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ST/ESA/PAD/SER.E/121 Department of Economic and Social Affairs Division for Public Administration and Development Management

Building Capacities for Public Service in Post-Conflict Countries United Nations New York, 2007

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DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it generates, compiles and analyses a wide range of economic, social and environmental data and information on which Member States of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on the ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. Notes The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The designations developed and developing economies are intended for statistical convenience and do not necessarily imply a judgement about the stage reached by a particular country or area in the development process. ST/ESA/PAD/SER.E/121 United Nations publication Copyright United Nations, 2007 All rights reserved

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Building Capacities for Public Service in Post-Conflict Countries

Table of Contents

Preface.... 4

Introduction 5

PART I THE ROLE OF POLITICAL LEADERSHIP AND CONSTITUTION-MAKING

PROCESSES IN PUBLIC SERVICE RECONSTRUCTION AND RECOVERY Chapter 1 The Role of Political Leadership in Reconstructing

Capacities for Public Service after Conflict (John-Mary Kauzya)... 12 Chapter 2 The Role of Political Leadership in Post-Conflict

Recovery: The case of Sierra Leone (H P Mcleod)... 26 Chapter 3 Constitution Building Processes and Re-shaping Capacities

for Public Service in Post- Conflict Countries (Sakuntala Kadirgamar-Rajasingham). 41

PART II RE-STARTING, REVITALIZING AND RE-FOCUSING THE POST-CONFLICT

PUBLIC SERVICE Chapter 4 Restoring the Post-Conflict Public Service to its

Position as the Heartbeat of Government (James Katorobo) 50 Chapter 5 Reforming the Law and Order Sector as a

Key Element of the Public Service Transformation: Lessons from the South African Police Service (Mohamed Latiff Wahab, with contributions from Anita Ernstorfer).. 65

Chapter 6 Challenges of Reconstituting Conflict-Sensitive Governance

Institutions in the Public Service: The Case of Bosnia Herzegovina (Jakob Finci)......................................................................................................... 90

Chapter 7 Consolidating State Legitimacy through Citizen Engagement

in Post-Communist Transition: Lessons from Central and Eastern Europe (Roxana Zyman with contributions from Heather Hilsinger).. 116

Chapter 8 Conclusions and Recommendations (M. Jide Balogun). 138

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Preface The theoretical underpinnings and actual practice of reconstituting and reframing government structures and institutions after conflict has long been a matter of grave concern to the United Nations and its Member States. The Division for Public Administration and Development Management has for a number of years been gathering and expanding the knowledge base on this subject, and on the particular subset of revitalizing the post-conflict public service. Through its Governance and Public Administration Branch, the Division has sought to share the expertise of practitioners on this subject worldwide through specialized expert group meetings, capacity-building workshops, publications, and on-line dissemination of information. This publication on Building Capacities for Public Service in Post-Conflict Countries represents a more nuanced contribution to the discourse on post-conflict reconstruction by focusing on some of the most fundamental and earliest elements to be addressed in the conflict/post-conflict/reconstruction spectrum, namely: constitutional enshrinement of the character of government institutions; political will and leadership; and the necessity of inclusive and participatory processes for the articulation of national aspirations followed by their translation into an organizational structure for the new public service to fulfill them. The volume presents side-by-side a conceptual approach followed by in-depth descriptions by practitioners of how this has been achieved in a variety of post-conflict situations. Having the vantage point of the United Nations, the Division has the opportunity to meet and convene national authorities, practitioners and experts from across the globe and distill the particular and universal wisdom that their experiences have elicited. Among the strongest insights that come through the experiences shared in this volume, there are two, which we hope will be added to the international communitys ledger of pre-requisites in post-conflict situations:

(1) the centrality of the public service as the life force, or as one of the authors calls it, the heartbeat of government, and

(2) the need for national leadership and full national ownership of the process of reconstituting the

whole of government and in the public service, and for trust in the leaders of governments and implementers in the public service, an essential to achieve sustainable post-conflict stability and progress.

We hope that the reader finds this collection of viewpoints and experiences a useful addition to the thought, debate and practice of post-conflict reconstruction. The Division for Public Administration and Development Management considers the nuts and bolts of capacity-building for public service in post-conflict situations to be one of its foremost areas of concern and will continue to undertake further in-depth research and data-gathering in this area. Guido Bertucci, Director Division for Public Administration and Development Management Department of Economic and Social Development December 2007

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Introduction

John-Mary Kauzya

In a post-conflict and/or crisis situation, the establishment of credible governance and public administration institutions and systems is a critical determinant of sustainable recovery, peace, and development. It needs to be emphasized that at the center of credible public administration is an effective Public Service, whether understood as an institution, an organization structure, a cadre of public officials, or simply as the service provided by a public authority. Therefore, a capable public service has a greater bearing on recovery than is generally recognized, both in terms of delivering aid and basic services and in rebuilding national cohesion and the credibility, legitimacy, and trust of government.

International actors may be needed to deliver emergency and relief aid in humanitarian operations during and in the immediate aftermath of crisis. But, in the rush to supply peacekeepers, food, or shelter and the corresponding measurements of success in tonnage delivered or lives saved, it is easy to forget that the external intervention predominant in this phase is very transitory. It soon becomes apparent that the internationals need local knowledge, networks, and support which are ultimately the only sustainable foundation for reconstruction. Institutions, systems, structures and processes, as well as the actors that constitute the public service as the human component of the national public administration system, are the only dynamic and sustainable factor that can provide initial support and eventually take over and implement emergency as well as longer-term reconstruction activities within all sectors of society. The public service is particularly important in planning, implementing and sustaining service delivery, revitalizing the economy, and ensuring security. But, one of the key, and perhaps under-appreciated elements of recovery, involves the human and social dimensions of rebuilding trust in government. How the public service is restructured and how it is redesigned to function becomes one of the most visible ways in which government interfaces with its populace. This gives the public service a much greater role in and influence on social cohesion and development. Post-conflict recovery greatly depends on the capacity of the public service.

It needs to be recalled, however, that the public service is not external to a conflict or crisis situation. It is part and parcel of the socio-politico-economic and cultural conditions that interplay to fuel the conflict and more often than not it is itself a casualty of the destruction engendered by the conflict. As a central actor in the reconstruction process, therefore, the public service is called upon to be the agent of change and to ensure that it undergoes transformation to manage the changed and changing overall socio-politico-economic and social governance terrain.

Whether as an institution, an organizational structural arrangement, a cadre of officials operating in the pubic sector or a set of rules, laws and regulations governing public officials action and behavior, the public s