Unpacking the Mystery of Mediation in African Peace ... - Swisspeace

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Unpacking the Mystery of Mediation in African Peace Processes Future of mediation in Darfur: The challenge now is to design a new mediation process that takes into account lessons from the past. Given the fragmentation of the rebel movements, it is necessary to first build their capacity individually and prepare them for negotiations, alongside an engagement with different non-military stakeholder groups in Darfur, before convening high-level peace talks. Together with the UN, the AU will continue to lead the Darfur mediation, with other actors, for example the Swiss FDFA, playing a crucial supporting role. 84
Western Sahara, The Baker Plans Western Sahara, The Baker Plans By Jonathan Litscher, Mediation Support Project, swisspeace In a Nutshell Since Spain withdrew from the Western Sahara, Morocco has occupied part of it for three decades, moving settlers into the territory and claiming its natural resources. The occupation has been met with armed resistance by the Frente Polisario, a liberation movement, which led to 16 years of war until a ceasefire was signed in 1991. The main dispute today concerns a referendum on the future status of the territory, specifically the question of who constitutes the legitimate electorate (relating to the contentious issue of the Moroccan settlers) and the ballot choice (independence or only autonomy). James Baker, the UN secretarygeneral’s personal envoy, led the UN engagement from 1997 to 2004. After consultations over several years and numerous unproductive direct negotiations between delegations of the parties, Baker drafted an agreement known as the Baker Plan I in June 2001. It was furiously rejected by the Frente Polisario. Based on the criticism to the first plan, he presented yet another draft agreement, known as Baker Plan II, to the Frente Polisario and the government of Morocco in May 2003. This time, Morocco refused the plan. Baker drafted the plan based on his knowledge of the situation and consultations with both parties. Neither the government of Morocco nor the Frente Polisario were directly involved in the drafting process. Baker formulated both draft agreements entirely before submitting them to the parties for their approval. The engagement aimed at finding a compromise to which both parties would voluntarily agree. It was never an option to pressure the parties to make concessions or force them into an agreement. No outside intervention has been able to break up the stalemate in which the parties are locked. Neither side is willing to make any concessions on the main points of disagreement. Throughout the process, one party has insisted on certain non-negotiable demands that the other party deemed to be absolutely unacceptable. Key Messages Stalemate and low-pressure engagement: The parties’ positions (independence versus autonomy) are too far apart to allow for a mutually acceptable political solution. Reaching an agreement by mere formulation without applying some sort of pressure does not seem a realistic perspective. External factors: The interests of Security Council’s member states, particularly the US and France, made it impossible for the UN to enforce a solution against the parties’ will or to pursue a more manipulative approach. Ripeness: No resolution of the conflict will be possible so long as the status quo is deemed bearable by the parties. Despite the suffering of the population and the costs to Morocco, the stakes do not yet seem sufficiently high to get them to make concessions on a voluntary basis. Lack of participation: Conflict parties have to be involved in the drafting process of an agreement. Agreements that are formulated exclusively by outside “mediators”, solely based on their perception of the situation, will not be accepted by the parties. This case illustrates the fact that there can be no ownership of an agreement if it does not carry the handwriting of the parties. Mediation vs. arbitration: The process that led to the Baker Plans tests the boundaries of the concept of mediation. It is questionable whether a process in which an agreement is drafted without involvement of the parties can be called mediation at all, or whether it is rather a form of nonbinding arbitration. 85
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Unpacking the Mystery of Mediation
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Table of Content Foreword..........
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“If you want to make peace with y
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Mediation in African Peace Processe
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Burundi, Arusha Peace Process Burun
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Burundi, Arusha Peace Process idea
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Burundi, Arusha Peace Process insti
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Central African Republic, Inclusive
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Central African Republic, Inclusive
Page 33 and 34: Central African Republic, Inclusive
Page 35 and 36: Côte d’Ivoire, Ouagadougou Agree
Page 41 and 42: D. R. Congo/Kivu, Conference on Pea
Page 47 and 48: Kenya, The National Accord and Reco
Page 55 and 56: North-Mali and North-Niger, Libya E
Page 61 and 62: Northern Uganda, Juba Negotiations
Page 67 and 68: Somalia, Khartoum Negotiations 2006
Page 73 and 74: Sudan, North-South Comprehensive Pe
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Page 93 and 94: Acronyms MSU UN Mediation Support U
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