Application of the ‘Responsibility to Protect’ norm to the International Community’s Response to the Humanitarian Crises in Zimbabwe and Darfur. by Patrick Dzimiri Student Number: 28457600 A Thesis Submitted in Partial Fulfilment of the Requirements for the Degree: Doctor Philosophiae (DPhil) International Relations in the Department of Political Sciences at the UNIVERSITY OF PRETORIA FACULTY OF HUMANITIES SUPERVISOR: DR YK. SPIES February 2016 DECLARATION I hereby declare that the dissertation submitted for Doctor Philosophiae (DPhil) International Relations at the University of Pretoria, apart from the help of the recognised, is my own work and has not been formerly submitted to another university for a degree. Patrick Dzimiri February 2016. Signature………………………. Date……………………… i ABSTRACT The Responsibility to Protect (RtoP) is an interdisciplinary normative framework that reconceptualises state sovereignty as a responsibility rather than a right. It obliges states to protect their people from humanitarian catastrophe, and in the event of state failure or unwillingness to heed this responsibility, requires of the broader international community to assume the residual duty to protect. When the principles of RtoP were endorsed by world leaders at the United Nations’ 2005 World Summit, it seemed as though the normative regime was gaining currency in international relations. However, the operationalization of RtoP continued to be dogged by controversy and conceptual ambiguity. This prompted UN Secretary-General Ban Ki-Moon in January 2009 to appeal to the international community to strengthen the “doctrinal, policy and institutional life” of the norm. This study responds to Ban’s call and seeks to complement efforts of scholars across the world to refine the conceptual parameters of RtoP. Two African case studies of humanitarian crisis during the first decade of the 21st Century, respectively Darfur and Zimbabwe, are analysed. In both cases there is ample evidence that the governments in question defaulted on their sovereign responsibilities, thus necessitating RtoP-guided action by the international community. Based on an inventory of responses to the two crises by non-state, individual state and broader intergovernmental entities, the study finds that the behaviour of these actors complied at different times and to varying extents with the triadic RtoP sub-responsibilities of prevention, response and rebuilding. A specific analytical instrument – the RtoP ‘Tool Box’ developed by Gareth Evans in 2008 (and expanded on in 2013 by the International Coalition of the Responsibility to Protect) – is applied to derive at summative conclusions about the appropriateness of specific responses in each of the three RtoP sub-responsibilities. A salient finding is the extent to which politicization of RtoP undermines its operationalization. From lack of political will to implement decisions or to respond to early warning of looming catastrophe; to real or perceived agendas that mask the agendas of intervening entities, the RtoP debate is continuously subject to a political narrative. This is evidenced by the fact that neither ii Darfur nor Zimbabwe has seen timeous or effective responses to humanitarian crises that were induced by their own governments. As has become evident in the decade since the World Summit endorsed RtoP, there is no global consensus yet on the norm. This is glaringly evident in terms of its implementation (or lack thereof). However, based on analysis of the two cases studies the study highlights the extent to which the norm has guided responses by a wide spectrum of actors. RtoP principles have become an indelible part of the discourse on humanitarian intervention, both when the norm is invoked explicitly (the case of Darfur) and when major actors downplay its invocation (the case of Zimbabwe). The impact of the norm is thus diminished by the international community’s piecemeal, ad hoc, and uncoordinated application thereof. iii DEDICATION I dedicate this study to my wife Christina and kids. I also dedicate this work to all RtoP deserving victims of state-orchestrated violence in Zimbabwe and Darfur iv ACKNOWLEDGEMENTS I wish to acknowledge the invisible hand of the Almighty Creator for the divine guidance throughout this academic journey. I am greatly indebted to my Supervisor and Mentor, Dr Yolanda Spies for her meticulous supervision and mentorship. Without her invaluable guidance and advice, this study would have been a non-event. Once again, thank you Dr Spies for great care and being with me through thick and thin. I also want to express my deepest gratitude and appreciation to Professor Maxi Schoeman for helping me realise my academic dream through her unwavering support from enrolment to completion of my studies. My sincere gratitude also goes to my colleagues Frederick Mavhunduse, Gift Daflaya, Dr Tawanda Runhare and Dr Beverely Dube for their incisive contributions during several informal discussions on my studies. My appreciation as well goes to Gilbert Gobiya for technical assistance in formatting the document and tracking of sources. I also want to acknowledge professional editorial services from Prof Denis Venter. Thank you Prof for your commitment. I am equally grateful to the University of Venda for providing me financial support throughout my studies. My appreciation also goes to my Head of Department Prof Molapo and my Dean Prof Makgopa for granting me study leave when needed most. Lastly, I want to thank my wife Christina for her unending support. She has been an important pillar to lean. v ABBREVIATIONS ACHPR African Charter on Human and Peoples’ Rights ACIRC African Capacity for Immediate Response to Crisis ACSP Arab Collective Security Pact AIPPA Access to Information and the Protection of Privacy Act AMIS African Union Mission in Sudan ANC African National Congress APO African Press Organisation ART Antiretroviral Therapy ASFB African Stand-by Force Brigade AU African Union AUHIP African Union High-Level Implementation Panel AUPSC African Union Peace and Security Council BDP Botswana Democratic Party BMATT British Military Advisory Training Team BRICS Brazil Russia India China South Africa CAR Central African Republic CCJP Catholic Commission for Justice and Peace CHOGM Commonwealth Heads of Government Meeting CHRA Combined Harare Residence Association COSATU Congress of South African Trade Unions CPA Comprehensive Peace Agreement CSO Civil Society Organisation CSU Counselling Services Unit DDPD Doha Document for Peace in Darfur vi DDR Disarmament Demobilisation and Reintegration DLF Darfur Liberation Front DPA Darfur Peace Agreement DRC Democratic Republic of the Congo ECOWAS Economic Community of West African States EFA Education for All ESAP Economic Structural Adjustment Programme EU European Union EUFOR European Force FBO Faith -based Organisation FEWSN Famine Early Warning Systems Network FFAMC Fiscal and Financial Allocation Monitoring Commission FTLRP Fast Track Land Reform Programme GDP Gross Domestic Product GNU Government of National Unity GoS Government of Sudan GoZ Government of Zimbabwe GPA Global Political Agreement HI Humanitarian Intervention HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome HRW Human Rights Watch HS Human Security ICC International Criminal Court ICG International Crisis Group ICI International Commission of Inquiry vii ICISS International Commission on Intervention and State Sovereignty ICJ International Court of Justice ICRC International Committee of the Red Cross ICRtoP International Coalition on Responsibility to Protect IDP Internally Displaced People IGO Inter-Governmental Organisation IHL International Humanitarian Law IL International Law IMF International Monetary Fund INGO International Non-governmental Organisation IPS International Peace and Security IR International Relations ITU International Telecommunication Union JEM Justice and Equality Movement JOC Joint Operations Command JOMIC Joint Monitoring and Implementation Committee LOMA Law and Order Maintenance Act LRF Legal Resources Foundation MCPMR Mechanism for Conflict Prevention, Management and Resolution MDC Movement for Democratic Change MDC-T Movement for Democratic Change – Tsvangirai MDG Millennium Development Goals MIGS Montreal Institute for Genocide Studies NAM Non-aligned Movement NATO North Atlantic Treaty Organisation viii NCA National Constitutional Assembly NCI National Commission of Inquiry NCP National Congress Party NGO Non-governmental Organisation NWO New World Order NYS National Youth Service O’ Level Ordinary Level OAU Organisation of African Unity OHCHR Office of the High Commissioner for Human Rights ONHRI Organ on National Healing Reconciliation and Integration OPDS Organ on Politics Defence and Security PAP Pan-African Parliament PDF Popular Defence Force PHR Physicians for Human Rights POSA Public Order and Security Act PSC Peace and Security Council QD Quiet Diplomacy R2P/RtoP Responsibility to Protect RDP Reconstruction and Development Programme RWP Responsibility While Protecting SA South Africa SADC Southern African Development Community SAF Sudan Armed Forces SALC South African Litigation Centre SATAWU South African Trade and Allied Workers Union ix SEOM SADC Election Observer Mission SLA-AW Sudanese Liberation Army of Abdul Wahid SLA/M Sudan Liberation Army/Movement SLM Sudan Liberation Movement SPLM Sudan People’s Liberation Movement SRF Sudanese Revolutionary Front SSR Security Sector Reform SWAPO South West African People’s Organisation