Category Archives: Security Council

#RtoPWeekly: 6 – 10 March

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New Evidence Suggests Saudi-led Coalition Endangering Civilians with Use of Banned Cluster Munitions in Yemen

New evidence this week collected and corroborated by Amnesty International indicates that the Saudi-led coalition has continued the use of banned cluster munitions in Yemen. In the most recent strike using the inherently indiscriminate weapons systems, the Saudi-led coalition is believed to have fired multiple bomblet-laden rockets into residential areas in the city of Sa’da, injuring two civilians and causing material damage. The attack was the third such attack using Brazilian made ASTROS II surface-to-surface cluster munitions documented by Amnesty International in the country.

Cluster munitions are weapons that scatter multiple smaller explosive sub-munitions over an expansive area with indiscriminate effects. Cluster munitions are additionally problematic as sub-munitions frequently fail to detonate upon landing, but remain live, effectively creating de facto minefields. The inherently indiscriminate nature of cluster munitions makes them a dangerous threat to civilians and most of all children. Civilians accounted for 92% of cluster munitions casualties between 2010 and 2014, half of whom were children. Due to their nature as weapons inherently harmful to civilian populations, cluster munitions were banned by the 2008 Convention on Cluster Munitions (CCM), which has been ratified by 100 states.

Neither Brazil, Saudi Arabia, nor Yemen are party to the CCM treaty however that does not free any of the parties from their lawful obligations to protect civilians from harm and refrain from the use of indiscriminate weapons or attacks under customary international humanitarian laws of war. As such, the Saudi-led coalition’s use of cluster munitions in crowded cities and populated areas could conceivably constitute war crimes.

Cluster munitions from other countries of origin have also been used by the Saudi-led coalition in attacks that have caused civilian casualties. Last year it was uncovered that some of the bombs being utilized by the Saudi-led coalition were British-produced BL-755 cluster munitions sold and exported prior to the UK’s self-imposed unilateral ban on the weapons and before its ratification of the CCM. The United States, which remains opposed to the CCM and has refused to sign the treaty, has also provided Saudi Arabia with cluster munitions and other arms in multi-billion-dollar arms trade deals. US manufactured bombs were used in several strikes causing civilian casualties last year, including a strike on a mosque that reportedly killed a 15-year old boy and a reported strike on a fishing village.

In 2016, ICRtoP member Human Rights Watch (HRW) documented at least 16 attacks on populated areas using ground or air launched cluster munitions in Yemen, killing and wounding dozens.  The attacks were part of the broader campaign of the Saudi-led coalition that has killed nearly 800 civilians in 58 unlawful airstrikes, according to HRW. In January the UN announced that the total civilian death toll from the conflict in Yemen broke 10,000.

*** Please note that there will be no RtoPWeekly 13 – 17 March due to the opening of the 61st Session of the Commission on the Status of Women at UN Headquarters in New York. However, we will resume publication with an update on these events and the crisis situations around the world the following week, 20 – 24 March. 


Catch up on developments in…

Burma/Myanmar
Burundi
CAR
DPRK
DRC
Iraq
Kenya
Libya

Mali
Nigeria
South Sudan
Sri Lanka
Sudan/Darfur
Syria
Yemen


Burma/Myanmar:

On Thursday, the UN Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, called on the United Nations Human Rights Council to create an international Commission of Inquiry (CoI) to investigate serious human rights violations in the country. The 47 members of the Council, which is currently holding its main annual session in Geneva, could adopt a resolution establishing the CoI before the session ends earlier this month.

Amnesty International and twelve other international human rights organizations submitted a joined letter to the Council last Friday in support of the recommendation of the United Nations High Commissioner for Human Rights (OHCHR), Zeid Ra’ad Al Hussein and Ms. Lee, to set up a CoI to investigate the alleged violations in Rakhine state during the security forces’ “clearance operations”, which, according to the 3 February 2017 OHCHR report, may “very likely” amount to crimes against humanity. The letter adds that previously established commissions on the issue have failed to investigate the alleged human rights violations.


Burundi:

On Saturday, thousands of people gathered in Burundi’s capital, Bujumbura, to protest against UN Secretary-General Antonio Guterres and the facilitator in the inter-Burundian crisis, William Mkapa. The government of Burundi wrote a letter to the UN Security Council (UNSC) claiming that the Secretary-General’s recent report on human rights violations in the country contains some unconfirmed facts.
Victims of the 2015 crisis in Burundi decided they are ready to collaborate with the International Criminal Court’s Commission of Inquiry and give their testimonies on what happened.
Later in the week, international and Burundian NGOs urged the UNSC to impose targeted sanctions, including travel bans and asset freezes against individuals responsible for ongoing serious human rights violations in Burundi. Human Rights Watch has claimed that the Burundian government is obstructing the UN Security Council and others, such as the African Union, which should “compel the Security Council to take strong action”.


Central African Republic:

The UN peacekeeping mission in the CAR has openly warned a rebel movement from impeding humanitarian access, claiming that any threat to civilians and peacekeepers is considered a war crime. According to Human Rights Watch reports, new armed groups have recently been emerging in the already volatile CAR.

According to aid agencies in the CAR, clashes between armed groups in the town of Bambari could soon escalate to into a “full-blown” conflict, resulting in thousands of civilians being forced to flee from their homes and triggering a humanitarian disaster. A new court in the CAR will work in tandem with the International Criminal Court to seek accountability for grave human rights violations committed in the country.


DPRK:

The International Coalition to Stop Crimes against Humanity in North Korea (ICNK) and Human Rights Watch (HRW) have expressed their support for the latest reports of a group of independent experts on accountability for human rights violations in North Korea and have called for the immediate application of the recommendations of the experts. Phil Robertson, deputy Asia director at HRW, added “The North Korean government and its leaders should face justice for their crimes against humanity, which continue to this day.”


Democratic Republic of Congo:

The Congolese government transitions continue to be delayed with the government again claiming that elections are too expensive and the country cannot financially afford them. The European Union (EU) warned the DRC that it will impose more sanctions if political and military leaders keep stalling or if they block a deal with the opposition. These sanctions would include freezing assets of officials and imposing travel bans on those involved in human rights abuses, inciting violence, and/or obstructing peace in the transfer of power. In December, the EU and the United States issued sanctions when a clash left 50 people dead.

Sexual violence has been on the rise in the DRC, with over 3,000 complaints received in 2016, versus 2,414 in 2015. However, this increase can be perceived as a positive step for the reporting of such acts, as it is said to be justified by the increase of the involvement of the military in addressing cases of rape. Rape victims are now feeling more comfortable filing complaints.

Later in the week, it was reported that the DRC has rejected the call from the UN to further investigate civilian killings in the central Kasai and Lomani provinces, stating that they are already conducting investigations which have included the findings of three mass graves claimed by militiamen from Kamwina Nsapu.


Iraq:

Iraq’s Interior Ministry has reported that 14,000 people fled western Mosul on Thursday, 3 March, amounting to the largest wave of internally displaced people (IDPs) since the US-backed operation in the city was launched on 19 February.

Also on 3 March, the United Nations Children’s Emergency Fund (UNICEF) reported that about 15,000 children have fled the city of Mosul, where government forces continue to fight the Islamic State (ISIL). The UNICEF Regional Emergency Advisor, Bastien Vigneau, said that the agency is providing immediate aid to children arriving from Mosul at the Hamam al Alil camp, 20km away from the city. Moreover, he underlined that, since the military operations against ISIL began on 17 October 2016, at least 874 unaccompanied or separated children have been identified.

On Sunday, heavy clashes between Iraqi forces and ISIL in western Mosul brought the number of people fleeing the fighting up to 45,000. Amid this spike in displacement figures, the United Nations High Commissioner for Refugees (UNHCR) is setting up new camps and expanding existing ones to shelter new arrivals. The newly opened Chamakor camp is ready to receive 6,600 people, according to a spokesperson of the UN agency. Currently, the UN has reported that there are 211,572 Iraqis displaced by the fighting in Mosul, excluding the 50,000 people already displaced since the military operations were launched.

Moreover, the UN Special Representative of the Secretary-General on Sexual Violence in Conflict, Zainab Hawa Bangura, visited the Girls and Women Support and Treatment Centre in Dohuk Governorate, in northern Iraq, where she met with survivors of rape and other abuses committed by ISIL. In calling for a multipronged approach from the global to the local levels to aid the survivors and their families, Ms. Bangura has discussed the need for such support with political and religious Kurd and Iraqi authorities.

On the ground, the military situation has evolved rapidly, with Iraqi forces moving deeper into western Mosul and edging closer to the Grand Nouri mosque, where the ISIL’s “caliphate” was proclaimed in July 2014. Iraqi Prime Minister Haidar al-Abadi has flown to the city to congratulate the troops, whose progress “has eclipsed the expectations of battle planners”. The Head of the elite Counter Terrorism Service (CTS) said on Thursday that the 100,000-strong array of Iraqi forces aims to push back ISIL militants from Mosul within a month.
As the US-led Iraqi military offensive to retake the western part of the city continues, the humanitarian coordinator for the UN Assistance Mission for Iraq, Lise Grande, said that up to 450,000 people are expected to arrive to the camps in the following days. She warned that there may not be enough space to accommodate all those fleeing their homes.


Kenya:

The Kenyan government signaled this week that it may withdraw from the International Criminal Court (ICC), after arguing that the ICC is biased against Africans.


Libya:

On Tuesday, the UN International Organization for Migration (IOM) said that fighting between rival people-smuggling gangs on Libya’s coast has killed 22 sub-Saharan Africans and wounded more than 100 people. These deaths come in addition to the 140 bodies found on Libyan beaches earlier this year, while there have been 477 deaths at sea on the route from Libya to the European Union.


Mali:

The peace process in Mali has been impeded as tensions continue to escalate between rival armed groups within the former rebel alliance, which is party to the 2015 peace agreement. Factions of the group have criticized the administration selected as the interim authority in Timbuktu and have prevented the installation of the interim authorities. Forces reportedly surrounded the city on Monday, preventing entry or exit. Witnesses also reported sporadic gunfire throughout the day. Timbuktu, along with other northern cities Kidal and Gao, is set to have an interim authority to pave the way for an election once the peace has been restored and the security situation has been stabilized.

Despite these setbacks, the UN, the African Union (AU), the Economic Community of West African States (ECOWAS), and the European Union (EU) congratulated the parties to the peace process for recent progress and urged them to continue with diligent efforts to resolve the obstacles in the region around Timbuktu. Additionally, the UN’s International Organization for Migration (IOM) is reportedly hopeful and has claimed that internal displacement in Mali could be resolved by the end of 2017 so long as there is not a resurgence in violence.

An attack on a military base killed eleven Malian soldiers in the most recent attack in the escalating campaign of violence by terror groups in the country seeking to interfere with the peace process.The process and the multi-actor peacekeeping forces may soon be under increased threat from the extremist groups in the country who have reportedly merged into a single organization and pledged allegiance to the leadership of Al Qaeda. The new group, comprised of formerly separate organizations, such as Ansar Dine, al-Mourabitoun, and Al Qaeda in the Islamic Maghreb, has reportedly taken the name Jama’at Nusrat al-Islam wal Muslimeen, which translates to Support of Islam and Muslims. It is yet unknown how this group plans to respond to the progress in the peace process made last week with the beginning of joint patrols. The announcement of the merger has caused some of Mali’s neighbours to take increased concern with the security situation in the country and Niger has reportedly declared a state of emergency in regions near its border with Mali out of fear of potential spillover.

The frequent recruitment and use of children as armed combatants and suicide bombers is becoming an increasing concern for peacekeeping operations and tempering the interest of prospective contributors of peacekeeping forces. The government of Canada, who has previously expressed interest in meaningful engagement with UN missions in Africa and who has been pushed by France to replace the contribution of Denmark that ended in December with 600 soldiers and 150 police, is reportedly re-accessing the idea of deploying forces to take part in the Mali mission due to concerns over the situation posed by child soldiers.


Nigeria:

Just days before the visit of the UN Security Council (UNSC) led by Ambassador Matthew Rycroft, Permanent Representative of the UK to the UN and President of the UNSC for March, three suicide bombings believed to have been orchestrated by the Boko Haram insurgency targeted a gas station in Maiduguri, destroying several fuel tankers. While the only casualties were the bombers themselves, one elderly woman, one teenage girl and a teenage boy, their deaths mark more lives taken by Boko Haram’s strategy of coerced suicide bombings that often target women and girls for forced recruitment. According to the Group Foundation for the Defence of Democracies (FDD), 123 women and girls have been used as suicide bombers, many against their will, by Boko Haram since the beginning of the group’s female bomber-based terror strategy in 2014. According to Human Rights Watch (HRW), Boko Haram has kidnapped around 2,000 women and girls since 2009, subjecting them to rape, slave labour, and forced marriages.

Documents reportedly obtained by British media outlets reveal that the Nigerian government under former President Goodluck Jonathan rejected an offer by the UK to rescue the kidnapped Chibok schoolgirls in 2014. In a mission named Operation Turus by the Royal Air Force, British planes conducted aerial reconnaissance over Nigeria for several months charting the movement of Boko Haram. The RAF reportedly had located the girls within the first few weeks and had gathered enough actionable intelligence to mount a rescue mission but the offer to rescue the girls was reportedly rejected by the Nigerian government under then-President Goodluck Jonathan. As of today 195 of the 276 girls remain missing. Former President Jonathan formally denied the allegations through a statement issued by his media aide on Sunday.

The Nigerian military also found itself denying reports this week when spokespeople issued a statement disputing the findings in Amnesty International’s yearly report for 2016. Amnesty has accused Nigerian military and police for the use of excessive force and unlawful killings against pro-Biafra activists.

Ambassador Rycroft’s delegation stated after their visit to the countries in the Lake Chad Basin, which included a stop in Maiduguri, that the only viable long term solution for peace and stability in Nigeria was through development. The UNSC ambassadors met with women sheltering in a camp of roughly 7,000 displaced persons who recounted the killings of their husbands and the abuse they had suffered at the hands of Boko Haram insurgents. Inadequate security for women and girls means they are still frequently victimized if they leave the camps.


South Sudan:

A South Sudanese opposition (SPLA-IO) official has said that SPLA-IO troops clashed with pro-government forces in Eastern Equatoria state after the latter allegedly attempted to attack their base. Lieutenant General Thomas Cirillo Swaka, a former army general who quit his position last month, announced he has formed a new anti-government rebel group, emphasizing resistance to the rule of incumbent President Salva Kiir.

UN Emergency Relief Coordinator, Stephen O’Brien, claimed that thousands of South Sudanese people will starve unless relief workers gain access to vulnerable populations and funds are increased. According to the UN, South Sudan’s government is blocking food aid and restricting UN peacekeepers. South Sudan has also increased the cost of aid work permits to $10,000, despite the fact that it is the first time the world has experienced such large scale famine in six years. On Monday, emergency food aid rations were dropped in famine-stricken areas of the country by the World Food Programme. About 1.5 million refugees have fled the fighting and famine in South Sudan to its neighbouring countries, the United Nations refugee agency (UNHCR) said on Thursday.

According to a recent report released by the UN Commission of Human Rights on Monday, South Sudan is experiencing ethnic cleansing and is on the verge of genocide. The UN Commission on Human Rights has stated that there has been a massive increase in human rights violations in the recent months and has called for further investigation. Villagers have accused government soldiers of going on a rampage in Oming area this week. However, Imatong State’s’ governor denied any of these allegations.


Sri Lanka:

The United Nations has criticized Sri Lanka’s “worryingly slow” progress on accountability for war crimes committed during the country’s civil war, which ended in 2009, during which thousands of Tamil civilians were killed by the country’s military. As serious abuses appear to remain widespread, the UN High Commissioner for Human Rights (OHCHR), Zeid Ra’ad al-Hussein, has called for accountability and justice in order to achieve a lasting peace.


Sudan:

Amnesty International has maintained its call for investigation into the alleged use of chemical weapons by the Sudanese military in Darfur. Amnesty has called on the Organization for the Prohibition of Chemical Weapons (OPCW) to launch a formal investigation into the alleged use of the illegal weapons on the civilian populations within Sudan.

On Thursday, President Omar al-Bashir pardoned 259 imprisoned rebel fighters in a move the president’s office claimed was intended to foster an environment for a lasting peace agreement. Three days prior, a spokesman for the army confirmed reports that the Sudan People’s Liberation Movement – North (SPLM-N), the rebel group that has been engaged in open conflict with the government forces in the Blue Nile and South Kordofan regions since 2011, had released 127 prisoners. The military spokesman called the move positive progress in the process towards peace.


Syria:

The Geneva peace talks have achieved some concrete results during last week. After the government delegation claimed that the High Negotiation Committee (HNC) opposition group was holding the talks “hostage”, as they disagreed over adding terrorism amongst the other items on the agenda. On Friday, the UN Envoy Staffan de Mistura announced the conclusion of the intra-Syrian talks, having secured a finalized agenda for another round to be held later this month. The opposition delegation has accepted the addition to the already existing three items on the agenda – the creation of an accountable government, the draft of a new constitution, and UN-supervised free and fair elections – an additional one related to strategies of counter-terrorism, security governance, and medium-term confidence building measures.

Meanwhile, the Russian-backed Syrian army said on 3 March it has recaptured the ancient city of Palmyra from the Islamic State (ISIL), after the terrorist group seized the city for the second time in a year during a surprise advance in December 2016. ISIL had already been driven out from Palmyra eight months before.

The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) said on Sunday that more than 66,000 people have been forced to flee fighting in northern Aleppo, ravaged in recent weeks by dual offensives on ISIL. An Al-Jazeera’s reporter, Natasha Ghoneim, said that in Gaziantep, on the Turkey-Syria border, there was a “growing humanitarian crisis”.
On Monday, the Syrian Democratic Forces (SDF), a US-backed mainly Kurdish group, have cut the last main road out of Rappa, the de-facto capital of ISIL, “completing the encirclement of Daesh by land”, a Kurdish military source said.

On Thursday, the Britain-based Syrian Observatory for Human rights said the US-led coalition launched airstrikes that killed 23 civilians, including eight children, in the countryside around the northern city of Raqqa. The warplanes struck the village of al-Matab, the Observatory underlined, adding that many air raids has also targeted areas east of the city. Moreover, the World Health Organization (WTO) has warned about the impact of these attacks on medical facilities and staff, adding that the country’s healthcare system is collapsing due to ongoing fighting.

Also on Thursday, a senior Trump administration official said that US Secretary of State Rex Tillerson is expected to host a 68-nation meeting in Washington on 22-23 March, in order to discuss strategies to fight the Islamic State.


Yemen:

The UN’s World Health Organization (WHO) was able to, for the first time since the beginning of the conflict,  deliver eight tons of medical supplies to the beleaguered medical facilities in Yemen’s third largest city, Taiz. The WHO estimates that 350,000 people are in current urgent medical aid in Taiz. The city has been besieged by rebel Houthi forces for nearly two years, causing shortages of food, water, and medicine and forcing the closure of 37 of the city’s 40 hospitals. The import and transportation of much needed supplies into Yemen, which is 90% reliant on imports for food and fuel, has been hampered by commercial ship fears of attack and the destruction of many of the port city’s key infrastructures.

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Filed under Burma, Burundi, CARcrisis, DRC, Human Rights, ICRtoP Members, Kenya, Libya, Myanmar, Nigeria, Peacekeeping, Post-Conflict, Prevention, RtoP, Security Council, South Sudan, Sudan, Syria, United States, Weekly Round-Up, Yemen

#RtoPWeekly 27 February – 3 March

UntitledSyria: Latest round of peace talks between government and opposition begin in Geneva

On 23 February, the Syrian government and opposition delegations gathered in Geneva to launch the fourth round of UN-sponsored intra-Syrian peace talks, led by the UN Special Envoy for Syria Staffan de Mistura. The discussions are aimed at finding a stable and viable political solution to a conflict which has already claimed the lives of more than 450,000people within the last six years.

The Geneva peace process, which takes place on the heels of the Russian, Turkish and Iranian co-sponsored multilateralmeetings held in the Kazakh capital of Astana, resumes after three unsuccessful diplomatic attempts that failed to end the Syrian crisis in 2012, 2014 and 2016. Moreover, renewed disputes over the agenda and long-standing disagreements between the warring parties have pushed de Mistura to downplay expectations for any major progress.

Difficulties in reaching a comprehensive solution also stem from the differences in political weight that the parties bear in the current diplomatic process. While sitting at the same table for the first time in six years, the opposition delegations could not be more distant from one another across a broad range of topics. The Assad delegation, headed by Syria’s Ambassador to the UN in Geneva, Ambassador Bashar Al-Jaafari, has gained a considerable military and political advantage following significant victories on the ground in 2016, namely the recapture of rebel-held eastern part of Aleppo. On the other hand, the opposition, bitterly divided by infighting, has continuously failed in presenting a united front in Geneva. However, both parties purportedly decided to add two fundamental issues to the agenda: the Syrian political transition, proposed by the opposition, and the fight against terrorism, proposed by President Bashar al-Assad’s negotiators.

In the meantime, on Tuesday, Russia and China vetoed a UN Security Council resolution aimed at imposing sanctions on the Syrian government over the alleged use of chemical weapons, claiming that it contradicted “the fundamental principle of presumption of innocence before the investigation is over”. It is the seventh veto Russia has put up against UNSC resolutions in the past five years in an effort to save its Syrian ally. China has also joined Moscow in vetoing six resolutions on Syria since the war began.

The following day, a UN Commission of Inquiry released a report accusing the Syrian government and its Russian ally of systematic destruction of healthcare facilities in east Aleppo, between July and December 2016. Moreover, the report held both the regime and opposition accountable for “war crimes of forced displacement,” due to the imposed the evacuation of the city for “strategic reasons” and “not for the security of civilians”. According to the Syrian Network for Human Rights, approximately 876 civilians were killed in Syria in February alone.


Catch up on developments in…

Burma
Burundi
CAR
DRC
Gaza/West Bank
Iraq 
Libya
Mali
Nigeria
South Sudan
Sudan/Darfur
Yemen
Other


Burma/Myanmar:

The UN Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, has urged the Burmese government to take action to stop human rights violations against the Rohingya population in the country. Lee met with members of the Rohingya community during a four-day visit to parts of Bangladesh, including the capital Dhaka and the town of Cox’s Bazar, after which she recounted allegations of terrible attacks against the Rohingya people, including indiscriminate shooting, gang rapes, and other sexual violence. Ms. Lee is set to release her full report to the UN Human Rights Council on 13 March.

Burundi:

UN Secretary-General Antonio Guterres has called upon all political stakeholders in Burundi to fully commit to peace negotiations led by the East African Community (EAC). Mr. Guterres also warned President Nkurunziza against seeking a fourth term in office, as doing so risks escalating the current political conflict and sabotaging all current efforts to find a durable solution.

The UN has removed Burundi army officer Major Nicolas Budigi from MINUSCA, the UN peacekeeping mission in Central African Republic, following allegations that he committed human rights violations in Burundi in 2015.

On Tuesday, the Burundi government rejected a new report recently submitted to the UN Security Council on the political and security crisis in the country, arguing that it states unproven facts.

On 24 February, women from the East African Community (EAC) established the East African women’s solidarity movement for peace and security in the region. Their objective in the setting up of this movement is advancing African women’s solidarity and seeking peace for Burundi.

Central African Republic:

MINUSCA, the UN peacekeeping mission to the Central African Republic, has successfully forced Ali Darrass, a warlord from the Muslim-majority Seleka region, to withdraw from Bambari. However, clashes among armed groups in the country has continued to hinder the delivery of aid to thousands of displaced civilians, especially in the Ouaka province.

Democratic Republic of Congo:

The Democratic Republic of Congo has said it will investigate a video that apparently shows government troops massacring civilians in the Kasai region, but only “as a precautionary measure”. On Thursday, another UN report stated that the DRC has used excessive force against people protesting President Joseph Kabila’s stay in office. The report also claimed that 40 people were killed during this protest.

Gaza/West Bank:

The Palestinian Center for Human Rights (PCHR) alleged in their weekly report that Israel launched a total of eight airstrikes, involving roughly 23 separate missile strikes, throughout their reporting period, damaging six houses, one mosque, and injuring one civilian along with three Palestinian officers. PCHR also reported a total of 47 civilians arrested in military operations and raids, including four children and  six individuals at a student-organized protest. Other incidents involving civilians alleged in the report include the wounding of an eleven-year old child by a rubber-coated bullet to the neck, the wounding of a child by the detonation of a bomb remnant, and the bulldozing of civilian properties. The Israeli Defense  Forces (IDF) reportedly conducted several raids into the occupied West Bank areas around Hebron and East Jerusalem overnight and early morning on Monday and detained 21 Palestinians, including one woman and at least one minor under the age of 18. IDF spokespeople did confirm Tuesday that operations were taking place in the area when they announced the wounding of a soldier in a the settlement of Efrat.

Human Rights Watch (HRW) published a report strongly criticizing Israel’s Unlawful Enemy Combatants law that was first introduced by the Knesset in 2002 and amended in 2008 as a violation of international humanitarian law and general legal norms of due process and rule of law. The law gives the IDF the ability to incarcerate any individual, based on the “reasonable cause” that they pose a threat to Israeli security, or if he or she is a member of “a force perpetrating hostile acts against the State of Israel.” The law provides little practical ability for judicial review and reverses the traditional burden of proof and presumption of innocence, obligating the accused to prove they are not a threat. HRW cited the case of Munir Hamada, the only one of the 16 Palestinian residents of Gaza incarcerated by Israel after its 2005 disengagement with Gaza under the law, as evidence of the weakness of judicial review available to interned civilians under the law. In the last review of his detention in December, which resulted in the court ruling in favor of another six month continuation of his indefinite incarceration, the decision was allegedly reached based on confidential intelligence reports that were not made available to Mr. Hamada’s legal counsel. In June of last year, the UN Committee Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment referenced Mr. Hamada’s case while urging Israel to repeal the law.

Iraq:

On Sunday, ICRtoP member Human Rights Watch (HRW) reported that Kurdistan Regional Government (KRG) forces have detained over 900 displaced men and boys fleeing ISIS since 2014. When interviewed, the detainees’ families said that KRG and Iraqi forces did not inform them of the detainees’ whereabouts nor facilitate any communication with them. Depriving detainees of any contact with the outside world and refusing to give their families useful information is a key indicator of the occurrence of enforced disappearances, which are violations of international human rights law, and can be international crimes.

The United Nations World Food Programme (WFP) agency said that more than 750,000 civilians living in the western sections of Mosul are facing an extremely dire humanitarian situation. The WFP’s Iraq Representative and Country Director, Sally Haydock, said families complain of skyrocketing food prices and the lack of access to food at all. So far, WFP has provided ready-to-eat food for more than 6,000 people, but has called on all parties involved in the conflict to “facilitate immediate and unimpeded humanitarian access to all Iraqis in need of assistance”.

The Iraq Chief of Mission of the International Organization for Migration (IOM), Thomas Lothar Weiss, said on Tuesday that thousands of internally displaced persons (IDPs) are arriving at Iraqi sites after fleeing Mosul, where government forces are fighting the Islamic State (SIL). Over 28,000 people have been displaced in the zone since the battle began on 19 February, the UN stated. According to Iraq’s Ministry of Migrations and Displacement (MoMD), the number should be put at 31,000.

Libya:

The Director of the European Union (EU) border agency Frontex, Fabrice Leggeri, accused NGOs of encouraging smugglers who profit from dangerous Mediterranean crossings. By rescuing migrants “ever closer to the Libyan coast”, Leggeri asserted that those groups allow traffickers to force more migrants onto “unseaworthy boats with less sufficient water and fuel than in previous years”. Aurélie Ponthieu, the humanitarian adviser on displacement at Médicins Sans Frontières (MSF), said that as a humanitarian agency, they could not wait “20 miles out to sea for boats that may pass by chance” because, she states, “there will be many more deaths”.

Earlier this month, the United Nations International Children’s Emergency Fund (UNICEF) published a report calling on Libya to protect children who are suffering from violence and sexual abuse at the hands of smugglers during their journeys towards Europe. The UN agency says that almost 26,000 children, most of them unaccompanied, have crossed the Mediterranean last year. In its report, UNICEF says violence is “widespread and systemic” at crossings and checkpoints.

Mali:

In a positive sign for the peace process in Mali, armed groups in the north of the country have reportedly agreed to allow interim authorities to be installed in three key towns in the north, including the town of Gao, which has been the center of the joint patrols.

UN forces have adopted a strategy of local cooperation in order to address the threat of extremist forces linked to al-Qaeda in the still-volatile north. Fighters linked to al-Qaeda are using suicide bombs, landmines, and car bombs to attack the peacekeepers and the Malians living in the town of Kidal. A commanding officer with the UN force has said cooperation between UN troops and local people has significantly improved the security situation and has already been helpful in preventing an attack which could have killed many.

Nigeria:

A military spokesperson claimed Wednesday that nearly 8,000 people had been rescued or arrested from Boko Haram strongholds through the month of February during the ongoing counter-insurgency campaign. As civilians have fled or been extracted from areas formerly controlled by Boko Haram, allegations of abuses and atrocities committed by the military have begun to proliferate. Survivors have reported arbitrary executions and the destruction of entire villages by soldiers ostensibly searching for Boko Haram fighters hiding among unarmed civilians. The reports have added to the growing record allegations against the Nigerian military for human rights abuses.

South Sudan:

According to the UN refugee agency (UNHCR), roughly 32,000 South Sudanese have entered Sudan since the start of 2017, with tens of thousands more expected to arrive due to fleeing the famine. Eugene Owusu, the UN humanitarian coordinator for South Sudan, urged all parties in the conflict to ensure immediate, safe, and unhindered access across the country, a week after famine was declared in parts of the country.

Rebecca Garang, former Presidential Adviser of South Sudan, urged President Salva Kiir to step down, saying he is responsible for the famine that hit the country and war crimes. According to a prominent member of the Jieng Council of Elders, South Sudan’s Transitional Government of National Unity could remain in power until 2021, as it still requires the restoration of national security and a permanent constitution (among many other things) before any elections can take place. South Sudan’s opposition People’s Liberal Party expressed its full support of the national dialogue plan that was set forth by President Kiir in December of last year.

Sudan:

The reported whipping and deportation of refugees in Sudan has reinforced calls on the European Union (EU) to halt its cooperation with the Sudanese government under President Omar al-Bashir. Members of the European Parliament, including the Vice-Chair of the Sub-Committee on Human Rights, have raised concern over the incident and called for a formal inquiry, noting the EU’s responsibility to not be complicit in state crimes and violations of human rights.

Hassan Saleh, First Vice President of Sudan and longtime ally of President Omar al Bashir, was appointed to the newly created position of Prime Minister by the President on Wednesday. The position of Prime Minister was created as part of the constitutional amendments negotiated by some of the opposition groups in December in an effort to dilute the presidency’s near complete political powers. It is the first time Sudan has had a Prime Minister since Bahir’s 1989 coup. Saleh is the last of the original group of officers who aided Bashir’s coup to remain by his side and is thought to be the most likely successor to Bashir if he keeps his promise to step down in 2020. Saleh will be retaining his post as First Vice President.

The joint African Union-UN assistance mission in Darfur (UNAMID) has launched a new campaign in a camp in West Darfur for displaced persons, entitled “No Child Soldiers – Protect Darfur”, in order to prevent the exploitation of children as combatants by the armed forces fighting for control of Darfur.

Yemen:

The inaccessibility for humanitarian aid groups in Yemen has continued to harm civilians. IRIN News visited a makeshift camp of displaced persons driven from Taiz city by the recent fighting; two elderly adults and three children have already perished in the camp from the cold, dehydration, and starvation. Stephen O’Brien, the UN emergency relief coordinator for Yemen, met with both sides of the ongoing war during a tour of the country, and proceeded to call upon both to allow more access to the country’s ports for humanitarian aid. Mr. O’Brien’s convoy was denied access to the contested city of Taiz on Tuesday due to security reasons, despite previous assurances of safety from all parties.

On Tuesday, the International Committee of the Red Cross (ICRC) said it has had to halt deliveries of aid to the contested Red Sea port city of al Hudaydah due to a lack of security assurances and the increased bombing of the city by Saudi-led coalition warplanes. Yemeni government and coalition forces have been pushing the frontline towards al Hudaydah after taking the port city of Mokha to the south several weeks ago. Yemen is almost entirely dependent on foreign supplies, as it imports 90% of its food, and the lack of security for aid agencies and importers in the ports as well as significant infrastructure damage has almost completely cut the country off from receiving food. This shortage is occurring while some 19 million are already in need of humanitarian assistance. Numerous voices have called on both sides of the conflict to allow access for food supplies, including the Humanitarian Coordinator for Yemen and now the ICRC.

Also on Tuesday, the United Nations Office of the High Commissioner for Human Rights (OHCHR) urged all parties in the conflict in Yemen to immediately release child soldiers. The UN has asserted that between 26 March 2015 and 31 January 2016, 1,476 children have been recruited into the armed conflict. The spokesperson for OHCHR, Ramina Shamdasani, said that, according to new reports, children are recruited without the knowledge of their families and that they join the fighting after “either being misled or attracted by promises of financial rewards or social status.” Amnesty International also reported on the recruitment of young boys as soldiers by the Houthi faction, citing several eyewitness accounts of recruitment.

According to the Pentagon, the US hit supposed al-Qaeda positions with over 20 airstrikes early morning Thursday. The Pentagon spokesperson did not comment on the expected death toll, but sources on the ground estimated roughly four to nine men, whom are believed to have been members of the al-Qaeda group in Yemen. The strikes come a month after the US raid on 29 January that killed multiple civilians, including several young children.The conditions created by the ongoing war in Yemen, including sectarian tensions, unrest, criminal enterprises, and a major security vacuum, have led some to suggest it may be the ideal haven for Islamic State (ISIL) elements pushed out of Syria and Iraq.

What else is new?

The ICRtoP is one of 26 organizations urging Ambassador Nikki Haley, the US Permanent Representative to the UN in New York, to support conflict prevention and peacebuilding in a joint letter by the Prevention and Protection Working Group. To read the letter, please click here.

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Filed under Burma, Burundi, CARcrisis, DRC, Human Rights, Myanmar, RtoP, Security Council, South Sudan, Sudan, Syria, UN, Uncategorized, UNMISS, Weekly Round-Up, Yemen

#RtoPWeekly: 20 – 24 February

Untitled

Sudan: UN Expert calls on government to protect civilians in Darfur

nonosiThe United Nations Independent Expert on the situation of human rights in Sudan, Aristide Nononsi, finished a 12-day trip tothe Darfur region of Sudan, speaking out about his findings this week. During his trip, Mr. Nononsi visited Adi Kong, a villagein the west of the Darfur region and spoke with the civilians living there. Voicing the concerns of the people of Adi Kong, Mr. Nononsi said they remain “anxious about the security situation in the area” and lack access to basic services like water, education, and health care. In his statement, Mr. Nononsi also made clear that it is necessary that the government, with the aid of its international partners, uphold their responsibility to protect civilians in the community.

During the same trip, Mr. Nononsi also traveled to the Sorotony Camp in the northern Darfur region, one of the many camps housing the hundreds of thousands of people displaced by the violence, where he found the security situation of those living in the camps to be “precarious”. Residents of the camp are continuously threatened by armed and criminal elements both inside and outside the camp. The lack of an adequate criminal justice mechanism and law enforcement institutions in the camp has seriously jeopardized the rule of law and put the residents at extreme and frequent risk of right violations and violence. In particular, Mr. Nononsi emphasized the situation faced by women in the Sorotony Camp, and the prevalence of sexual and gender-based violence. Between 27 January and 18 February nine rapes were reported in the camp and many other cases of sexual violence have gone unreported due to fear and the social stigmatization of rape. The correlation between impunity and the prevalence of sexual violence in the camp led Mr. Nononsi to make a statement urging “the Government, which bears the primary responsibility to protect civilians within its territory, to promptly conduct investigations to bring the perpetrators to justice.”

Mr. Nononsi addressed other human rights issues as well at the conclusion of his 12-day visit including encouraging the government release several civil society activists currently under arbitrary arrest and held without trial, one of whom may be held in retaliation for his contribution to the Amnesty International report alleging the use of chemical weapons by the government in Darfur last year, according to local media sources.

The situation in Darfur has become practically synonymous with humanitarian tragedy in the ongoing conflict that will be entering into its fourteenth year in 2017. Allegations of atrocity crimes and other human rights abuses committed against the civilian population of Darfur by the government and armed forces of Sudan have often been levied against the regime during its campaign against rebel forces in the western territory.  Rampant impunity has only worsened the situation as the state authorities have refused to exercise any of the five outstanding arrest warrants issued by the International Criminal Court for Sudanese nationals, including two separate warrants for President Omar al-Bashir for atrocity crimes in Darfur. The weakness of the rule of law in the country has also extended into the daily lives of the civilian population, particularly, as noted by Mr. Nononsi, in the camps for displaced persons in Darfur, where sexual violence, banditry and murder without justice have become commonplace.

Source for above photo of President Omar Al-Bashir of Sudan: UN Photo/Eskinder Debebe


Catch up on developments in…

Burundi
CAR
DRC
Gaza/West Bank
Iraq 
Libya
Mali
Nigeria
South Sudan
Sudan/Darfur
Syria
Yemen
Other


Burundi:

Alice Nzomukunda, the former Second Vice President of Burundi between 2005 and 2006, returned to the country on Monday after previously fleeing due to her criticism of the ruling government for corruption and abuse of its people. Her return is expected to have a positive impact on the government, which faced many accusations of abuses since the beginning of Nkurunziza’s third term in office, despite the constitutional two-term limit.

On 16 February 2017, Joyce Anelay, the British Minister in charge of human rights, announced that the UK will provide 2 million British pounds to Burundi after visiting the center in charge of victims of sexual-based violence in Burundi, SERUK.

Six civil society organizations associated with the Burundian government organized protests in the capital of Bujumbura as well as the town of Gitega on Saturday to protest the fourth round of Burundi peace talks in Tanzania. Exiled members of CNARED, the main Burundi opposition coalition, actively participated in the protests.


Central African Republic:

A joint statement issued by the UN, the Economic Community of Central African States (ECCAS), the African Union (AU), the Organization of La Francophonie (IOF), and the European Union condemned the acts of violence committed by armed groups in Bambari, as these actions have worsened the already alarming humanitarian situation there. The parties also demanded that these groups cease hostilities immediately. The UN peacekeeping mission in CAR, MINUSCA, also reinforced its presence in the city with additional troops, including a Quick Reaction Unit and Special Forces, in reaction to the increasing rebel activity in and around Bambari.


Democratic Republic of Congo:

On Monday, the UN High Commissioner for Human Rights, Zeid Re’ad Al Hussein, called upon the DRC to stop all human rights violations. He expressed that the military does not fix the root causes of conflict between the government and local militias; instead, it is only succeeding in endangering innocent civilians. In a video leaked this past weekend, government soldiers can be seen shooting citizens presumed to belong to the Muenza Nsapu village militia, an example of the types of attacks the UNCHR described. Zaid also stated that the government is responsible for ensuring its security forces protect human lives, rather than actively harming civilians. The DRC is currently ignoring demands for an independent investigation into the alleged executions of unarmed civilians by DRC troops in the Kasai region after a video emerged on social media of the soldiers shooting men and women.

On Sunday, Interior Minister Emmanuel Ramazani Shadari told reporters the DRC is moving away from a solely military solution, stating that “the state is envisaging political, traditional and humanitarian solutions on the ground.”


Gaza/West Bank:

On Monday, the Palestinian Center for Human Rights (PCHR) claimed in a press release that a total of seven death sentences – three at sentencing and four others on appeal – had been handed down by military courts in Gaza to civilians for alleged collaboration with Israel. Thus far in 2017 the military courts have sentenced 11 to death, with seven new convictions and four upheld from the previous year, creating a total of 103 death sentences in the Gaza Strip since 2007. In Amnesty International’s yearly report for 2016-17, entitled The State of the World’s Human Rights, allegations were imposed upon both the Israeli government and the Palestinian Authority ranging from summary executions, unlawful imprisonment, torture and failure to combat impunity for these and other crimes. Amnesty International also highlighted these crimes as endemic threats to civilians in the Occupied Territories.


Iraq:

On Monday, ICRtoP member Human Rights Watch (HRW) published documented cases of gender-based violence committed by Islamic State (ISIL) military forces against six Sunni Arab women living under ISIL rule. Several local and international organizations are trying to provide adequate mental health care and psychological support to the victims of sexual-violence, but aid-workers say that understaffed medical centers and inadequate psychological services are transforming the current situation into a complex and long-term challenge.

As Iraqi forces advance south and west of Mosul in the final stage of the battle to recapture the city from ISIL, aid organizations are seeking to set up emergency camps in order to absorb the hundreds of thousands of civilians that are expected to flee the city. However, as the renewed fighting is likely to displace up to 400,000 people, mostly children, the spokesperson for the Office of the UN High Commissioner for Refugees (UNHCR), Matthew Saltmarsh, said during a press briefing in Geneva that it will be nearly “impossible to accommodate such large numbers on existing land.” At present, the UNHCR has eight camps open or completed, which are ready to welcome people already suffering from shortages of food, water, fuel and medicine, with another camp under construction.

The US military commander in Iraq has affirmed that he believes that US-backed Iraqi military forces will be able to retake both Mosul and the Syrian city of Raqqa within the next six months. On Thursday, the Iraqi Counterterrorism service (CTS) and units of the interior ministry known as Rapid Response descended upon and stormed the ISIL-held airport of Mosul as well as the nearby Ghazlani military complex. Gaining control of this strategic site was allegedly one of the “major achievements that the Iraqi forces were hoping to get” in the first phase of their advance into western Mosul.


Libya:

On Monday, Libya’s Red Crescent recovered the corpses of 74 refugees from the beaches of Zawiya, a city located on the coast of the Mediterranean Sea. The demoralizing recovery follows the controversial refugee plan meant to stem the flow of refugees from Libya, which European Leaders agreed upon earlier this month. The bodies allegedly came from a shipwrecked raft, which was later found on the same stretch of shore, according to the Red Crescent’s spokesperson.


Mali:

The first joint military patrol left Gao Thursday morning in the first step to fulfilling the 2015 UN-brokered peace agreement between the rival factions in the country. The patrol was comprised of soldiers from the Malian army, Tuareg separatist militias, and pro-government militias, as well as forces from the UN peacekeeping mission and the French stabilization mission in Mali. Last month, while preparations were underway for what was to be the first of the joint military patrols mandated under the 2015 agreement, militants attacked the town of Gao and killed 77 people. With the successful deployment of the first joint patrol on Thursday, more are expected to take place in the coming weeks.


Nigeria:

Following further communal violence between Christian farmers and Muslim herders this week, resulting in 14 deaths, the government declared a 24 hour curfew in an effort to protect lives and the rule of law in the central regions of the country.

In its yearly report entitled The State of the World’s Human Rights, Amnesty International has accused the Nigerian government of a heavy-handed crackdown while combating extremism in the country, including forced disappearances and human rights abuses against journalists and the media, amongst others. Nigerian armed forces responded to these allegations with sharp denial and accusations of fabrication by Amnesty International.

Additionally, the UN humanitarian coordinator for the Sahel stated this week that more than seven million people are at risk of starvation in Nigeria’s northeastern region, which has been subject to the greatest levels of fighting between military and insurgency groups. Currently, the UN estimates $1.5 billion USD is needed to combat food insecurity in the region, and aims to have one-third of that total raised from donor states by the end of February 2017.


South Sudan:

The United Nations-mandated commission on Human Rights in South Sudan has called for “an international, independent, investigative mechanism for South Sudan to be set up” even before a hybrid court is set up, to look into and gather evidence of crimes committed throughout the conflict in the country.

South Sudanese President Salva Kiir publicly called upon members of the country’s opposition and partners to the 2015 peace deal this week to leave aside doubts and join him and his administration in the restoration of peace by uniting the population.

On Monday, the UN reported that in the northern central regions of South Sudan people are dying of starvation. The UN has issued a formal declaration of famine for parts of the country. The World Food Program (WFP) in South Sudan labeled the famine “man-made” due to the political and social turmoil since 2013. Unless food is provided, it is estimated 5.5 million people will experience extreme food shortage by this summer. As of today, it is estimated that 100,000 people are at risk of starvation, while 1 million are on the brink of famine. According to UN Secretary-General Antonio Guterres, the UN needs $4.4 billion USD by the end of March to avert a famine catastrophe in South Sudan, Somalia, Nigeria, and Yemen, but have only raised $90 million thus far.

In recent weeks, outgoing Chairperson of the African Union, Dr. Nkosazana Dlamini-Zuma, has expressed and reiterated increased concern for the deteriorating security situation in South Sudan, causing even more issues for internally displaced persons (IDPs) and refugees.


Sudan:

The Sudan People’s Liberation Movement – North (SPLM-N) announced on Wednesday, that the recent clashes with government forces in the contested South Kordofan region, which began Monday, have stopped. However, the SPLM-N has also alleged that government artillery has continued to shell SPLM-N positions in violation of the ceasefire. Both sides have remained formally supportive and committed to a ceasefire in the region while simultaneously each alleging that the other side has violated it.

On Tuesday, one of the rebel factions in Darfur, the Sudan Liberation Movement for Peace and Development (SLM-PD), became the most recent signatory to last October’s National Dialogue Document. The Document is intended to pave the way for a new permanent constitution for the state, but has been boycotted by many key opposition groups until such a time as confidence-building measures are implemented.

The decisions of the United Kingdom and other European Union (EU) states to engage with the government of Omar al-Bashir in efforts to curb the flow of migration into the European continent, has raised criticism from politicians on both sides of the aisle in London. The All Party Group for Sudan and South Sudan, a collective political campaigning group of Members of Parliament and members of the House of Lords from across party lines, released an advisory report last week, questioning the UK Parliament’s direction towards greater cooperation with the Sudanese government. The group argued that increased engagement with Sudanese President Omar al-Bashir, who is still the subject of outstanding arrest warrants issued by the International Criminal Court and whose government has been accused of numerous human rights abuses, jeopardizes the reputation of both the UK and the EU as forces supportive of human rights on the international stage.


Syria:

On 23 February, the latest round of UN-sponsored Syria peace talks began in Geneva. Ahead of these new negotiations, 40 human rights and other organizations said on Tuesday that, in order to reach a stable and long-lasting political solution for the Syrian people, participants should prioritize key human rights issues. These issues are namely to end unlawful attacks; to ensure humanitarian access and safe evacuation of civilians; to guarantee an appropriate mechanism for justice; and to reform the actual Syrian security sector. However, this round of negotiations has not begun under the best auspices. The ceasefire brokered by Turkey, Russia and Iran during the recent multilateral meeting in the Kazakh capital of Astana is already falling apart. The lack of ability to enforce a stable and long-term ceasefire and the weakening of rebel positions are making it increasingly less likely that there will be an agreed-upon political transition in Syria. The UN Special Envoy for Syria, Staffan de Mistura, also expressed low expectations for major progress during this planned round of negotiations. Conflicting agendas are not only dividing the government and the opposition, but also the different rebel groups from one another, as their positions have been weakened by infighting over the past month.

On Thursday, when the talks began, the rebel faction surprisingly called for “face-to-face discussions” with government representatives. As Salem al-Maslet, spokesman for the High Negotiation Committee (HNC), the umbrella group representing the opposition, has said, “it would save time and be proof of seriousness instead of negotiating in [separate] rooms”.

On Tuesday, the UN Resident and Humanitarian Coordinator for Syria Ali Al-Za’tari urged all parties to the conflict to promptly ensure safe passage for an estimated 5,000 civilians trapped in and around the town of Al-Bab in northern Syria. The UN has expressed “deep concern” over their fate, since that area remains under the control of the Islamic State (ISIL).


Yemen:

Vicious fighting continued this week between the warring parties in the Yemeni conflict along the coast of the Red Sea. Government forces have been driving towards the rebel-held port city of Al Hudaydah since capturing Mokha to the south, bringing the frontlines closer to the vital conduit for UN-supervised aid that passes through the city. Unexploded rockets have already landed inside the port of Al Hudaydah and airstrikes have destroyed many critical roadways and bridges, significantly impeding the transport of much-needed commodities, according to a statement on Tuesday by the UN Humanitarian Coordinator in Yemen, Jamie McGoldrick. Mr. McGoldrick also said in the statement that he was deeply concerned about the increased militarization along the western coast and the direct toll it is having on civilians.


What else is new?

The Conflict Prevention and Peace Forum (CPPF) has released a new manual on atrocity prevention and the Responsibility to Protect. This manual, entitled “Atrocity Prevention in a Nutshell: Origins, Concepts and Approaches,” outlines key concepts and considerations on approaches to genocide and atrocity prevention. It is broken down into different sections, each highlighting an important aspect to atrocity prevention and response.  To read the full manual, please click here.

 

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Filed under Burundi, DRC, Human Rights, ICRtoP Members, Libya, Nigeria, Prevention, RtoP, Security Council, South Sudan, Sudan, Syria, Syria Ceasefire, UN, Weekly Round-Up, Yemen

Backgrounder on Referral of Libya to the International Criminal Court

This infographic takes a look at international justice and responding to atrocity crimes by giving you a glance at the referral of Libya to the International Criminal Court. 

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Filed under African Union, Arab League, International Criminal Court, Justice, Libya, RtoP, Security Council, Third Pillar, Timely and Decisive Action, UN

Burundi: The Genocide at a Glance

The next addition to our series of infographics honoring  Genocide Awareness Month gives you a quick glance at a past genocide: Burundi

burundi

To read the full infographic, click here.

 

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Filed under African Union, Burundi, genocide, Justice, Security Council, Uncategorized

#R2P10: Reflections on the Responsibility to Protect at 10, Part 3: Unfinished Operational Work

The following is the third and final installment of Dr. Alex Bellamy’s introduction to the new RtoP at 10 Blog Series. While parts one and two focused on the conceptual and institutional issues facing the norm, the final addition posits that in the next decade, RtoP will be judged first and foremost on how it is operationalized. Read on for analysis regarding the primary challenges that will need to be overcome for effective RtoP implementation on the ground. 

 

Unfinished Operational Work

In its first decade, the progress of RtoP was judged mainly on its normative and institutional development. In its second decade RtoP will be judged on the difference it makes to people’s lives.

There are a number of reasons why this is a much more difficult challenge, among them the political complications that arise when states disagree about their priorities and the nature of the crises they confront. These challenges are compounded by the often quite limited influence that outsiders have on the conflicts that give rise to genocide and mass atrocities. Although concerted international action can sometimes prevent mass atrocities, the so-called “structural” or “root” causes of genocide and mass atrocities are often deeply ingrained in societies, economies and national institutions.  Whilst outsiders can play important enabling and facilitative roles, foreign assistance cannot by itself achieve structural change except through massive interventions that are rarely contemplated. Well-targeted programs can sometimes support local sources of resilience but cannot manufacture it out of thin air. At the later stages of a crisis, international actors can use punishments and incentives to persuade armed actors to refrain from committing atrocities, deploy peacekeepers to provide physical protection, provide humanitarian assistance and negotiate respites in the violence. These efforts can reduce violence and protect sections of the community but they will always struggle to provide comprehensive protection.

UNMISS peacekeepers guarding the Tomping protection of civilians site in South Sudan. UN Photo/Eskinder Debebe.

UNMISS peacekeepers guarding the Tomping protection of civilians site in South Sudan. UN Photo/Eskinder Debebe.

The problem is compounded by the fact that global demand for protection is already coming close to exceeding the global supply of relevant resources. With more missions, deployed with more peacekeepers, with more complex mandates, in more difficult environments, UN peacekeeping is already stretched to the limit. And with the developed world still recovering from the Global Financial Crisis there is little appetite for spending added money on saving populations overseas. After all, in an age of austerity governments have to make tough choices about their priorities – funding protection efforts overseas necessarily means that states have fewer resources with which to fund their domestic priorities.

When we think about the operational challenges associated with implementing RtoP, we should therefore be modest about what we expect the international community to achieve and the timeframes for achieving it. Some situations do not lend themselves to simple solutions or easily achievable remedies – they are simply too complex and too difficult. That does not mean that the international community should not do everything it can to protect vulnerable populations only that we should recognize that even with the best of intentions it will sometimes come up short because there is often no solution that suits everybody, equally.

How, then, do we start to close some of the most pronounced operational gaps? Three challenges in particular are worth highlighting.

 

Major Operational Challenges

First, the need to prioritize protection. Whatever else may be going on in a particular situation, when genocide, war crimes, ethnic cleansing or crimes against humanity are perpetrated or imminently apprehended, the overriding objective of the UN and its partners must be to protect populations from these crimes as far as it is possible to do. RtoP is not a “‘tool” to be employed to achieve other ends, but a master principle to which the energies of the UN, its Member States, other international and regional organizations, and individuals should be directed. The operational gaps will be filled only when RtoP is seen as fundamental to the way the UN and its partners do business.

In practice, this means that debates about how to respond to individual crises should focus squarely on what is needed to best protect the civilian population in harm’s way and that—as a matter of principle—protection needs should never be sacrificed to achieve other goals. This does not mean states should act without heed for the wider consequences. Nor does it remove the need to make difficult choices. In situations like Mali or Syria, for instance, where comprehensive protection cannot be provided without first ending a civil war, the prioritization of protection might dictate a strategy focused on ending the violence no matter what the cost to justice further down the road.

Free_Syrian_Army_soldier_walking_among_rubble_in_Aleppo

Free Syrian Army soldier walking among rubble in Aleppo. Voice of America News/Scott Bobb.

Prioritizing protection involves understanding when atrocities are likely and having the capacity to assess situations from an atrocity prevention perspective and devise strategies that can be resourced and implemented.  Although there is no sure way of guaranteeing adequate resources, governments tend to be more willing to support options backed by clear plans.  Developing a comprehensive strategy for prevention and promoting the mainstreaming of RtoP across the UN and its partners are two ways in which the institutional development of RtoP could support its operational development.

Among the more important practical challenges is overcoming the tendency to see RtoP as disconnected from associated programs of work in areas such as conflict prevention, peacebuilding, the protection of civilians, international criminal justice, and the protection and empowerment of women and girls. Thus far, practitioners and analysts have tended to treat these agendas as “solitudes” within the UN system because of their differences, rather than recognizing their overlapping issues and mutual interdependence. This has limited the international community’s ability to develop comprehensive responses to genocide and mass atrocities.

Second, we need to ensure that the international community delivers on the protection mandates it already has. This calls for the matching of means to ends. If our priority is to protect populations from genocide and mass atrocities it follows that the policies and strategies adopted should be aimed at achieving the greatest protection for the greatest number of people possible in the affected area and as quickly as possible. For instance, if the principal source of threat is a civil war, then means should be directed at ending it; and if the principal source is a particular armed group, then the means should focus on impeding its ability to commit mass atrocities or on persuading it to cease and desist; if perpetrators cannot be persuaded, deterred or neutralized, then the means should focus on facilitating the escape of potential victims or their in situ protection.

This involves something of a change in mindset and a commitment to the careful assessment of situations prior to the articulation of policy options. To close the operational gap, we need to make better use of the resources already provided by the international community through a more targeted approach. This involves understanding the nature of each protection problem and the most effective and feasible way of supporting as much protection as possible. Matching means to ends simply means understanding the causes of civilian suffering in each individual case, tailoring appropriate responses to address those issues, and ensuring that once adopted policies are properly resourced. This latter point involves more than just the level of material resources provided. It also involves building the expertise needed to conduct peacekeeping and other types of activities in ways that maximize their capacity to protect populations through doctrine, training, operational guidance, planning and the conducting of operations themselves. It also involves joined up thinking and policy responses across the UN system and its partners, in order to ensure that responses are comprehensive.

Third, we need to manage the controversies arising from the use of force and other means of coercion. The use of coercive measures remains deeply controversial. This, of course, is not unique to RtoP. Nor, by itself, is it undesirable. Coercion and force should be controversial. A key challenge is to improve the legitimacy and effectiveness of the Security Council’s performance. On this question, RtoP finds itself wedged between two positions. One, arising from Libya, holds that the Security Council and states acting on its mandates need to be held more accountable for their actions. The implementation of Resolution 1973 by NATO and its partners drew sharp criticism from states complaining that the Alliance overstepped its mandate. It is not surprising that as the Council becomes more proactive in its pursuit of RtoP, demands for political accountability are becoming more significant. Future agreement about the use of force to protect populations from genocide and mass atrocities will likely depend upon concomitant steps to address accountability questions such as those raised by the “Responsibility while Protecting” concept advanced by Brazil.

The United Nations Security Council approves Resolution 1973 authorizing a No-Fly Zone in Libya. UN Photo/Paulo Filgueiras.

The United Nations Security Council passes Resolution 1973 authorizing a No-Fly Zone in Libya. UN Photo/Paulo Filgueiras.

The other critical issue for the Security Council, arising from Syria, stems from calls for more decisiveness and demands for the restraining of the veto in situations where genocide and mass atrocities are perpetrated. It is not surprising that after four vetoes blocked action on Syria, demands for veto restraint have gained traction with some 60 states supporting French calls for an informal “code of conduct” or “statement of principles” aimed at limiting the veto’s use. But at least three of the permanent five members (China, Russia, United States) remain skeptical, meaning that the proposal is unlikely to be adopted any time soon though the dialogue surrounding it may well help to lift the political cost associated with exercising the veto when timely and decisive responses to genocide and mass atrocities are warranted.

Finding a balance between these twin imperatives – to do more to protect whilst ensuring better accountability – will be among the key challenges for the Security Council in the coming decade. For RtoP, much will hinge on the extent to which the Council succeeds.

 

Concerted Action Needed to Protect the World’s Most Vulnerable

In its first ten years, RtoP has emerged as an international norm. With only a tiny handful of exceptions, states accept RtoP and agree on its main components. The principle’s normative development has progressed apace and its institutional development is gathering pace, with the UN, regional organizations and dozens of states taking concrete steps to implement it.

If the first ten years of RtoP was primarily about this normative development, the next ten will be about its implementation and making a real difference to people’s lives. This will require concerted action to complete the unfinished conceptual, institutional and operational work of building a world less tolerant of conscience shocking inhumanity and more likely to protect the most vulnerable. That is our challenge for the decade to come.

ICRtoP thanks Dr. Alex Bellamy for his excellent contributions. If you have yet to read parts one and two of  the #R2P10 introduction, do so here and here. Be sure to stay tuned for more expert insight featured on the #R2P10 Blog Series. 

 

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Filed under Guest Post, Libya, Peacekeeping, RtoP, Security Council, Syria, Third Pillar, Timely and Decisive Action, UN

#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.

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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?”

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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.

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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.

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UN Peacekeeping: New Trends and Implications for Civilian Protection

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International UN Peacekeeping Day celebration in DR Congo. MONUSCO/Myriam Asmani

International peacekeeping is a vital tool in the United Nations’ proverbial ‘toolbox’ for upholding its Responsibility to Protect (RtoP).  May 29 was celebrated as International UN Peacekeeping Day to the refrain of “Force for the Future,”  kicking off a six-month initiative to raise political support for the modernization of UN peacekeeping with the hopes of further realizing its value and cost-effectiveness, and meeting the present realities faced by today’s ‘blue helmets’.

In the words of the Assistant Secretary-General for Peacekeeping Operations, Edward Mulet, “The world is changing. The threats are changing. The levels of conflict are changing in many places in the world…so we have to adapt and we have to evolve and we have to learn how to deal with these new challenges.”

These new challenges are linked to a number of features of modern conflict. Today’s conflicts tend to be intra-as opposed to inter-state, and disproportionately affect civilians populations who are often targeted by armed groups. Conflicts are becoming more complex and multi-dimensional, as are the threats they produce. Furthermore, it is common for operations to be launched in the midst of a conflict, where there is in fact no peace to keep. These developments are challenging the precepts that characterise what has been called the ‘holy trinity’ of ‘classical peacekeeping,’ namely: host-government consent, impartiality, and minimal use of force.

Protection of Civilians (PoC) and Other Evolving Trends

A recent report by the United Nation’s Office of Internal Oversight Services (OIOS) on the implementation of Protection of Civilian (PoC) mandates in UN peacekeeping operations touches on an important evolutionary characteristic of “modern” operations. The report notes that to date, thirteen UN peacekeeping missions have included a robust PoC mandate – nine of which are current. In addition, several have included an “all means necessary” stipulation under Chapter VII of the UN Charter.

The PoC agenda evolved from the same discourse that spawned RtoP and shares much of the underpinning legal and moral justification. Indeed, the two agendas reinforce each other in many ways. However, it is important to note that PoC and RtoP remain separate areas. A crucial distinction is that RtoP is narrowly focused on the four mass atrocity crimes of genocide, war crimes, ethnic cleansing and crimes against humanity. RtoP does not extend beyond these crimes, though it does extend to situations outside of armed conflict. On the other hand, PoC is narrowly focused on the protection of civilians in armed conflict, but applies to a larger range of human rights violations than just the four crimes. For more information on the distinctions and similarities between the two agendas, visit ICRtoP’s PoC information page.

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Brazilian peacekeeper on patrol in Haiti. U.S. Navy photo by Mass Communication Specialist 1st Class David A. Frech/Released)

Along with the proliferation of PoC mandates and Chapter VII authorizations, developments in the Democratic Republic of Congo (DRC) may be indicative of another new trend. United Nations Security Council Resolution 2098 established the UN ‘Force Intervention Brigade’ (FIB) in DRC, providing MONUSCO with the capacity and authorization to proactively engage in the protection of civilians through disarmament of Congo’s many armed groups, unambiguously approving the use of force with “targeted offensive operations.” The brigade played a decisive role in the defeat of the M23 movement last year. However, as it stands now, this remains an exceptional case and indeed was only agreed to by Russia and China on this condition.

 

How effective have PoC Mandates Been?

While it is important to continuously adapt to new challenges, it is also important to assess how these are being implemented in actuality.

On the issue of civilian protection, OIOS found several obstacles to the effective implementation of PoC mandates. Strikingly, the report found that, for a number of reasons, force is almost never used to protect civilians – even as a last resort and with legal authorization to do so. Such reasons include the interpretive viewpoint of mission commanders, an aversion to putting troops in harm’s way, a shortage of troops and resources, fear of consequence for the misuse of force, and confusion over how the notion of consent applies in instances where government forces appear to be instigating or perpetrating violence against civilians.

OIOS made a number of recommendations for improving this record, importantly pointing to the necessity of bridging operational understanding at all levels to mend the broken “chain” of activities designed to protect civilians. It also recommended reporting to the Security Council in the event that instructions are not fully carried out in regards to civilian protection, along with improved coordination between peacekeeping and humanitarian entities.

 

Security Council Holds Open Debate on New Trends in UN Peacekeeping

The open debate held on June 11, 2014 brought together troop, police and finance-contributing countries (TCCs, PCCs, and FCCs respectively) to discuss these findings, as well as other recent trends in UN peacekeeping.

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Head of Peacekeeping Operations Herve Ladsous, inspects an Unmanned/Unarmed Aerial Vehicle (UAV) for use in eastern DRC. MONUSCO/Sylvain Liechti

A concept note that preceded the debate highlighted technological innovations that have presented the UN with new tools for carrying out their mandates more effectively. This includes the use of Unarmed Unmanned Aerial Vehicles (UUAVs) and new medical and engineering equipment. Such technological innovation is said to“… contribute to the fuller implementation of mandates by peacekeepers and improved safety and security of personnel, as well as better situational awareness.” 

The note also mentions that missions have become much more multi-dimensional in nature, with military, police and civilian components deployed by various international actors existing simultaneously. This covers the full spectrum of intervention, from the brokering and monitoring of a ceasefire, to disarmament, reconciliation, peacebuilding and statebuilding activities.

Thus far, these have been implemented within a “fragmented policy and legal framework”, making consensus and standard guidance crucial – particularly as the time-honored principles of neutrality, consent and minimal use of force are being challenged.

Different Perspectives on Peacekeeping Developments

While 47 delegates made statements during the debate, a few samples from major TCC, PCC, and FCCs illustrate the scope of concerns.

As the third largest African troop and police contributing country, as well as the current Chair of the Security Council Working Group on Peacekeeping Operations, Rwandan Ambassador Eugene-Richard Gasana touched on some key issues. The Ambassador voiced his support for robust peacekeeping mandates stating:

“Given the nature of current threats to peacekeeping, Rwanda believes that the deployment of robust peacekeepers is essential to not only effectively protect civilians but also to protect themselves in increasingly hostile and volatile environments.”

However, he qualified this statement with the warning that:

“…we cannot expect peacekeepers to engage in robust peacekeeping tasks without necessary preparation and resources. If we do not have the ability to insert forces and to conduct casualty and medical evacuations or airlifts, then we have major problems and should not have deployed in the first place.”

On the question of new technologies, Gasana recognized its value as a key enabler, but simultaneously cautioned that, regarding the use of UUAV’s, “Questions still exist regarding control of information collected, confidentiality, and third party impartiality.” The concern over use and legalities were common themes among many member states.

United Nations peacekeeping operations

Secretary-General Ban Ki-moon delivers his remarks at the open debate on June 11, 2014. UN Photo/Paulo Filgueiras.

Ambassador Jeffrey DeLaurentis of the Permanent Mission of the United States spoke for the world’s largest FCC, and mirrored the concerns of other countries that insist the traditional model of peacekeeping is outdated. Like Rwanda, they were supportive of more robust peacekeeping mandates. The focus of their concern was on ensuring mandates are implemented as effectively as possible, particularly given the bleak findings of the OIOS report. Reflecting on this, the Ambassador lamented:

“At its essence, the report reveals a significant gap that has emerged between the commitments we set down on paper – which constitute a responsibility to act – and the way missions perform in practice. The larger this gap grows, the more vulnerable civilians become, and the less credible this organization and the peacekeepers representing it become.” The Ambassador urged consideration of the report’s conclusions.

Ambassador Asoke Kumar Mukerji, the Permanent Representative of India provided a different perspective. A noted skeptic of the expanding role of UN peacekeeping, India was particularly vocal in its opposition to the FIB:

In our view, such a mixing of mandates directly affects the operational effectiveness of the peacekeeping operation, exposing traditional peacekeepers to unnecessary threats from armed internal conflicts which the United Nations has not itself instigated.”  

Furthermore, India bemoaned the lack of funding and resources being volunteered for peacekeeping operations, particularly in complex and multi-dimensional environments:

On the one hand, the new mandates of UNPKOs are ambitiously drafted, running into many pages, as good governance templates. On the other hand, the very same pen-holders drafting these new mandates cavil at having to pay more money for peacekeepers tasked to implement these mandates.”

India’s comments represent a number of states who expressed similar reservations over the use of force and overly-ambitious mandates, seen as threatening classical peacekeeping.

Key Recommendations for Improvement

Though an outcome document has yet to emerge from the debate, it is possible to piece together some of the main recommendations to address concerns of TCCs, PCCs and FCCs alike. These include:

  • Inclusive consultations between the Security Council and the General Assembly to derive consensus on delicate issues, such as use of force, equipment and mission costs.
  • Providing clear mandates with standard operating procedures plainly defined.
  • Better communication at command and tactical levels to bridge the gap between planning and implementation.
  • A standard regulatory framework for the use of new technologies, such as UUAV’s.
  • Improvement of inter-mission cooperation to fill logistical and capacity gaps and leverage synergies.
  • Matching ambitious multi-dimensional mandates with adequate resource and funding commitments.
  • Continuing to recognize and create an enabling environment for activities that lead to sustainable peace and development – including incorporating a Women’s Peace and Security lens, security and justice sector reform, and dialogue and reconciliatory efforts.

Steps such as these could help reconcile the need for innovation and adaptability with the concerns of states that are leery of leading UN peacekeeping too far from its roots. Ultimately, this will ensure peacekeeping operations are better prepared and equipped to protect vulnerable civilians from mass atrocities, securing its status as a key tool in the RtoP toolkit and making it a true “Force for the Future.”

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In the Central African Republic, Urgent Challenges Mean UN Peacekeeping no ‘Silver Bullet’ Solution

On April 10, 2014 the United Nations Security Council (UNSC) passed Resolution 2149 authorizing a United Nations peacekeeping mission in the violence-stricken country of the Central African Republic (CAR). The negotiations in the lead-up represented months of calls to strengthen the African Union and France’s existing forces – known respectively as the African-led International Support Mission to the Central African Republic (MISCA) and Operation Sangaris – from UN officials, civil society organizations and the Transitional Authorities of the CAR.

Resolution 2149

The Security Council unanimously adopts resolution 2149 (2014), establishing  MINUSCA.UN Photo/Eskinder Debebe

The resolution authorized the transfer of authority from MISCA to the United Nations Multidimensional Integrated Stabilisation Mission in CAR (MINUSCA) effective as of September 15, 2014, while also reminding CAR’s transitional government of their primary responsibility to protect civilian populations. This has been hailed as a critical step in ending the chaos that has plagued the country since the Seleka military coup of March, 2013. The remarks of U.S. Ambassador Samantha Power immediately after its adoption were reflective of many:

“Today the Security Council took an important step toward bringing an end to the atrocities, inter-religious fighting, and humanitarian crisis in the Central African Republic by authorizing the establishment of a UN peacekeeping operation… Having just returned from CAR this morning, I can personally attest to the critical urgency of bringing more security to the Central African Republic.”

The resolution is also notable as the third reference of 2014 to the Responsibility to Protect in a Security Council mandate. However, this is no cause for premature celebration and certainly no ‘silver bullet’ solution.

At present, MISCA and French troops face a complex series of challenges that have prevented the proactive pursuit of their protection mandate and an end to the violence primarily being carried out by the Christian anti-Balaka against the Muslim population. These challenges will not vanish with the announcement of a UN peacekeeping operation, especially as its full mobilization is estimated to take several months. A close examination of parts of the new UNSC resolution reveals its robust and ambitious nature, but must also be considered through the lens of current efforts, noting that many of the same challenges facing MISCA and Sangaris will also await MINUSCA.

 

Miguel Medina, AFP

Chadian MISCA soldiers on patrol in Bangui. Miguel Medina/AFP

Protection of Civilians

Importantly, resolution 2149 commits MINUSCA to the protection of civilians, “without prejudice to the primary responsibility of the Central African Republic authorities… from threat of physical violence, within its capabilities and areas of deployment…”

The additional 10,000 troops and 1,800 police and gendarmes authorized for MINUSCA certainly have the potential to improve protection capacities. However, joint patrols and disarmament efforts by MISCA and Operation Sangaris have so far failed to protect vulnerable civilians and prevent the further breakdown of law and order.

An Amnesty International report  released in February warned that the ethnic cleansing of Muslims was underway and highlighted the failure of international and regional peacekeepers to prevent it.  MISCA and French troops have reportedly been reluctant to engage anti-Balaka forces and have also been largely limited to Bangui in their operational reach. As of April 3, the situation was largely unchanged. Human Rights Watch observed several attacks on small village communities, prompting a researcher to state:

“Peacekeepers are providing security in the main towns, but smaller communities in the southwest are left exposed…International peacekeeping forces should redouble efforts to prevent attacks and protect people from these horrific assaults.”

The latest United Nations High Commissioner for Refugees report estimates that about 632,700 remain internally displaced while another 316,918 have fled to neighbouring countries. Insecurity and the threat to the Muslim population remain so urgent that France and the United Nations have recently agreed to help facilitate their transfer to safer areas in the North and into Chad.

Secretary-General Ban Ki-moon has attributed many of these shortcomings to the fact that international peacekeepers are “under-resourced and overwhelmed”. A larger troop presence could encourage a more proactive pursuit of the civilian protection mandate, and the recent deployment of an 800-strong European Union ‘bridging force’ is welcome in this regard. However, in his six-point plan the Secretary-General has rightly called for more funding and logistical support to assist MISCA in the meantime. Likewise, Refugees International stated in a press release following the adoption of the resolution that:

“There are tens of thousands of vulnerable Central Africans who need protection and assistance…Clearly, a UN peacekeeping operation, once fully deployed, can contribute to peace and stability over the long term. But this mission will not address the atrocities, displacement, and dire humanitarian needs on the ground today.”

Accordingly, they have highlighted some priorities for assistance, including the deployment of additional police personnel to urban areas, increased logistical support in the form of air and ground mobility, the fast-tracking of civilian human rights and civil affairs officers, and increased funding for humanitarian aid.

 

Promotion and Protection of Human Rights and Support for National and International Justice and the Rule of Law

Two other important and related aspects of resolution 2149 are geared towards improving the human rights situation and ensuring justice and the rule of law. The mission seeks to do this by providing human rights monitors and support to the International Commission of Inquiry. It will also support and assist the Transitional Authorities in prosecuting those responsible for war crimes and crimes against humanity, including through cooperation with the International Criminal Court. The mandate prioritizes strengthening judicial capacities and human rights institutions, as well as building an accountable, impartial and rights-respecting criminal justice system.

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Bernard Acho Muna, Chairperson of the International Commission of Inquiry on the Central African Republic. UN Photo/Jean-Marc Ferré

These measures are necessary for ending the current environment of “total impunity” described by Ban Ki-moon. However, this has proven difficult for MISCA and Sangaris. Part of this is due to the fact that they have no reliable national partner on the ground.  There is currently no functioning justice system, and limited police and court proceedings. In a recent article for the Global Observatory, Marina Caparini outlined ways in which UN police peacekeepers can make a difference in ensuring justice and upholding the rule of law:

“International police contribute to the reform, restructuring, and rebuilding of host state police and law enforcement agencies, through the provision of material support and infrastructure such as the refurbishment of police stations, and through the transfer of knowledge via training, monitoring, mentoring, and advising…”

In the long-term, efforts such as this will be essential for developing the Central African state’s ability to carry out rule of law duties and protect the human rights of its citizens. However, Thierry Vircoulon, writing for Coalition member International Crisis Group, has identified the immediate deployment of police resources as an urgent priority, given the escalation in mob violence in Bangui and elsewhere.

 

Transfer from MISCA to MINUSCA

Lastly, it is worth highlighting issues surrounding the transfer of authority from MISCA to MINUSCA. Several obstacles regarding political frictions, the issue of vetting and due diligence, as well as funding and troop contributions have been flagged.

On the political front, Arthur Boutellis and Paul D. Williams point to past difficulties transitioning from the African-led International Support Mission in Mali (AFISMA) to the UN Multidimensional Integrated Stabilisation Mission in Mali (MINUSMA). Tensions were identified surrounding insufficient UN consultations with the AU, unclear sequencing, a lack of Security Council funding commitments, disagreement over the mission leadership, and negative AU perceptions of UN operations, which they perceived as too risk averse.

Such problems led Boutellis and Williams to conclude that, in the case of the AFISMA-MINUSMA transition, it revealed “considerable mistrust between the two organizations.” Currently, there is some indication that political tensions may also be arising in CAR, both between the AU and the UN, and MISCA and Sangaris. This could hamper efforts to get the mission off of the ground in a timely manner.

Press TV File photo

African Union troops dawn blue berets after transfer of authority from AFISMA to MINUSMA in Mali. Press TV/ File Photo.

Another noteworthy challenge will be the vetting and due diligence process to ensure that troops being folded into MINUSCA from the existing MISCA operation have not been involved in human rights abuses. Here, there is a dilemma, as the largest AU troop contributor – Chad – was recently involved in an incident in which Chadian peacekeepers opened fire indiscriminately on unarmed civilians. Chad has since withdrawn their troops, but regardless of whether Chad is part of the future UN force, ensuring that troops adhere to the highest standard of international humanitarian and human rights law according to the criteria outlined in the UN Human Rights Due Diligence Policy, is essential for the proper protection of civilians.

Lastly are the challenges of garnering sufficient funding and troop contributions. Commenting on both of these issues, Mark Leone Goldberg wrote for UN Dispatch that:

“Despite these high profile demonstrations of support, traditional donor countries have been relatively stingy when it comes to helping pay for these operations. A pledging conference for the African Union peacekeeping mission, known as MISCA, fell about $100 million short of its $420 million goal”

He goes on to note that the new UN mission will have a price tag of roughly $800 million – $1 billion.

On the issue of troop contributions, Goldberg also added that – without a standing army – gathering enough troops and police personnel could be a lengthy and uncertain process. On this he pointedly states, “If key UN member states make this mission a priority, it will get off the ground quickly. If they do not, it will languish.”

Many challenges to peace and stability remain in the Central African Republic; spite the news of a UN peacekeeping operation. However, if the international community is to successfully meet its potential “R2P moment of truth”, calls to immediately improve protection capacities must be heeded, political will must remain in abundant supply, and political, financial, and logistical challenges need to be overcome.

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