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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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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
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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
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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
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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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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
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Freedom from arbitrary arrest, detention
The human right to Fair trial Freedom from arbitrary arrest, detention Freedom of movement Privacy
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Peaceful assembly, association
The human right to Housing Freedom of expression Education Peaceful assembly, association
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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
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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 of hostilities Protects civilian population, victims of conflicts and non-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 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
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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 units/components Military peacekeepers UN police
Human rights roles in peace operations Human rights units/components Military peacekeepers UN police Other civilian components/units
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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
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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
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Civil affairs Electoral assistance DDR Public information
Civilian components with human rights roles Civil affairs Electoral assistance DDR Public information
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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
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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
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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
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Peacekeeper’s Motto “Be visibly present on the ground with the attitude and determination to deter abuses of human rights”
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