Chapter 3 : Confidence Building Measures (CBMs) in Peace Processes. Simon J. A. Mason / Matthias Siegfried. 3.1 Introduction - PDF

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Chapter : Confidence Building Measures (CBMs) in Peace Processes Simon J. A. Mason / Matthias Siegfried. Introduction can be an effective tool for preparing and deepening peace negotiations and can have
Chapter : Confidence Building Measures (CBMs) in Peace Processes Simon J. A. Mason / Matthias Siegfried. Introduction can be an effective tool for preparing and deepening peace negotiations and can have different meanings in different contexts. This chapter tries to counter Cold War. will often not even talk together, let alone enter serious negotiations or joint prob- acceptable outcomes. Mediators assisting negotiations will therefore seek to - villain, usually incarnate beyond redemption. the idea is to help build a working trust by addressing easier issues, which will negotiations. 7 CBMs are not intended to deal with the root causes of conflicts, but advocates argue that these measures are the first step in turning hostile relationships into more accommodating ones. It is often said that if CBMs won t work, nothing else will. steps in the ladder to negotiating and implementing peace agreements that address the key strategic concerns of the parties. - difference. So, while they are one important tool for 6 of actors involved in them ; and when they can be used. This chapter also highlights some of the main challenges and limitations in the use.2 What are CBMs? CBMs can be understood as a series of actions that are negotiated, - negotiated actions. 7 they can mean anything and nothing, thereby losing their conceptual clarity ; built through dialogue alone, but there is always the danger of misunderstandings and the possibility of intentionally misleading each other with words. Actions greater effort than words, they are generally more credible and useful in helping At the same time, mediators ought to avoid automatically considering all concrete actions in a peace process, such. Why use CBMs? 9 is to be started in the short term. As such, preventing escalation has value in in joint service delivery projects, even if they are in denial of any tensions that Kenya helped to prevent inter-community tensions ing and strategizing in which parties jointly seek mutually acceptable outcomes. Successful nego- for negotiations to commence and develop. For are seen as low-cost and low-risk activities, since they can be implemented with limited resources cal in nature, one actor is not going out on a limb without the other also doing so. Costs are minimal When people are in denial that there is a conflict and do not accept mediation, you can work on structural, underlying tensions by doing joint service delivery projects, for example water points, which are co-owned, comanaged across the conflict cleavages. Abdi Managing peace processes. A handbook for AU practitioners. Volume 9 Box Kenya : CBMs on the local, regional and national level In the 990s, there was recurring famine and drought in northeast Kenya, yet limited governmental management of the situation and growing inter-clan tensions. In this context, a series of innovative collaboration with traditional elders, religious leaders, youth groups, business actors and local authorities, developed a series of joint service delivery projects including establishing a system regulating access to - ing and early response monitoring system. These types of CBMs were Similar systems were later replicated in other parts of the country. 0 During the Kenyan post-election crisis in 2008, the Seven point agenda for peace, truth and justice of the Concerned Citizens for Peace build trust and confidence between and among political players to enhance the capacity for dialogue and constructive engagement. As a consequence, the following CBMs were suggested : media CBMs (20,000 Short Message Service [SMS] messages were sent by mobile cultural CBMs (Kenyan music celebrities encouraging peace and tol- These CBMs, which were initiated by civil society, helped to complement the internation- Kenyan army to pacify the country. as a prisoner release or protection of negotiators, they may be legally bind- - - negotiations in the Western Sahara process). Wider constituencies may view a peace process with scepticism, before, dur- - - Box 2 Belize and Guatemala : Multi-sector CBMs as a way of keeping small conflicts from escalating colonial times. A series of CBMs were agreed to ease tensions and facilitate the conciliation process that was initiated in 2000 under the auspices of the Organization of American States (OAS). After an agreement on territorial issues was rejected by the governments of Belize and Guatemala in 200, the OAS facilitated an agreement on CBMs between the parties with the aim of facilitating a new round of - - tion of illegal activities in the Adjacency Zone (the territory located jacency Line). The agreement requested the General Secretariat of the OAS to monitor the implementation of the agreement, which it did following-up incidents, early action to avoid escalation and commu- small conflicts from escalating. However, political negotiations did not end the dispute. Rather, in 2008, the Secretary General of the OAS recommended that the parties submit the dispute to the International Court of Justice. Managing peace processes. A handbook for AU practitioners. Volume 6 . Who should be involved in CBMs? Three different types of actors can be involved in CBMs : negotiators, Box CBMs in Western Sahara, addressing humanitarian concerns in the absence of a solution The negotiators representing the parties to a peace process can be involved - However, even if the negotiators trust each other and are working towards an to create support for the process. cial decision-makers. Since they are, they may need to be negotiators will be receiving their negotiation mandate from these decision- wider constituencies who are affected by the negotiations, and who will also need to develop con- and accepted by them. Many initiatives that bring together representatives from the wider constituencies on both sides can help to create an atmosphere also be developed by these representatives who support the peace process CBMs can be sorted into those associated with the political, security, - open fighting between Morocco and the POLISARIO in 99. Since then the parties have tried to find a mutually acceptable solution to the future status of the Western Sahara territory, but without success to date. The conflict is having severe humanitarian consequences for the population living in and around the Western Sahara territory. the humanitarian needs of the refugees and to contribute to establishing a certain level of confidence among the parties concerned in the conflict in Western Sahara. The CBMs, which started in 200, have primarily focused on visits (by plane) between Sahrawi refugees living in camps (in Tindouf, Algeria) and their family members living in the territory of Western Sahara. These families have been separated for almost a generation. Free telephone services to connect the refugees with their relatives and activities in the demining area have also been launched. The humanitarian impact of these CBMs is hard to underestimate : uniting families (even if just for five days) that have been separated for decades by the conflict has a very it is much harder to assess whether such CBMs also have a broader impact on the political negotiation process facilitated by the UN. The various mediators have used the CBMs to highlight areas of shared values amongst the parties in the absence of a final solution to the conflict. In that sense, the negotiation of CBMs has become an arena CBM negotiations have also created some momentum in terms of encouraging the parties to move ahead with considering the more complex issues underlying the conflict in Western Sahara. Care is needed to distinguish between actors and activities when looking manitarian dimension, but if the prisoners are politicians or military personnel then such an exchange will also affect the other sectors. The cross-sector links are positive and should be reinforced. mediators understand their potential relevance at different moments in a pro- Managing peace processes. A handbook for AU practitioners. Volume 6 more narrowly on the negotiators in the peace process, or more broadly on commodated at the same venue and having informal exchanges over lunch, for example, can help to create a better atmosphere. Joint events, such as 977 is a case in point, as it broke a long-standing Arab taboo of not dealing stop defamatory propaganda against the other side, and actively communi- content and will be more willing to back it. calation triggered by a misunderstanding of signals. 6 mosphere, any behaviour of the other side is generally interpreted as being clarify the difference between an intended aggressive behaviour and the background noise of normal military activities, in order to avoid unintended escalation. Examples include communication hotlines, exchange of military maps, joint training programmes, information on troop movements, exchange of military personnel, establishment of a demilitarized zone, border tension reduction 7 between former adversaries. Joint monitoring teams, for example, have a spe- personnel from both sides of the divide work together and can thereby build Box The Nuba Mountains Ceasefire Agreement of 2002, paving the way for the North South Negotiations In the post 9/ context, US special envoy John Danforth approached the Government of Sudan (GoS) with a four point confidence building agenda, in order to test their willingness to negotiate an end to the North-South civil war. One of the four initiatives was a humanitarian ceasefire to end hostilities in a clearly defined area in Sudan. In January 2002, the Sudan People s Liberation Movement/Army (SPLM/A) and the GoS negotiated and signed the Nuba Mountains Ceasefire Agreement in Switzerland, mediated by the Swiss and the USA. The Nuba Agreement included numerous CBMs that benefited also strengthened the trust, and showed goodwill between, the main in the conflict that was still ongoing in other areas in Sudan. CBMs included a Joint Military Commission that monitored the ceasefire but was also used strategically in the peace process as the parties population involved an agreement to open humanitarian corridors, provide access to the International Committee of the Red Cross, remove mines, and an agreement to communicate the Agreement to the civilian population so as to increase acceptability and outreach. The Agreement also had a media CBM aiming to stop defamatory propaganda. The Nuba Agreement was successful in the area it was between the GoS and the USA before the more complex and strategically important North-South negotiations were re-energized (between 2002 and 200). 8 security arrangements, should not be seen as only increasing security. They they can have positive spillover effects into the political sector 9 how the Joint Military Commission helped to create trust between the parties Managing peace processes. A handbook for AU practitioners. Volume 6 6 activities dealing with natural resource management and environmental chal- ideological inclinations are often very pragmatic about working together when it provide the building blocks for a bottom-up approach to a more comprehen- to allow actors from different groups to access markets safely (for example, in the Kenya border area) ; agreements to open trade routes (for example, for pastoralists to access water points, or opening international transport routes to facilitate trade) ; joint economic development projects (such as the Korean Kaesong industrial region, or ideas for international pipelines) ; joint preparation against natural disasters ; or peace parks (for example, in Southern Africa). not using anti-personnel mines for example, they signal commitment to international norms and possibly their preparedness to also try political means to the trust-building goal did not seem to be the main or only motivation). Human- - as negotiators pick up the necessary skills and know-how when negotiating Box Ping-Pong-CBMs between the U.S. and China to build trust and highlight common ground In the late 960s, both the U.S. and China became eager to improve bilateral relations in order to balance the growing Soviet power. CBMs provided one of the ways in which trust could be established in this process of rapprochement despite some strong opposing positions on certain issues (namely regarding Taiwan). Both parties began sending public signals and started to open private communication chan- invitation to the U.S. National Table Tennis Team that built some trust and created momentum for negotiations. These CBMs helped assure both sides that despite fundamentally opposing positions they had some political interests in common. Later on, both parties dropped their preconditions and an agenda was set in order to begin a highlevel negotiation process including President Nixon s first, unexpected visit to Beijing in Joint cultural events or student exchange programmes are other opportunities that can be used at all levels of society to humanize the other and build relationships. Joint sports activities have also been used in numerous cases to ease frozen relations and pave the way for negotiations (for example, between may help to create trust throughout the wider society. Links between sectors : sector relate to other sectors, is one of the most vital aspects for mediators to be aware of and consider. Synergies and traction can be created through these doing any harm. Links can also be developed by cross-matching activities and actors. Examples would be to have military actors involved in economic activi- Managing peace processes. A handbook for AU practitioners. Volume 66 67 case, not be owned by the parties, and will not build trust. Since a mediator is the hub that connects the various topics and experts in the peace process, he can be useful to develop ideas, but in the end it is vital that mediators design.6 When should CBMs be used? CBMs can be used in all phases of a peace process, but their nature and function changes if they are used before, during or after peace Many processes today are more complex than the classical, linear phase model of peace negotiations (informal talks, pre-negotiations, negotiations and implementation) with different actors being involved in different phases that take Box 6 CBMs in the Sudan North-South process In the Sudan North-South negotiations, both the representatives of the Government of Sudan and the SPLM/A watched international and humanizing the negotiators. Later on in the process, the mediators also organised picnics and football games on site at the nego- was minimized, that the teams were mixed, and that it was not the North playing against the South. These examples illustrate the types based on the principle to favour unity but provided the option for separation by referendum), but where trust was still low. The CBMs were useful to humanize the actors involved in the negotiations and thereby facilitate the negotiations. 2 sarily focusing on using them to initiate a negotiation process. They can simply and humanitarian, but could possibly also include Building the parties confidence in each binding cessation of hostilities to allow a market other, in the mediator and in the process of negotiation is what humanitarian principles and actions and this is the the mediator ought to reason why simple humanitarian agreements can often be a starting point (for example, not using be looking for all the time at every stage of allowing access to the market place in Wajir, Kenya), which build on an economic rationale, can also the game. are starting to consider negotiations more seriously if it is not yet clear how, when and under which mediation framework this will signal to each other their intention of testing negotiations and to show a certain degree of goodwill to try and enter the negotiation process. some cases, parties can agree to key fundamental principles in a very general manner at the outset of a negotiation process, before the sticky details are negotiated. Through the initial agreement on principles, some trust is created. push the process forward, even if there was an agreement early on about some Managing peace processes. A handbook for AU practitioners. Volume 69 on basic principles, trust will be built more incrementally and they will thus rely - Agreements for parties to collaborate on something that is not strategically important to easier to later address this obstacle. The metaphor of steps in the ladder also highlights the incremental nature of building trust which takes time and an accumulation of small steps. This is the reason why some practitioners been established, more comprehensive undertakings can be developed. The Box 7 CBMs paving the way for the Israeli-Jordanian peace treaty CBMs were an important element in the negotiations leading to the formal signing of the Israeli-Jordanian peace agreement in 99. Examples of CBMs, such as mutual high-level visits across the border (including the late King Hussein, Crown Prince Hassan, and the late Prime Minister Rabin) signaled a change in attitude and relationship place in a secret setting, but later on they become more public and regular. The CBMs built trust between the two countries and helped pave the way for a comprehensive peace agreement. Even after the signing of the peace treaty, CBMs (such as more frequent visits at various levels, including a crucial condolence visit by King Hussein in March 997 to play an important role in this peace process and helped consolidate the transition from war to peace. As an example, visits among business actors encouraged some Israeli textile firms to move some operations into Jordan, thus providing employment for ordinary Jordanians. 28 Box 8 CBMs on the Korean Peninsula : easing tensions, but no political breakthrough The 99 Basic Agreement included a chapter on Exchanges and Cooperation, that provided the basis for non-military CBMs between North and South Korea. These non-military CBMs, e.g. economic projects and social activities (family reunion, tourist visits) progressed better than the envisioned military CBMs. By separating economics from politics, private-sector-led economic interaction was used by South Korea to engage North Korea and build trust, especially under the Sunshine Policy of South Korean President Kim Dae-Jung ( ). After the inter-korean summit of June 2000, progress was made in easing relations between North and South Korea through reunions of separated families, promotion of economic co-operation (for example, the Kaesong Industrial Complex, that involved an agreement on taxes between North and South Korea, cheap labour from North Korea, investment and management from South Korea) and various other forms of exchanges (such as those associated with sports, health and the environment). The CBMs, however, did example, the axis of evil speech of George W. Bush) 29 and the USA and South Korea increasingly felt North Korea was not serious about reciprocating CBMs and engaging in de-nuclearization, increasingly so after 2008 with the change of the South Korean administration. However, even when tensions have escalated, the Kaesong Industrial Complex has still continued. 0 and clear implementation modalities, this trust is vital to implementing and re- Managing peace processes. A handbook for AU practitioners. Volume 7 similar manner, unilateral signals of good intention should develop into recipro- shops, dialogue workshops seeking to clarify misunderstandings related to different perceptions, bringing in experts with technical expertise and bringing in moral authorities to discuss values that shape the will to change the status.7 Challenges and options process. the parties lack trust between each other and in the mediation process ; the par- ; and the parties lack a com- These three obstacles are strongly interdependent ; for example, trust tends to increase the better the actors understand There is an illusion amongst many the easier it is to listen and dev
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