Integrating Human Rights Into the Operational Readiness of UN Peacekeepers
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APRIL 2020 Integrating Human Rights into the Operational Readiness of UN Peacekeepers NAMIE DI RAZZA AND JAKE SHERMAN Cover Photo: UN peacekeepers ABOUT THE AUTHORS accompany the director of the human rights division of the UN Mission in South NAMIE DI RAZZA is a Senior Fellow at the International Sudan on a human rights assessment in Peace Institute. Wau, April 19, 2017. Nektarios Markogiannis/UNMISS. Email: [email protected] Disclaimer: The views expressed in this JAKE SHERMAN is the Director of the International Peace paper represent those of the authors Institute’s Brian Urquhart Center for Peace Operations. and not necessarily those of the International Peace Institute. IPI Email: [email protected] welcomes consideration of a wide range of perspectives in the pursuit of a well-informed debate on critical ACKNOWLEDGEMENTS policies and issues in international affairs. IPI owes a debt of gratitude to its many generous donors, whose support makes publications like this one possible. IPI Publications Adam Lupel, Vice President This project was funded by the Government of Finland. Albert Trithart, Editor Meredith Harris, Editorial Intern Suggested Citation: Namie Di Razza and Jake Sherman, “Integrating Human Rights into the Operational Readiness of UN Peacekeepers,” International Peace Institute, April 2020. © by International Peace Institute, 2020 All Rights Reserved www.ipinst.org CONTENTS Abbreviations . iii Executive Summary . v Introduction. 1 Human Rights in UN Peacekeeping. 2 Factoring Human Rights Readiness into Force Generation . 4 The Limitations of Self-Certification. 4 Screening Plus: Beyond Self-Certification. 5 Pre-deployment Visits and Mitigation Measures . 8 Shaping the Human Rights Readiness of Peacekeepers: Training Requirements . 10 Human Rights in Pre-deployment Training: A National Responsibility. 10 Human Rights in In-Mission Training . 12 Gaps in the Delivery of Pre-deployment and In-Mission Training . 12 Conclusion. 13 Prioritizing Human Rights in the Force Generation Process . 14 Strengthening Human Rights Training for Uniformed Peacekeepers . 15 ABBREVIATIONS AAV Assessment and advisory visit AU African Union DPO UN Department of Peace Operations DPPA UN Department of Political and Peacebuilding Affairs ICRC International Committee of the Red Cross IHL International humanitarian law IHRL International human rights law ITS UN Integrated Training Service OHCHR Office of the UN High Commissioner for Human Rights OMA UN Office of Military Affairs PDV Pre-deployment visit POC Protection of civilians T/PCCs Troop- and police-contributing countries Executive Summary The effectiveness of UN peace operations depends training for UN personnel, whether before deploy- on the “operational readiness” of their personnel, ment, during the in-mission induction, or on an which refers to the knowledge, expertise, training, ongoing basis during deployment. However, the equipment, and mindset needed to carry out quality of pre-deployment trainings varies widely mandated tasks. While the need to improve the among T/PCCs, and in-mission induction operational readiness of peacekeepers has been trainings are usually not well-tailored to specific increasingly recognized over the past few years, the missions. There is a widespread perception that concept of “human rights readiness” has received existing training practices and methodologies are less attention. This refers to the extent to which insufficient and fail to integrate the practical consideration of human rights is integrated into training needs identified on the ground. Moreover, the generation, operational configuration, and pre-deployment training—let alone in-mission evaluation of uniformed personnel. training—is often too late to introduce human rights principles. Many missions have an express mandate to promote and protect human rights, sometimes Both T/PCCs and the UN could take tangible alongside a mandate to protect civilians. Beyond actions in the generation and training of these mandates, all peace operations and all UN peacekeepers to strengthen their human rights personnel are legally obligated to comply with readiness: human rights standards and international humani- tarian and refugee law and to uphold UN human • Force generation: The UN should make human rights principles. While numerous policies and rights performance an integral part of the guidance documents reinforce the centrality of operational readiness of T/PCCs. It should human rights to peacekeeping, the UN has tended better assess human rights concerns and to focus on the compliance of its partners rather human rights readiness as criteria in the than on the preparedness of its own personnel. selection of T/PCCs and request that they align their human rights screening processes with There are two areas where the UN could strengthen UN standards. The UN could also integrate existing processes to ensure the human rights human rights readiness into requirements for readiness of uniformed personnel. The first is in contingent-owned equipment and require the force generation process. Troop- and police- T/PCCs to deploy experts in human rights, the contributing countries (T/PCCs) are requested to protection of civilians, or international law to certify that the personnel they provide have not accompany uniformed personnel. Finally, the committed, or been alleged to have committed, secretary-general should propose the establish- criminal offenses or violations of international ment of a UN human rights–screening entity human rights or humanitarian law. However, this with appropriate resources and capacities. reliance on “self-certification” inherently limits accountability. To overcome this limitation, the • Training: The UN should develop a human UN has used an ad hoc process called “screening rights–specific course for military trainers, as it plus” to address human rights concerns in Sri has for police trainers, and ensure that the new Lanka and Burundi. Although this process is not generic training-of-trainers course adequately used systematically, it has led the UN to take steps addresses human rights and protection issues. to bolster screening across T/PCCs. Nonetheless, The Office of the UN High Commissioner for robust screening remains constrained by limited Human Rights should also expand its capacity capacity and resources, as well as political sensiti - to train peacekeepers, and peacekeeping vities. training centers should make greater use of external human rights experts. Member states The second main area where the UN seeks to should provide additional funding and improve human rights readiness is training. capacity to allow for additional training, and Awareness of international human rights and T/PCCs should ensure that outgoing battalion humanitarian law is a foundational element of leaders share lessons with incoming leaders. Integrating Human Rights into the Operational Readiness of UN Peacekeepers 1 Introduction This paper seeks to define the concept of “human rights readiness” for peacekeepers, which is Following recent reforms aimed at improving the intended to complement “operational readiness” to performance and accountability of UN peace make peace operations more effective and fit-for- operations, both the UN Secretariat and troop- and purpose. In the context of UN peace operations, police-contributing countries (T/PCCs) are “human rights readiness” is the extent to which expected to strengthen the “operational readiness” personnel provided by T/PCCs are prepared and of personnel deployed to the field.1 This requires willing to cooperate with missions’ human rights ensuring that peacekeepers have the requisite components and proactively integrate human knowledge, expertise, training, equipment, and rights into planning and operations, including for mindset to implement their mandate in accordance the implementation of protection of civilians with UN principles, values, standards, and policies. mandates.5 Building on existing UN policy frame - works, standards, and initiatives, it encompasses The operational readiness of uniformed personnel the obligations of these personnel to respect is critical to the effective delivery of mandated tasks international humanitarian and human rights law authorized by Security Council resolutions.2 The when serving in a peace operation. It also includes UN Department of Peacekeeping Operations and their obligation under the UN Charter and UN Department of Field Support therefore developed policies to promote and advance human rights in an Operational Readiness Assurance and their work and the support the UN provides to help Performance Improvement Policy, as well as them meet this obligation. related guidelines, in 2015.3 Since that policy, there has been a gradual recognition of the important The human rights readiness of peacekeepers is role of human rights as part of overall performance. ensured by both T/PCCs and the UN, which should For example, as part of the Action for Peacekeeping support and assess that readiness by integrating Initiative’s “Declaration of Shared Commitments,” human rights and humanitarian law into the member states and the UN Secretariat reaffirmed generation, operational configuration, and evalua- that peacekeeping operations make an important tion of uniformed personnel. This includes contribution to protecting civilians and human incorporating this law into policies, standard rights. They also acknowledged the need to operating procedures, and mechanisms that guide “support pre-deployment preparations