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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
Panel 10: International Peacekeeping and Justice Challenges
12th Symposium on
Development and Social Transformation
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
Panel 10: International Peacekeeping and Justice Challenges
12th Symposium on
Development and Social Transformation
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
Panel 10: International Peacekeeping and Justice Challenges
12th Symposium on
Development and Social Transformation
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
Panel 10: International Peacekeeping and Justice Challenges
12th Symposium on
Development and Social Transformation
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.
Panel 10: International Peacekeeping and Justice Challenges
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
Development and Social Transformation