SGTM 8: Human Rights in Peacekeeping

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”

Protect host country population Build confidence and defuse tensions 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

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

Internationally guaranteed Legally protected Human rights are: Universal Internationally guaranteed Legally protected Protect individuals and groups Cannot be taken away Equal and indivisible Oblige States and State actors

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

Treaties, conventions, covenants, declarations Define human rights Specify obligations of States Create mechanisms to implement and monitor

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

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)

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

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

Freedom of thought, conscience and religion 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

Freedom from arbitrary arrest, detention The human right to Fair trial Freedom from arbitrary arrest, detention Freedom of movement Privacy

Peaceful assembly, association The human right to Housing Freedom of expression Education Peaceful assembly, association

Specified in human rights treaties Determined by law 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

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

International humanitarian law Regulates the conduct of hostilities Protects civilian population, victims of conflicts and non-combatants

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

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

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

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

Human rights violations Summary executions Torture Arbitrary arrest, detention Discrimination Violence against women Genocide War crimes

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

Groups requiring special attention Women Children Old people Refugees IDPs Persons with disabilities

Human rights as a common standard of conduct and achievement 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 host Government must respect human rights principles and norms

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

Human rights units/components Military peacekeepers UN police Human rights roles in peace operations Human rights units/components Military peacekeepers UN police Other civilian components/units

Protection of civilian population 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

Monitoring and mentoring national police United Nations police roles Monitoring and mentoring national police Training and advising new national police forces Investigating and reporting Law enforcement

Civil affairs Electoral assistance DDR Public information Civilian components with human rights roles Civil affairs Electoral assistance DDR Public information

Take action in accordance with mandate, functions and situation 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

First try non-violent means 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

Be familiar with human rights concepts 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

Peacekeeper’s Motto “Be visibly present on the ground with the attitude and determination to deter abuses of human rights”