Wolfgang S. HeinzGerman 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?

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.

Proposed Schedule

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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)

Proposed Schedule

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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)

Proposed Schedule

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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 PeaceAgreement, prevent the disruption of its implementation and armed attacks, and protect civilians, without prejudice to the responsibility of the Government of Sudan“

Proposed Schedule

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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“

Proposed Schedule

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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,

Proposed Schedule

Mon,

18 August

Constitutive Session

Introduction: „International protection of Human Rights“

Tue

19 August

„UN-Responsibility for Human Rights in peacebuilding operations“

„Human Rights Officers in peacebuilding operations“

Wed

20 August

„Human Rights reporting“

„Challenges and dilemmas of human rights protection in post-conflict theatres“

Thu

21 August

Elaboration of the seminar‘s presentation

Mon

25 August

Presentation to the General Audience

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;

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

PlusCivilian human rights components inBurundi, 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

- 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

Military peacekeepers: Human Rights roles

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)

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)

Select Materials

1) 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

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