Human rights and conflict

• SGTM 8: Human Rights in Peacekeeping

Human rights and conflict

• 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

• Protect host country population

• Build confidence and defuse tensions

• Prevent future conflicts

• Increase the effectiveness of peace operations

Promotion of and respect for human rights for all is a purpose of the Organization

• 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)

• 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

Life

• Life

• Freedom from torture and cruel, inhuman or degrading treatment or punishment

• Not be held in slavery

• Freedom of thought, conscience and religion

Fair trial

• Fair trial

• Freedom from arbitrary arrest, detention

• Freedom of movement

• Privacy

Housing

• Housing

• Freedom of expression

• Education

• Peaceful assembly, association

Specified in human rights treaties

• 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 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

Monitor and investigate human rights violations

• 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

• Human rights units/components

• Military peacekeepers

• UN police

• Other civilian components/units

Protection of civilian population

• 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

• Monitoring and mentoring national police

• Training and advising new national police forces

• Investigating and reporting

• Law enforcement

Civil affairs

• Civil affairs

• Electoral assistance

• DDR

• Public information

Note the facts

• 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

• 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

• 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

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

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