International Alert

Based on consultations in the UK and South Asia, International Alert has distilled the following issues of concern and response recommendations.

1. Issue of Concern: Supply of weapons to countries using these weapons to commit human rights violations against their own civilians (e.g. Nepal, Colombia, Iraq, Indonesia)

Note: Weapon suppliers, in particular suppliers of small arms and light weapons, are creating and perpetuating conditions for human rights violations.


Response Recommendation:

1.1 Greater consideration of human rights monitoring & accountability in potential weapon consumer countries by weapon producing countries with the aim of avoiding the perpetuation of abuse of civilians.

1.2 Independent monitoring of adherence to codes of conduct and existing protocols, e.g. The EU Joint Action on Small Arms and Light Weapons.

1.3 Development of further international and legally binding protocols.

2. Issue of Concern: Impunity of peacekeepers for gender-based violence against women & girls (e.g. Trafficking in Kosovo, sexual abuse of refugee women in Sierra Leone)

Note: Currently, countries, which contribute peacekeeping personnel, have the exclusive right to try their personnel for violations committed during peace support operations. In practice it is impossible to determine how many prosecutions take place since no reporting is required. This simultaneously raises issues regarding privatisation of military & security firms and the level to which their personnel are legally accountable for violations; currently it appears most violators are simply fired.

Response Recommendations:

2.1 Ensuring no immunity from the International Criminal Court for UN/EU/Regional military, police and civilian peacekeepers.

2.2 Establish and make public effective accountability mechanisms and disciplinary actions for peacekeepers, who commit violations against & exploit local populations.

2.3 The development of mechanisms to make it possible for senior UN/EU/NATO/OSCE staff to consult with the recipient/beneficiaries of the peace support operations on a regular basis in order to address potential issues of misconduct or ineffective procedures.

2.4 Each peace support mission includes an independent ombudsperson to monitor the protection of the rights of civilians and address issues of misconduct, as recommended in the Report of the Panel on UN Peace Operations (The Brahimi Report, 2000, A/55/305 – S/2000/809)

2.5 Greater protection for ‘whistle blowers’, defenders and victims. E.g. providing resources and funding for witnesses (advice, protection, HIV treatment, travel costs, proper legal representation).

2.6 Mandatory training for peacekeepers on human rights and the protection of civilians in particular the specific needs of the protection of women from gender-based violence.

2.7 Member states should ensure that all peacekeepers receive human rights and gender-awareness training pre- and during deployment.

2.8 The UN should establish an independent monitoring and review mechanism to ensure the application of human rights and gender-awareness training, i.e. through report content, further capacity building for local NGOs and national human rights commissions (where they exist).

2.9 The UN body engaged in a peace support operation should remind government ministers of their responsibility to address and prevent the abuse of human rights (including violent sexual crimes) committed by the military personnel of that government.

3. Issue of Concern: Consideration of the role of mercenaries as peacekeepers and private security companies in international missions.

Response Recommendations:

3.1 The development of clear accountability mechanisms to ensure non-impunity from the procedures or legislation of the International Criminal Law.

3.2 Mercenaries who commit crimes for which international law imposes individual criminal liability should be prosecuted by member states or the ICC as appropriate, taking account into account mercenaries’:

- impact on arms proliferation
- participation in violations against civilians
-training to national military forces

3.3 Member States should ensure that private mercenaries are subject to public regulatory procedures.

3.4 The UN/the UN Security Council should request the Office of the High Commissioner for Human Rights to undertake a comprehensive review of the human rights consequences of the use of mercenaries in peace support operations.

3.5 Ensure private firms used in peacekeeping missions are accountable for criminal and human rights violations

4. Issue of Concern: The legal responsibility for and humanitarian role of peacekeepers to prevent gender-based violence

Response Recommendations:

4.1 Peace Support Operation mandates should be explicit about the role of peacekeepers to uphold and enforce justice and equity for all (women, men, boys, girls) and their obligations to prevent human rights violations, including gender-based violence against civilians.

4.2 Local communities should be provided with accessible information about standards, laws and appropriate responses of mission personnel, including information on accountability procedures.

4.3 The UN and member states should standardise the conduct of appropriate training and sensitising workshops for peacekeepers regarding women’s human rights, with emphasis on trafficking and sexual exploitation.

4.4 The ICRC should revise the commentaries to the Geneva Conventions and Additional Protocols I & II, in order to reflect the development of humanitarian law through the case-law of the ICTY the ICTR and the codification of offences in the Statute of the ICC, in order to promote understanding of, and familiarity with, international law related to gender-based violations. The ICRC should ensure that these developments are fully reflected in its training programmes at the national level.

4.5. The UN Commission for Human Rights should facilitate the establishment of a report back mechanism for violations of human rights within member states through:
(a) The strengthening the CEDAW reporting mechanism and follow-up
(b) The establishment of a systematic reporting mechanism to the UN Human Rights commission in order that civil society can report violations committed by their national security forces.
(c) Urging states to ratify the Optional Protocol to CEDAW, thereby strengthening the individual complaint mechanism built into this.

5. Issue of Concern: The awareness and responsibility of Peacekeepers to address gender equity issues relating to social and economic justice.

Response Recommendations:

5.1 Humanitarian and development bilateral and multilateral donor agencies should ensure gender inequalities are not reinforced in post-conflict reconstruction through gender-awareness training of staff and monitoring equal access to resources, including the formal judicial system.

5.2 The UN Departments for Peacekeeping & Political Affairs should collaboratively develop guidelines for participatory techniques to improve interface between the formal and informal constituencies of the local populations in peace support operations.

5.3 The UN and other international peacekeeping bodies should establish recruitment standards that ensure gender-aware leadership and practice in peace support operations.

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