Category Archives: Second Pillar

#RtoPWeekly 8-12 May

New study finds ISIL killed or kidnapped almost 10,000 Yazidis in 2014

A new study published by the Public Library of Science journal PLoS Medicine this week has shown that the Islamic State (ISIL) killed or kidnapped almost 10,000 Yazidis during the attack on Mount Sinjar in northern Iraq in 2014. Valeria Cetorelli, a demographer from John Hopkins University and the London School of Economics and Political Science, and lead researcher on the study has been conducting investigations on the number of people affected by this onslaught on the Yazidi population for possible use in a potential future trial to hold the perpetrators of such atrocities accountable. According to her research, ISIL killed approximately 3,100 Yazidis during the attack on Mount Sinjar and forcibly enslaved almost 7,000 people, forcing them into sex slavery or to become fighters in 2014 alone. These totals amounted to the death or enslavement of at least 2.5 percent of the minority group population by the time that Cetorelli carried out her initial interviews with Yazidis in camps for displaced persons in 2015.

Children that have escaped ISIL captivity and are now living in such camps for displaced persons have recently given testimonies on their treatment by ISIL militants while they were in captivity. According to their testimonies, ISIL abducted hundreds of young boys and forcibly held and trained them in camps to become fighters and suicide bombers. Human Rights Watch has estimated that 3,500 of them still remain captive in Iraq and Syria. In total, UN investigators have estimated that over 5,000 Yazidis have been killed and approximately 7,000 women have been forced into sex slavery.

The evidence of the atrocities carried out against the Yazidis gathered by legal experts and UN investigators is also intended to serve as documentation for the purpose of a future trial to bring the perpetrators of such crimes to justice. Among the many calls for accountability, Amal Clooney, an international human rights lawyer, has been trying to bring ISIL to trial at the International Criminal Court (ICC) for the crimes carried out against the Yazidis. Clooney and Nadia Murad, a Yazidi survivor of the attack who was enslaved by ISIL and escaped, have continuously urged the United Nations Security Council and the entire international community, including the Iraqi government, to cooperate for the purpose of a UN investigation into the ISIL’s atrocities against the Yazidis.

On 15 June 2016, the United Nations Human Rights Council issued a report entitled, “‘They came to destroy’: ISIS Crimes Against the Yazidis,” in which the Council reported that the atrocities committed by ISIL against the Yazidi population amounted to genocide and multiple crimes against humanity and war crimes.


Catch up on developments in…


Burundi
CAR
DRC
Iraq
Libya

Mali
South Sudan
Syria
Yemen


Burundi:

Former Burkina Faso president, Michel Kafando, has been appointed the new UN envoy for Burundi. In addition, the EU has called for inclusive dialogue under the mediation of the Ugandan President with the former Tanzanian President as a facilitator. The EU has stated that these meetings are essential for the restoration of peace in Burundi.


Central African Republic:

After dozens of attacks on workers delivering aid in the Central African Republic, the UN humanitarian office said on 5 May that four international humanitarian organizations have temporarily suspended activities in northern CAR. The staff from these organizations will move to Bangui, the country’s capital, and may withdraw completely if threats of violence persist. Meanwhile, the UN Children’s Fund (UNICEF) has called for increased support of children in the “forgotten crisis,” adding that displacement has made children particularly vulnerable to “health risks, exploitation and abuse.”

A UN convoy was attacked by the “anti-Balaka” armed group near Yogofongo village on 9 May. Officials said four peacekeepers were killed and at least eight were wounded, while one remains missing. UN Secretary-General Antonio Guterres condemned the attacks against the convoy and called on CAR authorities to investigate them in order to ensure swift justice.


Democratic Republic of Congo:

On Monday, the UN stated that the humanitarian situation in the Democratic Republic of the Congo is “dramatically deteriorating” as ethnic violence continues to spread and drive people from their homes. Last week alone, around 100,000 people were uprooted in the Kasai region, increasing the number of displaced to nearly 1.3 million. An estimated average of 4,600 people flee their homes daily in the DRC.


Iraq:

According to a 7 May report by ICRtoP member Human Rights Watch, the Kurdistan Regional Government (KRG) authorities are responsible for the internal displacement of Sunni Turkmen, with the intent to compel them to return to towns controlled by the Popular Mobilization Forces’ Shia units (Hashd al-Sha’abi or PMF). Displaced Turkmen have reported that KRG authorities in Kirkuk have detained and abused them in order to coerce them to leave the region.

Lama Fakih, Deputy Middle East director at Human Rights Watch, declared in the 7 May report that “all Iraqis have the right to live in safety, and forcing displaced Turkmen families out of their homes to parts of the country where they would be in danger is particularly egregious,” adding that “KRG forces should cease harassing Turkmen and unlawfully forcing them to leave Kirkuk.” Human Rights Watch has reported abuses against Sunni Turkmen in other places, including Fallujah and Nineveh.

Stéphane Dujarric, Spokesperson for the United Nations Secretary-General Antonio Guterres, reported on 9 May that there are currently approximately 360,000 Iraqi civilians caught in the fight between the Iraqi forces and the Islamic State in the north-west Mosul, adding that “emergency assistance and basic services are being provided by humanitarian partners” to those families arriving in Badoush in northeast Iraq. Mr. Dujarric stressed that there is a high number of casualties in Mosul hospitals as well, with over twelve thousand people being hospitalized since 17 October.


Libya:

The International Criminal Court (ICC) Prosecutor Fatou Bensouda presented her thirteenth report on the situation in Libya on 8 May to the United Nations Security Council. Recalling the climate of impunity and spread of human rights violations, she deplored that ordinary citizens have to suffer.

The Prosecutor briefed the Security Council about the relevant ICC investigations as the arrest warrant against Al-Tuhamy Mohamed Khaled, former Head of the Internal Security agency under Muammar Gaddafi, was unsealed on 24 April. Khaled is allegedly responsible for war crimes and crimes against humanity during the 2011 uprisings in Libya. The arrest warrant was declassified in hopes of facilitating the arrest and surrender of Mr. Al-Tuhamy, and therefore Bensouda urged all states to cooperate with his arrest. She also called upon the Libyan government to take action and surrender Saif al-Islam Gaddafi to the ICC. In 2015, a Libyan court in Tripoli sentenced him and seven other former government officials to death. Gaddafi appears to have been released from prison, though his whereabouts remain unclear. Finally, regarding the case against Abdulah al-Senussi, she recalled the lack of compliance to fair trials standards while his case was being appealed before the Libyan Supreme Court.

Bensouda also added that because peace in Libya has been undermined by the serious crimes committed by government authorities, the country has also become a marketplace for trafficking and organized crime. Bensouda declared that the ICC is carefully examining the feasibility of opening an investigation into migrant-related crimes in Libya, and that her Office has the firm commitment to collect information related to serious and widespread crimes allegedly committed against migrants attempting to transit through Libya.


Mali:

The deterioration of the security and human rights situation in Mali has undermined the 2015 peace agreement struck between the Malian government and two coalitions of armed groups, according to an analysis released by the Worldwide Movement for Human Rights (FIDH) on 11 May. Indeed, the recent violent clashes have enabled the expansion of terrorist groups and created a climate of insecurity. FIDH stated in the report that there is an urgent need to strengthen the UN mission in the country and fight against impunity. FIDH and its member organization the Association malienne des droits de l’homme will be at the United Nations headquarters in New York from 7 to 13 May to discuss these issues and present their recommendations.


South Sudan:

According to the UN Children’s Fund (UNICEF) and the UN Refugee Agency (UNHCR), more than two million children have been forced to flee their homes in South Sudan as a result of the civil war. The United Nations Mission in South Sudan (UNMISS) has deployed its peacekeeping troops in the Upper Nile region to support the delivery of humanitarian assistance.

The United Nations Security Council has condemned the 3 May attack on UNMISS, calling for immediate adherence to the permanent ceasefire addressed in the August 2015 peace deal.

The South Sudanese Army (SPLA) said that its forces captured the headquarters of the opposition Sudan People’s Liberation Movement-in-Opposition (SPLM-IO) on 5 May, allegedly reversing all gains made by the rebels in the past months. In addition, President Kiir has replaced his previous army chief, Paul Malong, with General James Ajongo Mawut, former deputy chief of general staff for administration and finance.


Syria:

During the Astana talks held in Kazakhstan last week, Russia and Iran signed a memorandum with Turkey that called for a “pause in fighting and airstrikes for six months in and around the rebel-held areas, unhindered aid deliveries, and the return of displaced civilians.” Staffan de Mistura, the UN special envoy to Syria, referred to the memorandum as an “important, promising, positive step in the right direction.” The six-month agreement bans all attacks in the agreed “de-escalation” zones, apart from attacks targeted against the Islamic State and the Nusra Front, and it also allows for humanitarian assistance in the agreed areas.

However, the memorandum was not signed by either the Syrian government or the non-state actors to the conflict, with Walid al-Moallem, the Syrian Foreign Minister, declaring on 8 May that the Syrian government does “not accept a role for the United Nations or international forces to monitor the agreement.” On 10 May, Sergey V. Lavrov, the Russian Foreign Minister, announced plans to meet this week with US Secretary of State Rex W. Tillerson in order to discuss the situation in Syria and both countries’ role in the conflict.


Yemen:

Jamie McGoldrick, the Humanitarian Coordinator in Yemen, urged on 7 May for “safe, unconditional, and sustained” humanitarian aid in the country. He also stressed that it is “imperative that humanitarians reach people in need without obstacle, wherever they may be.” There are currently approximately 17 million Yemenis in need.

On Tuesday, 9 May, the World Health Organization (WHO) and Doctors Without Borders/Médecins Sans Frontières (MSF) reported that the cholera outbreak in Yemen is worsening. Shinjiro Murate, head of the MSF mission in Yemen, stressed that the organization is “very concerned that the disease will continue to spread and become out of control,” also calling for “humanitarian assistance [that] needs to be urgently scaled up to limit the spread of the outbreak and anticipate other potential outbreaks.” The WHO reported 2,022 occurrences of cholera in Yemen just within the last fortnight, with at least 34 deaths among them.

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Filed under Burundi, DRC, genocide, International Criminal Court, Justice, Libya, Reconciliation, RtoP, Second Pillar, Yemen

#RtoPWeekly: 10-14 April 2017

The world reacts to chemical attack in Syria as civilians continue to suffer

On 4 April, a chemical gas attack in Khan Shaykhun, a town in Syria’s Idlib Governorate, killed more than 80 civilians. Shortly thereafter, images of victims showing symptoms associated with exposure to nerve gas, namely suffocation, foaming at the mouth, convulsions, constricted pupils, and involuntary defecation, as reported by Doctors Without Borders (MSF), led UN High Representative for Disarmament Affairs Kim Won-Soo to comment that, if confirmed, this could constitute the worst chemical attack in Syria since the war began in 2011.

The news sparked strong reactions by throughout the international community, which gathered in the UN Security Council Chamber on 5 April to discuss which steps to take next. At the same time, the Director-General of the Organization for the Prohibition of Chemical Weapons (OPCW) officially announced that the OPCW-United Nations Joint Investigative Mission (JIM) had started to gather and analyze information from all available sources to establish facts surrounding allegations of the use of toxic chemicals in the country. At first, all Member States cohesively placed blame for the attack on Syrian government forces, expressing unanimous outrage for what was called “a new low, even for the barbaric Assad regime” by US Ambassador to the UN Nikki Haley.

Following these statements and appalled by the deadly consequences of the latest chemical attack, the international community was quick to react in the emergency session of the UN Security Council on 5 April. As the US Ambassador to the UN Nikki Haley warned, when the international community proves unable to act collectively, states are compelled to “take their own action”. Shortly after her statement, the United States publicly announced that 59 Tomahawk cruise missiles had been fired at Al Shayrat airfield in Syria, from where the planes carrying the alleged chemical weapons are said to have been launched. The unilateral response implemented by the US represents an unprecedented step in its engagement in the Syrian civil war.

Many Member States have hailed the US response as the end of “an era of impunity” for the Syrian government, while others have claimed that Syria is a victim of aggression, describing the recent US attack on the Shayrat military airbase as a “blatant aggression” against a sovereign state.

In this regard, many issues have recently been raised concerning the legality of the US attack, as well as why this reaction has been elicited now in comparison to other previous uses of deadly chemical weapons throughout the conflict. However, what is indisputable is that after over six years, the conflict  in Syria has already claimed the lives of more than 450,000 people, internally displaced over 6.3 million civilians, and forced more than 5 million Syrians to flee their country as refugees. Furthermore, human rights groups continue to report on the use of banned weapons in areas of the country where civilians are still besieged. This is the time to call on all parties to uphold their RtoP populations from horrific atrocities. This includes calling on the UN Security Council to overcome infighting and internal divisions to allow legal and timely responses to the crises and refraining from exercising veto powers in situations of atrocity crimes.


The above is an edited excerpt from a new blog post written by Francesca Cocomero for the International Coalition for the Responsibility to Protect (ICRtoP). To read the full blog post, please click here.

Source of above photo: Reuters via BBC News

 Catch up on developments in…

Burma/Myanmar
Burundi
CAR
DRC
Gaza/West Bank
Iraq
Libya

Mali
Nigeria
South Sudan
Sudan/Darfur
Syria
Yemen

Burma/Myanmar:

During the 9 October army crackdown on the Muslim minority Rohingya population in Burma, government authorities reportedly arrested 13 Rohingya children. UNICEF has claimed that they are still under detention. It is not clear if the juveniles will be released, nor has it has been established whether the conditions of their detention have complied with the Convention on the Rights of the Child and its additional provisions for the protection of children charged with crimes, ratified by Burma.


Burundi:

Human rights activists have voiced their concern regarding footage showing the youth wing of Burundi‘s ruling CNDD-FDD party, the Imbonerakure, calling for the intimidation of the group’s political opponents and threatening to rape all women linked to the opposition.

Two collectives of rights groups allied with the Burundian government argue that the inter-Burundian dialogue facilitated by the East African Community (EAC) iis no longer necessary due to “remarkable social, political, and economic improvements that have already been achieved.” In addition, Liberat Mfumukeko, EAC Secretary General, has dismissed a report discussing Burundi’s worsening human-rights situation presented by the Special Advisor to the UN Secretary-General, Jamal Benomar, to the UN Security Council.


Central African Republic:

President Jacob Zuma of South Africa and his visiting Central African Republic counterpart, Faustin-Archange Touadera, agreed to strengthen bilateral relations and reaffirmed the urgent need for armed groups fighting in CAR to lay down their arms and take part in reforms, including disarmament and reintegration.

The US began its first delivery of $8 million worth of nonlethal assistance to CAR, which is expected to include 16 more trucks and communications equipment. It also announced it is withdrawing its troops from a regional task force hunting the Lord’s Resistance Army.

On 12 April the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a statement sanctioning two CAR militia officers “for engaging in actions that threaten the peace, security, or stability of the Central African Republic (CAR)” by blocking their property in the US and prohibiting US citizens “from engaging in transactions with them.”


Democratic Republic of Congo:

Security forces in the Democratic Republic of the Congo fired teargas and arrested over 80 people in an attempt to repress small protests across the country calling for the implementation of the New Year’s Eve Agreement, which called for a power-sharing deal in the government. DRC’s crisis was further exacerbated after militants attacked symbols of the state and released scores of prisoners from jail, which could worsen the terror afflicting the country.

On Wednesday, 12 April, Said Djinnit, the United Nations envoy for Africa’s Great Lakes region, encouraged the UN Security Council to help strengthen the fight against illegal armed groups in the Democratic Republic of Congo, namely the Democratic Forces for the Liberation of Rwanda (FDLR) and the Allied Democratic Forces (ADF).

The EU has announced it will provide €47 million in assistance to the Greater Lakes, Southern Africa, and Indian Ocean regions. €32 of this will go to the Greater Lakes region specifically as it currently holds more than a million refugees, 430,000 of which are found in the DRC.


Gaza/West Bank:

On 7 April, the United Nations Human Rights Office of the High Commissioner (OHCHR) condemned the recent hangings of the three Palestinians in Gaza. The military court explicitly accused them of “collaboration with the occupier,” amounting to a charge of treason. The Office urged “the authorities in Gaza to… comply with Palestine’s obligations under international law.”


Iraq:

An Iraqi military spokesman, Brigadier General Yahya Rasool, said the Islamic State (ISIL) now controls less than 7 percent of Iraq, a tremendous success compared to 2014, when the group controlled 40 percent of Iraqi territory. However, ISIL’s influence can still be felt, such as in its killing of more than 40 civilians trying to flee Mosul last week, including many women and children.

On 10 April, the United Nation emergency food relief agency, the UN World Food Programme (WFP), said that deepening food insecurity in Iraq could leave more than half the country’s population facing “unprecedented levels” of vulnerability. In cooperation with the Iraqi government, WFP prepared a Comprehensive Food Security and Vulnerability Analysis, in which it underscored the need to improve access to education, for girls in particular, as important actors in the fight against hunger.

Due to the 5 million euro contribution provided by the European Commission Civil Protection and Humanitarian Aid Operations (ECHO), the UN Population Fund (UNFPA) has increased its humanitarian response in Iraq. The UNFPA will provide health services to more than 700,000 conflict-affected women and girls and will develop its Rapid Response Mechanism Consortium to give first line relief items to more than 120,000 newly displaced women from Mosul.


Libya:

The director of the UN International Organization for Migration (IOM) stated on 11 April that refugees and migrants trying to cross the Mediterranean through Libya are being bought and sold in modern-slave markets in the southern city of Sabha. People are held captive for about two to three months on average. Refugees and migrants are especially targeted by armed groups and people-smuggling networks, which typically extort extra money in exchange for allowing them to continue or risk being killed. The situation is especially perilous for women, with many accounts of forced prostitution and rape.


Mali:

Last Thursday, the head of the UN’s Department of Peacekeeping Operations called the security situation in Mali “alarming,” particularly due to the increase in sophistication of extremist attacks being executed by the most active terrorist groups in the country. These groups, including Al Qaeda and now the Islamic State, are forming a makeshift alliance in the area.

“This convergence of threats is particularly worrying in a context where often the presence of the State is weak or sometimes nonexistent,” Under Secretary-General for Peacekeeping Operations, Jean-Pierre Lacroix, told the UN Security Council earlier this month.


Nigeria:

On Thursday, 13 April, the day before the third anniversary of the abduction of 276 students from the Chibok Girls School, President Muhammadu Buhari stated that the government is negotiating with Boko Haram to secure the release of the students, as well as other captives of the group.

On 2 April, government security forces pushed tens of thousands of impoverished civilians out of their makeshift town of Otodo Gbame, and burned many of the structures down. The move was highly criticized by human rights groups such Amnesty International, which insisted the use of “brutal force and thugs” constituted a “clear violation of rights.”


South Sudan:

Following attacks on civilians and aid workers in South Sudan, the head UN humanitarian official in the country urged the government and opposition to ensure the safety of civilians and humanitarians. The government of South Sudan has openly condemned  the involvement of peacekeepers from outside the region, arguing it goes against a resolution of the UN Security Council calling for a “regional protection force.” Further, the UN Mission in South Sudan (UNMISS) claimed that it has been prevented from accessing the town of Pajok, where it hoped to assess the humanitarian situation. The mission urged the South Sudanese government to immediately allow it access “so it can fully implement its mandate, including to protect civilians” from the “indiscriminate” attacks occurring there.

Civil rights groups have raised concerns over ethnic cleansing in South Sudan as militia members explicitly sought out and killed at least 10 people from the Lou and Fertit ethnic groups in the northwestern town of Wau.


Sudan:

In northern Darfur, gunmen have killed and wounded several civilians during a series of raids on small villages in the area. Additionally, there were several reports of government abuses over the past week. On 11 April, soldiers allegedly beat civilians looking for water in North Darfur. In an incident on Sunday, police fired upon a crowd in a west Darfur displacement camp when a protest broke out, resulting in two deaths. Government authorities insisted that the protestors were in possession of grenades, necessitating the force, although the truth of this statement is not known.

The Enough Project has linked funding from the European Union to the brutal treatment of refugees and migrants by the Sudanese regime through Rapid Support Forces. The EU aid is meant to halt the flow of refugees traveling from or through Sudan into Europe, but many believe it enables the government to commit horrible abuses. Thus, the authors of the “Border Control from Hell” report have criticized the EU’s funding as tacit support for an abusive regime. The full report can be found here.

Lawyers representing South Africa’s government appeared before the International Criminal Court on 7 April to defend against a finding of noncompliance for the country’s failure to arrest Sudanese Omar al-Bashir in 2015. The ruling of the judges is expected on a later date.


Syria:

On Monday, 10 April, the G7 group met in Lucca, Italy to discuss a unified approach regarding the use of chemical weapons on Syrian civilians, allegedly at the hands of Syrian President Bashar al-Assad, as well as how to pressure Russia to distance itself from Assad. However, after a two-day session of meetings, the group failed to agree on a proposal by Britain for sanctions against Russia. The Italian Foreign Minister, Angelino Alfano, said the member states did not want to alienate Russia, instead preferring to engage in political dialogue with the country.


Yemen:

Amidst heavy conflict between government and rebel forces on Monday, 10 April, an errant bomb resulted in the deaths of three civilians and the wounding of two others. A security official has insisted that the bomb was actually intended for the convoy of General Ali Muqbel Saleh, commander of the 33rd Armored Brigade.

The UN High Commissioner for Refugees (UNHCR) appealed to the world community to supply urgently needed funding in hopes of saving the millions faced with imminent famine and starvation in Yemen. According to a spokesperson for the UNHCR in Yemen, the millions of affected people are failing to secure their most basic needs, a situation she calls “catastrophic.” The UN’s World Food Program (WFP) has announced that it will increase its emergency food operations in Yemen to ease the crisis, which is “close to a breaking point,” according to WFP’s Country Director in Yemen.

The UN Special Rapporteur on human rights and international sanctions, Idriss Jazairy, has called for the lifting of the blockade on Yemen to allow the necessary access for the humanitarian aid required by over 80 percent of the population. The Special Rapporteur raised particular concern regarding the situation in the port city of Hodeidah, as it is a point of entry for supplies into the country.

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Filed under Burma, Burundi, CARcrisis, Cote d'Ivoire, DRC, genocide, Human Rights, ICRtoP Members, International Criminal Court, Justice, Libya, Myanmar, Nigeria, Peacekeeping, Post-Conflict, Prevention, Reconciliation, Second Pillar, South Sudan, Sudan, Syria, Syria Ceasefire, Timely and Decisive Action, UN, United States, Weekly Round-Up

#R2P10: What Can Your Organization Do To Advance the Responsibility to Protect in 2015?

As part of the #R2P10 blog series, ICRtoP has prepared an infographic detailing ways that civil society organizations interested in advancing the Responsibility to Protect can use the 10th anniversary of its adoption as an opportunity to mobilize support at the national, regional, and international levels to strengthen approaches for the prevention and response to mass atrocities. Read on below! (click the image for an enlarged view).

Cliquez ici pour la version française

RtoP at 10 What do you think of our advocacy points? Have anything to add? What is your organization doing to mark the 10th anniversary of the Responsibility to Protect? Let us know by commenting below, or reaching out to us on Twitter  and Facebook. Also, be sure to check out our updated ‘Civil Society and RtoP’ educational tool  for suggestions on how CSOs can directly contribute to upholding protection obligations. 

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Filed under CivSoc, First Pillar, ICRtoP Members, Regional Orgs, Second Pillar, Third Pillar

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.

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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.”

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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.

 

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

The Unexplored Links between Humanitarian Disarmament and RtoP

The following is a guest post by Alexandra Hiniker. Alexandra is the Representative to the United Nations for PAX, an ICRtoP member, and founding member of the Cluster Munition Coalition. PAX works together with civil society organizations around the world as well as supportive governments and relevant international organizations to promote the cluster bomb ban. Before joining PAX, Alexandra spent five years working in three of the countries most affected by cluster bombs – Lebanon, Laos, and Cambodia.

The Unexplored Links between Humanitarian Disarmament and the Responsibility to Protect

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Controlled demolition of cluster munitions in Laos. Tracie Williams/CMC.

As 100 governments gather in San Jose, Costa Rica, this week to discuss implementation of the 2008 Convention on Cluster Munitions (CCM), this post will look at the treaty from another angle – the Responsibility to Protect (RtoP). While the inclusion of the 2013 Arms Trade Treaty in the 2013 United Nations Secretary-General’s (UNSG) Report on RtoP established a clear link between arms transfers and the norm, there are also existing humanitarian disarmament treaties and processes, such as the CCM, that impact RtoP and the ability to protect populations from atrocity crimes.

By signing onto treaties such as the CCM, states are taking an important measure towards fulfillment of their Responsibility to Protect populations from genocide, war crimes, crimes against humanity, and ethnic cleansing. In light of the upcoming UN General Assembly dialogue focusing on Pillar Two of RtoP – the building of state capacity to protect populations from atrocity crimes – this analysis also highlights the CCM provisions that help states implement this second pillar, using the recent educational document  by the ICRtoP on clarifying Pillar Two.

Cluster Munitions Cause Unacceptable Harm to Civilians

Cluster munitions are weapons containing multiple submunitions, or bomblets, which can be dropped from the air, or launched from the ground or sea. At the time of use, the weapons cannot distinguish between military and civilian targets. Additionally, the weapons do not always go off as intended, leaving behind unexploded bomblets that become de facto landmines. These bomblets remain buried for decades after a conflict ends, not only killing and injuring innocent civilians, but also preventing any future development. Land contaminated with unexploded bomblets cannot be used to grow food, build roads, or construct hospitals and schools – although some people face such dire situations that they knowingly take risks simply to survive. According to the Cluster Munition Coalition, 60% of casualties occur when such activities are being undertaken, and one-third of all recorded casualties are children. Due to their indiscriminate nature, cluster munitions were banned through the Oslo Process, which resulted in the CCM.

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Unexploded sub-munition buried in a field in Laos. Wikimedia Photo Commons.

The CCM, which contains similar provisions to the 1997 Anti-Personnel Mine Ban Treaty, or Ottawa Convention, bans the use, stockpiling, production and transfer of cluster munitions, and requires stockpile destruction and clearance of all known contaminated areas. The CCM also includes articles on victim assistance, international cooperation and assistance, and treaty universalization.

 

The Role of the CCM in RtoP’s Second Pillar

As the 2014 Report of the Secretary-General specifies one of the elements of Pillar Two is encouraging a state to uphold its Pillar One obligations. Therefore, encouraging states to adopt this treaty, as called for in the universalization clause in the treaty itself, as well as points on discouraging use of such weapons by any actor, are examples of Pillar Two action.

Another component of Pillar Two, building state capacity to protect, is an essential part of the CCM addressed in the provision on international cooperation and assistance. Technical and financial assistance can support ongoing efforts to clear affected areas, destroy stockpiles, and educate communities about the risks of living in contaminated areas. Additionally, support can go to providing victim assistance, which benefits not only survivors of accidents and their communities, but overall healthcare systems as well.

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UNIFIL solider guarding unexploded ordnance in Lebanon. UN Photo.

Indirect capacity development results from the required periodic reports on treaty implementation status, which leads government agencies and military branches that would not necessarily interact to cooperate and share information, contributing to overall strengthening of governance capacities.

Military cooperation at the international level also increases, as militaries often share information and expertise on technical issues, such as clearance and stockpile destruction. Affected states that have received capacity development support have even gone on to apply their skills and expertise to others through United Nations Peacekeeping operations. For example, Cambodia, one of the countries most affected by explosive remnants of war, began providing demining assistance to the United Nations Mission in Sudan in 2006.

A Relationship Needing Further Attention

As the recent Cluster Munition Monitor report shows, great strides have been made in ridding the world of these horrific weapons since the ban treaty entered into force. However, continued use in Syria, South Sudan, and Ukraine indicate that further efforts are necessary to fully achieve the CCM’s objectives. Treaty universalization, stronger and more consistent condemnation of increasingly rare use, and more follow-up on international cooperation and assistance requirements to clear affected areas, destroy stockpiles, and assist victims are a few examples of steps that can be taken.

Additional humanitarian disarmament processes underway can also contribute to strengthening the implementation of RtoP. These include, but are not limited to, nuclear weapons, depleted uranium, toxic remnants of war, and fully autonomous weapons. Practices and policies regarding the use of explosive weapons in populated areas and casualty recording are additional areas that should also be further explored. It has long been acknowledged that humanitarian disarmament is a human rights and development issue, and international humanitarian law has developed in response to this challenge. However, identifying the connection between humanitarian disarmament and atrocities prevention is a relatively new objective. Further research and a better understanding of this connection with RtoP could help strengthen both agendas.

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“Convert, Pay, Flee, or Be Killed” Iraq’s Minorities Under Threat

The rapid advance of the Islamist militant group the Islamic State in Iraq and Syria (ISIS) that began in June of 2014 shocked the international community due to its ferocity and the sheer inability of the Iraqi Security Forces (ISF) to stop the group’s progress. ISIS has now taken control of significant portions of north-western Iraq, declaring its goal of establishing an Islamic caliphate through Iraq and Syria.  

ISIS fighters, pictured on a militant website verified by AP. AP File.

Throughout the ISIS onslaught and the ISF counter-offensive, civilian populations have suffered gravely. Among the most troubling consequences are the targeting and expulsion of ethnic and religious minorities, as well as mass displacement that has affected nearly 1.2 million Iraqis. The United Nations, civil society groups, and the wider international community have expressed extreme dismay at the unfolding situation, sounding alarm bells over the commission of atrocities and the worsening humanitarian situation.

The recent announcement by U.S. President Barack Obama that he had authorized airstrikes and humanitarian airdrops, in part to protect the Yazidi minorities stranded and besieged on Mount Sinjar, is reflective of the dire situation. Many have hailed this move, as well as the offer of various forms of assistance by European governments, as necessary measures to prevent the imminent genocide of the Yazidi population, and a clear example of upholding the second pillar of the Responsibility to Protect (RtoP). Encouraging as this is, premature celebration would be naïve, as much work remains to solve the political impasse and humanitarian emergency that prevents the Iraqi state from upholding its primary protection obligations.

ISIS Targeting Iraq’s Minorities

Since the early days of the ISIS advance, ICRtoP member Human Rights Watch has documented  the persecution of minority groups in great detail. In a statement released in July, the organization noted the “killing, kidnapping, and threatening” of religious and ethnic minorities in Mosul and the surrounding area. Middle East Director Sarah Leah Whitson warned that “Being a Turkman, a Shabak, a Yazidi, or a Christian in ISIS territory can cost you your livelihood, your liberty, or even your life.” She went on to state that “ISIS seems intent on wiping out all traces of minority groups from areas it now controls in Iraq.”

Violence against Iraq’s minorities is alarming for the fact that such targeting is identified as an indicator for determining the risk of genocide under the Analysis Framework released by the Office of the Special Adviser for the Prevention of Genocide.  Indeed, ISIS has gone about destroying religious and cultural relics deemed heretical, while most of the Christian population have fled Mosul after the July 19th ultimatum to convert to Islam, pay a tax, flee or be killed. This practice has spread to other Iraqi towns in recent days, as ISIS has begun to challenge the Kurdish Regions of Iraq, resulting in more devastating consequences for minority groups.

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Displaced Yazidis participate in demonstration at the Iraqi-Syrian border August 13, 2014. Reuters/Youssef Boudlal

The smoking gun that triggered a more proactive international response was the attack on the town of Sinjar that left approximately 25,000 Yazidi Iraqis trapped in the Sinjar Mountains. Before rescue efforts began, stranded Yazidis faced the very real risk of being slaughtered by ISIS as they attempted to leave, while those who remained were cut-off from adequate food and water supplies.  ISIS is believed to have killed several hundred Yazidis and threats from the Islamist group and other sympathetic Sunnis continue.

While it has been reported that many Yazidis have since been rescued, other accounts claim that those too weak to leave – namely children, the elderly, and the sick – remain immobilized on the mountain. Iraq’s Christian population faces similar dangers, as Qaraqosh – the  largest Christian town in Iraq – was recently overrun, creating 200,000 additional refugees that have faced the same ultimatum as those in and around Mosul.

UN Officials Respond to Mass Atrocities, Invoke RtoP

These worrisome developments have prompted a number of UN experts to express grave concern. The Special Rapporteur on minority issues, Rita Izsák has since stated that “All possible measures must be taken urgently to avoid a mass atrocity and potential genocide within days or hours – civilians need to be protected on the ground and escorted out of situations of extreme peril.” She added that “the responsibility to protect populations at risk of atrocity crimes falls both on the Iraqi Government and the international community.”

The Special Advisers to the Secretary-General on the Prevention of Genocide and The Responsibility to Protect, Adama Dieng, and Jennifer Welsh also condemned the attacks, warning that such acts “constitute grave violations of human rights and international humanitarian law and may amount to war crimes and crimes against humanity” Ominously, they also cautioned that “The reports we have received of acts committed by the “Islamic State” may also point to the risk of genocide.” Like other UN officials, they have called on regional and global actors to provide support to help avert further atrocity crimes.

Secretary-General meeting President elect of the Republic of Iraq. UN Photo.

Additionally, the Special Representative to the Secretary-General on Sexual Violence in Conflict, Zainab Hawa Bangura and the Special Representative of the Secretary-General for Iraq, Nickolay Mladenov drew special attention to the plight of vulnerable women, girls and boys after reporting that “Atrocious accounts on the abduction and detention of Yazidi, Christian, as well as Turkomen and Shabak women, girls and boys, and reports of savage rapes, are reaching us in an alarming manner.” The two jointly condemned these acts of sexual violence as potential war crimes and crimes against humanity, while joining other UN officials in invoking RtoP.

 

RtoP’s Second Pillar in Action

While the term ‘Responsibility to Protect’ was not used directly in authorizing airstrikes in Iraq, the action taken by the U.S. and others was requested by the Iraqi Government, and done—at least in part—with the intent of preventing an imminent genocidal threat to civilians.  For all intents and purposes, the assistance offered constitutes a second pillar response to a mass atrocity situation.

As ICRtoP’s recent publication on the matter explains, pillar two can indeed include the use of force when requested by a sovereign state; though this is usually subordinated to capacity-building measures that allow states to uphold their primary protection obligations. The latter has been pledged by the UK and Germany and includes financial and non-lethal aid to the Iraqi army, in addition to France’s offer to transfer arms to the Kurds.

Prominent RtoP scholars and advocates have confirmed the legitimacy of the U.S. intervention, lauding it as an appropriate measure to protect Iraq’s minorities.  For example, Gareth Evans wrote in an article titled “The Right Iraqi Invasion” that:

The United States’ action is completely consistent with the principles of the international responsibility to protect (R2P) people at risk of mass-atrocity crimes…The US military intervention touches all the necessary bases of legality, legitimacy and likely effectiveness in meeting its immediate objectives.

Similarly, Alex Bellamy clarified the intervention’s second pillar nature by stating:

This US action to help protect Iraq’s civilians from ISIS sits squarely under pillar two of the Responsibility to Protect (R2P) principle, which relates to the international community’s responsibility to assist states to fulfill their responsibility to protect their populations…The use of force comes in response to a specific request for assistance from a member state—helping a state fulfill its R2P (as mentioned in paragraph 138 of the 2005 World Summit Outcome on R2P) and assisting a state under stress (paragraph 139 of the same agreement).”

Certainly, such assistance is a positive development for the Yazidi population, and a welcome example of the international community embracing its second pillar responsibilities. However, many challenges remain to permanently defeat the ISIS threat and to ensure all civilians are protected in Iraq.

 

A More Effective Pillar II Response

There is widespread acknowledgement that at the heart of the crisis is the political division between Sunni, Shia, and Kurds that has been fermented by Prime Minister Nouri al-Maliki’s sectarian form of governance, and prevented any unified response to extremism. In recognizing this reality, Obama reiterated a key tenant of the U.S. strategy when he authorized military action, stating that ultimately there can be “no military solution to the larger crisis in Iraq.”

It is worth noting again that while current U.S. action falls within the second pillar of RtoP, there are also non-military protection measures that can be taken. While this includes the financial and logistical assistance provided by European countries, additional contributions can include dialogue and mediation assistance to help Iraqis overcome divisive issues obscuring the path to reconciliation. It is also important that actors assess how their assistance affects the likelihood of the further commission of atrocity crimes, and that action is taken accordingly.

In this vein, the recent Security Council resolution that extended the United Nations Assistance Mission in Iraq (UNAMI) recognized the importance of dialogue and reconciliation and stressed the need for continued support to the Iraqi people, civil society and the Government in this regard.

International Crisis Group also recommends that “International recognition of Maliki’s legitimacy, or that of any successor, should be contingent on statesmanship, namely immediate and consequential movement on the reforms expected of him for years,” thus ensuring that the patterns of exclusion and repression are not repeated.

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Iraqi Yazidis receive assistance at the Newroz refugee camp. UK DFID.

RtoP’s second pillar also outlines a role for international actors to assist Internally Displace Persons when the capacity of the state to protect these groups is weak or non-existent. To this end, Amnesty International has encouraged an expanded effort to provide relief,  statingThe Iraqi central government, the Kurdish Regional Government, donor countries and international agencies must take concerted action to provide safe shelter and humanitarian assistance to men, women and children of all backgrounds forced to flee in the face of such ferocious brutality.”

The recent UN declaration that Iraq has reached a third level humanitarian emergency was made in hopes that it will “facilitate mobilization of additional resources in goods, funds and assets to ensure a more effective response to the humanitarian needs of populations affected by forced displacements.” It is now mostly up to the international community to provide this support.

Uniting to Protect Iraq’s Civilians

In Iraq, there remains a dual challenge of ensuring the immediate protection needs of threatened populations, and achieving a long-term political solution backed by a unified government, representative of all segments of society.  Maliki’s recent decision to step down after tension over the selection of Haidar Al-Abadi as his replacement is a positive sign of progress. Further pressure from the international community is needed to encourage Iraq’s leaders to set aside political and sectarian grievances and unite for the common cause of defending Iraq’s civilians from the extremist threat and averting an all out civil war. As UN High Commissioner for Refugees António Guterres warnedThere is no way humanitarians can clean up the mess made by politicians. What they really need is peace.

For more information on the crisis in Iraq, see the country pages by ICRtoP and the Global Centre for the Responsibility to Protect.

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Crisis in Nigeria: A Case for RtoP’s Second Pillar

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Protesters take to the streets of Abuja to demand the release of the abducted girls. AFP/Getty Images.

In recent days, there has been unprecedented international attention on the Boko Haram threat in Nigeria. Largely spurred by the appalling kidnapping of 276 schoolgirls from Chibok and the ensuing social media campaign #BringBackOurGirls, popular pressure has forced western governments to take notice and answer the Nigerian government’s request for assistance in their efforts to combat Boko Haram and rescue the kidnapped girls.

Such action is consistent with pillar II of the responsibility to protect (RtoP), which calls on the international community to provide assistance and capacity-building to states that are under stress and unable to protect their civilian population from mass atrocity crimes. Nigeria is a strong case for RtoP’s second pillar, as numerous sources have warned the despicable acts occurring in the country can amount to war crimes and crimes against humanity.

In a United Nations Security Council (UNSC)press statement, the Council condemned the Boko Haram attacks and stressed that “all perpetrators of such acts must be held accountable at national or international levels, and that some of those acts may amount to crimes against humanity under international law.”

Amnesty International echoed these concerns, based on interviews with residents, lawyers, human rights campaigners, and hospital staff, as well as satellite imagery. Netsanet Belay, Research and Advocacy Director for Africa stated that:

The escalation of violence in north-eastern Nigeria in 2014 has developed into a situation of non-international armed conflict in which all parties are violating international humanitarian law.  We urge the international community to ensure prompt, independent investigations into acts that may constitute war crimes and crimes against humanity.”

 

International Action

The 2009 Secretary-General’s Report “Implementing the Responsibility to Protect” suggests that pillar II assistance can take any of the following forms: (a) encouraging States to meet their responsibilities under pillar one; (b) helping them to exercise this responsibility;  (c) helping them to build their capacity to protect ; and (d) assisting states “under stress before crises and conflicts break out.” The report lays out a variety of tools for delivery that range from education and training, diplomacy, and development assistance, to military support and consent-based peacekeeping.

The type of assistance that has been forthcoming so far is mostly in line with the military option. This includes intelligence, surveillance, and technical support for hostage negotiations and counter-terrorism efforts offered by the UK, US, France, and China. On April 17, France hosted a security summit gathering regional African heads of state from Nigeria, Chad, Benin, Cameroon and Niger. Here, regional cooperation and information and intelligence sharing were emphasized as crucial mechanisms in the fight against Boko Haram.

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The Paris Summit for Security in Nigeria. Thierry Chesnot/Getty Images.

While these developments are welcomed, it would be wise to heed warnings about the limitations of such action. This type of technical military assistance – while a good short-term measure for rescuing the kidnapped girls – does not address the structural weaknesses of the Nigerian state, or the dubious human rights record of their security forces.

 

The Limitations of Military Assistance in Nigeria

Sarah Margon of Human Rights Watch offered a searing indictment of the government’s military response that reveals a stark conundrum:

The tactics of the government security forces are barely more palatable than those of the militants themselves. Nigerian security forces are known for raiding local communities, executing men in front of their families, arbitrarily arresting and beating people, burning residential property and stealing money while searching homes.

Meanwhile, in writing for UN Dispatch, Mark Leone Goldberg stressed the multi-dimensional nature of the crisis:

“#StrengthenInstitutionsofGovernance doesn’t quite roll off the tongue as #BringBackOurGirls but the fact is, the inability to deliver healthcare, security, education, and other basic services fuels the instability that gives rise to militant groups like Boko Haram

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A Nigerian soldier patrolling the streets of Baga in Borno State, April 30, 2013. Pius Utomi Ekpei AFP/Getty Images.

This demonstrates the complex challenge that faces efforts to assist the Nigerian state in combating Boko Haram and bringing stability to the country. In this sense, what is required is what is referred to in the 2009 Secretary-General’s report as “conflict-sensitive” development analysis to alleviate, and not exacerbate, conditions that may lead to mass atrocity crimes. Approaching the crisis through this lens reveals a need for what the Secretary-General describes as “…assistance programmes that are carefully targeted to build specific capacities within societies that would make them less likely to travel the path to crimes relating to the responsibility to protect.

In the case of Nigeria, provision of technical military assistance without sufficient attention to the egregious conduct of the state security forces, or underlying societal issues that  create the breeding ground for radicalism, risks becoming a mere “band-aid” solution. Worse, it may intensify conditions leading to mass human rights violations.

 

Conflict-Sensitive Pillar II Assistance: Recommendations from Civil Society

For truly effective pillar II assistance that will strengthen the Nigerian state’s ability to uphold its RtoP while simultaneously addressing root causes, several ICRtoP members and civil society groups have provided useful recommendations.

In the article mentioned above, Coalition member HRW recommends that in assisting the Nigerian government, the United States should follow their own federal due diligence laws to ensure that no military personnel accused of human rights violations are involved in operational planning or initiatives, while encouraging the Nigerian government to conduct impartial investigations of any personnel that have been involved in such crimes. According to Magnon, “To do any less might make the situation worse — and make the U.S. complicit in Nigeria’s abuses.” The same can be said for other states offering assistance.

International Crisis Group has called on Nigeria’s international partners to support domestic initiatives such as a Far North Development Commission, anti-corruption campaigns, small business investment and other programs that address poverty, youth unemployment and women’s lack of empowerment. Doing so will “switch from a mainly military approach to the challenge from Boko Haram, and radicalism in general, to one more attuned to root causes.” This is essential, as it has been noted that corruption and underdevelopment motivate Boko Haram’s youth recruits more than an extreme Islamist agenda.

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A UNDP-supported Nigerian school. Bridget Ejegwa/UNDP

From a regional standpoint, African civil society group African Women’s Development and Communication’s Network called on regional organizations such as the African Union and ECOWAS to provide “…substantive support to the Nigerian Government to address the underlying systemic issues, including the climate of violence and insecurity in which groups like Boko Haram thrive,” highlighting the importance of ensuring safe spaces for education and justice for crimes committed in accordance with the African Charter on Human and Peoples’ Rights.

A local Nigerian organization, The Network on Police Reform in Nigeria also stressed a multi-disciplinary approach to combating Boko Haram, while making specific recommendations to “engage the communities with a view to restoring/building public confidence and cooperation with the police/security forces,” emphasizing the crucial role of civil society in cultivating positive relationships.

Such recommendations are representative of a range of options that are more long-term and deep-rooted than military assistance alone.  They satisfy the different forms of second pillar assistance identified in the 2009 Secretary-General’s report, with a focus on such interconnected  issues  as socio-economic development, improving access to justice and the rule of law, and reform of the security sector. The latter was recently reaffirmed as a critical tool for conflict prevention in a UNSC resolution and linked directly to the state’s ability to uphold RtoP by Ban Ki-moon. This is particularly relevant in the Nigerian context, and in delivering appropriate second pillar assistance, context is everything.

For a detailed overview of the conflict in Nigeria within the context of the Responsibility to Protect, visit our recently updated crisis page.

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Whose side is the government on? Targeting of the Rohingya in Myanmar/Burma Leaves Civil Society Demanding Action

On 3 June 2012, the killing and reported rape of a Buddhist woman followed by the massacre of ten Muslims traveling in Rakhine state marked the beginning of a series of violent attacks against the Rohingya communities, their townships and residents in Myanmar/Burma causing widespread destruction of Muslim neighborhoods, mosques and villages and massive displacement. Human Rights Watch‘s (HRW) report All You Can Do is Pray, documents a number of violent incidences against the Rohingya, a minority Muslim population that has long been discriminated against in Myanmar/Burma and the region, since the attacks; including government backed “crimes against humanity” committed against them during a campaign of “ethnic cleansing”. Despite the government appointed Rakhine Commission’s attempt to provide recommendations for improving the ethnic tensions between the Rohingya and the Buddhist populations in Myanmar/Burma, the report failed to effectively tackle the discrimination against the Rohingya. Instead, authorities continue to reinforce the segregation of this population through discriminatory laws and practices that underpin their lack of citizenship and their mistreatment, while also ignoring the violent attacks on Muslim neighborhoods that have continued.

Civil society and UN actors point to the government’s involvement

Under the Responsibility to Protect (RtoP), it is the primary responsibility of the state to protect all populations from crimes against humanity, ethnic cleansing, genocide and war crimes, but in Myanmar/Burma, the government is not assuming this role. To alleviate this tension between the Rohingya minority and the Buddhist population, the Rahkine Commission, a 27 member body which was appointed in August 2012 to examine the causes of the violence between the groups, called for a doubling of security forces in Rakhine State. This is concerning given the number of reports pointing to the involvement of those tasked to restore order – the government, local security forces (including police, inter-agency border control and the army) – in the victimization of the Rohingya. At the United Nations (UN) level, UN Special Rapporteur for the Human Rights situation in Burma, Mr. Tomás Ojea Quintana has said Muslims were clearly targeted with brutal efficiency during attacks on property and the killing of a several Rohingyas. He went on to confirm he received reports of “state involvement in some acts of violence”, including military and police standing by while atrocities are committed as well as evidence of direct involvement of supporting well organized Buddhist gangs in their attacks. One of Burma Campaign UK‘s, latest reports concluded that the targeting of the Rohingya – which includes attacks based solely on identity and the implementation of a number of discriminatory laws, such as the 1982 Citizenship Law denying the population citizenship – violates at least eight international human rights laws and treaty obligations. The UN and a number of civil society organizations, including Amnesty International (AI) and Burma Campaign UK, have expressed concern over the lack of recommendations of the Commission to address issues related to impunity, and the discriminatory laws, as well as the state’s failure to stop “incitement of hatred and violence against Muslims.” The government has failed to address the root causes of the clashes between the groups and implement effective policies to tackle intolerance and promote religious and societal harmony, which, as the Global Center for the Responsibility to Protect (GCR2P) declares, shows that the government, is “failing their duty of the Responsibility to Protect.”

UN Under-Secretary-General for Humanitarian Affairs, Valerie Amos, visits displacement camps in Myanmar’s Rakhine State UN Photo/David Ohana

Quelling ethnic tension: Beyond the Commission’s recommendations

Civil society organizations have been at the forefront of demanding action and issuing recommendations to quell ethnic tensions, which vary from calling for the implementation of comprehensive reconciliation plans, urging the international community to pressure the government to reverse discriminatory policies, establishing an in-country office UN Office of the High Commissioner for Human Rights, and addressing the humanitarian situation with unrestrictive access for aid delivery. The most debated issues are how to end impunity and resolve the statelessness of the Rohingya population caused by the 1982 Citizenship Law, which does not recognize Rohingyas as one of the 135 legally recognized ethnic groups in Myanmar/Burma.

Calls for ensuring justice and putting an end to impunity

According to ALTSEAN-Burma, and Minority Rights Group International (MRG), the Commission has failed to hold accountable those responsible for the ethnic cleansing of the Rohingyas. Echoing this, Mr. Quintana stresses that holding to account those responsible will also be an integral part of restoring relations of trust and harmony between different ethnic and religious communities.” Group such as AI and GCR2Phave recommended impartial investigations to tackle the culture of impunity while HRW has more controversially called for “an independent international commission to investigate crimes against humanity.” At the government level, the United Kingdom is a little apprehensive to undertake such bold action, stopping short of proposing to set up an independent international investigation, but rather asking for the Myanmar/Burma government to conduct an “independent investigative work” to assess “whether ethnic cleansing and crimes against humanity have been committed” – a step Burma Campaign UK believes is useless unless it is an “international” investigation. Mr. Quintana, concerned about how accountability will be ensured going forward, supports AI‘s suggestions that in addition to ending impunity a “comprehensive reform of the security forces, including the establishment of robust accountability mechanisms, adequate vetting systems and training on relevant international standards, is also essential.”

Deciding on what it means to be Burmese

While accountability for past crimes is vital, preventing further tensions requires addressing the root causes of the problem as well. At the heart of the issue is the government’s 1982 Citizenship Act, which denies the Rohingya population national citizenship. Under international human rights standards no person can be left stateless and therefore this denied access is a form of discrimination that needs to be urgently addressed. As if statelessness was not enough, there are a number of other restrictive laws and tight regulations, including restrictions on travel, birth, death, immigration, migration, marriage and land ownership, that target the Rohingya and deny them basic rights guaranteed in international law. Civil society organizations, such MRG, were hoping the Commission would call for a review of the 1982 Citizenship Law; however, the government made it clear it has no intention to do so. In fact, the authorities seem adamant to continue the policies reinforcing the Two-Child Policy that controls the growth of the Rohingya population, an action that HRW declares “could amount to crimes against humanity” and as such must be publicly revoked immediately. Burma Campaign UK‘s approach is different, believing that a cultural change is just as important as the reversal of the discriminatory laws. According to the organization, the society needs to decide what it means to be Burmese and “there needs to be an acceptance that Burma is a multi-ethnic and multi-religious country and people from different ethnic groups can live side by side.”

The Responsibility to Assist

RtoP outlines that it is also the responsibility of the international community to assist in building the capacity of states to ensure the protection of populations against any of the four crimes and violations. For the Asia-Pacific Center for the Responsibility to Protect, this should be in the way of building the capacity of Myanmar’s/Burma’s authorities to manage ethnic relations and inter-faith communal dialogue. Others, like the GCR2P, are calling for the international community to pressure the government to prioritize the development of a comprehensive reconciliation plan to engage ethnic minorities. Targeting the European Union, Burma Campaign UK, and MRG have urged the bodynot to lift sanctions against the government and have encouraged that diplomatic relations with Myanmar/Burma must remain limited. Meanwhile, the European Parliament adopted a resolution condemning the persecution and violence of the Rohingyas, and requesting the revocation of the discriminatory polices. Regardless of the action that has been taken or called for, as Burma Campaign UK points out, the international community must remind the government of their international commitment to the responsibility to protect, and to put pressure where needed to demand action to protect populations.

Going forward: Protection free of discrimination

While RtoP outlines the obligations of all governments and the international community to to protect populations from atrocities, in the case of Myanmar/Burma, amounting evidence suggests more needs to be done to ensure such protection. As UN Special Advisor on the Prevention of Genocide, Adama Dieng, said in his March 25 statement on the crisis, there is a considerable risk of further violence if measures are not put in place to prevent this escalation.” As many civil society groups have said, both the international community and the Myanmar/Burma authorities need to come together and implement measures to prevent future crimes and address the underlying issues that foster the continued discrimination against the Rohingya; however, exactly how this is to be done remains unclear and debated. As AI declares, what is certain is that “the Myanmar authorities are responsible for ensuring protection of people, their homes and livelihoods. While doing so, they must ensure protection of all communities without discrimination.”

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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.

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A “Responsibility Not to Veto”? The S5, the Security Council, and Mass Atrocities

A bloc of small countries – the so-called Small-Five or S5, comprised of Costa Rica, Jordan, Liechtenstein, Singapore, and Switzerland – was forced to withdraw their draft resolution at the United Nations General Assembly (UNGA) on 16 May, which sought to amend the working methods of the UN Security Council (UNSC).

Among other measures that were aimed at “enhancing the accountability, transparency, and effectiveness” of the UNSC, a notable element of the S5 resolution recommendation No. 20 that urged the Permanent Members (P5) of the UNSC – Britain, China, France, Russia, and the United States – to agree to refrain from using their veto power to block collective Council action to prevent and halt genocide, crimes against humanity and war crimes. As the S5 stated in their 4 April speech to the UNGA, in which the bloc introduced the resolution, their work stems from the commitments made at the 2005 World Summit:

“The recommendation #20 to refrain from using the veto to block action in situations of “atrocity crimes” (genocide, war crimes, crimes against humanity) is in line with the 2005 World Summit resolution which states, in its paragraph 139, that the, “international community, through the United Nations, also has the responsibility to use the appropriate diplomatic, humanitarian, and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.”

The idea of such restraint on the Council’s veto power in situations of mass atrocities was expressed in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), the ground-breaking document that first articulated the Responsibility to Protect (RtoP, R2P). As the report stated:

“An issue which we cannot avoid addressing, however, is that of the veto power enjoyed by the present Permanent Five. Many of our interlocutors regarded capricious use of the veto, or threat of its use, as likely to be the principal obstacle to effective international action in cases where quick and decisive action is needed to stop or avert a significant humanitarian crisis. As has been said, it is unconscionable that one veto can override the rest of humanity on matters of grave humanitarian concern. Of particular concern is the possibility that needed action will be held hostage to unrelated concerns of one or more of the permanent members – a situation that has too frequently occurred in the past.”

As such, ICISS recommended that the UNSC agree to a “code of conduct” with regards to their veto power. Citizens for Global Solutions (CGS) , an ICRtoP member, has explored this notion of a code of conduct, or a “responsibility not to veto” (RN2V) further in a 2010 paper that seeks to advance the understanding of the initiative and the RtoP. As CGS’s paper explains:

“Momentum for the idea of a responsibility not to veto continued in the debates leading up to the World Summit in 2005. However, the final version of the outcome document did not address any measures that would limit the P5’s veto powers in relation to situations of mass atrocities.  According to accounts of the long process of drafting the outcome document this particular omission was due in large part to P5 pressure.”

Despite its omission in the 2005 World Summit Outcome Document, the idea for an RN2V would re-emerge with the UN Secretary-General’s (UNSG) 2009 report, Implementing the Responsibility to Protect, with Ban Ki-moon stating:

“Within the Security Council, the five permanent members bear particular responsibility because of the privileges of tenure and the veto power they have been granted under the Charter. I would urge them to refrain from employing or threatening to employ the veto in situations of manifest failure to meet obligations relating to the responsibility to protect, as defined in paragraph 139 of the Summit Outcome, and to reach a mutual understanding to that effect.”

Despite the endorsement by the UNSG and the efforts of the S5, as well as the work of civil society in advancing the RN2V concept, the veto has remained a complex issue in formulating collective responses to situations of mass atrocities, as evidenced recently by the situation in Syria. On two occasions over the course of the government-led crackdown, China and Russia employed their veto powers (on 4 October 2011 and 4 February 2012) to block Council action aimed at resolving the crisis, which were widely believed to have been employed as an expression of their respective national interests in the situation, and their concerns over the implementation of Resolution 1973 in Libya.

And as Colum Lynch at Foreign Policy noted on 15 May, the S5 draft resolution led to a rift within the UN, pitting the bloc of small countries and the supporters of their resolution against members of the P5, which felt the resolution would impede their prerogatives. Ultimately, the RN2V and other provisions in the S5 resolution would not be voted on, as the S5 dropped their motion as the UNGA was set to meet. As Lynch writes in his 16 May post on his Foreign Policy blog:

The U.N. secretary general’s top lawyer today effectively killed off an initiative by five small U.N. member states to press the U.N. Security Council to allow greater outside scrutiny of its actions…the initiative failed after the U.N.’s lawyer, Patricia O’Brien, recommended that the resolution require the support of two-thirds of the U.N. membership, rather than the simple majority required for most U.N. General Assembly votes.

Lynch explains further:

Under the U.N. Charter, a General Assembly resolution requires the support of a simple majority, unless it involves particularly “important questions,” like an amendment of the U.N. Charter, in which case it would require a vote by two-thirds of the General Assembly. But in 1998, the General Assembly passed a resolution declaring that the assembly would not adopt any resolution “on the question of equitable representation on and increase in the membership of the Security Council and related matters” without a two-thirds majority.

According to Lynch, the Swiss representative to the UNGA withdrew the motion when this recommendation was made, suggesting that the S5 bloc did not have the support of two-thirds of the Assembly on its resolution.

Ahead of the consideration of the S5 resolution by the UNGA, the ICRtoP – as well our partners at the Coalition for the International Criminal Court (CICC) – sent a letter to all Heads of State and Ministers of Foreign Affairs on 14 May expressing its support for recommendation No.20. The letter from the ICRtoP stated:

[…] this provision reflects the historic decision in the 2005 World Summit document which states that the international community, through the UN, has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means to help protect populations from genocide, war crimes, and crimes against humanity; and that when a  state is manifestly failing, the international community has a responsibility to take timely and decisive response, including measures authorized by the Security Council under Chapter VII…Tragically, almost every year and even at present the international community witnesses Council deliberations where use of the veto (or its misuse) is inconsistent with these provisions – a situation that this measure in the resolution attempts to address…This recommendation within the S-5 resolution would enhance the goal for preventing and ending impunity, and strengthen the responsibility of States, the international community, the UN and the Security Council to prevent and stop the commission of these crimes.

The RN2V remains an important initiative that will likely continue to be advanced at the UN and in national capitals by like-minded governments, often working in tandem with an engaged and supportive civil society, that strive to ensure that early and flexible responses to protect populations are available to the international community when faced with cases of mass atrocities. While the withdrawal of the S5 resolution may have been a setback, and current Security Council practice dictates that a “responsibility not to veto” is far from being accepted by the P5, the RN2V idea is certainly here to stay.

Further reading:

Global Action to Prevent War: Small-5 Propose GA Resolution on Improving Working Methods of the Security Council

“Small Five” Challenge “Big Five” Over Veto Powers – IPS News Agency

 

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