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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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* France continues its policy of carrying out mass evictions and expulsions of Roma, despite a warning from the European Commission, as well as a threat of EU sanctions, over a year ago. On September 29 Human Rights Watch made public a briefing paper it sent to the European Commission regarding the inadequacy of an immigration law France passed this year in June. The new law, designed to address the European Commission’s grievances, was deemed adequate by the European Commission in August, but Human Rights Watch says it in fact targets the Roma: “The law allows authorities to expel EU citizens for ‘abuse of rights’ if they have been in France on repeat short-term stays or are in France ‘for the fundamental purpose’ of benefiting from the social assistance system. This flies in the face of EU law, which allows citizens of member countries to stay in any EU country for up to three months without conditions.” Around 9,500 Roma were expelled in 2010, according to French government figures. In the first three months of this year, 4,714 Roma were expelled.

* Three protesters were killed in Guinea on September 27, on their way to a demonstration against parliamentary elections slated for December, which they say will be a sham. Amnesty International points out that the murders occurred on the eve of the second anniversary of 2009’s stadium massacre in Conakry, the nation’s capital. This underscores the continuity of violent tactics in Guinea’s recent history, despite the capitulation of military rule, which followed the contested election in 2010 that put current president Alpha Condé in power. “If this recurrent excessive use of force by police is to be stopped, it is essential to put an end to the climate of impunity that appears to be prevailing in Guinea,” said Paule Rigaud of Amnesty International. On September 27, Human Rights Watch reported that no one has been held to account for the 2009 massacre by Guinean security forces, which resulted in the death of 150 people and the rape of more than 100 women. A UN-led International Commission of Inquiry concluded, in 2009, that the Guinean government’s actions could be described as “crimes against humanity.”

* Former Rwandan public service minister Prosper Mugiraneza and his trade counterpart, Justin Mugenzi, were convicted by the ICTR on September 30 of complicity to commit genocide and incitement to commit genocide. Africa Review points out that the sentence comes 12 years after their arrest in 1999, and 8 years after the start of their trial in 2003. The ICTR acquitted two other ministers of the same charges due to lack of evidence. The trials, held in Arusha, Tanzania, address the 1994 genocide in Rwanda that claimed the lives of over 800,000 people in the span of 100 days.

Photo: turkeymacedonia.wordpress.com

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

In an interview yesterday, Edward Luck, special adviser to the United Nations Secretary-General for the responsibility to protect, offered wide-ranging comments on the concept of R2P, past, present, and future.

In explaining R2P’s origins, Luck cited massacres like the Rwandan genocide and Cambodia’s “killing fields,” which made clear the need for a framework of principles to help protect civilians while taking into account the international system’s deep-rooted notion of state sovereignty. R2P, as conceived in 2001, seemed to present a perfect middle ground, and according to Luck its evolution has so far been successful.

Apart from NATO’s heavily criticized intervention in Libya, and the mixed outcome of Côte d’Ivoire, Luck says R2P has helped in Kyrgyzstan and Guinea, although these cases received less media coverage. In Libya’s case, he argued, most of the negative response has focused on the use of force, which isn’t R2P’s main goal and therefore shouldn’t be the litmus test of its success.

“For us the job isn’t response, the job is prevention,” Luck said. “Many people think that responsibility to protect is all about the use of military force after the bodies start piling up. For us, that isn’t morally acceptable.”

On the topic of Syria, Luck discussed why it is that R2P was applied to help the Libyans while the Syrian people seem to have been abandoned, explaining it mainly in terms of the influence of regional organizations.

In Libya’s case, Luck said, “the Arab League, the African Union, the Gulf Cooperation Council, all acted before the Security Council did. . . . In this case it was really the way the [UN] Charter had meant it to be: the parties and then the regional bodies first try to resolve the differences.” This contrasts with Syria, where support for intervention from regional organizations has been absent.

Luck also cited the language used by Qaddafi, who referred to protesters as “cockroaches” and said he would “cleanse Libya house by house.” Assad, on the other hand, has been more careful. “We listen to what leaders say as well as watch what they do,” Luck said.

Speculating on R2P’s future, Luck says he hopes and believes that, rather than meeting its demise, R2P will become so absorbed into the way states think of their responsibilities, and so much a part of civil society, that his office at the UN “simply could go out of business.”

The interview fails to mention one glaring issue: namely, the Sudanese state of South Kordofan. By all accounts the regime in Khartoum, since June 5, has engaged in illegal policies that target civilians of specific ethnic groups for torture and arrest and murder. Criticism has been hurled at the UN and its member states for their lack of action and avoidance of the issues—as Luck himself does in the interview.

Genocide scholar Samuel Totten, who has written extensively on Sudan, wrote an opinion column last week arguing that South Sudan fits all the requirements for R2P intervention. Yet, he wrote: “the international [community] largely plays dumb, claiming ‘I see no evil’ and ‘I hear no evil.’ The latter, of course, conveniently translates into, ‘Thus, I do not need to deal with evil.’ Such a position is totally antithetical to the concept of The Responsibility to Protect. Indeed, it is akin to seeking an easy (and unconscionable) way out of acting responsibly.”

In contrast to Luck’s optimistic view of the future of R2P, Totten declared that it was “on the verge of becoming a dead letter.”

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