The German Experience of Reunification: A Resource for International Peace Operations? Steffen Eckhard and Corinna Kuhl Reunification was the central political event in German post-war history and affected every legal, political, economic, and social aspect of the former German Democratic Republic (GDR). Within just a few years the existing state apparatus was transformed to create a new social order for East German citizens. The daily challenges that needed to be addressed in this institutionbuilding and reform process may contain useful lessons for similar efforts in fragile states and conflict areas. The Center for International Peace Operations (ZIF) commissioned a study to explore this question in greater detail. The study, which was carried out by the Global Public Policy Institute (GPPi), focused on three thematic areas that played a prominent role during reunification and have also been identified by CIVCAP as critical capacity gaps in peace operations: Public Administration Reform; Judicial Reform; and Transitional Justice. Despite its modest scope, the study was able to identify several lessons that could be useful in providing assistance to conflict management and stabilization efforts. The objective of the study was to provide an indication of the value of such an analysis and to identify areas for followup as well as potential challenges. “What role do we want to play in the crises afflicting distant parts of the globe? Are we playing an active enough role in an area in which the Federal Republic of Germany has developed such expertise? I am speaking, of course, of conflict prevention. In my opinion, Germany should make a more substantial contribution, and it should make it earlier and more decisively if it is to be a good partner.” Federal President Joachim Gauck, January 31, 2014 (http://www.bundespraesident.de). 1 1 Policy Briefing | September 2014 The experience gained in building and reforming state institutions as part of German reunification provides valuable insights for modern democratic transition processes. But this experience is rarely drawn upon to create expertise tailored specifically to peace operations. The demand for such expertise is reflected in the recommendations of the Civilian Capacities Initiative (CIVCAP) of the United Nations, which, inter alia, seeks to mobilize the expertise gained from national democratic transition processes for international peacekeeping and peacebuilding efforts. The current discussion about new directions in German foreign policy has also highlighted the relevance of national expertise in civilian conflict management.1 Can the reunification experience provide a framework for innovative German contributions to international peace operations? 2 Policy Briefing | September 2014 The Reunification Experience: Institution-Building with “External” Support after reunification exceeded the capacity of the local authorities. Three types of measures were adopted to cope with these challenges. German reunification unfolded rapidly, without the benefit of long-term planning. Similar to the work of peace operations in conflict zones, the process relied heavily on compromise, improvisation, and flexibility. In March 1990, the landslide victory for the “Alliance for Germany” in the East German parliamentary elections amounted to a nearly plebiscitary vote for joining the Federal Republic. Within a few months, the entire political and legal framework for extending West Germany’s system to the former GDR was created. It replaced an institutional framework without separation of powers. In the GDR, the Socialist Unity Party (SED), the public administration, the judicial system, and the national security apparatus were structurally merged. The task at hand was thus to build - almost from scratch - the institutions at and below the level of the five new states (“Bundesländer”). This was implemented through a decentralized approach based on state partnerships and the twinning of state, district and local authorities. The most important was the deployment of personnel. It is estimated that almost 35,000 West German public employees served in the East, either fulfilling executive functions themselves or supporting and training their East German counterparts. Training was the second major pillar of the reforms. About 1.2 million East German public employees had to be trained to apply the new legal ordinances and administrative procedures. Various instruments were deployed, prioritizing the mobilization of cost-efficient local resources. Thirdly, the three umbrella associations of local authorities (Deutscher Städtetag, Deutscher Städte- und Gemeindebund, and Deut scher Landkreistag) assumed key coordination and support functions, including the placement of public employees through a joint personnel pool and providing urgently required common resources such as organigrams and manuals for administrative processes. As a result, these associations possess the greatest expertise for all strategic and cross-cutting questions con cerning public administration reform during reunification. Partnerships between German states East Germany West Germany Mecklenburg-Vorpommern Schleswig-Holstein, Bremen, Hamburg Brandenburg North Rhine-Westphalia, Saarland Saxony-Anhalt Lower Saxony Thuringia Rheinland-Palatinate, Hesse Saxony Bavaria, Baden-Württemberg Activities in support of public administration reform concentrated on a comprehensive network of 2,000 administrative partnerships at the level of local government districts and municipalities. These are the tiers of government which provide the bulk of public services, including water and energy, population registration, local development planning, waste disposal and disaster protection. However, the high demand for these new services In the field of judicial reform, even more so than in public administration, the main problem was the degree to which the entire judicial apparatus of the GDR was interwoven with the structures of the ruling party. The judiciary did not actually exist as independent third branch of government. The reforms faced two great challenges. Firstly, in addition to establishing a proper civil and criminal justice system, it was also necessary to create completely new administrative, social, employment, and fiscal courts, as well as peripheral institutions such as bailiffs, notaries, and land registries. Here, as in the administrative sector, partnerships among states (Bundesländer) played a crucial role, with West German judges seconded to the East to preside over courts and help build the new institutions and train their staff. The second challenge was the application of the West German system of administration of justice in the GDR, because judges and prosecu- tors had often belonged to the SED party elite or had conducted prosecutions or passed verdicts incompatible with international human rights standards. For that reason, every judge and prosecutor had to face a commission of inquiry, and less than one third of roughly 2,700 GDR judges and prosecutors (largely from the younger generation) were able to remain in their posts after reunification. The Reunification Experience: Dealing with the Legacy of Dictatorship Especially since the mid-1990s a third approach emerged in the form of a broad range of political and societal activities. These include, for example, the opening of the State Security (Stasi) archives and the efforts of various foundations and associations in educational and memorial work. Competencies from Reunification: Expert Knowledge and Lessons Learned Summarizing just a few of the multitude of processes of reunification, the study hints at the large number of daily actions and decisions on the ground that accompany state-building efforts. That is precisely where the added value of a national experience of this kind lies: a significant To cite but three examples of the potential involved: • Preparing administrative and judicial per sonnel for new tasks is a universal challenge of state-building. The traditional German system of Academies of Business Administration and Public Management (Verwaltungsund Wirtschaftsakademien) played a central role in the reunification process, operating with local resources on a small budget. Generally speaking, there is international interest in the German system of dual vocational education and training, to which these Academies belong. This approach could potentially be adapted to the situation in fragile states. • A further example concerns the creation of structures for local self-government. Experts report a notable demand for German expertise in this area, mainly because Germany possesses one of the world’s most decentralized systems of governance. The broad range of public services provided at the district and municipality levels include numerous administrative processes, where the experiences from reunification can contribute to solutions that are innovative and appropriate for the local context. • Dealing with the legacy of dictatorship in Germany involved a contentious public debate about fundamental questions of accountability, justice, and the determination of historical truths. The attempted solutions, setbacks, and successes have shown to be of interest to a number of countries, and resulted in queries being addressed to German authorities and institutions to this day. The emphasis here is clearly on practical issues and exchanges of experience that countries in the midst of democratization processes can put to use, including mistakes that should be avoided (such as the destruction of records or potential memorial sites). 3 Policy Briefing | September 2014 During the 1990s there were two main approaches of coming to terms with the past. The first was the prosecution of crimes committed in the name of the East German dictatorship. Here it quickly became apparent that the German criminal justice system lacked provisions to deal adequately with the prosecution of systemic crimes against the population by the State and its representatives. Only some of the gravest human rights violations could be dealt with in court (largely trials of soldiers who had killed people attempting to flee to the West). This gave added weight to the second approach, the rehabilitation of victims. To date about 250,000 persons have applied for legal, professional, or administrative rehabilitation, which in most cases has involved financial compensation from the German Government. number of experts in Germany have either parti cipated in these processes themselves or have absorbed the experiences from colleagues as lessons learned. 4 New Capacities for Peace Operations Policy Briefing | September 2014 German reunification could serve as a crystallization point for developing a specific German contribution to international peacebuilding and the stabilization of fragile states. To this end, a variety of thematic areas could be explored beyond the Zentrum für Internationale Friedenseinsätze (ZIF) issues discussed in the present study, such as the reform of security institutions or the experience with privatization and economic reconstruction. Tapping the wealth of collective experiences will require careful development of good practices and testing their applicability in environments marked by post-conflict conditions, scarcity of resources, and fragile statehood. Such a process must be based on a systematic analysis of the lessons of reunification, involving academics, professionals with personal experience of the reform processes at the time, and experts from the fields of international peace operations and development cooperation. The analysis would also have to address the controversies, failings, and problems of the West German approach, which are just as important as the successes for identifying lessons learned. Lastly, this kind of expertise would need to be institutionalized and continually developed in order to provide broadly applicable advisory and mentoring services over the long term. It is certainly an idea that deserves consideration. Steffen Eckhard is a research associate with the Global Public Policy Institute (GPPi) in Berlin. Corinna Kuhl works in Human Resources at ZIF. Ludwigkirchplatz 3 – 4 10719 Berlin Phone: +49 30 – 520 05 65 - 0 Fax:+49 30 – 520 05 65 - 90 Human Resources: [email protected] Training: [email protected] Analysis: [email protected] www.zif-berlin.org Design: finedesign, Berlin The relevance of the German reunification experience for other countries already became apparent during the 1990s. In light of their own transitions, countries of the former Eastern Bloc showed increasing interest in Germany’s experiences and lessons learned. The same is true for divided countries like Korea, and today the countries of the Arab Spring. At the time, various organizations responded to the demand and recruited the expertise required for their projects primarily among civil servants and employees of German courts, public administration, memorials and foundations. In many cases these were experts with experience from the reunification period, either as seconded West German personnel or as employees of the former GDR. Whereas personal experience from the reunification period was initially helpful, the lessons have long since become an integral element of German development cooperation.
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