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On January 18, 2012, the Stanley Foundation held a conference entitled, R2P: The Next Decade. The morning panels discussed R2P in practice; more specifically, panelists spoke about policy approaches since 2005 in the countries of Guinea, South Sudan/Darfur, Somalia, Syria, Democratic Republic of Congo, Kenya, Kyrgyzstan, and Libya.

Ambassador Bruno Stagno Ugarte, Executive Director of Security Council Report, considers Darfur and South Sudan to be the worst cases, due to the “moral abnegation” of international players within and outside of the Security Council. While the case of Darfur was referred to the International Criminal Court, there was no follow-up and member states’ non-cooperation has not been condemned. Guinea is seen as the best case, due to the fact that it had the lowest threshold of violence and said violence was episodic, not systematic. Syria is an open case, as it was an “unintended victim of the success and excess” of the Libyan intervention, and an “expected victim” of geography. Last, Somalia is “debatable” as it transcends R2P and is a failed state by definition. He asserts that effective prevention action is crucial at the earliest stages of a conflict and that what’s most important is translating principle into practice.

The next speaker was Adekeye Adebajo, Executive Director of the Centre for Conflict Resolution at the University of Cape Town, South Africa. He stated that 70% of UN Peacekeepers are deployed in Africa and protection is the responsibility of individual states. UN Peacekeepers and organizations such as the Economic Community of West African States Monitoring Group (ECOMOG) are tasked with creating, consolidating, and keeping peace. As such, he wants to see: multilateralism in future interventions under the UN flag; a strengthened Economic Community of West African States (ECOWAS) mediation unit; Security Council support for ECOWAS and a regional approach; effective legal, political, and military sanctions against warlords and UN panels to name and shame world leaders fueling conflict; and the R2P principle incorporated into the doctrines of African bodies. He also believes that the five permanent members of the Security Council (China, Russia, France, the United States, and the United Kingdom) need to focus on collective, rather than selective, security.

Jean-Marie Guéhenno, Arnold Saltzman Professor of Professional Practice in International and Public Affairs at the School of International and Public Affairs at Columbia University, says that what ties the cases of the aforementioned countries together is the presence or absence of political strategy. Moving forward, there is a central need for viable political strategies. Though he considers Guinea to have been a predictable crisis, there was no willingness to do anything on the part of the international community. He is hesitant to use the term ‘genocide’ to describe Sudan, since he says that words have baggage, and ‘genocide’ has “enormous baggage.” He also contends that force is just a political tool but that the expectation on what it can achieve needs to be raised. He concluded by saying that Somalia and Syria illustrate the dangers of multiple agendas.

Ivan Šimonović, Assistant Secretary-General, United Nations High Commissioner for Human Rights, says that the focus has shifted and R2P is becoming victim-centered. Preventive activities and human rights promotion are imperative, as is monitoring and reporting in potential conflict areas, which proved to be successful in Cote d’Ivoire. He drew comparisons between Guinea and Syria, in the nature of violations, droves of peaceful demonstrators, and the establishment of commissions of inquiry. However, they differ because Guinea was a clear situation of full Security Council support with strong backing by ECOWAS while Syria was a fragile consensus, which limits the capacity of regional mechanism to act decisively. Moreover, the major difference is the attitudes of the governments themselves.

Abdel-Elah Al-Khatib, Special Envoy of the UN Secretary-General for Libya and Jordan noted that in Egypt and Tunisia, the role of the military facilitated the ouster of President Hosni El Sayed Mubarak and President Zine al-Abidine Ben Ali, respectively. Unfortunately, such was not the case in Libya. Knut Vollebaek, High Commissioner on National Minorities, Organization for Security and Cooperation in Europe (OSCE), posed the following questions:

-What is the best way to respond to a crisis?

-Who bears the international responsibility to protect?

-What are the limits of prevention?

In considering the answers, he discussed the case of Kyrgyzstan, where intercommunal violence broke out in 2010 after President Kurmanbek Bakiyev was overthrown. Hundreds of people, especially Uzbeks and other minorities, died, thousands were injured, and hundreds of thousands were displaced. Additionally, arson, rape, and other atrocities were committed. Vollebaek encourages prevention through diplomacy, as well as a “formal early warning indicating that the situation has gone beyond a level” that the High Commissioner can contain, one where there is a “prima facie risk of potential conflict,” which has thus far happened twice—in Kyrgyzstan, and in Macedonia in 1999. Among the OSCE member states, early warning should be followed by early action. But the most fundamental aspect of prevention is an “emphasis on building capacity of states to fulfill their basic responsibilities.” He went on to say that prevention in practice is long-term and unrewarding, thus it finds resistance among domestic actors and the international community who are more interested in immediate dividends.

At the panel, R2P as a Tool — Identifying Past and Potential Added ValueAlex Bellamy, Professor of International Security at the Centre for Governance and Public Policy in Australia, pointed out the value of consensus, referring to the global consensus that underpins R2P. He describes R2P as being “disarmingly simple and straightforward in its demand and very clear about its meaning and scope.” Bellamy said R2P further finds value in changing habits and mindsets, mainstreaming the atrocity prevention lens by setting standards, and providing a common vision and shared goal.

Edward C. Luck, Special Adviser to the UN Secretary-General on the Responsibility to Protect, contributed that R2P protects populations by preventing, genocide, ethnic cleansing, war crimes, and crimes against humanity, as well as their incitement.  Additionally, a narrow but deep approach is correct and the three pillars of R2P are parallel—there must be political preparation or response capacities in place (local, regional or global); all three pillars must be worked on simultaneously, not one after the other. Luck also emphasized, “It is false division to talk about prevention on one hand and response on the other, they tend to merge when you come around to the actuality of making policy. They are interdependent and interactive, neither will have much credibility without the other.”

Keynote speaker United Nations Secretary-General Ban Ki-moon echoed the sentiments of the aforementioned speakers. After his introductory thanks and remarks, he quickly pointed out, “[…] delivering on the Responsibility to Protect requires partnership and common purpose. We get the best results when global and regional institutions push in the same direction. In 2011, we stood firm for democracy in Côte d’Ivoire. Yet, we could not have succeeded without the leadership and partnership of the African Union and the Economic Community of West African States, ECOWAS.” On the flip side, however, “We learned lessons about our own limitations, as well. Consider the recent violence in South Sudan. We saw it coming weeks before. Yet we were not able to stop it – unfortunately. Nor was the government, which like others has primary responsibility for protecting its citizens. The reason was painfully simple: we were denied the use of necessary resources.”

Secretary-General Ki-moon declared 2012 the Year of Prevention: “Prevention does not mean looking the other way in times of crisis, vainly hoping that things will get better…Nor can it be just a brief pause while Chapter VII “enforcement measures” are being prepared. Prevention means proactive, decisive and early action to stop violence before it begins…the key to preventing genocide, war crimes, ethnic cleansing and other crimes against humanity lies within each society. These crimes occur far less often in places where civil society is robust, where tolerance is practiced, and where diversity is celebrated. Political figures cannot incite mass violence for their own ends where the rights of minorities and the rule of law are respected.”

He concluded by speaking about Syria, and his repeated condemnation of President Assad’s violence. The problem lies in the fact that the Security Council is divided on this particular case and efforts by regional actors such as the Arab League have proved fruitless thus far. Though he could not say what would happen next, he did remind the audience, “Such is the nature of the Responsibility to Protect. It can be a minefield of nuance, political calculation and competing national interests. The result too often is hesitation or inaction. This we cannot afford.”

Photo: un.org

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In Secretary-General Ban Ki-moon’s 2009 Report Implementing the Responsibility to Protect, he outlines the three pillars of the principle:

  1. The enduring responsibility of the State to protect its populations, whether nationals or not, from genocide, war crimes, ethnic cleansing and crimes against humanity, and from their incitement.
  2. The commitment of the international community to assist States in meeting those obligations.
  3. The responsibility of Member States to respond collectively in a timely and decisive manner when a State is manifestly failing to provide such protection.

In response to the common misunderstanding of the third pillar as use of force, the International Coalition for the Responsibility to Protect has created a new educational document detailing the third pillar’s range of measures and key actors.

And in furtherance of international commitment to the principle, the Global Centre for the Responsibility to Protect this week wrote an open letter to the United Nations member states, urging them to prioritize setting goals for advancing R2P over the next year. Former diplomats and UN officials wrote how this year alone, lives were saved in Guinea, Côte d’Ivoire, and Libya through international efforts to uphold R2P. Specifically, they called on member states to:

  • Appoint a senior government official as a national focal point for R2P.
  • Encourage all relevant UN agencies and departments to incorporate an R2P perspective into their activities.
  • Use the tools available to the General Assembly to uphold R2P and take preventive and protective action.
  • Work together to develop additional goals and benchmarks for advancing R2P.

Addressing the opening of the General Assembly this week, Estonian president Toomas Hendrik Ilves (pictured above) spoke of the importance of international law, the International Criminal Court, and upholding the rule of law. He stressed the importance of developing common practices and the capacity to actually implement R2P.

Photo: un.org

* Representative Chris Smith, head of the House of Representatives’ Foreign Affairs Subcommittee on Africa, convened an emergency meeting to discuss the escalation of violence in the Sudanese state of South Kordofan. Smith called for the immediate dispatch of peacekeepers to the area, which he believes “could be very effective in mitigating the loss of life.” This position is likely to be championed by U.S. officials at the United Nations Security Council meeting today.

* According to reports, since the Syrian government’s crackdown on protesters began, thousands of government soldiers have defected and hundreds have been arrested after refusing to obey orders to indiscriminately open fire on protesters.

* Four former Guatemalan soldiers were sentenced to over 6,000 years in prison after being tried for crimes against humanity. They were found guilty of participating in the Dos Erres massacre, in which hundreds of civilians were slaughtered in a Guatemalan village by the military.

 * In a telephone conversation with Syria’s president on Saturday, United Nations Secretary-General Ban Ki-moon once again condemned the government’s brutal crackdown on protestors and requested that the country’s borders be opened to international humanitarian organizations.

Photos (from top): rawstory.com, egyptianintifada.com, global post.com

Sri Lanka: New documentary reignites debate

Sri Lanka’s Killing Fields (watch it here; viewer discretion advised), a British documentary that details the last days of the decades-long Sri Lankan civil war, has reignited discussions about the prosecution of war crimes possibly committed at the end of the conflict. Sri Lanka’s government has long maintained that it perpetrated no crimes in its 2009 offensive into territory held by the Liberation Tigers of Tamil Eelam.

Despite a post-conflict UN investigation that found credible evidence of war crimes on both sides, neither the UN nor Sri Lanka itself has shown any interest in acting on the investigation’s findings, and Security Council members Russia and China supported the Sri Lankan government’s claim that it took justified and necessary measures to end a stubborn resistance.

The documentary, which aired yesterday on the UK’s Channel 4, depicts evidence of crimes including indiscriminate bombardments, extrajudicial executions, and rape and murder.

NGOs and governments alike have released statements calling for further investigation. But UN Secretary-General Ban Ki-moon has stated that he can only call for an investigation if the Sri Lankan government consents.

Photo: TamilCanadian.com

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