African Union Commission: International Symposium on the Protection of Civilians in Conflict Zones

Transcription

1 African Union Commission: International Symposium on the Protection of Civilians in Conflict Zones The African Union Commission hosted the International Symposium on the Protection of Civilians in Conflict Zones from 3-5 March 2010 in Addis Ababa, Ethiopia. The Symposium, which was supported by the Government of Australia and chaired by Dr Salim Ahmed Salim, former Secretary-General of the Organisation of African Unity and former Prime Minister of Tanzania, brought together 110 high-level participants representing the AU Peace and Security Commission, representatives from UNAMID and AMISOM, the AU Regional Economic Communities, AU troop and police contributing countries, AU strategic partners, experts from the United Nations (DPKO, OCHA, UNHCR, UNICEF), the ICRC and civil society (NGO and academia) (a full list of participants can be found at Attachment A). The aims of the Symposium were two-fold. The first aim was to share knowledge and experiences in relation to the protection of civilians (POC). To this end, Ambassador Ramtane Lamamra, Commissioner for Peace and Security of the African Union Commission, delivered the keynote address. Additional presentations were made to the in relation to the protection efforts undertaken by AMISOM and UNAMID, as well as the ECOWAS Draft Code of Conduct for the Armed Forces and Security Services of West Africa, which addresses some issues relevant to POC. The Symposium also benefited from presentations from representatives from the UN system and humanitarian community. Each presentation made to the Symposium, and the plenary discussions generated by those presentations are outlined in this report. The second aim of the Symposium was to consider the African Union Draft Guidelines for the Protection of Civilians by Peace Support Missions (the Draft Guidelines) (Attachment B). The African Union (AU) with the assistance of the Australian Government s Asia Pacific Civil-Military Centre of Excellence, convened the Protection of Civilians AU Drafting Workshop from 7 11 December 2009 in Australia. The Workshop brought together 20 experts from the AU, the United Nations (the Department of Peacekeeping Operations (DPKO), the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), the United Nations High Commissioner for Refugees (UNHCR)), the International Committee of the Red Cross (ICRC), the Australian Government, the Henry L. Stimson Center, Act for Peace (an Australian NGO) and academia. The Draft Guidelines as prepared by the Workshop were divided into three key parts: The first outlines fundamental principles, including the definition of key terms. The second outlines best practice in relation to planning, mandating and supporting peace support operations. The third provides guidance in relation to the operationalisation of a POC mandate at the mission level.

2 Every effort was made to ensure that the Draft Guidelines reflect the values, principles, laws and conventions of the AU, particularly the Policy Framework for the Establishment of the African Standby Force. The Draft Guidelines were discussed in general terms during the plenary sessions of Symposium. They were considered in detail in six parallel thematic Working Groups, among which the Symposium participants were divided. Both the plenary discussions and the reports of the Working Groups are recorded in this report. Presentations to the Symposium H.E. Ramtane Lamamra, Commissioner for Peace and Security, African Union Commission His Excellency noted the fact that protection of civilians (POC) is a topic on which the African Union (AU) and the Australian Government are focusing within the framework of their cooperation in relation to peace and security matters. H.E. Lamamra outlined the fact that the AU has recognised the importance of POC. He outlined the progress made in the context of peace and security by the Union, including the full operationalisation of the Peace and Security Council, the establishment of the Continental Early Warning System and the establishment of the African Standby Force (ASF). At the same time, His Excellency acknowledged that the AU still has a long way to go and is counting on the cooperation and support of its partners to meet outstanding challenges. Note was made of AU experience in relation to POC through its peace support operations. Looking to the future, His Excellency spoke of the need to elaborate a POC framework that builds on existing relevant AU institutions and conventions and capitalises on the work being done in the UN system. In this context, H.E. Lamamra outlined the content of the Draft Guidelines for the Protection of Civilians by Peace Support Missions and expressed the opinion that the end product of the Symposium will be able to provide assistance to the AU Summit of Heads of State and Government, the Peace and Security Council, and leaders of peace support operations. The Hon Dr Mike Kelly AM, MP, Parliamentary Secretary for Defence Support, Australian Government Dr Kelly opened by speaking of his personal experiences in the field (in Somalia among other places) as a military officer that demonstrated to him the importance of POC issues. Dr Kelly spoke to the Australian Government s desire for closer engagement with Africa and the fact that cooperation in relation to POC takes advantage of Australia s strong peacekeeping experience. Other areas for future engagement in Africa that were highlighted by Dr Kelly included conflict prevention, peace building, and the Australia- Africa Partnerships Facility, which is looking at diverse engagement opportunities across the agricultural, governance for mining and natural resources, public policy (especially trade policy) and public sector reform sectors. Dr Kelly highlighted the fact within Australia, the Government is also committed to developing an integrated civil-military

3 capacity, noting in particular the creation of the Asia Pacific Civil Military Centre of Excellence in 2008, and the launch of the Australian Civilian Corps in Finally, Dr Kelly spoke to the Draft Guidelines and expressed the opinion that they will have the capacity to enhance the integrity of all peace operations on the basis that there is no more important an issue for peace and security. Dr Salim Ahmed Salim, former Secretary-General of the Organisation of African Unity and former Prime Minister of Tanzania Dr Salim emphasised the need for a policy that provides clear, effective and wellunderstood guidance in relation to POC. In this context, Dr Salim noted that in his opinion it would be prudent to accord some emphasis to the role of women in relation to POC in the Draft Guidelines. Dr Salim outlined the strategic purpose of the Guidelines, noting that they will assist the Peace and Security Council in preparing for ASF peace support operations, which will enhance the legitimacy and credibility of such operations. Dr Salim also expressed the hope that the Guidelines will serve as a source of inspiration and encouragement to others. Dr Salim acknowledged the experience that Symposium participants bring to the deliberations of the Draft Guidelines, but emphasised that the Symposium should not be attempting a significant re-write of the Draft Guidelines. At the same time he stressed the fact that views and concerns of participants would be captured in the Symposium Report, which will accompany the Draft Guidelines as they proceed forward. Finally, Dr Salim emphasised that the Symposium was not considering the responsibility to protect, which is quite a different issue, despite the synergies that exist in the debates surrounding the POC and R2P. Superintendent Vance Gariba, AMISOM Superintendent Gariba provided an update on African Union Mission in Somalia s (AMISOM) recent experiences in relation to POC. He expressed the opinion that addressing protection need is necessary to ensure the credibility of the mission. Superintendent Gariba explained that AMISOM provides POC training to personnel and has developed a three-track approach to POC: military, police and humanitarian and he later noted the importance of civil-military cooperation. Examples were provided as to the POC activities of the police component which, without an executive authority, focuses on the training and mentoring of local police. In his presentation Superintendent Gariba touched on some of the broader challenges that AMISOM is facing, including a lack of political commitment to the mission s activities on the part of the regional and international communities, the lack of a comprehensive peace agreement, the difficulty of distinguishing civilians from parties to the conflict.

4 Colonel Innocent Oula, Chief of Military Staff, AMISOM Colonel Oula provided an overview of what AMISOM s 5,000-stong armed force is doing in relation to POC. Among the measures highlighted were: pre-deployment training in relation to POC; the distribution of Standing Operation Procedures and Rules of Engagement that establish POC as a cardinal duty for the armed forces; the embedding of a UNICEF Child Protection Officers; provision of education and medical support in relation to HIV/AIDS; provision of troop rations to the civilian population to assist build civil-military relations; the deployment of a team of landmine experts; the adoption of a zero-tolerance policy in relation to sexual exploitation and abuse; an active civil-military relations strategy; the monitoring of violations perpetrated against the civilian population; and building the capacity of the Somali military through the provision of training. It was noted that AMISOM troops exercise restraint in responding to fire from insurgents in order to ensure that civilians are not threatened. The plenary discussion that followed the presentations of Mr Garbia and Colonel Oula focused on some of the POC challenges that AMISOM is facing. One of the focuses of this discussion was the impact the lack of a peace to keep can have on protection activities. Dr. Befekadu Berhanu, Deputy Representative to the AU and the ECA, United Nations High Commissioner for Refugees Dr Berhanu highlighted the sobering fact that civilians are more often the unintended victims of conflicts and the unfortunate trend where civilians are increasingly being directly targeted. Peacekeeping operations have played a crucial role in ensuring the physical safety of refugees, internally displaced persons (IDPs) and humanitarian workers in many conflict situations. On behalf of UNHCR, Dr Berhanu commended the efforts of the AU to develop a policy on POC. Dr Berhanu offered several observations on the Draft Guidelines. He noted that the broad definition of POC included in the Draft Guidelines has value in generating a comprehensive approach, but that there should be a focus on the persistent gaps that have existed in the protection strategies of missions, notably physical protection, in relation to which peace support missions have a unique mandate and capacity. Dr Berhanu highlighted the need for coordinated and comprehensive solutions, which, in his opinion, can only be achieved if clear understanding of mandated roles and responsibilities. Other key considerations identified were the need for long-term protection needs to be addressed, the need for civilian populations to participate actively in all POC processes, the need to acknowledge the fact that various segments of civilian populations face different protection problems that require tailored responses and that peace support operations need to be equipped with civilian capacities to ensure effective coordination and collaboration with humanitarian actors in the mission area, including the provision of training in relation to humanitarian issues.

5 The plenary discussion engaged in after Mr Berhanu s presentation considered the merit of highlighting physical protection in the Draft Guidelines definition of POC versus emphasising the multidimensionality of protection issues. There was also some discussion about the fact the Guidelines are addressed to APSA, the ASF, and HoMs and therefore do not provide recommendations in relation to the roles and responsibilities of external protection actors. It was noted that this was an issue that could be usefully considered in the future. Another intervention expressed the view that the Draft Guidelines need to provide a framework reference to international humanitarian law and human rights law on which the concept of protection is based. Mr Pierre Gentille, Head, ICRC Civilian Protection Unit, Geneva Mr Gentille outlined the strategic work that has been done by the ICRC in relation to POC, including sponsoring the series of workshops that developed the definition of POC that is commonly employed in the humanitarian community, and the 2009 publication of 50 Standards and Guidelines on Professional Standards for Protection Work. Mr Gentille then outlined the spectrum of protection activities that the ICRC pursues directed respectively towards host State authorities and persons at risk. An explanation was also provided as to the process engaged in by the ICRC in relation to its cycle of protection action and information management. Mr Gentille concluded his presentation by emphasising the importance of complementarity and synergy, noting in particular: the need to keep a population perspective, the promotion of a rights-based approach, the fact that the host State has the primary duty to provide protection to civilians, and the importance of safeguarding each protection actor s role, mandate and competencies. Alika Balembao, UNICEF Liaison Officer to the AU: Ms Balembao expressed appreciation for UNICEF s invitation to participate in the Symposium, given the significant impact conflict and violence have on women, children and other vulnerable groups. Existing relevant legal instruments were identified. Ms Balembao then offered recommendations for priority action in the context of POC. These included: tackling child soldier issues; ratification and domestic implementation of relevant international instruments among African Union Member States; the prevention of sexual violence; addressing the special reproductive needs of women and girls; the training of all peace operation staff, including instruction to the military on their responsibilities towards civilian communities, particularly women and children; effective and accessible reporting systems in relation to sexual abuse; the treatment of rape as a war crime; the establishment of support programs for victims of sexual abuse and gender-based violence; the demobilization of adolescent soldiers.

6 A short plenary discussion following the presentations of Mr Gentille and Ms Balembao provided clarity as to the training provided to personnel in the context of AU peace support operations, stressing that this is a Member State responsibility. Mr Michael Smith, AO, Major General (Retd), Executive Director, Asia Pacific Civil-Military Centre of Excellence, Australia Mr Smith noted the APCMCOE s commitment to the development of the Draft Guidelines and the Symposium, before identifying some of the most urgent POC issues that need to be addressed. In order to put the Guidelines in context, he noted the fact that POC is an established, integral task for both UN and non-un peace operations, and that the aim of the Guidelines is to help policy catch up with practice and the desire is for best practice to be reflected and consistency achieved. In introducing the Draft Guidelines to the Symposium, Mr Smith made the point that POC is something more specific than just peacekeeping and requires specific action. It was noted that while POC has in the past meant different things to different people, the Draft Guidelines employ a broad definition in an attempt to provide a common understanding of the concept. Note was made of the fact that the Guidelines consider POC in a holistic way starting with APSA s decision-making processes tracking through to the mission level, noting that the recommendation that mandates and their implementation be kept under review completes the circle. In closing, Mr Smith made three observations: that addressing the issue of POC in Draft Guidelines should not be taken to imply that all civilians will be protected at all times; that the Symposium s discussions should stay focused on the guidance required by APSA and peace support missions; and that work in relation to POC will be ongoing, including at the 3 rd International Forum for the Challenges of Peace Operations, being hosted by Australia in April this year. A number of observations were made in the plenary discussion that followed Mr Smith s presentation. These included: the need to highlight the fact that protection is the responsibility of the host State and the need to refer to the concept of host State consent; the need for the AU to have local ownership of the Guidelines; the possible need to call the document something other than Guidelines given they have not yet been discussed at an inter-governmental level; and the fact that the AU s position at the Symposium should be consistent with its position in the discussions currently taking place in the Special Committee on Peacekeeping Operations. Ambassador Augustine Mahiga, Permanent Mission of the United Republic of Tanzania to the United Nations in New York: Ambassador Mahiga spoke in his capacity as Chair of the Advisory Group to the DPKO and OCHA commissioned independent study on POC entitled Protecting Civilians in the Context of UN Peacekeeping Operations: Successes, Setbacks and Remaining Challenges. His Excellency opened his discussion by noting the variety of settings in

7 which Africa contributes to peace operations (including independent operations, as TCCs and PCCs to UN missions, as the predecessor of a UN mission, and as a hybrid force) and the fact that POC is relevant to each. In this context, His Excellency expressed the view that the work being undertaken at the Symposium is both timely and necessary in light of the imminent operationalisation of the African Standby Force. His Excellency explained that in his view the entire protection of civilians chain, from the Security Council to the peacekeeper on the ground, is in need of serious attention and requires: a political strategy and unwavering support from the Council; the provision of adequate resources; proper training and equipment; leadership from commanders with the necessary resolve; and appreciation on the part of contributors that environments in which protection activities are conducted are difficult and dangerous. Ambassador Mahiga went on to highlight some of the independent study s key findings: the need for clearer mandate language; the need for political support to be backed up by resources; POC directed mission planning and Secretariat policies; POC specific training; and the need to re-think the role of UN police and Formed Police Units. His Excellency concluded by stating his belief that the Draft Guidelines will continue to enrich the dialogue surrounding the challenge of protecting civilians in conflict zones, including that currently taking place in the Special Committee on Peacekeeping Operations. In the plenary discussion that followed Ambassador Mahiga s presentation observations were made as to the need to identify the relationship between POC and other mandated tasks; the need to explore any differences between AU and UN approaches to peace operations; the need for POC specific training to be provided to mission personnel; the need to address the pre-emptive use of force for protection purposes; and the need to consider the dilemma of protecting women and children who provide support to one of the parties to a conflict. Mr David Haeri, Head, Department of Peacekeeping Operations, Best Practices Unit: Mr Haeri commenced by emphasising that DPKO s cooperation with the AU is a vital element of the ongoing dialogue in relation to POC. He outlined the fact that POC is a challenging undertaking and noted some of the positive and less positive outcomes that have been achieved to date. Mr Haeri outlined some of the key points made in DPKO and DFS Lessons Learned Note on the Protection of Civilians in UN Peacekeeping Operations including: the importance of an early focus on POC backed by political processes and resources; the need to incorporate POC into planning from the outset; the importance of threat analysis and early warning systems; the need to harness the multidimensionality of modern missions; the need to engage in early State building tasks; the need to develop an exit strategy; and the need to communicate information about protection tasks and limitations to local and international audiences. Mr Haeri also outlined the key findings of the independent study commissioned by DPKO and OCHA, Protecting Civilians in the Context of UN Peacekeeping Operations:

8 Successes, Setbacks and Remaining Challenges. He highlighted the study s findings including the need for: strong mission leadership; a POC mission strategy; POC specific training; a sound understanding of protection threats; and a common concept of POC. Finally, Mr Haeri outlined DPKO and DFS s Draft Operational Concept on the Protection of Civilians in United Nations Peacekeeping Operations, which is based on three tiers: protection through political process, providing protection from physical violence and establishing a protective environment. Mr Haeri noted that the physical protection tier is conceived in terms of the different phases of a conflict situation: assurance and prevention, pre-emption, response and consolidation. This ties in with DPKO and DFS s Concept Note on Robust Peacekeeping. In closing Mr Haeri stated that he hoped that the work being done by the AU would assist the work being done in New York. In the plenary discussion following Mr Haeri s presentation observations were made as to: the need to highlight the role of the civilian components of missions; the importance of mission exit strategies; the need to consider the role of proxies; the importance of humanitarian access; and issues relating to timely deployment. Mr Hansjoerg Strohmeyer, Chief, Office of the Coordination of Humanitarian Affairs Policy Development and Studies Branch: Mr Strohmeyer gave a brief background to the emergence of POC issues on the UN s agenda. He noted that progress has been made; particular note was made of the fact that the debate is no longer whether to protect, but how to do it better. In terms of how POC can be affected, Mr Strohmeyer noted that there is a need for increased capacity and resources. Stress was also placed on the need to manage expectations so that those in harm s way do not rely on support that does not materialise. Mr Strohmeyer emphasised the need for a common understanding of POC that is broad enough to be applied to different situations, and which is certainly not limited to physical protection. He recommended the adoption of a conceptual understanding rather than a definition per se. Mr Strohmeyer outlined key challenges identified in the UN Secretary General s 2009 thematic report on protection of civilians in armed conflict. He also highlighted what are in his opinion the key findings of the DPKO and OCHA commissioned independent report: the need for strong political leadership that demonstrates an appetite for POC as a core function of peace operations; coordination to enable a coherent approach to POC that at the same recognises the different roles and responsibilities of protection actors; the need to develop mission specific POC strategies; clarity in relation to the relationship between the POC objective and other mission tasks; identifying primary concerns; assessing capabilities, such that a shortage of capacity is not used as an excuse for a lack of POC activity; the development of benchmarks to serve as indictors of progress; and the for reporting that is early, candid and based on sound threat analysis.

9 During the plenary discussion that followed Mr Strohmeyer s presentation further discussion was engaged in as to the need for a common understanding of POC. One suggestion was that this could be based on the effect peace support missions are trying to achieve. A discussion was also undertaken as to the fact that the imminent threat language in Chapter VII mandated peace operations does not reflect the only type of POC mandate that a peace operation may have. Many mandates do not refer to protection from the imminent threat of physical violence but outline other mission objectives that belong in the POC basket. The observation was also made that the success of the Draft Guidelines will hinge on what capacities are built into APSA to affect the Guidelines recommendations. Brigadier-General John Gaje, UNAMID: Brigadier-General John Gaje provided an introduction to the members of the UNAMID delegation, before handing the floor to Amadu Shour. Amadu Shour, Deputy Director of Human Rights, UNAMID: Mr Shour provided a background to the conflict in Darfur and an explanation of the centrality of POC in UNAMID s Mission Statement. He identified the main protection actors and stakeholders before outlining the preventative protection activities that are being undertaken by UNAMID, which include: various patrols; the provision of security in IDP camps; the establishment of community policing; conflict management/mediation/advocacy; liaison activities with IDPs, the Government of Sudan (GOS) and humanitarian agencies; training of police; capacity building technical support on investigation and co-location; monitoring, information gathering and reporting. Mr Shour also identified the types of physical threats faced by civilians that trigger immediate protection response activities on behalf of UNAMID. Mr Shour explained that in UNAMID s experience, indicators of progress are crucial to the successful implementation of a POC mandate. The key indicators of progress identified by UNAMID are: Enhanced public partnership in form of community policing for crime prevention and security of IDP camps; Reduction of criminal activities, including banditry, hijacking and kidnapping; Decreased attacks on humanitarian convoys; Reduced number of illegal firearms, landmines and unexploded ordinances; Enhanced capacity for security operatives to manage violence, prevent sexual and gender-based violence, including arrest and prosecution according to international standards. A lengthy list of the key challenges facing UNAMID was outlined. These ranged from the slow deployment of personnel, to the prevalence of different protection threats, to challenging terrain, to the limitations imposed by UNAMID s ROE. Mr Shour concluded

10 his presentation by noting the elements needed to provide a situation of lasting peace and security in Darfur. There was extensive discussion in the plenary that focused on the current political situation in Darfur. More specifically in relation to POC it was noted that UNAMID provided POC training at the induction stage and is encouraging TCCs to provide predeployment POC training. Details of the mechanisms employed by UNAMID to coordinate protection efforts were provided, as well as the work being undertaken by the mission s gender advisory unit. In the context of these discussions it was also noted that UNAMID has demonstrated courageous protection efforts, which is an important demonstration of what a strong protection strategy can achieve despite the existence of a complex situation and a lack of capacity. Colonel Zannoubo Vinagnon, ESF/ECOWAS Colonel Vinagnon outlined the Draft Code of Conduct for the Armed Forces and Security Services of West Africa that the ECOWAS Committee of Experts agreed in April Colonel Vinagnon outlined the Code of Conduct in detail. In relation to POC it was noted that the Code of Conduct outlines in some detail the principle of do no harm : armed forces and security services are required to act within the bounds of international humanitarian law and human rights law and must not commit any unlawful acts, or acts that will bring their institutions into disrepute. Importantly, the Code also touches on aspects of proactive protection. Article 7 requires armed forces and security services personnel to provide adequate protection, refuge and assistance to all persons in need in the exercise of their duties. Article 20 requires personnel to respect individual human dignity and protect the rights and security of the civilian population, including the physical integrity of the individuals as well as the security of their property. In addition the Code urges cooperation between armed forces and security services personnel, outlines a role for the armed and security services in supporting humanitarian assistance operations, and requires appropriate training and sensitisation on cultural differences. Captain Kobus Maasdorp, African Union Focal Point for Symposium, Co-Chair of the Protection of Civilians: African Union Drafting workshop, Planning Officer, African Standby Force, Peace Support Operations Division Captain Maasdorp provided a background to the decision made to draft guidelines on POC for the AU and the drafting process, including who participated in that process (for details, see the Introduction to the Report). He then provided an overview of the content of the Guidelines, referencing some of the discussions of the Drafting Workshop. In this context, Captain Maasdorp also provided an explanation of the key features of APSA to ensure that the Draft Guidelines could be understood in context. Mr Peter Thomson, Co-Chair of the Protection of Civilians: African Union Drafting Workshop, Rule of Law and Governance Advisor, Asia Pacific Civil Military Centre of Excellence

11 Mr Thomson briefly outlined the methodology of the Drafting Workshop. It was noted that the technical paper that formed the basis of the Workshop s deliberations drew on a number of significant documents and studies, including the protection strategies of UNAMID and the DPKO and OCHA independent study. It was noted that the Guidelines respond to the issues identified in these studies and incorporate good precedents developed in the field. He asked the Working Groups to consider the best way forward in relation to possible additions to the Guidelines. He noted that the Workshop approached the Guidelines on the basis of a number of key premises including: Is it a high level issue? Is the AU already addressing the issue? Is the issue specific to POC? Mr Thomson concluded by outlining the work to be undertaken by each Working Group at the Symposium. Working Group Discussions Each Working Group reported to the plenary on the substance of their discussions. On some issues the Working Groups were able to reach consensus and made recommendations in relation to the amendment of the Draft Guidelines. These amendments will be reflected in a revised version of the Guidelines. In relation to other issues, the Working Groups were unable to reach a consensus that would enable them to make recommendations in relation to the amendment of the Draft Guidelines. In order to ensure that the variety of views are adequately reflected in the Symposium report, which will be of great importance as the Draft Guidelines progress through the AU s political processes, a further, more detailed report will be prepared that comprehensively outlines the rich range of observations that were made by participants. The AU will consider the range of observations and determine how best to proceed. The final report will also outline those recommendations that were outside the scope of the Draft Guidelines but relate to further work can be done to support the Draft Guidelines or to implement them if and when they are adopted by the AU.