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I
The European Union and Peacebuilding
Policy and Legal Aspects
II
III
T • M • C • ASSER PRESS
edited by
Steven Blockmans
Jan Wouters
Tom Ruys
The European Union
and Peacebuilding
T.M.C. ASSER INSTITUTE UNIVERSITY OF LEUVEN
Policy and Legal Aspects
IV
Published by t.m.c.Asser press
P.O. Box 16163, 2500 BD The Hague, The Netherlands
<www.asserpress.nl>
t.m.c.Asser press’ English language books are distributed exclusively by:
Cambridge University Press, The Edinburgh Building, Shaftesbury Road,
Cambridge CB2 2RU, UK,
or
for customers in the USA, Canada and Mexico:
Cambridge University Press, 100 Brook Hill Drive, West Nyack, NY 10994-2133, USA
<www.cambridge.org>
Cover photograph: Council of the European Union
ISBN 978-90-6704-329-8
All rights reserved.
© 2010, t.m.c.Asser press, The Hague, The Netherlands and the Authors
No part of the material protected by this copyright notice may be reproduced or utilized in any form or
by any means, electronic or mechanical, including photocopying, recording, or by any information
storage and retrieval system, without written permission from the copyright owner.
PRINTED IN THE NETHERLANDS
V
Chapter 0
FOREWORD
Dear Reader,
You have in your hands the last part of a trilogy exploring the European Union’s
approaches to conflicts and crisis. The titles of these books present well the evolu-
tion of the international policy debate and thinking during the first decade of the
21st century from a relatively narrow pre-conflict perspective to a wider approach
which encompasses all phases of the crisis. The first part published in 2004 was
called ‘The European Union and Conflict prevention’, reflecting how conflict pre-
vention was high on the agenda as a response to the Balkan Wars. In 2008 the
second part, ‘The European Union and Crisis Management’, was published as the
European Security and Defence Policy (ESDP)-missions had been operational for
some years. Finally the series is completed in 2010 with “The European Union and
Peacebuilding”.
Peacebuilding is a somewhat flexible concept, of which there is currently no
officially agreed international definition. However, this descriptive phrase is per-
haps most useful in its most comprehensive sense – efforts aiming at a solid and
lasting peace. For the European Union, peacebuilding requires bringing together a
variety of external policy tools which include security aspects, mediation and pre-
ventive diplomacy, development cooperation and trade relations, in order to make
an impact, be coherent and achieve sustainable results.
The European Union has made systematic efforts to ensure an integrated ap-
proach to peacebuilding. In this regard, the decisions adopted on the security and
development nexus and on fragility in 2007 were a strategic step forward. We are
engaged in various activities across the globe, such as for example supporting con-
flict resolution processes and ensuring the engagement of women in these, as well
as building the peacebuilding capacities of regional organisations.
Successful peacebuilding requires taking on a preventive focus. Conflict pre-
vention continues to lie at the heart of all European Union activities, as it is the most
cost effective and life saving approach. Conflict prevention implies providing early
and sustainable assistance to countries under stress and it is the best measure to
avoid a relapse into conflict. While building for the future, we must strive to put an
end to the suffering caused by legacies of conflicts, such as the scourge of landmines
and other inhumane weapons, which continue to create a burden even decades later
and delay development and prosperity goals.
Moreover, peacebuilding is also a joint effort in which the international com-
munity needs to work together. In this regard the United Nations, international and
regional organisations and especially civil society are all vital partners for the Euro-
pean Union. However, international efforts need to involve local communities early
on in order to create a nationally owned process, which is a requisite for lasting
VI foreword
peace. Only through partnership with local actors can international norms be com-
bined with a respect and understanding of local context, and promote the transfer of
responsibilities and ownership to the populations concerned. In this work we need
to engage with local civil society as well as representatives of media and local
business communities.
The link between peace, security and development has been widely recognised
by the international community, and as a response, the United Nations Peacebuilding
Commission (PBC) was created in 2005. The European Union is committed to
actively supporting the work of the Peacebuilding Commission on the basis of its
experience, resources and worldwide operability.
During the first five years the PBC has brought together all key players on the
ground to enable a comprehensive approach to peacebuilding in selected post-con-
flict states. In 2010 the progress of the PBC so far will be examined in order to take
on board lessons learned for the next steps, ensuring that it can discharge its man-
date more effectively and better deliver real progress on the ground. 2010 is also the
year for the Review Summit of the UN Millennium Development Goals (MDG)
aiming at eradicating poverty. The link between countries affected by fragility and
conflict and those lagging most behind in attaining the MDGs indicates clearly the
need for stronger ties between security and development efforts.
I congratulate the authors of this informative and well-written book, who are not
afraid of taking a critical approach. From the point of view of the EU institutions, it
is published at a particularly timely moment, as we embark upon a new era in the
European Union’s external relations through the implementation of the Lisbon Treaty.
I hope that you as a reader will find enriching this thorough and wide ranging
description of the various aspects of peacebuilding, a concept that we will undoubt-
edly keep on discussing in the coming years and a goal at which we will continue to
aim.
March 2010 Catherine Ashton
High Representative of the Union for Foreign Affairs
and Security Policy / Vice-President of the European
Commission
VII
preface
Chapter 0
PREFACE AND ACKNOWLEDGEMENTS
The present volume constitutes the last part of a triptych, with earlier works dealing
with conflict prevention (V. Kronenberger and J. Wouters, eds., The European Union
and Conflict Prevention: Policy and Legal Aspects (The Hague, T.M.C. Asser Press
2004)) and crisis management respectively (S. Blockmans, ed., The European Union
and Crisis Management: Policy and Legal Aspects (The Hague, T.M.C. Asser Press
2008)). The obvious implication is that we aim at focusing on the final phase of
peacemaking efforts to break conflict cycles, on The European Union and Peace-
building.
Leading practitioners and prominent academics have been invited to explore the
wide variety of policy and legal aspects of the European Union’s contribution to
building durable peace in countries ravaged by violent conflict. The book is testi-
mony to the enormous complexity of international efforts to break conflict cycles,
which requires both long-term commitment and a multi-faceted approach, combin-
ing the re-establishment of basic security with the promotion of respect for human
rights, the rule of law, good governance and economic recovery.
Given the intricacies and dynamics of the editorial process, some of the contri-
butions were completed prior to the entry into force of the Lisbon Treaty. Where
appropriate, these contributions nonetheless refer to the impact expected from the
new Treaty. Other chapters have integrated the institutional developments since the
Lisbon Treaty became operational. In any event, the editors are convinced that this
divergence does not detract from the value of the analyses, nor from the lessons
drawn from years of inter-institutional practice and which should be taken to heart
to make the Union’s efforts in the field of peacebuilding more efficient and more
effective.
We would like to express our sincere gratitude to the practitioners and academ-
ics who contributed to this volume. Thanks to their unique insights and high quality
contributions, the book offers the first comprehensive and in-depth treatise of the
role of the EU in the international peacebuilding endeavour. Special thanks also go
to the T.M.C. Asser Instituut for financially supporting the production of this book,
to Suzanne Habraken for her sub-editing and language-editing of the manuscript
and to Steffen van der Velde for compiling the index and the list of abbreviations.
This volume is the result of a fruitful cooperation between the Centre for the Law of
EU External Relations (CLEER) and the Leuven Centre for Global Governance
Studies.
March 2010 The editors
VIII pieter jan kuijper
IX
SUMMARY OF CONTENTS
Foreword by Catherine AshtonPieter Jan Kuijper V
Preface and AcknowledgementsPieter Jan Kuijper VII
Table of Contents XI
List of Abbreviations XIX
Making peace last. The EU’s contribution to peacebuilding 1
Steven Blockmans, Jan Wouters and Tom Ruys
Part I. EU Peacebuilding – general persepctives
Chapter 1
EU Peacebuilding: Concepts, players and instruments 15
Simon Duke and Aurélie Courtier
Chapter 2
The EU as a peacebuilder: Actorness, potential and limits 55
Nathalie Tocci
Chapter 3
EU enlargement as a peacebuilding tool 77
Steven Blockmans
Part II. Working with partners
Chapter 4
EU-UN cooperation in peacebuilding: Natural partners? 107
Catriona Gourlay
Chapter 5
The EU and the UN Peacebuilding Commission: A short account of how the
EU presence has influenced the newest UN body 141
Stefano Tomat and Cesare Onestini
Chapter 6
Cooperation between the EU and the AU in the field of peacebuilding 161
Koen Vervaeke
Chapter 7
Convergence without cooperation? The EU and the OSCE in the field of
peacebuilding 175
David Galbreath
Part III. Peace and security
Chapter 8
The European Union and security sector governance 195
David Spence
Chapter 9
Strengthening security, building peace: The EU in the Democratic Republic of Congo 221
Marta Martinelli
Xsummary of contents
Chapter 10
The European Union and peacebuilding: The case of Chad 249
Cees Wittebrood and Christophe Gadrey
Chapter 11
EU peacebuilding in Georgia: Limits and achievements 269
Michael Merlingen and Rasa Ostrauskaite
.
Chapter 12
The EU in Afghanistan: Peacebuilding in a conflict setting 295
Eva Gross
Part IV. Rule of law, democracy and human rights
Chapter 13
The European Union and electoral support 313
Patrick Dupont, Francesco Torcoli and Fabio Bargiacchi
Chapter 14
Mainstreaming human rights and gender into the Common Security and Defence
Policy: The case of the EU Monitoring Mission in Georgia 341
Hadewych Hazelzet
Chapter 15
EULEX Kosovo: Walking a thin line, aiming for the rule of law 353
Stephan Keukeleire and Robin Thiers
Chapter 16
The Aceh Monitoring Mission: Securing peace and democracy 375
Justin Davies
Chapter 17
The European Union and transitional justice 387
Thomas Unger
Part V. Good governance and economic development
Chapter 18
International trusteeship and democratic peacebuilding: The EU in the Balkans 407
Tonny Brems Knudsen and Christian Axboe Nielsen
Chapter 19
A missed opportunity: State building in Bosnia and Herzegovina (October 2002 to
October 2006) 439
Michael Humphreys and Jasna Jelisic
´
Chapter 20
Meeting the challenge of state building: EU development policy and cooperation in
post-conflict countries 461
Philippe Darmuzey
Chapter 21
The EU and the Kimberley Process: A new international actor for new international
relations 475
Stéphane Chardon
List of Contributors 495
Index 499
XI
TABLE OF CONTENTS
Foreword by Catherine AshtonPieter Jan Kuijper V
Preface and AcknowledgementsPieter Jan Kuijper VII
Summary of Contents IX
List of Abbreviations XIX
Making peace last. The EU’s contribution to peacebuilding 1
Steven Blockmans, Jan Wouters and Tom Ruys
1. Introduction to the book 1
2. Scope and objective 4
3. Overview 5
Part I. EU Peacebuilding – general persepctives
Chapter 1
EU Peacebuilding: Concepts, players and instruments 15
Simon Duke and Aurélie Courtier
1. Introduction 15
2. Concepts and definitions 16
2.1 Introduction 16
2.2 The UN’s understanding of peacebuilding 18
2.3 The EU’s understanding of peacebuilding 21
2.3.1 Introduction 21
2.3.2 Internal and external, shorter and longer-term peacebuilding 26
2.3.3 Short-term dimension of EU peacebuilding (CFSP and ESDP) 27
2.3.4 Longer-term dimension of EU peacebuilding (EC) 28
3. Competence and role distribution: policies, instruments, players 30
3.1 Introduction 30
3.2 Peacebuilding activities under the Community Pillar 31
3.2.1 Policies 32
3.2.2 Instruments 37
3.2.3 Players 40
3.3 Peacebuilding activities under the Second Pillar 42
3.3.1 Policies 44
3.3.2 Instruments 45
3.3.3 Players 47
3.4 Peacebuilding and the Lisbon Treaty 48
4. The EU’s external partners in peacebuilding 49
5. Conclusions 52
Chapter 2
The EU as a peacebuilder: Actorness, potential and limits 55
Nathalie Tocci
1. Short and long-term policy instruments to promote peacebuilding 56
2. EU mechanisms to promote peacebuilding 60
2.1 Enhancing capability 61
XII
2.2 Socialisation 63
2.3 Conditionality 66
2.4 Passive enforcement 70
3. The EU as a peacebuilder: Potential and limits 71
3.1 The value of the benefit 71
3.2 The credibility of the EU as a peacebuilder 73
4. Conclusions 75
Chapter 3
EU enlargement as a peacebuilding tool 77
Steven Blockmans
1. Building peace across the continent 77
2. (Member) State building, epitome of (EU) peacebuilding 78
3. Legal reform 81
3.1 Peace brokering and constitution-making 81
3.2 Constitutional reform 82
3.3 Approximation of laws to the acquis 83
3.3.1 More than just legal harmonisation 83
3.3.2 Planning documents and institutional mechanisms 83
3.3.3 Technical and financial assistance 85
4. Institution building 87
4.1 Creation and reorganisation 87
4.1.1 Reforming the bureaucracy 87
4.1.2 Coordination within the executive 88
4.1.3 Security sector reform 90
4.2 Democratic legitimacy? 91
5. Constituency building 94
5.1 Introduction 94
5.2 Assuring minority rights protection 97
5.3 Reinterpreting ICTY conditionality 98
5.4 Fighting organised crime 99
6. The future of enlargement: Peacebuilding by default rather than design? 100
Part II. Working with partners
Chapter 4
EU-UN cooperation in peacebuilding: Natural partners? 107
Catriona Gourlay
1. Introduction 107
2. Are EU and UN peacebuilding policies coherent? 108
3. Operational cooperation in peacebuilding: The development dimension 113
3.1 Trends in EC policy and funding for state building in fragile states 113
3.2 Operational challenges for EC engagement in fragile states 115
3.3 Trends in EC funding for the UN 116
3.4 Analysis of funding trends 123
4. Operational cooperation in peacebuilding: The (civilian) security dimension 126
4.1 Trends in European civilian deployments 127
4.2 Civilian ESDP-UN operational cooperation 129
4.2.1 Operational trends 129
4.2.2 Operational cooperation in the DRC and the EU Police Mission
(EUPOL Kinshasa) 131
4.2.3 Operational cooperation in the DRC and the EU security sector reform
mission (EUSEC RDC) 132
4.2.4 Operational cooperation in Kosovo 136
5. Conclusions 138
table of contents
XIII
table of contents
Chapter 5
The EU and the UN Peacebuilding Commission: A short account of how the
EU presence has influenced the newest UN body 141
Stefano Tomat and Cesare Onestini
1. Introduction 141
2. Origins and setting up of the Peacebuilding Commission within the United
Nations 142
2.1 Preparatory work 142
2.2 The position of the EU 143
2.3 Creation of the Peacebuilding Commission 144
3. Structures and instruments of the UN Peacebuilding Commission 145
3.1 Structures 145
3.2 Instruments 147
4. Activities of the UN Peacebuilding Commission 150
5. The presence and the role of the European Union in the UN Peacebuilding
Commission 153
5.1 Negotiations with the UN on the participation of the EU 153
5.2 Negotiations within the EU on its representation in the PBC 154
5.3 The role of the EU/EC in the PBC 154
6. The EU and the PBC: Converging institutional interests? 155
6.1 A coherent and active member 155
6.2 The role of the Presidency 155
6.3 Coordination in Brussels 156
6.4 Expert participation 156
6.5 Visits by the PBC Chair to Brussels 156
7. The effectiveness of the Peacebuilding Commission: An initial assessment
from an EU perspective 156
Chapter 6
Cooperation between the EU and the AU in the field of peacebuilding 161
Koen Vervaeke
1. Introduction: A new context 161
2. The three pillars of the peace and security partnership 164
2.1 Enhanced dialogue on issues related to peace and security 165
2.2 Capacitating Africa to deal with its security challenges 166
2.3 Predictable funding and support to African PSOs 167
3. Key challenges 169
3.1 Building a stronger AU capacity 169
3.2 Ensuring coherence between the continental and regional level 170
3.3 Developing a productive UN-AU-EU relationship 171
3.4 Deepening EU coherence after Lisbon 172
4. Conclusion 173
Chapter 7
Convergence without cooperation? The EU and the OSCE in the field of
peacebuilding 175
David Galbreath
1. Introduction 175
2. Converging agendas and functions 176
3. Peacebuilding cooperation in context 180
3.1 Conflict prevention and resolution 180
3.2 Democracy promotion 183
3.3 Human rights protection 185
4. Conflict or cooperation? 187
5. Conclusion 190
XIV table of contents
Part III. Peace and security
Chapter 8
The European Union and security sector governance 195
David Spence
1. Introduction: Discovering the concept of SSR 195
2. Issues of security in international context 197
3. Two concepts of SSR: Armed services-specific and holistic-societal 199
3.1 Reforming the armed services 199
3.2 A holistic-societal approach to SSR 200
4. The origins and precepts of the EU’s holistic approach to security sector reform 202
5. Human security 203
6. The evolution of the EU policy framework for SSR 206
7. Learning on the job: Cross-Pillar approaches to SSR 208
8. The Commission’s external assistance instruments in support of SSR 211
9. The Commission’s international role: donorship and coordination 212
10. Conclusion: SSR and the EU’s normative role 215
Chapter 9
Strengthening security, building peace: The EU in the Democratic Republic of Congo 221
Marta Martinelli
1. Introduction 221
2. Background to the security situation in the DRC 222
2.1 The security context today 224
2.2 Security providers? 227
3. The role of the EU in promoting stability in the DRC 229
3.1 Military intervention: from Artemis to EUFOR RD Congo 230
4. The EU and security sector reform in the DRC 233
4.1 A country-specific approach 233
4.2 EUPOL Kinshasa 236
4.3 EUPOL RD Congo 237
4.4 EUSEC RD Congo 238
5. The contribution of ESDP to peace and stability in the DRC: Some preliminary
reflections 240
5.1 Strengths 240
5.2 Weaknesses 242
6. Conclusion: Promoting peacebuilding through SSR 245
Chapter 10
The European Union and peacebuilding: The case of Chad 249
Cees Wittebrood and Christophe Gadrey
1. Introduction 249
2. Regional context 250
3. EU response 252
3.1 Security support 253
3.2 Political engagement 255
3.3 Humanitarian assistance 256
3.4 Development cooperation 258
4. Lessons learned 258
4.1 Has the EU approach really been comprehensive? 259
4.2 What about complementarity? 259
4.3 Has EUFOR been an appropriate and effective tool? 261
4.4 Has coordination been adequate? 263
5. Conclusion 266
XV
table of contents
Chapter 11
EU peacebuilding in Georgia: Limits and achievements 269
Michael Merlingen and Rasa Ostrauskaite
.
1. Introduction 269
2. Two decades of conflicts and tensions in Georgia 270
3. EU peace activities in Georgia: From hands-off to hands-on engagement 275
4. Building peace through political dialogue 279
5. The peacebuilder: The European Commission in Georgia (including Abkhazia
and South Ossetia) 281
6. The EU Special Representative for the South Caucasus: Security sector reform
and confidence building 284
7. EUJUST THEMIS: Building peace through reinforcing the rule of law? 285
8. The EU Monitoring Mission in Georgia 286
9. The Geneva talks 288
10. Conclusion 291
Chapter 12
The EU in Afghanistan: Peacebuilding in a conflict setting 295
Eva Gross
1. Introduction 295
2. Contextualising EU engagement in Afghanistan 296
2.1 The international post-conflict reconstruction framework 296
2.2 Local starting points, Afghan realities 299
3. The EU in Afghanistan 301
3.1 Activities since 2001: An overview of the broader EU presence 301
3.2 Europeanising EU efforts: Development, governance and the rule of law 302
3.2.1 Health and rural development 303
3.2.2 Governance and the rule of law 303
4. Peacebuilding along the security-development nexus: Strategic and
implementation challenges 307
5. Conclusion 308
Part IV. Rule of law, democracy and human rights
Chapter 13
The European Union and electoral support 313
Patrick Dupont, Francesco Torcoli and Fabio Bargiacchi
1. Introduction 313
2. Election assistance and election observation 314
3. EU election observation and assistance 315
4. EU electoral assistance 316
5. EC-UNDP partnership in election assistance 316
6. EU election observation 318
7. Composition of EU Election Observation Missions 319
8. Towards an integrated strategy 321
9. Historical perspective – learning by doing 322
10. International and legal framework: Standards and good practices 324
11. The conceptual framework: A cyclical approach towards elections 326
12. Election observation and assistance – complementary activities 329
13. The strategic framework (1): Whether to engage? 330
14. The strategic framework (2): Where to engage? 333
15. The strategic framework (3): How to engage? 334
16. Further orientations 335
XVI table of contents
Chapter 14
Mainstreaming human rights and gender into the Common Security and Defence
Policy: The case of the EU Monitoring Mission in Georgia 341
Hadewych Hazelzet
1. Introduction 341
2. Mainstreaming human rights and gender into ESDP 341
3. Case study: EU Monitoring Mission (EUMM) Georgia 345
4. Conclusion and way forward 347
Chapter 15
EULEX Kosovo: Walking a thin line, aiming for the rule of law 353
Stephan Keukeleire and Robin Thiers
1. Introduction 353
2. Setting the stage: The UN’s peacebuilding efforts in a post-conflict society 355
3. The bumpy road from UN(MIK) to EU(LEX) 358
4. Council Joint Action 2008/124/CFSP: Mandate, tasks and organisation of
EULEX Kosovo 360
5. Police and customs: The easy job? 364
6. EULEX justice – or what it all comes down to in the end 367
7. Conclusions 373
Chapter 16
The Aceh Monitoring Mission: Securing peace and democracy 375
Justin Davies
1. Introduction 375
2. AMM in the context of the Memorandum of Understanding 376
3. Mandate of AMM and immediate challenges 378
4. Organisational elements 380
5. Proactive monitoring – rule of law, human rights and democracy 381
6. Conclusion and the future 385
Chapter 17
The European Union and transitional justice 387
Thomas Unger
1. Introduction 387
2. Defining transitional justice 388
3. The link between transitional justice and peacebuilding 391
4. The relevance of transitional justice for the EU 393
5. Current EU policy and practice on transitional justice 394
5.1 General overview 394
5.2 The Council (the ‘voice of Member States’) 395
5.3 Commission (the ‘driving force of the EU’) 398
5.4 The Parliament (the ‘democratic voice of the people’) 400
6. Possible future directions for the EU on transitional justice 401
7. Conclusions 403
Part V. Good governance and economic development
Chapter 18
International trusteeship and democratic peacebuilding: The EU in the Balkans 407
Tonny Brems Knudsen and Christian Axboe Nielsen
1. Introduction 407
2. International trusteeship: The concept and the challenge 409
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table of contents
2.1 Conceptual clarification 409
2.2 The problems of contemporary trusteeship arrangements 413
3. Democratic and constitutional problems: Lessons from Bosnia and Herzegovina 416
3.1 The democratic challenge: The long shadow of Dayton 418
3.2 The constitutional challenge: From entities to statehood? 423
4. Democratic and constitutional problems: Lessons from Kosovo 427
4.1 The democratic challenge: The long shadow of Resolution 1244 428
4.2 The constitutional challenge: From postponement to contested independence 430
5. The EU solution: From Dayton and Kumanovo to Brussels? 435
Chapter 19
A missed opportunity: State building in Bosnia and Herzegovina (October 2002 to
October 2006) 439
Michael Humphreys and Jasna Jelisic
´
1. Introduction 439
2. Background 440
2.1 The Dayton Peace Agreement and its aftermath 440
2.2 The function of external actors in Bosnia 444
2.3 The role of the European Union 445
2.4 Immediate situation pre- and post-elections 446
3. A window of opportunity – 2003 to 2005 446
3.1 Formation of the new government 446
3.2 OHR reform programme 448
3.2.1 Defence reform 448
3.2.2 Tax reform 449
3.2.3 Police reform 450
3.3 EU integration process of BiH 452
3.4 Constitutional reform 452
4. Reflections 454
4.1 Turning points 454
4.2 Interinstitutional coherence 454
4.3 Lessons learned – what opens opportunities? 455
4.4 What froze the state building? 457
4.5 The future 459
Chapter 20
Meeting the challenge of state building: EU development policy and cooperation in
post-conflict countries 461
Philippe Darmuzey
1. Introduction 461
2. The rationale for intervention in post-conflict countries 462
2.1 European Consensus on Development 462
2.2 Overview of key objectives 462
2.3 Situations of fragility 463
3. Instruments 465
3.1 Trends in Commission funding between 2001 and 2008 465
3.2 European Development Fund 466
3.3 Instrument for Stability 468
3.4 African Peace Facility 468
4. Challenges and ways forward 469
4.1 Introduction 469
4.2 Towards a ‘Whole-of-the-Union’ approach 470
4.3 The state-building challenge 470
4.4 Rendering EU development assistance more effective and responsive 471
4.5 Strategic partnerships 472
5. Conclusion 474
XVIII
Chapter 21
The EU and the Kimberley Process: A new international actor for new international
relations 475
Stéphane Chardon
1. Introduction 475
2. The Kimberley process: An innovative international instrument 477
2.1 The legal status of the Kimberley Process: An international scheme based on
national laws 477
2.2 The KP’s innovative organisational set-up: Flexibility and burden sharing 478
2.2.1 The Chair 478
2.2.2 Working groups 479
2.3 Tripartite composition and consensual decision-making 480
3. From Kimberley to Windhoek – the maturity of the KP (2003-2009) 480
3.1 KP ‘inclusiveness’ – an attractive club 480
3.2 KP statistics – transparency in the diamond sector 481
3.3 Monitoring KP implementation – the KP’s ‘investigative arm’? 482
3.4 From conflict prevention towards peacebuilding 485
4. The KP’s operations in crises 487
4.1 Côte d’Ivoire: UN and KP united in the fight against conflict diamonds 487
4.2 Marange diamonds: ‘Blood diamonds’ or ‘conflict diamonds’? 488
5. Challenges to the KP’s future 489
5.1 Too narrow a mandate? 489
5.2 Strong international rules v. weak national implementation 490
5.3 Adaptation and evolution 491
5.4 A Kimberley Process for all ‘conflict resources’? 491
6. Conclusion – a new instrument for a new century 492
List of Contributors 495
Index 499
table of contents