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Protecting Civilians in Peacekeeping Operations: UN and Regional Organizations

This presentation discusses the regulatory framework, Geneva Convention, IHL, UN Security Council mandates, the role of the United Nations and regional organizations, and challenges in protecting civilians during peacekeeping operations.

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Protecting Civilians in Peacekeeping Operations: UN and Regional Organizations

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  1. THE PROTECTION OF CIVILIANS DURING PEACE-KEEPING OPERATIONS BY THE UNITED NATIONS AND REGIONAL ORGANISATIONS Presentation to the JSCD 24 October 2008 Peter Daniels Research Unit Parliament of the RSA

  2. Scope • Introduction • Regulatory framework • Geneva Convention • International Committee of the Red Cross • Law of Armed Conflict aka IHL • UN Security Council Mandates • The United Nations • Peace Support Operations • Scope • Categories • Developments and types of intervention

  3. Scope (cont) • Regional Organisations • South Africa • Peacekeeping Mechanisms employed by South Africa • South Africa’s contribution • Protection of civilians during PSO’s • Focus on Civilian protection • The Responsibility to Protect • Challenges for protecting civilians during PSO’s • Challenges facing the UN • Challenges facing Peacekeepers' ability to protect civilians • Conclusion

  4. Introduction • Background to protection of civilians during PSO’s • Brought to for in Rwandan genocide conflict in Sierra Leone and Sudan • This despite UN protocols such as Geneva Convention • Protection of civilians –responsibility of state • Civilian agencies involved – NGO’s, local authorities, donor community • State unwilling – sovereignty yields to responsibility to protect by international actors • UN definition on Protection of Civilians • All activities to ensure full respect for rights of individual ito IHL

  5. Regulatory framework for POC Internationally – rules by which to engage in war and armed conflict • Geneva Convention (GC) • founded on idea for respect for individual and his/her dignity • Breaches include wilful torture, taking hostages, extensive destruction of property • International Committee of the Red Cross • Mission based on Geneva Convention to protect and assist victims of armed conflict • Seven principles: humanity, impartiality, neutrality, independence, voluntary service, unity and universality

  6. Regulatory framework for POC • Law of Armed Conflict aka IHL • Framework to guide soldiers and peacekeepers • Outlines rights and responsibilities ito International Law • Purpose the protection of both combatants and non-combatants • From unnecessary suffering, safeguarding their rights etc • UN Security Council Mandates • Number of cross cutting thematic tasks assigned to UN PSO’s • Relevant resolutions are those on women, peace and security; children and armed conflict; and protection of civilians in armed conflict

  7. The United Nations • World body responsible for promoting global peace and security • Most PSO’s directed and controlled by UN • Framework and basis for PSO’s – UN Charter • Designates UNSC as UN organ to deal with issues of global peace and security • UNSC institute and mandate PSO’s • Article 43 – member states to make armed forces available if called to • PSO’s planned by DPKO • Regional organisations taking greater responsibility for PSO’s

  8. Peace Support Operations Scope • Currently 7 PSO’s on continent • Since 1948, 63 PSO’s • 130 nations contributed peacekeepers • PSO’s are paid for by all member states of UN according to formula Categories • Chapter VI – peaceful settlement of disputes • Chapter VII – collective security measures (sanctions and military actions • Chapter VI and a half - short of full combat and peace enforcement

  9. Peace Support Operations (cont) Developments and types of intervention • Traditionally - war >ceasefire> outside monitors> light armed forces between parties> buffer zone > settlement • Contemporary - becoming complex • Deployed inter and intra state conflicts • PSO’s in every phase: prevention to post war reconstruction • Dependent on close co-operation between civilian, police and military organisations

  10. Peace Support Operations (cont) • Type of intervention range from: • Observer missions • Traditional PK with consent warring parties • Preventative PK – before an attack takes place • Supervising a ceasefire between irregular forces • Assistance with maintenance of law and order • Protecting humanitarian and development initiatives • Peace enforcement missions

  11. Regional organisations • UN Charter recognises role of regional and subregional organisations • Viewed as first level of intervention mechanisms to any regional conflict • UN lacks capacity, resources and expertise to address all problems that may arise • Regional organisations can conduct PSO’s in partnership with UN

  12. Regional organisations (cont) • Regional organisations include • Organisation for Security and Co-operation in Europe (OSCE) • North Atlantic Treaty Organisation (NATO) • Organisation of American States (OAS) • Caribbean Community (CARICOM) • Continental Organisations include: • African Union (AU) • Economic Community of West African States (ECOWAS) [west] • Southern African Development Community (SADC) [south] • Arab Maghreb Union (AMU) [north] • Inter-governmental Development Authority (IGAD) [east] • Economic Community of Central African States (ECCAS) [central Africa]

  13. Regional organisations (cont) • African Union (AU) • Can intervene iro grave circumstances namely war crimes, genocide and crimes against humanity • ECOWAS • Best known - recognition – massive PK efforts in Liberia and Sierra Leone • Southern African Development Community (SADC) • Protocol on politics, defence and security co-operation • Strive for climate of peace, security and stability in region • Recognise role of regional arrangements • Charter forbids use of force without approval of UNSC

  14. South Africa Peacekeeping Mechanisms • SA parliament role securing approval for participation in PSO’s • Authorise finances • Will not participate if in conflict SA values • SA normally reimbursed for troop contingents, equipment and other personnel to UN missions • Constitution, Interim Constitution and Defence Act provide for deployment of SANDF • President to inform Parliament • WP on SA Participation in Peace Missions 1999 framework for peace missions

  15. South Africa (cont) South Africa’s contribution (2006/2007) • DOD Annual Report • 15 PSO’s • 1215 DRC • 1319 Burundi in Ops Fibre • 371 Comoros • 334 Sudan • 1110 in Ops Curriculum in Burundi • Others include those in Mozambique, West Indies, Nepal, Uganda, Zambia and the CAR

  16. South Africa (cont) Annual Report 2007/2008 • +- 2500 including Reserves employed in 6 PSO’s and 6 general military assistance operations • Involved in hybrid UN/AU Mission in Sudan • Military observers in Uganda • Contributed to post-conflict reconstruction in DRC • Assisted wit training and post-conflict reconstruction in CAR • Humanitarian assistance to Mozambique

  17. Protection of civilians during PSO’s • Views of local communities – should be made aware of mandate and role of PSO • PSO’s operate ito agreements such as SOFA and UN code of conduct and Peacekeepers Handbook • Discipline peacekeepers important – trust • Misconduct and poor discipline – damage image • Intervention by outsider in internal conflict always problematic • Need to be sanctioned and approved by at least one party and the UN • Goal of protecting civilians often elusive • Example of DRC illustrates POC often a complicated process

  18. Focus on civilians protection • Anan 1999 Report disturbing picture of modern conflicts : 90% of casualties are civilians • Essential that any UN-wide policy emphasises need for a civilian protection focus • Often focus on military of demobilising and disarming with little attention to reintegration • UN members should ensure re-integration of former combatants back into society • This holistic approach more sustainable than quick-fix solutions that are often sought

  19. The Responsibility to Protect (RTP) • Core tenet: sovereignty entails responsibility • UN endorse this and maintain this responsibility is first and foremost held by national authorities • RTP describes duty of governments to prevent and end acts of violence against its citizens • International community has responsibility to protect against genocide, massive human rights abuses and other humanitarian crises • If states fail to protect citizens, international community shares a collective responsibility to protect • Should try and be peaceful, but if need be, coercive including forceful steps

  20. The Responsibility to Protect (cont) • RTP also means no state can hide behind concept of sovereignty where citizens are at risk • Can also not turn blind eye when it extends beyond borders • RTP embraces 3 particular responsibilities: • Responsibility to prevent – address causes • Responsibility to react – respond to serious situations and may include military intervention • Responsibility to rebuild – to provide especially after military intervention full assistance with recovery, reconstruction etc • RTP thus not only about military or coercive means but about cooperation in especially in political sphere

  21. Challenges for protecting civilians during PSO’s Challenges facing the UN • UN Charter forbids use of force without UNSC approval • Administrative and budgetary constraints • Political will and commitment • Uneven performance • Unrepresentative membership

  22. Challenges for protectingcivilians during PSO’s Challenges facing Regional organisations • Non-reaction often due to lack of capacity • Pledge to protect civilians but often unable or unwilling to uphold or implement such guarantees • In W-African context – perpetrators sometimes rewarded with access to political power • Required: responsibility to protect civilians should be respected by both state and non-state actors

  23. Challenges for protecting civilians during PSO’s Challenges facing Regional organisations (cont) • Budgetary constraints • Lack of administrative capacity • Political diversity – systems, ideologies etc • Reactive capability rather proactive • Unclear structural and political relationship • Weak command and control, logistics and support capacities as well as limited troop interoperability and integrated mission planning • Poor in-house information and intelligence analysis (early warning centres) capacity, and • Weak communication capacity

  24. Challenges for protecting civilians during PSO’s Challenges facing peacekeepers’ ability to protect civilians • Ability to identify legitimate civilians from those who support rebel groups • Little guidance how to accomplish “civilian protection” • Unclear authority to act • Lack of contributors • Lack of sufficient capacity to act • Lack of operational guidance & military preparation

  25. Conclusion • Protection of civilians during PSO’s complex issue • Reality is that it failed thousands of civilians • PSO’s has as end state – protection of civilians and creation of an environment that respects rights and freedoms • Several challenges that need to be confronted - capacity political will and commitment

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