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Wolfgang S. Heinz German Institute for Human Rights, Berlin

Wolfgang S. Heinz German Institute for Human Rights, Berlin. UN Security Council and Human Rights? The example of Peacekeeping operations. Öffentliche Veranstaltung "UN-Sicherheitsrat: Arbeitsweise und Einflussmöglichkeiten" 15.02.2011. Why is this an issue?

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Wolfgang S. Heinz German Institute for Human Rights, Berlin

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  1. Wolfgang S. Heinz German Institute for Human Rights, Berlin UN Security Council and Human Rights? The example of Peacekeeping operations Öffentliche Veranstaltung "UN-Sicherheitsrat: Arbeitsweise und Einflussmöglichkeiten" 15.02.2011

  2. Why is this an issue? • The Human Rights Community conventionally • looks at the UN Human rights system in Geneva, • ie • to the Human Rights Council, its 39 special procedures, 3 additional special mechanism etc., plus 9 treaty bodies • It looks and knows much less about the UN in New York, i.e. • Third and sixth Main Committee of the UN General Assembly • - Plenary meetings • UN Security Council • Admittedly -- it is much more difficult to follow events in new York, let alone be present in New York.

  3. Proposed Schedule • UN Security Council and • Human Rights (1) • The SC: • - has powers to impose sanctions which no human rights body has been entrusted • - includes more and more reference to human rights in its resolutions since 1990s • addresses some of the same serious country situations as the Human Rights Council does (Sudan, Sri Lanka, Congo, Côte d’Ivoire etc.) • could use the concept of responsibility to protect (R2P), but has rarely done so (controversial issue)

  4. Proposed Schedule • UN Security Council and • Human Rights (2) • - Decides on the mandate of PK operations • includes reference to human rights in 2 out of 3 PK operation mandates • - Thematic resolutions on • -- Children in armed conflict (SC 1261/1999; 1612/ 2005) • -- Role of women (SC 1325/2000, 1820/2008, 1888 and 1889/2009, 1960/2010) • -- Civilians in armed conflict (1265/1999; 1674/2006)

  5. UN Security Council: • Mandate of PK operations • Some key questions: • How to protect civilian population? • What is the separation of roles between the host government and the UN PK operation? • How to deal with “spoilers”? • How to react to human rights allegations by members of the local population? Who investigates, who informs, how ensures accountability? Proposed Schedule

  6. Proposed Schedule • UN Security Council • Examples for PK operations mandates 1: • Sudan/UNAMID, UN SC Res. 1679/2007: • „…15. Acting under Chapter VII of the Charter of the United Nations: • (a) decides that UNAMID is authorised to take the necessary action, in the areas of deployment of its forces and as it deems within its capabilities in order to: • (i) protect its personnel, facilities, installations and equipment, and to ensure the security and freedom of movement of its own personnel and humanitarian workers, • (ii) support early and effective implementation of the Darfur Peace • Agreement, prevent the disruption of its implementation and armed attacks, and protect civilians, without prejudice to the responsibility of the Government of Sudan“

  7. Proposed Schedule UN Security Council Examples for PK operations mandate 2: Sudan/UNMIS, UN SC Res. 1590/2005: „…To assist the parties to the Comprehensive Peace Agreement in promoting the rule of law, including an independent judiciary, and the protection of human rights of all people of Sudan through a comprehensive and coordinated strategy with the aim of combating impunity and contributing to long-term peace and stability and to assist the parties to the Comprehensive Peace Agreement to develop and consolidate the national legal framework; To ensure an adequate human rights presence, capacity, and expertise within UNMIS to carry out human rights promotion, protection, and monitoring activities“

  8. Proposed Schedule UN Security Council Examples for PK operations mandates 3: DR Congo/MONUC UN SC 1291/2000: …To facilitate humanitarian assistance and human rights monitoring, with particular attention to vulnerable groups including women, children and demobilized child soldiers, as MONUC deems within its capabilities and under acceptable security conditions, in close cooperation with other United Nations agencies, related organizations and non-governmental organizations; UN SC 1565/2004: …to ensure the protection of civilians, including humanitarian personnel, under imminent threat of physical violence,

  9. UN Security Council Examples for PK operations mandates 3: DR Congo/MONUC (continued): UN SC 1856/2008 Protection of civilians, humanitarian personnel and United Nations personnel and facilities - Ensure the protection of civilians, including humanitarian personnel, under imminent threat of physical violence, in particular violence emanating from any of the parties engaged in the conflict; - Contribute to the improvement of the security conditions in which humanitarian assistance is provided, and assist in the voluntary return of refugees and internally displaced persons; - Ensure the protection of United Nations personnel, facilities, installations and equipment; - Ensure the security and freedom of movement of United Nations and associated personnel; - Carry out joint patrols with the national police and security forces to improve security in the event of civil disturbance; Proposed Schedule

  10. UN Human Rights Field Operations: The Role of Human Rights components Overview Human rights field operations have become common at the beginning of the 90s: First examples were El Savador (ONUSAL) 1991, Guatemala (MINUGUA) 1993 and the OAS/UN joint human rights mission (MICIVIH) Haiti Operations which were not part of UN Peacekeeping operations : OHCHR presences: 1994 Rwanda, Colombia 1996, northern Uganda 2005, Nepal 2005 Plus UN Transitional Authority in Cambodia /UNTAC (human rights component) Joint UN/OSCE operations in Abkhazia, Georgia and in the Balkans Plus Civilian human rights components in Burundi, Central African Republic, DR of Congo, Eritrea/Ethiopia, Iraq, Afghanistan, Timor Leste, Georgia/Abkhazia, Tajikstan, Haiti – based on Security Council and General Assembly decisions and resolutions

  11. Military peacekeepers: Human Rights roles • - Protection of the civilian population • - Wide operational presence and detailed knowledge of area, movements, etc. • - Monitoring and reporting of violations • - Deterrent effect through their visible presence • - Armed capacity to stop abuses • - Positive example through their conduct

  12. Human rights conduct:Essential principles It is important for the deploying forces (e.g. German contingents) to keep in mind the essential principles on human rights conduct by peacekeepers: - International customary human rights law - United Nations Charter - International human rights treaties (ratified by the sending country and/or the host country), Protection and respect for victims and witnesses - Do not harm - Host country law - Secretary General's Bulletins (e.g. Observance By United Nations Forces Of International Humanitarian Law & Special Measures for Protection From Sexual Exploitation and Sexual Abuse) - UN Standards of Conduct - Rules of Engagement (ROE) - Standard Operating Procedures (SOP)

  13. Conclusions • All peacekeepers, whether civilian or in uniform, must be familiar with human rights concepts, principles and norms • Understanding human rights is necessary to perform peacekeeping functions effectively • Peacekeepers must respect human rights at all times • Respecting and protecting human rights helps the operation’s credibility and legitimacy • UN needs credible and effective complaint mechanisms for the local population - including of Troup Contributing countries (criminal investigations)

  14. Select Materials • Security Council Report, www.securitycouncilreport.org • 2) DPKO: Human Rights Protection in UN-Peacekeeping Operations (2009) • 3) Victoria Holt and Glyn Taylor: Protecting civilians in the context of UN peacekeeping operations (2009). Independent study jointly commissioned by United Nations DPKO/OCHA • Source: http://www.peacekeepingbestpractices.unlb.org/PBPS/Pages/Public/viewdocument.aspx?id=2&docid=1014 • 4) (in German): Wolfgang S. Heinz/Joanna Ruszkowska, UN-Friedensoperationen und Menschenrechte, Berlin; German Institute for Human Rights 2009 • Source: http://www.institut-fuer-menschenrechte.de/de/publikationen/sicherheit.html

  15. Select Materials (2) • 5) Jeannette Boehme, Human Rights and Gender Components • of UN and EU Peace Operations,Berlin; German Institute for • Human Rights 2008 • http://www.institut-fuer-menschenrechte.de/de/themen/sicherheit/schwerpunkte/friedensmissionen.html

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