Reviewing the Whole Question of UN Peacekeeping Operations

Transcription

1 Reviewing the Whole Question of UN Peacekeeping Operations Topic Background United Nations Peacekeeping Operations are rooted in Chapter VII of the United Nations charter, adopted at the birth of the organization, wherein the courses of action available to the UN in the event that serious threats to global peace are presented. Article 41 and 42, in particular, illustrate the enforcement powers of the UN: they afford the UN Security Council with the authority to take action against aggressors and those who would seek to disrupt the peace, including the severance of economic or diplomatic ties. However, Article 41 expressly forbids the Security Council from resorting to armed force in the name of peace. How is it, then, that the Security Council finds the authority 1 to deploy Peacekeeping forces in times of crisis? The UN is not capable of using Peacekeepers as a sort of army of peace that they may deploy across the globe to bring to order the most dangerous humanitarian catastrophes in contemporary affairs, the Peacekeeping operations also cannot be used as a tool of enforcement that the UN can exercise to bring states in line with its decisions. What then, is the primary function of Peacekeeping forces, if not to act as an armed force of the international community? The answer can be determined from the three principles guiding every Peacekeeping operation as defined by the UN Department of Peacekeeping Operations, which are: Consent of the Parties, Impartiality, and Non-Use of force except in self-defense and defense of the mandate. Consent of the parties and non-use of force are fairly self-explanatory but may serve to greatly illustrate how Peacekeeping forces operate. For example: Consent of the Parties means that Peacekeeping forces may not be deployed to a state without the explicit consent of the state in question, or, in times of conflict, without the consent of the parties to the conflict. The UNDPKO explains that this consent is needed or else a Peacekeeping operation risks becoming a party to the 1 Chapter VII, June 17, 2015,

2 conflict, and being drawn towards enforcement action, and away from its fundamental 2 role of keeping the peace. Peacekeepers are also explicitly barred from using offensive force in all circumstances. Despite being armed, UN forces cannot use their weapons except in self-defense, or in defense of the mandate as laid out in the UNDPKO s peacekeeping principles. These rules intentionally keeps Peacekeepers useless as an offensive force and limits the use of their weapons to only certain circumstances. It is unlikely to see Peacekeeping operations resemble a regular military maneuver. Instead, Peacekeepers are often deployed to do exactly what their name suggests: keep the peace. Peacekeepers may be 3 deployed to enforce ceasefires, or peace treaties between parties in conflict zones, 4 sweep previous conflict zones for mines or protect civilians. Peacekeeping should be understood not as an instrument of force meant to enforce peace between parties in conflict, but as a tool to support and enhance already existing peace processes and to ensure that peace is kept in states that have agreed to support it. While the constraints that the UN has placed on its Peacekeeping forces certainly reflect a number of international political realities (it is unlikely that any state would vote to grant the UN authority to take offensive action with military force), it is certainly valid to question how these constraints might impair the effectiveness of Peacekeeping forces. Can Peacekeepers effectively enforce their mandate while still abiding by the consent of their host state and restricting their use of offensive force? Certain cases, such as the UN s Peacekeeping response to the 1994 Genocide in Rwanda seem to prove that this is not the case. If Peacekeepers are too constrained by international policy, how then might they have their operational abilities expanded in such a way that avoids making them politically unacceptable to the member states at large? It is important to note that there have been widespread concerns and allegations of misconduct and abuse being perpetrated by forces operating under the UN flag. Abuses perpetrated by UN forces against the people they are supposed to be protecting are obviously massively damaging to the prestige, reputability, and trustworthiness of the United Nations, but they also undermine the ability of future Peacekeeping operations to effectively carry out their mandates. How can the UN effectively keep the peace if the accountability and trustworthiness of its own forces are compromised? Past International Action An important aspect to note of the UN Peacekeeping Operations is the question of UN Peacekeeping Operations with regards to their continued accountability to the principles 2 UNDPKO, Principles of Peacekeeping, United Nations Peacekeeping, accessed July 31, 2018, 3 UNDPKO, Building Rule of Law and Security Institutions, United Nations Peacekeeping, accessed August 1, 2018, 4 UNDPKO, Protecting Civilians, United Nations Peacekeeping, accessed August 1, 2018,

3 and codes of conduct that the UN holds them to. Cases of sexual abuse and Peacekeeper misconduct, in general, serve not only to undermine the reputability of the UN as an organization and its ability to uphold peace but also represent a heinous human rights violation perpetrated by those in power against those they are mandated to protect. There have been a number of measures taken by the Secretary-General and the Security Council to investigate, enforce, and punish abuse perpetrated by Peacekeepers. In 2015, issues of sexual exploitation and abuse by Peacekeepers were brought to the world s attention through a series of media reports on alleged abuses perpetrated by Peacekeepers deployed to the Central African Republic. The following year, then Secretary-General Ban-Ki-Moon issued a report and set of recommendations pursuant to General Assembly resolution 57/306. The report contained a detailed breakdown of which abuses were being perpetrated by which categories of personnel, as well as general figures for allegations of abuse against UN staff in the field. The report found that, between 2010 and 2013, a total of 243 allegations were deemed to have been presented with enough evidence to warrant investigation. Investigations substantiated 38% of the allegations presented, of which 43% were determined to have been sexual 5 abuse, and 44% sexual exploitation. The Secretary-General recommended a number of measures to be put in place to combat the issue. Some of his solutions included a reappraisal of pre-deployment training programs, strengthening of vetting mechanisms, risk assessment of complex operations to identify areas where potential abuse may take place, and community outreach and education to ensure that local populations in operational areas understand their rights in regards to abuse, and further understand how to effectively report it. The Secretary-General did, however, note that it remained a challenge to effectively distribute training materials to Peacekeeping forces given that the bulk of their military or police training occurs within the national institutions of the countries that supply Peacekeepers. Furthermore, the Secretary-General identified that National staff members who are included in UN operations from the country that the operation is taking place in are often not systematically vetted for prior abuses. Secretary-General Guterres has identified combating sexual abuse among UN staff as a priority for his office, and one of his key objectives during his tenure as Secretary-General of the UN. Action taken by the Secretary-General has focused on enforcing a cultural shift in regards to abuse and misconduct at the United Nations, including a prioritization of a zero-tolerance policy, the establishment of a high-level probe and task force regarding the issue, and a prioritization of the rights of victims in cases of abuse. The Secretary-General has further stressed that member states must also demonstrate their commitment to enforcing these standards if the problem is to be 5 Ban Ki-Moon, Special Measures for Protection from Sexual Exploitation and Sexual Abuse (UN General Assembly, February 13, 2015), df.

4 6 entirely eradicated. Delegates should consider how they might pursue action to reduce the occurrence of Peacekeeper abuse in all cases, and what new measures might be put into place to achieve that goal. Additionally, the effectiveness of UN Peacekeeping operations has been called into question in light of certain international failures that cast doubt on the reliability of Peacekeeping as an institution. Instances such as Haiti and Rwanda, in particular, have caused some observers to question the efficacy of Peacekeeping, and the problems it may bring with it. In Haiti, one of the longest running UN Peacekeeping operations, UN forces were largely blamed for introducing cholera to the island after the 2010 earthquake, which resulted in the death of an estimated 9,000 Haitian citizens. Following the outbreak, the UN was notoriously slow in issuing compensation and a 7 formal apology, leaving a less-than-ideal legacy. During the genocide in Rwanda of 1994, the process of raising troops was greatly delayed and ended up taking a total of five months to reach the authorized operational strength. Even at that number, the onset of the genocide in April of 1994 found Peacekeepers outnumbered and unprepared to act against the mass killings. A number of Peacekeepers were killed in action, and forces were unable to protect hundreds of thousands of civilians who would die in the coming months. The Security Council, realizing the gravity of the situation, authorized an expansion of the operations numbers up to a total of 5,500, but it took close to six months to reach the target, by which time 8 the genocide had ended. Possible Solutions In deciding which solutions to pursue delegates may wish to consider a number of factors. Regarding the issue of sexual abuse and general misconduct among peacekeeping forces, delegates may wish to research their own national militaries, and see how effectively or ineffectively sexual abuse is punished, and by which mechanisms. This would be especially important if the state being represented is a prominent source country for Peacekeepers, or if it is the site of an ongoing Peacekeeping operation. Delegates may also wish to research the systems the UN has in place regarding abuse, and decide whether or not they deem them to be sufficient to put the UN on the path towards a total elimination of sexual misconduct. Solutions of this angle can take many forms, including prevention in the form of vetting and training, the enhancement of 6 António Guterres, Special Measures for Protection from Sexual Exploitation and Abuse (UN General Assembly, February 15, 2018). 7 Carrie Kahn, U.N. Peacekeepers Withdraw From Haiti, After 13 Years There, NPR, November 13, 2017, ars-there. 8 UN, UNAMIR, accessed August 1, 2018,

5 punishment mechanisms, or the bolstering of reporting tools that can be used by survivors of abuse. Delegates should also evaluate what other resources might be available to them in addressing the issue of Peacekeeper abuse. NGOs like the Code Blue Campaign may provide a valuable source of information in regards to the issue and may be able to serve as independent, third-party research agents to gather data and make recommendations to 9 governments and the UN at large in pursuit of a permanent solution. In considering what adjustments may be made to the organizational or operational structure of Peacekeeping operations to enhance their effectiveness, delegates will need to be aware of the political realities surrounding Peacekeeping, and be careful not to exceed them. Delegates should consider that the majority of Peacekeeping operations are authorized by the Security Council. A good consideration that delegates may wish to keep in mind is whether or not their proposed changes to Peacekeeping Operations are likely to increase the frequency of vetoes from the Council s permanent members. All in all, delegates should consider the importance of Peacekeeping, where it succeeds and fails, as well as the areas where it may be improved. An improved Peacekeeping apparatus represents a better UN, and would greatly increase the organization s ability to uphold global peace. Further Research UN Peacekeeping Website List of Active and Past Peacekeeping Operations UN Charter, Chapter VII Secretary-General s Report on Misconduct Among UN Field Personnel Worksheet Questions: 1. What are the three principles that the UNDPKO uses to guide its operations? 2. What were some of the measures taken by Secretary-General Ban Ki-Moon to combat abuse among peacekeeping staff? 3. What are some difficulties that the UN continues to encounter in regards to combatting abuses perpetrated by Peacekeepers? 4. What aspects of the Peacekeeping missions in Haiti and Rwanda have been considered to be failed objectives? 5. How does the UN recruit Peacekeepers? 9 Code Blue, Code Blue Campaign, accessed August 1, 2018,