CONFLICT MANAGEMENT  

 

 

The take over of control over the governance of Afghanistan by the Taliban evidences the need to contend with non state armed groups. The failure to include non state armed groups in negotiations has proved fatal to the implementation of peace agreements as seen in South Sudan. This imperative must be balanced with the need to protect state sovereignty.  

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The question is how can these two opposing forces, a government and non state armed group(s), be reconciled in a way that has the effect of managing the conflict, brokering the cessation of hostilities, reducing forced migration and paving the way for post conflict reconstruction? 

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The idea of a "trust" in law provides a simple framework. Put simply, a (1)"trustee" has a (2) "duty" to act in the best interests of the (3) "beneficiary".  There can be multiple trustees and multiple beneficiaries. A trustee can also be a beneficiary. Taking the case of Afghanistan, a non state armed group has become the de facto governing body of the state. The state is therefore governing what it sees as the best interests of the state, making the state both a trustee and beneficiary.

 

Where a territory has been in a state of transition requiring assistance in the administration of civil and social services, rule of law, fiscal authority and even garbage collection, the United Nations has been able to assist in this state administration. This occurred in East Timor, in Kosovo and in Cambodia for example.   Were the United Nations to assist in state administration in Afghanistan with government consent, the United Nations would become a co-trustee with a duty to act in the best interests of the state.

 

If this type of "trust" relationship can be implemented in Afghanistan for example it creates a precedent for use in other conflicts involving multiple actors including non state armed groups. The model is malleable in most types of state conflict including Sudan, South Sudan and Somalia.  

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The idea of a trust exists in the Charter of the United Nations but it has fallen into disuse for historic reasons. In fact a Trusteeship Council also exists but is not utilised. OCMR advocates for re-modelling trusteeship and the readily available framework to make it apply in the context of contemporary conflict management with a view to facilitating post conflict reconstruction and the development of the law post-conflict.

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A diagram of the model and a further explanation of its application is available to view for free in the "download" section in the Shop. 

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