Panel 10: International Peacekeeping and Justice Challenges Thursday, November 17 (2:45-4:00) 12 th Symposium on Development and Social Transformation.

Panel 10: International Peacekeeping and Justice Challenges

Thursday, November 17 (2:45-4:00)

12th Symposium on

Development and Social Transformation

UN Peacekeeping Missions and the Sexual Exploitation of Women

Ana Marte


12th Symposium on


Relevance of Topic Relevance of Topic Pervasive Problem: U.N. has investigated 152 cases of Pervasive Problem: U.N. has investigated 152 cases of

alleged sexual abuse violations since Jan. 1, 2004alleged sexual abuse violations since Jan. 1, 2004 Has detrimental effects to the fulfillment of the mission’s Has detrimental effects to the fulfillment of the mission’s

mandate mandate

Undermines the credibility of the United Nations Undermines the credibility of the United Nations

Tarnishes the reputation of all U.N. Peacekeeping personnel Tarnishes the reputation of all U.N. Peacekeeping personnel

Undermines the effectiveness of the U.N.’s LeadershipUndermines the effectiveness of the U.N.’s Leadership

Issues of accountability: Who is responsible?Issues of accountability: Who is responsible?

Makes a mockery of the U.N.’s commitment to uphold basic Makes a mockery of the U.N.’s commitment to uphold basic human rights human rights

Demonstrates the U.N.’s inability to enforce standards of Demonstrates the U.N.’s inability to enforce standards of behavior behavior

Overview of Problem Overview of Problem The Democratic Republic of Congo The Democratic Republic of Congo

Ravaged by Civil War Ravaged by Civil War One of the poorest countries in the worldOne of the poorest countries in the world Heavy reliance on U.N. Heavy reliance on U.N.

The largest peacekeeping operation in the worldThe largest peacekeeping operation in the world 11,500 U.N. soldiers, 150 civilian police and 700 11,500 U.N. soldiers, 150 civilian police and 700

international staff international staff Investigation of about 150 allegationsInvestigation of about 150 allegations

““Survival Sex”: Sex in exchange for basic necessities Survival Sex”: Sex in exchange for basic necessities No other recourse: Victims orphaned children, often No other recourse: Victims orphaned children, often

malnourished and illiterate malnourished and illiterate Insecurity: Lack of reporting mechanisms, little Insecurity: Lack of reporting mechanisms, little

incentives for victims to come forward, weak incentives for victims to come forward, weak enforcement of codes of behavior enforcement of codes of behavior

Research Findings Research Findings

Why Abuse?Why Abuse? Inextricably linked to Inextricably linked to

conflictconflict Breakdown of law & Breakdown of law &

orderorder Porous bordersPorous borders

Weak governanceWeak governance History of Sexual abuseHistory of Sexual abuse

Systematic rape integral Systematic rape integral part of conflict during part of conflict during civil war in DRCcivil war in DRC

Consequences Consequences Fostering a Culture of Fostering a Culture of

LawlessnessLawlessness Breakdown in good conduct Breakdown in good conduct

and disciplineand discipline ImpunityImpunity DisobedienceDisobedience

Prohibiting PunishmentProhibiting Punishment Issues of Jurisdiction? Issues of Jurisdiction? Difficulty in obtaining hard Difficulty in obtaining hard

evidenceevidence Weak legal frameworkWeak legal framework

Recommendations Recommendations

• Enhanced Role of United StatesEnhanced Role of United States– Withhold U.S. funds to UN peacekeeping operationsWithhold U.S. funds to UN peacekeeping operations

• U.N. Security Council InitiativesU.N. Security Council Initiatives – Apply pressure on contributing countries for stricter Apply pressure on contributing countries for stricter

enforcementenforcement• make an example of sexual abusers make an example of sexual abusers • keep those who have not been prosecuted from re-keep those who have not been prosecuted from re-

deploymentdeployment– Ensure Justice Ensure Justice

• Additional resources for investigation & collection of Additional resources for investigation & collection of evidenceevidence

• Stricter Prosecution Stricter Prosecution – Bring commanders or supervisors to trialBring commanders or supervisors to trial– U.N. should lift diplomatic immunity for it’s own staff U.N. should lift diplomatic immunity for it’s own staff

accused of criminal actsaccused of criminal acts

Recommendations Recommendations

• Troop ImprovementsTroop Improvements – Permanent independent units within peacekeeping mission for Permanent independent units within peacekeeping mission for

investigations of possible sexual misconductinvestigations of possible sexual misconduct– Increased number of women in peacekeeping missionsIncreased number of women in peacekeeping missions– Enhanced training of gender sensitive issues Enhanced training of gender sensitive issues

• Additional Development FundingAdditional Development Funding– Support for national justice system reforms Support for national justice system reforms – Enhanced education on health issues Enhanced education on health issues – Increased access to proper information about basic rights for Increased access to proper information about basic rights for

local communities local communities – Assistance programs for victims of sexual abuseAssistance programs for victims of sexual abuse– Monetary compensation for the children born from these Monetary compensation for the children born from these

sexual encounterssexual encounters

ECOMOG: A Watershed in Peacekeeping by Regional Security Regimes

Kanwaljit Cheema


12th Symposium on


ECOMOG

• Evolution of West African Conflict Resolution Mechanism

– 1963 – OAU , First chair

– 1975 – ECOWAS

– 1978 - Non Aggression Treaty» No security against internal insurrection

– 1981 – OAU Inter-African force ,CHAD conflict

– 1989 – 29th May ’89 , Protocol on Mutual Defense Assistance– Art. 4(b)– Art. 18(2) – Ch. V , Articles 13 and 14 –

» (defines nature and composition of force-AAFC)

ECOMOG

• 1989/90• Liberian crisis – Protocol invoked

No Response.

ECOWAS creates ECOMOG

ECOWAS(Economic Community Of West African States)

• What It is ?• Body Created in 1975 – enhancing economic cooperation• 16 Members – 216 million people (apprx)• Economy – Predominantly Agricultural

» Exports – petroleum, gold, diamonds, timber , coffee, bauxite

Iron , cotton • Major Economic Investors- US, UK, France, Arabs of Lebanese and

Syrian origins • Different colonial histories- distrust between ruling elites

• POPULATIONS » Dominated by Young , most of whom lack education, technical skills and

general prerequisites to function in modern economy

ECOMOGECOMOG

7 August 19907 August 1990 Banjul (Gambia) Banjul (Gambia) SMC of ECOWAS SMC of ECOWAS

Decision to send military force to intervene in LiberiaDecision to send military force to intervene in Liberia

ECOMOGECOMOGThereafter : 3 Interventions Thereafter : 3 Interventions

LIBERIA LIBERIA

SIERRA LEONESIERRA LEONE

GUINEA- BISSAUGUINEA- BISSAU

LIBERIA

1980 – assassination of President Tolbert – Samuel Kanyon Doe takes charge1985 – elections1989 – Dec 1989 , NPFL raids Liberia

Anarchy - capital besieged, Prince Johnson splitsECOMOG troops enters Monrovia (25th Aug 1990)

Nigeria, Gambia, Ghana, Guinea and Sierra LeoneMANDATE

» To restore law and order for free and fair elections» To secure peaceful atmosphere that will facilitate cease fire

negotiations» Create environment for humanitarian operations

ENDS IN 19th July 1997 with election of Charles Taylor as President

SIERRA LEONE

23 March 1993 – Invasion by RUF led by Foday Sankoh supported by NPLF and mercenaries from Burkina Faso

Feb 1996 – Elections , Abidjan peace agreement 26 May 1997 - RUF/ AFRC overthrows President Kabbah March 1998 – ECOMOG restores President Kabbah Dec 1998 to July 1999 – devastating civil war. July 1999 – LOME peace accord

INTERESTING FEATURE – Use of PMCs -Executive outcome

-Sandline International

GUINEA-BISSAU

6 June 1998 President Joao Bernado ‘Nino’ Viera and Army

Chief Brig.Ansumane Mane Issue- Arms Trafficking

to rebel secessionist force , MFDC , in Senegal

ECOMOG operation led by Benin, Togo, Mali, Niger and Gambia– Nigeria brokered peace 1-2 Nov 1998 in Abuja

Legality and legitimacy of ECOMOG Operations

ECOWAS AUTORITY

Defence council

Defence Commission

Deputy Executive Secretary (Mil)

AAFC-Force commander

Deputy force commanders

Geopolitical Environment of ECOMOG Operations

Anglophone/ Francophone cleavageNigerian dominanceFrance

– Support for Biafra in Nigerian civil war

Then change in 1970s-Oil Boom in Nigeria Libya – the new pretender Pervasive praetorianism in region

Operational challengesOperational challenges

Excessive control by home governments Language differences Lack of standardization of equipment, arms and ammunition Different training standards, doctrines staff procedures Poor sea and air lift capabilities Lack of logistic support for some contingents Inadequate resources to deal with humanitarian problems Poor coordination with relief agencies and NGOs The misrepresentation of force activities by mercenary

organizations and international media Absence of vital air to ground support assets , especially attack

helicopters

ECOMOG

Military, Political and Diplomatic triumphs• Control of ECOWAS secretariat – blessing in disguise

• State of Armed forces in region – Example Ghana

• Diplomatic challenges – Example Liberia ^ 10 Cease-fires,17 Negotiated agreements

• Securing commitments – Warlord formations

• Community Relations

Combining three phases of conflict resolution1. INTERVENTION 2. PEACE ENFORCEMENT 3. PEACE KEEPING

ECOMOGECOMOG

MODEL FOR REGIONAL PEACEKEEPING

SADC (South African Development Community)

1994 Lesotho crisis• Hostilities between king Letsie III and the PM

EAC (East African Community) - Ugandan InitiativeTanzania, Kenya, Uganda

Intergovernmental Authority on Development (IGAD) Common Market for Eastern and Southern Africa (COMESA)

ECOMOG

Biggest pointer towards success – is the inclusion in the 1981 treaty……….

-would apply now to internally driven conflict

“threaten to trigger humanitarian disaster“posed a serious threat to peace and security in the sub region

“erupted…..following the overthrow to attempted overthrow of a democratically elected government”

UN Lessons from Somalia

Toby Prudhomme


12th Symposium on


Agenda

Location Somalia History Political situation Cultural situation The UN mission Boutros-Boutros Ghali’s past UN options

Linguistically and religiously homogeneous people

Divided along clan lines and scattered over a harsh, dry land

In the 1990s, roughly 60 percent of 8.4 million still nomadic pastoralists or semi-nomadic herders

Approximate 20-25% herders mostly living in southern half of the country between the Jubba and Shabeelle Rivers

History

Locationhttp://www.lib.utexas.edu/maps/africa/horn_ethnic_80.jpg

Somalia clan breakdown

United Somali Congress(USC) created by the Hawiye clan in central Somalia around Mogadishu

Somali Salvation Democratic Front(SSDF) created by Majertain sub-clan of the Daroo in northeastern Somalia

Somalia Patriotic Front(SPF) created by Ogadeni sub-clan of Daroo lived in southern and cental Somalia

Somali National Movement(SNM) created by Issaq northwestern Somalia and proclaimed the independence of Somaliland

Somali Democratic Movement(SDM) created by Rahanwein clan who lived in southern and western Somalia

Somalia Democratic Association created by Dir clan who lived in northwestern Somalia

Clan Map of Somaliahttp://www.lib.utexas.edu/maps/africa/somalia_ethnic_grps_2002.jpg

Economic Use—1992

Political situation

President General Mahammad Siad Barre disloves elected municipal and district councils in 1969

Reorganized local government into sixteen regions, each containing three to six districts, with the exception of the capital region (Banaadir), which was segmented into fifteen districts

A 1979 law authorized district council elections, but reserved to the government the right to approve candidates before their names were submitted to voters

In 1988 clans form loose union to oust Barre from power

Elections were scheduled in 1991 but moot because of clan wars

The UN Charter

Preamble to promote social progress and better standards

of life in larger freedom Chapter 1, Article 2

Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

UN Actions

Aid relief from 1970s to 1992 UN Security Council Resolution 733 on 23

January 1992 established arms embargo UN Security Council Resolution 746 on 17

March 1992 re-affirms humanitarian aide UN Security Council Resolution 751 on 24

April 1992 establishes and deploys security force of 500 United Nations security personnel —UNOSOM I

On 27 July 1992 Secretary General recommends deployment of four additional security units, 750 personnel each

On 28 August, the Security Council, by its resolution 775 (1992), approved the Secretary-General's report and authorized the increase in strength of UNOSOM

On 8 September, the Security Council approved deployment of three logistic units--719 personnel

Current UNOSOM forces--4,219

UN Actionscon’t

On 24 November 1992, the Secretary-General reported on the deteriorating situation in Somalia, with particular reference to the factors preventing UNOSOM from implementing its mandate

Five options Continue and intensify UNOSOM mandate Use of international military personnel be abandoned UNOSOM troops show of force in Mogadishu Countrywide action by a group of Member States

authorized by Security Council Countrywide enforcement under UN command

UN Actionscon’t

On 3 December 1992, Security council authorizes action under Chapter VII and establishes Unified Task Force(UNITAF)

On 26 March, the Security Council, acting under Chapter VII of the United Nations Charter, adopted resolution 814 (1993)

Conference on National Reconciliation in Somalia was convened on 15 March 1993 all 15 Somali political movements signed, on 27 March 1993, an Agreement of the First Session of the Conference of National Reconciliation in Somalia

May 1993 General Aidid's faction would not cooperate in the Agreement's implementation

UN Actionscon’t

On 17 June 1993 the Special Representative called on General Aidid to surrender peacefully to UNOSOM II and to urge his followers to surrender their arms

In support of the UNOSOM II mandate, United States forces were deployed in Mogadishu

On 3 October 1993 an operation succeeded in apprehending 24 suspects, but 18 United States soldiers lost their lives and 75 were wounded

United States President William Clinton announced the intention of his country to withdraw its forces from Somalia by 31 March 1994

UN Actionscon’t

UN Lessons from Somalia

A thorough assessment is required prior to action

The mission cannot be vague and should not change during the process—UNOSOM

A unity of command with all persons reporting to one individual

Budgetary restrictions on missions Military and humanitarian organizations must

understand each other’s plans and objectives

ICC and International Tribunals

Na Ra Song


12th Symposium on


OverviewOverview

IntroductionIntroduction

Enforcement of human rightsEnforcement of human rights

Why need the ICC?Why need the ICC?

The ICC and objectionsThe ICC and objections

ConclusionConclusion

Enforcement of Human Enforcement of Human RightsRights

The Nuremberg Military Trials (1945~1949)The Nuremberg Military Trials (1945~1949)

International Court of Justice (1946)International Court of Justice (1946)

The ICTY (1993) and the ICTR (1994)The ICTY (1993) and the ICTR (1994)

The International Criminal Court (1998)The International Criminal Court (1998)

Why need the ICC? Why need the ICC?

Permanent vs. ad hocsPermanent vs. ad hocs

Collective enforcement Collective enforcement

Culture of ImpunityCulture of Impunity

Protection of individuals from atrocitiesProtection of individuals from atrocities

Independent judge and prosecutorIndependent judge and prosecutor

The ICC and ObjectionsThe ICC and Objections

Arbitrary power of prosecutorArbitrary power of prosecutor

Absent authority and legitimacyAbsent authority and legitimacy

Venerability of potential defendantsVenerability of potential defendants

Imprudent means for human right; Imprudent means for human right;

Promotion of Democracy vs. int’l mechanismPromotion of Democracy vs. int’l mechanism

ConclusionConclusion

Road to centralized international Road to centralized international

enforcement of human rightsenforcement of human rights

Not perfect but promisingNot perfect but promising

To convert to success, dedicated efforts of To convert to success, dedicated efforts of

the participant require. the participant require.


Thursday, November 17 (2:45-4:00)

Ana Marte UN Peacekeeping and Sexual Exploitation

Kanwaljit Cheema ECOMOG: A Watershed in Peacekeeping

Toby Prudhomme UN Lessons from Somalia

Na Ra Song ICC and International Tribunals

12th Symposium on


Panel 10: International Peacekeeping and Justice Challenges Thursday, November 17 (2:45-4:00) 12 th Symposium on Development and Social Transformation.

Documents

peacekeeping missions

international peacekeeping

peacekeeping operations

peacekeeping personnel

social transformation

example of sexual abusersmake

largest peacekeeping

standards of behavior