Symposium Recap: Post-Conflict Reconstruction, Rebuilding from Emergency to Development

On Friday, October 31, 2014, experts, scholars, and practitioners in the field of post-conflict reconstruction convened at Harvard Law School for our annual symposium. This year, the Symposium’s theme was Post-Conflict Reconstruction: Rebuilding from Emergency to Development, and focused on strategies to best promote growth, stability, and long-term development in countries arising from violent conflict.  Speakers and panelists discussed issues facing countries that having arisen from conflict such as Rwanda, to countries that are very much still in the process of transition, like Syria.

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The event started with an illuminating talk by Keynote Speaker Dr. Donald Kaberuka, President of the African Development Bank, and former Minister of Finance and Economic Planning in Rwanda. Dr. Kaberuka spoke in depth about strategies to promote growth and development in fragile and post-conflict states.  To begin with an example, he spoke about how a brutal civil war destroyed much of infrastructure, including health systems, education systems and infrastructure, in Guinea, leading to the country’s inability to effectively control the Ebola epidemic today (coupled with a poor international response).  Dr. Kaberuka further went on to emphasize how conflict can happen anywhere, and is not limited to Africa — despite certain stereotypes. Dr. Kaberuka spoke about the Bank’s work in this area, particularly in: rebuilding economies; rebuilding capacities; and helping post-conflict countries reengage with the international community.  In particular, he emphasized that each conflict and each country can be drastically different, so there are no one-sized solutions; it depends very much on the state and who controls it.

In addition, he noted a few factors for success: first, a strong sense of ownership and responsibility; second, be pragmatic, but understand that making mistakes is normal; third, turn weaknesses into opportunity; and fourth, engage the private sector and leverage it to rebuild the economy.  It is important to take bold steps early on, including abolishing controls, liberalizing, and ensuring independence of the central bank, and yet to redistribute wealth by investing in health and education.  Ultimately, it is up to each nation to engage in rebuilding the country and resolving their problems.  As he stated, “Rebuilding a nation cannot be outsourced. Only the nationals can rebuild their country.”

Click here to download a video of Dr. Kaberuka’s talk.

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Following Dr. Kaberuka’s talk, we moved on to the first panel, titled Driving Economic Growth and Building Institutions After Conflict.  The panel featured practitioners, academics and policymakers who work in government institutions and non-profits to promote growth and institution building in post-conflict countries. Panelists included:  Catherine Anderson, Justice and Conflict Advisor, World Bank Justice Reform Practice Group;  Sarah Cliffe, Special Adviser for East Asia and Pacific Region, World Bank;  Robert Jenkins, Deputy Assistant Administrator, USAID Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) and Executive Director, USAID Task Force on Syria; and Barbara Smith, Senior Director for Governance and Law, Asia Foundation. The panel was moderated by Michael Woolcock, Lead Social Development Specialist, World Bank Development Research Group and Lecturer in Public Policy, Harvard University’s Kennedy School of Government (and a founder of the World Bank’s Justice for the Poor program).

The panelists spoke not only about post-conflict development but about how prevention is equally important; countries with weaker institutions are at 50% higher risk of conflict.  Robert Jenkins in particular spoke about the importance of countering violent extremism, and the need to address the rising youth bulge and their demands for jobs and dignity.  He emphasized how post-conflict development is in itself conflict prevention, and that it is a lot cheaper to prevent a war than to be in war. There were also discussions about aid coordination and how to improve the response of the international community, including donors and major institutions.

Click here to download a video of the first panel

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Finally, our second panel was titled Developing Stability and Security: Post-Conflict Security Sector and Justice Reform, and focused largely on the rule of law aspects of post-conflict rebuilding. Panelists were: Angela Conway, Director of the Middle East & North Africa (MENA) Division, American Bar Association Rule of Law Initiative; Jean-Marie Kamatali, Assistant Professor of Law, Ohio Northern University College of Law; and Vivek Maru, Founder and CEO, Namati. The panel was moderated by David Marshall, Senior Rule of Law Advisor, New York Office, UN High Commissioner for Human Rights.

This panel provided a fascinating look into justice systems in countries arising from conflict, with case studies from Sierra Leone, South Sudan, and Rwanda, among other places. The group had a discussion about what ‘rule of law’ actually means, and why it is important in post-conflict nations.  Vivek Maru particularly emphasized the importance of the model used by Timap for Justice and other grassroots organizations in countries arising from conflict, where the formal justice system often lacks capacity; this model utilizes grassroots, community paralegals to provide justice to ordinary people quickly on issues such as criminal justice, land disputes, and citizenship. He emphasized how important it is to support and expand such projects to ensure justice in countries such as Sierra Leone, and how such a method promotes the rule of law. David Marshall spoke about his work with the UN in South Sudan, and how there can be such a disconnect between ‘rule of law’ and ‘human rights’ practitioners within the UN and other institutions.  Angela Conway spoke about the ABA Rule of Law initiative’s programs around the world and in Libya, Iraq, Egypt, and the Gulf. Finally, Jean-Marie Kamatali discussed his personal and professional experiences with the Rwandan genocide, and how it can be incredibly difficult to rebuild trust in such an environment, and how transitional justice and accountability processes can promote rebuilding the rule of law.

Click here to download a video of the second panel.

Contact Symposium Chair, Akhila Kolisetty (akolisetty [at] jd15.law.harvard.edu) for more information!

[LIDS-ILS Joint Event] Talk by Dikembe Mutombo

Mr. Mutombo will be speaking about his health work in DRC. The event is organised by ILS, LIDS and Prof. William Alford. Not to be missed; how often do former NBA players speak about development at the Law School?

Date: 23rd October, 2013

Venue: TBD

Rethinking Kiobel: Is there room for human rights in anticorruption enforcement?

April 21, 2014 – Maryum Jordan

This post was originally published in the Global Anticorruption Blog, an exciting new initiative by Harvard Law School professor, and LIDS mentor, Matthew Stephenson. Six current and former LIDS members–Rajarshi Banerjee, Daniel Holman, Maryum Jordan, Meng Lu, Philip Underwood, and Colette van der Ven–are contributors to the Blog. LIDS Live will post brief introductions to their posts, and direct you to the Blog to read the rest.

It is the one-year anniversary of the U.S. Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co. In its decision, the Court narrowed the admissibility of Alien Tort Statute (ATS) claims related to extraterritorial human rights abuses, ruling that such claims are not actionable unless the claim has a sufficient nexus to U.S. territory. What kind of nexus is enough for an ATS case arising from exterritorial conduct? For cases involving foreign multinational companies, such as the defendant Royal Dutch Petroleum in Kiobel, a “mere corporate presence” in the U.S. is not enough.

A striking feature of this holding is the clear contrast between how a “mere corporate presence” in the U.S. is not enough for an ATS claim based on extraterritorial conduct, but is sufficient for a Foreign Corrupt Practices Act (FCPA) prosecution. Although Royal Dutch Petroleum’s “mere corporate presence” in the U.S. was not a sufficient basis for an ATS claim, if these human rights abuses were tied to corruption for the retention or solicitation of business in Nigeria (and involved U.S. interstate commerce — a requirement not difficult for the DOJ and SEC to overcome), Royal Dutch Petroleum could be liable for FCPA violations. As a foreign multinational company, Royal Dutch Shell Company lists its shares on the New York Stock Exchange and prepares filings for the SEC. Such activity is sufficient for establishing FCPA jurisdiction.

This suggests a possible strategy for human rights advocates dismayed by the Kiobel decision: Perhaps it might be possible to more aggressively utilize FCPA enforcement for circumstances in which corporate accountability for human rights abuses is tied to bribery. Continue reading →

US Moves to Freeze and Seize Nigerian Dictator Abacha’s Assets–But Who Will Get the Money?

This post was originally published in the Global Anticorruption Blog, an exciting new initiative by Harvard Law School professor, and LIDS mentor, Matthew Stephenson. Six current and former LIDS members–Rajarshi Banerjee, Daniel Holman, Maryum Jordan, Meng Lu, Philip Underwood, and Colette van der Ven–are contributors to the Blog. LIDS Live will post brief introductions to their posts, and direct you to the Blog to read the rest.

By Rajarshi Banerjee

Last week, the U.S. Department of Justice (DOJ) announced that it had frozen about $458 million in corruption proceeds that former Nigerian dictator Sani Abacha and his conspirators allegedly embezzled from Nigeria’s central bank, laundered through U.S. financial institutions, and deposited in bank accounts around the world. The freeze is a first step in the DOJ’s largest-ever forfeiture action under its recent Kleptocracy Asset Recovery Initiative (KARI).  There is much to say about this development, but the question that most immediately comes to my mind (and likely many Nigerians’ minds) is: What will the DOJ do with all this money? Continue reading on the Global Anticorruption Blog →

Power Africa: The Most Exciting Development Initiative of 2013

Jan. 24, 2014 – John Rennie

This past summer President Obama announced what I believe is perhaps the most exciting development program currently underway. Phase One of Power Africa seeks to increase access to electricity for 20 million Africans. The impacts of this program are potentially transformative and can alter the participating country’s economic trajectory.

The statistics on the lack of electricity in Africa are long and shocking. Only one third of sub-Saharan Africans (SSA) have access of electricity, leaving over 600 million people without power and forcing them to spend significant amounts of their income on costly and unhealthy forms of energy, such as diesel. It also deprives them of educational opportunities, restricts economic productivity, and hinders communication. Perhaps the most astonishing fact I have heard about the lack of electricity in Africa is that the entire country of Liberia uses the same amount of power as the Dallas Cowboy’s stadium.

Power Africa aims to change this. Taking a collaborative approach and partnering with multiple organizations, such as African governments, numerous development banks such as the African Development Bank, and the private sector, Power Africa aims to pool and leverage the resources needed to develop the necessary power infrastructure in select African countries. This means expanding mini-grid, grid, and off-grid solutions and building out power generation, transmission and distribution structures. It will do this while employing only renewable energy sources, such as wind, solar, hydropower, natural gas, and geothermal resources. Power Africa is also an interesting development initiative because of its collaboration with the private sector. The initiative is supported $16 million, but only $7 million are from the US government. The remaining $9 million are private sector investment commitments from companies such as General Electric.

In order to reach its targets, Power Africa will have to navigate some big challenges. Many of the target countries have promising but challenging business environments. This can be seen in Nigeria, where President Jonathan is highly supportive of expanding electricity in the country. But his attempt to privative parts of the state-owned power company in order to expand electricity coverage was mostly rejected in the country’s senate, probably due to corruption. Moreover, some of these countries barely rank as investment grade, making them risky business environments. Ghana’s credit rating was recently downgraded due to its increasing debt and failure to pass budget reforms. Power Africa is trying to address these challenges through measures such as the use of political risk insurance and political engagement. But with big infrastructure projects such as Power Africa, where the benefits are derived over a long time period, operating in unpredictable environments greatly increases the risk involved.

Power Africa has the ability to provide substantial boosts to SSA economies. Moreover, electricity is essential to so many important functions that it has the potential to be transformative for individual’s daily lives. How it navigates the challenges and risks it will be an important determinate of the program’s success and will also serve as a good litmus test for the investment climate in many SSA countries.

John Rennie

Conflict in South Sudan and the Central African Republic

Jan. 17, 2014 – Raj Banerjee

Two massive conflicts have flared up around the Sahel. South Sudan, barely a year-and-a-half old, has plunged into civil war. Over two-thirds of the country have been affected by the month-long conflict between forces loyal to President Kiir and those loyal to former-Vice President Riek Machar. An estimated half a million people have been displaced. There are no accurate reports of casualties, but two UN peacekeepers from India have been killed.

Hundreds of miles to the west, well over a thousand people have died in sectarian violence in the Central African Republic (C.A.R.). The United Nations has warned of a massive humanitarian crisis. Former colonial ruler France, as well as Rwanda and Uganda have sent in troops to maintain stability. Journalists on the ground have warned of a repeat of the 1994 Rwanda genocide.

LIDS members have strong interests in crisis response, nation building, humanitarian aid, and politics in the Sahel. We are observing the events in both South Sudan and C.A.R., and invite commentary on the conflicts in both countries for LIDS Live.

If you are interested in assisting in humanitarian relief efforts, you may contact the UNHCR (http://donate.unhcr.org/sudan) or Mercy Corps (http://www.mercycorps.org.uk/central-african-republic).

Image: President Salva Kiir Mayardit of South Sudan. By Jenny Rockett.