1. 1 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

2. 2 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 

3. 3 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

4. 4 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

5. 5 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

6. 6 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 non- combatants  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

7. 7 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

8. 8 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

9. 9 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

10. 10 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

11. 11 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

12. 12 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]

13. 13 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

14. 14 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

15. 15 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

16. 16 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

17. 17 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

18. 18 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

19. 19 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

20. 20 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

21. 21 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

22. 22 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

23. 23 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 and 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

24. 24 Challenges for protecting civilians during PSO’s C hallenges 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

25. 25 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