimately this work asks questions around what is affordable and what is an effective security and justice sector. The former US Secretary for Defense (1961-68, when US military spending averaged over 8% of GDP) and President of the World Bank (1968-81), Robert McNamara, famously posited the idea of an ideal ceiling of 2% of GDP for security. Although that is a standard no longer referred to, the international financial institutions continue to discuss with client governments the size of the public sector in relation to the fiscal framework (revenues vs spending) and, in turn, the sectoral trade-offs such as those between national defence and provision of basic social services such as health or education.

A more important question is: what is effective security? This relates to a more rigorous management of public finances, greater accountability, transparency and measures against corruption. Yet, it also points to value-for-money performance standards for security and justice providers such as the police. Ultimately, it can potentially pave the way to a more participatory discussion among end-users (citizens) and providers (the state) about how to be cost-effective, which may include sustainable approaches to violence and conflict prevention, including addressing underlying causes of grievance and disorder.

Afghanistan is now going through another turbulent electoral cycle while donors seek some $3.5 billion to meet the costs of the Afghan army and police – now estimated at over $4 billion per year, or 20% of GDP – as the US and ISAF forces exit by the end of 2014. External security imperatives have superseded questions around affordability and effectiveness: and what is working and what is not. However, a number of African governments have at least started asking the right questions to obtain information to begin to address the challenge of creating affordable and effective security systems for citizens.

Bernard Harborne is lead of the Violence Prevention Team in the World Bank, having joined in 2004. He has worked for over 20 years on conflict-affected countries for the UN, World Bank, NGOs and the British Government. He has a background in law, including a Masters in International Law from the LSE, and is an adjunct professor at George Washington University. Opinions expressed in this article represent his personal views and not those of the World Bank.

 

Last week saw the start of yet another armed anti-government revolt in South Sudan’s Jonglei state.  Reportedly led by Murle militia leader Major General David Yau Yau, there are now fears that the revolt will escalate as a result of longstanding local grievances with the army of South Sudan, the Sudan People’s Liberation Army (SPLA).

The unrest comes as a result of a widely criticised government-led civilian disarmament campaign in Jonglei state – so-called ‘Operation Restore Peace’ – which was launched after violent clashes between Lou Nuer and Murle communities in January. Carried out by the SPLA, with an additional 15,000 soldiers and 5,000 members of the South Sudan Police Service, the campaign has been condemned by the United Nations Mission in South Sudan and groups such as Human Rights Watch for alleged human rights violations including killings; allegations of torture, simulated drowning and beatings; rape and attempted rape; and abductions. On October 3rd, Amnesty International issued a press statement calling on the government to take immediate action to end these reported human rights violations, launching a new report ‘Lethal Disarmament’ which highlights abuses in Pibor County of Jonglei State.

Not for the first time, the Government of South Sudan’s  civilian disarmament initiative has failed to improve security in South Sudan. In 2006, as described by the Human Security Baseline Assessment at Small Arms Survey, the SPLA’s forcible civilian disarmament operation in northern Jonglei State succeeded in collecting 3,000 weapons from the local community. However, as a result of the campaign’s focus on the Lou Nuer community and martial and poorly planned approach, as well as a lack of subsequent security guarantees for the community, heavy fighting ensued and more than 1,600 people were killed.

In 2008, Interim President  of Southern Sudan, Salva Kiir issued a decree to start a six month disarmament period across the country. Conducted by the SPLA, the aim of the operation was to get all civilians to surrender their weapons in a peaceful manner, although ‘appropriate force’ could be used. However, as operational logistics were not outlined after the decree, a lack of centralised strategy resulted in various outcomes and in many places, an increased sense of insecurity. For example, in Lakes State local police had their weapons confiscated and weapons searches became violent as reportedly drunken soldiers stole from people’s homes.

Thus far, civilian disarmament operations in South Sudan have done little to increase long term security. After decades of war, small arms and light weapons are notoriously rife in the young country, but attempts to solve this problem by confiscating these weapons does little to deal with the root causes of insecurity and communities’ need for self-protection.  Small Arms Survey estimates that prior to the interim separation of Sudan and South Sudan after the Comprehensive Peace Agreement in 2005, there were between 1.9 and 3.2 million small arms in circulation, with about two-thirds of these in civilian hands.  While these weapons come from a number of sources – including the SPLA during the Second Civil War – it is also important to understand why civilians feel they must arm themselves.

South Sudan’s severe underdevelopment, lack of infrastructure – with only 300km of paved road  – seasonal floods, and subsequent lack of service provision and security capacity, means that there is a considerable absence of established security services across the country.  Persistent, and often deadly, cattle raiding and escalating inter-communal armed conflict between groups such as the Lou Nuer and Murle in Jonglei State leave individuals and communities to seek ways to protect themselves and their property. Subsequently, informal community security structures are common; ranging from community initiatives to groups such as the Lou Nuer’s ‘White Army’, which was originally formed to protect cattle and now constitutes a major threat to Murle communities in Jonglei. In effect, the Government’s inability to ensure security at the community level means that groups are forced to take matters into their own hands, often challenging the state’s right to a monopoly of violence because of a lack of confidence in its ability to provide adequate protection.

In current approaches to civilian disarmament, communities are often left in a ‘security vacuum’, without the means to protect themselves from immediate security threats but without any guarantees that even short term immediate security assistance will be provided.  This state of vulnerability in turn leads to community backlashes, rapid re-arming or attempts not to turn weapons in.

As stated in a report by Saferworld in February 2012, ‘on its own, civilian disarmament does virtually nothing to address the factors fuelling demand and supply of these weapons, which requires a much more complex and long-term strategy.’  Reducing and managing the proliferation of civilian use of small arms and light weapons will require the Government of South Sudan to create a holistic strategy that addresses the demand for weapons as well as their supply. As has been proven in efforts until now, addressing the single issue of weapons supply without dealing with the underlying need for guns undermines attempts to decrease proliferation of small arms and light weapons. A government strategy would necessarily address structural issues, including the state’s capacity to provide professional security services that can be relied upon for protection, such that communities feel safe from immediate threats.

In no small measure, this will involve degrees of security sector reform, particularly with focused training on civilian interaction and ethnic impartiality in operations if the army is to be used for future operations. As the latest Amnesty report demands, the Government must ‘provide security forces carrying out civilian disarmament with the necessary training and resources to enable them to have a clear understanding of how to carry out disarmament in accordance with international human rights standards’. This must also include measures to address the structural issues facilitating civilian arms possession, including sales of weapons to civilians by government security forces because of lack of pay and porous regional borders that allow illicit trade. Such augmentation of basic infrastructure and security capacity in South Sudan will take years, and so attempts to reduce proliferation must also include measures to address immediate security threats, in addition to tackling longer term structural, capacity and training issues.

Civilian disarmament campaigns in South Sudan currently attempt to tackle one of the many symptoms of the country’s militarised post-war society. Instead, these campaigns must be seen as one aspect of an overarching and sustainable disarmament and security sector reform strategy that must be undertaken long term, while ensuring that the immediate security of communities is safeguarded and that their need for weapons to protect themselves is adequately addressed and reduced.

Zoë Pelter is a Research Officer of Oxford Research Group’s (ORG) Sustainable Security Programme. 

Image Source: ENOUGH Project

With conflict causing much political instability and human suffering in parts of the world, there is a need for preventive diplomacy which stops the outbreak, relapse or escalation of organized violence. Frontline diplomats have potentially crucial roles to play in early preventive efforts.

Conflict prevention is popular in international political circles these days. In April 2016, the UN Security Council and General Assembly passed concurring resolutions on the review of the UN peacebuilding architecture in which they confirmed the essential role of the UN in “preventing the outbreak, escalation, continuation and recurrence of conflict”. On 5 July, the German Federal Foreign Office launched a public outreach process for the development of new guidelines on civilian crisis prevention, an area for which it increased its funds by 260% from 2015 to 2016 to 248.5 million €. Last year, the British government announced plans to increase its Conflict, Stability and Security Fund from 1 to 1.3 billion pounds by 2019/20.

The political reasoning behind the call for prevention is simple: if the escalation of political disputes into organized violence or even outright civil war can be stopped in its tracks, it not only saves lives, but also keeps refugee flows created by war at bay and helps leaders avoid making difficult and potentially unpopular decisions about whether to launch military interventions to quell conflicts. Despite what seemed like a long-term decline of organized violence, the number of armed conflicts has ticked up again in the past few years: 2014 saw 40 armed conflicts, the highest number since 1999, and 126,059 conflict-related fatalities, the highest number since 1994, according to the Uppsala Conflict Data Program. At the end of 2015, 65.3 million people were either internally displaced or international refugees, the highest number since the Second World War. Yet many UN member states tend to view conflict prevention with suspicion, as they fear international meddling in what they perceive to be their domestic political affairs.

Putting high-flying international commitments to conflict prevention into practice and “sustaining peace” throughout the conflict cycle, as the SC and GA affirmed in their parallel resolutions, requires an astute handling of sensitive matters with intelligence and tact, prudence and patience. In short: diplomacy. While government ministries can, of course, reach out to their foreign counterparts directly and permanent representatives negotiate mandates for international organisations in New York or Geneva, frontline diplomats, i.e. members of the foreign service posted abroad, have potentially crucial roles to play in early preventive efforts. Preventive diplomacy aims at the short- to medium-term prevention of the outbreak, relapse or escalation of organized violence, through both coercive and non-coercive means serving a political purpose. Taking preventive diplomacy seriously requires a different, more active and principled kind of diplomacy. In order to do adjust to this profile, frontline diplomats need to be better equipped, trained, and organisationally empowered.

Frontline preventive diplomacy: benefits and risks

Frontline diplomats may be able to resort to thematic expertise, funds or international networks that they can employ to tweak political dynamics in a country. As some diplomats are repeatedly posted to conflict regions, they may draw comparative conclusions and show domestic parties the risky trajectories of their actions. And diplomats are, theoretically at least, trained in the very skills of facilitation, brokering and negotiation that might be needed to cool down heated tensions.

As the International Crisis Group lays out in an excellent recent report, preventive diplomacy is fraught with dilemmas and considerable challenges. Usually, the elites in a given country carry the main responsibility for the escalation of political conflicts, and even high-level officials of major powers have limited entry points when positions have become deeply polarized and parties are entrenched in a zero-sum logic. As the Crisis Group succinctly observes: “Outsiders must tread carefully when pursuing these goals. All early action involves engaging in fluid political environments. There is a high chance of political friction, with misunderstandings and miscalculations derailing plans. No form of crisis response is neutral.”

Frontline diplomats may grant insurgent groups unwarranted legitimacy simply by meeting them. Officially mediating between parties may raise expectations about peaceful conflict resolution, that, when disappointed, may embolden domestic actors to pursue their goals by violent means. Short-term goals of stabilization may conflict with long-term goals of democratisation and transitional justice. Thus, preventive engagements must be based on continuing political analysis and do-no-harm principles.

A different diplomacy

More fundamentally, an active pursuit of conflict prevention requires a different kind of diplomacy. Conventionally, diplomats pursue a narrowly conceived “national interest”, acting on explicit instructions from the capital. They concentrate on the governing authorities as official partners in their bilateral relations. As a result, their engagement is reactive and ad hoc, while preventive diplomacy requires a forward-looking and principled approach, as David Hamburg already wrote in 2003.

“I am not the person who sits all day at the office. I want to see how people live out there,” is how German Ambassador to South Africa Walter Lindner introduces himself in a video message on the embassy’s website. It sums up the kind of spirit diplomats need to embrace are they to further the ambitious objective of conflict prevention. Christopher J. Stevens, the US Ambassador to Libya murdered in 2012, represented the skills of a “guerrilla diplomat” (Daryl Copeland): multilingual, frequently speaking to people on the street, and showing respect and compassion for local cultures, traits which President Obama highlighted in his speech at the UN General Debate in September 2012.

Yet these diplomats are usually seen as “unconventional”. If governments want to take their stated objective of crisis prevention seriously, they need to embrace the following policies that support and empower their agents in the field. Political leaders and senior officials need to foster an organisational culture that grants ambassadors and other frontline diplomats more autonomy, based on frequent reporting on their activities. Leaders need to highlight bold behaviour, even when diplomats encounter hostility from host governments despite their most sensitive efforts; rewarding best practices can start horizontal socialization processes. Ministries need to provide frontline diplomats with the authority to quickly disperse small development funds and include them in internal discussions on government-wide country strategies.

Lastly, they need to offer training to their diplomats in conflict analysis, mediation and critical thinking. The German Federal Foreign Office, for example, only started to provide dedicated mediation courses to its attachés and more senior diplomats a few weeks ago. Similarly, a recent reform report of the British Foreign and Commonwealth Office argued to increase training in stabilisation and mediation as core skills for diplomats posted to fragile areas. Many intra-state conflicts are based on disputes within a country’s political elite; foreign diplomats trained in peace mediation may be able to facilitate conversations between polarized parties. As external third parties, they may help local stakeholders to identify mutually acceptable ways that lead out of their conflicts.

Conclusion

Historically, Western biases and wilful ignorance of domestic politics and cultures have marred international engagement in conflict prevention and resolution. A healthy dose of scepticism towards a renewed push for preventive diplomacy is therefore warranted. Diplomats need to overcome a rigid binary of local stakeholders whose actions need to be prevented and international actors who conduct preventive diplomacy.

If foreign services embrace a bolder, innovative style of (preventive) diplomacy that rewards local sensitivity, autonomy and innovation, however, they may improve the implementation of their foreign policy overall. Frontline diplomats need to travel in their host country extensively, collecting information about local grievances through first-hand observation. They need to reach out to the host population directly, through personal use of social media, as many British diplomats already do. And they need to maintain reliable relationships with key political actors that continue to function in crisis situations. If diplomats do that, they will find that an increased attention towards conflict prevention entails benefits – a deeper understanding of elite politics, influence beyond the capital and credibility with a broad spectrum of a country’s society – that continue to exist when a crisis ends.

Gerrit Kurtz is a postgraduate research student at the War Studies Department of King’s College London, where he researches the role of frontline diplomats in conflict prevention. He is also a non-resident fellow with the Global Public Policy Institute in Berlin, where he worked between 2012 and 2015 on the policies of emerging powers on a responsibility to protect populations from mass atrocity crimes. He also conducted research in South Sudan on local conflict management by UN peace operations. Aside from preventive diplomacy, conflict management and peacekeeping, his research interests include protection of civilians, transitional justice in the conflict in Sri Lanka, the conflict in South Sudan, as well as German and Indian foreign policy.

Author’s Note: This post is based on a journal article which first appeared in International Peacekeeping in 2016.

During the Cold War, Denmark was a staunch supporter of UN peacekeeping. Following the fall of the Berlin Wall, however, Denmark gradually turned its back on peacekeeping. More recently, Denmark has given priority to NATO- and US-led operations. This shift was driven by a number of interweaving factors. 

In its 2015 input to the High-Level Independent Panel on Peace Operations (HIPPO) chaired by Ramos-Horta, Denmark characterized itself as ‘a dedicated and engaged contributor to United Nations (UN) Peace Operations’. It also stated that ‘UN peace operation activities remain a central pillar of Denmark’s foreign and security policy’, and that Denmark since 1948 has provided more than 84,000 soldiers and staff members to more than 30 UN peacekeeping operations. The input to HIPPO did not mention that since 2001 Denmark has primarily made symbolic contributions of some 40-60 military observers, staff officers and advisors to UN operations, or that Denmark since 1995 has prioritized military operations led by other actors, notably the North Atlantic Treaty Organization (NATO) and the United States (US).

Two drivers have shaped Denmark’s evolving support for UN-led blue helmet peace operations since the beginning: a national interest in preserving Denmark’s security and welfare and an altruistic desire to do good. The mutually reinforcing interaction between interests and altruism meant that peacekeeping became internalized into Denmark’s foreign policy identity. As a result, a third driver materialized by the late 1950s: an identity-driven urge to contribute to peacekeeping because it was the ‘natural’ thing, which constituted a source of national pride and made Danish policy makers feel good.

When these three drivers “clicked” and reinforced one another, support for UN peace operations was strong and internalized as a major component of Danish foreign policy. When they stopped doing that, support for UN peacekeeping fell dramatically. This is the situation now, and it seems unlikely to change in the near future.

Denmark’s history of peacekeeping during and after the Cold War

Denmark began supporting UN peacekeeping during the Cold War because it allowed Danish decision makers to promote their interests and values at the same time. UN peacekeeping was regarded as good for national security because it lowered international tension and provided a way of supporting Denmark’s key NATO allies without angering the Soviet Union. UN peacekeeping was also good for Danish values as it supported Denmark’s vison of a rule-based international society characterized by peaceful conflict resolution. The successful peacekeeping operation launched in 1956 in order to defuse the Suez crisis strengthened Denmark’s support for peacekeeping.

The praise earned for the participation in this mission made Danish decision-makers realize that UN peacekeeping also provided an effective way of enhancing Denmark’s international prestige and influence. By the late 1950s peacekeeping had been internalized as part of Denmark’s foreign policy identity. Danish governments now portrayed UN peacekeeping as something ‘natural’ that Denmark should be proud to support. In 1964, Danish Foreign Minister Per Haekkerup even stated that it was a ‘duty’ for small nations like Denmark to support UN peacekeeping. This was not mere rhetoric. A feeling that one could not turn down a UN request thus influenced the 1964-decision to provide 1,000 personnel for a new UN peacekeeping operation on Cyprus.

This mutually reinforcing interaction between interests, values and identity meant that Danish support for UN peacekeeping operations became routine. The absence of operational setbacks and casualties allowed this routine to produce a steady supply of Danish peacekeepers for the remainder of the Cold War. 34,100 Danish soldiers served on UN operations in the 1948-1989 period. Denmark had an average of 811 soldiers continuously deployed abroad and contributed eight percent of the total number of UN peacekeepers (419,100) during this period, making it one of the largest UN troop contributors per capita.

The operational difficulties that the UN encountered in the Balkans in the early 1990s broke this routine. They served as an external shock undermining Denmark’s positive perception of UN peace operations. NATO’s successful bombing campaign and subsequent takeover of the UN operation in Bosnia in 1995 made the UN less attractive from an interest perspective. Denmark had always used UN peacekeeping as a way supporting its great power allies in NATO, and when they chose to abandon the UN in favour of NATO, Denmark followed suit.

The strategic failure of the UN operation in Bosnia, culminating in the Srebrenica massacre, also gave rise to the perception in Denmark that UN peacekeeping was ill-suited for ‘doing good’ in the post-Cold War era. The tactical success enjoyed by the Danish tank squadron in Bosnia in 1994 reinforced this perception. One engagement (Operation Hooligan Buster) made international headlines. On 29 April 1994, the Danish tanks successfully fought their way out of a Serb ambush firing their 105 mm canons 72 times. They also blew up an ammunitions depot killing an estimated 150 Serb soldiers. This skirmish became a watershed. Denmark’s great power allies showered Denmark with praise, and the Danish use of tanks influenced NATO’s and UN approaches to ‘robust peacekeeping’. The charismatic Danish tank commander, Lars R. Møller, became a national hero, and Danish decision makers became convinced that peacekeeping was best conducted with combat capable units; a perception subsequently reinforced by NATO’s successful enforcement missions in the Balkans.

Operation Hooligan Buster set in motion a process that in the course of the next two decades transformed Denmark’s foreign policy identity. The Danish peacekeeper, hailed for his ability to keep the peace without firing his weapon, was replaced by a new hero: the Danish warrior who made a difference on the battlefield. After Operation Hooligan Buster Danish politicians displayed far greater willingness to use force beyond self-defence. Denmark made large army contributions to NATO’s enforcement operations in the Balkans, advocated military invention in Albania as OSCE chairman in 1997, and allowed Danish fighter aircraft to conduct strike missions during NATO’s Kosovo War in 1999. Public support for the Kosovo war was higher in Denmark than anywhere else, and a large majority favoured contributing to a land war in case the air campaign failed. The strong public support for the war took Danish decision makers by surprise. Danish Minister of Defence Hans Haekkerup interpreted it as ‘a breakthrough in the history of Denmark’ and as proof that the Danish foreign policy identity had changed.

Denmark and the War on Terror

The US-led war on terror launched in response to the September 11 attacks in 2001 reinforced the Danish preference for NATO- and US-led operations and the emerging warrior identity. Denmark provided forces for the US-led wars against the Taleban and Iraq as well as the subsequent stabilization missions. The lion’s share of the approximately 20,000 Danish military personnel serving on international missions in the decade following 9/11 served in these two missions.

The Danish participation in the NATO and US missions in Afghanistan proved very costly. Denmark lost more soldiers in Afghanistan (43) than on all other international missions conducted by the Danish armed forces since World War Two, and a 20 billion DDK price tag (2001-2017) made it the most expensive international operation ever conducted by Denmark.

Surprisingly, the high costs and the less than satisfactory outcome of the Afghanistan war did not undermine domestic support for the mission. By 2011 when all 43 fatalities had occurred and it was clear that the mission would not succeed, 46% of the Danish population and a large majority in parliament continued to support it.

The predominant understandings of Danish interests, altruism and foreign policy identity explain why. The government narrative portrayed the war as being in Denmark’s interest because it supported the United States and NATO and reduced the risk of terror attacks on Danish soil. The narrative also emphasized that the operation enhanced Denmark’s standing and influence in NATO and in Washington. The mission was portrayed as the right thing to do in altruistic terms, because it helped the Afghan people and in particular the Afghan women. Finally, the war reinforced the warrior ethos in the armed forces and their martial prowess, highlighted in a series of bestselling books, was a source of considerable national pride.

Conclusion

The current high level of Danish support for NATO- and US-led operations is driven by a mutually reinforcing combination of interest, altruism and identity that resembles the one that underpinned Denmark’s strong support for UN peace operations during the Cold War. An interest in supporting Denmark’s great power allies was an important driver then and now. A major Danish return to UN peace operations NATO has enhanced its military presence in Eastern Europe significantly since then, and it is currently asking Denmark to make a greater army commitment to deter Russia in Eastern Europe than it ever made in Afghanistan. This makes it impossible for Denmark to contribute to UN-led operations with anything but small personnel contributions officers and critical enables. In sum, all indications are that Denmark’s military support for UN peacekeeping will remain at the low level that has characterized it since 2001.

Dr. Peter Viggo Jakobsen is an Associate Professor at the Royal Danish Defence College and a Professor (part-time) at the Center for War Studies at University of Southern Denmark. His is the author of Nordic Approaches to Peace Operations: A New Model in the Making? (London and New York: Routledge, 2009) and several other publications on (UN) peace and stabilization operations.

Dr Michael Nest has expertise in political and social issues around mining. He is also an anti-corruption expert and formerly worked for the Independent Commission Against Corruption in Sydney, Australia. He has recently focused on building capacity to prevent corruption in community development programmes, including a research paper on corruption in local-level development schemes funded by mineral revenues.  Michael is the author of Coltan (Polity Press, 2011), which is about the changing global supply chain for the mineral ‘coltan’ (or tantalum), the new US legislation focused on conflict minerals, and China’s emerging role in the market for this mineral. In 2012 and 2014, Michael advised African governments on the new certification mechanism for tin, tantalum, tungsten and gold being established to prevent conflict minerals from Central Africa entering the supply chain.  His latest co-authored book, Still a Pygmy: the unique struggle of one man’s fight to save his identity from extinction (Finch, 2015) is the first memoir by a Pygmy ever published.

In this interview, Dr. Nest discusses the political, environmental, ethical and social issues surrounding the mining of columbite–tantalite (coltan).

Q. In the past, arguably very few had heard of coltan. Yet in the past two decades it has entered into discussions in the UN and featured in several international media outlets’ reports. What is coltan and what is it used for?

Coltan is the nickname for the mineral ‘tantalite’.  When processed, the mineral tantalite is called tantalum – so tantalum is the metal.

Coltan – or properly speaking, the metal ‘tantalum’ – has a wide application.  About two-thirds of coltan is used in a device called a ‘capacitor’.  Capacitors are found in electronic products, especially consumer electronic products such as mobile phones, laptops, gaming platforms, and ipads, and are used to store and regulate the flow of electricity from the source of power (such as a battery) to the working parts of the device.  Capacitors have a crucial role in ensuring there is no power surge or fluctuations to the device that could disable or break it.  Coltan is also used for special alloys (mixtures of different metals), in memory chips for electronic consumer goods, and special coatings (such as on camera lenses).

Q. In which parts of the world is coltan mined?

Coltan comes from three sources: as a by-product of tin slag (20% of supply) – ‘slag’ is the waste material that sits in dumps around historic tin mines; recycling (30% of supply); and mines (50% of supply).

Coltan is extracted from tin slag in Brazil, Malaysia and Thailand.  Coltan that comes from recycled scrap materials is extracted at metal recycling plants in many countries around the world.

In terms of mines producing coltan/tantalite, these are found around the world.  In 2016, according to the US Geological Survey, the biggest producers of coltan are Rwanda, D.R. Congo, Brazil, China, and Australia (in this order), although historically Canada and Ethiopia have also been significant producers, and Australia was the largest producer until the global financial crisis in 2008.  There are lower levels of mine production in Mozambique, Namibia, Nigeria, and Zimbabwe.  Tantalite deposits have been identified and are being explored in Canada, Colombia, Egypt, Greenland, Madagascar, Namibia, Saudi Arabia, Sierra Leone, South Africa, Tanzania, Venezuela, and Zimbabwe.

Q. There has been some literature examining the relationship between coltan extraction and violence with a fair amount of discussion focused on the Democratic Republic of the Congo (DRC). What role did coltan play in the DRC’s war?

The allegation made by activist organisations focused on reducing conflict in the D.R. Congo is that profits from coltan mining were a primary source of funding for armed militias waging war against the government.  These militias, so the argument goes, used coltan profits to buy weapons and food, which allowed them to wage war.  Militias in the DRC are notorious for their attacks on civilian populations, so the argument was not just that coltan profits perpetuated conflict against the government, but also that these profits were a chief cause of massacres of civilians, systemic rape and widespread destruction of property of civilians who live in Eastern DRC where coltan mines are located.

In the late 1990s and early 2000s, activist organisations – as well as some media, academics and the UN – made connections between coltan profits and conflict in Eastern DRC, and focused overwhelmingly on coltan and not other minerals.  Many journalists continue to portray coltan as a major cause of conflict, although other commentators have now backed away from such simplistic claims and talk more broadly about ‘conflict minerals’ and acknowledge that conflict in the DRC occurs for a complex range of reasons.

Conflict in Eastern DRC occurs for multiple reasons, including:

• Local level struggles by powerful individuals for political domination
• Competition for land for agricultural purposes
• Ethnic rivalry
• For control of natural resources, especially minerals
• To protect land from outsiders seeking to exploit it (e.g., miners and loggers)
• Poor men waging war as a means of making a living through theft and looting

There were also broader factors around national-level conflict over the past 20 years that have drawn in local level actors and created incentives for war, including: military campaigns in DRC territory by the Rwandan and Ugandan armies (supposed by their local Congolese allies) focused on security concerns regarding opponents of their respective governments; defensive military campaigns by the DRC armed forces and government-allied local forces against the Rwandans and Ugandans and their proxies in the DRC, including retribution against civilian populations when they have regained territory; and armed groups with regional political agendas that oppose the DRC national government.  Fighting over mineral deposits was a minor element in all of these conflicts (a UN estimate of 1,500 local-level conflicts in the early 2000s was that fighting over natural resources accounted for only 8% of all conflicts), and conflict over coltan deposits was even less significant.

As I argue in my book Coltan (Polity 2011), some armed groups did, however, profit from coltan and undoubtedly these profits were used to buy weapons, food and other material used to wage war.  These profits were gained in four ways: armed groups stole coltan stocks from mine sites and mining companies’ depots; armed groups directly controlled production of coltan by controlling mines themselves; armed groups taxed the trade of coltan into and out of territory they controlled (as they did for other minerals and goods); and armed groups became directly involved in the export of coltan from Central Africa to the buyers on the international minerals market.  Calculating profits made from coltan is difficult, but I estimate that the total amount made by the Rwandan army from coltan in 1999 was approximately US$62m; by the Rwandan army and its Congolese-based ally (the RCD-Goma) in 2000 approximately US$10m; and by all armed groups in 2008 approximately US$11.8m.  Note that the high total in 1999 was largely because the price of coltan on the international market boomed that year and in 2000.

In sum, the war in the DRC was never just about minerals, and was certainly never just about coltan (gold, tin and tungsten were also importance sources of mineral revenue in the 2000s).  Tracing the role of coltan in war in the DRC, however, can tell us a lot about the connections between natural resources and conflict generally and research into these connections have helped broaden our understanding of the relationships between these natural resources and war.

Q. Were any Western corporations responsible for indirectly financing armed groups during the war in the DRC through purchasing coltan from the country?

During the wars between 1998 and 2003 companies from many different countries were involved in the coltan trade, including Western corporations.  The UN’s Report of the Panel of Experts on the Illegal Exploitation of Natural Resources and other Forms of Wealth in the D. R. Congo (April 2001) identified scores of private trading, brokerage, banking and transportation firms that participated in the illegal exploitation of natural resources from the DRC by trading or importing coltan from the DRC.

While almost none of these transactions were directly with armed groups (with the probable exception of some transactions involving Rwandan and Congolese firms), foreign firms were an important element of the coltan commodity chain that enabled armed groups in the DRC to profit from the production and export of illegally mined coltan to the rest of the world.

Because of the conflicted and dangerous conditions in Eastern DRC at the time, few foreign companies sent representatives into the country.  Instead, smaller Congolese or Rwandan trading firms bought and transported coltan into Rwanda, from where international minerals trading companies then imported it.  The UN identified twenty-seven firms from the following countries that imported coltan from the DRC via Rwanda: Rwanda (2 firms), Malaysia (1 firm), Germany (3 firms), Belgium (10 firms), Switzerland (1 firm), Netherlands (4 firms), UK (2 firms), Kenya (1 firm), India (1 firms), Pakistan (1 firm), and Russia (1 firm).  These firms sold the coltan they imported on to other minerals trading firms, or they sold it directly to processing plants.

Three big minerals processing plants bought much of the coltan that was exported via Rwanda during the early phase of the Congo Wars: Cabot from Canada, HC Starck from Germany and Ningxia Non-Ferrous Metals Smelter from China.  After 2001, Cabot and HC Starck released statements saying they no longer bought Congolese coltan.

Several airlines were involved in flying coltan out of Rwanda to second destinations, including Alliance Express (then 49% owned by South African Airways and 51% owned by the Rwandan government), Kencargo International (20% owned by Martinair), Airflo, Astral Aviation, and Martinair Holland, as well as the former Swissair and Sabena before these airlines collapsed.

The UN’s final report into the illegal exploitation of natural resources in the DRC (published October 2002), recommended placing financial sanctions on 29 companies from Belgium, South Africa, Zimbabwe, Rwanda, Uganda and the DRC itself, that were identified as being involved in the illegal coltan trade.  The same report identified businesses from OECD countries that the UN considered to be in violation of the OECD Guidelines for Multinational Enterprises, including from the UK, USA, Belgium, Switzerland, and Germany.  Firms from non-OECD countries that were also identified as having violated these guidelines were from Malaysia, China, Hong Kong, South Africa, and St Kitts.  The UN did not recommend sanctions on these OECD and non-OECD firms.  Rather, it brought attention to the firms’ breaches of these guidelines, presumably with a view to the companies then being reported to the national reporting contact point for such breaches in the relevant OECD country.

Q. In addition to the human rights issues attached to the coltan industry, is the mining process itself environmentally harmful?

Yes, there are environmental harms associated with coltan mining.  In the DRC, coltan mining overwhelmingly uses artisanal and small-scale (and occasionally medium scale) methods, although the harms these methods cause to the environment are not distinctive in that there is nothing specific about mining coltan that creates a different kind of harm to, for example, tin or tungsten.  Compare this to gold, where there are harms associated with the use of mercury.

 

In the DRC when a coltan deposit is found, miners rush in to exploit the site, regardless of whether it is on agricultural land or in a national park, and the mining destroys the potential for the land to be used for grazing or cropping, or as a biological reserve for fauna and flora.  Like other artisanal mining of minerals, artisanal coltan mining involves stripping forest and bush cover, then any topsoil, and digging pits to a depth of about 6m to get access to the ore deposit.  Water, provided through a pump system where a generator can be used, or by diverting a creek or river if a generator is not available, is used to soften the earth and rock, to break it up, and then to separate mineral ore from soil and to wash away the soil.  Water use is a major factor in the environmental harm caused by mining.

As I outlined in my book Coltan on pp.49-50, specific environmental effects of artisanal coltan mining include the following:

• Forest clearance to expose soil for mining;
• Cutting of timber to build worker camps;
• Cutting of firewood;
• Removing the bark from trees to make panning trays to wash coltan;
• Pollution of streams by silt from washing process;
• Diversion of streams from their original course;
• Cutting lianas to make baskets to carry coltan;
• Hunting animals, including for food, ivory and other body parts;
• Animals injured after escaping snares;
• Disturbance of fauna due to people resident in, and moving through, reserves;
• Reduced population of invertebrates and reduced photosynthesis in aquatic plants due to silting of streams;
• Reduced fish stocks in lakes and rivers affected by silt pollution;
• Erosion, including landslides, of unprotected ground during rains;
• Ecological changes due to loss of key species, such as elephants;
• Long-term changes in watershed due to rapid run-off in deforested areas;

There have been some studies that document these impacts.  A study of mining communities in the Kahuzi Biéga National Park in 1999 found that they ate elephants, gorillas, chimpanzees, buffalo, and antelope – all poached from the park.  However, a subsequent report in 2001 found that tortoises, birds, small antelope, and monkeys were being eaten because all the big animals had been killed.

Q. Do you feel that there are any plausible ways for companies to be certain that the coltan they use in manufacturing their products is not from a conflict zone or unethically produced?

A company can improve certainty around the origins of any coltan used in its products, if it sources metals directly through a smelter that has an exclusive long-term contract with a coltan producer in a country such as Brazil, China, or Mozambique.  In such smelters, supply from these producers is so consistent there is virtually no likelihood of it being ‘contaminated’ by ore from other destinations.  The conflict-free smelter programme, which works with over 200 smelters, has safeguards in place to verify the origins of minerals processed by its members.  While there is always a chance that these consignments of minerals could be mixed with ore from militia-controlled mines in the D.R. Congo, this would be fairly unlikely as the reputation of the smelter (and the programme) is at stake and there is considerable due diligence around the provenance of minerals.

The challenge of sourcing ethically produced coltan is complicated when companies are buying components, especially components manufactured from yet other components, to manufacture their final goods, e.g., electronic items.  It is impracticable for an end-manufacturer to check the origin of all the metals that are used in all components – because literally thousands of components may be involved – and unrealistic to think that companies are able to do this.  The best they can do, is try to identify component manufacturers that have declared they will abide by ethical standards for sourcing minerals and have systems in place this claim to be verified – and of course end-product manufacturers should insist on seeing evidence of such checks.

It is important that all D.R. Congo coltan is not seen as being a ‘conflict mineral’, in a way that become common after the US Government first passed its conflict minerals Dodd-Frank legislation in 2010.  Civilian Congolese producers of coltan should be allowed to sell their product on the world market, and such production and trade is one of the few economic opportunities available to many Congolese.  The emphasis in terms of due diligence around ethical production of coltan should be on determining if coltan comes from conflict zones and is produced by armed groups, rather than if it comes from the DRC itself – this is an important distinction.  There are various schemes in place, or being established, in the DRC to ensure civilian-produced coltan is traced through to export.  The most well-known of these is the industry traceability and due diligence programme for coltan, tin and tungsten, which is managed by the International Tin Research Institute.

Q. As you mention, there have been a range of international efforts that have endeavoured to address the ethics surrounding coltan mining. Overall, do you feel that current efforts are succeeding or falling short?

Efforts have brought attention to ongoing violence and instability in the DRC, which is a good thing.  The problem is that the focus of activists, and even government initiatives such as the US Dodd-Frank legislation, has often been solely on conflict minerals as a cause of violence rather than a range of factors.  Thus, while there is heightened attention, there is also a simplified narrative being propagated that is detrimental to understanding the causes and consequences of the conflicts.

There is no doubt that international efforts have had an effect on the mining industry in DRC, but also Rwanda.  The passing of US legislation and consequence temporary embargo by the DRC government in late 2011 on any exports of conflict minerals, severely curtailed mining and trading of these minerals in eastern provinces (it was business as usual for mining in other provinces, such as Katanga).  This showed that international efforts can definitely have an impact (presumably President Kabila of the DRC felt that he had to impose the embargo to appear to be doing something about the conflict minerals trade).  New OECD regulations, the conflict-free smelter program and the International Tin Research Institute’s ‘tag and bag’ scheme for tin and coltan in Rwanda and some mines in DRC are also closing opportunities for ‘laundering’ conflict minerals through civilian-controlled supply chains, while also guaranteeing opportunities for civilian-produced and traded minerals.

There are criticisms of these schemes, especially ITRI’s tracking scheme which is expensive for participants, and regional governments and officials feel they are excluded from its data or operations.  Nevertheless, in a complex and difficult political and economic environment, the combination of regional and international efforts have resulted in more mines and more mineral transactions coming under civilian control, and therefore generated economic opportunities for Congolese civilians.  This said, anti-government militias and the DRC army are still involved in some mining and trading of the 3Ts and gold.

The big question is whether current political tensions around President Kabila’s possible election to a third term, will cause the ITRI scheme to be suspended, see renewed militias activity in Eastern provinces, and a resumption of widespread smuggling of minerals out of Eastern Congo into Uganda, Rwanda and Burundi.

Q. Do you think China will complement the efforts of Western organizations and the DRC’s own efforts at cracking down on the conflict mineral trade or will China’s status as the world’s largest coltan refiner make matters more difficult?

To answer this question properly, we have to pull apart the idea of ‘China’.  The Chinese government may have some interest in protecting its international reputation by participating in or publicly supporting international government initiatives to control the production and trade of conflict minerals.  This might include passing some minimal regulation on its own industry (possibly that it has no intention of enforcing).  It will have no interest in supporting activist initiatives, as it will not to want to fuel or strengthen independent civil society, let alone one that might actually have influence over aspects of international commerce.  The Chinese minerals industry, on the other hand, is aware of its strong and growing position in the global mining and minerals sector – a sector that the Chinese government itself sees as strategic.  Without pressure from its own government to desist from importing, smelting or otherwise trading in conflict minerals, the Chinese minerals industry will see no reason to change the current situation.  Some Chinese consumer product manufacturers, especially in the electronics sector, will be aware of the potential for boycotts by Western consumers to damage their sales and reputation, but Western consumers are not significant for some electronics manufacturers.  Asian (especially Chinese), African and Latin American consumers will be far more important, and awareness or concern by these consumers about conflict minerals is low.  In sum, while Chinese actors may be interested in some international efforts to regulate the trade of certain products, conflict minerals will be low on the list of priorities and there is unlikely to be any Chinese effort in this regard.

Q. Looking to the future, what impact do you feel Donald Trump’s presidency may have on talking the problem of conflict minerals?

Trump made it clear during his campaign that he is in favour of minimal regulation for business and that the US should be more isolationist in terms of spending less time and effort worrying about global affairs.  Given that responses to conflict minerals are based around additional regulations for business (regulations that everyone agrees have a cost in terms of compliance), which also represent an effort by OECD governments to shape conflict minerals production and trade in Central Africa, a Trump administration is highly unlikely to have much, if any, interest in such initiatives.  US business groups have already contested the regulations of the Dodd-Frank Act, and they will see a Trump presidency as creating another opportunity to exert pressure and have the regulations pared back or abolished.  A Trump administration is also likely to cut funding for USAID projects focused on capacity building for Central African governments to regulate production and trade of the mining industry.

States recently embraced a new policy regarding the fight against maritime piracy, and many began authorizing their cargo ships to carry private armed guards to help protect them when travelling through pirate-infested waters. Whilst this approach has yielded some success in protecting ships, it has also produced some major problems.  

Author’s Note: For a more detailed argument about why states should cooperate to regulate armed guards providing anti-piracy protection, see the article “Gunslingers on the High Seas: A Call for More Regulation,” 24 Duke J. Comp. & Int’l Law 105 (2013), written by Yvonne M. Dutton, which is available on SSRN.

In 2011, the fight against maritime piracy changed. Until then, the world’s navies were primarily charged with providing the bulk of anti-piracy protection, and individual ships were encouraged to do their part in deterring piratical acts by employing the industry’s “best management practices” – a set of primarily passive defense measures.  But, in early 2011, the International Chamber of Shipping (ICS), the main trade association for the shipping industry, announced that it had changed its previous stance opposing the use of armed guards on ships. Instead, it stated that the decision of whether to hire armed guards should be left to ship owners and their flag states.

States embraced the new policy position, and many began authorizing their cargo ships to carry armed guards to help protect them when travelling through pirate-infested waters. The reason for the change was simple: the world’s navies had managed to prevent many pirate attacks after they began patrolling the Gulf of Aden and Indian Ocean in 2008, but they simply could not control enough of the high seas to make travel safe for all.  By 2012, some 60% of cargo ships employed armed guards. Hiring the guards is not cheap—costing ship owners about $60,000 for a four-person team to accompany travel through the Gulf of Aden. On the other hand, the evidence suggests that no ship protected by private armed guards has been the victim of a successful pirate attack. In 2009, despite the presence of the world’s navies, Somali pirates attacked more than 200 ships, resulting in more than 40 successful hijackings. The contrast with 2015 is significant, with the International Maritime Bureau (IMB) Piracy Reporting Centre showing no attempted or successful Somali pirate attacks.

Although apparently no ship protected by private armed guards has been successfully attacked, there are reasons to be concerned that the guards will not perform their anti-piracy duties in a way that does not escalate violence, involve unlawful use of force, or cause international incidents.  A March 2011 incident between private armed guards hired to protect the cargo vessel Avocet and alleged pirates in the Gulf of Aden illustrates this point. Video footage shows PMSC personnel firing dozens of shots at an approaching skiff after their team leader ordered them to fire “warning shots.” The guards continued to shoot even after the skiff crashed into the Avocet. The Private Maritime Security Company (PMSC) defended the actions of its personnel as justified, stating that the guards feared for their lives and were acting in self-defense. A maritime industry expert, though, expressed the view that the failure to fire actual warning shots and the rapid and sustained rate of gunfire show the guards used excessive force.

A recent New York Times report suggests that the risk that private armed guards may mishandle potential pirate attacks has increased, rather than decreased, over the last several years. The report centers on a video showing four unarmed men being gunned down at sea by someone who industry experts believe is a private armed guard wielding a semi-automatic weapon. Other private armed guards interviewed for the article lamented a booming $13 billion-a year security business teeming with untrained guards. They stated that many armed guards employed by a shipping industry concerned with cost-cutting “lack combat experience, speak virtually no English (despite a fluency requirement), and do not know how to clean or fix their weapons.”  And untrained guards can panic and fire too soon or hesitate for so long that they miss the chance to employ preventative measures that could prevent resort to deadly force.

However, no coordinated set of international guidelines regulates PMSCs and the hiring and training of private armed guards to aid in the fight against piracy. States instead each make their own rules. Germany and France are examples of states that have taken a more hands-on approach, requiring PMSCs to meet certain criteria to help ensure that guards are thoroughly vetted and well-trained in the use of force before the company can obtain a special license or certificate to provide services on the state’s flagged ships.  The Marshall Islands is similarly hands-on, requiring ship owners to hire only from PMSCs that have been certified to the International Organization for Standardization’s (ISO) 2015 Guidelines for PMSCs by an accredited certification body. The United Kingdom takes a different approach and refrains from mandating particular licensing or certification standards. It does, however, encourage its ship owners to employ guards from PMSCs that have been voluntarily accredited under the ISO’s 2015 Guidelines for PMSCs. Finally, some states are more hands-off as regards vetting and training of guards. For example, Singapore states that the decision of whether to hire armed guards is a matter for ship owners to decide. It does warn that the decision should be made “after a thorough risk assessment and after ensuring all other practical means of self-protection have been employed.”

A Call for More Regulation and Coordination

States that have employed a more hands-on approach to vetting guards and ensuring that PMSCs meet certain standards of operation and training should be commended. However, unless all states are similarly vigilant, we cannot eliminate the risk that untrained “cowboy” guards will indiscriminately shoot to kill when the law and facts do not warrant that use of force.  All states should accept responsibility for making sure that the world’s oceans are safe from “cowboy” guards by negotiating an international convention establishing one set of regulations to govern PMSCs and the qualifications and training of maritime security personnel. A world where each state’s PMSC standards differ can create an incentive for ship owners concentrating on the bottom line to choose to sail under the flag of a country with looser regulations.  Similarly, absent an agreed-upon international standard, PMSCs may choose to register themselves in a jurisdiction with lax laws.

Getting states to agree on a regulatory scheme for PMSCs will require effort. On the other hand, states need not start with a blank slate: the ISO has already created guidelines for PMSCs.  The ISO’s 2015 Guidelines for PMSC address security management system elements and operational planning for PMSCs providing armed guards in high-risk areas.  For example, Section 4.2.5 of the Guidelines states that the PMSC “should establish and document its processes for compliance with home state, coastal and flag state laws as regards the procurement, licensing and transshipment of firearms for each transit.”  That same section more precisely also states that the PMSC should “comply with any home or flag state or local requirements in respect of identifying and licensing individuals who will use such firearms, including ‘end user certificates’ where national laws apply.” Section 4.3.2 discusses procedures PMSCs should employ for background screening and vetting of guards, stating that “[s]election of qualified personnel should be based on specific competencies and criteria defined by the organization including knowledge, applicable and relevant military, law enforcement or equivalent experience, skills, abilities and attributes.” Section 4.4.3 states that the PMSC “should establish, implement, and maintain procedures to ensure all security operatives carrying out tasks on its behalf are aware of and receive training” on, among other things (1) the maritime environment; (2) ship security systems and defense arrangements; (3) rules on the use of force generally and as they apply for specific transits; (4) competence with specific firearms and how to properly store arms; (5) the prohibition of consuming alcohol or dugs while on the ship; and (6) procedures to document any incidents involving the use or arms. In terms of operational planning, for example, Section 5.1 states that the PMSC “should establish and document processes and protocols for legal authority and licensing, preparation, deployment, command and control and communication with its security personnel.” (ISO makes the Guidelines available for download from its website for a fee.)

As noted above, the Marshall Islands now mandates that its shippers hire armed guards only from PMSCs certified to the standards of the 2015 ISO Guidelines by a United Kingdom Accreditation Service (UKAS) authorized certification body.  The United Kingdom encourages its shippers to “use independent third party certification” to the ISO Guidelines “as an important component of their criteria in selecting a PMSC.” States have little excuse not to follow their lead—the ISO standards and certification processes already exist.

Certification, though, should not be the end of the process. To make certain that PMSCs continue to deliver quality, reputable services, states should create a regular monitoring mechanism that can be implemented by either an existing institution or one that is newly-created. And all states should ensure that the PMSCs their shippers hire are subjected to that regular monitoring mechanism. The process of monitoring PMSCs necessarily will not be without costs. But both ship owners and states should be willing to fund the effort. To continue with a system in which each state creates its own rules or not rules at all puts innocent lives at stake and risks escalating levels of violence at sea. All civilized states should instead work towards making the seas safer for all, not riskier.

Yvonne M. Dutton is an Associate Professor of Law teaching international criminal law, comparative law, evidence, criminal law, and criminal procedure. Dutton has practiced law as a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York, where she tried narcotics trafficking and organized crime cases. She also practiced as a civil litigator in law firms in New York and California.  Dutton’s research interests include international criminal law, international human rights law, and maritime piracy. Broadly speaking, her scholarship examines questions about international cooperation and the role and effectiveness of international institutions in deterring and holding accountable those who commit crimes of international concern. Dutton has published a number of law review articles analyzing issues associated with maritime piracy. 

Jenny Nielsen and Marianne Hanson

The first week of the third Preparatory Committee (PrepCom) for the 2015 Review Conference (RevCon, held every five years) of the Nuclear Non-Proliferation Treaty (NPT) has witnessed a heavy emphasis on issues relating to the disarmament pillar. In particular, the humanitarian impact of nuclear weapons, highlighted by a wide-ranging, cross-grouping, multi-aim initiative which continues to consolidate itself in the non-proliferation regime, has come to the fore. Frustrated with the lack of progress towards NPT Article VI commitments to complete nuclear disarmament, the initiative has invigorated attention to the urgency of nuclear disarmament and a need for a change in the status quo. NPT member states and civil society continue to engage actively in publicizing the humanitarian consequences of nuclear weapons as an impetus to progress towards nuclear disarmament.

The Humanitarian initiative

Austria has announced the dates of a Third International Conference on the Humanitarian Consequences of Nuclear Weapons, to be held on 8-9 December 2014 in Vienna. This conference will follow the March 2013 Oslo conference and the February 2014 Nayarit conference, which were both notably boycotted by the five NPT nuclear weapons states (NWS: the UN Security Council permanent members, or P5).  Whether any of the five NWS will participate in the Vienna conference, remains to be seen. Given the Chair’s summary of the Nayarit conference, which includes some of the Mexican chair’s personal perceptions on the humanitarian initiative’s aims, the Austrian Ministry of Foreign Affairs may find that appealing to the NWS to attend will be a challenging task.

At the PrepCom, the Mexican delegation explained that the Chair’s Summary of the Nayarit conference, ‘reflects the opinion of the overwhelming majority of delegates, in the sense that these discussions should lead to the commitment by States and civil society to achieve new standards and standards through a legally binding instrument prohibiting nuclear weapons in the same way, as in the past, the weapons that have been eliminated were first banned’. Furthermore, the Mexican delegation to the PrepCom stressed that ‘the time has come to initiate a diplomatic process, to define specific time lines and the most appropriate fora to achieve this work’.

Since the inclusion of the humanitarian consequences issue in the Final Document of the 2010 NPT RevCon and the reinvigoration of this initiative in the PrepComs since then, the NWS have been cautious of the initiative’s coordinated activities and continue to question the aims of the initiative.  In particular, the NWS will not readily engage in the initiative as long as they interpret or perceive it to be the pathway towards a delegitimization process and, ultimately, a ban on nuclear weapons’ possession and use. For this reason, controlling the initiative’s external communication of its aims and activities will need to be carefully managed in order to sustain its broad, cross-grouping support-base and participation. This, in turn, will enforce its credibility and longevity in the regime towards the goal of progress towards nuclear disarmament.

Suing for Nuclear Zero

On 24 April, a few days before the NPT delegations convened at the UN for the PrepCom, the Republic of the Marshall Islands filed cases in the International Court of Justice and the U.S. Federal District Court claiming that all nuclear-armed states—including the four non-NPT states: India, Israel, DPR Korea, Pakistan—‘have failed to comply with their obligations […] to pursue negotiations for the worldwide elimination of nuclear weapons’.  These cases, referred to as the Nuclear Zero lawsuits, are based on treaty law obligations (for the five NPT NWS) and customary international law (for the four non-NPT member states). The Labour Party of New Zealand (currently in opposition) has pledged support for the lawsuits. Civil society groups at the NPT PrepCom have heralded the motion.

As a testing ground for U.S. nuclear weapons (between 1946 and 1958), the Republic of the Marshall Islands bears firsthand experience of the effects of radiation. On the first day of the PrepCom, the Minister of Foreign Affairs of the Marshall Islands, Tony de Brum, delivered a powerful statement including a personal account of his own childhood memories of U.S. nuclear testing. Given the close US-Marshall Islands economic and defence ties, including an agreement for use of the U.S. Army Kwajalein Atoll missile test range, it is an interesting bilateral development.

In her 29 April statement to the 2014 PrepCom, U.S. Under Secretary Rose Gottemoeller asserted that ‘it is the United States’ deep understanding of the consequences of nuclear weapons use—including the devastating health effects—that has guided and motivated our efforts to reduce and ultimately eliminate these most hazardous weapons’. Gottemoeller stressed that ‘it is imperative that we make sure people remember the human impact of nuclear weapons’. In a nod to the Nuclear Zero lawsuits she added that her ‘recent trips to the Marshall Islands and Hiroshima were potent reminders of the need to persevere in confronting this challenge’. The inclusion and attention to these issues in the U.S. statement is an indicator of the prominence and importance of the humanitarian dimension initiative. Notwithstanding universal formal engagement, the initiative is percolating through national statements and embedding itself in discourse widely.

Article VI commitments

Strategically timed for impact during the PrepCom and in furtherance of commitments to transparency, on 29 April, the U.S. State Department released newly classified information on the U.S. nuclear weapons stockpile. As noted by the Federation of American Scientists, the new figures revealed by the Obama administration boil down to only 309 warheads fewer than the 5,113 reported in 2010. While underwhelming for some in civil society given high expectations on deliverables under Article VI, the U.S. reporting on stockpile figures should be welcomed and acknowledged as a positive move by one of the five NWS.

The New Agenda Coalition (NAC, comprising Brazil, Egypt, Ireland, Mexico, New Zealand and South Africa) submitted a meaty working paper on Article VI to the PrepCom. As highlighted by the Irish delegation, this suggests four options for the way forward, outlining ‘prospects for a Nuclear Weapons Convention, a Nuclear Weapons Ban Treaty, a looser framework arrangement of mutually reinforcing instruments, or a hybrid of any or all of the above’. The NAC offers these options for discussion without prescription for one outcome. Ireland argues that discussions must begin immediately in order to identify what is needed and how to frame this. Warning that ‘we will not, under any circumstances, countenance a simple roll-over of the 2010 Action Plan’ at the 2015 RevCon, Ireland stressed that ‘to do so would inflict even further damage on the NPT as a credible driver of disarmament and non-proliferation efforts’.

With 128 states supporting the joint statement on the humanitarian consequences of nuclear weapons at the UN General Assembly First Committee in October 2013, the second week at the PrepCom is likely to witness growing support for the initiative’s statement, but only if its wording can balance the political and strategic needs of all of the wide-ranging states. Notably, at the 2013 PrepCom, Japan opted not to pledge formal support to the statement due to trepidation about a clause in the initiative’s statement which was interpreted as having implications for its strategic alliance and coverage under the US nuclear umbrella. Alienating key states – especially US allies – by expressing views too categorically will not serve the humanitarian initiative well. At the same time, it is hard to deny the frustration felt by most states at the lack of progress towards nuclear disarmament.

Civil society engagement

Akin to the wide range of support and engagement for the humanitarian dimension initiative shown by states parties, civil society groups have made many broad-ranging contributions to highlight the initiative’s aims. Chatham House published a thorough report on the risks of inadvertent, accidental or deliberate detonation of nuclear weapons based on an assessment of historical cases of near nuclear use, offering recommendations for mitigating these risks. The European Leadership Network (ELN) released a group statement (supported by 52 high-level signatories) with a list of broad ranging recommendations for necessary steps for a successful 2015 NPT Review Conference. Warning that the humanitarian dimension initiative ‘has become a deeply divided issue among NPT states-parties’ and arguing that ‘this division is damaging the diplomatic atmosphere’, the ELN calls on the P5 to participate in the initiative’s third conference in Vienna in December.

Across the Atlantic, a coalition of US-based civil society organizations published an open letter to President Obama calling for action on nuclear disarmament, including amongst several suggestions, participation in the Vienna conference. The coalition highlights the deterioration in US-Russia relations, given continuing and foreseeable NATO expansion and in light of the crisis in Ukraine, noting concern for prospects for future bilateral arms reduction negotiations.

Other disarmament advocacy groups including Reaching Critical Will and ICAN are steadfastly calling for a process of negotiations for a new legal instrument prohibiting nuclear weapons. Demanding a nuclear ban, the Geneva Nuclear Disarmament Initiative, aka Wildfire, continues to head-on challenge and mock the status quo of the NPT review process, exposing inconsistencies in nuclear policies by NPT states, with a focus also on NNWS relying on extended nuclear deterrence, particularly Australiaand those NNWS hosting NATO theater nuclear weapons, such as the Netherlands.

A major challenge faced by the PrepCom’s Chair, Peruvian Ambassador Roman Morey, will thus be to reconcile these disparate approaches and views while preserving the essential aims of the humanitarian initiative. There is a clear need to engage the NWS and seek their attendance at the Vienna conference in December and to steer diplomacy as well as civil society activism towards an achievable path for the elimination of nuclear weapons. If the PrepCom concludes with recriminations and division, it will bode ill for next year’s NPT Review Conference.

 

Jenny Nielsen is a Postdoctoral Research Fellow in the School of Political Science and International Studies at the University of Queensland. Previously, she was a Research Analyst with the Non-proliferation and Disarmament Programme at the International Institute for Strategic Studies (IISS), a Programme Manager for the Defence & Security Programme at Wilton Park, and a Research Assistant for the Mountbatten Centre for International Studies (MCIS) at the University of Southampton, where she co-edited the 2004-2012 editions of the NPT Briefing Book.

Marianne Hanson is Associate Professor of International Relations at the University Of Queensland and Director of the University’s Rotary Centre for International Studies in peace and conflict resolution. She has published widely in the field of international security, with a focus on weapons control, and is currently engaged in a book project examining the emergence of the humanitarian initiative in nuclear weapons debates.

In May 2014, Cameroon declared war on Boko Haram at the Paris Summit. Since then, Boko Haram has intensified its activities in the Far North Region of the country, making Cameroon the second most targeted country, in terms of attacks, by the sect. Hans De Marie Heungoup, Cameroon analyst at the International Crisis Group, provides insights on the rise of Boko Haram in Cameroon, the stakes for the country and efforts made by the Government to overcome the jihadist organisation.

How would you describe the rise of Boko Haram in Cameroon?

The penetration of Boko Haram in Cameroon took place gradually and in several phases. At each phase, the group has been able to change its modus operandi and adapt to the response of Cameroonian defence forces. While the first frontal attack of Boko Haram against Cameroon dates back to March 2014, the presence of members of the sect in the Far North was signaled as far back as 2009. In fact, in July 2009, after clashes between Boko Haram militants and security forces at Maiduguri in which more than 800 members of the sect were killed, including the founder Mohamed Yusuf, several members of Boko Haram found refuge in and/or transited through the Far North of Cameroon. But up until then, Cameroon had shown only little interest in the Islamist group.

Boko Haram’s interest in Cameroon grew between 2011 and 2013. This is an interesting phase because it is during this period that Boko Haram started spreading its religious ideology, mainly in the Logone and Chari and Mayo Sava divisions of the Far North, recruiting Cameroonians as fighters and using this part of the territory as a rear base or safe haven. Specifically, from 2011, in addition to seeking refuge on Cameroonian territory after attacks in Nigeria, members of Boko Haram regularly bought foodstuffs on different markets in the Far North. They also infiltrated former networks involved in trafficking, smuggling of motorbikes, adulterated fuel (zoua-zoua) and Tramol (drug) in the far north. It was also between 2011 and 2013 that they established most of their networks of arms caches on Cameroonian territory, with Kousseri serving as their logistics base. At the same time, like Chad, the Far North of Cameroon served as transit points for weapons bought by Boko Haram from Libya and Sudan. Fotokol in Cameroon has been one of the entry points of these arms into Nigeria.

While until 2012 the presence of Boko Haram in the Far North was rather passive and unknown to the public, despite a few targeted killings and abductions of Cameroonians in the Mayo Sava and Logone and Chari divisions, the practice of kidnapping of foreigners, adopted from February 2013, marks a shift by Boko Haram to a more active approach on Cameroonian soil. Between 2013 and 2014, the jihadist group abducted 22 foreigners (French, Chinese, Canadians and Italians) in Cameroon and released them each time after the payment of ransoms the total amount of which was at least $11 million and the release of about forty of its members detained in Cameroon. In 2014, Boko Haram moved from the active approach to a frontal approach with attacks on police stations and military bases. Thus, from March 2014 to March 2016, Boko Haram carried out more than 400 attacks and incursions in Cameroon, as well as about fifty suicide bombings that left 92 members of security forces dead, injured more than 120 others and  killed more than 1350 civilians.

Over the last two years, Boko Haram has been able to alternate between low-intensity attacks requiring only about ten fighters on motorbikes and conventional attacks that can mobilise more than 1000 fighters, as well as armored vehicles and mortars. Up to now, the abduction of the Vice-Prime Minister’s wife in July 2014, the thirty or so conventional attacks on Fotokol, Amchide and Kolofata in 2014 and 2015, as well as a series of suicide attacks that hit Maroua in July and August 2015 are the most spectacular actions carried out by Boko Haram in Cameroon.

After this peak period, Boko Haram, whose firepower was at its best between July 2014 and March 2015 when it also controlled more than 30 000 square kilometers of territory in northeast Nigeria, gradually declined from January 2015 following renewed engagement of the Nigerian army ahead of the presidential election, and then the coming to power of Muhammadu Buhari who overhauled the apparatus to fight Boko Haram in Nigeria.

Furthermore, the engagement of Chadian and Cameroonian troops, who inflicted huge losses and setbacks on Boko Haram, significantly weakened the group to the extent that, for the past nine months, it has not been able to carry out any conventional attacks in Cameroon and has lost most of the territories that it was holding in Nigeria (Cameroonian troops declare that they have killed more than 1500 members of Boko Haram in fights and arrested more than 900 suspected members. The Islamist group has also suffered huge logistical losses). Conscious of the new power balance, the jihadist organisation has resorted to purely asymmetric warfare, giving preference to suicide bombings and low-intensity attacks. From July 2015 to March 2016, Boko Haram carried out more than 50 suicide attacks in Cameroon, killing more than 230 people and wounding 500 others. This war has had an adverse effect on the economy of the Far North of Cameroon which was already the poorest and the region with the lowest school enrolment rate in the country before the war. It also led to an influx of 65 000 Nigerian refugees to Cameroon and caused the internal displacement of more than 93 000 people.

Why did Boko Haram start attacking Cameroon?

Boko Haram started launching a frontal attack on Cameroon because the Government strengthened the security apparatus in the Far North and dismantled about ten arms caches of the sect, as well as corridors for the transit of weapons. In fact, Cameroonian authorities were in an increasingly untenable situation at the beginning of 2014. Despite the head-in-the-sand policy adopted at the beginning which consisted of turning a blind eye on the presence of Boko Haram members in the Far North in the hope that they would not take on Cameroon, the sect continued to abduct foreigners and Cameroonians. Moreover, the Nigerian Government and press accused Cameroon of serving as a rear base and support for Boko Haram. Faced with such pressures and following the abduction of ten Chinese nationals at Waza, the only rational option for Cameroon was to declare war on the sect. Of course, once war was declared in May 2014, Boko Haram, in turn, increased its attacks in Cameroon to the extent that the country became the second major target of the Islamist group.

How effective are the Cameroonian government’s counterinsurgency efforts?

To combat Boko Haram, Cameroon has deployed two military operations, namely Operation EMERGENCE 4 made up of units of the regular army and Operation ALPHA comprising of units of the Rapid Intervention Battalion (BIR), the elite corps of the Cameroonian army. In addition to these operations, we have the multinational joint task force whose first military sector is based in Mora and comprises of 2450 Cameroonian troops. On the whole, about 7000 men have been deployed by Cameroonian defence forces in both operations they and the regional joint task force have efficiently warded off conventional attacks by Boko Haram. However, Cameroonian troops find it more difficult to thwart suicide bombings.

Moreover, the weakness of Cameroon’s response against Boko Haram is the absence of a policy and measures to combat radicalization and a program for de-radicalization. Similarly, given that this region is the poorest and has the lowest school enrolment rate in the country, and that these factors have facilitated recruitment and indoctrination by Boko Haram, the Government’s response on the socioeconomic development level in the Far North is still fragmented, poor and ill-adapted to the stakes.

How do you analyse the state of the regional cooperation against Boko Haram?

To address the threat posed by Boko Haram, the states in the region (Nigeria, Cameroon, Chad, Niger and Benin) under the aegis of the Lake Chad Basin Commission set up a multinational joint task force. The regional task force has been slow to put in place, but after several delays, the multinational task force was set up and only finally went operational later in 2015. However, the multinational force is witnessing financial and logistical difficulties that are affecting its full operationalisation and few donors have so far delivered on their pledges. As such, only the first sector of the force is operational as of now.

The other specificity of the regional response is that it has assumed more of a bilateral rather than multilateral orientation: like the military cooperation between Chad and Nigeria or Nigeria and Cameroon that, despite the bottlenecks recorded at the beginning, has improved significantly over recent months to the extent that the right of hot pursuit is now a reality. However, the major shortcoming of this regional response is that it focuses on military aspects. No serious brainstorming is done on development issues and the fight against radicalization at the regional level. In the same light, no reflection has been initiated on the ways to end this crisis now that Boko Haram is weakened.

What do you see as the future of Boko Haram in the region and what will this mean for counterinsurgency efforts?

The most likely scenario, in my view, is that Boko Haram will become a sort of criminal network with several small independent leaders. This network will comprise of fake religious leaders, real traffickers and criminals and remain in the area for several years until the states of the region resolve to adopt an African Marshall plan to boost trans-regional development: that will require investestment in social sectors such as schools, health centers; and development of high intensity labor force projects in the region to sustain fishing and agriculture around Lake Chad, to support the local industrial sector and build roads between and within provinces of the area. All these should be accompanied by a de-radicalization and counter radicalization project at the transregional level.

Hans De Marie Heungoup is Cameroon analyst at the International Crisis Group. He conducts field research and provides analysis on prevailing security, social, legal, governance and political issues; proposes policy initiatives for governmental, intergovernmental, political, and nongovernmental stakeholders to address and resolve sources of conflict; and prepares detailed reports and briefing papers setting out relevant research findings and policy recommendations.

Due to a conflict within policy circles between those who want more inclusive approaches to resolving conflict in Africa and those who want robust responses to violent jihadism, a problematic imbalance in African security governance is being created.

Introduction

African peace and security policy-makers and intellectuals within and beyond the continent are calling for more inclusive political approaches to resolving conflict in Africa. Yet, patterns of decision-making, most evidently by the African Union (AU) Peace and Security Council, indicate that proactive, robust and joint responses to jihadist terrorism and radicalized armed non state actors are preferred because these threats pose particularly urgent challenges to Africa’s security and political order. This argument has important transnational echoes and an imbalance in African security governance is being created as a result of these developments. The more implementation of the African peace and security architecture (APSA) is measured by how well the AU together with global partners fight global terrorism, the more likely an excessive over-reliance on military responses to political problems seems. Such over-reliance risks militarizing the people, ideas and institutions of Africa’s security governance. Many voices in AU peace and security circles are pulling in a de-militarizing direction and are attempting to mobilize behind an enhanced prevention and mediation-agenda, and a value-driven vision of African ownership.

The preventive pivot

Preventing armed conflicts is a strategic priority for the African Union Peace and Security Architecture (APSA) as seen in APSA Roadmap 2016-2020. This follows on from the Windhoek Declaration and AU-adopted commitment to end all wars and ‘Silencing the Guns in Africa by 2020’ which forms part of the continent-wide Agenda 2063. The Agenda 2063 document, adopted by the AU Assembly of African Heads of state and government in May 2013, sets forth a value-based vision of a united and prosperous Africa. Understood as one leg of the pan-African political body, the APSA should arguably first and foremost facilitate Africa’s unity, development and prosperity through early conflict prevention.

The Roadmap sets out the objective for the AU and the Regional Economic Communities (REC) and Regional Mechanisms (RM) to contribute to the prevention of conflicts and crises. Early warning systems with state of the art data collection and monitoring tools exist at continental and regional levels. Enhancing capacity means that they must coordinate and collaborate better with each other and other relevant component parts of APSA. The sometimes sensitive information that these early warning bodies gather is only as good as the use decision-makers and the AUPSC make of it.

The use of special envoys, senior mediation panels and networks of elders is one of the AU’s ‘best kept secrets’.  To underscore their importance, the APSA Roadmap sets out as one objective to show evidence of frequency, relevance and efficacy of preventive diplomatic missions undertaken by the AU and the RECs. On a case by case basis, it has always been possible to gather knowledge about the roles and outcomes of preventive mediation efforts. Only a select few can claim to have the overall picture of their scales, roles and achievements. Most often mediation missions are set up rapidly and with an ad hoc initial role. At times, the AU Panel of the Wise is used, yet in other conflicts a high-level panel is tailored to the specific conflict by comprising former heads of state with high moral standing in the eyes of the conflicting parties.

The Roadmap notes that early warning capacity and inclusive mediation-capacity must be connected with the strategic security priorities of decision-makers. Early warning systems cannot collect equally in-depth and actionable data on all forms of conflict in Africa. However, concerning the most geo-strategically sensitive conflicts their reports are not likely to be as welcome or as frequently used by decision-makers. Might intellectuals and policy experts help change the mindset of decision-makers if they could point to research and verified information showing that prevention at early stages of conflict is most sustainable and effective? There exist examples of early warning/information sharing mechanisms which bridge the ‘soft’ approach with ‘hard’ security issues. For instance, the ‘Nouakchott process’ aims to enhance security cooperation between intelligence and security-services of states in the Sahelo-Sahara region. However, the political oversight and support of this process must be ensured. Early warning data can otherwise of course be narrowly used towards the military approach of regional states.

The preventive mediation tool has been used extensively, especially in the most geo-strategically important conflicts. However, their tasks, roles and achievements are less well known outside APSA’s decision-making circle. Often, references are made to Africa’s rich tradition of culturally aware and dialogue-centered ‘Baobab tree’ meetings. But it remains hard to access best practices and the gold standard of AU’s recruitment, support, as well as linking its preventive mediation to other external mediation initiatives. Changing this should be a key priority, especially since high-level gatherings and summits on Africa’s peace and security argue that prevention is the most cost-effective and the most successful form of conflict management for Africa. References are often made to the vital importance of inclusivity in African mediation culture. Dialogue must occur with all conflict actors. Talking to terrorists and non-state radicalized actors is therefore not excluded. The Windhoek Declaration argues that reflection is needed on the direction of the counter-terrorism agenda in Africa and importantly forefronts the value of Africa’s rich tradition of mediation. This offers a possible bridge between ethical-political arguments (advocates of the preventive pivot) and interest-based arguments (advocates of robust action on global terrorism).

Reflection is required on how to calibrate prevention as a core phase in traditional conflict resolution with emerging specialized notions such as preventing mass atrocities (in line with the Responsibility to Protect), preventing acts of terrorism, and perhaps also preventing electoral violence. Diverging prevention agendas under conditions of resource scarcity might otherwise compete and bring with them rivalling perspectives and bureaucratic silos on prevention. More strategic discussions are needed about conflict patterns and structural as well as direct causes of wars and security threats. The Windhoek Declaration discusses how state fragility when considered a structural cause of radicalization of youth indicates that efforts aimed at enhancing democratic governance, security sector reform and state-society relations will prevent radicalization more effectively than military efforts because these only focus on ‘symptoms’ of state fragility.

A preventive turn might also be detected in global policymaking. The UN Secretary-General has placed prevention of atrocity crimes and the roles of regional actors in achieving this as a core priority in his July 2015 report on the Responsibility to Protect (R2P). The UN General Assembly and UN Security Council on 27 April this year endorsed as a framing concept ‘sustaining peace’ in the recognition of the finding by the advisory group of experts’ review of the peacebuilding architecture that peacebuilding must be an inclusive endeavor, and necessitates holistic approaches and global commitment starting with preventive mediation efforts.  At the 24 May UN Security Council meeting on UN cooperation with regional and sub-regional organisations, a number of state representatives actually referred to the concept of ‘sustaining peace’ and/or the crucial role of UN-regional partnerships as glimmers of hope at this time of heightened pressure on global institutions to respond to several extremely complex conflicts. Some argued that the current global security situation requires a new mind set, even a ‘paradigm shift’ in global affairs.

Militarized institutional narratives and practices

The joint fight against violent extremism featured primarily at the first ever Africa-based core group meeting of the Munich Security Conference in April this year. The framing of the discussion was that global terrorism in North Africa, East Africa and the Sahel needed urgent, robust and joint action. The readiness of Africa’s own peace and security institutions to lead on terrorism and other sources of insecurity was emphasized. The dominant position was starkly defensive: a strong perception is that the sovereign’s role as main provider of territorial order and security is under unacceptable assault by non-democratic forces. Given the importance attached to stable African governments, such a perceived assault justifies military responses short term. ‘Combat’, ‘fight against’, and ‘counter’ violent terrorism and extremism were the common terms used at this event, and further echoed in relevant AU PSC meeting communiqués (for example on 29 Jan 2016), as well as at the 5^th Tana Security Forum in April 2016.

Present were representatives of academic institutions and CSOs that objected to the dominant trope and the prioritization of heavy handedness. These actors preferred to talk about historical and structural causes of terrorism (such as weak state-society relations, demographic challenges and unemployment rates). Or, they raised the acute absence of knowledge surrounding radicalization and recruitment into extremist groupings. Additionally, it was argued that strengthening or stabilizing central government and its ruling capacity by itself would not change the structural causes of marginalization and exclusion in many African societies.

It might be argued based on the assumption that global terrorism requires a global fight that it is a lesser ill that hard approaches overshadow alternative political, developmental and humanitarian-based approaches. Certainly, part of the global push towards strategic partnerships with African regional actors is linked to seeing African states and institutions as playing specific useful roles in world order. France and the US have most candidly expressed that the AU and certain African states play very useful combat roles in active conflicts, and that partnerships are strategic in so far as they help all involved partners identify and secure their respective interests. Partnerships offer one way to strengthen a global hybrid coalition of counter-terrorism. This is the predominant trend, even as counter-strategies and counter- arguments exist and will hopefully take hold. Prevention and responding to terrorism-rationales are not mutually exclusive, but are better understood as mirror images. The trick for the foreseeable future is how to rebalance APSA, and develop legitimate and sustainable ways to prevent/respond to terrorism.

There is a serious danger that context-driven, root-cause based values embedded in AU foundational documents and the APSA are being pulled in a direction to serve short-sighted militaristic values. In the medium to long term this will favor autocratic modes of governance on the continent and already extends a level of international legitimacy to autocratic leaders (for example Chad’s Idriss Déby, Djibouti’s Ismail Omar Guelleh and Uganda’s Yoweri Museveni). This will also infer the AU with legitimacy and capacity building packages chiefly on basis of counter-terrorism practices. Consequently, other APSA programmes rank lower on the global priority ladder unless they are coupled with the ‘fight’ on terrorism. Adding to the pressures on APSA policy mechanisms to demonstrate capacity is the argument by certain African leaders and external partners that the African Standby Force and its rapid reaction capability must become more efficient. This line of argument has increased incentives for states to favor state-to-state relations and hybrid regimes to enable rapid and more efficient forms of political and security cooperation.

African peace operations receive external recognition due to their militarized characteristics. Most AU peace operations are stabilization missions, using combat operations against specific aggressors (sometimes terrorist groups) in bounded conflict theatres. The troop contributing countries to the AU Mission in Somalia (AMISOM) have been commended and supported by the international community for the willingness to combat Al-Shabab fighters. As noted by Yvonne Akpasom in a book on Africa-led peace operations while this combat readiness may be necessary, it is crucial for APSA and for host populations in conflict-affected states that these stabilization missions are always linked to a political objective. AU-led missions to date have demonstrated operational readiness, but have been insufficiently streamlined with political strategic-level direction. In need of development are: realization of protection of civilians policies and guidelines, human resources to plan for, for example, policing components and human rights observers, reflection on security sector reform and law and order efforts.

Conclusion

For AU member states and APSA policy organs, the first strategic priority is really the achievement of full ownership over regional security governance. The counter-terrorism developments referred to do not aim to settle whether global terrorism poses the biggest security threat to Africa’s societies and populations. What is at stake is Africa’s political authority to define conflicts and threats on the continent. To achieve a bigger impact on global governance, the AU has to balance the different pressures on it to demonstrate authority and capacity to manage security threats in Africa.

Linnéa Gelot is a Senior Researcher at the Nordic Africa Institute (NAI), Sweden and a Senior Lecturer at the School of Global Studies, Gothenburg University, Sweden. Her most recent publication is The Future of African Peace Operations: From Janjaweed to Boko Haram, co-edited with Cedric de Coning and John Karlsrud, with Zed Books. She is currently leading the project ‘AU Waging Peace? Explaining the Militarization of the African Peace and Security Architecture’ in which the concept of militarization and security practice theory are employed to study militarizing/de-militarizing institutional discourses and practices. Additionally, she has worked as a consultant and substance matter expert (African peace and security and the protection of civilians in UN peace operations) for UNITAR in Geneva, as well as other consultancy firms.