Presentation to the JSCD 24 October 2008 Peter Daniels Research Unit Parliament of the RSA

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Challenges for protectingcivilians 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. 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. 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

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