SGTM 8: Human Rights in Peacekeeping

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• SGTM 8 Human Rights in Peacekeeping

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Structure of Presentation

• Human rights and conflict
• Definition of human rights
• Legal basis for human rights
• Examples of human rights
• International humanitarian law
• Human rights violations
• Applying human rights in peace operations
• Scenario on the Use of Force and Firearms

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Protecting human rights and preventing
violations is important to

• Protect host country population
• Build confidence and defuse tensions
• Prevent future conflicts
• Increase the effectiveness of peace operations

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Human rights

• Are legal entitlements
• Protect both individuals and groups
• Uphold respect for human dignity
• Are modern norms but an ancient principle

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Human rights are

• Universal
• Internationally guaranteed
• Legally protected
• Protect individuals and groups
• Cannot be taken away
• Equal and indivisible
• Oblige States and State actors

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United Nations Charter (1945)

• Promotion of and respect for human rights for all
  is a purpose of the Organization
• Establishes legal obligations for Member States
  to take action to achieve respect for human rights

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Treaties, conventions, covenants, declarations

• Define human rights
• Specify obligations of States
• Create mechanisms to implement and monitor

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International Bill of Human Rights

• Universal Declaration of Human Rights (1948)
• International Covenant on Civil and Political
  Rights
• International Covenant on Economic, Social and
  Cultural Rights

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• Civil and political rights(right to life,
  liberty, equality before the law, freedom of
  thought and religion)
• Economic, social and cultural rights (right to
  food, housing, education)

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Human rights treaties on

• Elimination of racial discrimination
• Elimination of discrimination against women
• Prohibition of torture and other cruel, inhuman
  or degrading treatment or punishment
• Rights of the child
• Rights of migrant workers

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Human rights and countries hosting peace
operations

• Are obligated to protect human rights
• Often party to specific human rights treaties and
  have accepted obligations
• Peace agreements usually incorporate human rights
  obligations for the Parties

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The human right to

• Life
• Freedom from torture and cruel, inhuman or
  degrading treatment or punishment
• Not be held in slavery
• Freedom of thought, conscience and religion

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The human right to

• Fair trial
• Freedom from arbitraryarrest, detention
• Freedom of movement
• Privacy

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The human right to

• Housing
• Freedom of expression
• Education
• Peaceful assembly,association

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Some rights may be limited, but only when

• Specified in human rights treaties
• Determined by law
• Rights of others or the general public must be
  protected
• Proportional to the objectives pursued

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Derogations

• Some rights may be derogated, temporarily
  suspended, under very strict and specific
  conditions, in situations of emergency

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International humanitarian law

• Regulates the conduct ofhostilities
• Protects civilian population,victims of
  conflicts andnon-combatants

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International humanitarian law

• Applies in all situations of armed conflict
• Safeguards principles of humanity in all
  situations
• Respects and protects non-combatants, wounded,
  sick, shipwrecked, prisoners and civilians

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International humanitarian law, key principles

• Assist and care for all persons suffering from
  the effects of conflict without discrimination
• Ensure their access at all times to a protecting
  Power or an impartial humanitarian organization

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Prohibited in all circumstances are

• Murder
• Torture
• Corporal punishment
• Mutilation
• Outrages on personal dignity
• Hostage-taking
• Collective punishment
• Executions without regular trial
• Cruel and degrading treatment

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Prohibited in all circumstances are reprisals
against

• The wounded, sick and shipwrecked
• Medical personnel and services
• Prisoners of war
• Civilians
• Civilian and cultural objects
• Natural environment

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Human rights violations

• Summary executions
• Torture
• Arbitrary arrest, detention
• Discrimination
• Violence against women
• Genocide
• War crimes

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Crimes against humanity

• Murder
• Extermination
• Enslavement
• Torture
• Deportation, forcible transfer
• Rape, sexual slavery, enforced prostitution or
  sterilization, forced pregnancy
• Imprisonment, other deprivation of physical
  liberty
• Persecution of any group
• Enforced disappearance
• Apartheid

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Groups requiring special attention

• Women
• Children
• Old people
• Refugees
• IDPs
• Persons with disabilities

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Human rights in peacekeeping

• Human rights as a common standard of conduct and
  achievement
• Peace operations must be conducted with full
  respect for principles, norms, spirit of human
  rights conventions
• United Nations personnel and hostGovernment must
  respect human rights principles and norms

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Human rights components

• Monitor and investigate human rights violations
• Report on violations
• Conduct advocacy and interventions
• Human rights capacity-building
• Engage with humanitarian and development partners
• Support peace process and transitional justice
• Conduct in-mission training and sensitization on
  human rights issues
• Provide technical assistance and advice to other
  components

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Human rights roles in peace operations

• Human rights units/components
• Military peacekeepers
• UN police
• Other civilian components/units

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Human rights roles for military

• Protection of civilian population
• Wide operational presence, detailed knowledge of
  area, movements
• Monitoring and reporting of violations
• Deterrent effect through visible presence
• Armed capacity to stop abuses
• Positive example through their conduct

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United Nations police roles

• Monitoring and mentoring national police
• Training and advising new national police forces
• Investigating and reporting
• Law enforcement

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Civilian components with human rights roles

• Civil affairs
• Electoral assistance
• DDR
• Public information

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If human rights violations are observed

• Note the facts
• Take action in accordance with mandate, functions
  and situation
• Immediately report the violations
• Coordination with human rights components
• Follow the situation

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When using force

• First try non-violent means
• Use force only if necessary to pursue lawful
  objectives
• Use only minimum force needed
• Always apply force in proportion to objectives
• Exercise restraint and minimize damage and injury
• Provide medical aid to the injured

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In summary

• Be familiar with human rights concepts
• Understanding human rights is necessary to
  performing your functions effectively
• Respect human rights at all times
• Protecting and respecting human rights helps
  maintain credibility and legitimacy of United
  Nations

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Peacekeepers Motto

• Be visibly present on the ground with the
  attitude and determination to deter abuses of
  human rights