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By MARISSA GOLDFADEN

The Genocide Prevention Advisory Network recently issued a conference report from their advanced workshop at The Hague on March 14-15, 2012. Focusing on the emerging global and regional architectures aiming at the prevention of genocide, war crimes, and crimes against humanity, the conference addressed the following questions:

  • What guiding principles are emerging to shape the architecture and community of genocide prevention and its relevant fields?
  • What can GPANet offer to articulate those principles and strengthen these emerging capacities?
  • How can GPANet work in partnership to support and facilitate local, national, regional and international prevention networks?

The papers presented at the conference dealt with the topics of early warning and data gathering and verification systems, case studies on Somalia, linkages with terrorism, and lastly, perspectives on genocide prevention. This final subject is what we’ll focus on, given the work of AIPR.

Discussing Holocaust education and genocide prevention, Yehuda Bauer spoke of the “problematic” text of the Genocide Convention and the resultant inefficacy of the United Nations to prevent or halt instances of genocide post-World War II: two examples being Rwanda in 1994 and Sudan at present. Given the structure of the Security Council, geopolitical interests often trump those of the humanitarian variety. Moreover, Bauer argues that race and ethnicity are modern social constructs, given the singular origin of the human species. This leads to the common “us vs. them” framing that serves to precipitate genocide. All of this is compounded by the fact that, “There is a dialectical development one can discern in international politics, reflecting two contradictory global trends: a tendency towards greater unification on the one hand, and an opposing tendency towards greater autonomy and independence of ethnic and/or national groups on the other hand.”

Gregory Stanton, president of Genocide Watch and formulator of the Eight Stages of Genocide model, noted Genocide Watch’s early warning system and how “[r]apid response by regional alliances has prevented or stopped several genocides: in East Timor, Kosovo, Côte d’Ivoire, Ethiopia , and Sierra Leone.” He also spoke of the success of international tribunals and the creation of the ICC. Having worked against genocide for 30 years, Stanton says he has learned two things about genocide prevention. He states:

  1. The first lesson is the direct result of our own human incapacity to comprehend or feel sympathy for large groups of people halfway around the world. Because individuals cannot do that, we need permanent institutions established that will watch out for precursors of genocide, take action to prevent it, intervene to stop it, and arrest and prosecute those who commit it.
  2. The second lesson I have learned is that genocide prevention must start and be led by people from countries at risk. It cannot be led by an American organization in Washington, DC, led by a pacifist director, that is unwilling to advocate the use of force to stop genocide. Prevention must especially begin from the ground up in countries at risk of genocide. A true International Alliance to End Genocide can support such local efforts and create an international mass movement to end genocide.

Daniel Feierstein then offered “A Critique of the Hegemonic View of the Current Genocidal Conflicts: A Perspective from the Latin American Margin.” His understanding of genocide seeks to dismantle a simplistic “Good People vs. Bad People” scenario and instead puts forth a perspective where genocide is “a technology of power used very successfully to destroy and reorganize social relationships and identities.” He believes “this would be a better explanation of why it continues beyond our collective calls of ‘never again.'” He went on to point out three different initiatives as possible alternatives to the military intervention model:

1. The UNASUR (Union of South American Nations) Experience

Since the UNASUR Constitutive Treaty was signed on May 23, 2008, UNASUR has helped four countries in the region that have experienced the possibility of new violent conflicts: Bolivia (2008), Honduras (2009), Ecuador (2010), and the conflict between Colombia and Venezuela (2010). In each case there was a major crisis with strong potential to trigger atrocity crimes.

2. The Regional Fora on Genocide Prevention

Writes Feierstein, “The idea was to meet all the governments of a region to create an open exchange and debate on how to prevent possible genocidal conflicts. As every government is involved in the discussions, there is a possibility (only a possibility, but we should have little utopias, which are more possible to achieve than the big ones) that the real problems of the regions will appear. It is even possible that some approaches to resolve them will emerge, as there are few instances in which the governments are invited to debate on regional perspectives to analyze and prevent genocide.”

3. The Auschwitz Institute for Peace and Reconciliation

AIPR has organized several meetings with mid- and low-level representatives, with the idea that governments change but there are some kinds of officers who continue in their key positions as professionals and/or bureaucracy. The objective of the AIPR is to train those people in early warning and genocide prevention as a challenge for the future.

The  workshop concluded with a concept note by Alice Ackermann on emerging genocide prevention structures in Europe and Liberata Mulamula discussing the same in the context of the Great Lakes region of Africa.

By MARISSA GOLDFADEN

Today, the Global Centre for the Responsibility to Protect released the fourth issue of their bimonthly bulletin, R2P Monitor. This issue features Syria, Sudan, and DR Congo, all in “Current Crisis,” and Libya, Nigeria, Côte d’Ivoire, Burma/Myanmar, South Sudan, Somalia and Central Africa, with situations of “Serious Concern.” Current crises are those where mass atrocity crimes are occurring and urgent action is needed; serious concern indicates that there is a significant risk of occurrence, or recurrence, of mass atrocity crimes within the foreseeable future if effective action is not taken.

In analyzing the violence in Syria, the Centre touches upon mounting sectarian divisions (which we wrote about here back in February), as well as divisions within the United Nations Security Council. While they call on the Syrian government to “immediately cease attacks on civilians and adhere to [Kofi Annan’s] six-point plan,” collective action must also be taken by the Security Council, General Assembly, and the whole of the international community.

Similar necessary action is laid out for Sudan, where the government “should allow immediate and unhindered humanitarian access to all areas of South Kordofan and Blue Nile. Crimes against humanity and war crimes perpetrated in South Kordofan, Blue Nile, Abyei and Darfur should be thoroughly investigated by a credible and independent body authorized by the UN.” The Security Council is also urged to take steps beyond an investigation in order to better secure a long-term conflict resolution.

In the case of Congo, the brunt of the responsibility for addressing the threat of terrorist factions and militias falls on the government and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). Other parties charged with acting in this instance are international donors and countries with whom DRC shares borders.

As one would anticipate given the name and nature of the Centre and its publication, the key recommendations appear to be structured parallel to the pillars of R2P:

1. The State carries the primary responsibility for the protection of populations from genocide, war crimes, crimes against humanity and ethnic cleansing.
2. The international community has a responsibility to assist States in fulfilling this responsibility.
3. The international community should use appropriate diplomatic, humanitarian and other peaceful means to protect populations from these crimes. If a State fails to protect its populations or is in fact the perpetrator of crimes, the international community must be prepared to take stronger measures, including the collective use of force through the UN Security Council.

Earlier this week, Genocide Watch and the Genocide Prevention Advisory Network (GPAN) put out a list and map of countries at risk of genocide, politicide, or mass atrocities in 2012. Categorized as current massacres, potential massacres, or polarization, a majority of the countries are in the Middle East and Africa. Current massacres are taking place in DR Congo, Sudan, Eastern Congo, Uganda, Syria, Somalia, Afghanistan, Pakistan, North Korea, Myanmar, and Ethiopia. According to GPAN, these countries are “at the mass killing stage. They have active genocides, recurring genocidal massacres, or ongoing politicides. They are erupting.” The groups and factions comprising the victims and killers include government supporters or protesters, militias, religious and ethnic groups, armies, and terrorist organizations. Which side they fall on varies by region.

In their article, How Mass Atrocities End: An Evidence-Based Counter-NarrativeAlex de WaalJens Meierhenrich, and Bridget Conley-Zilkic examine the narrative frameworks that inform today’s agenda of “protection of civilians” in conflict:

 1. A teleological assumption that the occurrence of attacks against civilians will, unless halted or deterred from outside, inevitably escalate towards genocide.

2. An epistemological assumption that privileges coercive military operations conducted on humanitarian grounds by international forces.

3. An ethical imperative based on the above teleology and epistemology that forecloses the historical and political discussions of how mass atrocities actually end.

Using comparative evidence from a variety of cases, beginning with the Holocaust and continuing through Libya, they then provide “a counter narrative to the dominant civilian protection agenda by returning to the historical record of how mass atrocities end.”

As to the first point, Jens Meierhenrich (pictured above) has put forth a general framework for studying genocide termination that contests this teleology. He argues for separating genocidal acts, campaigns, and regimes to better distinguish between different endings and, significantly, how each informs different policy options. In addressing the aforementioned epistemological assumption, the authors divide the ending of mass atrocities into five categories: 1) violence halted by the perpetrators once goals are met; 2) elite dissension or exhaustion within the perpetrator regime; 3) victims of violence flee or otherwise resist; 4) interventions waged by interested outside parties; or 5) humanitarian intervention.

Finally, questioning the ethical imperative, the authors relate a question that they deem to have been inadequately engaged by policy experts and researchers alike: How does one recognize when genocide or mass atrocities end? As they explain, “This question, let alone the equally, if not more complicated, question of how such violence ends has been caught up in the normative assumption about how they ought to end.”

While an optimal ending of mass atrocities is outlined as one in which vulnerable civilians are rescued, perpetrators are punished, and the state is justly reconstructed to address the conditions that enabled violence to occur, actual endings can rarely be described as optimal. But it is important to pay attention to what forces have played a tangible role in ending violence in order to garner a better understanding of how to interact with complex situations, what tools might achieve which exact goals, and a realistic expectation in terms of ending mass atrocities when this objective is obscured by competing agendas.

The authors describe some endings as being “the successful completion of a genocidal campaign, called off when the perpetrator regime is consolidated or when the political landscape alters such that the political rationale for mass violence against civilians is reduced. Other endings occur when the genocidal regime is removed from power, through successful resistance or invasion, or is fought to a standstill . . . Some endings are simply respite—a gap between genocidal campaigns conducted by a regime with an intact apparatus of mass violence.”

The article concludes by contending that the current undertaking of preventing genocide seeks to go beyond this singular aim to decisively resolve conflict and achieve transitional justice. Instead of the sole and default response of establishing a new regime “with ethical credentials commensurate with the horror that preceded it,” the authors’ approach “[. . .] eschews arguing from ‘ought’ to ‘is,’ and instead addresses the complexities of real politics and develops a rich comparative evidence base.” It seeks practical responses in the details of particular circumstances as opposed to deriving analysis and policy from universals that stem from moral impulses. Ultimately, such an approach should result in more effective prevention policymaking and reactions.

Photo: lseinternationalrelations.wordpress.com

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

* In a report titled “You Don’t Know Who to Blame: War Crimes in Somalia,” Human Rights Watch claims that all parties involved in the country’s ongoing conflict—al-Shabaab militants, Transitional Federal Government (TFG) forces, African Union troops, and government-aligned militias—have “committed serious violations of the laws of war that are contributing to the country’s humanitarian catastrophe.” These violations—which include indiscriminate artillery attacks, arbitrary arrests and executions, and the extortion and abuse of refugees—have made aiding those affected by the war and the famine more difficult. Human Rights Watch called on all parties to protect civilians and requested that international donors to the TNG establish “clear human rights benchmarks” to help ensure the government begins to abide by international humanitarian law.

* The United Nations Office of the High Commissioner for Human Rights released a report today documenting human rights violations during the conflict in the Sudanese state of South Kordofan. While both the rebels and the government are implicated, the report attributes a majority of the violations to government forces, which have purportedly targeted civilians during military operations, executed and arrested suspected rebel members, and indiscriminately bombed villages. Unconfirmed sightings of mass graves outside the city of Kadugli were also documented. The United Nations has called on Khartoum to allow international monitors to perform unhindered investigations into these allegations.

* During a press conference on Thursday, U.S. State Department spokesperson Victoria Nuland told reporters that the government is prepared to work with the international community to establish “an international commission” to investigate allegations of crimes against humanity committed by the Burmese government during its clashes with ethnic rebels. This announcement comes shortly after thirteen female U.S. Senators sent a letter to Secretary of State Hillary Clinton in which they called for action against the Burmese regime for its use of rape as a weapon of war. “We are prepared to work to establish an international Commission of Inquiry through close consultation with our friends and allies,” Nuland stated.

* Following a meeting of the African Prosecutors Association, chief prosecutors from a number of African countries have vowed to step up their efforts to find, arrest, and extradite fugitives wanted for crimes committed during the 1994 Rwandan genocide. One way they hope to do this is through a greater level of intelligence sharing on the whereabouts of suspected criminals. There are reportedly 110 “indictments and appeals for arrests” still out for individuals suspected of being involved in Rwanda’s genocide.

Photos (from top): bar-kulan.com, Peter DiCampo/Pulitzer Center, news.az

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