SECURITY GOVERNANCE IN SOUTH AFRICA

In the ten years since the establishment of South Africa's first inclusive democratic government, an ambitious, extensive and systematic process of reform has been carried out in the governance of security. The process is widely regarded as having been successful and a model for other processes of ‘security sector reform’ in the context of transitions from authoritarian forms of governance to democratic ones.

That this been achieved with hardly a shot fired in anger is a remarkable achievement and a credit to visionary political leadership as well as organisational capacity, in other words to effective security governance.

At the same time, progress has been uneven and sometimes fragmentary, policy intentions and commitments have not always been translated into practice, the end results have not been to everyone's liking, and transformation has engendered its own pathologies. Thus several challenges remain in improving security governance.

This article provides a broad overview of the roles played by the various actors in the governance of the security sector, including the executive, parliament and civil society. It examines the main policy frameworks and touches on organisational transformation, because it is impossible to deal with governance in isolation from these issues. Policy processes and the frameworks they give rise to—in particular—are critical for effective governance. This article deals with the defence, safety and security and intelligence fields. A comprehensive overview would need to include the governance of criminal justice and foreign policy. The article does not seek to make an overall evaluation of governance, but to identify achievements, shortfalls and challenges.     

THE LAND IS THE ECONOMY

This article revisits Zimbabwe's land question from the vantage point of having been written five years after the ‘fast-track’ land redistribution programme was launched. Without belittling the accomplishments of land reform in the first 19 years of the country's independence, it is generally clear that the sweeping programme of 2000–2003, the most comprehensive of its kind, created a new paradigm. Clearly, the consequences will take many years to work themselves out through the country's political, economic and social fabric.

The article briefly defines what may be termed ‘old’ and ‘new’ versions of Zimbabwe's land question before outlining the salient aspects of the reform process itself. It then assesses the outcomes of the redistribution, the apparent lacuna between ‘land’ and ‘agrarian’ reform, and the debate that the reform process itself has kindled. Transforming land distribution into qualitative agrarian reform has proved an Achilles heel in the arguments put forward by the proponents of the fast-track programme. Finally, recommendations are provided as to what is necessary to secure land and agrarian reform in the short, medium and long term.     

CIVILIAN PARTICIPATION IN THE EDUCATION AND DEVELOPMENT OF MILITARY OFFICERS

Much is made in the security sector reform literature of the role of civil society as an overseer and monitor of the security sector, contributing to improved accountability and governance. This paper looks at how the notion of ‘civil society capacity’ needs to be disaggregated in order to develop meaningful strategies to assist civil society organisations to impact security sector reforms in complex, post-conflict contexts like the Democratic Republic of Congo. It draws on fieldwork conducted with 200 Congolese civil society groups that are attempting to engage in current security sector reform processes, and looks at which capacities are required to improve oversight by civil society groups.     

Police Corruption: Towards a Working Definition

According to the International Committee of the Red Cross (ICRC) publication Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, all civilians (including child soldiers) lose their immunity from direct targeting ‘for so long as’ their actions amount to direct participation in hostilities. All civilians can, however, access the revolving door of protection and return to their civilian activities – complete with full immunity from direct targeting – provided the nature of their direct participation was spontaneous and disorganised. Once it can be ascertained that their participation in hostilities amounts to continuous combative functions, they relinquish their access to the revolving door of protection, and can be targeted at all times until they abandon their formal or functional membership of the belligerent group. This piece analyses how the revolving door phenomenon and the notion of continuous combative functions apply in instances where civilian child soldiers are directly participating in hostilities.     

‘Fighting for peace’

In Africa, most of the present conflicts are civil, intra-state wars where belligerent groups use guerrilla tactics to achieve various political, economic or ideological objectives. The atrocities and the effect of these on-going wars on innocent civilians, human suffering, poverty and development are beyond comprehension. Not surprisingly, the majority of current peace operations are in Africa, with more than 70 countries contributing forces to these conflict zones. On the continent, South Africa has come to assume a leading role in peace operations and is now a major troop-contributing country to UN and AU missions. In the past 11 years, the South African National Defence Force (SANDF) has taken part in no fewer than 14 peace missions. This article provides a brief background of the conflicts in Burundi, the Democratic Republic of Congo (DRC) and Sudan, the different United Nations (UN) and African Union (AU) mandates under which peacekeepers had to operate as well as their objectives, and the extent of South Africa's involvement in the various missions. In the last section, the major challenges, that these operations have posed are highlighted.     

COOPERATION,SIGNALS, AND SANCTIONS

This paper uses game theory and modeling to address the role of incentive structures and information dynamics in nuclear inspections. The traditional argument is that compliant states should be willing to allow inspections to prove their innocence, while proliferating states are likely to impede inspections. This argument does not take into account the historical variation in inspection, signaling, and sanctioning behaviors. Using a game theoretic analysis and model, it is shown that the separation of proliferators from nonproliferators only occurs when the likelihood of proliferation is high and punishment costs are moderate. The model assumes that states can choose how much to cooperate with inspectors and must pay opportunity or secrecy costs when inspections are effective. The results are tested against a set of real-life cases, providing support for the claims of historical variation and the model's deductive propositions.     

THE HEALTH OF THE NUCLEAR NONPROLIFERATION REGIME

How do we assess the health of international regimes? Many analysts have insisted recently that the nuclear nonproliferation regime is in urgent need of repair or that it should even be discarded because of its supposed ineffectiveness. However, it is essential that statements about the regime being in crisis be scrutinized for veracity and utility. While the spread of nuclear weapons poses an undeniable and serious threat to international security, a mistaken crisis mentality with respect to the regime could lead to rash attempts to alter it in unnecessary or ineffective ways or, at worst, to discard it completely. This paper returns to a theoretical framework that differentiates regimes, across both issue areas and time, to provide a more specified evaluation of regime health. By disaggregating the nuclear nonproliferation regime and assessing the individual and interactive health of multiple dimensions, a number of dimension-specific, regime-strengthening policy recommendations emerge.     

Strategic Ambiguity: Nuclear Sharing and the Secret Strategy for Drafting Articles I and II of the Nonproliferation Treaty

ABSTRACT

Since the 1950s, the United States has engaged in nuclear sharing with its NATO allies. Today, 150-200 tactical nuclear weapons remain on European soil. However, the Treaty on the Non-proliferation of Nuclear Weapons (NPT) prohibits the transfer of nuclear weapons to non-nuclear weapon states. The potential discrepancy between text and practice raises the question of how the NPT's negotiators dealt with NATO's nuclear-sharing arrangements while drafting the treaty that would eventually become the bedrock of the international nonproliferation regime. Using a multitiered analysis of secret negotiations within the White House National Security Council, NATO, and US-Soviet bilateral meetings, this article finds that NATO's nuclear-sharing arrangements strengthened the NPT in the short term by lowering West German incentives to build the bomb. However, this article also finds that decision makers and negotiators in the Lyndon B. Johnson administration had a coordinated strategy of deliberately inserting ambiguous language into drafts of Articles I and II of the Treaty to protect and preserve NATO's pre-existing nuclear-sharing arrangements in Europe. This diplomatic approach by the Johnson administration offers lessons for challenges concerning NATO and relations with Russia today.     

The Canary in the Nuclear Submarine: Assessing the Nonproliferation Risk of the Naval Nuclear Propulsion Loophole

ABSTRACT

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) allows states to exempt nuclear material from international safeguards for use in nuclear submarine programs. This material, however, could be diverted for nuclear weapons purposes without the knowledge of inspectors, creating a potentially dangerous loophole in the treaty. This article argues that exercising that loophole today would amount to admitting a nuclear weapon program, making it a particularly poor pathway to a weapon for a potential proliferant. Still, if states like Brazil ultimately exempt nuclear material from safeguards for a nuclear submarine effort, they could set a dangerous precedent that makes it easier for others to use the loophole as a route to a nuclear weapon capability. There are several policy options available to mitigate the damage of such a precedent; most promising is the prospect of a voluntary safeguards arrangement that would allow international inspectors to keep an eye on nuclear material even after it has been dedicated to a naval nuclear propulsion program.     

YOU CAN'T ALWAYS GET WHAT YOU WANT

The 2010 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) produced a Final Document calling for an extension of the principles of the nonproliferation norm as well as steps toward complete disarmament. This article looks beyond the rhetoric, however, to examine recent decisions by great powers to expand nuclear trade with non-NPT countries and the implications of these decisions on the traditional nonproliferation norm of restraint. This article seeks to contribute to constructivist theory by supplementing existing accounts of norm creation and establishment with a new model of norm change. The article develops a case study of the 2008 US-India nuclear deal to highlight the role of elite agency in key stages of norm change, including redefinition and constructive substitution through contestation. It concludes that the traditional nonproliferation norm may be evolving in new directions that are not well captured by existing theoretical frames.