Category Archives: Informal Interactive Dialogue

#R2P10: Reflections on the Responsibility to Protect at 10, Part 2: Unfinished Institutional Work

The following is the second part of Dr. Alex Bellamy’s introduction to the new RtoP at 10 blog series. Part 1 provided a general overview of RtoP 10 years since its adoption at the World Summit, as well as an in -depth analysis of the conceptual issues still facing the norm. Part 2 takes a look at  RtoP’s institutionalization at the UN , regional organizations, and the state level. Continue reading for more information on this important aspect of RtoP’s normative journey.

 

Unfinished Institutional Work at the United Nations

After a somewhat laconic start, the institutional development of RtoP gathered pace after the UN Secretary-General’s first report on the subject, outlining his plan for implementation in 2009. Within the UN, there is now a Special Adviser to the Secretary-General on RtoP and a “joint office” covering RtoP and genocide prevention. The Secretary-General has issued six thematic reports on different aspects of the principle’s implementation and these have been debated by the General Assembly through a series of “informal and interactive dialogues”, in which around 150 states have participated (see all thematic reports here). The mainstreaming of RtoP through the UN system is being gradually achieved through initiatives such as the Secretary-General’s “Human Rights Up Front” Action Plan, which aims to place human rights protection at the center of the organization’s work, the proliferation of peacekeeping missions mandated to protect civilians in regions afflicted by atrocities, and the instigation of “due diligence” policies, which aim to limit cooperation between the UN and those accused of atrocity crimes or other violations.

General Assembly: Informal interactive dialogue on the report of the Secretary-General on the responsibility to protect

Secretary-General Ban Ki-moon delivers his remarks at the Informal Interactive Dialogue on RtoP in September, 2014. UN Photo/Devra Berkowitz.

Much of this institutional progress was achieved by the personal commitment of UN Secretary-General Ban Ki-moon and the astute work of his Special Advisers, Edward Luck and Jennifer Welsh. An important priority for the next decade is to create a more secure institutional home for RtoP within the UN system. This is especially important now because the senior leadership of both the UN and the US will change in the next 18 months.

In the immediate term, the UN General Assembly could place RtoP on a surer institutional footing by placing the principle’s implementation onto its formal agenda, recognizing the Secretary-General’s work on advancing a strategy for RtoP, and supporting the UN’s joint office on genocide prevention and RtoP.  Coming 10 years after the Assembly’s commitment to RtoP, these relatively modest steps, which could be achieved in a General Assembly resolution, would reaffirm its commitment, help the Assembly “catch-up” with the UN Security Council (which has proceeded apace with implementing RtoP), send a strong signal of intent to candidates for the position of UN Secretary-General, and afford the General Assembly a more direct role in reviewing and overseeing the principle’s implementation. In the longer term, a General Assembly resolution would be catalytic for further implementation by deepening the engagement of Member States, raising the stakes of their annual consideration of the principle, and opening opportunities for deliberation about the practical measures needed to make the protection of populations from genocide, war crimes, ethnic cleansing and crimes against humanity a “lived reality” and agreement on tangible policies and steps.

There is also more work to be done to “mainstream” RtoP across the UN system. Although the Secretary-General specifically called for “mainstreaming” in his 2009 report, thus far the organization has stopped short of developing explicit policies or strategies to achieve this goal, preferring instead the gradual dissemination of RtoP principles through allied projects such as “Human Rights Up Front”, partnerships between the joint office and other UN departments and organizations, and the provision of advice by the special advisers to the UN’s senior leadership. All this has helped improve the UN Secretariat’s capacity to detect the early signs of atrocity crime risk and develop appropriate responses, utilizing its capacities for fact-finding, public messaging, diplomacy, human rights promotion, and humanitarian assistance that do not require case-by-case approval by its political organs.

The Secretariat’s response to the unfolding crisis in the CAR provides a case in point inasmuch as the risk of atrocity crimes was identified and communicated early, though there were still concerns that appropriate humanitarian, political and military responses were slow to materialize. Other times, atrocity prevention concerns have struggled to find the prominence they deserve when atrocities are imminent. It is still not uncommon for these concerns to be overridden by political imperatives or other priorities such as humanitarian access.

An additional problem is that, whilst its links to human rights, preventive diplomacy, and refugee protection, are quite well understood within the UN system, the institutional relationship between RtoP and other key UN agendas such as peacebuilding, women, peace and security, the protection of civilians, the rule of law, and economic development, remains underdeveloped. For example, whilst widespread and systematic sexual and gender based violence constitutes a crime against humanity, functional cooperation between the UN’s Special Adviser on RtoP and Special Representative on the Prevention of Sexual Violence remains limited and ad hoc. Likewise, although there is a clear empirical connection between the risk of future atrocities and a recent history of past atrocities, there is only a modest degree of functional cooperation between the UN’s RtoP officials and those that work on peacebuilding. As such, whilst significant improvements have been made, the UN system is still not doing all that it could to use its

Moroccan peacekeepers patrol Bambari, CAR. UN Photo/Catianne Tijerina.

Moroccan peacekeepers patrol Bambari, CAR. UN Photo/Catianne Tijerina.

existing capital to advance the goals of RtoP.

One way of addressing these challenges would be to augment the organic processes already under way within the UN system with clear guidance from the Secretary-General detailing a comprehensive strategy for the prevention of genocide, war crimes, ethnic cleansing and crimes against humanity and instructing the UN system on how to mainstream RtoP. The Secretary-General could also usefully set benchmarks for implementation and review progress.

 

Unfinished Institutional Work at the Regional Level

Although it is natural to focus on the UN, since it provided the context for the international community’s commitment to RtoP in 2005, it is important that we avoid an entirely UN-centric view of how the principle should be implemented. Practically speaking, the international community is at its most effective when different actors, such as the UN, regional organizations, neighboring states, and prominent individuals, support each other. The UN cannot solve all the world’s problems by itself, and was not established to do so.

Outside the UN, the institutionalization of RtoP has been patchier, perhaps befitting the significant differences between regions. The African Union has developed an impressive range of institutions and mechanisms designed to facilitate decisive responses to emerging protection crises. Guided by Article 4(h) of its Constitutive Act, which affords the Union a right to interfere in its members’ affairs in the event of a genocide or other mass atrocities, the African Union has developed a Peace and Security Council, a Continental Early Warning System, a capacity for peacemaking and mediation, and capacities for peacekeeping with the aspiration of establishing a standing peacekeeping force in the future.  Africa’s challenge is not one of building the institutions needed to deliver on RtoP, but of ensuring that the institutions it has are capable of fulfilling their promise.

Elsewhere, Latin America has developed a strong track record when it comes to the regional promotion of human rights and has also established a network of governments committed to strengthening their capacity to prevent genocide. Things are more nascent in East Asia, but there are signs here too that governments and regional organizations are beginning to think about how to achieve RtoP’s goals in their own neighborhood. The challenge in Europe is somewhat different: whilst individual states are keen advocates of RtoP, the region’s highly developed institutions have not as yet advanced their own strategies for implementing the principle, preferring instead to support protection goals and atrocity prevention through existing programming.

With so much variation, there can be no “one size fits all” way of thinking about the role played by regional arrangements in institutionalizing RtoP. Indeed, it is the very fact that they are grounded in the values, norms and interests of the regions they inhabit that make regional organizations so significant. In the coming decade, we should pay more attention to the ways in which regional organizations can support the goals of RtoP, mindful of the different entry-points they provide. We should also pay attention to deepening the partnership between regions and the UN, by building the “anticipatory relationships” and habits of cooperation that are so often needed to prevent, or respond effectively to, genocide and mass atrocities.

 

Unfinished Institutional Work at the State Level

Ultimately, of course, the basic building block for institutionalization is the individual state. There are a number of measures that

The third annual global focal points meeting in Accra, Ghana, convened by the Global Centre for the Responsibility to Protect, which acts as the network Secretariat. Photo courtesy of GCR2P.

The third annual global focal points meeting in Accra, Ghana, convened by the Global Centre for the Responsibility to Protect (GCR2P). The Global Centre acts as a Secretariat for the network. Photo courtesy of GCR2P.

states can take to better deliver on the commitment they made in 2005.  These include the designation of a responsibility to protect focal point. These focal points can help to coordinate national efforts to mainstream and operationalize the responsibility to protect concept, which can spur the establishment of national atrocity prevention action plans tailored to the national context. Some 43 states from every region of the world have already taken this step, with several states such as Ghana and Tanzania establishing their own “National Peace Councils” to support atrocity prevention at home.

As with any national initiative, each state has approached this function from its own perspective and many different models have been developed in different countries. Focal points participate in a global network, which advances dialogue and cooperation on the full range of issues relating RtoP. The principal tasks of the national focal point are to coordinate national efforts to protect populations from genocide and mass atrocities and lead national engagement in regional and global dialogue. One key task for the next decade of RtoP is to broaden the membership of the Focal Points network and deepen their involvement in the practical work of atrocities prevention and response.

But focal points are only one manifestation of a state’s commitment to implementing RtoP. Equally important is the need to forge national constituencies of governments, officials, parliamentarians, civil society groups and individuals who work together, using their own unique skills, to develop authentic national approaches to fulfilling RtoP. Many counties, including Ghana and Kenya in Africa and Indonesia and The Philippines in Southeast Asia have already begun to build their own national constituencies for RtoP.

This brings us to the most glaring piece of unfinished work – the challenge of delivering on the ground.

Check back tomorrow for ‘Part 3: Unfinished Operational Work’ to get Dr. Bellamy’s take on pressing issues regarding the operationalization of the norm for the prevention, and if necessary, halting of ongoing atrocity crimes. If you missed Part 1 of the introduction, be sure to read it here.

Advertisements

3 Comments

Filed under African Union, General Assembly, Guest Post, Informal Interactive Dialogue, Regional Orgs, RtoP, Security Council, UN

Leadership for “Our Common Humanity”: Why RtoP Advocates Should Support a Better Selection Process for the UNSG

The following is a co-authored blog written by Matthew Redding, ICRtoP Blog and Social Media Coordinator, and Alexandra Maresca, Program Associate at the World Federalist Movement-Institute for Global Policy (WFM-IGP). WFM-IGP is a Steering Committee member of the 1 for 7 Billion Campaign launched in November 2014 to reform the outdated process of selecting the United Nations Secretary-General.  Read on to discover why supporting this campaign is in the best of interest of RtoP advocates and all those committed to the prevention of genocide and mass atrocities. 

 

From the earliest stages of inception, the role of the UN’s Secretary-General (UNSG) in formulating and advancing what would become known as the Responsibility to Protect (RtoP) was crucial. It was former Secretary-General Kofi Annan who set in motion a momentous process of redefining sovereignty to include a responsibility to protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing when he asked:

“… if humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica – to gross and systematic violations of human rights that affect every precept of our common humanity?”

GA am

UNSG Kofi Annan addressing the 2005 World Summit. UN Photo/Paulo Filgueiras

At Annan’s request, the historic International Commission on Intervention and State Sovereignty (ICISS) was formed in 2001 to debate this matter, and RtoP subsequently emerged as the answer to this quandary. Annan used the moral authority and legitimacy of the Secretary-General’s position to champion the norm and ensure it became a serious consideration among UN member states. His report In Larger Freedom: Towards Development, Security and Human Rights for All confirmed his support and presented RtoP for adoption by the UN General Assembly at the World Summit in 2005.

It is now well known that 150 member states endorsed RtoP in paragraphs 138-139 of the World Summit Outcome Document, formally recognizing that sovereignty indeed entails an obligation to protect populations from the worst atrocity crimes. However, it soon became clear that certain states, including some permanent and non-permanent members of the Security Council, began to feel what Gareth Evans described as “buyer’s remorse” over lingering concerns about the potential for its abuse.

Enter Ban Ki-moon, who made no secret of his intention to make RtoP a priority during his tenure. Famously referring to RtoP as “…an idea whose time has come,”  and stating that he would “…spare no effort to operationalize the responsibility to protect,” the new Secretary-General made significant progress in clarifying misconceptions and focusing the norm, including by articulating the three-pillar approach in his 2009 report Implementing the Responsibility to Protect.

These efforts were greatly assisted by his newly created Special Advisor on the Responsibility to Protect – a position filled by Edward Luck, who played a distinct but complementary role to the existing Special Advisor on the Prevention of Genocide, Francis Deng. Ban has since released annual reports on a thematic issue related to RtoP every year, eliciting important contributions from civil society actors, and used the informal interactive dialogues at the General Assembly to openly discuss the documents.

Aside from broadening normative consensus through rhetorical commitments and raising awareness within the UN system, both Secretaries-General have also played a critical role in implementing RtoP. For example, they have made use of their good offices to mediate crises that had the potential to escalate to mass atrocities, either personally or through their Special Representatives, in Kenya, Guinea and Kyrgyzstan, and have spurred member states to take action to halt imminent or ongoing crimes in Libya, Cote d’Ivoire and the Central African Republic. Ban Ki-moon has taken further steps to deliver on his commitment to “promise less and deliver more” through new initiatives such as the “Rights Up Front” action plan and the launch of the Framework of Analysis for the Prevention of Atrocity Crimes.

General Assembly: Informal interactive dialogue on the report of the Secretary-General on the responsibility to protect

Ban Ki-moon providing remarks at the Informal Interactive General Assembly Dialogue on RtoP in September, 2014. UN Photo/Devra Berkowitz.

Given the significance of having a Secretary-General that is a firm ally of the norm, it is now more important than ever that Ban Ki-moon’s replacement is equally supportive. Ten years after RtoP’s adoption, civil society advocates and supportive UN member states are pushing for a tangible shift from words towards deeds. Initiatives aimed at removing challenges to the norm’s implementation and expanding the global consensus around the prevention of genocide and mass atrocities will require the next Secretary-General’s steadfast support and unwavering commitment to this core UN responsibility.

 

An Outdated Selection Process in Need of Reform

Unfortunately, the current process for selecting the Secretary-General leaves much to be desired in regards to choosing a candidate most qualified to see this vision through. The UN Charter states that the General Assembly appoints the Secretary-General upon the recommendation of the Security Council.  In practice, however, the Council’s permanent members have had the final say in who gets appointed to the post.  The veto power of each of the permanent five members, coupled with a 1946 resolution requesting that the Council recommend only one candidate for Secretary-General, has turned the General Assembly into a rubber stamp for the Security Council’s decision.

Because there is no public shortlist of candidates and no set timeline for the process, member states and other stakeholders struggle to identify which candidates are being considered by the Council at any given time. Worse, with no formal selection criteria for the position and no opportunity for member states or the general public to interact with candidates, it is all but impossible to assess the Council’s chosen candidate and his or her commitment to RtoP and other international norms, as well as their continued willingness to work with civil society for advancement.

The shortcomings of the current process are an open secret, and dissatisfaction with the status quo has only grown over time.  Sir Brian Urquhart, a respected UN expert who worked for the organization for forty years, offered a set of proposals for reform as early as in 1990. The General Assembly first suggested improvements to the process in a resolution passed in 1997, and the UN General Assembly’s Ad Hoc Working Group (AHWG) on the Revitalization of the General Assembly has adopted a resolution on the issue by consensus every year since 2008. Yet the failure to implement these resolutions, as well as the reluctance of Security Council members to make the process more transparent, has left the selection process adopted seventy years ago largely intact.

 

1 for 7 Billion: A Growing Movement for Change

While the international community has been lucky enough to have two successive Secretaries-General that showed strong leadership on RtoP, this luck may run out, and the result could be a major setback for the norm. The 1 for 7 Billion Campaign, however, has shown that there are those unwilling to leave such an important outcome to the mercy of luck and power politics.

1for7Billion

The ‘1 for 7 Billion’ Campaign.

Launched in November 2014, 1 for 7 Billion is a group of more than fifty NGOs and concerned individuals around the world, which calls for the adoption of a more open, inclusive, and merit-based process before the next Secretary-General is chosen in 2016. Rather than endorse individual candidates, the campaign argues that a strong process will produce a strong Secretary-General.

Its supporters believe the process should be rooted in seven common-sense principles, such as transparency, inclusiveness, and a focus on appointing the most qualified candidate.  Based on these principles, the campaign suggests ten reforms designed to make these ideals a reality.   Public hearings with candidates, for example, would make it possible for all stakeholders—including member states, civil society, and the general public— to assess the values and priorities of prospective candidates.  Formal selection criteria would help to identify candidates with the skills and experience needed to implement the UN’s complex agenda.  More controversially, 1 for 7 Billion suggests that the Council recommend more than one candidate to the General Assembly for it to debate, allowing all member states to weigh in on the next Secretary-General.  Significantly, none of these proposals would require an amendment to the UN Charter.  Some, including the recommendation of more than one candidate by the Security Council, have even been advanced by Kofi Annan himself.

As the Ad Hoc Working Group’s debates begin this week, it is important to remember that the UN does not just represent the interests of states.  It also has a responsibility to individuals, to “We the Peoples of the United Nations”.  With the 70th anniversary of the UN converging with the 10th anniversary of the World Summit Outcome, it is time for a selection process that reflects the values and concerns of everyone represented by the UN – not least populations who continue to suffer the tragic effects of mass atrocity crimes.

Leave a comment

Filed under General Assembly, Guest Post, Informal Interactive Dialogue, Security Council, UN

Civil Society Reflections on the Sixth General Assembly Dialogue on RtoP

On September 8, 2014, the UN General Assembly held its 6th annual informal, interactive dialogue on the Responsibility to Protect and the thematic issue of Pillar II international assistance. The following day, the ICRtoP Steering Committee also met for its annual meeting. Blog and Social Media Coordinator Matthew Redding sat down with some of our Steering Committee members, including Alex Bellamy, Executive Director of the Asia Pacific Centre for the Responsibility to Protect (APCR2P), Donald Deya, Chief Executive Officer of the Pan-African Lawyer’s Union (PALU) and current Chair of the ICRtoP Steering Committee, and William Pace, Executive Director of the World Federalist Movement- Institute for Global Policy (WFM-IGP) to get their unique perspectives on the General Assembly dialogue.

 

Regional Voices

In the wake of the dialogue, the ICRtoP was fortunate enough to obtain reflections on common themes and key statements from Steering Committee members representing diverse regions of the globe. With APCR2P’s focus on promoting RtoP in the ASEAN region through initiatives such as the High Level Advisory Panel on the Responsibility to Protect in Southeast Asia, Alex Bellamy highlighted some developments seen from these member states. 20140908_162219

 “We’ve definitely seen stronger participation. In past years, we’ve had a difficult time persuading member states to participate. ASEAN states usually haven’t been forthcoming and now they’re expressing their views. This year we had 5 of 10, which is I think the highest number we’ve had. Of those, Indonesia, Philippines, and Thailand were incredibly strong. They were as strong a supporter of RtoP as any European or any other proponent of RtoP would be.

In regards to Indonesia, Bellamy noted their reaffirmation that “…they’ve always been supportive of RtoP, that they’re a champion of it, and that they are firmly committed to it.”  On Thailand’s statement, he drew particular attention to the mention of “…the empowerment of women and the importance of gender perspective,” while enthusiastically recalling that “The Philippines also had a strong endorsement of RtoP and expressed their desire to move the agenda forward towards implementation.”

On a less positive note, Bellamy referred to Malaysia’s statement, which showed that “Malaysia is cautious, it’s always been cautious. It’s concerned about things like conditionality, its concerned when it sees what it perceives as attempts to expand the concept. There was no movement in what Malaysia said this year from last year and the year before that…so we need to spend more time engaging with Malaysia.”

However, this was tempered with a reminder of the importance of Myanmar’s participation, “Myanmar was the 5th to contribute and I think it’s a really good sign. The following day, their legal advisor attended the launch of the High-Level Report on Mainstreaming RtoP in Southeast Asia and said that this [RtoP] was now customary international law. So Myanmar accepts the principle, but of course, there are all sorts of issues regarding their political transition – specifically in relation to the Rohingya situation, where there is deeply embedded discrimination against that group…It’s really encouraging that Myanmar is participating and it just shows how well embedded RtoP is becoming. It’s not surprising that they’re cautious, but it reminds that we still need to engage them more.”

Representing an organization that works closely with the African Union on legal and human rights issues, Donald Deya of PALU expressed somewhat mixed views on the African participation in this year’s dialogue.

Deya recalled that “In previous years the African Union Mission to the United Nations has made a statement, so I was disappointed to see that this year they did not.” Deya compared the absent AU presence with the strong European Union statement he believed the AU should have also delivered, given the large number of RtoP cases located on the African continent.

9c07b580-0c4a-4636-897d-3a86c606dad0

Secretary-General Ban Ki-moon delivering his remarks at the opening of the GA dialogue.

He also added that he would have liked to see more statements from African countries in general, particularly from Kenya “…which is one of the areas in which the international community’s RtoP intervention has been successful.”

However, Deya was sure to mention that he was happy with the few African countries that did make statements. For example, when recalling Cote d’Ivoire’s  comments, he asserted that it was “…very useful, and of course their acknowledgement that assistance has been important from the international community in terms of pillar I and pillar II was also welcomed.”

 

RtoP Implementation at the UN

An important aspect of RtoP’s evolution is how it is prioritized and applied by the major organs of the UN, in particular the Security Council and the General Assembly. Speaking on behalf of the WFM-IGP – an organization that works tirelessly to improve the effectiveness of these bodies to ensure they better serve the world’s peoples – Bill Pace reflected on RtoP’s development at this level:

 “I am optimistic from the GA [General Assembly] meeting that governments are taking RtoP more seriously every year. This includes the Security Council, in spite some of the controversies over misuse, selective application, or inappropriate enforcement.”

Pace noted that there is certainly room for improvement given these controversies, and added that:

“Over the next decade, I hope the democracies of the UN system will continue to press the permanent and elected members of the Security Council to do peace enforcement and peacekeeping on a much more efficient, and non-selective level. In that regard the permanent members of the Security Council must be pressured to refrain from using the veto in situations where mass atrocity crimes under international law are being committed.” Encouragingly, the dialogue provided Pace with some hope, as he stated, “I am personally optimistic that the General Assembly and the Security Council are moving in that direction.”

 Importantly, he provided a reminder that next year will be the 10th anniversary of the 2005 World Summit and mentioned that, “The assessment we will be doing at the UN and within the GA may result in RtoP moving from an informal dialogue into a more formal agenda item that may be discussed and have a resolution every year.” He added that the Coalition would be actively involved in efforts to strengthen RtoP within the General Assembly.

 

General Reflections

Each interview concluded with some general thoughts on the dialogue, including some stand-out statements, and speculation on what the event means for RtoP moving forward. Bellamy singled out Iran as a surprisingly “fantastic” statement, noting that:

Iran has contributed before and has always been broadly supportive, though cautious. The positive thing about Iran’s statement is that there was no caution at all. This might be because of the subject matter and that international assistance is less controversial than pillar III and pillar I, but I think it’s also a sign that the consensus on RtoP is getting more deeply embedded.”

Bellamy also reflected on the evolving consensus and deepening shared understanding of what RtoP is, “A couple of missions talked about sequencing, but not very many and certainly much fewer than the year before. Also, nobody was disputing what RtoP is, what the three pillars are, what crimes it related to, or what the development mechanisms are.”

Bellamy ended with a couple of positive observations, concluding that “…now the debate really is shifting to this question of implementation, or what to do in practice, and not what the principle is and whether or not the Assembly is committed. Even Cuba and Venezuela have toned it down in terms of their comments, and I think this shows that there is a consensus and that the debate is indeed moving forward.”

10689959_10154609918820187_3844123021211632187_n

ICRtoP Steering Committee in discussions with the Special Adviser to the Secretary-General on the Prevention of Genocide, Adama Dieng.

Deya agreed with Bellamy on several points, noting that, “…there has been progress in the sense that a couple of years ago the level of suspicion and even outright hostility was quite palpable, and the number of states expressing these sentiments was quite high. But a lot of the skepticism has changed to support, even if it is conditional support.” 

He also agreed that consensus is deepening, stating that“…there is a sense of resignation where there is no longer a question of whether RtoP exists at the UN or the community of states. It’s more or less a comment on how we can do it better.” Deya also made note of the softening stance of traditional opponents such as Cuba and Iran, agreeing that Iran’s statement in particular was “quite positive.”

Additionally, Deya made an important point on the increased involvement of civil society, observing that “one of the things that has happened under the current joint office and the two current Special Advisers [on the Prevention of Genocide and the Responsibility to Protect]  is that they have given more scope to civil society.”

As a sign of this progress, he recalled that there was “…more opportunity to address the interactive debate than ever before, with 4 civil society organizations that were allowed to speak.” Perhaps more importantly, he also noted “…the whole process of being consulted extensively by Dr. Welsh on the drafting of the Secretary-General’s report and the mobilization of the Coalition and its members is very positive. “

Pace recalled a different statement as being particularly notable. He expressed that there had been worry over Russia’s position, given current hostilities in Ukraine. However, ultimately he believed that the Russian statement “…was actually much better than expected.”

Pace’s concluding thoughts were a poignant way to summarize the dialogue. He took note of the broad participation from roughly 70 countries, some of which spoke for up to 28 countries in their region. He called the day-long event “quite an achievement” that demonstrated “growing political will,” evident in the diminishing number of skeptics in the General Assembly. Pace then provided a solemn reminder that the goal of RtoP and its measures under the various pillars is to bring about a reality where mass atrocities are an exception, rather than the rule and where application of the norm is a non-issue.

 

A detailed overview of the dialogue and a full listing of member state, regional and civil society statements are available via the ICRtoP website.

The opinions expressed in these interviews are those of the individuals featured, and do not represent the position of the ICRtoP.

 

Leave a comment

Filed under Event, General Assembly, ICRtoP Members, Informal Interactive Dialogue, Second Pillar

FEATURE: Responsibility while Protecting – the impact of a new initiative on RtoP

The “responsibility while protecting” (RwP) concept and its potential influence on the development of the Responsibility to Protect norm (RtoP, R2P) have been a source of ongoing discussion in recent months. RwP was first introduced by Brazilian President Dilma Raousseff as “responsibility in protecting” during her address to the United Nations General Assembly (UNGA) in September 2011 and then expanded on in a concept note presented to the UN Security Council (UNSC) on 9 November 2011 by Brazilian Permanent Representative, Maria Luiza Ribeiro Viotti. RwP seeks to address concerns regarding the implementation of military measures to prevent and halt mass atrocities, emphasizing that prevention is the “best policy” and that the use of force in particular must be regularly monitored and periodically assessed so as to minimize the impact on civilians.

On 21 February 2012, the Brazilian Permanent Mission organized an informal discussion on RwP with Member States, UN actors, and civil society organizations. Debate has since continued, most recently at the fourth UNGA informal, interactive dialogue held on 5 September, with many commentators and scholars reflecting on how RwP will impact RtoP and more importantly, the international response to future situations of genocide, war crimes, crimes against humanity, and ethnic cleansing. The ICRtoP Secretariat reached out to civil society organizations with a series of questions in order to map the origins of RwP and analyze the concept’s influence on the Responsibility to Protect.  

Read the full feature post.

1 Comment

Filed under CivSoc, First Pillar, General Assembly, Informal Interactive Dialogue, Libya, Prevention, RtoP, Second Pillar, Security Council, Third Pillar, Timely and Decisive Action, UN, Uncategorized

New “At a glance” Series Looks at Key Measures Under RtoP’s Third Pillar

Since 2009, the United Nations (UN) General Assembly has held an annual informal, interactive dialogue on the Responsibility to Protect (RtoP, R2P). The discourse is based in part on reports published by the UN Secretary-General ahead of the meetings exploring measures within the norm’s scope or the role of various actors.

These dialogues are an important opportunity for Member States, regional and sub-regional organizations and civil society to discuss the norm’s implementation and assess best practices from past crisis situations. This year, the General Assembly plans to discuss the broad range of political, economic, humanitarian and, if necessary, military response measures available to actors at the national, regional, and international levels within the third pillar of the Responsibility to Protect.

UN Secretary-General Ban Ki-Moon addresses attendees at the 2010 informal interactive dialogue on early warning, assessment and the Responsibility to Protect. (UN Photo/Evan Schneider)

ICRtoP encourages actors at all levels to participate in this timely discussion and generate constructive conversation on the regional and international community’s response to imminent threats or occurrences of genocide, war crimes, crimes against humanity, and ethnic cleansing. Furthermore, the Coalition has developed a clarifying document about the spectrum of measures available within the norm’s third pillar and how these measures can be employed by actors at all levels.

In order to foster a more complete understanding of RtoP’s third pillar ahead of this summer’s UN General Assembly dialogue, ICRtoP will be publishing a new series of “At a Glance” educational tools on the role of actors and measures available to prevent and halt mass atrocities. Each “At a Glance” will provide an overview of how a specific measure or group of actors fits within RtoP’s third pillar, debates and challenges regarding implementation, and steps that can be taken at all levels to strengthen prevention capabilities.

The first document, published on 12 April, focuses on Preventive Diplomacy and the Responsibility to Protect, a particularly timely topic in the wake in joint United Nations-League of Arab States Special Envoy Kofi Annan’s efforts to find a mediated solution to the crisis in Syria. As the “At a Glance” explains:

Within the RtoP framework, preventive diplomacy offers a set of tools to be used on a case-by-case basis by a wide range of actors to peacefully respond to threats and occurrences of mass atrocities by facilitating political solutions. Quiet diplomacy and engagement behind the scenes gives all parties an opportunity to participate in dialogue outside the international spotlight and on their own terms.  Mediation, often led by appointed diplomats or special envoys, allows for encouragement from the international community to build political will for peaceful settlement if parties are reluctant to negotiate. Other important tools include political missions, which are civilian-led and can facilitate dialogue to prevent escalating threats or assist in rebuilding efforts such as inclusive governance or reconciliation; and peacekeeping missions, which incorporate preventive diplomacy into their security-based mandates and offer political support to encourage peaceful conflict resolution.  

The publication also looks at the challenges associated with Preventive Diplomacy, and the steps national, regional, and international actors, including civil society, can take to strengthen the manner in which this measure is implemented to respond to country-specific situations.

The latest “At a Glance”, published on 27 April, discusses the role of International and Regional Justice mechanisms in responding to threats of mass atrocities. The recent examples of the International Criminal Court (ICC) issuing its first ever verdict in the case of Thomas Lubanga Dyilo on 14 March, and the Special Court for Sierra Leone ruling on 25 April that former Liberian President Charles Taylor was guilty of war crimes and crimes against humanity, have shown international and regional justice mechanisms at the fore of the fight against impunity. As the publication states:

Within the RtoP framework, international and regional justice mechanisms and institutions contribute to the prevention of and response to threats of mass atrocities by ending impunity, deterring would-be perpetrators, and delivering justice to victims. Under RtoP, the state bears the primary responsibility for the protection of its population, and is thus held accountable for the commission of mass atrocities.  Many judicial bodies interpret this responsibility by investigating cases where populations are at risk, and then indicting, trying and sentencing individual perpetrators, regardless of rank or title, for the commission of one or more of the RtoP crimes. These institutions work to facilitate transitional justice, ensuring accountability for massive human rights violations and establishing a basis for sustainable peace and reconciliation.  

The “At a Glance” also elaborates on the challenges faced by these bodies, the role of national governments and civil society in strengthening them, and the existing mechanisms at the regional and international level, including an overview of the ICC, the International Court of Justice, ad-hoc tribunals and special courts, and regional judicial bodies.

The publications on Preventive Diplomacy and International and Regional Justice are just the first two of a series of seven “At a Glance” documents, in which the following measures will be covered (by order of publication):

  • The Use of Force
  • Monitoring, Early Warning and Response
  • The Role of Actors within the United Nations
  • Targeted Sanctions
  • The Role of Regional and Sub-Regional Arrangements

Our Coalition hopes that these publications will foster a more complete understanding of the wide range of measures available to the international community when a state manifestly fails to protect its population from mass atrocities, and will contribute to constructive international conversation on the norm’s third pillar.

Download the following educational tools:

Leave a comment

Filed under CivSoc, Human Rights, Informal Interactive Dialogue, Prevention, Regional Orgs, RtoP, Third Pillar, Timely and Decisive Action, UN

Civil Society Advocacy Aims to Ensure Constructive 2012 UN Dialogue on RtoP

The United Nations General Assembly (UNGA) will host an informal interactive dialogue on the Responsibility to Protect this summer (date yet to be announced). The dialogue will be the third of its kind since 2009, and is an opportunity for discussion between Member States, regional and sub-regional arrangements, and civil society on the norm and its implementation. This year, the dialogue will be on measures under the third pillar of the Responsibility to Protect framework – timely and decisive action.

Each dialogue is based, in part, on a report published by the UN Secretary-General (UNSG) ahead of time, which explores aspects of the prevention and response to mass atrocities and roles of various actors within the RtoP framework. A report for this year’s dialogue has yet to be released.

Civil society plays an important role ahead of the dialogues, engaging UN Officials, regional and sub-regional organizations, and Member States to provide constructive remarks, working together to educate on the thematic focus of the dialogues, participating in the meetings themselves, and publishing reports in their aftermath.

The dialogues have served as an important forum to stimulate discussion on the implementation of RtoP, emphasize the importance of prevention, and advance the normative consensus at the UN and in national capitals. They have also attracted an increasing number of attendees since the first meeting in 2009, including from civil society organizations.

Both ICRtoP and the Global Centre for R2P issued statements at the 2010 dialogue on Early Warning, Assessment and RtoP in 2010. Civil society was also represented in the opening panel during this dialogue. The following year, during the dialogue on The Role of Regional and Sub-Regional Arrangements in Implementing the RtoP, the Coalition, Global Centre, Initiatives for International Dialogue (based in the Philippines), and the School for Conflict Analysis and Resolution at George Mason University gave remarks.

Members of the ICRtoP Steering Committee and Secretariat with UN Secretary-General Ban Ki-moon, former President of the UNGA Joseph Deiss, Special Advisors Francis Deng (Genocide Prevention) and Dr. Ed Luck (RtoP), and other panelists at the 2011 dialogue on the role of regional and sub-regional arrangements.

The thematic focus of this year’s dialogue will be measures under the third pillar of the RtoP framework. Third pillar tools range from diplomatic, to economic, legal, and military, and enable flexible, rapid responses to country-specific situations. In light of recent cases including Libya, Côte d’Ivoire, Sudan/South Sudan, and Syria – where such third-pillar measures have been implemented in efforts to protect populations from mass atrocities – the dialogue will serve as a timely opportunity to address concerns held by some UN Member States over RtoP’s implementation, reflect on best practices and lessons learned, and foster informed conversation on clarifying what RtoP’s third pillar entails and how to operationalize these measures.

Underlining the importance attached to this summer’s dialogue, 38 civil society organizations* from around the world participated in a sign-on letter coordinated by the ICRtoP Secretariat, which was sent to UN Secretary-General Ban Ki-moon, the President of the UNGA, Abdulaziz Al Nasser, and the UNSG’s Special Adviser on RtoP, Dr. Edward Luck, on 23 March.

The letter calls for an announcement of a date for the dialogue, and asks that the UNSG’s 2012 report on measures within RtoP’s third pillar be released at least two months ahead of the dialogue, following a consultative process with civil society. As the letter reads:

“Only if published well in advance, can your report be a crucial resource for Member States, regional organizations, and UN offices and departments to prepare for a constructive dialogue. Regional meetings of NGOs and diplomats ahead of the dialogue are an opportunity for these actors to reflect on the report. This will result in increased participation from Member States and regional organizations, as in past years they have lacked adequate time to prepare remarks for the General Assembly….This year’s dialogue can act as a forum to further the commitment of all actors to protect populations from mass atrocities, fostering discussion on how we can all work towards the effective use of the full spectrum tools under the third pillar of RtoP.”

Recognizing the central role that regional and sub-regional organizations play in preventing and halting mass atrocities, and the need for these organizations to be involved in ongoing discussions of RtoP, ICRtoP also sent a letter addressed to 14 such organizations** on 22 March to encourage their attendance and active participation at this summer’s meeting.

Our letter to these organizations draws on the active role played by these organizations in response to country-specific situations where mass atrocities are threatened or have occurred. From the African Union-facilitated mediations in response to the post-election violence in Kenya in 2008, to the deployment of an international policing operation in Kyrgyzstan in 2010 by the Organization of Security and Cooperation in Europe, and the diplomatic moves by the League of Arab States, the Organization for Islamic Cooperation, and the Gulf Cooperation Council to resolve the current crisis in Syria, the efforts of regional and sub-regional organizations are critical to fostering a more comprehensive understanding and robust discussion on third pillar measures under the RtoP framework.

For more information on regional and sub-regional arrangements and regional entry points for the prevention of mass atrocities, please see our regional pages: Africathe AmericasAsia-PacificEurope, and the Middle East.

As the summer nears, civil society has indicated its willingness to be an active participant in this year’s dialogue, as it has been in the past. The announcement of a date for the upcoming dialogue, a published report from the UNSG well in advance to provide the opportunity for wide-ranging consultations, and a commitment by regional and sub-regional organizations to participate in the meeting would be welcome first steps in ensuring the fourth informal interactive dialogue on RtoP is the most comprehensive and attended dialogue yet.

*The 38 civil society organizations that signed on are as follows: A Billion Little Stones (Australia), Act for Peace (Australia), Aegis Trust (United Kingdom), Asia-Pacific Centre for the Responsibility to Protect (Australia), Asia-Pacific Solidarity Coalition, Canadian Lawyers for International Human Rights (Canada), Center for Media Studies and Peace Building (Liberia), Centre for Peace and Conflict Studies (Australia), Centro de Investigación y Educación Popular (Colombia), Citizens for Global Solutions (United States), Coalition for Justice and Accountability (Sierra Leone), Coordinadora Regional de Investigaciones Económicas y Sociales (Argentina), Droits Humains Sans Frontières (Democratic Republic of the Congo), East Africa Law Society (Tanzania), Genocide Alert (Germany), Global Action to Prevent War (United States), Global Justice Center (United States), Global Partnership for the Prevention of Armed Conflict (The Netherlands), Human Rights Watch (United States), Initiatives for International Dialogue (The Philippines), Madariaga-College of Europe Foundation (Belgium), Mindanao Peaceweavers (The Philippines), Montreal Institute for Genocide and Human Rights Studies (Canada), Pan African Lawyers Union (Tanzania), Permanent Peace Movement (Lebanon), R2P Student Coalition (Australia), Réseau de Développement et de Communications de la Femme Africaine (Mali), Semillas para la Democracia (Paraguay), STAND Canada (Canada), United Nations Association – Denmark (Denmark), United Nations Association – Sweden (Sweden), United Nations Association – UK (United Kingdom), United to End Genocide (United States), West Africa Civil Society Forum (Nigeria), West Africa Civil Society Institute (Ghana), World Federalist Movement – Canada (Canada), World Federalist Movement – Institute for Global Policy (United States, The Netherlands) and World Federation of United Nations Associations (United States and Switzerland).

**The 14 regional and sub-regional organizations are as follows: The Association of Southeast Asian Nations, African Union, Caribbean Community, European Union, East African Community, Economic Community of West African States, Gulf Cooperation Council, Intergovernmental Authority for Development, International Conference of the Great Lakes Region, League of Arab States, Organization of American States, Organization for Security and Co-operation in Europe, Organization of Islamic Cooperation, and Southern African Development Community.

1 Comment

Filed under African Union, Arab League, CivSoc, Informal Interactive Dialogue, Prevention, Regional Orgs, RtoP, Third Pillar, Timely and Decisive Action, UN