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The International Conference on the Great Lakes (IC/GLR). Overview of ICGLR Legal Framework: New Perspective Relevant for IDP Protection. Joseph Chilengi Africa IDP Voice Oxford 2007. Overview 1. Objectives, Principles and Stakeholders Stages in the process

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the international conference on the great lakes ic glr

The International Conference on the Great Lakes (IC/GLR)

Overview of ICGLR Legal Framework: New Perspective Relevant for IDP Protection

Joseph Chilengi

Africa IDP Voice

Oxford 2007

overview 1
Overview 1
  • Objectives, Principles and Stakeholders
  • Stages in the process
  • The Pact on Security, Stability and Development in the Great Lakes Region
  • Components of the Pact
  • Implementation issues
  • Challenges
  • Opportunities to address displacement in the region
  • Conclusion
slide3

Tunisia

Morocco

Algeria

Libya

Egypt

Western-Sahara

Mauritania

Mali

Niger

Eritrea

Kap Verde

Senegal

Chad

Gambia

Sudan

Burkina Faso

Guinea-Bissau

Djibouti

Guinea

Benin

Somalia

Ethiopia

Nigeria

Sierra Leone

IvoryCoast

Ghana

Central African Republic

Liberia

Cameroon

Togo

Equatorial Guinea

Kenya

Uganda

Congo

Sao Tome & Principe

Gabon

Democratic Republic of Congo

Rwanda

IC/GLR Member Countries

Tanzania

Burundi

Co-opted Countries involved

Comoros

Angola

Mozambique

Zambia

Mauritius

Zimbabwe

Madagascar

Malawi

Namibia

Reunion

Botswana

Swaziland

South Africa

Lesotho

IC/GLR Member States and Co-opted Countries

point of departure
Point of departure
  • Awareness that national conflicts in the GLR had a regional dimension;
  • People of the GLR interlinked, hence instability in one country affects neighbours;
  • Need to seek a regional approach for sustainable peace and development;
  • Innovative approach complementing national initiatives,
  • Building on partnerships: The core countries, the co-opted countries, RECs, UN, AU, Group of Friends,
  • Reflecting ownership and inclusiveness: Eleven core countries and other groups of society
slide5

Burundi

DRC

Rwanda

Uganda

Kenya

Tanzania

Zambia

Angola

CAR

Rep. Of Congo

Sudan

objectives of the ic glr
Objectives of the IC/GLR

A regional and international response to the challenges of the region to transform it into a space for:

  • sustainable peace and security
  • political and social stability
  • shared growth and development
  • cooperation and convergence

Through implementation of the

Pact on Security, Stability and Development in the Great Lakes Region

stakeholders governments and society
Stakeholders: Governments and Society

Parliamentarians

ANG

BUR

Private Sector

ZAM

CAR

The Pact

TAN

Youth

DRC

Conference Secretariat

UGA

KEN

IC/GLR

SUD

RWA

Civil Society

Women

RoC

stakeholders member states and partners
Stakeholders: Member States and Partners

ANG

BUR

AU and RECs

ZAM

CAR

Group of Friends

The Pact

TAN

Conference Secretariat

DRC

UGA

KEN

IC/GLR

SUD

RWA

RoC

UN-System

Coopted Countries

ic glr a long term process not just an event
IC/GLR: A long-term process not just an event
  • From the mid-90ties to 2003: Diplomatic efforts to get countries concerned ready for and involved in a comprehensive Peace Conference
  • Phase (mid 2003 to November 2004):Laying the foundations of cooperation and agreeing on principles: The Dar Es Salaam Declaration (DD)
  • Phase (12/2004 to December 2006):Elaboration of joint regional programmes of action, protocols and follow-up mechanism which together with the DD form the: Pact on Security, Stability and Development in the Great Lakes Region
  • Phase (2007 ) Implementation of the PACT through the eleven member states and other partners implementing Regional Programmes of Action and protocols:
steps in the 2 nd phase of the process
Steps in the 2nd phase of the process

RPC/RIMC

07/ 2005

Lusaka

1st SUMMIT

Nov. 2004

DDDar

RPC/RIMC 02/ 2005

Kigali

TTTF

06 NBO

TTTF

09 NBO

TTTF

04 MSA

NC

01/06 NBO

Experts

02 KAM

RPC/ RIMC

02/ 2006

Bangui

NC/REC

03/06 ADD

RPC

10/05 Luanda

Experts

01 BRAZ

Experts

03 KAM

RIMC

09/ 2006

NYC

RIMC

12/ 2006

NBO

NC/REC

05/06 NBO

RIMC

07/ 2006

Banjul

2nd SUMMIT

12/ 2006

PACT

NBO

CSO, ♀♀, Y

05/06

KIG

GBV

09 NBO

PPP

05/06

LUS

slide12

The Pact on Security, Stability and Development in the Great Lakes Region:A “House” for regional Peace-building and Development

REGIONAL FOLLOW-UP MECHANISM (RFM)

INSTRUMENTS:

LEGAL:

REGIONALPROTOCOLS

TECHNICAL:

REGIONALPROGRAMS OF ACTION

FINANCIAL:

SPECIAL RECONSTRUCTION AND DEVELOPMENT FUND (SRDF)

THE DAR ES SALAAM DECLARATION ON PEACE, SECURITY, DEMOCRACY AND DEVELOPMENT

slide13

The Dar Es Salaam Declaration

Vision

Priority Policy Options and Guiding Principles:

The DD is the foundation for a common vision for reconstruction, political stability and sustainable development in the Great Lakes Region

Democracy and Good Governance

Peace and Security

Economic Development and Regional Integration

Humanitarian and Social Issues

Cross-cutting Issues: Gender, Human Rights, Environment, Human Settlement, HIV/Aids

10 regional protocols
10 REGIONAL PROTOCOLS
  • Non-Aggression and Mutual Defense in the Great Lakes Region;
  • Democracy and Good Governance;
  • Judicial Cooperation;
  • Prevention of and Curbing Crime of Genocide, Crimes of War, Crimes against Humanity;
  • Prevention of illegal exploitation of natural resources in the GLR;
10 regional protocols cont d
10 REGIONAL PROTOCOLS (cont’d)
  • Specific Reconstruction and Development Zone;
  • Protection and assistance to internally displaced persons;
  • Property rights of returning populations;
  • Prevention and suppression of sexual violence against women and children;
  • Management of Information and Communication
slide16

REGIONAL PROGRAMS OF ACTION AND PROJECTS

Democracy and Good Governance

Peace and Security

Economic Development and Regional Integration

Humanitarian and Social Issues

10 SUB-PROGRAMMES (33 projects)

Cooperation in (3) Poverty Reduction

Disaster preparedness, protection & assistance to IDP’s and refugees and environment (4)

Joint Security Management of Common Borders (5)

Rule of Law, and Human Rights and the Fight of Crimes against Humanity (2)

Harmonization and Strengthening of Regional cooperation policies (2)

Interstate Cooperation on Peace and Security (2)

Rational Management of Resources (1)

Resumption of basic social services, health care and psycho-social support to groups with special needs (3)

Consolidation of Democratic Processes (1)

Infrastructure Development (10)

the special reconstruction and development fund srdf
THE SPECIAL RECONSTRUCTION AND DEVELOPMENT FUND (SRDF)
  • Is the main financing instrument for the implementation of the Projects and Protocols;
  • Has been initiated by the Heads of State and Government in the DD, art. 53;
  • Will be fed by contributions of Member States and international partners;
  • Will be managed and housed by the AfDB.
  • Should get into operation in 2007
regional follow up mechanism
Regional Follow-up Mechanism

Organs

Functions

SUMMITs (every 2 years)

Directs implementation of the PACT; Approves budgetary resources;Assesses progress in implementation;Conflict prevention & crisis management

Troika between Summits

INTERMINISTERIAL COMMITTEE Bi-annual meetings

Executive Organ: Devise strategies and monitor implementation of PACT, consider budgetary and operational adjustments, establish Group of Experts for special reports

Ad-hoc Group of Experts

CONFERENCE SECRETARIAT

Technical arm/ coordinating body (details see extra slide);

Maintain contacts with conference secretariat and ensure participation of other relevant groups (e.g. youth, women, CSO, Private Sector) in the implementation of the PACT

NATIONAL COORDINATION MECHANISMS

the conference secretariat functions
The Conference Secretariat: Functions

The CS is the Technical arm/ coordinating body of the Conference. Its functions are to:

  • Ensure implementation of summit and Ministers decisions;
  • Promotion of Pact, initiating and monitoring the execution of Programs of Action and Protocols;
  • Organizing meetings; reporting; harmonizing cooperation with partners;
  • Drawing up CS programs of activities, budgets and ensuring their implementation
implementation of protocols programs of action and projects
Implementation of protocols, programs of action and projects
  • Mobilization of financial resources;
  • Sensitization process for implementation of the PACT;
  • Ratification of Pact and domestication of protocols;
  • Preparation for program implementation/ up-date of project planning;
  • Finalizing MoUs with implementing institutions;
  • Preparation of monitoring and evaluation methodology.
challenges
Challenges
  • Ensuring ownership of the process by Member States;
  • Securing funding for implementation of the Pact;
  • Assuring added value of the process to the existing initiatives and creating tangible benefits for the people in the region;
  • Desisting from unilateral approaches in regional conflict management;
  • Sustaining dialogue and confidence building among the Member States and partners.
how can partners assist in the implementation of the pact
How can partners assist in the implementation of the PACT ?
  • Advocacy, lobbying for and using the IC/GLR and the PACT as a reference point and legal framework for action;
  • Funding/ promoting individual projects e.g. by utilizing existing bilateral or multilateral mechanisms;
  • Alignment of bilateral and multilateral support to national projects which are segments of IC/GLR regional priority projects;
  • Direct allocations to the Special Fund;
  • Contributing to the continuous involvement of other actors in the process e.g. civil society, women, youth;
specific opportunities arising from ic glr to address forced displacement issues
Specific opportunities arising from IC/GLR to address forced displacement issues
  • Pact constitutes a legal framework for regional and cross-border actions;
  • Innovative elements: 3 Protocols on
  • Protection/ assistance to IDPs;
  • Property rights of returning populations
  • Prevention and suppression of sexual violence against women and children;
  • Development of Model Legislation for the Domestication of these Protocols
slide25

12 DESIGNATED TRANSBORDER DEVELOPMENT AND SECURITY ZONES IN THE FRAMEWORK OF THE ICGLR

5

3

6

4

1

2

10

9

7

11

12

8

the programme of action on humanitarian and social issues
Sub Programme 1:

Disaster preparedness, protection and assistance to IDPs, refugees and the environment

The Projects:

Compliance with Intl; Instruments on HR, humanitarian law, ID-documents to IDPs, refugees and stateless person;

Protection, assistance and search for durable solutions for displaced persons and communities that host them;

Environmental assessment, restoration and rehabilitation of human settlements

Legal framework on issues related to recovery of land and property for returning persons

The Programme of Action on Humanitarian and Social Issues
process conclusions
Process Conclusions
  • Implementing the PACT is a huge challenge, but at the same time a unique chance for the region;
  • Provides important new opportunities for humanitarian and social action for refugees and IDPs;
  • IC/GLR should be a point of reference for any support to action in the region and the respective country programs.
outline of legal presentation
OUTLINE OF LEGAL PRESENTATION
  • Highlights of ICGLR LegalProcess
  • Pact
  • Protocol on IDPs
  • Projects: IDPS & Their Environment
  • Along:
  • Opportunities; Challenges; Remedies
  • Background & Context
background context
BACKGROUND/CONTEXT
  • UNSC Resolution
  • DSM Declaration & Concept
  • 4 Thematic Groups
  • Protocols - Ten…
  • Pact
  • Program/Action
  • Project Documents
legal framework
LEGAL FRAMEWORK
  • Ideally
  • Hierarchical Order/ Related but Indep
  • Treaty/Protocols/et als Implementing …
  • Schedules/Appendices
    • GCs & APs
    • ICCPR & Protocols
    • Constitutive Act & Protocols
    • EAC Treaty & Protocol on the CU
icglr
ICGLR
  • 2004 DD – Political/Treaty?
  • 2006 Protocols (et Progs & Projects)
  • In Implementing DD
  • 2006 Pact
  • Pact Implementing:
  • DD; Protocols; Progs etc
  • These – integral parts of Pact
icglr legal institutions
ICGLR LEGAL INSTITUTIONS
  • Summit
  • Regional Inter-Ministerial Committee
  • ad hoc Group of Experts
  • Conference Secretariat
  • National Coordination Mechanism
pact i
PACT…I
  • Preamble
  • Goal of Process:
  • Durable Peace, Security, Stability, Dev
  • Joint, Coordinated Measures
  • Participatory - CSOs
  • Basis Principles of IL
  • Protection Assistance Displaced
  • Determination translate into Reality
opportunities
…OPPORTUNITIES
  • Recognition inter-linkages
  • Impunity, Conflict, FD
  • Reservations
  • Non-Selectivity in Implementation
  • High Threshold:
    • Amendments
    • Withdrawal
pact ii entry points
PACT… II/Entry Points
  • Ltd re Centres of Power!
  • Besides Preamble
  • National Coord Mechanisms - Art 1, 27
  • Regional Follow-Up Mechanism – Art 1
  • Art 18 Prog Democracy GG
  • Promote political participation…
challenges1
CHALLENGES
  • Hierarchical Link/Pact/Protocols
  • Force of Law within MS
  • Harmonisation re ML
  • Harmonisation et als treaty obligations
  • Entry Points for CSO
  • re: Centres of real power in ICGLR!
  • Applicability to refugees
protocol re pact
PROTOCOL…re Pact
  • Commitment IHL re Displaced
  • Art 12:
    • Undertaking implement GPs
  • Art 20:
    • Implement Prog Action
    • Diverse Causes FM
    • Prevention
    • Errant MS - Summit
protocol i
PROTOCOL… I
  • Present: binding/Institutional/Definition
  • Protocol: definition/legal void
  • Institutional Mech?
  • Experts:
    • Effective monitoring
    • Institutional machinery
    • At all Phases
  • nb: AU model
protocol ii
PROTOCOL… II
  • Clear obligation adopt/Impl GPs
  • Domesticate GPs
  • ML:
  • Definition
  • Regulate Development Induced …
  • Identify Govt Agencies with Responsibility
  • nb: wide participation incld CSO/Pax!
projects
PROJECTS…
  • Humanitarian & Social Issue Theme
  • Prog: ‘Disaster Prep Prot & Asst to IDPs’
  • Projects
  • Property Rights Returnees
  • Rehab of Camps & RHAs