THE PROTECTION OF CIVILIANS DURING PEACE-KEEPING OPERATIONS BY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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