Wolfgang S. Heinz
German 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
UN Security Council and
Constitutive
SessionRights (1)
Human
Mon,
18 August Introduction: „International protection of Human
Rights“
The SC:
Tue
„UN-Responsibility for Human Rights in peacebuilding
- has powers to impose sanctions which no
19 August operations“
human„Human
rightsRights
bodyOfficers
has been
entrustedoperations“
in peacebuilding
more
and
more reference to
Wed- includes
„Human
Rights
reporting“
human„Challenges
rights inand
its dilemmas
resolutions
since
1990s
20 August
of human
rights
protection
in post-conflict
- addresses
some theatres“
of the same serious
Thu country
Elaboration
of theas
seminar‘s
presentation
situations
the Human
Rights
21 August
Council does (Sudan, Sri Lanka, Congo, Côte
etc.)
Mon d’Ivoire
Presentation
to the General Audience
- could use the concept of responsibility to
25 August
protect (R2P), but has rarely done so
(controversial issue)
Proposed Schedule
UN Security Council and
Constitutive
SessionRights (2)
Human
Mon,
18 August Introduction: „International protection of Human
Rights“
- Decides on the mandate of PK operations
Tue
„UN-Responsibility for Human Rights in peacebuilding
operations“
19 August
- includes reference to human rights in 2 out
„Human Rights Officers in peacebuilding operations“
of 3 PK operation mandates
Wed
„Human Rights reporting“
20 August
„Challenges
and dilemmas
- Thematic
resolutions
on of human rights protection
in post-conflict theatres“
-- Children in armed conflict (SC 1261/1999;
Thu
Elaboration of the seminar‘s presentation
1612/ 2005)
21 August
-- Role of women (SC 1325/2000, 1820/2008,
Mon 1888 and
Presentation
to the 1960/2010)
General Audience
1889/2009,
25 August
-- Civilians in armed conflict (1265/1999;
1674/2006)
Schedule
UNProposed
Security
Council:
Mandate of PK operations
Mon,
Constitutive Session
18 August Introduction: „International protection of Human
SomeRights“
key questions:
to protect civilian
population?
Tue -How„UN-Responsibility
for Human
Rights in peacebuilding
19 August
-Whatoperations“
is the separation of roles
„Human Rights Officers in peacebuilding operations“
between the host government and the
Wed
„Human Rights reporting“
UN PK operation?
20 August „Challenges and dilemmas of human rights protection
-Howintopost-conflict
deal with
“spoilers”?
theatres“
to reactofto
Thu -HowElaboration
thehuman
seminar‘s rights
presentation
21 August
allegations by members of the local
Mon population?
Presentation
to the investigates,
General Audience who
Who
25 August
informs, how ensures accountability?
Proposed Schedule
UN Security Council
- Examples
for PK
operations mandates 1:
Mon,
Constitutive
Session
18 August Introduction: „International protection of Human
Sudan/UNAMID,
Rights“ UN SC Res. 1679/2007:
Tue„…15. Acting
„UN-Responsibility
HumanofRights
in Nations:
peacebuilding
under Chapter VII of for
the Charter
the United
(a) decidesoperations“
that UNAMID is authorised to take the necessary action, in
19 August
the areas of
deployment
of its Officers
forces andin
aspeacebuilding
it deems within itsoperations“
„Human
Rights
capabilities in order to:
Wed(i) protect its
„Human
Rights
reporting“
personnel,
facilities,
installations and equipment, and to
ensure the security and freedom of movement of its own personnel and
20 August
„Challenges and dilemmas of human rights protection
humanitarian workers,
post-conflict
(ii) supportin
early
and effectivetheatres“
implementation of the Darfur Peace
prevent the disruption
of its implementation
and armed
ThuAgreement,Elaboration
of the seminar‘s
presentation
attacks, and protect civilians, without prejudice to the responsibility of the
21 August
Government of Sudan“
Mon
Presentation to the General Audience
25 August
Proposed Schedule
UN Security Council
for PK
operations mandate 2:
Mon,Examples
Constitutive
Session
18 August Introduction: „International protection of Human
Sudan/UNMIS,
Rights“UN SC Res. 1590/2005:
Tue „…To assist
„UN-Responsibility
for Human Rights
in peacebuilding
the parties to the Comprehensive
Peace
Agreement
operations“
in promoting
the rule of law, including an independent judiciary,
19 August
and the protection
of human
rights of
people of Sudan
through
„Human Rights
Officers
in all
peacebuilding
operations“
a comprehensive and coordinated strategy with the aim of
Wedcombating
„Human
Rights
reporting“ to long-term peace and
impunity
and contributing
stability and
to assist the
parties
to the of
Comprehensive
20 August
„Challenges
and
dilemmas
human rightsPeace
protection
Agreement
to develop and
consolidate the national legal
in post-conflict
theatres“
framework;
Thu To ensure
Elaboration
ofhuman
the seminar‘s
presentation
an adequate
rights presence,
capacity, and
21 August
expertise within UNMIS to carry out human rights promotion,
protection, and monitoring activities“
Mon
Presentation to the General Audience
25 August
Proposed Schedule
UN Security Council
forSession
PK operations mandates 3:
Mon, Examples
Constitutive
18 August Introduction: „International protection of Human
DR Congo/MONUC
Rights“
Tue UN SC 1291/2000:
„UN-Responsibility for Human Rights in peacebuilding
operations“
…To facilitate
humanitarian assistance and human rights
19 August
monitoring,
with particular
attention in
to peacebuilding
vulnerable groups
„Human
Rights Officers
operations“
including women, children and demobilized child soldiers, as
WedMONUC„Human
Rights
reporting“ and under acceptable
deems within
its capabilities
security conditions,
in close
cooperationofwith
otherrights
Unitedprotection
20 August
„Challenges
and dilemmas
human
Nations agencies,
relatedtheatres“
organizations and non-governmental
in post-conflict
organizations;
Thu
Elaboration of the seminar‘s presentation
21 August
UN SC 1565/2004:
…to ensure the protection of civilians, including humanitarian
Mon personnel,
Presentation
to the General Audience
under imminent threat of physical violence,
25 August
UN
Security Council
Proposed Schedule
Examples for PK operations mandates 3:
Mon,
Constitutive Session
DR Congo/MONUC (continued): UN SC 1856/2008
18 August Introduction: „International protection of Human
Rights“
Protection
of civilians, humanitarian personnel and United
Nations
personnel and facilities
Tue
„UN-Responsibility
for Human Rights in peacebuilding
- Ensureoperations“
the protection of civilians, including humanitarian
19 August
personnel, under imminent threat of physical violence, in
„Human
Rights
Officersfrom
in peacebuilding
operations“
particular
violence
emanating
any of the parties
in theRights
conflict;reporting“
Wed engaged
„Human
- Contribute to the improvement of the security conditions in
20 August
„Challenges and dilemmas of human rights protection
which humanitarian assistance is provided, and assist in the
in post-conflict theatres“
voluntary return of refugees and internally displaced persons;
Thu - EnsureElaboration
seminar‘s
the protectionofofthe
United
Nationspresentation
personnel, facilities,
installations and equipment;
21 August
- Ensure the security and freedom of movement of United
Mon Nations
Presentation
to the
General Audience
and associated
personnel;
- Carry out joint patrols with the national police and security
25 August
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
Plus
Civilian human rights components in
Burundi, 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
Military peacekeepers: Human Rights roles
- 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
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/Pu
blic/viewdocument.aspx?id=2&docid=1014
4) (in German): Wolfgang S. Heinz/Joanna Ruszkowska, UNFriedensoperationen und Menschenrechte, Berlin; German
Institute for Human Rights 2009
Source: http://www.institut-fuermenschenrechte.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-fuermenschenrechte.de/de/themen/sicherheit/schwerpunkte/frie
densmissionen.html