Providing Security to Forced Migrants and Humanitarian Operations Lydia Mann-Bondat

“An opportunity has been regained to achieve the great objectives of the Charter - a United Nations capable of maintaining international peace and security, of securing justice and human rights and of promoting, in the words of the Charter, "social progress and better standards of life in larger freedom".” “An opportunity has been regained to achieve the great objectives of the Charter - a United Nations capable of maintaining international peace and security, of securing justice and human rights and of promoting, in the words of the Charter, "social progress and better standards of life in larger freedom".” Boutros Boutros Ghali, An Agenda for Peace, 1992 “[The 1990s is a] decade of voluntary repatriation.” “[The 1990s is a] decade of voluntary repatriation.” UNHCR High Commissioner Sadako Ogata, June 26, 1992

Facts There are approximately 50 million refugees in the world today About 20 million fall under the responsibility of UNHCR, the UN agency with an international mandate to assist and protect refugees About 20 million fall under the responsibility of UNHCR, the UN agency with an international mandate to assist and protect refugees 30 million others, largely the internally displaced, have no international organization or international law mandated to protect and assist them 30 million others, largely the internally displaced, have no international organization or international law mandated to protect and assist them Civil conflict, natural disasters, ethnic and political battles, breakdowns in public order, and individual persecution all cause civilians to flee their homes Civil conflict, natural disasters, ethnic and political battles, breakdowns in public order, and individual persecution all cause civilians to flee their homes

Characteristics of Conflict Zones Proliferation of non-state, armed actors (including UN) Proliferation of non-state, armed actors (including UN) Civilians seen as legitimate targets of war Civilians seen as legitimate targets of war Frequent mass movements of populations, both refugees and IDPs Frequent mass movements of populations, both refugees and IDPs International political involvement International political involvement Presence of large numbers of aid workers with many affiliations Presence of large numbers of aid workers with many affiliations

Responsibility The nation state is the actor most able to prevent or resolve armed conflict in another country or their own The nation state is the actor most able to prevent or resolve armed conflict in another country or their own Nation states are responsible for protecting civilians and upholding standards of international humanitarian or human rights law on their territory Nation states are responsible for protecting civilians and upholding standards of international humanitarian or human rights law on their territory

International Intervention When governments are unable or unwilling to protect civilians on their territory, international and/or regional organizations have come forward to: When governments are unable or unwilling to protect civilians on their territory, international and/or regional organizations have come forward to: Provide humanitarian aidProvide humanitarian aid Dispatch peacekeepers or civilian policeDispatch peacekeepers or civilian police What governments have NOT done is to: What governments have NOT done is to: Develop and/or use conflict prevention measures, sufficient arms controls, norms setting, and early warning systemsDevelop and/or use conflict prevention measures, sufficient arms controls, norms setting, and early warning systems Create credible deterrents to or sanctions for attacks on forced migrants or humanitarian aid workersCreate credible deterrents to or sanctions for attacks on forced migrants or humanitarian aid workers

Public Security A breakdown in public security is the primary problem facing civilians during a humanitarian emergency A breakdown in public security is the primary problem facing civilians during a humanitarian emergency Collapse of state structuresCollapse of state structures Lawlessness, banditry, and crimeLawlessness, banditry, and crime Attacks on civilians and aid workersAttacks on civilians and aid workers Diversion of aid for conflict purposesDiversion of aid for conflict purposes Civilian police are trained and qualified to maintain public security Civilian police are trained and qualified to maintain public security Military actors are ill-trained and ill- equipped for public security responsibilities Military actors are ill-trained and ill- equipped for public security responsibilities

Civilian Police (CIVPOL) Responsibilities Responsibilities Monitoring, training, and mentoring of local police forcesMonitoring, training, and mentoring of local police forces Investigating human rights abusesInvestigating human rights abuses Reforming and/or establishing local police forcesReforming and/or establishing local police forces Protecting UN staffProtecting UN staff Assisting in refugee returnAssisting in refugee return CIVPOL are traditionally unarmed and therefore rely on the force of example as an impartial, professional force to gain the respect of local communities, governments, and armed forces CIVPOL are traditionally unarmed and therefore rely on the force of example as an impartial, professional force to gain the respect of local communities, governments, and armed forces

Challenges CIVPOL forces are CIVPOL forces are Often not approved by UN member statesOften not approved by UN member states Often ill-equipped and ill-trainedOften ill-equipped and ill-trained Enter conflict with little background knowledgeEnter conflict with little background knowledge Experience cohesion problemsExperience cohesion problems Unarmed actors in highly dangerous situationsUnarmed actors in highly dangerous situations

Solutions Greater training in IHL and IHRL Greater training in IHL and IHRL Provide clear, robust and enforceable mandates Provide clear, robust and enforceable mandates Sufficient resources and personnel Sufficient resources and personnel Create standing UN police force Create standing UN police force

International Military Actors UN peacekeepers UN peacekeepers Regional forces (ECOMOG, NATO) Regional forces (ECOMOG, NATO) Coalitions of the willing (Afghanistan) Coalitions of the willing (Afghanistan) Mercenaries/PMCs Mercenaries/PMCs

Critical Point When violence reaches a certain threshold, tactics of humanitarian actors, CIVPOL and diplomacy will be either insufficient to stop conflict or likely to take time

Challenges Mandates Mandates Resources Resources Military/Humanitarian Collaboration Military/Humanitarian Collaboration International Political Will International Political Will

Solutions Reform of UN Peacekeeping Reform of UN Peacekeeping Strengthen Regional Peacekeeping Forces Strengthen Regional Peacekeeping Forces Regulation of Mercenaries or Private Military Companies (PMCs) Regulation of Mercenaries or Private Military Companies (PMCs) Explore Use of European Constabulary Forces Explore Use of European Constabulary Forces

Role of Humanitarian Agencies Security of Forced Migrants Security of Forced Migrants Security of Aid Workers and Humanitarian Aid Security of Aid Workers and Humanitarian Aid

Security of Forced Migrants Sexual and Physical Violence Sexual and Physical Violence Sexual Exploitation Sexual Exploitation “Do No Harm” “Do No Harm” Small Arms Small Arms

Security of Aid Workers and Humanitarian Aid Comprehensive and Flexible Security Plans Comprehensive and Flexible Security Plans Cooperation and Coordination Cooperation and Coordination UNSECOORDUNSECOORD UNHCR Humanitarian Security OfficersUNHCR Humanitarian Security Officers Accountability Accountability International Criminal Court (ICC)International Criminal Court (ICC) TribunalsTribunals

Major Recommendations Governments Governments Greater Use of Conflict Prevention, Resolution and Management ToolsGreater Use of Conflict Prevention, Resolution and Management Tools Strengthen Support for the International Criminal Court (ICC)Strengthen Support for the International Criminal Court (ICC) Understand and Separate Police and Military RolesUnderstand and Separate Police and Military Roles Create a Standing UN Police ForceCreate a Standing UN Police Force Reform UN and Regional PeacekeepingReform UN and Regional Peacekeeping Regulate Mercenaries/PMCsRegulate Mercenaries/PMCs

Major Recommendations Humanitarian Agencies Humanitarian Agencies Attention to SecurityAttention to Security Coordination and CooperationCoordination and Cooperation “Do No Harm”“Do No Harm” Civilian CapacitiesCivilian Capacities