Awkward: Explaining Dialogue in Libya Amid U.S. Government Shutdown

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Graffiti art along a wall in Tripoli

I am cross-posting a blog that I wrote with a colleague on our recent trip to Libya.  The blog appeared on the United States Institute of Peace website as part of their “Olive Branch” blog series.

Here is the original linkhttp://www.usip.org/olivebranch/awkward-explaining-dialogue-in-libya-amid-us-government-shutdown

Monday, October 28, 2013
By: Colette Rausch and Christina Murtaugh
It was Oct. 1, and we were midway through an 11-day visit to Libya. Our intent was to nurture the development of rule of law by guiding civic and business leaders, government officials, militia fighters, police, judges, young people and even artists through Justice and Security Dialogues. The process empowers communities to create a forum where they can bridge differences and make progress establishing security and justice among all those involved.

And then the U.S. government shut down.

In Libya, representing the U.S. Institute of Peace, an independent, nonpartisan organization funded by Congress, we couldn’t – and wouldn’t – take sides. But the questions started coming: how can the United States government, often seen as a template for democracy, shut down and stop its work? Even with all the chaos, violence, and lack of full central government control, we were told, the Libyan government had not ceased its work.

We were also faced with explaining the premise of the dialogues — that communities need to meet and discuss issues to build a peaceful, democratic society — all while our own government appeared to be taking the opposite route. Negotiations in the U.S. Congress, one of the most-admired deliberative institutions in the world, had broken down so severely that federal budget authority lapsed, forcing many government offices to shut their doors and furlough some 800,000 workers.

With the implicit hit to our credibility as facilitators and supportive partners, we felt we had to take a step back and reinvest in building trust.

First, some background. USIP and its Rule of Law program have been engaged in Libya since soon after the ouster of Libya’s longtime dictator, Muammar Gadhafi, in 2011. The program engages in a variety of work, including research, workshops, and the dialogues, to help Libya address the many security issues that hamper its emergence from violent revolution and its transition to an entirely new system based on the rule of law.

USIP specialists have criss-crossed much of Libya traveling to the cities hit hardest by the revolution, to remote corners ignored for decades by Gaddafi, and to the various borders with Libya’s neighbors, assessing the country’s prisons, researching intricate challenges of justice and security and offering other expertise wherever we are welcome.  Our colleagues have braved firefights and a car bombing and we put ourselves at risk for the cause of peace as a matter of necessity.  Developing contacts, trust and engagement in such an unstable environment is a long, arduous and sometimes dangerous process that requires no small measure of finesse, diplomacy, risk-taking and determination on both sides.

So it’s not hard to imagine the puzzlement and frustration of our Libyan colleagues when they learned that other USIP counterparts who had been furloughed back in Washington were prohibited by law from replying to e-mail or otherwise engaging in an official capacity while our government was shut down.  The two of us had been exempted for the work we were doing in the field. By being there, we were able to explain the unanswered e-mails and maintain the constant contact and relationship-building required to make peacebuilding work.

In perhaps a reverse irony, our own government’s challenges ultimately provided us a valuable point of entry for our discussions around Justice and Security Dialogues in Libya.

In one dialogue, a town elder walked us through a document that he and others in his shura council had developed with considerable thought and deliberation.  But as he presented it, others in the room began to fidget and show signs of unease.  The confidence displayed by the presenter was in sharp contrast to some of the others around the table.  So we asked the speaker to pause as we asked the others about their discomfort.

“We have not seen this document before,” said one of the youths at the table.  The elder insisted everyone had been consulted and that he had addressed everybody’s needs. But then another participant said that he also had not been consulted.

What we were experiencing was a microcosm of difficulties facing societies and countries the world over.  No matter how well-drafted a law or even a constitution may be, at the end of the day, whether people will follow it often depends on whether they feel “ownership.”   Until then, it is just words on paper.  We have seen many occasions where groups criticize their country’s existing constitution, but what they are really saying is they don’t feel it reflects their own ideas and aspirations.

In this group, while everyone agreed that the document was thorough and well thought-out, the process used to develop it was not fully transparent, nor did the process involve all different groups in the community. The elders, meanwhile, felt it was their traditional role to provide such guidance. Moreover, many in the room felt they had been waiting for security for over two years, and opening up the process would delay any potential progress. In the end, people saw the need to include the other elements of their society to ensure buy-in and ownership. They would need to find a way to balance this without having to start anew.

Through dialogue, this small group of elders, youth, police, artists, business professionals and others experienced the challenges and benefits of the kind of inclusive process that makes a democracy work. We couldn’t help but think it was a lesson far too often overlooked back home.

Colette Rausch is USIP’s associate vice president for governance, law and society. Christina Murtaugh is a USIP program officer for rule of law.

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Trust: An Essential Ingredient in Building Peace, Justice and Security

Outside the Martyrs Museum in Misurata, Libya

“Peace is more than just the absence of conflict. Peace is the presence of mutually respectful relationships among individuals and groups. Those relationships enable disputes to be handled with tact, understanding, and a recognition that everyone shares some common interests. At the heart of those relationships is trust.”

I am cross-posting below a piece on my trip to Libya that was posted today on the United States Institute of Peace (USIP) website:  http://www.usip.org/in-the-field/trust-essential-ingredient-in-building-peace-justice-and-security

Trust: An Essential Ingredient in Building Peace, Justice and Security

November 5, 2012, In the Field by Colette Rausch

Introduction
“Why are you here? What interest does the United States Institute of Peace have with Libya?”

Full of uncertainty, suspicion, and even a little fear, the questioner spoke for some of the Libyan participants at a workshop in the battle-scarred city of Misurata. It was June 2012, and my colleagues and I had come there from USIP’s headquarters in the heart of Washington, DC, to facilitate a workshop on justice and security. We had just introduced our Libyan hosts to the packed two-day agenda that we had planned for them, and we were all taking a short coffee break before getting down to business.

But then, as the presenters and participants congregated in small groups—little islands of familiar faces nervously scanning the unfamiliar faces on other islands—one man caught my eye, walked quickly over to me, and asked with transparent concern, “Why are you here?”

We had an agenda, participants, and even refreshments—but, evidently, we did not have trust.

Peace and Trust
Peace is more than just the absence of conflict. Peace is the presence of mutually respectful relationships among individuals and groups. Those relationships enable disputes to be handled with tact, understanding, and a recognition that everyone shares some common interests. At the heart of those relationships is trust.

Trust cannot be coerced, delivered, or manufactured. It develops through a process of collective engagement and through a commitment to a common purpose. Where that process is brand new and where that purpose is vague or open to question, trust does not come easily. Which brings us back to Misurata.

A Proud City 
In the battle between Colonel Gaddafi’s regime and the revolutionary fighters determined to topple it, Misurata was strategically invaluable. Gaddafi knew that if his forces held the city known as Libya’s “business capital” and home to a thriving deep-sea port, he would deny the rebels access both to other parts of the country and to resources from the outside world. Most of the population of Misurata, however, supported the rebels. Gaddafi’s troops bombarded neighborhoods in Misurata, slaughtered hundreds of innocent civilians, and cut off the water supply. But after a four-month-long fight, the rebels, with NATO support, finally ejected the regime’s troops from most of the city in May 2011.

Misurata, Libya

Bloodied but proud of their role in defeating Gaddafi’s war machine, the people of Misurata have since demonstrated an unswerving commitment to rebuilding their city and to playing a leading role in renewing Libya as a free country that provides security, justice and the rule of law to all its people.

In February 2012, I visited Misurata with my colleague Vivienne O’Connor to scout out the potential needs and challenges facing Libya in its post-Gaddafi transition. After Vivienne and I returned to the United States, we began working with our local partners to organize a workshop on the difficulties of transitioning from an authoritarian society to one based on the rule of law. The participants would include lawyers, judges, local council representatives, business people, civil society representatives and Thuwar (revolution fighters) who were now running the city’s prisons.

In June, a small group of us traveled to Misurata to facilitate the workshop, which was entitled “Rule of law, Justice and Security for a New Libya.” We were eager to share our experiences in transitional societies, but we had no thought of insisting that our hosts slavishly follow our recommendations on fostering the rule of law—indeed, we weren’t going to make any recommendations.

One of the things that sets USIP’s Rule of Law Center apart from similar organizations is that, when we enter a post-conflict society, we ask, “How can we help you? What is it you would like from us?” We do not declare, “This is what you need to do.” We learned long ago that local people must make their own decisions about how to develop security and justice in their own country. If there are areas where our experience and expertise can be of use, we are happy to share them but we never force them upon others. After all, our experience and expertise come from listening to just such people. When we go to a transitional society, we talk about case studies and comparative practices; the locals tell us the problems they face and the lessons they have learned. It is a collaborative process that pivots around shared trust. Any solutions that materialize as a result of our collaboration will be homegrown and tailored specifically to the needs of the local population.

Tripoli Street, Misurata, Libya

Unfortunately, while we knew we had no thought of dictating solutions, not all of our Libyan hosts did not. And their skepticism and suspicion were articulated by that one question, “Why are you here?”

Tough Questions
Superficially, the question might have seemed to an outsider to be no more than a polite inquiry. Just below the surface, however, lay uncertainty and mistrust. Those sentiments can roil every workshop, especially if they are not identified and brought to the surface. In Misurata, we were fortunate that they surfaced at the outset. They weren’t shared by everyone in the room, but more than a few felt this way, and we couldn’t afford to ignore those feelings. We had to tackle them there and then if the workshop was not to become a meaningless voyage through bullet points and procedures, an empty academic exercise. If we could answer that question “Why are you here?” (and the numerous other questions underlying it), we might connect on a much deeper level, one built on trust, mutual respect, and personal accountability.

With that in mind, we set our scheduled discussion aside. Once the coffee break ended, we reconvened the workshop, but we spent the next few hours inviting and answering questions. We stressed that we would answer anything; nothing was off the table, nothing was too sensitive to answer. Had we set some conditions, we would have invited further skepticism from participants.

Their queries came in quick secession, some in direct, even blunt language, while others were more nuanced. Libyan tradition insists on extreme politeness to guests, and no one was rude, but everyone wanted honest answers to their honest questions.

Those questions covered a lot of ground, and revealed a lot about unhappy past experiences, fears for the future, and uncertainty about the present.

Some questioners were wary of our connection to the U.S. government. “How can USIP be truly independent if it also takes money from the U.S. government?” asked one person. “How can you talk about justice,” asked another, “when the United States still runs the Guantanamo camp?”

Some questions indicated a lack of exposure to organizations such as USIP. Confusion or bemusement about what we do and why we do it sparked suspicion: “Why do you come to Libya and spend money organizing this workshop for us?” “What do you get out of this?”

Meanwhile, other questions betrayed far too much exposure to international organizations! We heard many stories about foreigners coming to Libya to ask about people’s most desperate needs and dearest dreams, and then leaving Libya, never to be heard from again. We heard several other stories about how various international nongovernmental organizations and others had descended on Libya, scratched the surface, appointed themselves as experts on the country, and published articles that bore little resemblance to reality on the ground for the average Libyan.

The participants recalled how they had opened their doors to the media and candidly explained the challenges Libyans face, only to have some members of the press use that information to paint a distorted portrait of post-revolution Libya, one full of real problems but devoid of the equally real optimism that is so much in evidence in Misurata. The Libyans had felt betrayed—not so much because the reports were critical but because they were inaccurate or one-sided. One official said that he had given a foreign journalist “access to everything” because the official and his colleagues were eager for help and to learn and abide by international standards. But when the journalist’s report came out, the official felt like he had been “hit in the stomach,” because the article presented things in a very negative light without explaining the challenges facing Libya in its transition.

The most pointed questions came from a man who had fought on the front lines against Gaddafi’s forces. He arrived at the workshop wearing camouflage and a facial expression that made me shudder to think about what he had witnessed on the battlefield. It turned out that he had been a businessman and had never imagined that he would pick up a weapon. He had decided, however, that he had no other choice when confronted by the brutality of Gaddafi’s attack and the imminent threat to the lives of his family, friends and community.

Photos of some of the people of Misurata who were killed during the flghting

Graffiti along the road outside Misurata heading back to Tripoli

Participants relayed their frustrations with the outside world, which seemed to expect perfection from the very beginning of the new Libya. They admitted, too, that after 42 years of dictatorship, Libyans were feeling their way through the transition to democracy and would inevitably stumble from time to time. Gaddafi’s own summary execution at the hands of a lone vigilante showed just how difficult it is to apply the rule of law when tensions are so high, emotions are still raw, and everything is still in flux.

At the same time, the participants wanted Libya to be seen as a country that is moving beyond the Gaddafi era and toward a democratic future. Several questioners asked how the West and the international community as a whole view Libya.

Honest Answers
We took each question, and did our best to provide answers that were not only honest but also full. We offered contextual background, explained how USIP operates, related personal experiences, and acknowledged geopolitical realities.

After two hours or more of this sometimes difficult and delicate but always enlightening and sincere exchange, one could feel the tension in the workshop begin to subside, the air begin to clear. When every question had been answered, we moved naturally into the rest of the workshop. The workshop was on ‘Rule of law, Justice and Security for a New Libya.” It brought together 20 representatives from the legal community (prosecutors, judges and lawyers) and civil society. The workshop involved capacity development and facilitated dialogue. Presentation topics included “Justice and Security and the Rule of Law,” “Justice and Security Challenges in States in Transition,” and “Building Justice, Security & the Rule of Law: Examples of Successful Initiatives from Other Countries” (with a specific emphasis on how civil society can actively engage in promoting the rule of law in tandem with government efforts). For the facilitated dialogue component, the participants were asked a series of questions on the challenges and solutions to justice and security issues in Libya. They then broke into groups to discuss these and presented their findings in a plenary session.

Misurata, Libya

Over the rest of that day and throughout the next one, many potentially useful ideas and opinions were exchanged. Participants shared their thoughts freely, with little or none of the caution and apprehension they had displayed at the outset of the workshop.

In Misurata, we went some way toward bridging the gulf that had divided us. We did not bridge it completely or permanently; we could hardly expect to establish an enduringly close rapport in just two days. Trust takes longer to flourish, and it needs to be nurtured. But we laid a foundation that was able to support two days of discussions and learning and to nourish hopes of further sharing in the future.

In the end, none of that progress would have been possible had one participant not asked the question that brought into stark relief the importance of building the one thing that is often the hardest to come by following violent conflict: trust.

Explore Further

Trauma Resilience as a Keystone to Building the Rule of Law in Conflict-Affected Societies

9:00 a.m.-11:00 a.m. – Understanding Trauma and its Impacts on Building the Rule of Law in Transitional States & Innovative Approaches to Fostering Trauma Resilience

  • Elaine Zook Barge, panelist
    Director, Strategies for Trauma Awareness and Resilience (STAR)
    Eastern Mennonite University
  • Louise Diamond, Ph.D., panelist
    Founder and Director, Global Systems Initiatives
    Co-Founder, The Institute for Multi-Track Diplomacy
  • COL Walter E. Piatt, panelist
    Commandant, U. S. Army Infantry School, U. S. Army Maneuver Center of Excellence, Fort Benning, Georgia
  • Beatrice Pouligny, Ph.D., panelist
    Former USIP grantee and co-editor of grant book “After Mass Crimes: Rebuilding States and Communities”
    Visiting Faculty at Edmund A. Walsh School of Foreign Service
    Georgetown University
  • Elizabeth Stanley, Ph.D., panelist
    Associate Professor of Security Studies at Edmund A. Walsh School of Foreign Service
    Georgetown University
    Founder of the Mind Fitness Training Institute
  • Colette Rausch, moderator
    Director, Rule of Law Center
    United States Institute of Peace
  • John Lancaster, welcome address
    Board Member
    United States Institute of Peace

11:30 a.m.-1:30 p.m. – Trauma and its Impacts on Building the Rule of Law in Libya

  • Wail A Y Nagempanelist
    Deputy Minister of Justice
    Government of Libya
  • Essam Gheriani, panelist
    Psychologist and head of Mental Health Cluster (Benghazi)
  • Najla Elmangoush, panelist
    Program Specialist
    United States Institute of Peace
  • Matthew Stanford, Ph.D., panelist
    Professor of Psychology, Neuroscience, and Biomedical Studies
    Baylor University
  • Vivienne O’Connor, moderator
    Senior Rule of Law Program Officer
    United States Institute of Peace
  • Read the bios of all the presenters

Explore Further

Sowing the Peace: Justice and Security in the Middle East and North Africa

Here is a piece I did on Justice and Security in the Middle East and North Africa:

http://www.usip.org/publications/justice-and-security-in-the-middle-east-and-north-africa

In it, I discuss the challenges to justice and security in countries undergoing transformations amid recent protests in the Middle East and North Africa and answer the following questions: