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6 Hague J. on Rule L. 1 (2014)

handle is hein.journals/hagjuote6 and id is 1 raw text is: 1 Justice and Security Provision in Post-War Mozambique - A Politically Contested Field Helene Maria Kyed* This article explores the complex empirical landscape of justice and security provi- sion in post-war Mozambique, and its political dynamics. It scrutinises the formal policy framework, which today recognises legal pluralism. The current legislation not only fails to fully recognise the de facto role played by non-state providers, but also to acknowledge the various layers of informal interaction and competi- tion that in practice occur between these and official state institutions. There are political reasons for this. Justice and security provision constitute a minefield of power interests and overlapping claims to authority, which have deep historical roots. State officials and the national government fear losing power if non-state actors are given clear rights and mandates. Unclear legislation also eases political instrumentalisation by politicians and power-holders. The risk is that justice and security provision becomes more about politics than about problem solving and access to justice. Access to justice and security are of core concern to the majority of Mozambicans, and not least to those who inhabit the country's poor areas. Since the 16-year civil war between Frelimo and Renamended in 1992, the state police and the judiciary have undergone comprehensive reform efforts as part of the country's democratic transition. Through such efforts international development partners and the Frelimo government have placed emphasis on professionalising formal state institutions in accordance with the rule of law and human rights. However, despite improvements, the police and the judiciary face many challenges in provid- ing adequate justice and public safety, especially to the rural and urban poor. To many Mozambicans the official courts are viewed as being difficult to access, as- sociated with high costs and as providing forms of justice that do not correspond well with local socio-cultural norms and practices of justice. The police are often accused of being partisan, ineffective, indifferent to the public safety needs of the poor, violent, corrupt and lacking the capacity to prevent crime. *Senior Researcher, Danish Institute for International Studies, hmk@diis.dk and hmkyed@ gmail.com. First published online 4 November 2013. Hague Journal on the Rule of Law, 6: 1-25, 2014 © 2013 TM-AssER PRESS and Contributors doi:10.1017/S1876404513000031

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