Tag Archives: ECOWAS

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

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

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

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

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

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

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

 

International Action

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

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

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

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

 

The Limitations of Military Assistance in Nigeria

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

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

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

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

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

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

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

 

Conflict-Sensitive Pillar II Assistance: Recommendations from Civil Society

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

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

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

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A UNDP-supported Nigerian school. Bridget Ejegwa/UNDP

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

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

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

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

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Filed under African Union, Human Rights, RtoP, Second Pillar

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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