Empowerment and Protection - Stories of Human Security Oct. 2014 | Page 110

politicisation of security instruments, leaves citizens vulnerable to violence from non-state actors or the state itself. T  he rule of law protects citizens against external threats, such as organised and petty crime, and against internal threats from the arbitrary use of state power against its own citizens. People’s experiences of the state vary considerably according to the state’s capacity and structure, and the identity and histories of communities living under it. The following section outlines four types of governance contexts reflected in the respondent stories: a newly formed democratic constitutional system, transitional states, indigenous communities within states, and statelessness. In each of these contexts, we see the paradoxical role of the state in both ensuring and undermining human security. A newly formed democratic constitutional system: Afghanistan The importance of an existing state and justice system is most evident in Afghanistan, where many respondents refer to the newly established democratic constitutional system and functioning government as an important source of security. As an NGO worker in Kabul notes, “The factor that contributes to my sense of security is the presence of a government, even if it’s weak. A few years ago we didn’t even have a government.” Specifically, the legal system is seen as an important guarantor of security – while the courts and police are unreliably effective or protective, their presence contributes to a sense of security. The new democratic constitutional system exists alongside a political order that many respondents see as a source of insecurity. Many citizens express scepticism that political leaders or security forces 110 stories of Human Security | the Citizen-State Relationship are serving the population, referring to self-interest and political dynamics. The contrast between the security derived from a system of law versus the insecurity from unaccountable leaders and weak governance was most clearly stated by a respondent in Kabul who felt that: “The current government is the most important driver of my insecurity because it is a collection of warlords. I fear this country will go back to the old times. But the presence of a system in Afghanistan makes me feel secure […] now there is a system in place for everything even though it doesn’t work.” While the presence of a new system is better than a total lack of governance, its incomplete application is a source of insecurity. rates as the biggest source of insecurity. Police were not seen as sources of protection – instead, citizens felt vulnerable to police abuse of state power and saw police as threats to security rather than as protectors. With security forces unaccountable to citizens or the law, the state was at best negligent and at worst a predator. Corruption undermined the legal system and deepened insecurity. In place of a predictable system of rules and their enforcement, the state acted in ways that were perceived as arbitrary and personality-dependent: “When you see people wearing uniforms, you a priori perceive them as a [source] of danger. You don’t know what to expect from them.” As a result, citizens had very low trust in state institutions, and fell back on themselves and their personal networks for security. In some cases, citizens had withdrawn all social trust: “Count on yourself. That’s all.” The ability of the government to provide protection against direct violence remains a key source of citizen security or insecurity. Those who do not feel protected by the government will seek physical protection where they can find it. According to another respondent, people were often heard saying that life under the Taliban regime, though it was difficult, was physically safer. While many Ukrainian respondents seemed to express resignation in the low performance of the state, some respondents believed the state’s duty was to provide security. One respondent explicitly called for regime change, which is indicative of the mass unrest in Kyiv at the time. While the state was maligned as a source of insecurity, the expectation that it should provide security still prevailed. Citizens in Afghanistan highlight the central role that the existence of a state plays in their experiences of security. Most essentially, citizens refer to the rule of law and provision of physical protection as the basis for their perceptions of security or insecurity. When political leaders and security forces are not accountable to the law, ordinary people are more vulnerable. In Mexico, respondents similarly describe a state in which weak and corrupt law enforcement and justice systems have resulted in citizen insecurity and violence perpetrated by both non-state and state actors. The weakness of the justice system and law enforcement capacities, compounded by corruption and collusion of the state apparatus in illegal activities, leaves the state unable to protect citizens against the twofold threat of drug cartels or predatory state behaviour. Rule of law: Ukraine and Mexico In Ukrainea and Mexico, two states with a history of one-party rule, people’s concerns about insecurity stem largely from a perceived lack of state ability or political will to establish and enforce the rule of law. The rule of law protects citizens against external threats, such as organised and petty crime, and against internal threats from the arbitrary use of state power against its own citizens. Insecurities resulting from the weak rule of law intensified when the Mexican government initiated a militarised campaign to stop drug violence in 2006. Devastating violence against citizens grew exponentially. According to an interviewee of Nuevo León in northern Mexico, “[a militarised approach] led to more fear and the suppression of activities in the public space.” With the rule of law already weak, the militarisation of the conflict left citizens with few avenues for state protection or redress. In Ukraine, respondents in late 2013 described weak rule of law as a key source of insecurity. A lack of police accountability resulted in lax enforcement of laws, impunity, and rising crime. A majority of Kyiv respondents reported high crime a Interviews were conducted in Kyiv and the Crimean capital of Simferopol in the period preceding and during escalating street protests that resulted in the removal of Ukrainian president Viktor Yanukovych. Menu A citizen security approach developed by civil society in collaboration with government has proven more effective in protecting citizens from violence. By aiming to strengthen the accountability of local officials to their communities, many of the reforms that have been instituted to address the violence have focused on rule of law reforms. This has included reform of the legal framework, the judicial system, and strengthening law enforcement mechanisms. Strengthening citizen voices in security policymaking helped to demilitarise the conflict in Mexico, increasing human security. In both Ukraine and Mexico, the absence of state services and state protection has left citizens vulnerable to violence from crime, and the impunity and negligence of police forces and the ineffectiveness of the justice system are also significant threats to security. Citizens’ efforts to develop greater security involve strengthening the rule of law and making the state more accountable and responsive to citizen s. Strengthening citizen voices in security policymaking helped to demilitarise the conflict in Mexico, increasing human security. Indigenous societies and the state: the Philippines and Zimbabwe In Mindanao, the Philippines, and Zimbabwe, the existence of traditional tribes presents a different relationship between the rule of law and human security. The role of the state vis-àvis indigenous governance structures is complex and simultaneously a driver of conflict as well as a potential source of security. In traditional societies, establishing contemporary rule of law can impose a foreign and sometimes hostile system of governance that complicates or destroys traditional customs and identities. Yet if used to carve out legal space for traditional governance structures and leadership within the state, it can be a source of community security. 111