Justitie en politie in buitenlandse missies 4 | 10 - HiiL

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117SummariesJustitiële verkenningen (Judicial explorations) is published eighttimes a year by the Research and Documentation Centre of theDutch Ministry of Justice in cooperation with Boom Juridischeuitgevers. Each issue focuses on a central theme related to judicialpolicy. The section Summaries contains abstracts of the internationallymost relevant articles of each issue. The central theme ofthis issue (nr. 4, 2010) is Peace missions and capacity building.Rethinking rule of law assistance in Afghanistan; a decade laterV.L. TaylorIn this essay the author looks back at ten years of rule of law foreignassistance in Afghanistan. She first surveys the elements that makeAfghanistan particularly challenging as a development. This is followedby a brief outline of foreign donor-assisted efforts at rule oflaw reform in the last decade. The features of law and legal systemsin Afghanistan that are salient for would-be foreign reformers areanalyzed. The concept of judicial independence serves as exampleof well-intentioned rule of law interventions that have not fared wellin this complex environment. The author argues that better preparedinternational advisors with a better grasp of legal history andcomparative law may have produced stronger outcomes. Ultimately,however, a pre-post-conflict setting constrains conventional rule oflaw programs in important ways and calls for more realism aboutwhat can be achieved, within what time frame and with what degreeof sustainability.Winning the hearts and minds in the Dutch East-IndiesM. BloembergenThis essay is a tentative exercise to compare ideals and practicesof daily colonial policing, in particular in the late colonial state ofthe Dutch East-Indies, to those of present-day international peaceand police development missions in post-conflict societies. In bothcases we see foreign powers, represented by a minority of expertsand professionals, aiming to control (or to assist in controlling) localsecurity problems, out of care and fear; they do so by training indigenousrecruits for professional (civil and military) police forces,build on western models of policing which they presume superior.
118 Justitiële verkenningen, jrg. 36, nr. 4, 2010But the most import thing the colonial police and internationalpeace and developmental missions share is their actual weak baseof power: both institutions have to operate in states that are characterizedby fragmentation of power, by fragile authority and by lackof security control. Both institutions have a problem of legitimacy:the mandate they get from the local population is doubtful. Thisexplains why both the police and international peace missions,whether consciously or not, often fail to solve local power struggles,or to grasp the point of local security problems, sometimes withvery dramatic effects.Police officers on a peace missionH. SollieThe Dutch police participated in eleven peace missions since 2000.This article describes the experiences of Dutch police officers whocarried out police reform during recent missions in Bosnia, Sudan,Kosovo and Afghanistan. In their role as instructor and/or adviser,these police officers taught local constables (basic) policing andmanagement skills. During their mission, they were confrontingmany obstacles that stem from cultural differences, ethnic tensions,opportunism, unwillingness, corruption and language barriers.Given these limitations, expectations regarding police reform mustbe tempered. Creating or transforming local police into effectivelaw-enforcement institutions that operate under the rule of law andwith respect for human rights, is not a quick fix. However, by meansof training and advice, local police officers realize that they shouldprotect and serve.Legal development cooperation in RwandaR.H. HavemanOwnership, sustainability and capacity building are the buzzwords of development cooperation; that is not different in the legalfield. Five years of experience in legal development cooperation inRwanda, both on the side of the northern and the southern partner,shows that this is not a merely southern responsibility. The factthat a project is demand-driven instead of donor-driven is only thestart. The northern partner has the responsibility to seduce thesouthern partner each and every day again, and keep him at thesteering wheel. This implies that the northern partner shows personalinvolvement, and leaves the southern partner deciding about
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Justitie en politie in buitenlandse missies 4 | 10 - HiiL

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