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Unit 3 – Part 1

Unit 3 – Part 1. International Legal Standards and the Peacekeeping Role in Protecting Human Rights, Civilians, Women and Children. Why is this important for me?. Why is this important for me?. As peacekeeping personnel you are expected to… Promote and protect human rights

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Unit 3 – Part 1

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  1. Unit 3 – Part 1 International Legal Standards and the Peacekeeping Role in Protecting Human Rights, Civilians, Women and Children

  2. Why is this important for me?

  3. Why is this important for me? As peacekeeping personnel you are expected to… • Promote and protect human rights • Protect children from violence, including from illegal recruitment into armed forces as child soldiers • Promote gender equality, involve women in peace and security activities, and protect women and children from sexual violence in conflict

  4. You are a Role Model • You are an ambassador of the United Nations • Everything you do must stand up to the highest standards of behaviour and integrity • Peacekeeping personnel are not allowed to violate human rights or international humanitarian law in any way

  5. Part 1a: International Law Applicable to PKOs

  6. Learning Outcomes On completion of Unit 3 – Part 1a, participants will be able to: • List the essential rules of International Humanitarian Law • Define and give examples of human rights protected under international law • Identify who is protected by, and who is bound by international human rights law and international humanitarian law

  7. International Humanitarian Law (IHL)... • Is law that applies in times of armed conflict • Aims to limit the negative impact of armed conflict, especially on civilians • Protects persons who are not (or are no longer) participating in the hostilities • Also restricts the means and methods of warfare

  8. Essential Rules of IHL • Civilian targets cannot be attacked. Attacks only against military objectives. • Civilians and anyone no longer taking part in hostilities must be respected and treated humanely. • Anyone who surrenders or stops fighting (e.g., wounded) cannot be killed • Torture is prohibited at all times and in all circumstances

  9. Essential Rules of IHL • Captured combatants and civilians must be respected and protected. • It’s forbidden to use weapons or methods of warfare that are likely to cause excessive injury or unnecessary suffering. • Wounded and sick must be collected and cared for.

  10. Essential Rules of IHL • Medical personnel and medical establishments, transports and equipment must be respected and protected. • The Red Cross and Red Crescent emblems are signs of protection and must be respected.

  11. International Humanitarian Law... • Imposes obligations to ensure respect for the rules of IHL • Requires the prevention and prosecution of war crimes, such as attacking civilians, recruiting children as soldiers, torturing prisoners, and sexual violence

  12. Who is Bound by International Humanitarian Law? • States and organized groups are bound by international humanitarian law. • The rules and principles of international humanitarian law also apply to UN peacekeeping forces. • UN military personnel who violate international humanitarian law are subject to prosecution in their national courts.

  13. How Do We Define Human Rights? • Human rights apply in both war and peace to all human beings • Human rights are universal • No one can take away a person’s human rights • Human rights are interdependent and equally important • Human rights are legal and internationally guaranteed

  14. Application of International Human Rights Law • Certain principles and rules (e.g. prohibition of torture or right to a fair trial) apply to all persons in all situations • Others human rights apply to those States which have ratified treaties • All UN entities must promote and protect human rights • UN peacekeeping should be conducted in full respect of international human rights law

  15. Refugee Law & Guiding Principles on IDPs • International refugee law guarantees human rights of refugees and spells out obligations of States to protect refugees living in their territory.

  16. Part 1b: Human Rights Protection in UN PKOs

  17. Learning Outcomes On completion of Unit 3 – Part 1b, participants will be able to: • Recognize and identify human rights violations or abuses that occur in the conflict or post-conflict mission environment • Discuss UN policies on human rights that are relevant to peacekeeping settings • Describe the practical relevance of human rights to their work and ways to promote and protect human rights through their tasks

  18. Learning Outcomes continued... • Explain the importance of coordinating human rights-related actions with the mission’s human rights component

  19. Human Rights Protection in Peacekeeping Operations • Multidimensional peace operations include human rights as part of mandate and structure • Peacekeeping leadership need to be aware of UN policies on human rights in peacekeeping • Peacekeeping personnel & UN organizations must be able to recognize human rights violations and abuses and respond appropriately

  20. UN Position on Human Rights in Peaces Processes • Development, security and human rights are mutually dependent on each other • Human rights are a key element of all peace and security activities • UN will not endorse, support or recognize amnesties for war crimes or grave violations of human rights or international humanitarian law

  21. UN Policy on Human Rights in Integrated Missions • Human rights are a concern that cuts across all components of an integrated mission, and therefore must be fully integrated into such UN peacekeeping operations • SRSG shall have a human rights adviser who is also the head of the human rights component of the mission, is the rep of the OHCHR, and on the UNCT

  22. Applying Human Rights in Peacekeeping • Human rights as a common standard of conduct and achievement • Peacekeeping must be conducted in full respect for the principles, norms and spirit of the human rights conventions • Both UN personnel and host government must respect human rights principles and norms

  23. If Human Rights Violations Are Identified... What Peacekeepers Can Do • Note the facts • Immediately report the violations • Take action, in keeping with the mandate, your functions and based on the situation • Coordinate with human rights component • Follow the situation

  24. Core Functions of Human Rights Component • Monitoring & Investigation of HR violations & abuses • Producing Internal & Public Reports • Advocacy & Intervention • Strengthening capacity of local actors • Coordination and mainstreaming of HRs in PKO, UNCT and Humanitarian Country Team Protection GOAL Empowerment

  25. Other Mission ComponentsContributing to Human Rights • Rule of Law / Judicial • Corrections • Gender Advisor • Child Protection • Security Sector Reform • Civil Affairs • Electoral • Humanitarian Affairs • DDR • Political Affairs • SRSG’s Office

  26. UN Police and Human Rights • Mentoring and Advising • Vetting, Training & Advising • Investigating • Reporting Human Rights

  27. Military Peacekeepers and Human Rights • Protection • Contributing to Human Rights monitoring and reporting • Supporting partners Human Rights

  28. Part 1c: Women, Peace and Security: The Role of UN PKOs

  29. Learning Outcomes On completion of Unit 3 – Part 1c, participants will be able to: • Explain the different impacts of conflict on women/girls and men/boys • Explain how women are both victims of conflict and key partners for peacekeeping and peace-building activities of UN peacekeeping operations • Provide examples of how peacekeeping personnel can help protect women and support gender equality in their daily work

  30. Societies create certain expectations and stereotypes. As UN personnel, you promote the UN standard of equality between men and women.

  31. As UN peacekeeping personnel, you have an obligation to protect human rights, including the rights of women affected by conflict.

  32. As a peacekeeper, you are a role model for others. You are an ambassador of the UN and your country.

  33. Changed ResponsibilitiesWhat Peacekeeping Personnel Can Do • Consult with both women and men • Talk to women and men separately • Perhaps use a female peacekeeper for interviewing women to encourage participation • Include women’s info in reports To HQ

  34. Reintegration of CombatantsWhat Peacekeeping Personnel Can Do • Successful DDR should meet the needs of all • Consider needs of female ex-combatants • Include wives and dependants of combatants • Refer for access to psycho-social counselling

  35. DisplacementWhat Peacekeeping Personnel Can Do • Be aware of different numbers of women, men, boys and girls in refugee or IDP population • Assess and report on numbers and particular needs and threats • Ensure programmes and activities for men and women ensure equal safety

  36. Long Term Impacts of Violence & Sexual Violence • Psychological and physical damage • Sexually transmitted diseases • HIV/AIDS • Unwanted pregnancy • Community rejection

  37. Sexual ViolenceWhat Peacekeeping Personnel Can Do • Provide information to mission leadership about occurrences - where, when and the perpetrators • Interview men and women separately, using female peacekeeper for women’s interviews • Find out about local organizations you can refer victims to for medical and psychological help

  38. Collapse of Law and OrderWhat Peacekeeping Personnel Can Do • Know the numbers of women & men in communities • Talk to women and women’s groups about threats to their safety • Ensure law and order restoration programs address women and men’s concerns equally • Encourage equal representation • in local security forces & community • organizations involved in safety

  39. Collapse of Public Services & InfrastructureWhat Peacekeeping Personnel Can Do • Investigate challenges in accessing social services • Support equal access to jobs, contracts, land ownership and other economic opportunities and investigate barriers • Work with mission partners to find • creative long and short term • solutions • Work with companies with fair and • equal employment practices

  40. Part 1d: Protection of Children: The Role of UN PKOs

  41. Learning Outcomes On completion of Unit 3 – Part 1d, participants will be able to: • Provide the definition of a “child” in international law • Explain how international law protects children affected by armed conflict • Describe the impact of violent conflict on children • Explain what peacekeepers can do to promote child protection and children’s rights in armed conflict

  42. All Children Have Human Rights • These include the right to special protection from violence, abuse, • exploitation, neglect • and cruelty • For all UN peacekeeping • personnel a child is any • person under the age of • 18 years

  43. International Humanitarian Law (IHL) also requires that: • Children are entitled to special protection, care and assistance in IHL • As civilians, children should not be the object of attack • Child recruitment and participation in hostilities is prohibited

  44. War violates every right of a child - the right to life, the right to be with family and community, the right to health, the right to the development of the personality and the right to be nurtured and protected. Quote: Ms. Graca Machel

  45. Basic needs are denied • Exposure to landmines, violence • Displacement, separation from parents • Sexual abuse

  46. The Security Council has instructed peacekeeping operations to do a better job of protecting children affected by armed conflict.

  47. What Peacekeeping Personnel Can Do Collect and Report information on: • Recruitment or use of child soldiers • Incidents of killing or maiming of children • Rape or sexual abuse against children • Abduction or kidnapping of children • Attacks against schools or hospitals • Denial to humanitarian access for children

  48. Remember you are a role model • Sexual activity with children is strictly forbidden • Do not exploit children for labour • Remember you are an ambassador for the UN

  49. SummaryWhat Peacekeeping Personnel Can Do • Be observant • Consider best interests of children in planning activities • Stay in contact and share information with Child Protection Advisors in your zone • ALWAYS behave appropriately

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