SGTM 8: Human Rights in Peacekeeping

1. SGTM 8: Human Rights in Peacekeeping

2. Structure of Presentation • Human rights and conflict • Definition of human rights • Legal basis for human rights • Examples of human rights • International humanitarian law • Human rights violations • Applying human rights in peace operations • “Scenario on the Use of Force and Firearms”

3. Protecting human rights and preventing violations is important to • Protect host country population • Build confidence and defuse tensions • Prevent future conflicts • Increase the effectiveness of peace operations

4. Human rights • Are legal entitlements • Protect both individuals and groups • Uphold respect for human dignity • Are modern norms but an ancient principle

5. Human rights are: • Universal • Internationally guaranteed • Legally protected • Protect individuals and groups • Cannot be taken away • Equal and indivisible • Oblige States and State actors

6. United Nations Charter (1945) • Promotion of and respect for human rights for all is a purpose of the Organization • Establishes legal obligations for Member States to take action to achieve respect for human rights

7. Treaties, conventions, covenants, declarations • Define human rights • Specify obligations of States • Create mechanisms to implement and monitor

8. International Bill of Human Rights • Universal Declaration of Human Rights (1948) • International Covenant on Civil and Political Rights • International Covenant on Economic, Social and Cultural Rights

9. Civil and political rights(right to life, liberty, equality before the law, freedom of thought and religion) • Economic, social and cultural rights (right to food, housing, education)

10. Human rights treaties on • Elimination of racial discrimination • Elimination of discrimination against women • Prohibition of torture and other cruel, inhuman or degrading treatment or punishment • Rights of the child • Rights of migrant workers

11. Human rights and countries hosting peace operations • Are obligated to protect human rights • Often party to specific human rights treaties and have accepted obligations • Peace agreements usually incorporate human rights obligations for the Parties

12. The human right to • Life • Freedom from torture and cruel, inhuman or degrading treatment or punishment • Not be held in slavery • Freedom of thought, conscience and religion

13. The human right to • Fair trial • Freedom from arbitraryarrest, detention • Freedom of movement • Privacy

14. The human right to • Housing • Freedom of expression • Education • Peaceful assembly,association

15. Some rights may be limited, but only when • Specified in human rights treaties • Determined by law • Rights of others or the general public must be protected • Proportional to the objectives pursued

16. Derogations • Some rights may be derogated, temporarily suspended, under very strict and specific conditions, in situations of emergency

17. International humanitarian law • Regulates the conduct ofhostilities • Protects civilian population,victims of conflicts andnon-combatants

18. International humanitarian law • Applies in all situations of armed conflict • Safeguards principles of humanity in all situations • Respects and protects non-combatants, wounded, sick, shipwrecked, prisoners and civilians

19. International humanitarian law, key principles • Assist and care for all persons suffering from the effects of conflict without discrimination • Ensure their access at all times to a protecting Power or an impartial humanitarian organization

20. Prohibited in all circumstances are • Murder • Torture • Corporal punishment • Mutilation • Outrages on personal dignity • Hostage-taking • Collective punishment • Executions without regular trial • Cruel and degrading treatment

21. Prohibited in all circumstances are reprisals against • The wounded, sick and shipwrecked • Medical personnel and services • Prisoners of war • Civilians • Civilian and cultural objects • Natural environment

22. Human rights violations • Summary executions • Torture • Arbitrary arrest, detention • Discrimination • Violence against women • Genocide • War crimes

23. Crimes against humanity • Murder • Extermination • Enslavement • Torture • Deportation, forcible transfer • Rape, sexual slavery, enforced prostitution or sterilization, forced pregnancy • Imprisonment, other deprivation of physical liberty • Persecution of any group • Enforced disappearance • Apartheid

24. Groups requiring special attention • Women • Children • Old people • Refugees • IDPs • Persons with disabilities

25. Human rights in peacekeeping • Human rights as a common standard of conduct and achievement • Peace operations must be conducted with full respect for principles, norms, spirit of human rights conventions • United Nations personnel and hostGovernment must respect human rights principles and norms

26. Human rights components: • Monitor and investigate human rights violations • Report on violations • Conduct advocacy and interventions • Human rights capacity-building • Engage with humanitarian and development partners • Support peace process and transitional justice • Conduct in-mission training and sensitization on human rights issues • Provide technical assistance and advice to other components

27. Human rights roles in peace operations • Human rights units/components • Military peacekeepers • UN police • Other civilian components/units

28. Human rights roles for military • Protection of civilian population • Wide operational presence, detailed knowledge of area, movements • Monitoring and reporting of violations • Deterrent effect through visible presence • Armed capacity to stop abuses • Positive example through their conduct

29. United Nations police roles • Monitoring and mentoring national police • Training and advising new national police forces • Investigating and reporting • Law enforcement

30. Civilian components with human rights roles • Civil affairs • Electoral assistance • DDR • Public information

31. If human rights violations are observed • Note the facts • Take action in accordance with mandate, functions and situation • Immediately report the violations • Coordination with human rights components • Follow the situation

32. When using force • First try non-violent means • Use force only if necessary to pursue lawful objectives • Use only minimum force needed • Always apply force in proportion to objectives • Exercise restraint and minimize damage and injury • Provide medical aid to the injured

33. In summary • Be familiar with human rights concepts • Understanding human rights is necessary to performing your functions effectively • Respect human rights at all times • Protecting and respecting human rights helps maintain credibility and legitimacy of United Nations

34. Peacekeeper’s Motto • “Be visibly present on the ground with the attitude and determination to deter abuses of human rights”