About this publication Since 1999, an increasing number of United Nations peacekeeping missions have been expressly mandated to protect civilians. However, they continue to struggle to turn that ambition into reality on the ground. This independent study examines the drafting, interpretation, and implementation of such mandates over the last 10 years and takes stock of the successes and setbacks faced in this endeavor. It contains insights and recommendations for the entire range of United Nations protection actors, including the Security Council, troop and police contributing countries, the Secretariat, and the peacekeeping operations implementing protection of civilians mandates. Protecting Civilians in the Context Protecting Civilians in the Context the Context in Civilians Protecting This independent study was jointly commissioned by the Department of Peace keeping Opera- Operations Peacekeeping UN of tions and the Office for the Coordination of Humanitarian Affairs of the United Nations. of UN Peacekeeping Operations Front cover images (left to right): Spine images (top to bottom): The UN Security Council considers the issue of the pro­ A member of the Indian battalion of MONUC on patrol, 2008. Successes, Setbacks and Remaining Challenges tection of civilians in armed conflict, 2009. © UN Photo/Marie Frechon. © UN Photo/Devra Berkowitz). Members of the Argentine battalion of the United Nations Two Indonesian members of the African Union–United Stabilization Mission in Haiti (MINUSTAH) assist an elderly Nations Hybrid operation in Darfur (UNAMID) patrol as woman, 2008. © UN Photo/Logan Abassi. women queue to receive medical treatment, 2009. © UN Photo/Olivier Chassot. Back cover images (left to right): Language: ENGLISH A woman and a child in Haiti receive emergency rations Sales #: E.10.III.M.1 from the UN World Food Programme, 2008. ISBN: 978­92­1­132029­9 © UN Photo/Logan Abassi. A South African member of the United Nations Organiza­ tion Mission in the Democratic Republic of the Congo (MONUC) patrols village neighbourhoods, 2008. © UN Photo/Marie Frechon. Printed at the United Nations, New York 09 58916—November 2009—1,000 About this publication Since 1999, an increasing number of United Nations peacekeeping missions have been expressly mandated to protect civilians. However, they continue to struggle to turn that ambition into reality on the ground. This independent study examines the drafting, interpretation, and implementation of such mandates over the last 10 years and takes stock of the successes and setbacks faced in this endeavor. It contains insights and recommendations for the entire range of United Nations protection actors, including the Security Council, troop and police contributing countries, the Secretariat, and the peacekeeping operations implementing protection of civilians mandates. Protecting Civilians in the Context Protecting Civilians in the Context the Context in Civilians Protecting This independent study was jointly commissioned by the Department of Peace keeping Opera- Operations Peacekeeping UN of tions and the Office for the Coordination of Humanitarian Affairs of the United Nations. of UN Peacekeeping Operations Front cover images (left to right): Spine images (top to bottom): The UN Security Council considers the issue of the pro­ A member of the Indian battalion of MONUC on patrol, 2008. Successes, Setbacks and Remaining Challenges tection of civilians in armed conflict, 2009. © UN Photo/Marie Frechon. © UN Photo/Devra Berkowitz). Members of the Argentine battalion of the United Nations Two Indonesian members of the African Union–United Stabilization Mission in Haiti (MINUSTAH) assist an elderly Nations Hybrid operation in Darfur (UNAMID) patrol as woman, 2008. © UN Photo/Logan Abassi. women queue to receive medical treatment, 2009. © UN Photo/Olivier Chassot. Back cover images (left to right): Language: ENGLISH A woman and a child in Haiti receive emergency rations Sales #: E.10.III.M.1 from the UN World Food Programme, 2008. ISBN: 978­92­1­132029­9 © UN Photo/Logan Abassi. A South African member of the United Nations Organiza­ tion Mission in the Democratic Republic of the Congo (MONUC) patrols village neighbourhoods, 2008. © UN Photo/Marie Frechon. Printed at the United Nations, New York 09 58916—November 2009—1,000 Protecting Civilians in the Context of UN Peacekeeping Operations Successes, Setbacks and Remaining Challenges Victoria Holt and Glyn Taylor with Max Kelly Independent study jointly commissioned by the Department of Peacekeeping Operations and the Office for the Coordination of Humanitarian Affairs Protecting Civilians in the Context of UN Peacekeeping Operations This study was made possible through funding provided by Austria, Canada, France, Germany, Switzerland and the United Kingdom. © United Nations 2009. This publication enjoys copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, governmental author- ities or Member States may freely photocopy any part of this publication for exclusive use within their training institutes. However, no portion of this publication may be reproduced for sale or mass publication without the express consent, in writing, from both the United Nations Department of Peacekeeping Operations/Peacekeeping Best Practices Section and the Office for the Coordination of Humanitarian Affairs/ Policy and Develop- ment Studies Branch. Contact: DPKO/DPET/PBPS and OCHA/PDSB United Nations, New York , NY 10017, USA Tel: +1 212 963 1234 The report is also available at: Peacekeeping Resource Hub (http://www.unprh.unlb.org) and Reliefweb (http://www.reliefweb.int) Editor: Tania Inowlocki ([email protected]) Design and layout: Rick Jones ([email protected]) ii Foreword Foreword As we mark the tenth anniversary of the Security Council’s engagement on protection of civilians in armed conflict, we have reasons for both hope and concern. Considerable progress has been achieved since the first landmark reso- lutions 1265 (1999) and 1296 (2000), and not least through the increasing number of peacekeeping missions expressly mandated to protect civilians, beginning with UNAMSIL. Over the past ten years, the Secretary-General has put forward over 100 recommendations in successive reports on the protection of civilians to the Security Council. The Council has taken many steps both in country-specific decisions and in thematic resolutions to improve the protection of civilians on the ground. Troop and police contributing countries have provided personnel in difficult and dangerous environments to fulfill protection of civilians requirements in peacekeep- ing mandates. However, these positive developments have not translated into system- atic and consistent protection of civilians on the ground. Peacekeepers and other key actors often still struggle to deliver on the promise of protection of civilians, embodied though it is in the very heart of the UN Charter. Ten years on, this independent study—jointly commissioned by DPKO and OCHA—examines the United Nations’ efforts to implement protec- tion of civilians mandates in UN peacekeeping operations. The study traces protection of civilians mandates from their elaboration in Security Council resolutions to their implementation in the field. It follows closely the realities on the ground and the complexities of the issues, bringing out in the process a number of shortcomings. The report not only provides clear findings but also makes specific recommendations for improvement to key actors involved in protecting civilians in peacekeeping contexts. We believe that the recommendations contained in this report will contrib- ute significantly to efforts to enhance the protection of civilians affected by armed conflict. We are therefore committed to taking forward key recommendations in the report that fall directly under the purview of the Secretariat, includ- ing better planning for missions mandated to protect civilians, a more coherent approach to protecting civilians, and improvement of the guid- ance available to missions mandated with this task. The whole United Nations system will also need to examine the various findings and recommenda- iii Protecting Civilians in the Context of UN Peacekeeping Operations tions in order to undertake the systemic improvements required to pro- vide more effective protection to civilians, by filling the gaps in policy and preparedness described in the report. Protecting civilians must be a central priority for missions mandated to do so and must be the subject of coordinated attention in strategy setting, review mechanisms, and lead- ership at all levels. Coordinated action from the Security Council, Troop and Police Contributing Countries, the Secretariat, as well as UN Country Teams will be essential. To that end, we will ensure that this report is dis- seminated and discussed widely. We would like to express our gratitude to all who have contributed to this important study. Our particular thanks go to the research team under the stewardship of Ambassador Mahiga of Tanzania, the Stimson Center for its invaluable support, and the Advisory Group members for their able counsel and expertise. It could not have been realized without their com- mitment and interest in advancing our efforts to protect civilians. Alain Le Roy John Holmes Under-Secretary-General for Under-Secretary-General for Peacekeeping Operations Humanitarian Affairs November 2009 iv Table of Contents Table of Contents Foreword .............................................................................................................................................................................