Providing Security to Forced Migrants and Humanitarian Operations

Lydia Mann-Bondat

““An opportunity has been regained to achieve the An opportunity has been regained to achieve the great objectives of the Charter - a United Nations great objectives of the Charter - a United Nations capable of maintaining international peace and capable of maintaining international peace and security, of securing justice and human rights and security, of securing justice and human rights and of promoting, in the words of the Charter, "social of promoting, in the words of the Charter, "social progress and better standards of life in larger progress and better standards of life in larger freedom".” freedom".” Boutros Boutros Ghali, An Agenda for Peace, 1992Boutros Boutros Ghali, An Agenda for Peace, 1992

““[The 1990s is a] decade of voluntary [The 1990s is a] decade of voluntary repatriation.”repatriation.” UNHCR High Commissioner Sadako Ogata, June 26, 1992UNHCR High Commissioner Sadako Ogata, June 26, 1992

FactsFacts

There are approximately 50 million There are approximately 50 million refugees in the world todayrefugees in the world today

About 20 million fall under the responsibility of UNHCR, the About 20 million fall under the responsibility of UNHCR, the UN agency with an international mandate to assist and UN agency with an international mandate to assist and protect refugeesprotect refugees

30 million others, largely the internally displaced, have no 30 million others, largely the internally displaced, have no international organization or international law mandated to international organization or international law mandated to protect and assist themprotect and assist them

Civil conflict, natural disasters, ethnic and political battles, Civil conflict, natural disasters, ethnic and political battles, breakdowns in public order, and individual persecution all breakdowns in public order, and individual persecution all cause civilians to flee their homes cause civilians to flee their homes

Characteristics of Conflict ZonesCharacteristics of Conflict Zones

Proliferation of non-state, armed actors Proliferation of non-state, armed actors (including UN)(including UN)

Civilians seen as legitimate targets of warCivilians seen as legitimate targets of war Frequent mass movements of populations, Frequent mass movements of populations,

both refugees and IDPsboth refugees and IDPs International political involvementInternational political involvement Presence of large numbers of aid workers Presence of large numbers of aid workers

with many affiliationswith many affiliations

ResponsibilityResponsibility The nation state is the actor most able to The nation state is the actor most able to

prevent or resolve armed conflict in prevent or resolve armed conflict in another country or their ownanother country or their own

Nation states are responsible for Nation states are responsible for protecting civilians and upholding protecting civilians and upholding standards of international humanitarian or standards of international humanitarian or human rights law on their territoryhuman rights law on their territory

International InterventionInternational Intervention When governments are unable or unwilling When governments are unable or unwilling

to protect civilians on their territory, to protect civilians on their territory, international and/or regional organizations international and/or regional organizations have come forward to:have come forward to:• Provide humanitarian aidProvide humanitarian aid• Dispatch peacekeepers or civilian policeDispatch peacekeepers or civilian police

What governments have NOT done is to:What governments have NOT done is to:• Develop and/or use conflict prevention measures, sufficient arms Develop and/or use conflict prevention measures, sufficient arms

controls, norms setting, and early warning systemscontrols, norms setting, and early warning systems• Create credible deterrents to or sanctions for attacks on forced Create credible deterrents to or sanctions for attacks on forced

migrants or humanitarian aid workersmigrants or humanitarian aid workers

Public SecurityPublic Security A breakdown in public security is the primary A breakdown in public security is the primary

problem facing civilians during a humanitarian problem facing civilians during a humanitarian emergencyemergency• Collapse of state structuresCollapse of state structures• Lawlessness, banditry, and crimeLawlessness, banditry, and crime• Attacks on civilians and aid workersAttacks on civilians and aid workers• Diversion of aid for conflict purposesDiversion of aid for conflict purposes

Civilian police are trained and qualified to Civilian police are trained and qualified to maintain public securitymaintain public security

Military actors are ill-trained and ill-Military actors are ill-trained and ill-equipped for public security responsibilitiesequipped for public security responsibilities

Civilian Police (CIVPOL)Civilian Police (CIVPOL) ResponsibilitiesResponsibilities

• Monitoring, training, and mentoring of local police forcesMonitoring, training, and mentoring of local police forces• Investigating human rights abusesInvestigating human rights abuses• Reforming and/or establishing local police forcesReforming and/or establishing local police forces• Protecting UN staff Protecting UN staff • Assisting in refugee returnAssisting in refugee return

CIVPOL are traditionally unarmed and therefore rely CIVPOL are traditionally unarmed and therefore rely on the force of example as an impartial, professional on the force of example as an impartial, professional force to gain the respect of local communities, force to gain the respect of local communities, governments, and armed forcesgovernments, and armed forces

ChallengesChallenges CIVPOL forces areCIVPOL forces are

• Often not approved by UN member Often not approved by UN member statesstates

• Often ill-equipped and ill-trainedOften ill-equipped and ill-trained• Enter conflict with little background Enter conflict with little background

knowledgeknowledge• Experience cohesion problemsExperience cohesion problems• Unarmed actors in highly dangerous Unarmed actors in highly dangerous

situationssituations

SolutionsSolutions Greater training in IHL and IHRLGreater training in IHL and IHRL Provide clear, robust and enforceable Provide clear, robust and enforceable

mandatesmandates Sufficient resources and personnelSufficient resources and personnel Create standing UN police forceCreate standing UN police force

International Military ActorsInternational Military Actors UN peacekeepers UN peacekeepers Regional forces (ECOMOG, NATO)Regional forces (ECOMOG, NATO) Coalitions of the willing (Afghanistan)Coalitions of the willing (Afghanistan) Mercenaries/PMCsMercenaries/PMCs

Critical PointCritical Point

When violence reaches a certain When violence reaches a certain threshold, tactics of humanitarian threshold, tactics of humanitarian

actors, CIVPOL and diplomacy will be actors, CIVPOL and diplomacy will be either insufficient to stop conflict or either insufficient to stop conflict or

likely to take timelikely to take time

ChallengesChallenges MandatesMandates ResourcesResources Military/Humanitarian CollaborationMilitary/Humanitarian Collaboration International Political WillInternational Political Will

SolutionsSolutions Reform of UN PeacekeepingReform of UN Peacekeeping Strengthen Regional Peacekeeping Strengthen Regional Peacekeeping

ForcesForces Regulation of Mercenaries or Private Regulation of Mercenaries or Private

Military Companies (PMCs)Military Companies (PMCs) Explore Use of European Explore Use of European

Constabulary ForcesConstabulary Forces

Role of Humanitarian AgenciesRole of Humanitarian Agencies

Security of Forced MigrantsSecurity of Forced Migrants Security of Aid Workers and Security of Aid Workers and

Humanitarian AidHumanitarian Aid

Security of Forced MigrantsSecurity of Forced Migrants Sexual and Physical ViolenceSexual and Physical Violence Sexual ExploitationSexual Exploitation ““Do No Harm”Do No Harm” Small ArmsSmall Arms

Security of Aid Workers and Security of Aid Workers and Humanitarian AidHumanitarian Aid

Comprehensive and Flexible Security Comprehensive and Flexible Security PlansPlans

Cooperation and CoordinationCooperation and Coordination• UNSECOORDUNSECOORD• UNHCR Humanitarian Security OfficersUNHCR Humanitarian Security Officers

AccountabilityAccountability• International Criminal Court (ICC)International Criminal Court (ICC)• TribunalsTribunals

Major RecommendationsMajor Recommendations GovernmentsGovernments

• Greater Use of Conflict Prevention, Resolution Greater Use of Conflict Prevention, Resolution and Management Toolsand Management Tools

• Strengthen Support for the International Strengthen Support for the International Criminal Court (ICC)Criminal Court (ICC)

• Understand and Separate Police and Military Understand and Separate Police and Military RolesRoles

• Create a Standing UN Police ForceCreate a Standing UN Police Force• Reform UN and Regional PeacekeepingReform UN and Regional Peacekeeping• Regulate Mercenaries/PMCsRegulate Mercenaries/PMCs

Major RecommendationsMajor Recommendations Humanitarian AgenciesHumanitarian Agencies

• Attention to SecurityAttention to Security• Coordination and CooperationCoordination and Cooperation• ““Do No Harm”Do No Harm”• Civilian CapacitiesCivilian Capacities