Human Rights and Peacekeeping

Human Rights and Peacekeeping
Course Author
Patrick Marega Castellan
UPEACE Course Coordinator

Dina Rodríguez, MEd.
Series Editor
Harvey J. Langholtz, Ph.D.
Peace Operations Training Institute

®
Study peace and humanitarian relief any place, any time

Cover photo: UN Photo #203200 by Marco

Dormino. A member of the Filipino contingent of
the United Nations Stabilization Mission in Haiti
(MINUSTAH) helps a young student of the Baptist
Theological and Orphanage School drink water,
as part of the sixty-third United Nations Day,
to help the Haitian population, mostly children
with medical care, food and school supplies. 24
October 2008.
Course Author
Patrick Marega Castellan
UPEACE Course Coordinator

Dina Rodríguez, MEd.
Series Editor
Harvey J. Langholtz, Ph.D.

®
Study peace and humanitarian relief any place, any time

© 2012 Peace Operations Training Institute. All rights reserved.

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First edition: 2012 by Patrick Marega Castellan
The material contained herein does not necessarily reflect the views of the Peace Operations Training Institute (POTI),
the Course Author(s), or any United Nations organs or affiliated organizations. The Peace Operations Training Institute
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Author(s) disclaim any and all responsibility for facts and opinions contained in the text, which have been assimilated
largely from open media and other independent sources. This course was written to be a pedagogical and teaching
document, consistent with existing UN policy and doctrine, but this course does not establish or promulgate doctrine.
Only officially vetted and approved UN documents may establish or promulgate UN policy or doctrine. Information with
diametrically opposing views is sometimes provided on given topics, in order to stimulate scholarly interest, and is in
keeping with the norms of pure and free academic pursuit.
Versions of this course offered in other languages may differ slightly from the primary English master copy. Translators
make every effort to retain the integrity of the material.
Table of Contents
Foreword x
Method of Study xi
Lesson 1 Human Rights and Armed Conflicts 12
Section 1.1 The United Nations, Armed Conflicts, and their Impact on
Human Rights 13
Section 1.2 Some Characteristics of Modern Armed Conflicts and their

Implications for Human Rights 15
Section 1.3 The Struggle of Civilian Populations 18
Section 1.4 Human Rights as Causes and Solutions of Conflicts 23
Section 1.5 Activities for Peace and Security Invoking Human Rights 26
Section 1.6 Other Threats to Human Rights and Peace and Security 31
Lesson Summary 34
Lesson 2 United Nations Human Rights Commitments and

Implementation Machinery 38
Section 2.1 UN Reform and Human Rights 39
Section 2.2 The UN Human Rights Machinery: How Does It Work? 46
Lesson Summary 56
PEACE OPERATIONS TRAINING INSTITUTE
v
Lesson 3 International Human Rights Law and Peace

Operations 60
Section 3.1 Defining Human Rights 61
Section 3.2 Legal Framework Applicable to Peace Operations 66
Lesson Summary 84
Lesson 4 Measuring the Human Rights Implementation of

Host States 88
Section 4.1 State Obligations 89
Section 4.2 The Progressive and Immediate Application of Human

Rights 94
Section 4.3 The Responsibility to Measure 100
Section 4.4 Peace Operations and Illegal Exploitation of Natural

Resources 105
Lesson Summary 107
Lesson 5 Human Rights Problems and Groups at Risk in

Conflict and Post-Conflict Situations 112
Section 5.1 How Violations of Human Rights Occur 113
Section 5.2 Human Rights Problems Common in Peace Operations 116
Section 5.3 Groups Especially At Risk 124
Lesson 6 Actions of Protection 134
Section 6.1 Protection: Definitional and Operational Framework 135
Section 6.2 Protection of Civilians 140
Section 6.3 Protection of the Human Rights of Civilians in Armed

Conflict 152
vi
Section 6.4 Protection through Presence and Access 153
Section 6.5 Building Protection Strategies 159
Section 6.6 Human Rights-based Approach to Humanitarian

Responses 162
Lesson 7 Human Rights in Integrated Missions: Planning

and Implementation 170
Section 7.1 Planning UN Peace Operations 171
Section 7.2 Integrated Planning and Human Rights 174
Section 7.3 Integration of Human Rights and Key Planning Factors for
Peace Operations 181
Section 7.4 Other Planning Processes 195
Lesson 8 Human Rights and Functions of Peace

Operations 198
Section 8.1 Applying Human Rights in Peace Operations 199
Section 8.2 The Work of Human Rights Components in Peace

Operations 201
Lesson Summary 223
Lesson 9 Human Rights Partners 226
Section 9.1 Coordination and Support between the Human Rights

and Other Civilian Components 227
Section 9.2 The Military Component and Human Rights 237
Section 9.3 UNPOL and Human Rights 244
Section 9.4 External Human Rights Partners 250
Lesson Summary 256
vii
Lesson 10 Peace Operations and Accountability 260
Section 10.1 Human Rights and Accountability through Peace

Processes 261
Section 10.2 Human Rights Challenges: The Need for a Coherent

Approach 270
Section 10.3 Human Rights Obligations of UN Peace Operations and

Peacekeeping Personnel 279
Section 10.4 Some Key Principles of Conduct for Human Rights Work
in Peace Operations 290
Lesson Summary 291
viii
Appendices
Appendix A: List of Acronyms 296
Appendix B: Current Peacekeeping Missions 303
About the Author: Patrick Marega Castellan 304
Instructions for the End-of-Course Examination 305
ix
Foreword
When egregious violations of human rights take place, conflict becomes inevitable. Any effort to
build a lasting peace must incorporate actions to repair the effects of violations, protect from new
abuses, and enable the population to exercise their rights and freedoms.
Today’s multidimensional peace operations are complex tools designed to preserve peace and
restore just and equal living conditions. They do that through a phased implementation responding
to the realities on the ground, different functions and tasks, and different actors working together to
pursue the same goals.
The protection and promotion of human rights are key aspects of peace operations. Human rights
cut across the security, the humanitarian, and the development dimensions. Consequently, all UN
entities — the military, police, and civilian components of peace operations, along with the UN agencies
working with the United Nations country team in the host country — are expected to integrate human
rights approaches in their strategies and activities. The human rights component of the peace operation
is the office that coordinates all UN human rights activities in the host country.
Coherence and integration shape UN peacekeeping. From a human rights perspective, successful
coherence and integration translate into attentive assessments aimed to gather information on the
root causes of human rights violations and to find appropriate solutions for those gaps; rigorous joint
planning to identify achievable human rights benchmarks; and operational implementation based on
respect for international human rights standards.
Human rights represent both a responsibility and an opportunity of today’s peace operations. Peace
operation’s personnel must avoid committing violations or harming the population by abusing their
power or simply by not observing peace operations’ guidance. By applying human rights in their work,
they can protect the conflict-affected population, particularly individuals and groups most at risk; build
the capacity of national actors; and empower civil societies and marginalized groups.
–Patrick Marega Castellan

June 2010
View a video introduction of this lesson

at <https://www.peaceopstraining.
org/videos/35/human-rights-and-
peacekeeping-introduction/>.
x
Method of Study
This self-paced course aims to give students flexibility in their approach to learning. The
following steps are meant to provide motivation and guidance about some possible strategies
and minimum expectations for completing this course successfully:
• Before you begin studying, first browse through the entire course. Notice the lesson and
section titles to get an overall idea of what will be involved as you proceed.
• The material is meant to be relevant and practical. Instead of memorizing individual details,
strive to understand concepts and overall perspectives in regard to the United Nations system.
• Set personal guidelines and benchmarks regarding how you want to schedule your time.
• Study the lesson content and the learning objectives. At the beginning of each lesson,
orient yourself to the main points. If possible, read the material twice to ensure maximum
understanding and retention, and let time elapse between readings.
• At the end of each lesson, take the End-of-Lesson Quiz. Clarify any missed questions by
rereading the appropriate sections, and focus on retaining the correct information.
• After you complete all of the lessons, prepare for the End-of-Course Examination by taking
time to review the main points of each lesson. Then, when ready, log into your online student
classroom and take the End-of-Course Examination in one sitting.
»» Access your online classroom at

<www.peaceopstraining.org/users/user_login>
from virtually anywhere in the world.
• Your exam will be scored electronically. If you achieve a passing grade of 75 per cent or higher
on the exam, you will be awarded a Certificate of Completion. If you score below 75 per cent,
you will be given one opportunity to take a second version of the End-of-Course Examination.
• A note about language: This course uses English spelling according to the standards of the
Oxford English Dictionary (United Kingdom) and the United Nations Editorial Manual.
Key Features of Your Online Classroom »

• Access to all of your courses;
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supplements;
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course; and
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xi
HUMAN RIGHTS AND PEACEKEEPING
LESSON
Human Rights and Armed
1 Conflicts
The United Nations (UN)

was founded in 1945,
immediately following the
Second World War.
UN Photo #428409 by Pasqual Gorriz.
In this lesson » Lesson Objectives »
Section 1.1 The United Nations, Armed • Understand the evolution of armed conflicts during
Conflicts, and their Impact on the UN era and their implications for the protection of
Human Rights
human rights.
Section 1.2 Some Characteristics of Modern

• Understand why human rights are important for
Armed Conflicts and their
identifying the causes and finding solutions to armed
Implications for Human Rights
conflicts.
Section 1.3 The Struggle of Civilian
Populations • Be aware of the spectrum of UN activities with the
objective of preventing and resolving conflicts, and the

Section 1.4 Human Rights as Causes and
role of human rights.
Solutions of Conflicts
Section 1.5 Activities for Peace and Security

Invoking Human Rights
Section 1.6 Other Threats to Human Rights

and Peace and Security
12
LESSON 1 | Human Rights and Armed Conflicts
The first session of the United Nations General Assembly opened on 10 January 1946 at Central Hall in London, United Kingdom. It was
during this session that the Security Council met for the first time. January 1946. UN Photo #1304 by Marcel Bolomey.
Section 1.1 The United Nations,

Armed Conflicts, and
their Impact on Human
Rights
The United Nations (UN) was founded in 1945,
immediately following the Second World War. The devastating
effects of the Second World War in terms of casualties, View a video introduction of this lesson
atrocities, and destruction had exposed the unacceptable and at <https://www.peaceopstraining.org/
videos/115/lesson-1-human-rights-and-
inhuman nature of large-scale armed conflict.
armed-conflicts/>.
13
After the partially successful experience of the League of Nations1 — an organization that ultimately failed in
its goal to maintain world peace — the international community attempted to establish another organization for
collective security, this time with stronger political and legal commitments.
The preamble of the UN Charter calls upon all Member States to “save succeeding generations from the scourge
of war”, “to reaffirm faith in fundamental human rights”, “to establish conditions under which justice and respect
for the obligations arising from treaties and other sources of international law can be maintained”, and “to promote
social progress and better standards of life in larger freedom”.2 The UN Charter represents a “vehicle of radical
political-legal change”.3 Maintaining peace and security and respecting human rights are the two main purposes of
the United Nations.
To maintain peace and security, the UN agreed to take collective measures for the prevention and removal of
threats to the peace, suppression of acts of aggression, or other breaches of the peace, and to bring about required
adjustments by peaceful means and in conformity with the principles of justice and international law.
The UN Charter established the principal organs of the UN: the General Assembly, Security Council, Economic
and Social Council, Trusteeship Council, International Court of Justice, and Secretariat. It also provides an elaborate
scheme of functions and powers to ensure prompt and effective action by the UN. Its members confer upon the
Security Council the primary responsibility for the maintenance of international peace and security. The UN Charter
sets out the framework for the creation of conditions of stability and well-being necessary for the peaceful and
friendly relations among nations, including the promotion of universal respect for and observance of human rights
and fundamental freedoms without distinction between race, sex, language, or religion.
The formation of the United Nations followed remarkable developments in the area of international criminal
accountability, such as the International War Tribunal held in Nuremberg, Germany, which tried crimes against
peace. In the new, UN Charter-led world order, both the manner in which war is conducted as well as the rationale
behind declaring the war are scrutinized.4
While the UN has been successful in preventing another world war, it has not been successful in eradicating
armed conflicts altogether. Wars of different intensities have continued to occur. Confrontations continued during the
Cold War period, and also during the decolonization process which freed peoples from foreign administrations and
politically undignified living conditions.5 Moreover, the UN — with two of its five permanent Security Council members
embroiled in the Cold War — was rendered somewhat ineffective, each side exercising its veto power to nix decisions
that might benefit the other.
With the Cold War ending in 1991, and with new countries emerging into power, the nature of armed conflicts
began to change. The international frictions and external aggressions so familiar to the UN Charter’s drafters assumed
new dimensions. These new armed conflicts can be described as:
1) The League of Nations was an intergovernmental organization established in 1919 immediately after World War I. Its headquarters were in Geneva,
Switzerland. The Covenant of the League of Nations was part of the Treaty of Versailles, which was signed between 28 June 1919 and 10 August 1920,
and was entered into force on 10 January 1920. The League was established to bring stability to the world. Failing political will, persistent hostilities,
and weak mechanisms to stop these hostilities led to the Second World War.
2) Charter of the United Nations, preamble. Available from: <http://www.un.org/en/documents/charter/index.shtml>.
3) Louis Henkin, “International Law: Politics, Values and Functions”, as quoted in Henry J. Steiner and Philip Alston, International Human Rights in
Context: Law, Politics, Morals (New York: Oxford University Press, 1996), 122.
4) “Consider first the Charter’s radical transformation of the branch of the laws of war concerning jus ad bellum. Recall that for several centuries that
body of law had addressed almost exclusively jus in bello, the rules regulating the conduct of warfare rather than the justice or legality of the waging
of war”. Henry J. Steiner and Philip Alston, International Human Rights in Context: Law, Politics, Morals (New York: Oxford University Press, 1996),
118.
5) Michael O’Flaherty, “We Are Failing the Victims of War”, in Human Rights Protection in the Field, Bertrand G. Ramcharan, ed. (Leiden, The Netherlands:
Brill Academic Publishers, 2006), 41.
14
“very particular forms of war, far from the stereotypical

images portrayed by literature and the movies. These are not
great confrontations of the opposing armies of nation States,
engaging in classic battles. Instead, contemporary conflicts
typically involve confrontation between a State and one or more
rebel groups — often with the involvement in one way or the
other of neighbouring States. It may not even be clear who are
the opposing forces.”6
“Traditional” conflicts have not disappeared, but “modern” conflicts have taken the centre stage. They are more
frequent and often more brutal. The nature and effects of human rights violations committed in conflicts remain
disturbing and new challenges require new methods of prevention and protection.
Since its creation, the United Nations has been involved globally in negotiating freedoms and setting human
rights standards, with a focus on preventing and stopping conflicts. However, the UN is also a political entity. The
main decision-making organ with respect to taking actions pertaining to threats to the peace, breaches of the peace,
and acts of aggression — the Security Council — is led by the five Permanent Members that were the victorious
nations from the Second World War (China, France, Russia, the United Kingdom, and the United States). This
structure becomes a reason for human rights concerns if the Permanent 5 (P5) do not demonstrate credentials as
“human rights champions”. Action to protect people from violations and abuses have been both taken and not taken.
Proposals for such actions have also often been vetoed. The sometimes demonstrated incoherence between the
principles and purposes of the UN Charter on the one hand, and the reality of global politics on the other, have led
to demands that the UN undertake an important process of reforms. Peacekeeping and other UN interventions have
shaped themselves around these developments.
Measures to tackle conflicts start with prevention. Where countries manage to foster nation-building, combining
economic and social efforts with schemes of coexistence and respect for the culture of its constituent peoples, peace
often has the chance to work better. Human rights can provide a strong tool to “glue” those elements together.7
Section 1.2 Some Characteristics of Modern Armed Conflicts and

their Implications for Human Rights
Inter-State and intra-State armed conflicts
International (or inter-State) armed conflicts occur whenever the armed forces of two or more States engage
in combat.8
Non-international (or intra-State) armed conflicts are protracted armed confrontations occurring between
governmental armed forces and the forces of one or more armed groups, or between such groups arising within the
territory of a single State. The armed confrontation must reach a minimum level of intensity and the parties involved
in the conflict must show a minimum of organization.9
6) Ibid., 42.
7) Bertrand G. Ramcharan, “Human Rights and Conflict Resolution” in Human Rights Law Review, vol. 4, No. 1, 2004, 2.
8) International Criminal Tribunal for Former Yugoslavia, The Prosecutor v. Dusko Tadic, Decision on the Defence Motion for Interlocutory Appeal on
Jurisdiction, IT-94-1-A, 2 October 1995, para. 70.
9) First, the hostilities must reach a minimum level of intensity. This may be the case, for example, when the hostilities are of a collective character
or when the government is obliged to use military force against the insurgents, instead of mere police forces. Second, non-governmental groups
involved in the conflict must be considered as “parties to the conflict”, meaning that they possess organized armed forces. This means, for example,
that these forces have to be under a certain command structure and have the capacity to sustain military operations. International Committee of
the Red Cross (ICRC), “How is the Term ‘Armed Conflict’ Defined in International Humanitarian Law?”, Opinion Paper, March 2008. Available from:
<http://www.icrc.org/eng/assets/files/other/opinion-paper-armed-conflict.pdf>.
15
A lone vehicle turning off a deserted street in Vukovar in the Slavonia region of Croatia. September
1992. UN Photo #121856 by John Isaac.
In the past decade there has been a shift from international armed conflicts, occurring between two or more
States (inter-State), to more circumscribed ones, occurring within one country only (intra-State).10
Many of the current peace operations are dealing with intra-State conflicts. These include Afghanistan, Côte
d’Ivoire, the Democratic Republic of the Congo, Liberia, South Sudan, and several others.
Different State and non-State combatants
Presence of different “State” and “non-State” actors (NSAs) taking part in the hostilities is another characteristic
of modern armed conflicts. These may include government armed forces, national police forces operating under
military rule, rebel groups and “freedom fighters” with different levels of popular support, militias, mercenaries,
private security and military companies, elements belonging to foreign armies, and others. Each of these actors
takes part in the conflict for different and often opposite goals of varying legitimacy, administers distinct tactics and
strategies, and — somehow — is held accountable against different legal standards.
Such puzzles make conflicts very complex to monitor. Some of the actors, like mercenaries, rebel factions,
and military private companies, may operate on the edge of international law and claim not to be bound by legal
obligations, since many have not signed peace settlements. Meanwhile, groups belonging to national regular forces
can change uniform and become dissident forces or join militias, and vice versa.11
The threat to human rights posed by both State and non-State actors is of increasing concern. It is then very
important to identify legal grounds to hold all combatants, independent of their belonging and cause, accountable for
actions that trespass on international law principles and responsibilities.
10) One hundred and one armed conflicts occurred between 1989 and 1998, and 93.5 per cent of those were intra-State conflicts. Pablo Bonavena and
Flabián Nievas, “Las nuevas formas de la guerra, sus doctrinas y su impacto sobre los derechos humanos”, Fermentum Mérida — Venezuela, vol. 16,
no. 46, May 2006, 356.
11) “In Sierra Leone we used to speak of ‘sobels’ — soldiers by day and rebels by night.” Michael O’Flaherty, 42.
16
How intra-State conflicts affect regional stability
An intra-State conflict can take place over the entire territory of a State or only in part of it. Even if the conflict
is circumscribed within a State’s borders, its effects can be felt outside of the State and become a threat to regional
or even international security. Borders are permeable and activities of fighting forces in a specific State can become
a threat to neighbouring States. Intra-State conflict can spill over national borders pushing neighbour States’ forces
to react. Effects of conflicts — such as uncontrollable refugee flows, epidemics, trafficking of human beings, illegal
movements of combatants, smuggling of weapons, and natural resources — may cause humanitarian crises and
regional instability.
No State can be silent when confronted with brutal human rights violations. Abuses caused by an intra-State
conflict can compel neighbouring States to intervene in defence of the population or specific groups of the State
affected by conflict (or their own populations living close to the borders). Such reactions can have a domino effect,
escalating the intra-State conflict into a regional conflict if it is not properly monitored.
Internationalization and brutality
The “internationalization” of intra-State conflicts can be a
consequence of various factors. States, not directly part of an “Wars between nations have
intra-State conflict, can, for different reasons, decide to get increasingly given way to wars within
involved in it. Foreign States can, for example, decide to back one nations. The resurgence of ethnic
or the other warring faction involved in an intra-State conflict. or sectarian conflicts; the growth of
Another scenario occurs when ongoing hostilities between two secessionist movements, insurgencies,
States provoke military intervention in favour of opposing parties and failed States — all these things
in a third State. Internationalization of internal conflicts occurs, have increasingly trapped civilians in
for example, if a coalition of foreign States decides to intervene an unending chaos. In today’s wars,
militarily in support of a specific insurgent group fighting against many more civilians are killed than
an established government.12 soldiers; the seeds of future conflict

are sown, economies are wrecked,
The increased economic interdependence of States borne
civil societies torn asunder, refugees
of globalization, the development of nuclear capabilities among
amassed, children scarred.”
previously non-nuclear States, the greater incidence of terrorism,
and the increasing scarcity of natural resources are all possible –Barack Obama,
factors behind foreign intervention in domestic conflicts. As a “A Just and Lasting Peace”
reflection of that reality, internal conflicts are presently more 10 December 2009
numerous, brutal, and damaging than the international conflict,
despite the fact that the State remains the main war-waging
machine.13
12) James G. Stewart, “Towards a Single Definition of Armed Conflict in International Humanitarian Law: A Critique of Internationalized Armed Conflict”,
International Review of the Red Cross, No. 850, June 2003. Available from: <http://www.icrc.org/Web/Eng/siteeng0.nsf/html/5PYAXX>. See also:
A/55/305–S/2000/809. “Since the end of the Cold War, United Nations peacekeeping has often combined with peace-building in complex peace
operations deployed into settings of intra-State conflict. Those conflict settings, however, both affect and are affected by outside actors: political
patrons; arms vendors; buyers of illicit commodity exports; regional powers that send their own forces into the fray; and neighbouring States that
host refugees who are sometimes systematically forced to flee their homes. With such significant cross-border effects by State and non-State actors
alike, these conflicts are often decidedly ‘transnational’ in character.”
13) “Definition of a conflict resource: Conflict resources are natural resources whose systematic exploitation and trade in a context of conflict contribute
to, benefit from or result in the commission of serious violations of human rights, violations of international humanitarian law or violations amounting
to crimes under international law.” Global Witness, “Conflict”. Available from: <http://www.globalwitness.org/campaigns/conflict>.
17
The internationalization of armed conflict is not necessarily consequent to the legal and moral obligation to
protect foreign populations under attack. That goal can be instead used as an excuse to intervene and safeguard
vested interests. Unauthorized intervention; envoys of mercenaries, weapons, and other support; or unilateral
sanctions can be methods to internationalize the conflict.
The objectives of these actions can have a debilitating impact on human rights. This means that internationalized
armed conflicts require deep analysis and monitoring activities to establish both direct and indirect responsibilities.
Human rights violations as warfare methods
Asymmetric armed conflict occurs when there are conspicuous differences between the military capacities of the
fighting parties (i.e. the government forces are much better equipped than the rebel fighters). While countries whose
militaries boast state-of-the-art technological capacities can adapt their fighting and use methods of guerrilla warfare,
weaker parties may be tempted to use illegal and unscrupulous combat methods and privilege less penetrable
conflict zones, another frequent attribute of modern armed conflicts.14
Many peacekeeping operations have been deployed to conflict zones characterized by unscrupulous warfare
techniques: children-friendly booby traps, terrorist attacks, mutilations with machetes, systematic rapes, anti-
personnel mines, etc.
Section 1.3 The Struggle of Civilian Populations

Civilians account today for the vast majority of casualties in armed conflicts and are increasingly targeted by
combatants. Acts of violence against them result in several human rights abuses, directed especially against women,
children, and refugees and internally displaced persons. In the last century, all conflicts, both inter- and intra-State,
have regularly resulted in attacks against the civilian populations.15 To understand the proportion of the phenomenon
one can reflect on the following:
“In 1945, after two atomic bombs were dropped over Hiroshima
and Nagasaki in Japan, the Second World War (1939–1945)
was over. Since then, the world has witnessed some 150 wars.
These conflicts have cost more than 20 million lives, more than
80 per cent of them civilians.
At the beginning of the 20th century, nearly 80 per cent of

landmine victims were military personnel. Today, nearly 80 per
cent of landmine victims are civilians.
During the 1990s, more than 2 million children were killed

and 6 million seriously injured in conflicts involving revolvers,
assault rifles, mortars, hand grenades and portable missile
launchers.”16
14) ICRC, “International Humanitarian Law and the Challenges of Contemporary Armed Conflicts”, October 2007, 13. Available from: <http://www.icrc.
org/eng/assets/files/other/ihl-challenges-30th-international-conference-eng.pdf>.
15) Of course, targeting and attacking civilians is not a “modern” phenomenon. With few exceptions since the Second World War, both intra- and inter-
State armed conflicts have included attacks against towns and civilian populations. The Korean War (1950–1953), for example, resulted in the
bombardment of more than 80 per cent of the main towns in the country. The decolonization and national liberation wars were also characterized by
the presence of “irregular” forces and attacks on civilians (Indochina, Vietnam, Algeria, and India). Pablo Bonavena and Flabián Nievas, 360–361.
16) United Nations Department of Public Information (DPI), Everything You Always Wanted to Know About the United Nations (New York: United Nations,
2008). Available from: <https://digitallibrary.un.org/record/705190>.
18
Respondents to a survey in conflict areas said that “there should be limits to what combatants are allowed
to do in the course of fighting their enemies and that there should be a clear distinction between combatants and
civilians when carrying out attacks in armed conflict”.17 Actions against the civilian population such as “the killing
of civilians/children/the innocent”, “specific types of violence/oppression, such as kidnapping, torture and stealing”,
“attacks on buildings/specific areas, including looting and attacks on civilian areas”, as well as sexual violence, are
unacceptable.18
Deliberate attacks
“Deliberate targeting of civilian populations or other protected

persons and the committing of systematic, flagrant and
widespread violations of international humanitarian and human
rights law in situations of armed conflict may constitute a threat
to international peace and security.”19
Parties to international and internal armed conflicts sometimes disobey basic rules and principles of international
law. Attacks against civilians are often deliberate and not merely incidental. Civilians are not shelled or killed only by
mistake but often as part of a strategy. Systematic killings, planned ethnic cleansing, mass rapes, or starvation of
civilians are actions that require planning — they are real strategies of warfare.
Civilians unfortunately can play a decisive role

in determining the outcome of wars. If there is the
risk to lose ground, “good” fighters can become
bad ones. Parties to the conflict which are legally
bound by the prohibition of disproportionate attacks
may, in response to an adversary’s “dirty” strategy,
progressively revise their assessment on the principle
of proportionality and inflict more “incidental” civilian
casualties and damage. An example is to justify an
attack targeting livelihoods and dwellings of people
under the pretext that civilian population and objects A casualty of fighting in Bunia, Democratic Republic of the
were in reality a cover up for enemy combatants and Congo. May 2003. UN Photo #25948 by UN Photo.
military objectives.
Peace spoilers may use the “fog of war” to blur the fundamental distinction between civilians and combatants, a
cornerstone of international humanitarian law. Combatants can use civilians as human shields to protect their bases
or movements, or can motivate their attacks against the population affirming that civilians were directly participating
in hostilities. Civilians can also be killed, raped, or mutilated by rebel or foreign forces as a “punishment” or “reprisal”
in retaliation to aggressive military policies adopted by a government or opposition forces.
The broader the interpretation of the principle of “direct participation”, the broader the interpretation of the
notion of military objective (at the expense of the civilian population).20 Many of the brutal violations inflicted by
combatants against civilians are not inflicted against opposing combatants themselves, since they, unlike civilians,
benefit from modern and sophisticated military technologies aimed at minimizing military casualties.
17) ICRC, “Summary report: Afghanistan, Colombia, Democratic Republic of the Congo, Georgia, Haiti, Lebanon, Liberia and the Philippines”, Opinion
survey, 2009.
18) Ibid.
19) S/RES/1296, 2000.
20) ICRC, “International Humanitarian Law and the Challenges of Contemporary Armed Conflicts”, 719–757
19
Kosovar refugees fleeing their homeland. Blace

area, The former Yugoslav Republic of Macedonia.
March 1999. UN Photo #50810 by R LeMoyne.
Who are the civilians?
The ICRC states:
“For the purposes of the principle of distinction in non-

international armed conflict, all persons who are not members
of State armed forces or organized armed groups of a party to
the conflict are civilians and, therefore, entitled to protection
against direct attack unless and for such time as they take a
direct part in hostilities.”21
Similarly, in the case of international armed conflict, a civilian is anybody who is not a member of the armed
forces of the conflicting States.22
Violence against civilians does not include just killings. Civilians are abducted, made to disappear, enslaved, forced
to join fighting forces, or forced to flee their own communities. Civilians are tortured, traumatized, and humiliated.
Statistics on casualties often underestimate the additional toll on human life from physical and psychological scarring
and the long-term impact on durable peace, reconciliation, and development efforts.
Rape by combatants of women and girls, for example, has assumed worrying proportions and become a common
feature of modern conflicts. The following statement by human rights defender Rubina Saigol is emblematic:
“The rape of women in Bosnia, Bangladesh, Kashmir,

Afghanistan, Chechnya, Germany, Kosovo and Palestine during
armed conflict shows the extent to which it has become a
weapon of war used by all armies whether holding Muslim,
Hindu, Christian or Marxist beliefs. Rape inflicts the ultimate
defeat upon the enemy as its women, the biological and cultural
source of the reproduction of the nation, have been ‘defiled’
21) ICRC, “Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law”, International Review of the
Red Cross, vol. 90, no. 872, December 2008, 27. “In order to qualify as direct participation in hostilities, a specific act must meet the following
cumulative criteria: acts amounting to direct participation in hostilities must meet three cumulative requirements: (1) a threshold regarding the harm
likely to result from the act, (2) a relationship of direct causation between the act and the expected harm, and (3) a belligerent nexus between the
act and the hostilities conducted between the parties to an armed conflict”, 46.
22) Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, Protocol
I, 8 June 1977.
20
and made impure. It is meant more to humiliate men of the

opposing group through the symbol of their national honour,
women. In Afghanistan’s case, women report that all factions
raped women of the opposing faction even though they were
Muslim women. The same is true of Bangladesh where Muslim
women were raped in thousands by Muslim men.”23
Civilians between scenarios and fatalism
“During our missions to conflict situations, we met generations

of women and girls who have known nothing other than war.”24
There is nothing fatalistic in armed conflicts, nor in the death of thousands of innocent people. Suffering of
civilians under armed conflict is not coincidental. The UN Charter is a hymn to peace. Demands for peace and normal
living are countless. Peace is both “a value and a right in the conscience of humanity”.25
Human Rights and the Peace Process in Bosnia »

“Violation of human rights is an important source of conflict and compliance
with human rights is a crucial foundation for peace. The recent conflict in the
former Yugoslavia illustrates dramatically the first part of this proposition —
that human rights violation leads to the conflict. At bottom, the four-year war
in that region has been about human rights violations of the most deliberate,
systematic, and grotesque sort.
Beyond that, the peace settlement illustrates the second part as well.
Although not UN-arranged, the Dayton Accords explicitly builds in human
rights as a basis for peace. Annex 6 of the Accords establishes an elaborate
human rights machinery in Bosnia, including a Commission on Human Rights,
a Human Rights Ombudsman, and a Human Rights Chamber for processing
human rights claims. Furthermore, the Hague War Crimes Tribunal directly
touches the question of accountability for human rights offences during the
war. All these provisions are understood as contributing to the conditions of
justice, stability, and peace in Bosnia.”
–David Little, Professor Emeritus, Harvard Divinity School

from “Protecting Human Rights During and After Conflict: The Role of the
United Nations”
23) Rubina Saigol, “Gender and Conflict”. Available from: <https://sachet.org.pk/gender-and-conflict/>.

24) Elisabeth Rehn and Ellen Johnson Sirleaf, Women, War and Peace (New York: UNIFEM, 2002), 1.
25) Jesús María Alemany Briz, “La Paz, ¿Un Derecho Humano?”, 6. Available from: <http://www.seipaz.org/documentos/AlemanyDHPaz.pdf>.
21
If conflict is something normal in humankind — and it can be positive if by settling our differences we can bring
improvement — armed conflict is not. Armed conflict is a well-planned and organized event, often degenerating into
a protracted and inglorious man-made disaster.
Conflicts are often depicted as arenas for two main groups, combatants and civilians, both with specific roles.
These “scenarios” represent a set of players, a set of moves (or strategies) available to those players, and a
designated set of payoffs that result from a combination of strategies.
Due to the need of categorizing the actors on the ground — “displaced”, “survivors”, “vulnerable”, “minorities”,
“Africans”, “Arabs”, “victims”, “women”, “the poor” — sometimes scenarios risk inexorable superficiality. How do you
categorize, for example, a civilian who enshrines all those elements at the same time?
Doing human rights work in the field implies much interaction with civilians — their past, their present, and,
particularly, their future. It is important to attribute to all of them an individual face and not to generalize. It is a
context of traumas one is walking into, and it is important to know that a wrong approach can harm rather than help.
Actions, therefore, must be taken with guidance.
If managed with responsibility, scenarios can have great potential for human rights analysis and training
purposes, particularly when serving with a peace operation. By zooming in on the scenario we can measure the
effects of our actions and responses vis-à-vis combatants and civilians and the other actors involved in the area of
operation, such as UN agencies.
“In States and regions where ethnic tensions run high and deep inequalities
among groups persist, it is hard to envision sustainable economic and social
development without addressing underlying fissures in the social and political
fabric. It is equally difficult to imagine healing such fissures without dealing
with the concomitant development deficits. Chronic underdevelopment does
not, in and of itself, cause strains among different ethnic, religious or cultural
communities. But it can exacerbate the competition for scarce resources and
severely limit the capacity of the State, civil society, and regional and sub
regional organizations to resolve domestic tensions peacefully and fully …
Expanding development assistance to the “bottom billion” would undoubtedly
have a net positive effect on preventing crimes and violations relating to the
responsibility to protect if such assistance is targeted to give the poor and
minority groups a stronger voice in their societies, enhances equality and
social justice, raises their education levels and increases their opportunities
for meaningful political participation. However, if additional assistance is
distributed in a way that exacerbates, rather than narrows, differences in the
status and living conditions of rival ethnic, religious or cultural communities
within these societies, then the effect would be destabilizing and could fuel
existing tensions and resentments. Aid programmes therefore need to be
sensitive both to conflict and to the responsibility to protect.”
–Ban Ki-moon, Secretary-General of the United Nations

from A/63/677 (2009)
22
Three children, orphaned when their mother was killed in gunfire, seek shelter at UN
headquarters in Bunia, DRC. May 2003. UN Photo #25723.
Let us also remind ourselves that the “teams” in the arena are not playing the same game. Civilians are forced
to play. The reality of civilians in conflict is very heavy in its human complexity and is not highlighted enough by
simulated real-life scenarios. Civilians are people losing their children and parents, their jobs, and their properties.
They are watching all their rights disappear under states of emergency lasting years rather than weeks. They are
forced into poverty, physically abused, impeded from access to justice, humiliated, forced to “beg” for their lives, and
are constantly searching for ways to survive in a climate of fear. Empowering these people means giving them access
to their fundamental rights even in extreme states of armed conflict.
Today, the protection of civilians (POC) is a mandate of peacekeeping missions. It requires a concerted response
of the entire peace operation based on international legal standards and the non-negotiable principle of human
dignity.
Once free from want and fear, civilians are active players in the overall transformation that will lead from conflict
to stability and development.26
It is of fundamental importance to ensure that attacks against civilians are stopped without delays and that
peace agreements are very firm on civilians’ protection. Individual accountabilities for attacking civilians must be
a sine qua non of all possible negotiations. Representatives of the “categories” of civilians must be sitting at the
negotiation table and involved in all stages of conflict resolution and discussing measures to be taken after conflict.
Section 1.4 Human Rights as Causes and Solutions of Conflicts

Human rights issues are at the centre of conflicts. Conflicts are often rooted in social, political, economic, and
cultural inequalities.
Disproportionate wealth between and within different areas and groups of the countries, poor education and
health services, ethnic and political disputes, underemployment, lack of opportunities for the youth, environmental
changes resulting in lack of access to natural resources. All of these inequalities are the results of unheard demands
and discriminatory denials of fundamental human rights.
26) “The role of the people within the conflict parties is of great pertinence because the peacebuilding comes from within rather from outside.” Emily Pia
and Thomas Diez, “Conflict and Human Rights: A Theoretical Framework”, SHUR Working Paper Series, January 2007, 8.
23
Groups discriminated by oppressive
1
governments can decide to get organized
and take up weapons. In some cases

No Conflict
Any peaceful community is likely to face conflict
sometimes, although communities in this category
freedom fighters’ movements can be are good at resolving conflict before it develops.
spontaneous. In others, intra-State armed
conflicts can be the result of external
2
support, including military support, Surface Conflict
This has shallow or no roots. It may be due to misunderstanding
of goals, which can be addressed by improved communication
coming from States or lobbies with their and the concious effort of opposing groups to understand each
other’s need and opinions.
own agendas. In all of these cases, the
inequalities suffered by the people will be
3
cited to legitimize the fight. Latent Conflict
This is conflict below the surface. It might need
to be brought out into the open before it can be
The Security Council stresses the effectively addressed.
importance of a coordinated international
response to economic, social, cultural,
4
and humanitarian problems, which are Open Conflict
This conflict is very visible and has deep roots,
often the root causes of armed conflicts. sometimes over several generations. Both the
causes and the effects need to be addressed.
Recognizing the need for the development
of effective long-term strategies,
it emphasizes the need for all United Nations organs and agencies to pursue preventive strategies and to take
action within their respective areas of competence to assist Member States in eradicating poverty, strengthening
development cooperation and assistance, and promoting respect for human rights and fundamental freedoms.27
Human rights violations are precursor events to violent conflicts and military hostilities. On the other hand,
gross human rights violations and large-scale humanitarian emergencies are consequences of armed conflict. It
makes sense, then, to map both human rights abuses and conflicts together.
Disintegration of States affected by armed conflicts may include:
• “Failed States” situations characterized by the breakdown of essential States’ functions;
• Targeting of civilians in the context and/or on the side of armed confrontations, resulting in unacceptable
human rights abuses committed by government forces, armed groups, and organized criminals;
• Use of child soldiers;
• Attacks against local NGOs and human rights defenders as acts of reprisal and/or intimidation;
• Attacks against the UN peace operation and/or regional organizations, humanitarian organizations, etc.
• Movement of people including men, elders, women, pregnant mothers, and children forced to flee and find
precarious refuge in areas of displacement and in proximity to international borders;
• Dysfunctional national protection systems (law enforcement, justice system, social security, public health,
customs);
• Lack of food, clean water, emergency health and shelter resulting in humanitarian crisis;
• Impracticability of roads, public markets, fields, schools due to lack of maintenance, mines,
and/or conflict-related destruction;
27) S/PRST/1999/34.
24
• Replacement of State’s formal laws and procedures with de facto territorial power dynamics;
• Overthrow of civil society and traditional values;
• Disrespect of people’s social status and national symbols/properties; and
• Cut of contacts/follow up of cases between State and citizens (archives, support, etc.).
Regarding peace operations and human rights, Todd Howland — director of MONUC’s human rights division in
the Democratic Republic of the Congo — states:
“The goal of each peacekeeping operation should be to

measurably increase respect for human rights law. There should
be analysis of the root causes of the conflict and of which
human rights are implicated. A baseline study of the level of
respect for human rights should be done at the beginning of the
operation. Programmes should be put in place to measurably
increase the level of respect for the target rights (those linked
to the root cause of the conflict).”28
Societies emerging from armed conflict face immense human rights needs which are entrenched with the security
and development dimensions. The complexities of post-conflict situations require that special attention is given to
repairing the large-scale damage inflicted on law and order, and economic, health, and educational infrastructures.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) states:
“Addressing human rights in peace agreements helps ensure

the success of those agreements, as they provide guarantees
that the population will not be subjected to further abuse.
Human rights must also be integrated in efforts to provide
immediate humanitarian relief. Indeed, humanitarian agencies
have moved in this direction as they reform the framework
of humanitarian response. Protection is now a major cross-
cutting issue to be incorporated in all humanitarian activities.
Furthermore, in situations where the violence and insecurity
are the result of widespread criminal activities, protecting
the rights of all people without discrimination will ensure that
ordinary citizens will not be subjected to arbitrary actions by
law-enforcement officials.”29
» For more information on UN policy on human rights, read Human Rights Priorities Today: A
United Nations Priority, excerpts of which are available online at: <https://www.ohchr.org/
Documents/AboutUs/IK_Human_rights_priorities_today_En.pdf>.
28) Todd Howland, “Peacekeeping and Conformity with Human Rights Law”, in Peace Operations and Human Rights, Ray Murphy and Katarina Mansson, eds.
(New York: Routledge, 2008), 6.
29) Office of the High Commissioner for Human Rights (OHCHR), “High Commissioner’s Strategic Management Plan 2008–2009”, 18–19. Available from:
<http://www.ohchr.org/Documents/Press/SMP2008-2009.pdf>.
25
Writing Exercise 1: Conflict Analysis and Prevention »

If you have access to the Internet, consider writing your thoughts on the Student
Forum by logging into your Peace Operations Training Institute classroom and
clicking on the “Student Forum” link on the left-hand menu.
Consider a country that you have direct experience with or great knowledge of.
Keeping in mind that conflict is defined as “a set of relationships between two or
more parties, individuals, or groups who have, or think they have, incompatible
goals", answer the following items:
• List some examples of incompatibilities existing in the country caused by

inattentiveness to human rights problems.
• What can happen to make each of those situations worse? Can any of
these situations lead to violent conflict?
• Which practical recommendations can you provide to prevent conflict from

becoming intractable? Consider structures, customs, and opportunities
existing in the country and the real-life experiences of the government and
the population.
Section 1.5 Activities for Peace and Security Invoking Human

Rights30
The UN is committed to the conviction that strong, durable, and equitable peace and security can only ever be
attained if it is built on respect for human rights. The protection and promotion of human rights are therefore key
elements of the full spectrum of peace and security activities.
Early warning
Symptoms need to be identified and cured in a timely manner to avoid the situation degenerating into a conflict.
Countries should have mechanisms to monitor, investigate, and remedy situations of grievances or violations. “A
national human rights commission might be able to do this. So might a parliamentary human rights committee.”31
By monitoring volatile contexts, UN peace operations support States in identifying potential changes in the
human rights situation that can affect transition to stability and bring conflict back. Information collected by human
rights officers in the field provides important data for early warning. Examples are lack of POC in armed conflict
including deliberate targeting of civilians and indiscriminate violence; limited humanitarian access and restricted
30) See: Ellen L. Lutz, Eileen F. Babbitt, and Hurst Hannum, “Human Rights and Conflict Resolution from the Practitioners’ Perspectives”, The Fletcher
Forum of World Affairs, vol. 27, no. 1, Spring 2003, 173–193. Available from: <https://www.academia.edu/37171394/Human_Rights_and_
Conflict_Resolution_from_the_Practitioners_Perspectives>; Bertrand G. Ramcharan, “Contemporary Challenges of Human Rights Protection: A Call
for Preventive Strategies”, Rutgers Law Journal, vol. 37, no. 495, 2006, 495–516; Liam Mahony, “Unarmed Monitoring and Human Rights Field
Presence: Civilian Protection and Conflict Prevention”, The Journal of Humanitarian Assistance, August 2003. Available from: <http://sites.tufts.edu/
jha/archives/61>. On related policy and training material, see: DPKO/DFS, United Nations Peacekeeping Operations Principles and Guidelines (2008),
and DPKO, Core Pre-Deployment Training Modules (CPTMs). Both are available from the UN Peacekeeping Resource Hub: <https://research.un.org/
en/peacekeeping-community>.
31) Bertrand G. Ramcharan, “Human Rights and Conflict Resolution”, 3. See also: Bertrand G. Ramcharan, “Contemporary Challenges of Human Rights
Protection: A Call for Preventive Strategies”.
26
IASC Early warning map of Countries of Concern. Countries in red colour represent Priority 1. Ranking of alert is based on
1) threat to life/livelihood; 2) potential scale; 3) imminence: 4) potential population movements; and 5) regional implications.
humanitarian space, causing denial of basic human rights; concerning developments in transitional justice processes;
food insecurity; increasing tensions or conflicts over pastoral land and cattle; and natural disasters and seasonal
flooding.32
Despite a rich literature on early warning and prevention, very little is done to strengthen early warning
mechanisms and make them serious alarms for action.
Peace operations gather information and publish progress reports but they do not always take into consideration
human rights concerns. Too much time is left between credible signs of fragmentation and the escalation of violence.33
Prevention
Prevention involves the application of structural or diplomatic measures to keep tensions and disputes from
escalating into violent conflict. Ideally, it should build on structured early warning, information gathering, and a
careful analysis of the factors driving the conflict.34
Conflict prevention occurs before a conflict starts and involves the use of diplomatic measures or other tools to
prevent inter- or intra-State tensions from turning into violent conflict.
32) The Working Group on Preparedness and Contingency Planning of the Inter-Agency Standing Committee contributes to strengthening early warning
processes. OHCHR as the lead human rights agency contributes to such processes by integrating a human rights perspective in humanitarian action.
The reports are also based on information coming from peace operations identifying potential changes in human rights situations in the field. For more
information, see: <http://www.humanitarianinfo.org/iasc/>.
33) Michael O’Flaherty, 46.
34) DPKO/DFS, United Nations Peacekeeping Operations Principles and Guidelines, 2008, 17.
27
Dialogue, mediation, investigations into sources of
disagreement, and confidence-building measures are all
preventive measures.
Prevention can include mediation through the use
of the UN Secretary-General’s “good offices” with the
aim to engage in dialogue with the different parties,
decrease tension, and/or mediate a disagreement;
the UN High Commissioner for Human Rights and his/
her country or regional representatives; country visits
by special rapporteurs who monitor human rights
problems and help fix them by assisting countries in
conforming with international standards; and dialogue An UNPREDEP observation post on the Yugoslav border.
facilitated by specialized International Non-governmental May 1998. UN Photo #73496 by Igor Vasilev.
Organizations (INGOs).35
A conflict is always too costly from a human rights perspective. There is significant evidence that early
deployment of international field operations, including unarmed human rights presences, has played an important
part in preventing attacks against civilian populations in conflict, as well as facilitating and encouraging ongoing
peace processes.36
Peacemaking
Peacemaking generally includes measures to address conflicts in progress and usually involves diplomatic action
to bring hostile and concerned parties to a negotiated agreement. This may include direct activities by the United
Nations to assist in negotiating a peace agreement, or it may mean that the United Nations facilitates peacemaking
by peace negotiators or other regional or international actors, for instance by providing neutral facilities for their
negotiations or chairing sessions of the negotiations.
Peacemakers can be the UN Secretary General through his/her “good offices” and public diplomacy efforts, the
UN High Commissioner for Human Rights and his/her representatives, regional organizations, envoys, governments,
groups of States, unofficial and nongovernmental groups, or prominent personalities working independently.37
Ensuring that human rights are well integrated in peace processes from the early stages is crucial. This has a lot
of to do with addressing the root causes of conflict, bringing actors who can represent victims and civil society to the
negotiation table, settling past human rights grievances, accountability, and strengthening human rights protection
for the future.
35) Ibid.
36) “In conditions of crisis within a country, when the Government requests or all parties consent, preventive deployment could help in a number of
ways to alleviate suffering and to limit or control violence. Humanitarian assistance, impartially provided, could be of critical importance; assistance
in maintaining security, whether through military, police or civilian personnel, could save lives and develop conditions of safety in which negotiations
can be held; the United Nations could also help in conciliation efforts if this should be the wish of the partners.” An Agenda for Peace: Preventive
Diplomacy, Peacemaking and Peacekeeping, A/47/277-S/24111, para. 29. See: Liam Mahony, “Unarmed Monitoring and Human Rights Field
Presence: Civilian Protection and Conflict Prevention”, The Journal of Humanitarian Assistance, August 2003. Available from: <http://sites.tufts.edu/
jha/archives/61>. Centre for Humanitarian Dialogue, Proactive Presence: Field Strategies for Civilian Protection (Geneva: Henry Dunant Centre for
Humanitarian Dialogue, 2006). See also: Human Rights Watch, The Lost Agenda: Human Rights and UN Field Operations (New York: Human Rights
Watch, 1993), which, regarding ONUSAL in Salvador, states, “Human rights played a central role in the UN-sponsored peace process. Even before the
peace accord, one hundred UN Human Rights Monitors were deployed in the country to deter abuses and to build a climate of confidence in which both
sides could make the compromises necessary for ending the war. The size of the monitoring force and its deployment throughout the country made it
a credible force.”
37) DPKO/DFS, 17. See also: DPKO, CPTM, Unit 1, Part 1, 22. Examples of recent peacemaking activities include the appointment of a Special Envoy of
the Secretary General for areas in Uganda affected by the rebel Lord’s Resistance Army (LRA) in 2006 and of a Joint UN–AU Chief Mediator for Darfur
by the Secretary General of the United Nations and the Chairperson of the African Union in 2008.
28
Truth and reconciliation commissions, national commissions of inquiry, human rights monitoring missions,
and national and international courts and tribunals are some examples of approaches that have been used by
peacemakers.
Peacekeeping
Peacekeeping is a technique designed to preserve the
peace, however fragile, where fighting has been halted,

“The Security Council recognizes the
and to assist in implementing agreements achieved by the

importance of building a culture of
peacemakers.
prevention of armed conflicts and the
need for a contribution from all principal
Over the years, peacekeeping has evolved from a
organs of the United Nations in that
primarily military model of observing ceasefires and the
regard … Early warning, preventive
separation of forces after inter-State wars — operating
diplomacy, preventive deployment,
usually under Chapter VI since no use of force outside self-
preventive disarmament and post-
defence was contemplated — to incorporate a complex model
conflict peacebuilding are interdependent
of many elements (e.g. military, police, and civilian) working
and complementary components of
together to help lay the foundations for sustainable peace.
a comprehensive conflict prevention
Human rights protection and promotion is often part of
strategy.”
peacekeeping mandates, now increasingly under a Chapter
VII framework. Among the substantive civilian components –Statement by the President of the
making the mission, it is standard practice to include Security Council, S/PRST/1999/34,
human rights offices and officers implementing specific 30 November 1999
human rights functions such as monitoring, reporting, and
mainstreaming.38
For instance, the UN Security Council authorized the peacekeeping operation deployed to the Democratic
Republic of the Congo to, among other priorities, “ensure the protection of civilians” and “assist in the promotion and
protection of human rights, with particular attention to women, children and vulnerable persons, investigate human
rights violations and publish its findings, as appropriate, with a view to putting an end to impunity, assist in the
development and implementation of a transitional justice strategy, and cooperate in national and international efforts
to bring to justice perpetrators of grave violations of human rights and international humanitarian law”.39
Peace enforcement
Peace enforcement involves coercive measures, including the use of military force, which can be authorized by
the Security Council under Chapter VII to restore international peace and security in situations where the Security
Council has determined the existence of a threat to the peace, breach of the peace, or act of aggression. This may
include humanitarian crises characterized by egregious human rights violations.
Prevention is always the preferred option and force should always be used as the last resort. There are situations,
however, when it becomes imperative to intervene without delays to stop massive killings, rapes, and other massive
violations causing human disgrace.40
38) DPKO/DFS, 18 and DPKO, CPTM, Unit 1, Part 1, 26.

39) S/RES/1856, 2008.
40) DPKO/DFS, 18.
29
Peace Enforcement “Robust” Peacekeeping

Involves the use of force at a strategic or Involves the use of force at the tactical
international level which is normally prohibited level to defend the mission personnel and
for Member States under Article 2(4) of the its mandate, particularly in situations where
UN Charter: “All Members shall refrain in their spoilers are violating the peace agreement;
international relations from the threat or use there is need to maintain public order; and the
of force against the territorial integrity or state is unable to provide security (requires a
political independence of any state, or in any strong mandate).
other manner inconsistent with the Purposes
of the United Nations.”

Can be authorized without the consent of the Requires the consent of parties to the conflict.
parties to the conflict.

Requires the authorization of the use of force Requires the authorization of the use of force
by the Security Council. by the Security Council.
Peace enforcement is different than peacekeeping since there is no peace process in place or consent from the
warring parties. The UN does not generally engage in peace enforcement itself. When it is appropriate, the Security
Council may use regional organizations for peace enforcement action (under Chapter VIII of the Charter).
Peace enforcement action by regional organizations must always be undertaken with the authorization of the
Security Council and should not be initiated by regional organizations without the authority of the Security Council.41
Peace enforcement is often invoked in situations where peacekeeping mandates appear too weak and insufficient
to protect. Lack of resources and stretched capabilities are big obstacles for peacekeeping and are currently
under review. However, lack of political will, both by the host State and at the international level, has obstructed
peacekeeping in several circumstances in which the UN actually had the capability to deploy a mission.
Although the line between “robust” peacekeeping and peace enforcement may appear blurred at times, there
are important differences between the two.42 The chart above identifies these differences.
Peacebuilding
Peacebuilding is a complex, long-term process of creating the necessary conditions for sustainable peace. It
works by addressing the deep-rooted, structural causes of violent conflict in a comprehensive manner. Peacebuilding
measures address core issues that affect the functioning of society and the State, and seek to enhance the capacity
of the State to effectively and legitimately carry out its core functions.43
Regarding human rights, peacebuilding aims to develop sustainable national capacity for their protection and
promotion, including in the context of participation in public affairs, security and justice sectors reform, and the
creation of national human rights institutions. Integration of human rights-based approaches into UN strategies for
development is also part of the peacebuilding process.
41) DPKO, CPTM, Unit 1, Part 1.

42) Ibid., 19. Examples of peace enforcement mandates include the NATO-led Kosovo Force (KFOR) to establish a safe and secure environment in which
refugees and displaced persons could return home (Security Council resolution 1244 [1999]); and the multi-national Unified Task Force (UNITAF),
organized and led by the United States to use “all necessary means” to establish a secure environment for humanitarian relief operations in Somalia
(Security Council resolution 794 [1992]).
43) DPKO/DFS, 18.
30
In the peacebuilding phase, activities initiated in the peacemaking or peacekeeping phases are continued.
But many multi-dimensional peacekeeping operations are also involved in peacebuilding. Sometimes parts of the
countries which are safer and more stable can be prepared for peacebuilding, while others — such as the conflicts in
the DRC and Sudan — may need more time for peacekeeping to achieve its goals.
The boundaries between conflict prevention, peacemaking, peacekeeping, peacebuilding, and peace enforcement
have become increasingly blurred. Peace operations are rarely limited to one type of activity.
While United Nations peacekeeping operations are, in principle, deployed to support the implementation of a
ceasefire or peace agreement, they are often required to play an active role in peacemaking efforts and may also be
involved in early peacebuilding activities. Conflict prevention, peacemaking, peacekeeping, and peace enforcement
rarely occur in a linear or sequential manner. Indeed, experience has shown that they should be seen as mutually
reinforcing.44
Section 1.6 Other Threats to Human Rights and Peace and Security45
The two world wars are now perceived by some as distant episodes of humanity, and the Cold War has likewise
been relegated to the history books rather than any contemporary study. However, while developed countries today
can enjoy stability and the absence of war, armed conflicts continue in other parts of the world, killing and seriously
harming people.
Though many of today’s armed conflicts are intra-State conflicts, they almost always have external implications
and effects. The great promises of the disarmament race and peace dividends clash with a revitalized global military
expenditure, led by many modern democracies. Armed conflicts are fuelled by a growing arms trade which constitutes
a big portion of national budgets.46 Small weapons are behind most civilian casualties.
44) Ibid.
45) See: UNESCO, “New Threats to Peace, Security and Human Rights”, The New Courier, May 2002. Available from: <https://unesdoc.unesco.org/
images/0012/001257/125736e.pdf>.
46) For annual statistics on military expenditure, visit the website of Stockholm International Peace Research Institute (SIPRI) at: <http://www.sipri.
org>.
31
A member of the Indian battalion of the United

Nations Organization Mission in the Democratic
of the Congo (MONUC) and the Forces Armées
de la République Démocratique du Congo deploy
to Kirotshe, the scene of the latest combat with
the Congrès National pour la Défense du Peuple.
September 2008. UN Photo #323633 by Marie
Frechon.
Early warning mechanisms and preventive actions to improve standards of living, education, and freedom to
live in peace are crucial and deserve much more attention by the United Nations and partner organizations. Robust
efforts and resources should be reconverted and channelled in that direction.
This also means that the economy of war cannot continue flourishing at this rate and States should be made
accountable for supporting armed conflicts. The focus of the UN Charter is not on post-conflict reconstruction, but
on saving people from the scourge of war and promoting social progress and better standards of life. If prevention is
bypassed, military weaponry and resources devoted to peacekeeping risk becoming part of the problem rather than
the solution.
There are millions of individuals who have only known war, a situation into which they were born. Protracted
regional armed conflicts opposing specific groups and leading to the deprivation of freedoms and development
dehumanize human relations, multiplying hostile factors and desperate reactions.
Criminal organizations benefit from such situations. Terrorism, forced immigration, human trafficking, illegal
exploitation of natural resources, and drug trafficking are all realities which seem to thrive in armed conflicts and
violent situations. Insecurity and fear correspond to the lack of rule of law, and all of this causes forced movement
of human beings in search of better living conditions. The result is often a mounting discrimination and xenophobia
against the “others”, walking away from realities of death and suffering. Poverty and violence are perpetuated by
this cycle of instability. Applying international human rights standards while countering terrorism and international
criminal trafficking means ensuring a firm rule of law and keeping the dignity of individuals integral. Organizations
such the Office of the High Commissioner for Human Rights (OHCHR) and the United Nations Office on Drugs and
Crime (UNODC) have developed important guidance and tools for the fight against terrorism and transnational
crime.47
47) OHCHR, “Human Rights, Terrorism and Counter-terrorism”, Fact Sheet No. 32 (Geneva: OHCHR, July 2008). Available from: <http://www.ohchr.
org/Documents/Publications/Factsheet32EN.pdf>. “Military and police components of United Nations peacekeeping operations have provided a more
secure environment in 16 conflict zones all over the world in the last five years. This has helped to limit terrorist opportunities to recruit and to
conduct their operations in these regions”, 61. “The Department of Peacekeeping Operations provides training to national police and law enforcement
officers and officials on criminal matters including kidnapping, information-gathering, hostage-taking, close protection, and the investigation of
assassinations, murders and bombings”, 64. See also: UNODC, “Preventing Organized Crime from Spoiling Peace”, 26 February 2009. Available from:
<http://www.unodc.org/unodc/en/frontpage/preventing-organized-crime-from-spoiling-peace.html>.
32
In addition to wars and armed violence, the world is experiencing new threats like global food insecurity,
economic and financial crises, climate change, and natural disasters. In the Middle East, for example, the climate is
expected to become hotter, drier, and less predictable. Scarce water resources, increase of food insecurity, economic
collapse, and large-scale displacement can be dangerous but realistic perspectives in a region already characterized
by a history of divisions, hostility, and mistrust. We saw the result of dryness and lack of development in other
contexts such as Darfur.48
Climate change also constitutes a threat to the population, often to segments that are already in a vulnerable
situation. It is important then that States take measures to make environments safer and to give extra protection to
human rights affected by climate change.
In the coming years, UN activities for peace and security might be impelled to include in their structures and
schemes, personnel and procedures able to cope with such new threats, their causes and effects.49
Writing Exercise 2: MANOA's Dilemma »

Suppose MANOA is a peacekeeping operation composed of 1,000 military
observers, 500 police officers, and 200 political, human rights, and civil affairs
officers, and has been authorized by the Security Council.
The operation is facing severe degradation at the security level. Following

the contested nomination as prime minister of a party leader whose election
was widely considered to have been rigged, an unknown organization called
Movement for Democracy appeared in the eastern part of the country and started
killing civilians and shelling State buildings.
The regional offices of MANOA were evacuated from the eastern region. Local
human rights NGOs on the ground reported that thousands have been killed
and more people are crossing the borders seeking refuge in the neighbouring
countries.
This escalating violence calls for action, but it does not seem that MANOA has the
capacity for the proper response. What should the UN do?
48) Oli Brown and Alec Crawford, Rising Temperatures, Rising Tensions: Climate change and the risk of violent conflict in the Middle East (Winnipeg:
International Institute for Sustainable Development [IISD], 2009). Available from: <http://www.iisd.org/pdf/2009/rising_temps_middle_east.pdf>.
49) One of the priorities of the OHCHR is “Pursuing economic, social and cultural rights and combating inequalities and poverty, including in the context
of the economic, food and climate crises”. OHCHR Priorities for 2010–2011. Available from: <http://business.un.org/en/documents/9212>. See also:
OHCHR, “Human Rights and Climate Change”. Available from: <http://www2.ohchr.org/english/issues/climatechange/index.htm>.
33
Lesson Summary
The revolution of the UN Charter
The United Nations and its Charter are post-conflict creations. The inhuman and unacceptable effects of World
War II called for stronger commitments by the international community. The maintenance of peace and security and
the respect of human rights are two main purposes of the United Nations. The UN Charter provides measures to
tackle armed conflicts at different points. The focus is no longer on waging war with the proper conduct but to avoid
conflicts altogether.
Conflict and armed conflict
Conflicts deal with incompatible goals, and as such can be considered a natural aspect of humankind; armed
conflicts deals with political power and control of territory. It is always an organized military venture and implies
battle-related deaths, including civilians. There is nothing fatalistic or “natural” about armed conflicts.
The changing nature of armed conflicts and the impact on human rights
Starting in the nineties, new forms of armed conflicts emerged on the international scene. Generally, conflicts
are now more complex; international law is often bypassed, favouring impunity; brutal human rights violations are
committed; and civilians are the main victims.
Main characteristics of new conflicts
• Inter-State and intra-State;
• Different State and non-State actors taking part to the hostilities;
• Regional and international stability can be affected by internal conflicts;
• Internationalization of internal armed conflicts;
• Asymmetric warfare leading to illegal methods; and
• Civilians targeted by attacks.
Human rights as causes and solutions
Human rights issues are at the heart of conflicts. Conflicts are often rooted in social, political, economic, and
cultural inequalities. Human rights violations can cause the conflict in the first place, and the conflict exacerbates
the violence, provoking new human rights violations. Finally what emerges is a society, often a failed State, with
immense human rights needs.
34
UN activities to tackle armed conflicts
• Early warning;
• Conflict prevention;
• Peacemaking;
• Peacekeeping;
• Peace enforcement; and
• Peacebuilding.
The boundaries between these different dimensions are blurred. Peacekeeping also involves peacemaking,
peacebuilding, and the collecting of information in an attempt for early warnings.
What’s ideal vs. what’s possible
The ideal situation would be taking seriously early warning mechanisms and prompt response with measures
for conflict prevention, including preventive deployment of a human rights operation, moving rapidly to address the
causes and symptoms of conflict and enhancing deployment, institution building, and reforms in the country.
35
End-of-Lesson Quiz »
1. What is the main difference between 4. Which of the following statements

inter-State and intra-State armed regarding State and non-State actors
conflicts? involved in intra-State armed conflict is
true?
A. An inter-State armed conflict occurs between
two States, while an intra-State conflict A. Mercenaries, rebel groups, and national
occurs between opposing parties within a police are non-State actors
single State B. Regular armed forces are State actors while
B. An inter-State conflict is an international armed rebel groups are non-State actors
armed conflict, while an intra-State conflict C. Soldiers not on duty are non-State actors
is a non-international armed conflict D. The situation is far too complex to provide a
C. There is no real difference because the definition
reality of conflicts is very complex
5. In the case of asymmetric warfare, an
D. An inter-State armed conflict results in more
intra-State armed conflict can become
than 1,000 casualties per year, while an _____.
intra-State conflict results in 25 maximum
A. More perfidious and intractable
2. Civilians in an intra-State armed conflict: B. Less technological

C. Impossible to locate through satellites
A. Are all persons who are not members of
State armed forces or organized armed D. An inter-State armed conflict
groups of a party to the conflict; they

6. What would be ideal in ensuring
are entitled to protection only if they are
sustainable peace in a country?
carrying identity cards
A. Absence of discrimination, dignified living
B. Are military persons not taking a direct part
standards, access to justice, functioning
in hostilities
security and law enforcement
C. Are all persons who are not members of
B. Humanitarian assistance providing
State armed forces or organized armed
permanent food items
groups of a party to the conflict; they are
C. Peace enforcement and separation of ethnic
entitled to protection against direct attack
and religious groups
unless they take a direct part in hostilities
D. Military regime, prohibition of internet, equal
D. Receive less protection than civilians in
working hours for all
international armed conflicts
7. Diplomatic action to bring hostile and

3. Failed States are _____.
concerned parties to a negotiated
A. States with unsuccessful economic standards agreement relates to which UN activity?
not included in G8 meetings A. Conflict prevention
B. States which lost part of their territory due B. Peacemaking
to intra-State conflict
C. Peacebuilding
C. States characterized by collapse of
D. Peace warning
government structure, lack of official
authority, and non-functioning judiciary
D. States who return to conflict once
peacekeeping operations have left
Answer Key provided on the next page.
36
8. According to _____, the Security 11. Which of the following is a potential

Council can take actions “necessary to cause of the internationalization of an
maintain or restore international peace intra-State conflict?
and security. Such action may include
A. If a coalition of foreign States decides
demonstrations, blockade and other
to intervene militarily in support of a
operations by air, sea or land forces by
Members of the United Nations”. specific insurgent group fighting against an
established government
9. Chapter VI of the UN Charter B. If warring parties within a State recruit
A. Chapter VI and a half of the UN Charter fighters from different countries using the
Internet
B. Chapter VII of the UN Charter
C. If ongoing hostilities between two States
C. Chapter VIII of the UN Charter
provoke military intervention in favour of
10. Is it possible for a military coalition led opposing parties within a third State
by France, for example, to enforce peace D. Both A and C
without the consent of the parties to the
conflict?
A. No, it is not possible
B. Yes, but only if authorized by the Security
Council
C. No, the consent is necessary for
humanitarian purposes
D. Yes, but an authorization is required by the
UN or another regional organization
Answer Key »
1. A
2. C
3. C
4. B
5. A
6. A
7. B
8. C
9. B
10. D
37
LESSON United Nations Human
2 Rights Commitments and

Implementation Machinery
The United Nations

reform process, initiated
in 1997, is ongoing.
UN Photo # 136445 by Mark Garten.
Section 2.1 UN Reform and Human Rights • Be familiar with the key documents resulting from
UN reform in areas relevant to peace operations

Section 2.2 Human Rights Machinery:
and human rights.
How Does It Work?
• Understand how these documents are relevant to
human rights work in peace operations.
• Be familiar with the UN bodies and mechanisms
relevant to the protection and promotion of human
rights, including peace operations.
38
LESSON 2 | United Nations Human Rights Commitments and Implementation Machinery
UN soldier of the Kenyan Battalion playing with a Croatian child in a predominantly Serbian village near Knin. August 1992. UN Photo
#31362 by John Isaac.
Section 2.1 UN Reform and Human

Rights
The United Nations reform process, initiated in 1997, is
ongoing. The objectives are to enhance the relevance of the
UN system through increased effectiveness and coherence.
Placing human rights at the centre of programmes and
activities of the entire United Nations system was a consistent

focus of the UN reform agenda of former Secretary-General, at <https://www.peaceopstraining.org/
Kofi Annan. This focus has now been carried forward by the videos/137/lesson-2-united-nations-
human-rights-commitments-and-
present Secretary-General, Ban Ki-moon. In the area of peace
implementation-machinery/>.
and security, the reform aims to integrate human rights in all
related activities, support sustainable peace processes, build
long-term solutions, and enable the organization to respond
more effectively to conflict situations.
Below are some of the key UN documents pertaining to
the UN reform process, relevant to human rights and peace
operations.
39
Renewing the United Nations: A Programme for Reform (1997)
In 1997, the United Nations Secretary-General submitted to the General Assembly a report titled “Renewing the
United Nations: A Programme for Reform”. After 52 years of UN history, the main objective of this reform effort was
to fill the “sizeable gap” remaining “between aspiration and accomplishment”. The report states, “Massive human
rights violations continue to be committed and large numbers of people continue to be killed for no reason other than
their identity or beliefs.”1 It also contains a thematic overview of the main reform elements together with specific
actions and recommendations.
The report designates human rights as cutting across each of the four substantive fields of the UN Secretariat’s
work programme: peace and security, economic and social affairs, development cooperation, and humanitarian
affairs. The report identifies potential methods for better coordination among the Office of the High Commissioner for
Human Rights (OHCHR) and the UN bodies and committees relevant to the four UN substantive fields.2
The Brahimi Report (2000)
The Brahimi Report represents “a turning point in setting out a renewed vision for UN peacekeeping and putting
in motion major reforms to make peacekeeping faster, more capable and more effective”.3
The report is the result of the Panel on United Nations
Peace Operations. The panel was chaired by Lakhdar Brahimi,

A Purpose of the United
the former Foreign Minister of Algeria, who was tasked by the Nations »
Secretary-General to review the United Nations peace and
“To achieve international cooperation …
security activities and to present a clear set of specific, concrete,
in promoting and encouraging respect
and practical recommendations.
for human rights and for fundamental
Many factors demanded reform in peacekeeping: greater freedoms for all without distinctions of
responsibilities requiring more resources and faster deployment, race, sex, language or religion.”
unacceptable violations committed against civilian populations,
the changing nature of armed conflict, and the need for more –the Charter of the United Nations
personnel including civilian components. Dramatic failures Article 1(3)
of recent operations required the review of principles and
procedures for effective interventions.4
The Brahimi Report reaffirms the centrality of human rights within United Nations conflict prevention,
peacemaking, peacekeeping, and peacebuilding activities. The report fosters a mission’s team approach, including
police and human rights components, to strengthen the rule of law in countries hosting peace operations. It reiterates
the importance of monitoring activities, including the review of past abuses, and stresses the “critical” importance
of human rights components, including the training of other components on human rights issues and international
standards. The report also requires better support of, and coordination with, the OHCHR and calls for rigorous
integrated planning and analysis with the inclusion of human rights experts. Peace and ceasefire agreements should
also be consistent with human rights international standards.5
1) A/51/950, 1997.
2) Ibid.
3) DPKO/DFS, A New Partnership Agenda: Charting a New Horizon for UN Peacekeeping (New York: United Nations, 2009), 3. Available from: <https://
peacekeeping.un.org/sites/default/files/newhorizon_0.pdf>.
4) In 1999, two reports were published — one by the Secretary-General on the Fall of Srebrenica (the Srebrenica Report) and one by the Independent
Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda (the Carlsson Report).
5) A/55/305–S/2000/809.
40
Earlier Landmarks »
The World Conference on Human Rights held in Vienna in 1993 focused on the idea that
all human rights are universal, indivisible, interdependent, and interrelated, and stressed
the need for a greater human rights presence in United Nations field operations. (See: A/
CONF.157/23.)
In 1993, following a recommendation of the Vienna Conference, General Assembly resolution

48/141 created the post of High Commissioner for Human Rights, providing it with a solid
institutional basis to lead the United Nations’ mission in the domain of human rights.
(See: A/RES/48/141.)
The Beijing Platform of Action in 1995 represented a milestone for the human rights of
women and men. The objective of the Platform was the full realization of all human rights
and fundamental freedoms of all women, which is essential for the empowerment of women.
It recognized that equality between men and women must be operationalized in all field
activities and that peace is inextricably linked with equality between women and men.
» The Beijing Declaration and Platform for Action is available from: <www.un.org/
womenwatch/daw/beijing/pdf/BDPfA%20E.pdf>.
Memorandum of understanding between OHCHR and DPKO (1999 and 2000)
In 1999, the Department of Peacekeeping Operations (DPKO) and OHCHR signed a memorandum of understanding
(MOU) in an effort to increase “the effectiveness of United Nations peacekeeping and human rights activities” and
to “establish, institutionalize and maximize the mutual exchange of expertise, advice, information, training and
support, drawing upon their respective capacities and mandates”.6 After the release of the Brahimi Report, the MOU
was updated and signed in 2002.
The Millennium Declaration (2000)
In the Millennium Declaration (2000), Member States called for a global partnership for development to achieve
agreed goals in the areas of peace, security, disarmament, human rights, democracy, and good governance by 2015.
» The full text of the Millennium Declaration is available from: <www.un.org/millennium/

declaration/ares552e.htm>.
The Declaration formally recognizes that while freedom from want and fear is essential, it is not enough. All
human beings have the right to be treated with dignity and respect.
Strengthening of the United Nations: An Agenda for Further Change (2002)
No coherence and effectiveness of the UN system is possible without strengthening human rights-related action
at the country level.
6) Memorandum of Understanding between the office of the High Commissioner for Human Rights and the Department of Peacekeeping Operations
and Annex to the MOU, as qtd. in Bertrand G. Ramcharan, ed., Human Rights Protection in the Field (Leiden, The Netherlands: Brill Academic Publishers,
2006), 269–275.
41
The Secretary-General, under an “Action 2” recommendation contained in the Agenda for Further Change, asked
the High Commissioner for Human Rights to develop and implement a plan of action in cooperation with the United
Nations Development Group and the Executive Committee for Humanitarian Affairs.
The “Action 2” plan provides for the integration of human rights into the activities of UN Country Teams (UNCTs),
making human rights norms and principles a part of the analysis, programming, and implementation activities of
the UN country assistance frameworks. UN action at the country level is consistent with recommendations by treaty
bodies and UN-mandated rapporteurs and working groups.
In integrated peace operations, this “mainstreaming” of “At times, peacekeeping missions have
human rights into development activities and strategies of failed — sometimes dramatically so.
UNCTs is facilitated by heads of human rights components The inability or unwillingness of the
who, as field representatives of the High Commissioner for international community to respond in
Human Rights, are full members of the UNCT. Rwanda and Srebrenica revealed the limits
of UN operations. So too did the failure of
The UNCT is chaired by the UN Resident Coordinator
UN peacekeepers to contain violent attacks
who, in peacekeeping, also serves as the Humanitarian
in the Congo in the 1960s, Somalia in the
Coordinator and Deputy Special Representative of the
1990s and Sierra Leone in 2000.”
Secretary-General (DRSG) — practically a deputy chief of
mission with a humanitarian and development portfolio.7

–A New Partnership Agenda
Mandates are carried out in very close coordination with
the programmes of the UNCT, composed of the different UN
agencies on the ground. This means that the work of peace operations is very relevant for “Action 2” and vice versa.
With the end of the “Action 2” programme, in November 2009 the United Nations Development Group
(UNDG) established a follow up mechanism on human rights mainstreaming (UNDG-HRM), chaired by OHCHR to
continue strengthening system-wide coherence, collaboration, and support for Resident Coordinators and UNCTs in
mainstreaming human rights.8
A More Secure World: Our Shared Responsibility (2004)
The report, prepared by the High Level Panel on Threats, Challenges and Change, analyses the nature of new
international threats and ways to address them. The panel identifies the need for “a broader, more comprehensive
concept of collective security: one that tackles new and old threats and addresses the security concerns of all
States — rich and poor, weak and strong”.
The report stresses the indivisibility of security, economic development, and human freedom, and criticizes the
lack of will shown by the collective security institutions in responding to large-scale, gross human rights abuses and
genocide.
Incapacity to overcome the tension between the competing claims of sovereign inviolability and the right to
intervene is not justified. What is under discussion is not the “right to intervene” of any State, but the “responsibility
to protect” (R2P) of every State.
State and international responsibility to protect civilians from the effects of war and human rights abuses is a
normative challenge to the United Nations; and also an operational one requiring deploying considerable military
7) In peace operations, a DRSG can also be the UN Resident Coordinator and Humanitarian Coordinator in the mission area. Such is the case for several
missions including MINUSTAH, UNMIS, and UNAMA.
8) United Nations Development Group (UNDG), UNDG Meeting Decision Sheet (Draft Decision: Establishment of a dedicated UNDG mechanism on
human rights mainstreaming), 30 November 2009. Available from: <http://www.undg.org/index.cfm?P=1311&SO=DATE>.
42
capacity to stop a Government from killing its own civilians. By not taking action, States have sometimes acted in a
discriminatory manner.9
The report demonstrates a special concern for the use

Peacekeeping “defines activities
of sexual violence as a weapon of conflict and recommends
undertaken on the far side of conflict
providing human rights components of peacekeeping operations
to reassemble the foundations of peace
with explicit mandates and sufficient resources to investigate
and provide the tools for building on
and report on human rights violations against women.
those foundations something that is
The report also calls for a reform of the Commission on more than just the absence of war”.
Human Rights to enable a more credible process of standard
–The Brahimi Report
setting by States with demonstrated commitment to the
promotion and protection of human rights.
» The full text of A More Secure World is available from: <www.un.org/en/events/pastevents/a_

more_secure_world.shtml>.
In Larger Freedom: Towards Development, Security and Human Rights for All (2005)
This Secretary-General report stresses the continuum between the reform’s objectives and the original purposes
of the UN Charter:
“The notion of larger freedom encapsulates the idea that

development, security and human rights go hand in hand ... We
will not enjoy development without security, we will not enjoy
security without development, and we will not enjoy either
without respect for human rights.”10
» The full text of In Larger Freedom: Towards Security, Development and Human Rights for All is
available from: <www.un.org/en/events/pastevents/in_larger_freedom.shtml>.
Not only are development, security, and human rights imperative, they also reinforce each other. Poverty and
denial of human rights greatly increase the risk of instability and violence. Similarly, war and atrocities thwart
development.
Sustainable security must be based on the recognition that threats are interlinked; that development, security,
and human rights are interdependent; that no State can protect itself acting entirely alone; and that all States need
an equitable, efficient, and effective collective security system.
OHCHR Plan of Action (2005)
Requested by the Secretary-General in In Larger Freedom, the consequent Plan of Action presents the strategic
vision for the future direction of the Office of the High Commissioner for Human Rights. The Plan of Action places
emphasis on implementation gaps on the ground. There is need to improve knowledge, capacity, commitment, and
security. Both the protection from abuse and the empowerment of people to realize their rights are essential goals
of the OHCHR.
9) “We also ask the permanent members, in their individual capacities, to pledge themselves to refrain from the use of the veto in cases of genocide and
large-scale human rights abuses.” A More Secure World, 68, para. 256.
10) In Larger Freedom, Introduction, paras. 14 and 17.
43
From March 2008 onwards, approximately

389 families of internally displaced persons
have returned to Louboutigue, eastern
Chad, by their own means. Women
returnees are being interviewed by UN
and NGO representatives to find out the
underlying causes of returns. November
2008. UN Photo #354942 by Olivia Grey
Pritchard.
» The full text of the OHCHR Plan of Action is available from: <www2.ohchr.org/english/
planaction.pdf>.
The plan sets forth action points in five areas:
• Greater country engagement;
• An enhanced human rights leadership of the office;
• Closer partnerships with civil society and UN agencies;
• More synergy in the relationship between OHCHR and the various United Nations human rights bodies; and
• Strengthened management and planning for OHCHR.
“Peace Operations 2010” reform strategy (2005)
This reform strategy was a DPKO internal professionalization process aiming to improve performance in the
areas of personnel, doctrine, organization, partnership, and resources in peacekeeping.
The reform strategy also enhances strategic cooperation in a post-conflict context between UN peacekeeping
and the World Bank leading to a more concerted international effort to secure successes in the immediate post-
conflict phase, and to the reestablishment of State authority and institutions, including a functioning civil service and
a local administrative structure in countries such as Liberia, Haiti, and the DRC.
» The full text of the “Peace Operations 2010” Reform Strategy is available from: <https://
peacekeeping.un.org/sites/default/files/po2010.pdf>.
World Summit Outcome (2005)
At the World Summit in 2005, 191 UN Member States reinstated the responsibility of all States to protect
their own populations when faced with genocide, war crimes, ethnic cleansing, and crimes against humanity. Such
“responsibility to protect”, or “R2P”, obliges States to take action in a timely and decisive manner if a State is unable
or unwilling to protect their population from such crimes and atrocities.
The Outcome of the Summit also called upon relevant UN bodies for better support to African peacekeeping
capacities over the next 10 years, and approved the creation of a new Peacebuilding Commission. The Commission
is to be supported within the UN Secretariat by a Peacebuilding Support Office that will draw on the expertise of the
many different UN entities involved in peacebuilding.
44
Establishment of the Human Rights Council
The Council was created by the General Assembly in 2006 with the main purpose of addressing situations of
human rights violations.
The Human Rights Council is comprised of 47 members. It
replaces the former Commission on Human Rights and is responsible
for promoting and protecting all human rights, addressing human
rights violations, and promoting effective coordination and
mainstreaming of human rights within the UN system.11
Restructuring DPKO
In 2007, the General Assembly adopted resolution 61/279,
approving a programme by the Secretary-General on “Strengthening
the capacity of the United Nations to manage and sustain
peacekeeping operations”.
New structures were created within DPKO, such as Integrated
Operational Teams (IOTs), the Policy, Evaluation and Training

The 2005 World Summit opens. September
Division, and the Office of Rule of Law and Security Institutions 2005. UN Photo #88588 by Paulo Filgueiras.
(OROLSI).
The new offices and teams respectively coordinate with the Office of the High Commissioner for Human Rights
on operational liaison and guidance for field missions; development of human rights related policies, training, and
evaluation; and implementation of joint programmes on police support, legal monitoring, corrections, and security
sector reform.
Report of the Secretary-General on the Implementation of the Responsibility to Protect
On 30 January 2009, the Secretary-General issued a report on the implementation of the responsibility to
protect. Through this document, the Secretary-General reaffirmed provisions 138 and 139 of the World Summit
Outcome of 2005.
The Secretary General introduced “a three-pillar approach” to the responsibility to protect — responsibility of
the State, international assistance and capacity-building, and a timely and decisive response. All three pillars are
of equal importance, and “must be ready to be utilized at any point, as there is no set sequence for moving from
one to another, especially in a strategy of early and flexible response”. Actions for implementation are provided by
the Secretary-General’s report, which stresses that each of the pillars requires strong contribution from OHCHR and
human rights work in peace operations.12
A “timely and decisive response” can involve pacific measures under Chapter VI, collaboration with regional and
sub-regional organizations under Chapter VIII, and coercive measures under Chapter VII. The General Assembly
may also be involved through the framework established by “Uniting for Peace” resolution.13
11) For more information on the Human Rights Council, visit: <https://www.ohchr.org/en/hrbodies/hrc/pages/aboutcouncil.aspx>.
12) A/63/677.
13) Under the terms of the resolution, “if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary
responsibility for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the
peace, or act of aggression, the General Assembly shall consider the matter immediately with a view to making appropriate recommendations to
Members for collective measures, including in the case of a breach of the peace or act of aggression the use of armed force when necessary, to
maintain or restore international peace and security.” A/RES/377(V)(1950).
45
“Contrast the swiftness with which the United Nations responded to the attacks on 11
September 2001 with its actions when confronted with a far more deadly event: from April
to mid-July 1994, Rwanda experienced the equivalent of three 11 September 2001 attacks
every day for 100 days, all in a country whose population was one thirty-sixth that of the
United States. Two weeks into the genocide, the Security Council withdrew most of its
peacekeepers from the country. It took almost a month for United Nations officials to call it
a genocide and even longer for some Security Council members. When a new mission was
finally authorized for Rwanda, six weeks into the genocide, few States offered soldiers. The
mission deployed as the genocide ended. Similarly, throughout the deliberation of the High
Level Panel on Threats, Challenges and Change, we have been struck once again by the
glacial speed at which our institutions have responded to massive human rights violations in
Darfur, Sudan…”
–A More Secure World
A New Partnership Agenda: Charting a New Horizon for Peacekeeping (2009)
This “non-paper” builds on the Brahimi Report and the Secretary-General restructuring efforts and calls for a
renewed UN peacekeeping partnership “to set a new horizon — a set of achievable immediate, medium and long
term goals — to help configure UN peacekeeping to meet the challenges of today and tomorrow”.
All relevant UN actors, including those dealing with human rights, constitute the global partnership, which is
sustained by a fluid and constant dialogue with troop-contributing countries (TCCs) and police-contributing countries
(PCCs).
Identified areas in need of strengthening, including through human rights, are: system-wide conflict assessment,
implementation of POC mandates; and new and complex tasks, such as border control and judicial and security
sector reform.
» The full text of A New Partnership Agenda is available from: <https://peacekeeping.un.org/

sites/default/files/newhorizon_0.pdf>.
Section 2.2 The UN Human Rights Machinery: How Does It Work?

The UN Human Rights machinery comprises of institutions and mechanisms created by the UN Charter (“Charter-
based bodies”) and others established by human rights treaties (“Treaty-based bodies”).14
Charter-based bodies
»» Security Council
The Security Council is the UN body whose primary responsibility is to maintain peace and security. The legal
basis for its decisions on peacekeeping is outlined in Chapters VI and VII of the UN Charter. The Security Council
can establish peace operations with mandates focusing on the promotion and protection of human rights; authorize
commissions of inquiry to investigate allegations of severe human rights violations; and mandate international
14) More information on UN structure and organization can be found at: <https://www.un.org/en/about-un/index.html>. More information on human
rights charter-based and treaty-based bodies can be found at: <http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx>.
46
Other UN bodies SC GA (192 States) Secretariat
SG
Int'l
DPO
Peacebuilding
Tribunals
commission
ICTY
ICTR
Human Rights Council OHCHR
DPPA
Expert Advice
Special Procedures
Complaints Procedure
Treaty Bodies
CCPR, CESCR,
UPR
OCHA
ICC
UNODC
CERD, CEDAW,
CAT, CRC
etc.
Programmes and funds
UNICEF, UNDP, UNIFEM, UNV,
UNFPA, UNHCR, WFP
Regional human rights and security
Specialized Agencies
systems and mechanisms
WHO, ILO, World Bank Group
AU, EU, etc.
tribunals, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal
Tribunal for Rwanda (ICTR).
Under Chapter VIII, the Security Council can work with regional organizations and arrangements. Examples
of this include the hybrid UN–AU peacekeeping operation in Darfur (UNAMID), the alliance between the UN and
European Union (EU) in Chad and the Central African Republic (MINURCAT), and the UN and NATO arrangement in
Afghanistan (UNAMA).
»» General Assembly
The General Assembly consists of representatives from all UN Member States. It is the main deliberative organ
of the UN. Discussions within the General Assembly range from development to humanitarian concerns, from social
to human rights issues.
Chapter IV of the UN Charter lays down the composition and powers of the General Assembly related to making
recommendations and “assisting in the realisation of human rights”. Under the resolution “Uniting for Peace”, the
General Assembly is empowered to take collective action, as needed, when the Security Council is blocked as a result
of lack of unanimity among the Permanent Members. However, these pronouncements are only in the nature of
recommendations and are, hence, not legally binding like Security Council resolutions.
»» Secretary-General and Secretariat
The Secretariat includes a variety of departments and offices, such as the Office of the High Commissioner for
Human Rights (OHCHR), the Office for the Coordination of Humanitarian Affairs (OCHA), the Department of Peace
Operations (DPO), and the Department of Political and Peacebuilding Affairs (DPPA), whose work is essential to
human rights and peace operations.15
15) As part of organizational restructuring beginning 1 January 2019, the Department of Peacekeeping Operations (DPKO) became the Department of
Peace Operations (DPO), and the Department of Political Affairs (DPA) became the Department of Political and Peacebuilding Affairs (DPPA).
47
The Secretariat is headed by the Secretary-General who is the Chief Administrative Officer. The Secretary-
General is appointed by the General Assembly on the recommendation of the Security Council. The current UN
Secretary-General is Mr. Ban Ki-moon from South Korea.
Writing Exercise 3: Human Rights Focus »

Consider the following statement: “Placing human rights at the centre of
programmes and activities of the entire United Nations system has been a
consistent focus of the UN reform agenda of the Secretary-General’s office.”
Using key examples of UN commitments and implications, write about how you
feel this “consistent focus” has affected citizens in conflict areas.
»» Department of Peace Operations
DPO is headed by the Under-Secretary-General for Peace Operations (USG DPO) responsible for the executive
direction and administration of all peacekeeping operations.
The USG DPKO:
• Directs and controls UN peacekeeping operations;
• In coordination with OHCHR, develops policies and develops operational guidelines based on Security
Council resolutions related to human rights and peace operations; and
• Prepares reports from the Secretary-General to the Security Council on each peacekeeping operation,
integrating the information provided by human rights components and OHCHR.
DPO includes the Office of Military Affairs, the Police Division — which includes the Standing Police Capacity, the
DDR Section, the Security Sector Reform Team, the Criminal Law and Judicial Advisory Section, and other offices
providing support to their respective components in peace operations. Some of these offices work on human rights
issues directly. The Policy, Evaluation and Training Division develops policies, guidance, lesson learned, and training
material relevant to military, police, and civilian personnel of peace operations. On development of human rights
training for staff of peacekeeping operations, in line with the memorandum of understanding, DPO coordinates with,
and gets advice from, OHCHR with a view to including human rights standards. Recruitment of human rights staff,
starting with heads of human rights components of peace operations, also requires a strong cooperation between
these two partners.
»» Department of Political and Peacebuilding Affairs
The Department of Political and Peacebuilding Affairs (DPPA) plays a central role in the following efforts:
monitoring and assessing global political developments; advising the Secretary-General on actions that could
advance the cause of peace; providing support and guidance to UN peace envoys and political missions in the field;
and serving Member States directly through electoral assistance. In carrying out these and other core functions,
DPPA contributes to UN efforts worldwide that span the spectrum from conflict prevention to peacemaking to post-
conflict peacebuilding. The current USG for Political Affairs is B. Lynn Pascoe from the United States.16
16) More on information on the DPPA can be found at: <https://dppa.un.org/en>.
48
DPPA manages special political missions and peacebuilding support offices, most of which include a human
rights component and advisers, such as the United Nations Integrated Peacebuilding Office in the Central African
Republic (BINUCA), the UN Peacebuilding Office in Guinea-Bissau (UNOGBIS),the United Nations Office for West
Africa (UNOWA), the United Nations Integrated Peacebuilding Office in Sierra Leone (UNIPSIL), the United Nations
Political Office in Somalia (UNPOS), and the United Nations Assistance Mission for Iraq (UNAMI).
In several cases, political missions overseen by the Department of Political Affairs during the stage of peace
negotiations — following the signing of peace agreements — have been replaced by peacekeeping missions supervised
by DPO. In other instances, most recently in Sierra Leone, UN peacekeeping operations have given way to special
political missions overseeing peacebuilding activities.
»» Office of the High Commissioner for Human Rights
Based in Geneva and with offices in New York and in about 30 countries around the world, Office of the High
Commissioner for Human Rights (OHCHR) is part of the UN Secretariat and it is the UN’s “leading agency” dealing
with human rights in all of its facets. The High Commissioner for Human Rights, who has the rank of Under-Secretary-
General of the United Nations, heads OHCHR, and is tasked with coordinating the UN human rights programme.
The current High Commissioner is Navanethem “Navi” Pillay from South Africa. The post of High Commissioner
was established in December 1993 by a General Assembly resolution, in accordance with a recommendation contained
in the 1993 Vienna Declaration and Programme of Action. The resolution specifies that the High Commissioner
is the principal United Nations official responsible for United Nations human rights activities, and that the High
Commissioner performs his/her duties under the direction and authority of the Secretary-General.
Kang Kyung-wha of the Republic of Korea is the current Deputy High Commissioner for Human Rights.
OHCHR activities include development of policies and guidance for field protection, political negotiations for
human rights space, and research and development of training tools.
At the end of 2010, OHCHR supported 54 field presences.
OHCHR field presences fall into two categories: standalone OHCHR presences (comprising country/stand-alone
offices and regional offices) and collaborative arrangements (comprising human rights components of peace missions
with dual reporting lines to OHCHR and either DPO or DPPA, and human rights advisers placed in the Office of the
UN Resident Coordinator).
»» OHCHR and human rights components of UN peace missions
OHCHR supports human rights components of peace operations, providing expert advice, technical assistance,
functional support and, when needed, rapid response on human rights. Human rights components of peace missions
have a dual reporting line: one to the head of the peace mission and one to the High Commissioner.
Based on Security Council resolutions or other arrangements authorizing and defining peace operations, the
work of human rights components includes different functions and activities: gathering information and documenting,
investigating, and reporting on the human rights situation; ensuring that peace processes promote justice and
equity; preventing and redressing violations of human rights; building human rights capacities and institutions; and
mainstreaming human rights into all UN programmes and activities. Through its extra-budgetary resources, OHCHR
contributes to the funding of human rights technical cooperation activities of some of these missions, which are
mainly funded by the UN peacekeeping budget.
49
DEPARTMENTS OF POLITICAL AND PEACEBUILDING

AFFAIRS AND PEACE OPERATIONS
DEPARTMENT OF POLITICAL AND DEPARTMENT OF PEACE
PEACEBUILDING AFFAIRS OPERATIONS
Office of the Office of the

Under-Secretary-General Under-Secretary-General
(DPPA/OUSG) (DPO/OUSG)
Security Council Affairs REGIONAL & SHARED DOS Integrated Operational Team
Division
Office of Assistant
Integrated Assessment
Secretary-General for and Planning Unit
Middle East, Asia and the
Electoral Assistance Division
Pacific
Gender Unit
Policy and Mediation Middle East Division

Division
Asia Pacific Division
Division for Palestinian Office of Military Affairs

Rights
Office of Assistant
Secretary-General for Africa
Decolonization Unit
African Union Partnerships Office of Rule of Law
Team & Security Institutions
Peacebuilding Support Office Western Africa Division
Central and Southern Africa

Division
Office of the Assistant
Policy, Evaluation and
Secretary-General for
Northern Africa Division Training Division
Peacebuilding Support
Eastern Africa Division

Peacebuilding Commission
Branch
Office of Assistant
Office of Peacekeeping
Secretary-General of
Financing for Peacebuilding Strategic Partnerships
Europe, Central Asia and the
Branch Americas
Europe and Central Asia

Peacebuilding Strategy and Division
Partnerships Branch
Americas Division
Office of the Director for

Coordination and Shared
Services
DPPA - DPO Information Management Unit – Last updated: January 2019
Source: https://peacekeeping.un.org/sites/default/files/dppa-dpo-org-chart-2019.pdf
50
OHCHR MANAGEMENT PLAN 2014-2017 - WORKING FOR YOUR RIGHTS
OHCHR Organizational Chart
OHCHR ROLE IN PROMOTING AND PROTECTING HUMAN RIGHTS

15
Source: https://www.ohchr.org/_layouts/15/WopiFrame.aspx?sourcedoc=/Documents/AboutUs/OHCHR_orgchart_2014.
pdf&action=default&DefaultItemOpen=1
OHCHR desk officers from Geneva are the interface between field presences, HQs, and also relevant international
stakeholders. Depending on the kind of request of support coming from the field (training and methodology, legal
issues, treaty body recommendations, latest policies, funding, etc.), the OHCHR desk officers direct the inquiry to
the competent colleagues within the office. Specific focal points for guidance and training on human rights and peace
operations are appointed within the OHCHR field presences.
OHCHR also leads its own field operations. OHCHR offices can succeed peace operations (like in the case of
Cambodia), coexist with peace operations (Nepal), and be present in countries with stand-alone human rights
operations (Uganda).
In peace operations, chiefs of human rights components take the lead as “human rights advisers” of UN Resident
Coordinators (usually DSRSGs with humanitarian coordination portfolio) and UN Country Teams. They are, as such,
responsible for mainstreaming human rights in development and humanitarian activities.
»» Office for the Coordination of Humanitarian Affairs
The Office for the Coordination of Humanitarian Affairs (OCHA) is headed by the Emergency Relief Coordinator
(ERC). The ERC is responsible for all emergencies requiring United Nations humanitarian assistance. The ERC also
acts as the central focal point for governmental, intergovernmental, and also non-governmental relief activities.
OCHA’s mandate includes:
• To alleviate human suffering caused by disaster or conflict;
• To promote better preparedness for and, where possible, prevention of disasters; and
51
“At the end of 2010, there were 14 UN

peacekeeping, special political, and
peace-building support missions that
incorporated human rights promotion
and protection into their mandated
work, with dedicated human rights staff,
in Afghanistan, Burundi, the Central
African Republic, Côte d’Ivoire, Darfur
(Sudan), the Democratic Republic of
the Congo, Guinea-Bissau, Haiti, Iraq,
Liberia, Sierra Leone, Somalia, Sudan
and Timor-Leste.”
Navi Pillay, UN High Commissioner for Human Rights, participates in a
global conversation streamed live on Facebook, Twitter and UN Webcast,
to mark this year’s Human Rights Day (10 December). December 2011. –OHCHR Report 2010
UN Photo #497973 by Rick Bajornas.
• To ensure that those affected by disasters and conflicts find sustainable solutions to the challenges they
face.
OCHA develops important policies and training materials on civil-military coordination aspects. As such it
supports military peacekeepers of peace operations. Through the humanitarian coordinator/resident coordinator they
liaise both with the peace operations and the UNCT.
The current OCHA’s Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator is
Valerie Amos, from the United Kingdom.
»» Special Adviser to the Secretary-General on the Prevention of Genocide
The Special Adviser on the Prevention of Genocide, a post presently held by Francis M. Deng of Sudan, acts as a
catalyst to raise awareness of the causes and dynamics of genocide, to alert relevant actors where there is a risk of
genocide, and to advocate and mobilize for appropriate action.
»» Human Rights Council
The creation of the Human Rights Council is one of the most important changes in the human rights machinery.
Another important outcome of the 2005 World Summit was General Assembly resolution 60/251, adopted in March
2006, which replaced the Commission on Human Rights with the Human Rights Council, and made the Council
a subsidiary body of the General Assembly.17 The Human Rights Council has a higher status than the previous
Commission and consists of 47 Member States instead of the Commission’s 53. New standards for membership of
the Council include secret ballot elections determined by the majority vote of members of the General Assembly;
no possibility of immediate re-election after two consecutive terms; and voluntary pledges and commitments of
candidates to the promotion and protection of human rights. The Council meets more frequently than the Commission,
and can also hold special sessions at the request of one third of its membership.18
17) A/RES/60/251. Available from: <http://www2.ohchr.org/english/bodies/hrcouncil/docs/A.RES.60.251_En.pdf>.

18) OHCHR Strategic Management Plan 2007–2008.
52
Today, the Council is the most significant UN political forum for human rights. Resolutions adopted by the Human
Rights Council can be relevant for peace operations (e.g. the Council called on all parties that had not yet done so
to sign the Darfur Peace Agreement and to put an immediate end to the violations of human rights and international
humanitarian law).
»» Human Rights Council’s Special Procedures
“Special Procedures” are either individual “Special Rapporteurs”, “Special Representatives” and “Independent
Experts”, or “Working Groups” usually composed of five members, each representing one of the five regions. Special
Procedures are appointed by the Human Rights Council to examine, monitor, and publicly report on either human
rights situations in specific countries (country mandates), or on major phenomena of human rights violations
worldwide, such as torture, housing, and violence against women (thematic mandates).
Currently there are 31 country mandates and eight thematic mandates. Various activities are undertaken by
Special Procedures, including responding to individual complaints, conducting
studies, providing advice on technical cooperation at the country level, and engaging in general promotional
activities.
All Special Procedures report to the Human Rights Council on their findings and recommendations. They are
relevant early warning tools and are sometimes the only mechanisms that will alert the international community on
certain human rights issues.19
»» Universal Periodic Review
At the centre of the Human Rights Council is the Universal Periodic Review (UPR), a new mechanism by which
all States will be assessed with regard to the fulfilment of their human rights obligations and commitments. The
analyses and conclusions emerging from the UPR will be essential in designing strategies for capacity-building and
technical cooperation to countries by various partners.20
All UN Member States are required to submit periodically to the Human Rights Council sessions a 20-page
national report providing information on the level of State’s implementation of various human rights obligations and
commitments and also on related developments and challenges faced.
States prepare their reports in broad consultation with all national actors. In addition to the national report,
information related to the State’s compliance with international treaties and procedures is compiled by OHCHR —
with the help of human rights components in cases where the State is hosting a peace operation; NGOs, NHRIs,
human rights defenders, and civil society representatives also prepare a short report on the human rights situation
in the country concerned.21
»» Peacebuilding Commission
The Peacebuilding Commission assists in planning the transition between conflict and post-conflict peacebuilding;
in particular, it oversees and sustains the efforts of the international community in post-conflict peacebuilding over
whatever period may be necessary. For instance, authorized by the Security Council resolution and under a Strategic
Framework for Peacebuilding, the Peacebuilding Commission, with support from BINUB, assists the Government of
19) See: OHCHR Fact Sheet No. 27: Seventeen Frequently Asked Questions about United Nations Special Rapporteurs. Available from: <http://www.
ohchr.org/documents/publications/factsheet27en.pdf>.
20) OHCHR Strategic Management Plan 2007–2008.
21) For more on the UPR process, visit: <http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx>.
53
Burundi in laying the foundations of sustainable peace and security, reintegration, and long-term development. The
framework includes the strengthening of justice, promotion of human rights, reconciliation, and action to combat
impunity.
»» UN Specialized Agencies, Programmes, and Funds
The work of many other UN entities can
be related to human rights. Agencies and
programmes most present in areas of peace
operations include the United Nations High
Commissioner for Refugees (UNHCR), the United
Nations Development Programme (UNDP), the
United Nations Children Fund (UNICEF), the
World Food Programme (WFP), and the United
Nations for Population Fund. Other UN entities
that might also be present are the Food and
Agriculture Organization of the United Nations

(FAO); the United Nations Educational, Scientific A group of Afghan children living in poor urban settlements. United
Nations Human Settlements Programme (UN-HABITAT) sponsors a
and Cultural Organization (UNESCO); the United
project to rehabilitate the neighbourhood infrastructure (water supply,
Nations Development Fund for Women (UNIFEM); drains, and roads) and improved services (eco-toilets, solid waste
and the United Nations Human Settlements collection, etc). May 2006. UN Photo #138688 by Eskinder Debebe.
Programme (UN-HABITAT).
Human rights are also on the agenda of economic actors and financial institutions such as the World Bank Group
which, in coordination with OHCHR, supports the integration of human rights considerations into analytical and
operational work in relation to poverty reduction.
»» United Nations Volunteers
United Nations Volunteers (UNV) is a UN programme that contributes to peace and development through
volunteerism worldwide. UN volunteers can be very “experienced” volunteers and are involved in several areas,
including human rights. Volunteers are integrated in human rights components and take up human rights functions
like other professional colleagues. UNV is headquartered in Bonn, Germany, and is represented worldwide through
the offices of the United Nations Development Programme (UNDP).22
Treaty-based Bodies
There are nine core international human rights treaties. These are:
1. Human Rights Committee;
2. Committee on Economic, Social and Cultural Rights;
3. Committee on the Elimination of Racial Discrimination;
4. Committee on the Elimination of Discrimination against Women;
5. Committee against Torture;
6. Committee on the Rights of the Child;
22) Stories told by UNV human rights specialists can be found at: <www.unv.org/what-we-do/thematic-areas/human-rights.html>.
54
7. Committee on the Rights of Persons with Disabilities;
8. Committee on Migrant Workers; and
9. Committee on Enforced Disappearance.
Since the adoption of the Universal Declaration of Human Rights in 1948, all UN Member States have ratified
at least one core international human rights treaty, and 80 per cent have ratified four or more. Each of the human
rights treaties in force brings with it a distinct monitoring institution or committee that helps the States’ parties carry
out their respective treaty obligations. Each of these committees is comprised of independent experts who monitor
implementation of the treaty under which they are created and make recommendations to States’ parties. OHCHR
assists treaty bodies in harmonizing their working methods and reporting requirements through their secretariats.
All States’ parties are obliged to submit regular reports to the respective committees on how the rights under
each treaty are being implemented. The committees do not sit in judgement of the States’ parties but rather review
the reports of countries, examining how they are meeting their obligations and making recommendations for
improved implementation. This “constructive dialogue” takes place in public sessions and the questioning by the
treaty bodies is frank and open. The committees also publish their interpretation of the content of human rights
provisions, known as “general comments”.
General comments, recommendations, and observations by treaty bodies are very relevant to the work of the
peace operations. By adopting strategies towards development and taking into account gaps and concerns identified
by the committees, UN entities and peace missions enhance human rights and promote institutional coherence. At the
country level, Action 2 expects the UNCT to uphold and encourage implementation by the State of recommendations
provided by treaty bodies and special procedures.
New treaty bodies have been created in recent years. For example, the UN Subcommittee on Prevention of
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), established by the Optional Protocol
to the UN Convention against Torture (OPCAT), held its first session in early 2007. OPCAT created a system, at
the international and national levels, aimed at preventing torture and other forms of ill treatment in all places of
detention.
Some of the treaty bodies have individual complaints procedures allowing for the submission of complaints
alleging a violation by the States’ parties of rights protected by the treaty.
International Criminal Court
The International Criminal Court (ICC) is an independent treaty-based institution constituted by the Rome
Statute.
Although the ICC is independent and does not fall under the UN system per se, the Rome Statute recognizes
specific roles for the United Nations and the Security Council. Thus, the Security Council may refer to the Prosecutor
of the ICC, situations in which prosecutable crimes appear to have been committed. In addition, both the General
Assembly and the Security Council regularly discuss issues and themes relevant to the mandate and activities of the
ICC.
The Relationship Agreement, concluded on 4 October 2004 by the President of the Court and the Secretary-
General of the United Nations on behalf of their respective institutions, affirms the independence of the ICC while
establishing a framework for cooperation.
55
The ICC is different from the tribunals for former Yugoslavia and for Rwanda, inasmuch as the Security Council
created these tribunals with mandates limited to particular regions.
» The full text of the Rome Statute is available from: <http://untreaty.un.org/cod/icc/statute/

romefra.htm>.
Lesson Summary
How are the UN reforms relevant for human rights and peace operations?
• The promotion and protection of human rights is a cross-cutting responsibility of all UN components working
in the peace operation — civilian, police, and military;
• Human rights are central to all UN peace and security activities: conflict prevention, peacemaking,
peacekeeping, and peacebuilding;
• A new concept of security must be implemented based on the recognition that threats are interlinked, that
development, security, and human rights are mutually interdependent;
• Peace operations share, as appropriate, with UN country teams, the responsibility to implement Action 2;
• Peace operations include a civilian human rights component which is tasked with specific functions; and
• Equality between men and women is key in achieving peace in conflict situations.
Writing Exercise 4: Three Questions »

Consider the following items, and write a brief response for each (maximum two
paragraphs per item).
If you have access to the Internet, consider sharing your responses on the
Student Forum by logging into your Peace Operations Training Institute classroom
and clicking on the “Student Forum” link on the left-hand menu.
• Considering the mandate of “special procedures", what would the mandate

of a Special Rapporteur on adequate housing include?
• What is the UPR and how can a peace operation support the process?
• Why are recommendations of “Treaty Bodies” relevant for UN peacekeeping

components working with human rights issues?
56
Landmarks of human rights and peacekeeping
1945 UN Charter
1993 Vienna Human Rights Conference
1993 Creation of the Office of the High Commissioner for Human Rights
1995 Beijing Platform for Action
1997 Renewing the United Nations: A Programme for Reform
1999/2002 MOU between OHCHR and DPKO
2000 Brahimi Report
2000 Millennium Declaration
2002 An Agenda for Further Change
2004 A More Secure World: Our Shared Responsibility
2005 In Larger Freedom/OHCHR Plan of Action
2005 World Summit Outcome, R2P Commitment and Implementation
2006 Human Rights Council
2009 A New Partnership Agenda: Charting a New Horizon for Peacekeeping
Treaty-based bodies
• Human Rights Committee;
• Committee on Economic, Social and Cultural Rights;
• Committee on the Elimination of Racial Discrimination;
• Committee on the Elimination of Discrimination against Women;
• Committee against Torture;
• Committee on the Rights of the Child;
• Committee on the Rights of Persons with Disabilities;
• Committee on Migrant Workers; and
• Committee on Enforced Disappearance.
Charter-based bodies
• Security Council;
• General Assembly;
• Secretary-General and the Secretariat;
• Department of Peace Operations (DPO);
• Department of Political and Peacebuilding Affairs (DPPA);
• Office of the High Commissioner for Human Rights (OHCHR);
• Office for the Coordination of Humanitarian Affairs (OCHA);
• Human Rights Council; and
• Peacebuilding Commission.
57
1. What was the objective of the 1997 6. What is the UPR?

report, Renewing the United Nations: A
A. The Universal Periodic Review, which is
Programme for Reform?
a report submitted by each State to the
Human Rights Council showing the State’s
2. Human rights are cross-cutting issues
for peace and security, economic and level of human rights implementation
social affairs, development cooperation, B. A useful, computerized device that saves the
and humanitarian affairs. What does this data of all human rights officers
mean?
C. The Universal Public Report that each
member of the Human Rights Council must
3. Human rights sharpen issues with
submit every year to the NGO community for
unpredictable effects
review
A. Human rights are relevant to all four of those
D. The Universal Protection Responsibility
fields
which mandates robust intervention by the
B. Human rights take precedence over the
international community if a State fails to
other four fields because they are one of the
protect its own population
purposes of the Charter
C. A programme of exchange of personnel 7. What is the main difference between the
among related offices would benefit the Commission on Human Rights and the
reform process Human Rights Council?
4. The Brahimi Report observes that 8. The recommendations of the Commission

human rights components are “critical were not sufficiently binding, and the
to effective peace-building”. Which of Council’s recommendations are _____.
the following items provides a list of A. The Council operates under a different
effective peacebuilding activities?
system in electing its members, making it
A. Protect civilians under threat, escort women more representative and powerful
and girls to water points, and disarm child B. The Council is under the OHCHR, while the
soldiers Commission was under the Trusteeship
B. Establish a visible office to hold discussions Council
with non-State parties, engage in elaboration C. The Council is composed of States and NGO
of peace agreements, and meet the rebel members, and Commission was composed of
leader only NGOs
C. Strengthen the rule of law, train the military
and police, foster education, and investigate 9. Special Procedures are _____.
past abuses A. emergency plans for human rights protection
D. Invite the special rapporteur on adequate B. high-profile experts examining and reporting
housing to advise returnees on how to on human rights situations
rebuild communities in an eco-friendly C. periodic reports submitted by States to the
fashion Human Rights Council
D. good offices and public diplomacy activities
5. Could you briefly explain the concept of
“responsibility to protect”?
58
10. Why is OHCHR important for peace 12. What’s the difference between DPO and
operations? DPPA?
A. It works in collaboration with DPO, supports A. DPO administers “new horizon” forums, while
human rights components, and provides DPPA administers political negotiations
training material on human rights for military B. DPO has an MoU with the Human Rights
peacekeepers Council, while DPPA does not
B. It acts as a catalyst to raise awareness of C. DPO administers Chapter VII operations,
the causes and dynamics of genocide, to while DPPA administers Chapter VI
alert relevant actors when there is a risk of operations
genocide, and to advocate and mobilize for D. DPO controls UN peacekeeping operations,
appropriate action while DPPA manages special political
C. It signed a memorandum of understanding missions and peacebuilding support offices
with the Security Council under the
resolution Uniting for Peace
D. It has stand-alone operations and advisers in
several countries in crisis
11. UNICEF, UNDP, UNHCR, UNFPA, and WFP

are _____.
A. UN specialized agencies and programmes
working close to peace operations
B. UN specialized agencies, programmes, and
funds based in New York and Geneva that
provide support to UNCTs in the field
C. Part of the UN Secretariat and headed by the
Secretary-General
D. International NGOs working close to human
rights issues
Answer Key »
1. The main objective of the report was to fill the “sizable
gap” between “aspiration and accomplishment", which
alluded to the various human rights violations around
the world that the UN failed to stop
2. B
3. C
4. Each individual State has the responsibility to protect

its populations from genocide, war crimes, ethnic
cleansing and crimes against humanity
5. A
6. B
7. B
8. A
9. A
10. D
59
LESSON
International Human Rights
3 Law and Peace Operations
Human rights trainers

know that one of the most
frequently “answered”
questions in training
sessions involves the
definition of human rights.
UN Photo #256246 by Marco Dormino.
Section 3.1 Defining Human Rights • Fully understand the legal definition of human rights.
Section 3.2 Legal Framework Applicable to • Be familiar with the necessary standards of international
Peace Operations human rights law and international humanitarian law.
• Recognize how international legal standards apply to
peace operations.
60
LESSON 3 | International Human Rights Law and Peace Operations
Reproduction of the covers of the French, English, and Spanish editions of the discussion guide: “Our Rights as Human Beings”
published by the Department of Public Information in co-operation with the Education Section. January 1948. UN Photo #182921 by UN
Photo.
Section 3.1 Defining Human Rights

Human rights trainers know that one of the most
frequently “answered” questions in training sessions —
irrespective of who is in the audience: students, political
actors, or military or police officers — involves the definition
of human rights.
Human rights encompass important dimensions in our View a video introduction of this lesson
lives — ethical, legal, religious — and they are part of our at <https://www.peaceopstraining.
org/videos/145/lesson-3-international-
personal experiences, our past and present, our sorrows,
human-rights-law-and-peace-
regrets, and joys. Many of the situations in our own countries operations/>.
or that we hear or read about in other countries on the news
are related to human rights.
61
All our personal experiences and the information we absorb constitute building blocks for our own perspectives
and beliefs about human rights. They are important to our personal way of being and meaningful for our own survival.
Negative events can make us pessimistic about human rights. Inequality, discrimination, abuse of power,
violation of fundamental freedoms, and the impunity often granted to the primary violators, affect us in our deepest
sensibilities. Both direct victims as well as witnesses of human rights violations foster doubts about the purpose,
effectiveness, and efficacy of human rights.
Inequalities, however, exist in societies despite the presence of human rights standards. States display good
standards of human rights when these rights are not only recognized in theory and law, but are also respected,
protected, and fulfilled in practice.
A dignified life requires the protection of human rights. However, if the system is to work, the demand for one’s
rights must correspond with the duty to respect the rights of others. This reciprocal obligation forms the bedrock of
any civilized society whose ethos and institutional ethics are transcended by human rights.
In other words, a community in which individual dignity is respected and rights and responsibilities are protected,
helps and sustains positive interaction among its members.
Respecting the dignity of others
UN personnel deployed to other countries must remember that the local population has its own distinct and
unique characteristics. The population of a country is often comprised of different groups having their own laws,
customs and traditions, religious beliefs, languages, and material and intellectual properties.
This local population comes into contact with the peace operation and the huge group of international UN
personnel coming from different countries, cultures, and experiences. This “international” diversity meeting a
“national” diversity represents one of the most fascinating aspects of peacekeeping operations. Such interaction,
however, is extremely delicate since there is a massive imbalance between a UN operation with a solid structure and
many privileges on the one hand, and a population under distress and recently emerging from conflict on the other.
In such conditions, even innocuous opinions can be hurtful or disrespectful to the sensibilities of the local
population, fuelling hatred towards the peace operation. Our own beliefs can become impediments to our role as
peacekeepers. Our own experiences can push us to compare, to blame, and to insist on our positions. We can be
tempted to build stereotypes and prejudices. In the worst-case scenario, we can turn into exploiters of a situation of
extreme fragility.
It is important that we as UN personnel make universal human rights values and principles the key set of
standards for our decisions and efforts in the field.
Adhering to United Nations concepts
Peacekeeping operations support the hosting States’ capacity to meet their peace aspirations. UN personnel
are expected to respect the laws and customs of the host country and to ensure that international human rights
standards are respected, protected, and fulfilled. In cases of conflict between national law and international human
rights law (IHRL), however, the latter prevails.
Peacekeepers are required to operate in accordance with higher human rights standards and to harmonize their
knowledge and perceptions with concepts and definitions developed within the United Nations.
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“I believe human rights are both natural and legal entitlements. The fact that I am alive
makes me a human being with certain rights — and they are always with me. If I find
myself in a country where human rights law is non-existent, weak, or silenced, I am still
entitled to my human rights.”
–United Nations Volunteer

Voter Education Specialist
This does not mean replacing personal values with institutional ones. Instead, it means building upon good
peacekeeping experiences and enhancing uniformity in action.
Premises include:
• It would be misleading to construct a human rights framework for peacekeeping operations keeping a national
or individual perspective only. Modern human rights concepts and definitions are rooted in international
legal treaties, political agreements among States, and customary international law. Most States have been
greatly influenced by those developments when setting up their human rights apparatus;
• The United Nations is not only a States’ forum for political discussions but also a body that codifies international
law relating to human rights. Human rights concepts ensure consistency with those international norms
conceived by the community of States. This reduces the risk of unilateral conceptions; and
• By integrating human rights fully into all aspects of peace operations, as UN professionals, we are better
positioned to assess the strengths and the achievements of the peace operation.
“Human rights standards developed in the context of the United

Nations and with their universal character — provide a common
standard of achievement and conduct for all people serving in a
peace operation.”1
Human rights are evolving with new areas being defined and specific legal protection provided to fill gaps and to
better respond to contemporary needs.
The previously discussed UN reform efforts helped to establish interdependence between human rights and
security and development. Neither security nor development can be effective if human rights are not protected and
enhanced, and neither can be sustainable if not geared towards a more solid “human” perspective. Actors involved
in ensuring security and promoting development must uphold human rights in their actions. Security sector reform
and human rights approaches to development are key elements of peacekeeping’s more advanced phases. It is
imperative then that both uniformed and civilian personnel of peace operations master the concepts of human rights
protection and human rights sustainability.
The upholding of human rights in supporting key pillars of a country’s economy and stability encompasses a higher
level of responsibility. The international community must intervene if a State is unable or unwilling to guarantee the life
and dignity of its own citizens. States may still resist international interference and try to minimize abuses; however, it
is not possible to silence human rights. Individuals are rights holders worldwide, and individual perpetrators can now
be arrested and prosecuted by international judicial bodies.
1) DPKO, Core Pre-deployment Training Manual, “Applying Human Rights in Peace Operations”, Unit 3, Part 1.
63
A Portuguese soldier teaching

children in a classroom on the
grounds of Communication Unit in
Matola, Mozambique. 1 November
1994. UN Photo #184367 by
Pernaca Sudhakaran.
For the specific context of peacekeeping operations, we will look at the characteristics that define human rights,
which are relevant to the accomplishment of operational tasks and objectives.2
Defining human rights in peace operations
Human rights:
• Are universal legal guarantees based on international law;
• Protect individuals and, to some extent, groups;
• Protect civil, cultural, economic, political, and social rights, which are all interdependent and equally
important;
• Need to be protected and implemented to become effective in situations of conflict;
• Are applicable both in armed conflicts and stable environments;
• Oblige State actors and, to a certain extent, non-State actors; and
• Are interlinked with security and development.
Human rights are established in international law and are legally and internationally guaranteed. Human rights
can be claimed at national, civil, and military courts, police stations, and prisons. A State has to guarantee access to
judicial remedies when a violation of human rights occurs.
Human rights are universal; every person possesses them by virtue of being human. The universality of human
rights is highlighted in the UN Charter, which commits Member States to promote and encourage respect for human
rights and fundamental freedoms for all without distinction.3
Human rights are undergirded by the principle of non-discrimination which guarantees that every human being
is entitled to human rights irrespective of his/her race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status.
2) Inspired by: UN Peacekeeping PDT Standards, Core Pre-Deployment Training Materials, (First Edition), 2009, Unit 3, Part 1: International Legal
Standards, 20.
3) Henry J. Steiner, Philip Alston, and Ryan Goodman, International Human Rights in Context (Third Edition) (New York: Oxford University Press, 2007),
517.
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“Even if he can vote to choose his rulers, a young man with AIDS who cannot read or write
and lives on the brink of starvation is not truly free. Equally, even if she earns enough to
live, a woman who lives in the shadow of daily violence and has no say in how her country
is run is not truly free. Larger freedom implies that men and women everywhere have the
right to be governed by their own consent, under law, in a society where all individuals can,
without discrimination or retribution, speak, worship and associate freely. They must also
be free from want — so that the death sentences of extreme poverty and infectious disease
are lifted from their lives — and free from fear — so that their lives and livelihoods are
not ripped apart by violence and war. Indeed, all people have the right to security and to
development.”
–Kofi Annan
from In Larger Freedom, 1999
Human rights include civil, cultural, economic, political, and social rights, and they are all interdependent and
equally important. We cannot consider only some rights and neglect others. Thus, an effective realization of the
right to life as a civil right cannot be guaranteed unless the corresponding economic and social rights relating to
employment, adequate food, and health care are also guaranteed. Similarly, the right to freedom of work and the
right to employment as economic and social rights cannot be enjoyed unless the civil right not to perform forced or
compulsory labour is fulfilled. All human rights are interrelated, inalienable, interdependent, and indivisible.4
The mandate of a peacekeeping operation can prioritize specific human rights. Even then, however, the operation
needs to consider the wide spectrum of rights to solve problems in a sustainable way — for instance, supporting the
implementation of the right to health, and supporting victims of atrocities.
Human rights protect individuals and groups. There are international human rights treaties protecting all
individuals, and more specific ones devoted to different categories of individuals such as women, children, persons
with disabilities, victims, etc. Human rights also protect groups such as minorities and indigenous peoples struggling
to preserve a communal identity.
In a peace mission, the need to intervene to protect civilians and specific vulnerable groups is a priority. However,
it is not easy for these groups to present their claims to State authorities; local organizations and human rights
defenders advocating for victims and vulnerable groups also need to be protected.5
Because human rights are for all, peace operations must protect the human rights of the entire population of
a country, including State representatives and alleged perpetrators (i.e. the right to have a fair trial). Sometimes
neglect of soldiers’ and police officers’ social and economic rights can contribute to a conduct which violates human
rights.
Human rights are applicable both in armed conflict and in peaceful situations. Core human rights can never
be suspended during armed conflict or when states of emergency have been officially declared. (The concept of
“derogations” will be discussed later in this lesson.)
4) For more details on the concept of interrelation, interdependence, indivisibility, and inalienability of human rights, see “What are human rights?”.
Available from: <https://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx>. See also: Training Manual on Human Rights Monitoring,
Professional Training Series N. 7, OHCHR/UN 2001. The manual identifies the following characteristics of human rights: Focus on dignity of the human
being; Legally protected; Internationally guaranteed; Protect the individual and groups; Oblige States and State actors; Cannot be waived/taken away;
Equal and interdependent; and Universal.
5) A/RES/53/144. Available from: <https://undocs.org/a/res/53/144>.
65
To become effective, human rights need to be actively protected and implemented. In a post-conflict area where
institutions are often ineffective and self-support networks are missing, effective protection and implementation of
rights by the peace operation are crucial.
And there are situations — people caught by attacks, victims of rape seeking medical attention, children recruited
into combat — requiring immediate intervention. Mission capacity to recognize cases in need of immediate attention is
the key to preventing new incidents. Human rights are entitlements requiring practical actions to be fulfilled.
Human Rights Obligations of State and Non-State Actors
“While most human rights are perceived as individual rights

vis-à-vis the Government, human rights norms may also
apply to non-State actors (such as armed opposition groups,
corporations, international financial institutions and individuals
who perpetrate domestic violence).”6
Mercenaries and private security companies are other non-State actors often affecting human rights. Even
though in many cases the preventive role of the State remains key, legal tools have been developed to identify the
specific responsibilities of non-State actors, such as business sectors that operate in conflict zones.
Human rights go hand in hand with security and development. Human rights and development are fully viable
only in a safe environment. Responding to international threats to peace and security requires solutions for both
human rights and development.7
Section 3.2 Legal Framework Applicable to Peace Operations8
The UN Charter
The Charter of the United Nations, signed in San Francisco on 26 June 1945, is the foundational document for all
United Nations work. Maintaining peace and security and enhancing international cooperation through promotion of
human rights are among the main purposes of the United Nations.
The human rights provisions of the Charter are:
• Article 1: The Purposes of the United Nations are (3): To achieve international co-operation in solving
international problems of an economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion.
• Article 13(1): The General Assembly shall initiate studies and make recommendations for the purpose of (b)
promoting international co-operation in the economic, social, cultural, educational, and health fields, and
assisting in the realization of human rights and fundamental freedoms for all without distinction as to race,
sex, language, or religion.
6) OHCHR, Training Manual on Human Rights Monitoring (New York: United Nations, 2001), 8.
7) “Poverty and denial of human rights … increase the risk of instability and violence. Similarly, war and atrocities are far from the only reasons that
countries are trapped in poverty, but they undoubtedly set back development. Countries which are well governed and respect the human rights of
their citizens are better placed to avoid the horrors of conflict and to overcome obstacles to development.” In Larger Freedom: Development, Security
and Human Rights, 6.
8) OHCHR, Training Manual on Human Rights Monitoring, 29. See: Nigel D. White and Marco Odello, “The Legal Base for Human Rights Field Operations”,
in The Human Rights Field Operation, Michael O’Flaherty, ed. (Burlington, VT: Ashgate Publishing, Ltd., 2007), 47–68.
66
“International human rights law is an integral part of the normative framework for United
Nations peacekeeping operations. The Universal Declaration of Human Rights, which sets
the cornerstone of international human rights standards, emphasizes that human rights
and fundamental freedoms are universal and guaranteed to everybody. United Nations
peacekeeping operations should be conducted in full respect of human rights and should
seek to advance human rights through the implementation of their mandates.
“United Nations peacekeeping personnel — whether military, police or civilian — should act
in accordance with international human rights law and understand how the implementation
of their tasks intersects with human rights. Peacekeeping personnel should strive to ensure
that they do not become perpetrators of human rights abuses. They must be able to
recognize human rights violations or abuse, and be prepared to respond appropriately within
the limits of their mandate and their competence. United Nations peacekeeping personnel
should respect human rights in their dealings with colleagues and with the local population,
both in their public and in their private lives. Where they commit abuses, they should be
held accountable.”
–from United Nations Peacekeeping Operations Principles and Guidelines, 2008
• Article 55: With a view to the creation of conditions of stability and well-being which are necessary for
peaceful and friendly relations among nations based on respect for the principle of equal rights and self-
determination of peoples, the United Nations shall promote: (c): Universal respect for, and observance of,
human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
• Article 56: All Members pledge themselves to take joint and separate action in cooperation with the
Organization for the achievement of the purposes set forth in Article 55.
• Article 68: The Economic and Social Council shall set up commissions in economic and social fields and for
the promotion of human rights, and such other commissions as may be required for the performance of its
functions.
The human rights provisions contained in the Charter are of promotional and programmatic character and without
clear operational directions.9 However, Article 68 provides for further development of a definitional framework. In
1946, the Economic and Social Council (ECOSOC) established the Commission on Human Rights.10
On 10 December 1948, the Commission adopted a draft declaration which was adopted by the General Assembly
that year as the Universal Declaration of Human Rights (UDHR).11
9) “Perhaps because we now wish to, we tend to exaggerate what the Charter did for human rights. The Charter made the promotion of human rights a
purpose of the United Nations; perhaps without full appreciation of the extent of the penetration of Statehood that was involved, it thereby recognized
and established that relations between a State and its own inhabitants were a matter of international concern.” Henry J. Steiner, Philip Alston, and
Ryan Goodman, 119, 122.
10) The Commission included the representatives of the following countries: Australia, Belgium, Byelorussian Soviet Socialist Republic, Chile, China,
Cuba, Egypt, France, India, Iran, Lebanon, Panama, the Philippines, United Kingdom, United States, Soviet Union, Uruguay, and Yugoslavia.
11) Every year since then, 10 December is celebrated throughout the world as the “Human Rights Day”.
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“We know that human rights are essential to peace. Yet too many
people around the world still have their rights violated — especially
during and after armed conflict. That is why we must ensure that the
rights in the Declaration are a living reality — that they are known,
understood and enjoyed by everyone, everywhere. It is often those who
most need their human rights protected, who also need to be informed
that the Declaration exists — and that it exists for them.”
–Ban Ki-moon
21 September 2008
International Day of Peace
International Bill of Rights
“The Universal Declaration of Human Rights (UDHR) states a

common understanding of the peoples of the world concerning
the inalienable and inviolable rights of all members of the
human family and constitutes an obligation for the members of
the international community.”12
The UDHR represents the first comprehensive instrument on human rights agreed among States. With its 30
articles containing civil, cultural, economic, political, and social rights, it gives shape to the brief provisions of the
Charter.
The UDHR has been adopted by the General Assembly. Solemn authority is equally conferred by the binding
character of the UN Charter which provides the embryonic notions requiring further elaboration on human rights —
without the UDHR, however, the Charter’s provisions would seem empty and superficial. The moral and political
authority of the UDHR has therefore been widely accepted since its adoption. Constitutional provisions and court
decisions at national levels have been consistently inspired by the UDHR, attributing to this instrument the strength
of customary international law.13
The UDHR paved the way for a more binding instrument. The initial plan was to have a single convention including
all civil, cultural, economic, political, and social rights. However, partly because the ideological climate of the Cold
War polarized discussions and negotiations at the UN, a division of the provisions into two separate treaties resulted.
One contained the civil and political rights, supported by the industrialized countries, while the other contained the
cultural, economic, and social rights, supported by the communist/socialist blocs. The two international covenants —
the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social
and Cultural Rights (ICESCR) — were adopted in 1966 and came into force 10 years later. Despite the split genesis
of the two covenants, the essence and importance of the contents of these two treaties remain interrelated and
indivisible by definition.
12) A/CONF.32/41.
13) Vojin Dimitrijevic, “Customary Law as an Instrument for the Protection of Human Rights”, ISPI Working Papers. Available from: <http://www.
ispionline.it/it/documents/wp_7_2006.pdf>.
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The UDHR, ICCPR, and ICESCR, along with the Covenants’ optional protocols, comprise the International Bill of
Rights, the foundation of international human rights law.14
• Civil and political rights protect individuals’ “essential” entitlements such as life, mental and physical
integrity, personal liberty; they also ensure participation in the civil and political life of the State without
discrimination or oppression. This is very important when the peace operation accompanies the hosting
country through a transitional period leading to the election of a new government.
• Economic and social rights guarantee social and economic security and dignity, including “urgent” needs such
as food, shelter, and medical attention in war-torn situations. The State has to take measures to achieve the
full realization of these rights by maximum use of available resources (progressive realization). However, the
State also has a duty to take immediate action to refrain from any discrimination in relation to access, provide
basic minimum subsistence, and avoid retrogressive measures. This would include allocating resources in the
field of education, health, housing, food, training, and employment.
• Cultural rights assure the protection of the culture of individuals and groups, ensuring equality and non-
discrimination. Minorities, indigenous peoples, and members of specific ethnic and religious groups torn
apart by the conflict need support to remain cohesive and represented in the government policies.
The interdependency of human rights for many years remained only on paper. Until recently, civil and political
rights were the main focus of monitoring and reporting in situations of conflict. This was due, in part, to the grievous
nature and scale of the violations of civil and political rights in conflict situations and also, in part, due to the lack of
practical tools to assist officers to address economic, social, and cultural rights which bore the risk of overwhelming
officers by the very nature of the commitment.
14) See International Human Rights Law at: <http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx>. The International Bill of
Rights also include two Optional Protocols to the International Covenant on Civil and Political Rights and one Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights. The first Optional Protocol enables the Human Rights Committee, set up under that Covenant, to
receive and consider communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant. The Second
Optional Protocol aims at the abolition of the death penalty. Under its Article 1, no one within the jurisdiction of a State party to the Protocol may be
executed. An Optional Protocol to the International Covenant on Economic, Social and Cultural Rights was then adopted on 10 December 2008 which
provides the Committee competence to receive and consider communications. The Optional Protocol was opened for signature at a signing ceremony
in 2009.
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Due to a larger vision introduced by the UN reform process, which includes efforts to resolve crises with a
more sustainable perspective and address root causes of conflict, modern peace operations have a stronger role in
monitoring and enhancing social and economic rights as well as civil and political rights. Recent developments —
such as the adoption of an optional protocol to the ICESCR enabling individuals of a State party to the treaty to
submit complaints for their denied cultural, economic, and social rights, and the nomination of independent experts
monitoring such rights as the right to water and sanitation and cultural rights — also inform such positive processes.
Additionally, the integration of human rights in strategies and practices of all UN entities helps human rights offices
share responsibilities and prioritize efforts among other UN components and agencies present in the mission area
and working on economic and social issues.
Often the denial of cultural, economic, and social rights causes violations of civil and political rights. Torture
and illegal detentions occur in environments characterized by a general lack of education, food, employment and
job protection, and social security; undignified living standards; ignorance of health and hygiene requirements;
and excessively bureaucratic systems based on economic corruption. State actors doing the “dirty job” are often
themselves victims of such degradation, where wearing a uniform can be the only way out of poverty and oppression.
Of course such situations do not excuse any violation — all State institutions have very clear codes of conduct and
any illegal order should be disregarded — but it nevertheless confirms vigorously the interdependence of all rights.
Specialized Human Rights Treaties
In addition to the ICCPR and ICESCR, a number of specialized treaties were created within the United Nations
in the years following the UDHR. These focus on specific human rights areas or at-risk groups in need of special
protection.15 They establish fundamental principles and legal provisions designed to protect and promote those rights.
Some of the treaties relevant for peace operations include:
• Convention on the Prevention and Punishment of the Crime of Genocide;
• Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the
Optional Protocol (OPCAT);
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);
• Convention on the Rights of the Child (CRC);
• Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed
conflict;
• Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography;
• International Convention for the Protection of All Persons from Enforced Disappearance;
• International Convention on the Elimination of All forms of Racial Discrimination (ICERD);
• Convention relating to the Status of Refugees;
• Convention on the Rights of Persons with Disabilities (CRPD);
• United Nations Convention against Transnational Organized Crime; and
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
15) To access the universal human rights treaties, visit the OHCHR webpage: <http://www2.ohchr.org/english/law/index.htm#instruments>.
70
Sheij Aldine, a member of the Sudanese

Association for Disabled People, is shown on the
special motorbike provided by the organization
in El Fasher, North Darfur. Aldine also works for
the association, making crutches, wheelchairs
and special shoes for disabled persons.
2 November 2011. UN Photo #496913 by
Albert Gonzalez Farran.
UN human rights treaties expose the deeper dimensions of human rights issues. For example, in assessing the
“necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including
situations of armed conflict",16 the CRPD identifies both general issues of concern related to disability (justice,
health, education, employment), as well as specific issues (accessibility, ability to live independently, integration in
the community, personal mobility, respect of privacy). This is important for professionals working with the disabled
in peacekeeping areas, as it identifies issues and rights of persons with disabilities and the necessary State action
required to ensure realization of those rights. The paradigm shift precipitated by the CRPD has altered the perception
towards persons with disability from merely being passive members of a society in need of assistance, to rightful
claimants of specific legal rights. Consequently, this broadening of the scope of protection of persons with disabilities
has also led to challenges to stereotypes and prejudices in other fields.
Treaty provisions can add important elements to our thinking and make our strategies in the field more solid
and inclusive in order to reach those most vulnerable and marginalized in the society. New treaties always build on
previous ones and expand on relevant concepts.
Regional treaties
In addition to the UN system of human rights protection, human rights are also protected by regional systems
and treaties. These include the Council of Europe and the European Convention for the Protection of Human Rights
and Fundamental Freedoms (ECHR); the African system and the African Charter on Human and Peoples’ Rights
(ACHPR); and the American system and the American Convention on Human Rights (ACHR) and the Additional
Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights.
International operations deployed to specific regions may be mandated to protect certain regional instruments.
For instance, the joint United Nations-Organization of American States (OAS) International Civilian Mission in
Haiti (MICIVIH) was mandated to ensure respect for human rights as prescribed in the Haitian Constitution, the
International Covenant on Civil and Political Rights and the American Convention on Human Rights.17
16) Convention on the Rights of Persons with Disabilities, Art. 11.

17) Mandat de la MICIVIH, Objectifs.
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On the ratification of treaties, reservations, and obligations
Human rights treaties are developed within the United Nations by broad State representation. Each provision
is submitted to a lengthy process of negotiation, sometimes with positive effects — maximum inclusion of different
cultural perspectives — or negative effects — watered down concepts to the lowest common denominator to somehow
reach an agreement on issues, thereby resulting sometimes in a reduced impact.
By becoming a party to a treaty, a State agrees to certain responsibilities. Treaties bind a State party when the
State expresses its consent to be so bound by signature, exchange of instruments constituting a treaty, ratification,
acceptance, approval or accession, or by any other means if so agreed.18 A treaty may be signed to express consent
by the representative of the State. On the other hand, when consent is expressed only subject to ratification, the
treaty is required to be approved by the parliament of the concerned State.19 Ratification, like other acts of consent,
makes the international human rights norms guaranteed in the treaty legally effective vis-à-vis the State, and
obliges it to report to the international community on measures adopted to align its legislation, policy, and practice
with international standards. Compliance of States parties with obligations under human rights treaties is monitored
by groups of experts known as treaty bodies (as discussed in Lesson 2). Treaty bodies analyse States’ reports
and information submitted by other sources on the human rights situation and discuss with representatives of the
government in public sessions. Treaty bodies adopt and publish general comments or recommendations on the
provisions and obligations contained in the treaty. These documents constitute an important source for interpretation
of human rights treaties.
State reporting and recommendations by treaty bodies (the committees) can bring benefits including funding
from donors to help the country in establishing human rights national institutions and services. Peacekeeping
operations can also channel support to assist host countries in implementing their obligations to promote and to
protect human rights.
Signature: Signifies a State’s consent to be bound when the treaty provides that signatures
of representatives would be enough to express such consent.
Formal letter of ratification: Ratification signifies the act of formal approval of a treaty
by the parliament of a State. The letter of ratification is an instrument of notification of such
ratification, where after, a State is legally bound by the treaty.
Accession: Signifies the consent to be bound by a treaty in the case of a State which did
not take part in the initial negotiations of the treaty, but subsequently desires to express its
consent to be so bound.
Reservations: Official statements provided by the State at the moment of signing or

ratifying a treaty with the purpose of excluding or changing the effects of some of the legal
obligations derived from the treaty. Reservations are permitted to the extent that they
are not inconsistent with the goals and purposes of the treaty. A State may withdraw a
reservation either completely or partially at any time.
18) “The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance,
approval or accession, or by any other means if so agreed.” Vienna Convention on the Law of Treaties, Art. 11.
19) “Consent to be bound by a treaty expressed by ratification, acceptance or approval.” Vienna Convention on the Law of Treaties, Art. 14.
72
Each State party has human rights obligations. These obligations broadly include the duties to respect, protect
and fulfil human rights.20 States also have the duty to provide a remedy at the national level for human rights
violations (e.g. provide reparation for victims). States that have ratified or acceded to human rights instruments
must implement the human rights provisions specified in the treaty and refrain from violating them. Individuals living
in that country must be able to access the rights specified in the treaty and receive protection from the State against
anyone, a State actor or other individuals, who may attempt to deny such entitlements.
Writing Exercise 5: Before the Meeting »

A UN Police officer working in a peace operation has scheduled a meeting with an authority
of Country X to discuss an alleged case of religious discrimination against a woman.
Country X has ratified the International Covenant on Civil and Political Rights and acceded to
the Convention on the Elimination of All Forms of Discrimination Against Women.
What is the UN Police officer expected to do as part of his/her preparation for the interview
with the authority?
UN resolutions
There are binding and non-binding UN resolutions. Non-binding resolutions include those adopted by the UN
General Assembly and those adopted by the UN Security Council outside of Chapter VII of the UN Charter.
Even if not binding, these resolutions can provide guidance in the application of international principles and may
indicate the emergence of norms of customary international law. Some resolutions adopted by the General Assembly
attain the status of what is known as “soft law” and are important indicators of the opinion and practice of States.
For example, the General Assembly resolution passed at the conclusion of the World Summit of 2005 has been very
important in providing new directions in the area of responsibility to protect.
Binding resolutions are those adopted by the United Nations Security Council under Chapter VII of the UN
Charter.21 Many recent Security Council resolutions, including those that provide the mandate and authorization for
peacekeeping operations, are adopted under Chapter VII.
There are very important “thematic” resolutions that are directed to all States and very relevant for peace
operations. For example, Security Council resolution 1325 (2000) on women, peace, and security sets out a
policy framework for enhancing women empowerment. Objectives are not limited to attaining women’s rights but
encompass actions necessary to empower women actors by providing them with powers and rights to contribute to
the achievement of sustainable peace and security.
Other thematic resolutions include Security Council resolutions 1612 (2005) and 1674 (2006), on children and
armed conflict and on POC in armed conflict, respectively.
20) These obligations will be discussed in further detail in Lesson 4.

21) “The action required carrying out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all
the Members of the United Nations or by some of them, as the Security Council may determine. Such decisions shall be carried out by the Members of
the United Nations directly and through their action in the appropriate international agencies of which they are members”. The Charter of the United
Nations, Art. 48.
73
A Nimba County prison inmate looks through the window of a cell during a tour of the overcrowded
facility by Henrietta Mensa-Bonsu, DRSG for the United Nations Mission in Liberia (UNMIL) for Rule
of Law. 2 December 2008. UN Photo #234114 by Christopher Herwig.
Non-treaty human rights standards
Non-treaty human rights instruments are also applicable to peace operations. They complement treaties and
customary principles. They include Declarations, guiding principles, codes of conduct, and minimum rules. Although
these are not binding documents, they may carry significant moral or political weight. They are much more user-
friendly and definitely more “operational” than treaties. They are high-level technical documents adopted at United
Nations Experts Congresses and other forums and approved by the resolutions of UN bodies, such as the General
Assembly and ECOSOC.
They often represent real thematic compilations of legal standards and provide significant details on specific
issues related to specific human rights.
Some of the non-treaty instruments relevant to peace operations include:
• The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms Declaration on Human Rights
Defenders;
• The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities;
• The Declaration on the Elimination of Violence Against Women (CEDAW);
• The Guiding Principles on Internal Displacement;
• The Code of Conduct for Law Enforcement Officials;
• The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;
• The Standard Minimum Rules for the Treatment of Prisoners;
• The Basic Principles for the Treatment of Prisoners;
• The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
74
• The Standard Minimum Rules for the Administration of Juvenile Justice — Beijing Rules;
• The Rules for the Protection of Juveniles Deprived of their Liberty;
• The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power;
• The Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions;
• The Principles of the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; and
• The Declaration on the Rights of Indigenous Peoples.22
Examples of Non-treaty Instruments »

Internal Displacement
In 1998, the UN Representative of the Secretary-General on IDPs issued the Guiding

Principles on Internal Displacement. While the principles per se are not legally binding, they
draw on binding international humanitarian and human rights law.
Deprivation of Liberty
The prohibition is addressed in the International Covenant on Civil and Political Rights in
Article 10, paragraphs (1), (2) and (3); the Standard Minimum Rules for the Treatment
of Prisoners expand on the ICCPR provisions providing 95 comprehensive norms related
to good principles and practices in the treatment of prisoners and the management of
institutions.
Customary international law
Would a State’s refusal to ratify any human rights treaty make the intervention of a human rights field operation
less “legal”? Would the non-ratification of the Convention on the Prevention and Punishment of the Crime of Genocide,
for example, represent any major legal obstacle in authorizing peace enforcement action to stop genocide in that
country?
Such questions force us to search for principles and/or sources other than human rights treaties. We would even
be tempted to say that we do not really need a justification to intervene; in such circumstances, it would be immoral
to not deploy strong peacekeeping operations in attempt to stop the violations.
If the State hosting a peacekeeping operation has specific human rights treaty obligations, the operation will
have a wider margin for incisive advocacy and support. Written commitments are important. But what if the State
has no “black letter” hard law obligations?
Even if international human rights treaties are an important source of international law, they are not the only
ones. One of the sources of international law — which includes human rights law — is customary international law.
Unlike treaty law, customary law is not written. This does not make it less authoritative.
22) A Compilation of International treaty and non-treaty human rights instruments, the Declaration on the Rights of Indigenous Peoples, and the core
international human rights treaties are available from: <http://www.ohchr.org/EN/PublicationsResources/Pages/ReferenceMaterial.aspx>.
75
The two requirements for a rule to become part of customary international law are:
• Consistent State practice: general practice among States; and
• Opinio juris: the conviction of States that the consistent practice is required by a legal obligation.23
International law development is an evolving process. We do not have to go too far back in history to find
that most of the human rights violations that are currently under international scrutiny were hitherto considered
prerogatives of national sovereignty and hidden by the principle of non-interference in domestic affairs.
Human rights as intended in the modern sense is a relative newcomer to the political and constitutional life and
mentality of even the most “advanced” and “liberal” States. At the time of their drafting, the first United Nations
human rights declarations and instruments were revolutionary in comparison to the constitutions and practices of
many original Member States.24
The most important feature of customary international law is considered to be its ability to bind States which
have not consented to its rules. While an international treaty is binding only to its parties, each of whom have
expressed a clear will to be bound by its provisions, a rule of customary law does not need such consent and binds
all States without distinction, including those who have just emerged on the international scene.25
Certain principles of international law are considered so fundamental that they precede all other sources of
international law and apply to all States, irrespective of their wishes. These are termed as “jus cogens norms” —
those peremptory norms of international law from which no derogation is permitted.26 These rules constitute “super
customary law”. These norms include the prohibition of certain gross violations of human rights such as war crimes,27
crimes against humanity, genocide, apartheid, slavery, and torture. The hierarchical superiority of these jus cogens
norms in international law is enshrined in Article 53 of the 1969 Vienna Convention on the Law of Treaties, which
stipulates that any treaty which is in breach of jus cogens norms is void.
Customs may relate to established practices within specific cultural settings and/or traditional systems. These
can provide interesting tools for conflict resolution, such as in the case of land disputes or assessment of power
dynamics at the local level. However, they may also represent a challenge for the application of international human
rights standards, as in the case of rights of inheritance denied to widows.
Complementarity of international human rights law and international humanitarian law
The applicability of international human rights law (IHRL) during armed conflicts — both international and non-
international — has been addressed by multiple international bodies including the International Court of Justice.
The International Court of Justice first affirmed the applicability of international human rights law during armed
conflicts in its 1996 Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons: “The Court observes
that the protection of the International Covenant on Civil and Political Rights does not cease in times of war, except
23) “The general evolution of thinking in that respect has been in the direction of reducing the amount of time necessary for the formation of uniform
practice and the increase of the influence of opinio juris. In other words, since customary rules are determined mostly by persons interpreting law,
especially those acting as judges and teachers of law, their opinion on whether States have acted in the belief that they were bound to act in a certain
fashion is of enormous importance. This is also obvious in the understanding of the role of ‘judicial decisions and the teachings of the most highly
qualified publicists of the various nations as subsidiary means for the determination of rules of law’ referred to in the Statute of the International Court
of Justice.” Vojin Dimitrijevic, 5.
24) Vojin Dimitrijevic, 5.
25) Ibid., 6.
26) “A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present
Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same
character.” Vienna Convention on the Law of Treaties, Art. 53.
27) War crimes will be discussed in further detail later in this lesson.
76
by operation of Article 4 of the Covenant whereby certain provisions may be derogated from in a time of national
emergency.”28
The Human Rights Committee stated, “the Covenant applies also in situations of armed conflict to which the
rules of international humanitarian law are applicable. While, in respect of certain Covenant rights, more specific
rules of international humanitarian law may be specially relevant for the purposes of the interpretation of Covenant
rights, both spheres of law are complementary, not mutually exclusive.” The Human Rights Committee “seems to
indicate that there is no need to choose one branch of law over the other, but rather to look for their simultaneous
and harmonizing application”.29
The Right to Food »

Several human rights treaties and instruments recognize the right to adequate food. Some
examples:
• UDHR (Art. 25);
• ICESCR (Art. 11(1) and (2));
• CEDAW (Art. 12(2));
• CRC (Arts. 24(2)(c) and 27); and
• Standard Minimum Rules for the Treatment of Prisoners (Rule 20).
Interrelated and Interdependent: the full realization of the right to adequate food is
intertwined with the realization of other rights (including the rights to health and education).
For instance, research has shown that countries guaranteeing freedom of thought and
expression are less likely to experience famines, because of the pressure to act exercised on
the government by the existence of a free press.
International Customary Law: It may be argued that the right to adequate food, at least
in its basic form of the right to be free from hunger, is part of customary international law.
Indeed, in that basic form, the right to food is directly linked to the right to life, which is
one of the most widely recognized human rights. Moreover, international humanitarian law
provisions that are relevant for the right to freedom from hunger, such as the prohibition of
starvation of civilians as a method of warfare, are widely recognized as part of international
customary law.
–adapted from Lorenzo Cotula and Margret Vidar

The right to adequate food in emergencies, 2002
28) Geneva Academy of International Humanitarian Law and Human Rights, Rule of Law in Armed Conflict Project (RULAC). Available from: <http://www.
rulac.org/>.
29) Ibid. “The one of the Human Rights Committee is a complementary and harmonious approach which is different from the lex specialis approach
which tends to see humanitarian law prevailing over certain other general rules since it was specially designed to be applied in armed conflicts. A lex
specialis approach was used for example by the International Commission of Inquiry on Darfur leaded by Prof. Antonio Cassese: ‘Two main bodies
of law apply to the Sudan in the conflict in Darfur: international human rights law and international humanitarian law. The two are complementary.
For example, they both aim to protect human life and dignity, prohibit discrimination on various grounds, and protect against torture or other cruel,
inhuman and degrading treatment. They both seek to guarantee safeguards for persons subject to criminal justice proceedings, and to ensure basic
rights including those related to health, food and housing. They both include provisions for the protection of women and vulnerable groups, such as
children and displaced persons. The difference lies in that whilst human rights law protects the individual at all times, international humanitarian law
is the lex specialis which applies only in situations of armed conflict.’ “A third approach in the interpretive approach proposed by Prof. Marco Sassòli
according to whom the lex specialis paradigm does not necessarily result in humanitarian law prevailing over human rights law rather each situation
need to be analyzed individually in order to determine which rule applies.”
77
International Legal Framework Applicable in Armed Conflicts »

International Humanitarian Law Persons affected by the conflict
International Human Rights Law All human beings
International Refugee Law Refugees
International humanitarian law
International humanitarian law (IHL), like international human rights law, is a branch of international law. IHL
is comprised of international rules established by treaty or customary international law which protects persons and
property that are or may be affected by an armed conflict, such as civilians, prisoners of war, and civilian property.
IHL also comprises rules that limit the rights of the parties to a conflict to use only permissible means and methods
of warfare. The Hague Conventions of 1899 and 1907 were among the first formal statements of the laws of war and
war crimes. Subsequently, these rules have been extensively codified in the four Geneva Conventions of 1949 and
the two additional protocols. If development of IHRL has been mainly within the UN, IHL was mainly developed at the
initiative of the International Committee of the Red Cross (ICRC).
Most of the personnel involved in UN peacekeeping are UN military personnel often deployed to conflict areas
where they interact with various belligerents. Uniformed police units may be engaged as support to military
contingents in conflict-like scenarios.
Human rights officers investigate violations of international human rights and humanitarian law. Humanitarian
agencies negotiate passage of humanitarian aid with non-State actors. This to say that international humanitarian
law is relevant to peace operations. ICRC provides relevant training on IHL. Particularly, military peacekeepers may
find it useful to deepen their knowledge. Given the wide ratification of the Geneva Conventions, it is widely accepted
that the provisions of these treaties have acquired the status of customary international law.30
The Conventions are hence binding upon all States, irrespective of their ratification of the treaties.
The Geneva Conventions (1949) »

• First Geneva Convention protects the wounded and sick on land;
• Second Geneva Convention protects the wounded, sick, and shipwrecked at sea;
• Third Geneva Convention deals with the status and treatment of prisoners of war;
• Fourth Geneva Convention protects civilians in times of war.
The two additional protocols to the Geneva Conventions (1949) »

• Protocol I provides additional protection for victims of international armed conflict;
• Protocol II provides additional protection for victims of internal armed conflict.
30) “The great majority of the provisions of the Geneva Conventions, including common Article 3, are considered to be part of customary international
law. Furthermore, given that there are now 192 parties to the Geneva Conventions, they are binding on nearly all States as a matter of treaty law.”
International Review of the Red Cross, vol. 87, no. 857, March 2005, 187.
78
Through these six treaties, States wanted to ensure that both members of national armies and national civilian
populations would receive the maximum protection. This also explains the detailed provisions of the different
conventions covering different possible scenarios.
International humanitarian law applies both to international armed conflicts and to internal armed conflicts.
International humanitarian law is automatically applicable whenever a conflict breaks out, with no need for any
formal statement.
Most of the provisions of the 1949 Geneva Conventions apply to international armed conflict.
“Common Article 3” (“common” because it is identical in all the four Geneva Conventions, along with Additional
Protocol II) deals with intra-State conflicts. Common Article 3 applies to both government and non-government
forces. If two armed groups are fighting in the context of a failed State, Common Article 3 applies to both of them.
Common Article 3 »
»» Requires that persons taking no active part in hostilities (including
due to surrender, sickness, wounds, detention, and other causes) be
treated humanely in all circumstances;
»» Prohibits with respect to those persons the following acts in all

circumstances:
• UDHR (Art. 25);
• ICESCR (Art. 11[1] and [2]);
• CEDAW (Art. 12[2]);
• CRC (Arts. 24[2][c] and 27); and
• Standard Minimum Rules for the Treatment of Prisoners (Rule 20).
»» Requires that the wounded and sick be collected and cared for.
Additional Protocol II includes more requirements and limitations: The conflict must be between a State and
dissident or other organized armed group. The dissident or other organized armed group must also control a relevant
part of the territory of the State and be under “responsible command” and be able to carry out “sustained and
concerted military operations”.
IHRL and IHL: Degrees of applicability
International human rights law and international humanitarian law are both applicable during armed conflicts of
both international and internal character.
Human rights law applies in peace and war, including during such internal tensions and disturbances as riots,
isolated or sporadic acts of violence, and other acts of a similar nature which do not reach the level of armed conflict,
as well as natural disasters.
However, there are provisions in human rights law instruments which: (a) limit the scope of the protected
human rights; and (b) provide for suspension of, or derogation from, certain rights in times of public emergencies.
79
Civilians fleeing from the fighting sought shelter at the United Nations Organization Mission
in the Democratic Republic of the Congo (MONUC) headquarters in Bunia. UN vehicles in
white can be seen protecting the perimeter in upper left background. May 2004. UN Photo
#25755.
In some complex cases, elements of both internal and international armed conflicts can be combined, as in the
case of internal conflicts where the armed forces of one or more foreign States intervene. The Geneva Conventions,
Common Article 3, Additional Protocol II (if ratified), the provisions of Additional Protocol II that form part of customary
international law (even if not ratified), and all core human rights may be applicable on an ad hoc basis.
To know which law applies, it is first important to determine which situation we are facing.
In the case of non-international armed conflicts, things can be particularly difficult because that type of conflict
has to fulfil the criterion of minimum level of intensity (there is a protracted armed violence, and not only sporadic
armed violence) as well as the criterion of minimum level of organization (non-States parties to the conflict are
sufficiently organized to confront the State or each other with military means).
“These criteria, however, raise difficulties because often

Governments refuse to acknowledge that violence has reached
the level of a situation of ‘armed conflict’ on their territory, or the
existence of armed groups with a certain degree of organization
operating within their territory. These situations raise issues with
regard to the respect of applicable law, since the Government’s
denial of the existence of an internal armed conflict makes it
difficult to argue in favour of the application of international
humanitarian law as a complementary source for human rights
law, which remains applicable. In this respect, it has been
pointed out that under international humanitarian law, the legal
qualification of conflicts is based on facts and is independent of
political determination by the parties.”31
31) A/HRC/11/31.
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Limitations
Limitation clauses permit States lawfully to restrict the free exercise of human rights in order to protect public
health, public safety, and morals; to restore order; and to protect fundamental rights and freedoms of others.
Examples of such provisions are Article 29(2) of the UDHR and Articles 12(3), 18(3), 21 and 22(2) of the ICCPR.
The ICESCR contains a general limitation clause, whereby the States parties may subject the rights affirmed by
Article 4 of the Covenant “only to such limitations as are determined by law only in so far as this may be compatible
with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society”.
These requirements (determination by law, compatibility with the nature of the rights, and general welfare
purpose) condition and limit restrictions on economic, social, and cultural rights.
For example, a curfew imposed on the local population and on UN personnel in the context of a peace operation
will certainly affect the right to freedom of movement but will also ensure public safety by reducing risks of crime
and attacks during the curfew.
Derogations
Derogation clauses permit States to suspend some rights in narrowly determined situations, particularly
situations when a state of emergency is declared consistent with Article 4 of the International Covenant on Civil and
Political Rights (ICCPR).32
The ICESCR does not contain any explicit derogation clause. In its basic form, the right to freedom from hunger
is the right to food, which is directly related to the non-derogable right to life, and cannot be suspended even in
emergencies.
A state of emergency does not mean “unbridled freedom to act” for police and armed forces. There is instead
the need to ensure maximum protection and support for the population due to the exceptional restrictions in place
(schools may be closed; basic services like clinics, water points, and local markets difficult to reach; fields and cattle
left on their own with the risk of being stolen or perishing).
ICCPR, Article 4 »
1. In time of public emergency which threatens the life of the nation and the existence
of which is officially proclaimed … States Parties … may take measures derogating
from their obligations under the present Covenant to the extent strictly required by
the exigencies of the situation, provided that such measures are not inconsistent with
their other obligations under international law and do not involve discrimination solely
on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be
made ...
32) “The Court observes that the protection of the International Covenant on Civil and Political Rights does not cease in times of war, except by operation of
Article 4 of the Covenant whereby certain provisions may be derogated from in a time of national emergency.” International Court of Justice, Advisory
Opinion on the Legality of the Threat or Use of Nuclear Weapons, 1996, para. 25; “The Covenant applies also in situations of armed conflict to which the
rules of international humanitarian law are applicable. While in respect of certain Covenant rights, more specific rules of international humanitarian law
may be especially relevant for the purpose of the interpretation of the Covenant rights, both spheres of law are complementary, not mutually exclusive.”
E/CN.4/2006/120, 27/2/2006.
81
United Nations Mission in Haiti (MINUSTAH) peacekeepers fire tear gas to disperse demonstrations over high
food prices, outside the Haitian National Palace, to restore law and order to the streets. April 2008. UN Photo
#173405 by Logan Abassi.
Non-derogable human rights
There are core human rights that continue to apply even in situations of extreme emergencies. These include:
• Right to life;
• Freedom from torture;
• Freedom from slavery;
• Prohibition of imprisonment on the ground of inability to fulfil a contractual obligation;
• Prohibition of accusing someone for an act that was not set out as a criminal offence at the time the act
was committed, or be subject to a penalty heavier than the one applicable at the time the offence was
committed;
• Right to be recognized everywhere as a person before the law; and
• Right to freedom of thought, conscience, and religion.
War crimes
War crimes are acts prohibited in either international or internal armed conflict for which a person may be
individually held criminally responsible. The term includes both “grave breaches” of the Geneva Conventions of
1949 and of Protocol I of 1977 and other serious violations of the laws and customs of war, committed in either
international or non-international armed conflict.
A non-exhaustive list of such acts is found in the 1998 Rome Statute of the ICC. The Court has jurisdiction over
individuals for war crimes, crimes against humanity, and genocide committed after 1 July 2002, when the Rome
Statute came into force.
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»» The full text of the Rome Statute is available at: <http://legal.un.org/icc/statute/99_

corr/cstatute.htm>.
Under the Rome Statute, war crimes in internal armed conflict include:
• Murder, mutilation, cruel treatment, and torture;
• Taking of hostages;
• Denial of fair trial rights;
• Intentionally directing attacks against the civilian population or against individual civilians not taking a
direct part in the hostilities;
• Pillaging a town or place;
• Committing rape and other acts of sexual violence; and
• Ordering the displacement of the civilian population unless their security or imperative military reasons so
demand, etc.
Crimes against humanity
Crimes against humanity are prohibited acts committed in a widespread or systematic manner against a civilian
population during either war or peace. While the same factual situation may often give rise to both war crimes and
crimes against humanity, the major difference is the widespread or systematic nature of crimes against humanity of
which the individual act (e.g. torture) must be a part.
Under the Rome Statute, crimes against humanity include:
• Murder;
• Extermination;
• Enslavement;
• Deportation;
• Torture;
• Enforced disappearances; and
• Rape and other forms of sexual violence.
Genocide
Under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, “genocide” means any
of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious
group, such as:
• Killing members of the group;
• Causing serious bodily or mental harm to member of the group;
• Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part;
• Imposing measures intended to prevent births within the group; and
• Forcibly transferring children of the group to another group.
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It is the “responsibility of States to end impunity and to prosecute those responsible for genocide, crimes against
humanity and serious violations of international humanitarian law”. To this end, States have the “obligation … to
cooperate fully with the (International) Tribunals”.33
Genocide, crimes against humanity, and war crimes can be prosecuted by any State on the basis of universal
jurisdiction. Individuals are punishable under international law not only for committing genocide, but also for
conspiring to commit genocide, directly and publicly inciting to commit genocide, attempting to commit genocide,
and for complicity in genocide.
Writing Exercise 6: Which Law is Applicable? »

Rebel movement K attacked several villages on the outskirts of the second main town
of Country X, hosting a peace operation. Rebels shelled houses, wells, and cattle farms.
Mission early warning mechanisms managed to inform the villagers in advance of the
arrival of the fighters and most of them had fled in the direction of town with some of their
belongings. Others, including elders and farmers who refused to leave their properties, were
caught in the attacks. Many of them perished.
Peacekeepers backed by a robust mandate intervened in the village, shooting in the

direction of the rebel positions. Some rebels were killed; others surrendered to the UN
forces.
Meanwhile in town, sympathizers of the rebel movement began a riot to protest the
peacekeeping mission accused of supporting the government. Some of the protesters
launched stones against the displaced villagers who had found shelter in a local school made
available by humanitarian agencies. Displaced children and women were killed in the school
yard hit by the stones.
National police forces responded by immediately opening fire against the crowd of
protesters. At least 100 were killed and 300 were arrested and tortured. “The war came to
town and these are rebels in civilian clothes”, said the police commissioner.
What is the applicable international law for the above scenario, and why?
Lesson Summary
Characteristics of human rights in peacekeeping contexts
• Universal legal guarantees grounded in international law;
• Protect individuals and, to some extent, groups;
• Civil, cultural, economic, political, and social rights are interdependent and equally important;
• Need to be protected and implemented to become effective;
• Applicable both in armed conflicts and situations of civil unrest;
• Oblige State and, to certain extent, non-State actors; and
• Human rights and security and development are interlinked and mutually reinforcing.
33) S/RES/1265, 1999.
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International Bill of Human Rights
The International Bill of Human Rights is comprised of the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and
Cultural Rights (ICESCR).
International human rights treaties
The Convention for the Elimination of Discrimination Against Women (CEDAW), Convention Against Torture (CAT),
Convention on the Rights of the Child (CRC), first Optional Protocol to the Convention on the Rights of the Child (OP
CRC I), second Optional Protocol to the Convention on the Rights to the Child (OP CRCII), Convention on the Rights
of Persons with Disabilities (CRPD), and the Conventions against genocide, enforced disappearance, transnational
organized crime, and human trafficking.
Regional human rights treaties
The European Convention for the Protection of Human Rights and Fundamental Freedoms, the African Charter
on Human and Peoples’ Rights, and the American Convention on Human Rights.
UN resolutions
Adopted by General Assembly and Security Council. Security Council resolutions authorize all peacekeeping
mandates.
Examples of thematic resolutions:
• SCR1325 (2000) on women, peace and security;
• SCR1612 (2005) on children and armed conflict; and
• SCR1674 (2006) on POC in armed conflicts.
Customary international law
Requires consistent State practice and the conviction of States that the consistent practice is required by a legal
obligation. War crimes, crimes against humanity, genocide, apartheid, slavery, and torture can never be permitted.
Non-treaty law instruments
Declarations, recommendations, guiding principles, codes of conduct, minimum rules.
IHL
Four Geneva Conventions and additional protocols: Protection of persons and civilian properties in armed conflict.
Limitations and derogations of human rights provisions
Allowed for limited time only under exceptional circumstances to safeguard public safety and morals, such as
when a State of Emergency is declared.
85
1. Why is it important to harmonize 6. The Standard Minimum Rules for the

personal knowledge and perceptions Treatment of Prisoners state, “corporal
of human rights with the concepts and punishment, punishment by being
definitions developed within the United placed in a dark cell, as well as all cruel,
Nations? inhuman, or degrading punishments,
shall be completely prohibited as
2. Human rights are universal entitlements. punishments for disciplinary offences”.
This means that _____. Are Country X’s prison officers expected
to comply?
A. they cannot be violated in international
A. It is left to their moral decision. The
conflicts
Minimum Rules are a non-treaty law
B. they can be claimed on foreign soil or in
instrument, and as such not binding on
peace operations
States
C. every person possesses them by virtue of
B. Only if Country X has ratified the
being human
International Covenant on Civil and Political
D. they protect groups worldwide
Rights
3. Which human rights are interdependent C. Yes, this is a norm of customary international
and equally important? law and a core human right and as such is
A. Rights to periodic holidays, education, peace, binding in all situations
and free internet D. Yes, the rules provide a guidance for the
B. Human rights, development and security officers daily work
C. Right to be free from want, fear, torture, and

7. Common Article 3 is applicable _____.
duties
A. in internal and international armed conflicts
D. Civil, cultural, economic, political, and social
and disturbances if a state of emergency has
4. What do we mean by the statement been declared
that the Universal Declaration of Human B. in internal armed conflicts both to
Rights has acquired the status of government forces and rebel groups
customary international law?
C. if the State has not ratified any of the four
Geneva conventions
5. Country X has acceded to the Convention
on the Rights of Persons with D. only if each of the warring parties has
Disabilities. This means that _____. ratified all four Geneva Conventions
A. Country X is welcoming the spirit and

8. Human rights can be limited _____.
purpose of the convention but it is not
A. to restrict the free exercise of human rights
completely bound to it yet
in order to protect public health, public
B. Country X is now bound by the convention
safety, and morals
C. Country X has some time to verify its
B. to declare states of emergency
implementation capacity and to prepare
C. to expand rights of law and order personnel
reservations if so wished
D. solely for the purpose of promoting the
D. a letter of ratification is needed
general welfare in the State
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9. Which of the items below best defines 10. Human rights law is applicable together
“war crimes”? with international humanitarian law
_____.
A. Grave breaches of the Geneva Conventions
and other serious violations of the laws A. in inter-State and intra-State armed conflicts
and customs of war, committed in either B. in internal disturbances and intra-State

international or non-international armed armed conflicts
conflict C. in cases of states of emergency and violent
B. Threats to the peace, breaches of the peace, riots
and acts of aggression D. in intra-State conflicts (Article 3 and
C. Conflict brutal acts committed by members permissible derogations)
of the armed forces against military
opponents
D. Grave breaches of the Geneva and Hague
Conventions committed in international
conflicts
Answer Key »
1. It would be misleading to construct a
human rights framework for peacekeeping
operations keeping a national or individual
perspective only. Also, harmonizing
one’s perceptions with UN concepts and
definitions would better position the
peacekeeper to assess the strengths and
achievements of his/her peace operation
2. C
3. D
4. It is legally binding as a jus cogens norm
5. B
6. C
7. D
8. A
9. A
10. A
87
LESSON
Measuring the Human Rights
4 Implementation of Host States
States are sovereign

entities of international law
that bear responsibilities.
UN Photo #425613 by Sophia Paris.
Section 4.1 State Obligations • Understand the nature of States’ human rights
obligations.
Section 4.2 The Progressive and Immediate
Application of Human Rights • Know the conditions for immediate implementation
and progressive realization of human rights by States.

Section 4.3 The Responsibility to Measure
• Understand how peacekeeping operations can help
Section 4.4 Peace Operations and Illegal
States measurably increase the respect for human
Exploitation of Natural
rights law.
Resources
88
LESSON 4 | Measuring the Human Rights Implementation of Host States
A view of the graduation ceremony for 493 newly trained police officers, former Sudan People’s Liberation Army soldiers, trained with
the assistance of the United Nations Mission in Sudan (UNMIS). The graduating class included 69 women. November 2006. UN Photo
#133502 by Tim McKulka.
Section 4.1 State Obligations
States are sovereign entities of international law that
bear responsibilities. Sovereignty entails:
“enduring obligations towards one’s

people, as well as certain international
privileges. The State, by fulfilling View a video introduction of this lesson
fundamental protection obligations and at <https://www.peaceopstraining.org/
videos/162/lesson-4-measuring-the-
respecting core human rights, would have
human-rights-implementation-of-host-
far less reason to be concerned about states/>.
unwelcome intervention from abroad ...
Neither concerns about sovereignty
nor the understanding that sovereignty
implies responsibility are confined to one
part of the world.”1
1) The concept of “sovereignty as responsibility” was brought to the attention

of the international community by Francis Deng, current UN Special Adviser
on the Prevention of Genocide. A/63/677.
89
The responsibility for human rights protection and promotion is first and foremost a government responsibility.
Oversight mechanisms, national institutions, parliamentary committees with a mandate for human rights are all
relevant and important bodies necessary to supervise and advise States’ strategies. Protection does not need
additional structures; a State protects human rights effectively simply by ensuring that its officials perform their
functions with respect to laws and without discrimination.
Governments show they are responsible rulers when they see to it that human rights are protected, respected, and
fulfilled, which results in the enhancement of dignity and freedom.2
• Respect: The obligation to respect requires States to refrain from interfering directly or indirectly with the
concerned rights.
• Protect: The obligation to protect requires States to prevent third parties from interfering with the
concerned rights.
• Fulfil: The obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary,
judicial, promotional, and other measures to fully realize the concerned rights.
Let us take the example of the right to health. What actions should the State carry out to meet its obligations with
regard to the right to health?
In order to respect the right to health, States must:
“refrain from denying or limiting access to health-care services;

from marketing unsafe drugs; from imposing discriminatory
practices relating to women’s health status and needs;
from limiting access to contraceptives and other means of
maintaining sexual and reproductive health; from withholding,
censoring or misrepresenting health information; and from
infringing on the right to privacy (e.g., of persons living with
HIV/AIDS).”3
In order to protect the right to health, States must:
“adopt legislation or other measures to ensure that private

actors conform with human rights standards when providing
health care or other services (such as regulating the
composition of food products); control the marketing of medical
equipment and medicines by private actors; ensure that
privatization does not constitute a threat to the availability,
accessibility, acceptability and quality of health-care facilities,
goods and services; protect individuals from acts by third
parties that may be harmful to their right to health — e.g.,
prevent women from undergoing harmful traditional practices
or third parties from coercing them to do so (by, for example,
enacting laws that specifically prohibit female genital
2) See the OHCHR definition of protection. The OHCHR Plan of Action: Protection and Empowerment, 2005. Available from: <http://www2.ohchr.org/
english/planaction.pdf>.
3) OHCHR/WHO, Right to Health, Fact Sheet No. 31, 25–27. Available from: <http://www.ohchr.org/EN/PublicationsResources/Pages/FactSheets.aspx>.
90
mutilation); ensure that third parties do not limit people’s

access to health related information and services, including
environmental health; and ensure that health professionals
provide care to persons with disabilities with their free and
informed consent.”4
In order to fulfil the right to health, States must:
“for instance, adopt a national health policy or a national

health plan covering the public and private sectors; ensure
the provision of health care, including immunization programs
against infectious diseases and services designed to minimize
and prevent further disabilities; ensure equal access for all
to the underlying determinants of health, such as safe and
nutritious food, sanitation and clean water; ensure that public
health infrastructures provide for sexual and reproductive
services and that doctors and other medical staff are sufficient
and properly trained; and provide information and counseling
on health-related issues, such as HIV/AIDS, domestic violence
or the abuse of alcohol, drugs and other harmful substances.”5
Supporting the implementation of human rights by the host State
When a State is unable to fully carry out its human rights obligations, it can ask for support from — depending
on the nature of the problems it is facing — regional or international organizations mandated to protect and promote
all or specific human rights globally.
Within the UN system, for example, OHCHR has an overall mandate to develop and advise on programmes for
all civil, cultural, economic, political, and social rights. The UN High Commissioner for Refugees (UNHCR), the UN
Children’s Fund (UNICEF), the UN Population Fund, and other agencies and programmes have thematic mandates
focusing on specific human rights or human rights issues. Getting assistance through international cooperation in
view of realizing fully economic, social, and cultural rights is also very important, particularly for those States lacking
sufficient resources.
When it comes to human rights, supporting distressed States does not require waiting for invitations. The
inability of a State to comply with its obligations will result in human rights violations and human suffering. If these
violations are systematic or lead to a humanitarian crisis of vast proportion, they can become a threat to international
peace and security. These are all serious concerns for the international community.
The Secretary-General, the Security Council, UN agencies, and the humanitarian community all have strong
monitoring capacities. The whole idea of “early warning” should be reflected by the determination of the international
community to step in to alert the State of its responsibilities as soon as information is received that confirm that
violations of human rights in a specific context are on the rise. The UN should call for immediate action to prevent
a worsening situation. If the State is challenged by a conflict or a large-scale crisis, there may exist conditions for
deployment of a peace operation, with the consent of the State concerned.
4) Ibid.
5) Ibid.
91
Traditionally, peacekeeping missions have been deployed following a peace agreement between the parties to
the conflict, with UN military observers, police, and civilian staff supervising the truce. Modern peace operations are
more complex and their mandates include wider tasks not limited to observation and supervision, but rather solid
support to all State functions.
Peace agreements, which are binding instruments, are key for setting obligations for the parties to the conflict,
including those related to international human rights law. The higher the level of integration of human rights in peace
agreements, the higher the capacity of the peace operation to make its achievements more sustainable.
There have been situations, like in Timor-Leste and Kosovo, when the UN has provided transitional administrations
to replace State functions. Implementation of an interim government by the UN, however, remains quite exceptional.
Current peace operations support States’ functions, but States hosting peace operations remain primarily responsible
for the protection of human rights on their territories. Such support, however, if not complemented by sufficient
safeguards, risks being too unidirectional. States may take advantage of the international presence and ignore their
responsibilities.
States coming out of conflicts or facing large-scale crises often do not do enough to protect their own populations.
Urgent needs and problems are often addressed superficially and too little attention is given to the protection of
victims. Accountability is often avoided due to lack of supervision or professionalism. Corruptive attitudes are also
common. Rigorous follow-up or action taken to prevent violations from repeating is hardly observed.
In the transitional period following a conflict, governments tend to focus more on the reorganization of the
political structure at the central level (in view of elections) rather than undertaking efforts to understand the causes
and find solutions to the suffering at the grass-roots level in the country. As a result, most of the attention, including
by the peace operation, tends to be on the capital. If constant interaction between the mission and the national
centres of power is key, there is always the risk of distributing support efforts unequally. The peace operation
should instead, from the outset, constitute the link between the different parts of the country. Solutions for health,
education, and housing always reach remote areas very late in the course of a peace operation.
State implementation of obligations in situations of conflict and post-conflict
Situations of conflict and immediate post-conflict are phases in which the population is extremely vulnerable
and requires protection. The State must act as the main responsible party for the protection of its population.
Consequently, the peace operation must be able to combine monitoring and advisory roles in a strategic way.
UNMIL Legal and Judicial System Support

Division (LJSSD) and Human Rights & Protection
Section (HRPS) Officers visit the Stipendiary
Magistrate and his assistant at the court of
Cavalla Rubber Plantation, Pleebo, Liberia.
2005. Photo by Patrick Marega Castellan.
92
Support to the State implies monitoring performances, and providing “on-the-job” training and solid advice
with the aim of strengthening national know-how on protection and promotion of human rights, among others.
Even in the most critical situations, urgent capacity-building can come to the help of a State unable to take up its
responsibilities to protect its population from severe violations. Such assistance must be combined with sufficient
commitment to change and measures in place to fight impunity.
Human rights obligations are binding on the governments and their agents. Institutions such as ministries,
courts, the parliament, police stations, military barracks, prisons, customs, hospitals, and schools all have a crucial
role to play in order to protect and promote human rights. Agents of the government are bound not in their personal
capacity but as representatives of the government in their official capacity. That is also why a State has to be capable
of overcoming issues of official bias (a legal term used to denote prejudiced decisions being taken by officials of
the State against a particular person or group on the basis of authority derived from holding office, also known as
personality bias) and commit to combat impunity and punish perpetrators of human rights violations, whoever they
might be.
States hosting peace operations are bound by human rights obligations provided for in:
• Peace agreements;
• UN resolutions authorizing peace operations;
• International and regional human rights treaties;
• International customary law; and
• National constitutions and laws.
National legal framework
When working in a UN peace operation, peacekeepers must, as a matter of policy, observe the highest international
human rights standards.6 That a host State has not ratified specific treaties does not mean that peacekeepers are not
expected to comply with the highest international standards in that specific human rights area.
The national human rights legal framework is very relevant to setting the stage for the work of the peace
operation, particularly regarding the strengthening and reform of existing legislation and policies, such as policing
functions, education, job protection, disability, health, etc.
“In situations where peace operations forces perform their tasks

in coordination and cooperation with local law-enforcement
agencies it would be helpful to know local regulations that
govern the use of riot control means, as well as the use of force
in general.
6) For example, regarding the work of UN Police in peace operations, the UN policy on “Support for the reform, restructuring and rebuilding of police
and law enforcement agencies” states, “human rights principles governing police and law enforcement activities are based on United Nations criminal
justice norms and standards and should be fully respected and promoted by United Nations peacekeeping operations in all their activities in support
of the reform, restructuring and rebuilding of police and law enforcement agencies”. The Guidelines for UN Police officers on assignment with
peacekeeping operations states, “in implementing the mission mandate, United Nations Police Officers shall respect the legislation applicable in the
mission area insofar as it is not in conflict with internationally recognized human rights standards or United Nations Rules, Regulations and other
issuances … In exercising their functions, United Nations Police Officers shall observe internationally recognized human rights standards … They must
uphold United Nations criminal justice standards in all aspects of their work.” DPKO Policy, DPKO/PD/2006/00070, 18 December 2006, 4 and DPKO/
PD/2006/00135, 29 June 2007, 11.
93
Peace operations may be conducted on territories where

institutions of State power have almost disintegrated and
law and order are virtually non-existent. However, even
under such circumstances there might still be remnants of
a legal system or of legal perceptions amongst the local
population. The mission will benefit from knowledge of that
legal system. Suck knowledge will facilitate interaction with the
local population and may help in rebuilding or re-energizing
local administrations thus contributing to mission success.
It has been suggested that the UN Secretariat would benefit
from a data base containing respective national regulations
and reviews of implementation, as well as an authoritative
commentary.”7
Section 4.2 The Progressive and Immediate Application of Human

Rights
The full realization of some economic, social, and cultural rights may not be immediately possible and may
depend on available resources requiring a longer-term strategic response.
Contexts where peace operations are deployed are often characterized by underdeveloped and conflict-
torn environments where the general dysfunction imposes serious delays to the provision of rights and services.
The common picture is that of a lack of infrastructure, resources, and professionals to implement rights; State
authorities blaming the war and armed groups for the general destruction; and an overall stalled situation waiting
for international assistance.
Often the realization of human rights, more than capability, requires political will and prioritization. The concept
of progressive realization “imposes an obligation to move as expeditiously and effectively as possible towards that
goal”.8
Analyses of causes of conflict often show that States have done little to implement their obligations under
international human rights law and that armed conflicts are often a result of unacceptable conditions characterized
by the denial of economic and social rights. For example, equal and free access to schools, functioning hospitals, and
clean water and appropriate sanitation were often not provided before the conflict started.
Armed conflicts, of course, worsen dramatically the possibilities for protection of economic and social rights in
a country. Schools and public administration buildings are often closed, if not already shelled; water sources are
contaminated; cattle are killed; crop fields are mined; etc.
Proper distribution of available resources
“Developing countries are not too poor to pay for human

development … Most budgets can ... accommodate additional
spending on human development by reorienting national
priorities. In many instances, more than half the spending
7) Peace Operations and Domestic Regulation, Chapter 3. The Legal Dimension of Peace Operations. Challenges of Peace Operations: Into the 21th
Century, Concluding Report 1997–2002, The Challenges Project, 2002, 69.
8) HRI/Gen/1/Rev.3, 15 August 1997, 64.
94
is swallowed by the military, debt repayments, insufficient

parastatals, unnecessary government controls and wrongly
targeted social subsidies.”9
Many of the provisions in the International Covenant on Economic, Social and Cultural Rights (ICESCR) are
capable of immediate implementation.
Independent from the level of resources available, some obligations towards economic, social, and cultural
rights should be implemented immediately. For example, the host country has an obligation to non-discrimination,
which, if fulfilled, is one way of protecting economic, social, and cultural rights (ESCRs).
Some ESCRs do not require important resources and as such do not require a progressive realization. For
example, the population does not have to wait to form and join trade unions; people of any sex, any religion, any
status have the right to equal remuneration for work of equal value; and States should ensure without delay free and
compulsory primary education for all.
ESCRs provide the minimum core obligations. Each economic and social right has a “minimum essential level”
that must be satisfied by the State parties. Minimum core obligation is generally determined by meeting the needs
of the most vulnerable group that is entitled to the protection of the right in question.10 While these essential levels
are, to some extent, resource-dependent, they should be given priority by the State in its efforts to realize the
rights under the Covenant. With respect to the right to health, for example, the Committee on Economic, Social and
Cultural Rights has underlined that States must ensure:
• The right of access to health facilities, goods, and services on a non-discriminatory basis, especially for
vulnerable or marginalized groups;
• Access to the minimum essential food which is nutritionally adequate and safe;
• Access to shelter, housing, and sanitation and an adequate supply of safe drinking water;
• The provision of essential drugs; and
• Equitable distribution of all health facilities, goods, and services.11
Internally displaced persons (IDPs) return to their

homes in the district of Ermera. Security for the
convoy was provided by UN Police, the Polícia
Nacional de Timor-Leste, and Portuguese and
Pakistani Formed Police Units. March 2008. UN
Photo #413750 by Martine Perret.
9) UNDP, Concept and Measurement of Human Development, Human Development Report 1990. Available from: <http://hdr.undp.org/en/reports/
global/hdr1990/chapters/>.
10) Government of South Africa v. Grootboom.
11) OHCHR/WHO, 25.
95
Human Rights are Interdependent, Indivisible, and Interrelated
right to right to
EDUCATION EMPLOYMENT
right to
HEALTH
right to right to
WATER LIFE
Human rights are interdependent, indivisible, and interrelated. Interdependence of rights is emblematic in the
context of poverty. For people living in poverty, their health may be the only asset on which they can draw for the
exercise of other economic and social rights, such as the right to work or the right to education. Physical health and
mental health enable adults to work and children to learn, whereas ill health is a liability to the individuals themselves
and to those who must care for them.12 Such positive trends do not hide the fact that, traditionally, ESCRs have not
been protected adequately.
Are economic, social, and cultural rights “justiciable”?
Reluctance by judges to assess responsibilities with regard to concepts considered too “vague” such as hunger,
adequate housing, and fair wage; the reviewing of key policies for the exercise of ESCRs; and the assessment of
the realization “pace” of ESCRs have often delayed ESCR justiciability, creating the false impression that only civil
and political rights are truly justiciable. The judiciary should be empowered to play its role of referee supervising the
correct and punctual implementation of the law.13
“Judicial enforcement of human rights is fundamental. A right

without a remedy raises questions of whether it is in fact a
right at all. This is not to say that judicial enforcement is the
only, or indeed the best, way of protecting economic, social and
12) OHCHR/WHO, 6.
13) “Institutions dealing with allegations of discrimination customarily include courts and tribunals, administrative authorities, national human rights
institutions and/or ombudspersons, which should be accessible to everyone without discrimination. These institutions should adjudicate or investigate
complaints promptly, impartially, and independently and address alleged violations relating to article 2(2), including actions or omissions by private
actors. Where the facts and events at issue lie wholly, or in part, within the exclusive knowledge of the authorities or other respondent, the burden of
proof should be regarded as resting on the authorities, or the other respondent, respectively. These institutions should also be empowered to provide
effective remedies, such as compensation, reparation, restitution, rehabilitation, guarantees of non-repetition, public apologies, and State parties
should ensure that these measures are effectively implemented. repetition, public apologies, and State parties should ensure that these measures
are effectively implemented. Domestic legal guarantees of equality and non-discrimination should be interpreted by these institutions in ways which
facilitate and promote the full protection of economic, social and cultural rights.” Non-Discrimination in Economic, Social and Cultural Rights, Art. 2,
para. 2, Committee on Economic, Social and Cultural Rights, General Comment No. 20, 2009.
96
cultural rights. However, judicial enforcement has a clear role

in developing our understanding of these rights, in affording
remedies in cases of clear violations and in providing decisions
on test cases which can lead to systematic institutional change
to prevent violations of rights in the future.”14
The right to adequate housing (ICESCR, Article 11)
Regardless of the state of development of any country, there are certain steps that States must take immediately
to provide their population with adequate housing. The human right to adequate housing guarantees all people the
right to live in security, peace, and dignity.
Adequate housing obeys certain requirements which can be monitored and measured:
• Legal security of tenure: Regardless of the type of tenure, all persons should possess a degree of security
of tenure which guarantees legal protection against forced eviction, harassment, and other threats;
• Affordability: Personal or household financial costs associated with housing should not threaten or
compromise the attainment and satisfaction of other basic needs;
• Habitability: Adequate housing should provide for elements such as adequate space; protection from cold,
dampness, heat, rain, wind, or other threats to health; structural hazards; and disease vectors;
• Availability of services, materials, facilities, and infrastructure: Housing is not adequate if its
occupants do not have safe drinking water; adequate sanitation; energy for cooking, heating, and lighting;
sanitation and washing facilities; and means of food storage, refuse disposal, etc.;
• Accessibility: Housing is not adequate if the specific needs of disadvantaged and marginalized groups
are not taken into account (e.g. the poor, people facing discrimination, persons with disabilities, victims of
natural disasters, etc.);
• Location: Adequate housing must allow access to employment options, health-care services, schools,
childcare centres, and other social facilities, and should not be built on polluted sites nor in immediate
proximity to pollution sources; and
• Cultural adequacy: Adequate housing should respect and take into account the expression of cultural
identity and ways of life.15
Interdependence of rights
The right to adequate housing is a component of the right to an adequate standard of living, and is directly
interlinked with other rights such as the right to safe water and sanitation; the right to health; the right of access to
basic services, schools, transportation, and employment; the right to freedom from arbitrary interference with one’s
privacy, family, or home; the right to security, including legal security of tenure; the right to protection from forced
evictions and the destruction or demolition of one’s home including during armed conflict, population transfer, and
development projects; and the right to equal protection of the law and judicial remedies for the redress of violations.
Persons with disabilities, for example, may require for their independent living to live close to their communities
where basic services are guaranteed. For indigenous peoples and traditional communities, the attachment to specific
territories and communities may have a historic significance and constitute an identity factor. Having been forced to
14) Ibid.
15) CESCR General Comment No. 4, The Right to Adequate Housing (Art. 11 [1]), 13/12/1991 and General Comment No. 7.
97
flee their communities, these groups risk their collective survival. Individuals coming out of conflicts may have lost
their houses due to the destruction or be forced eviction. Lack of shelter can affect the life of the most vulnerable
groups, such as small children, the elderly, and the sick.
Discrimination or multiple discrimination can make it harder to find a place to live. For example, according to
the Special Rapporteur on adequate housing, “women with disabilities face significant barriers in accessing adequate
housing and services”.16
The right to housing often demands close cooperation between human rights and humanitarian actors. In the
context of peace operations, shelter is an alarming priority affecting thousands of individuals and families. Temporary
solutions such as refugee and IDP camps sometimes may not be well received by other resident communities or even
State authorities. Threats, evictions, and general insecurity are frequent. Lack of services essential to the right to
adequate housing, such as clean water, may also be denied.
Writing Exercise 7: Monitoring Hospitals I »

You are working as a human rights officer in a peace operation. Your area of expertise is
economic, social, and cultural rights. The military colonel responsible for three health clinics
run by a peacekeepers’ battalion in the capital comes to see you.
According to the colonel, in the last three weeks their clinics have been visited by an
unusually high number of local patients, which challenges the limited capacity of military
doctors. Apparently the main reason for the increase of patients is due to an increase in
consultation fees at the capital’s main hospital. People say that even after you pay, you
sometimes have to wait in queues for 10 to 12 hours. In some cases, patients have had to
pass the night in the yard of the hospital to avoid losing their turn the day after. Patients
claim that paying double the normal fee will allow you to bypass the queue and get a faster
service.
The colonel tells you that some of the illiterate patients had shown medicines already
expired, in some cases two to three years ago. Others had handwritten receipts indicating
prices for medicaments which were much higher than the market price. Patients said the
State pharmacies had limited stocks of medicines and usually the hospital referred them to
specific private pharmacies in town that were better equipped.
The peace operation’s clinics also received visits by patients suffering from HIV/AIDS. Some
said that at the central hospital nurses had sometimes refused to deal with “AIDS people”.
In one case, a nurse asked other patients queuing in the corridor to keep a person suffering
from HIV/ AIDS from entering.
• Identify the main problems in the scenario above.
• Did the State fail to protect, respect, and/or fulfil human rights? Please explain.
• As a human rights officer, what actions would you take in this situation?
16) E/CN.4/2005/43, para. 64.
98
Monitoring ESCRs in situations of emergency, including the right to adequate housing, is a key task in peace
operations, particularly for the human rights component. For example, UNMIS human rights officers were involved in
monitoring the right to adequate housing by following up on allegations that communities in a particular area in North
Sudan would have been forced to flee their houses due to a dam project foreseeing the flood of the area. Information
gathered by the human rights component was also submitted to the Special Rapporteur on adequate housing who
sent a communication to the government. Concerns were also raised by the Special Rapporteur on Sudan.
Conflicts and adequate housing are interlinked. Protracted periods of lack of adequate housing result in multiple
discrimination, violations of essential levels of ESCRs, and raising criminality. These intractable situations can lead
to conflict.
In Afghanistan, both past conflicts and more recent conflicts leading to destruction of houses and villages and
current trends of land grabbing and forced evictions, have left millions of Afghan refugees landless and homeless.
After his 2003 mission to Afghanistan, the UN Special Rapporteur on adequate housing recommended an analysis
of housing, property, and land issues based on human rights law, gender equality, and the State’s ESCR’s obligations.
The Special Rapporteur identified “the non-implementation of land and housing rights, such as forced evictions and
land occupation, as a potential reason for prevailing and future insecurity … The main challenge will be to elaborate a
conscious combination of the humanitarian, the human rights and the sustainable development approach”.17
In a report on POC in armed conflict, the Secretary-General points at the need to more effectively address
housing, land, and real property issues, “which are often the origins of, or result from, conflict and which are
therefore inextricably linked to the achievement and consolidation of lasting peace and the prevention of future
violence”.18
Housing, land, and property disputes and problems give rise to complex issues that, if not tackled immediately,
can exacerbate the scenario and make peace much more difficult to reach. Problems include forced evictions; property
transactions made under duress; illegal destruction or appropriation and occupation of abandoned property; illegal
confiscation of land; discriminatory application of abandonment laws; loss or deliberate destruction of documentary
evidence of ownership; and discriminatory application of inheritance laws denying women and minors the right to
inherit, own, or use land and property.
The report called for a consistent approach over housing and property issues, which should include:
• Preventive and deterrent actions, such as the strategic deployment of peacekeeping troops to prevent
evictions and the illegal appropriation of land and property, and the identification and prosecution by
national courts or the ICC of those criminally responsible for the illegal appropriation or destruction of land
and property;
• Preparatory actions, such as the early identification and registration of land and property abandoned by
internally displaced persons and refugees to facilitate restitution or, where necessary, compensation, and
the issuance of ownership documentation where this has been lost or destroyed; and
• Restorative actions, such as the inclusion of the right to return and restitution of housing, land, or property
in all future peace agreements and all relevant Security Council resolutions, and the inclusion of housing,
land, and property issues as an integral part of future peacekeeping and other relevant missions, with
provisions for dedicated, expert capacity to address these issues.19
17) A/HRC/10/7/Add.2, 24 February 2009, 9.

18) S/2007/643, 28 October 2007, 14–16.
19) Ibid.
99
Two Haitian women sit inside a makeshift structure, built on the rubble of what was once their house, in Port-au-
Prince. Their shelter is where a total of 15 people sleep every night since the earthquake in January left millions
homeless. July 2010. UN Photo #442289 by Sophia Paris.
Section 4.3 The Responsibility to Measure
“The idea of progressive realization has not become as concrete

as it needs to be in practice. Many States do not report on
compliance with their obligations in a rigorous way. Many do
not even present statistics that can demonstrate that over time
and with greater resources the State is actually measurably
improving its level of respect … On the other hand, many
Member States … have taken their obligations seriously and
have developed interesting indicators and are rigorously
tracking their progress.”20
Verifying compliance by States with international treaties, including monitoring steps towards national legislation
reforms, represents an important indicator. However, the duty of the peace operation is not only to monitor trends,
but also to help them become realized.
For States emerging from conflict, it may be hard to map indicators related to the factual implementation
of services and rights. Existing statistics may be too old and obsolete; national mechanisms to monitor internal
performance and social patterns may be dysfunctional; staff capable of disaggregating rough data may not be
adequate and trained; technology may not be available. External assessments by the UN, NGOs, and financial
and development agencies are important in allocating funds and defining expected accomplishments. However, State
officers should be supported in carrying out their own professional assessments and be made responsible for their own
statistics. Measurements and evaluations are not una tantum exercises; they should be repeated frequently and should
20) Todd Howland, “Peacekeeping and Conformity with Human Rights Law: How MINUSTAH Falls Short in Haiti”, in Peace Operations and Human Rights,
Ray Murphy and Katarina Mansson, eds. (London: Routledge, 2008), 10.
100
be capable of supporting relevant State activity. Indicators developed at the national level, also encompassing human
rights, can include interesting indigenous and cultural aspects possibly ignored by international frameworks.
The methodology used and facts gathered should be verifiable and subjected to a process of continuous
assessment and reassessment. Political leaders need to provide updated information on the socio-economic situation
of their country so as to build their programmes and indicate expected improvements. Such commitments should be
applied not only to economic and social rights but also to civil and political rights (e.g. number of civilian casualties
by government or non-State actors, number of deaths in detention, number and types of violations committed by
police officers, etc.).
Peace operations can be effective for the integration of ESCRs in peace processes. For example, they can
ensure that ESCRs are sufficiently integrated in actions aimed at identifying root causes of conflict, preventing
new violations, and providing appropriate solutions for a durable peace. A peace operation’s reports and analytical
products prepared by the mission Joint Analysis Cells should also address the ESCR situation in the host country.
Human rights officers’ peace operations partners — such as police components, Correction Advisory Units, and SSR
components involved in the reform and rebuilding of national security and law enforcement agencies — need to
consider solid interventions in the area of ESCRs. When supporting national authorities on policy making, including
housing policies, it is important to ensure conformity with international ESCR standards related to ESCRs. The
peace operation also has an important role to play in ensuring appropriate attention for ESCRs in transitional justice
activities.
An introduction to baselines, indicators, and benchmarks
“The goal of each peacekeeping operation should be to

measurably increase respect for human rights law. There
should be analysis of the root causes of the conflict and of
which human rights are implicated. A baseline of the level of
respect for human rights should be done at the beginning of the
operation. Programmes should be put in place to measurably
increase the level of respect for the target rights (those
linked to the root cause of the conflict). Stopping the fighting
and being present may or may not meet the peacekeeping
operation’s obligations, and would depend on how much money
is being spent and how it is spent and whether the human
rights indicators are positive because of the intervention.”21
Like most assessment exercises, measuring compliance with standards, rights’ implementation, and quality of
services delivered means asking questions — first, to ourselves as human rights experts, and then to those expected
to implement services and safeguards (duty-bearers) and to those expected to enjoy them (rights-holders).
Are victims of rape receiving immediate assistance in hospitals and health clinics? Do the poor have sufficient
access health services? Are children with disabilities being educated?
How are we going to find out? What do we need to examine? Who should we ask?
Qualitative and quantitative indicators are useful tools for promoting and monitoring the implementation of
human rights. Statistical and behavioural indicators verify compliance with international human rights norms and
21) Todd Howland, 8.
101
principles and measure integration of human rights considerations in policies and decisions relevant to human
security and development.
“Human rights indicators are tools for States to assess their

own progress in implementing human rights, formulate human
rights-based public policies and programmes, and make
precise information available to civil society and to national and
international human rights monitoring mechanisms.”
OHCHR developed a conceptual and methodological framework for identifying indicators. The framework
recommends the development of structural, process, and outcome indicators.22
• Structural indicators: Level of commitments and acceptance of international human rights standards;
• Process indicators: Efforts being made to meet the obligations that flow from the standards; and
• Outcome indicators: Results of those efforts.
The framework provides for a common list of indicators “to be applied across all countries irrespective of their
social, political and economic development, nor to make a case for building a global composite measure for cross-
country comparisons of the realization or enjoyment of human rights”.23
Indicators need baselines to be measured. These are starting points from which the peace operation will begin
recording improvements (or worsening trends). Baselines informing of quantitative indicators can be built following
the same rationale used for indicators (e.g. building statistics which will be updated from time to time). Elements
related to resources available (within the peace operation) to monitor and support implementation will be relevant
when establishing baselines.
Human rights indicators are “specific information on the state of an event, activity or
an outcome that can be related to human rights norms and standards; that addresses and
reflects the human rights concerns and principles; and that can be used to assess and
monitor the promotion and protection of human rights. Indicators can be quantitative or
qualitative … The first category views indicators as an equivalent of ‘statistics’ and the latter,
a broader ‘topical’ usage, covering any information relevant to the observance or enjoyment
of a specific right.”*
Baselines are clearly defined starting points from when the implementation begins,
improvement is judged, or comparison is made.
Benchmarks are standards or sets of standards used as a point of reference for evaluating
performance or level of quality.+
* from “Using Indicators to Promote and Monitor the Implementation of Human Rights”, Asian Sub-regional Workshop (2007)
+ Definition adapted from: <http://www.Businessdictionary.com>.
22) For more information, visit: <http://www2.ohchr.org/english/issues/indicators/index.htm>. The site also contains the Report on Indicators for
Promoting and Monitoring the Implementation of Human Rights. On human rights indicators for development activities, see also Indicators for Human
Rights Based Approaches to Development in UNDP Programming: A Users’ Guide (March 2006). Available from: <https://hrbaportal.org/resources/
indicators-for-human-rights-based-approaches-to-development-in-undp-programming-a-users-guide>.
23) From the OHCHR webpage: <http://www.ohchr.org/EN/Issues/Indicators/Pages/framework.aspx>.
102
Baselines will spot concrete realities of the human rights situation. Different sources can help gather statistical
and structural data related to the human rights situation: reports of Technical Assessment Missions (TAMs) or other
needs assessments, reports of Commissions of Inquiry (CoIs), Comments and Recommendations by treaty-based
committees and replies by States, reports by country or thematic Special Rapporteurs, reports of the Secretary-
General, and reports and thematic studies by UN agencies, international and national NGOs, and the media.
All of these are excellent sources that provide a lot of important information on human rights problems occurring
in a given country. A useful tool is the Universal Human Rights index, a compilation of UN documents giving access
to conclusions and recommendations of special procedures, concluding observations of the seven UN treaty bodies,
and comments by governments. Each observation and recommendation is classified by country, right, body, and
affected person.24
“The United Nations tries to set certain benchmarks or

indicators for success for individual peacekeeping operations,
but this is often difficult. There is no standard ‘checklist’
of benchmarks applicable to all situations. The appropriate
benchmarks are adapted to each situation. The choice depends
on the underlying causes of conflict and its dynamics.”25
UN mission benchmarks must be established at the beginning of a peace operation and can be reassessed
accordingly as the situation evolves in order to adjust the mission exit strategy to new possible challenges. Benchmarks
are defined based on data gathered by UN joint assessment missions (which include human rights experts), on
expected accomplishments for the consolidation, drawdown, withdrawal, or transition of a peace operation.
Examples of key benchmarks include, but are not limited to:
• The absence of violent conflict and large-scale human rights abuses, and respect for women’s and minority
rights;
• The ability of national armed forces and national police to provide security and maintain public order with
civilian oversight and respect for human rights; and
• Legitimate political institutions, such as a legislature, having been established after the holding of free and
fair elections in which women and men have equal rights to vote and seek political office.26
“All peacekeepers should be familiar with any conditions or

benchmarks for withdrawal of their respective peacekeeping
operation agreed upon by the Security Council.”27
In the sixteenth progress report on UNMIL, the Secretary-General reported on progress indicators and
benchmarks for the drawdown phase of the peace operation, stating:
“some progress was made in meeting the indicators of progress

identified under the four key benchmarks of security, the rule
of law and governance, economic revitalization, and basic
24) The index has been developed by the Institute of Public Law of the university of Bern in collaboration with LexUM Montreal and is regularly updated
by the Office of the UN High Commissioner for Human Rights, <http://www.universalhumanrightsindex.org>.
25) UN Peacekeeping PDT Standards, Core Pre-Deployment Training Materials, 2009, Unit 2: The Establishment and Functioning of UN Peacekeeping
Operations, 18.
26) Ibid., 19.
27) Ibid.
103
services and infrastructure during the consolidation phase.

However, progress was slow in some areas, particularly in
the strengthening of the justice sector, the training of the
Armed Forces of Liberia, the development of a national
security strategy and architecture, and the establishment of an
independent national human rights commission.”28
Measuring quality of rights and services
Specific standards are included in the CESCR’s General Comments29 to assess whether rights are fully achieved
and if their implementation is sustainable. Four essential features — Availability, Accessibility, Acceptability, and
Adaptability — have been identified in relation to the right to education.30
• Availability: Functioning educational institutions and
programmes have to be available in sufficient quantity
within the jurisdiction of the State party. What they require
to function depends upon numerous factors, including the
developmental context within which they operate. For
example, all institutions and programmes are likely to
require buildings or other protection from the elements,
sanitation facilities for both sexes, safe drinking water,
trained teachers receiving domestically competitive
salaries, teaching materials, and so on; while others will
require different facilities such as a library, computer
facilities, and information technology;
• Accessibility: Educational institutions and programmes
have to be accessible to everyone, without discrimination,
within the jurisdiction of the State party. Accessibility has
three overlapping dimensions:
»» Non-discrimination — Education must be accessible to

Forestry employees trim a pine tree log as
all, especially the most vulnerable groups, in law and
part of the timberline improvement program.
fact, without discrimination on any of the prohibited
For the past several years the UNDP, FAO, and
grounds; the Philippine Government have jointly funded
a program to train specialists in advanced
»» Physical accessibility — Education has to be within
techniques to rehabilitate and maintain this
safe physical reach, either by attendance at some precious natural resource. January 1981. UN
reasonably convenient geographic location (e.g. a Photo #315427 by Carolyn Redenius.
neighbourhood school) or via modern technology (e.g.

access to a “distance-learning” programme);
28) S/2008/183, 14, 17–19. Other interesting sources on priorities, indicators, and benchmarks for human rights mandates’ objectives can be found
in: OHCHR, Claiming the Millennium Development Goals: A Human Rights Approach, 2008; OHCHR’s Thematic Expected Accomplishments, Annex
2. OHCHR Field Presences’ Thematic Priorities and Results, Annex 3. OHCHR Expected Accomplishments and Indicators, and Annex 4. Global
Management Outputs and Monitoring Framework, in OHCHR Strategic Management Plan 2010-2011, 146–157. See also: <http://www2.ohchr.org/
english/issues/indicators/index.htm>.
29) These are available from: <https://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=9&DocTypeID=11>.
30) Adapted from CESCR, General Comment No. 13, The Right to Education (Art. 13), E/C.12/1999/10.
104
»» Economic accessibility — Education has to be affordable to all. Whereas primary education shall be
available “free to all”, States parties are required to progressively introduce free secondary and higher
education;
• Acceptability: The form and substance of education, including curricula and teaching methods, have to be
acceptable (e.g. relevant, culturally appropriate, and of good quality) to students and, in appropriate cases,
parents; and
• Adaptability: Education has to be flexible so it can adapt to the needs of changing societies and communities
and respond to the needs of students within their diverse social and cultural settings.
Writing Exercise 8: Monitoring Hospitals II »

You are a human rights officer. The peace operation’s mandate includes “contributing to the
monitoring and to the promotion and protection of human rights, with particular attention
to discrimination against women and other groups at risk, and recommending action to the
competent authorities; and supporting, within its capabilities, efforts aimed at strengthening
the capacity and civil society through training in international human rights standards, and
efforts to put an end to discriminatory practices”.
You scheduled a meeting with the director of the main hospital in the capital.
• What kind of information will you look for in order to assess the availability,
accessibility, acceptability, and adaptability standards of the hospital? (Prepare a list
of questions based on content and principles.)
• What kind of support can you commit to the fight against discrimination related to the
right to health?
• What activities could you organize? Who would you target?
• In addition to the director, who else would it be worthwhile to speak to at the hospital?
Section 4.4 Peace Operations and Illegal Exploitation of Natural

Resources
Many peace operations are deployed to countries plagued by intensive exploitation of natural resources (e.g. oil,
mining, diamonds, rubber, lumber, etc.). The presence of violence or conflict does not necessarily stop the exploitative
activities; rather, it exacerbates them, transforming the environment to an environment in which State and non-
State actors, including foreign elements, may unscrupulously benefit and profit from the prevailing instability.
Monitoring and assessment activities in these circumstances are characterized by a high level of complexity
in terms of actors involved, groups at risk, and human rights problems. Interventions to assess levels of risk and
protection need to be well coordinated and secured.
Illegal trade in natural resources is one of the main factors fuelling conflict situations. Illicit economic activities
and illicit trade create opportunities for supporting armed groups that are major perpetrators of horrific human rights
violations. Timber, diamonds, mining, oil, opium, and other natural resources have been — and continue to be — the
cause and the elements of “sustainability” of conflicts in many areas that require peacekeeping deployment.31
31) Examples are Afghanistan, Angola, Côte d’Ivoire, the Democratic Republic of Congo, Iraq, Liberia, and Sudan.
105
32
Addressing the issue of illegal trade in natural resources in conflict zones is key for peacekeeping operations,
and proper coordination is required between uniformed and civilian personnel to tackle such a problem. For example,
in situations where economic and social rights are usually denied, entire sectors of the local population can be forced
to cooperate with armed groups engaged in illegal exploitation or trade. This requires a human rights approach to the
whole issue of illegal trade ensuring that security-related actions are accompanied by an adequate awareness and
credible alternative solutions for survival.33
Recognizing the link between illegal trade and conflict’s implications, the Security Council has been integrating
more and more of these concerns in resolutions that provide mandates to peace operations.34
In the case of the Democratic Republic of Congo, for example, the Security Council extended and broadened the
mandate of the UN Organization Mission in the Democratic Republic of the Congo (MONUC) in 2009.35 It specifically
mandated the mission to “use its monitoring and inspection capacities to curtail the provision of support to illegal
armed groups derived from illicit trade in natural resources”.36 All States, especially those in the region, should “take
appropriate steps to end the illicit trade in natural resources, including if necessary through judicial means”.37 It is
the States’ responsibility to “immediately freeze the funds, other financial assets and economic resources which are
on their territories which are owned or controlled, directly or indirectly by individuals or entities supporting the illegal
armed groups in the eastern part of the Democratic Republic of the Congo through illicit trade of natural”.38 Of course
these measures should also be taken by companies and other private actors.
In January 2009, MONUC’s human rights division established a task force on economic, social, and cultural
rights linked to the exploitation of natural resources in the DRC. The goal of this task force is to define a strategy to
strengthen civil society organizations and to raise awareness about State responsibilities among the population, the
State and private entities involved in activities of relevance to ESCRs.39
According to Global Witness »

Conflict resources are natural resources whose systematic exploitation and trade in a context
of conflict contribute to, benefit from or result in the commission of serious violations of human
rights, violations of international humanitarian law or violations amounting to crimes under
international law.
32) Definition taken from the Global Witness webpage: <http://www.globalwitness.org/pages/en/definition_of_conflict_resources.html>. “Although it is
now universally accepted that revenue from natural resources provided the logistics for war in countries such as Angola, Cambodia, Liberia and Sierra
Leone, the international community has yet to address this problem effectively and systematically. The international community needs to address
resource-related conflicts in a way that tackles their particular character: in other words, by proactively addressing the trade that underlies the war, as
well as the war itself.” See also: “Lessons UNlearned: How the UN and Member States must do more to end resource-fuelled conflict”, Global Witness
Report, January 2010. Available from: <http://reliefweb.int/sites/reliefweb.int/files/resources/D50748C0ED6342D4492576B9001A5DE1-Full_Report.
pdf>.
33) For example, in Liberia, “the high unemployment rate among young people, the activities of ex-combatants, and illegal exploitation of natural
resources are potential sources of instability”. Also, in the DRC, “children have been recruited for exploitation of natural resources and given food in
exchange”. See: Security Council report on Liberia from December 2008. Available from: <http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/
b.4780509/k.496/December_2008brLiberia.htm>. See also: Cross-Cutting Report, No. 1 , Children and Armed Conflict, 4 February 2008.
34) Some examples are UN Security Council resolutions 1807, 1856, 1857 (2008) , 1925 (2010) (MONUC), and 1643 (2005) (UNOCI).See: <http://www.
ohchr.org/EN/countries/Pages/SecurityCouncilResolutionsIndex.aspx>.
35) MONUC, as of July 2010, has been renamed the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO),
which reflects the new phase reached in the country.
36) S/RES/1856 (2008), para. 3(j).
37) Ibid., para. 21.
38) S/RES/1857 (2008), para 4(g), reaffirming measures provided in its previous SCR 1807 (2008); preventing support to armed groups derived from
illicit trade in natural resources is reinforced also by SCR 1925 (2010), which includes a “pilot project of bringing together all State services in five
trading counters in North and South Kivu in order to improve the traceability of mineral products”, para. 12(r).
39) OHCHR ESCR Bulletin, vol. 3 (2009).
106
“Between June 2005 and January 2006, the Human Rights and Protection Section (HRPS)
of UNMIL, carried out field research following up on regular reports on serious human rights
violations occurring in rubber plantations. The study concentrated on five of Liberia’s seven major
rubber plantations.
Assessing compliance with international and national norms, with concession and management
agreements and pointing at gaps in protection of those living on the plantations was part of the
project. The study prepared by HRPS followed internal consultations both with UNMIL, the UN
country team, and the government’s relevant actors (the Minister of Agriculture and the Minister
of Labour, amongst others). Field visits included interviews with relevant stakeholders (e.g.
managers of rubber companies, private security companies, local police and magistrates, health
clinics and directors of schools, workers, and child “helpers”).
Most of the visits of UNMIL human rights officers were carried out with the help of escort by
military peacekeepers — usually based close to the plantations. UNMIL Civil Affairs and Legal and
Judicial System Support officers also joined human rights officers in some of the visits.
Each plantation was an oasis on its own, presenting both similar and very specific dynamics.
A mix of civil, political, economic, and social concerns was regularly recorded by human rights
officers. In some cases, former rebels not reintegrated into the Liberian society, were the de
facto managers of the plantations deriving profitable benefits, using intimidation and other
abuses to maintain power. Human rights violations related to this illegal exploitation and trade
included child labour; violence against women: absence of teachers from plantation schools;
dysfunctional health clinics; handling of local law and order by private security companies; illegal
detention and beating of detainees (sometimes unpaid workers who had started their own illegal
market); violent strikes due to unpaid salaries; and environmental abuses affecting the right to
health, including that of children.”
–from “Human Rights in Liberia’s Rubber Plantations: Tapping into the Future”
UNMIL, May 2006
Lesson Summary
Sovereignty as responsibility
The responsibility of human rights protection and promotion stays first and foremost with the government.
Obligations
States have three obligations: protect, respect, and fulfil human rights.
A State’s implementation of its human rights obligations must be stronger in situations of conflict and immediate
post-conflict.
107
States hosting peace operations are bound by the whole range of human rights obligations provided for in:
• International customary law;
• International and regional human rights treaties;
• UN resolutions authorizing peace operations;
• Peace agreements;
• Ongoing agreements with UN agencies (i.e. OHCHR, UNCHR, UNICEF); and
• National constitutions and laws.
Progressive or immediate application of human rights
Depends on States’ capability and resources, political will, and prioritization (Important: making resources
available means distributing the existing ones properly.)
Minimum essential level
Economic and social rights have a “minimum essential level” that must be implemented by the State parties
without delay by concentrating on available resources (non-discriminatory basis, especially for vulnerable or
marginalized groups; minimum essential food; access to shelter; sanitation; and an adequate supply of safe drinking
water).
Minimum core obligation
This is generally determined by meeting the needs of the most vulnerable group that is entitled to the protection
of the right in question
Qualitative and quantitative indicators
Useful tools for promoting and monitoring the implementation of human rights. Statistical and behavioural
indicators are key in verifying compliance with international human rights norms and principles and measuring
integration of human rights considerations in policies and decisions relevant to human security and development.
Baselines
Clearly defined starting points from which the implementation begins, improvement is judged or comparison is
made.
Benchmark
Standard or set of standards, used as a point of reference for evaluating performance or level of quality.
The four standards to measure implementation of services
1. Availability;
2. Accessibility;
3. Acceptability; and
4. Adaptability.
108
Annex from Report on Indicators for Promoting and Monitoring the Implementation of Human Rights (HRI/MC/2008/3)
109
1. Which of the following are human rights 3. The following item is an example
obligations for all States? of what? “Proportion of received
complaints on the right to life
A. Fighting crime, raising budget for military
investigated and adjudicated by the
expenditures, and suspending visas for
human rights national institutions.”
citizens coming from countries in war
B. Extending concessions for forestry 4. A human right benchmark
exploitation to foreign companies, funding
A. A human rights quantitative indicator
rights-based TV commercials for diamonds
B. A human rights qualitative indicator
extracted by children miners in war zones,
C. A human rights standard
and using moderate violence against
students protecting without authorization 5. How can a State fulfil the right to
C. Introducing new untested medicines against freedom of religion?
tuberculosis in illiterate areas, providing
traditional leaders with weapons to increase 6. Making sure that all infants are baptized
community protection, and training A. Making opportunities available for individuals
soldiers on the human rights approach to and communities to manifest religion or
development belief in teaching and practice, and to
D. Respecting freedom of religion, taking support them in changing their religion if
measures to make access of male and they wish to do so
female children to education fairer, and B. Ensuring that people are not wearing
punishing police officers who mistreat religious symbols possibly offensive to others
detainees C. Granting immunity for criminal acts to
priests and clericals
2. It is a principle of international law that
_____. 7. A State claims that it cannot implement
A. the party with stronger artillery can claim the right to freedom of religion, life,
property rights over unspoiled areas of and physical integrity immediately, but
can do so only progressively. Is such a
developing countries
statement reasonable?
B. once the government of a State ratifies a
A. Yes, States may be unwilling to implement
treaty, all subsequent governments of that
rights immediately due to conflicting parties’
State are equally bound
agendas and time should always be provided
C. after two years from the unfortunate events,
so as to reschedule implementation
past abuses cannot be claimed anymore
B. Yes, States may be incapable of
D. international human rights law ends when
implementing certain rights immediately
conflict starts
due to lack of resources. However, there
are always minimum core obligations with
regards to the most vulnerable groups (e.g.
right to food and shelter)
C. No, rights to life and to physical integrity and
to freedom of religion are fundamental rights
that do not admit delays or omissions
D. No, these are social rights and as such
require immediate attention
110
8. Which of the following is NOT an 11. When may it be legitimate for a State
essential feature in measuring the to implement specific economic, social,
quality of rights? and cultural rights progressively and not
immediately?
A. Accessibility
B. Availability A. When the State does not have enough
resources
C. Applicability
B. When the State accedes to the ICESCR, but
D. Acceptability
has yet to sign it
9. According to the Committee on C. When the State does not have the will to do
Economic, Social and Cultural Rights, so
when can a service be considered
D. When the State has different priorities that
“accessible”?
are deemed more important
A. It should be distributed and located so that
all members of the population concerned can 12. Human rights are _____.
use it without discrimination A. interdependent, indivisible, and interrelated
B. It should be sustainable and affordable, and B. idealistic, theoretical, and optional
commensurate with income levels
C. never implemented by theocratic
C. In some cases it can be provided free of governments
charge
D. reserved only for the rich and powerful
D. All of the above
10. Which of the following are the sources of

States’ human rights obligations?
A. International customary law, human
rights treaties, UN resolutions, and peace
agreements
B. Non-treaty law, rules of engagement (ROEs),
memorandums of understanding (MOUs),
and traditional customs
C. OHCHR plan of action, UN Secretary-
General’s reports, and General Assembly
resolutions
D. National constitutions and laws
Answer Key »
1. D
2. B
3. B
4. B
5. B
6. C
7. D
8. A
9. A
10. A
111
LESSON
Human Rights Problems and
5 Groups at Risk in Conflict and

Post-Conflict Situations
Human rights abuses

include acts committed by
non-State actors when they
exercise de facto authority
in a particular area.
UN Photo #452289 by Olivier Chassot.
Section 5.1 How Violations of Human Rights • Know how a human rights violation is committed.
Occur • Understand the relationship between crimes and human

rights violations.
Section 5.2 Human Rights Problems
Common in Peace Operations • Be familiar with human rights concerns and violations of
human rights common in contexts of peace operations.
Section 5.3 Groups Especially
• Be able to identify groups at higher risk of discrimination
At Risk
and other violations of human rights in conflict and post-
conflict contexts.
112
LESSON 5 | Human Rights Problems and Groups at Risk in Conflict and Post-Conflict Situations
Verification of prison conditions and the treatment of prisoners in Haitian detention centres constitutes a fundamental aspect of
MICIVIH’s human rights monitoring work. Recommendations are regularly made to Haitian authorities in an effort to improve respect
for due process. Pictured here, a typical scene in a Haitian detention centre in Port-au-Prince. May 1997. Photo by UN/MICIVIH.
Section 5.1 How Violations of

Human Rights Occur
According to the OHCHR Training Manual on Human
Rights Monitoring:
“Human rights violations include

governmental transgressions of the rights
guaranteed by national, regional and View a video introduction of this lesson
at <https://www.peaceopstraining.org/
international human rights law and acts
videos/176/lesson-5-human-rights-
and omissions directly attributable to the problems-and-groups-at-risk-in-conflict-
State involving the failure to implement and-post-conflict/>.
legal obligations derived from human

rights standards.”1
1) OHCHR Professional Training Series No. 7, Training Manual on Human

Rights Monitoring, 2001, 10. Available from: <http://www.ohchr.org/EN/
PublicationsResources/Pages/TrainingEducation.aspx>.
113
Human rights violations occur:
• When a law, policy, or practice deliberately contravenes or ignores human rights obligations held by the
State concerned;
• When the State fails to achieve a required standard of conduct or result; and
• When the State withdraws or removes existing human rights protections.2
The phrase “‘human rights abuses’ is used … as a broader term than ‘violations’, and includes violative conduct
committed by non-State actors”.3 Corporations, armed opposition groups, and private military and business sector
agents can commit human rights abuses with different degrees of legal responsibility.
Following a conflict, State authorities may have fled their posts. Upon their arrival in host countries, particularly
in provinces and remote areas, peacekeepers will most likely interact with “transitional” authorities (e.g. self-
appointed village leaders, volunteer police officers, former combatants assuming leadership of security positions
or management of natural resources and acting as magistrates, etc.). Some of them may have been genuine State
officers; others may have just assumed their positions through the local support of part of the population. In worse
scenarios, actors may have appointed themselves using intimidation or violence. All of these situations must be
carefully assessed in view of understanding the respective obligations of each “authority”.
Human rights abuses include acts committed by non-State actors when they exercise de facto authority in a
particular area. Armed factions which constitute the de facto authority in an area have the same obligations as an
officially recognized government, including the obligations of customary international human rights law. Certain
human rights such as the prohibition of torture are part of customary international law and must be respected
at all times by both State and non-State actors. In some cases, rebel forces or movements may have signed
international ceasefire and peace agreements that expressly refer to international human rights law. The reality of
internal conflicts is that de facto control may be partial or subject to change, in which case the de facto authorities
would be responsible to the degree in which they are in control. This is extremely important for the protection tasks
of military peacekeepers who are frequently confronted with armed factions controlling specific portions of the area
of operation of peacekeeping missions.
Crimes and human rights violations
Breakdown in the rule of law is very conducive to crimes, human rights violations, and the general decline of
security in towns and communities. Poverty, corruption, and disregard for economic and social rights are factors
known to affect and often lead to an increased crime rate.
States have the responsibility to prevent and fight crime. Applying their human rights responsibilities certainly
helps to reduce crime. Helping the poor get assistance and ensuring security for communities aid in the fighting of
crime. Adequate level of policing and law enforcement helps to achieve stability, which is indeed a very relevant
support task of UN Police in peace operations.
Murders, rapes, and physical abuses are crimes according to national laws. If the State fails to punish such
crimes, support victims, and create conditions for security and protection around the crime scene, a human rights
violation will have occurred. Failure by the States to address crimes properly will lead to human rights violations
(omissions) contributing to the culture of impunity.
2) Ibid.
3) Ibid.
114
• Members of the armed forces rape a group of female

Deliberate Act detainees.
• An MP gives a hate speech targeting a specific group.
• The Ministry of Education is not taking measures to

Omission enable free education and ensure equal access to school
for girls and boys.
• Domestic violence continues uninterrupted in local
villages and the police, despite being well aware of it,
does not act to stop or prevent it.
• The government adopts an “urgent” decree which

Withdrawal amends right-based legislation and allows 10 days of
“incommunicado” for suspects of terrorism.
If crimes are committed directly by State actors, deliberate acts of human rights violations take place. Charges
against military, police, and other State actors need to be investigated promptly and tried accordingly in a court
of law. Accountability of State actors needs to be made transparent. Assistance and reparation of victims are also
important elements in ensuring redress against crimes.
In situations where crime is aided by lawlessness, popular justice can be common. In some cases, self-justice
by traditional systems can result in very cruel executions or ill-treatments without a proper trial or investigation.
Individuals may respond to crimes by committing new crimes.
In some cases, the distinction between crimes and human rights violations is more blurred. For example,
trafficking of human beings is a crime — often of a transnational nature — which is increasingly defined in terms of
human rights violations.
Discrimination
Discrimination is a violation of human rights. The principle of non-discrimination, based on recognition of the
equality of all people, is contained in national constitutions, the Universal Declaration of Human Rights, and in
major international human rights instruments. For example, the Convention on the Elimination of All Forms of
Racial Discrimination (ICERD) and the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) both define discrimination in their respective domains as violations of human rights.
Discrimination is any unfair treatment or arbitrary distinction based on a person’s race, sex, religion, nationality,
ethnic origin, sexual orientation, disability, age, language, social origin, or other status. Discrimination may be
an isolated event affecting one person or a group of persons similarly situated, or may manifest itself through
harassment or abuse of authority.4
4) Secretary-General’s Bulletin, Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority, 11 February 2008.
“Furthermore, the United Nations Commission on Human Rights has resolved that the term ‘or other status’ used in several human rights instruments
‘should be interpreted to include health status, including HIV/AIDS’, and that discrimination on the basis of actual or presumed HIV-positive status
is prohibited by existing human rights standards.” “HIV-Related Stigma, Discrimination and Human Rights Violations Case Studies of Successful
Programmes”, UNAIDS Best Practices Collection, 2005, 11. See also the definition provided by the OHCHR Plan of Action: “‘Discrimination’ is
shorthand, and certainly an inadequate means of describing the vast range of inequalities and indignities that are suffered by persons who are seen
as less able and less deserving by those wielding power, by reason of their race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Guarantees of non-discrimination figure prominently in every international human rights standard
because ideas of inferiority, inequality, or unwarranted distinctions between individuals are anathema to the notion of a common humanity, which is
the moral basis for these standards.” OHCHR Plan of Action: Protection and Empowerment, 2005, 8.
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State officials like police, judges, politicians, and policy makers are required to carry out their functions without
discrimination. The principle of equality sometimes requires States parties to take affirmative action in order to
diminish or eliminate conditions that cause or help to perpetuate discrimination. For example, in a State where the
general conditions of a part of the population prevent or impair their enjoyment of human rights, specific action
should be taken to correct those conditions. Such action may involve granting for a time to the part of the population
concerned certain preferential treatment in specific matters as compared with the rest of the population.5
Writing Exercise 9: Human Rights Violations »

Can you think of human rights violations committed by States directly or by omission in
situations of conflict and post-conflict?
Try to focus on violations which are relevant to conflict situations, and which would be
addressed through the work of different components — military, police, human rights
officers, rule-of-law officers, etc. — working in peace operations.
Section 5.2 Human Rights Problems Common in Peace Operations

Below are some of the issues faced by peace operations, both in conflict and post-conflict situations. Examples
are drawn from real situations, inspired by human rights reports and/or experienced while monitoring human rights
in contexts of peace operations.
Severe violations, from systematic killings and rapes to discrimination and omissions in providing protection by
States institutions, are very common problems in those contexts.
The accounts remain generic and not exhaustive. Furthermore, not all violations occur with the same intensity
and not all groups are discriminated in all countries hosting peace operations.
Taking life
Violation of the right to life can appear in different forms including exterminations and wilful killings of protected
persons (civilians, prisoners, or soldiers not taking part in hostilities); arbitrary executions by police or other public
officials; assassinations by death squads and militias; torture leading to death; politically motivated killings; death
following enforced disappearances or kidnappings; popular justice leading to brutalities; harmful traditional practices
leading to death; mutilations; killing members of a group leading to genocide; starvation; ethnic cleansing; etc.
These violations of core human rights are the ones that often go unpunished. The State and the peace operation
must address them immediately. Perpetrators must be held accountable and brought to justice and the victims must
receive assistance. Some of these violations may amount to international crimes and may need to be brought to the
attention of the Security Council and the ICC.
Denying the right to mental and physical integrity
Torture and other cruel and degrading treatment are very common violations in situations where law enforcement
mechanisms may be neither independent nor performing up to professional standards.
Violation of mental and physical integrity can occur in interrogation rooms, in military barracks, and in illegal
detention sites — situations in which women and girls are raped. Political violence and illegal business can lead to
5) CCPR, General Comment No. 18, Non-discrimination, Thirty-seventh session, 1989.
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Inequality: Lack of equality, in opportunity, treatment, or status (e.g. due to geographic

location, age, race, religion, sexual orientation, etc.).
Inequity: Injustice; unfairness (e.g. in the distribution of resources).
death threats, intimidations, or speeches inciting violence and causing fear, censorship, and displacement. Other forms
of violations include attempted executions that perpetuate fear and trauma; public humiliation of women accused of
being witches; physical insecurity of refugees and IDPs in camps or communities close to an armed group’s areas;
domestic violence leading to trauma or permanent disability; retaliation by perpetrators against witnesses and human
rights defenders; inhuman treatment in detention centres; migrants and traders arrested at borders and threatened
with extortion of money or goods; mentally challenged persons kept in cells or in isolated spaces; communities putting
stigmas on raped women, persons with homosexual orientation, and persons carrying HIV; harmful traditional practices
and punishments used against suspects of murders; etc.
Liberty and security at risk
Arbitrary detention is often a result of discrimination and abuse of power against debtors, opposition leaders,
young protesters, human rights defenders, demobilized combatants, prison officers bribed to keep persons in
detention or to make their escape easier, children detained with adults, use of unrecognized places of detention,
protracted detention without access to a judge, kidnappings and enforced disappearances, the holding of UN and
humanitarian staff as hostages, communities holding suspected murderers without a trial, women kept as slaves for
sex or labour, illegal taxes demanded while passing national borders, etc.
Lack of food and water, health care, clothes, and shelter
These are economic and social rights which need immediate application to help the population affected by
the conflict. Refugees, IDPs, and all conflict-affected communities need material, legal, and psychological support.
Women, vulnerable groups, and traditional leaders should never be disregarded as recipients and beneficiaries of aid
distribution.
Local workers and suppliers of agriculture, water, sanitation, clinics, and markets should receive immediate
support to complement international assistance and strengthen local know-how. In order to avoid clashes and
discrimination, a balanced approach must be adopted to address the needs of the people who have fled, as well as
the resident communities. Many children may be badly wounded and in need of urgent medical assistance.
Restrictions to freedom of movement
Waves of people who have lost properties and security may move towards borders to seek asylum elsewhere.
Or they may move to main towns within the same country to seek protection with relatives or to search for job
opportunities. Protection may be needed in refugee and IDP camps where discrimination may still be high and armed
elements may indulge in extortion or in the recruitment of children or in the spreading of fear.
Military and police may establish checkpoints, carry out searches and “preventive detention”, and justify such
harsh measures with the necessity to maintain law and order and public security.
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Militiamen gather in Guiglo, Cote d’Ivoire to begin the DDR process. August 2006. UN Photo #123063 by Ky
Chung.
Disarmament, demobilization, and reintegration of former combatants
Disarmament, demobilization, and reintegration (DDR) is a very delicate operation that can possibly affect
human rights. The three components must be conceived as part of a composite process, and not as separate
processes. Reintegration should guide the overall process starting with disarmament and not vice versa. Successful
DDR work should be quantified especially in terms of support to commitments and efforts by ex-combatants towards
starting a different life. Often the main focus is wrongly placed on the number of weapons retrieved.
Youth, children, and women associated with the conflicts may be manipulated by rebel commanders to meet
DDR requirements for gender balance with the sole intent of getting “disarmament money”.6
Reintegration requires protection for the abused and accountability by the abuser. Child soldiers represent a
blurred area requiring the presence of DDR and child protection experts. Efforts to retrieve childhood for child
soldiers require resources and strong protection mechanisms.
Demobilization and reintegration must avoid gaps in terms of time and strategy. Taking combatants out of the
war fields and reintegrating them into a civilian life with no opportunities can be very risky. Demobilized youth and
children may be recruited again in new regional conflicts or may join criminal gangs running illegal businesses.
Women are vulnerable as well and may be exploited.
Supporting demobilization, including psychological assistance and human rights sensitization, is not a mere
6) Current DDR-related interventions of peace operations depart from the traditional perspective of “one man one gun” and follow instead a gender-
aware approach. It is today key for DDR officers to include in the process a vaster group of individuals to avoid leaving out those who have took part
to the conflict with roles different than the fighter one. When it comes to women and girls, three main categories are identified: female combatants,
who took part in the conflict as active combatants; female supporters/females associated with armed forces and groups (FAAFGs), who took up,
voluntarily or forced, supportive roles within the armed group organization, i.e. cooks, nurses, sex worker, porters, etc.; and female dependants,
part of ex-combatants households. Such categorization responds to the need to understand and protect women’s rights, including economic ones,
when designing DDR benefits packages. Demobilization-related interventions, for example, foresee transitional support packages comprising financial
(cash) and material resources (housing-related items, clothes) and basic training (orientation programmes including on human rights). Gender
considerations, aimed at women’s reintegration and empowerment, can unfortunately clash with corrupt and violent intent where women and girls
(and also boys) are “used” by adult male ex-combatants to get additional benefits. United Nations Disarmament, Demobilization and Reintegration
Resource Centre, “Women, Gender and DDR”. Available from: <http://www.unddr.org/iddrs.aspx/>. See also: “Gender-Responsive DDR”.
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formality and needs to be provided properly with sufficient time and clear objectives and by ensuring follow up of
individual cases until reintegration is done. The support provided may include swift vocational training to demobilized
combatants and the creation of job opportunities through development projects.
Survivors who have lost their children and relatives at the hands of former combatants cannot easily accept the
sight of their murderers being fed and trained. Former combatants who committed severe violations need to be tried.
If not addressed, impunity can lead to discrimination, popular justice, and new conflict.
Natural resources and business
Conflict areas are often flourishing business areas. Illegal activities such as the trade of diamonds, exploitation of
rubber plantations, illegal mining, logging, exports of oil and natural gas, indiscriminate fishing and hunting, building
of hydro centrals, and illegal trade of indigenous intellectual and material property may continue undisturbed during
or after conflicts. This is particularly true in cases where trade of natural resources has been a major funding source
for combating forces.
Contracts, concessions, visas, and working permits can be distributed without rigorous planning to foreign
companies coming to the post-conflict areas to open businesses, restaurants, stores, and tourist resorts with little
reinvestment in the local economy and poor impact on local know-how, complicating the recovery of the already
fragile local economy.
Often, the international community through the Security Council imposes embargoes and sanctions on rogue
governments to deter them from committing human rights violations. On other occasions, government forces
themselves take measures equivalent to embargoes and sanctions to curtail the capacities of rebel forces. However,
the impact of these measures can turn out to be limited in the face of the huge profits obtained by the concerned
parties through illegal activities. The success of this “parallel economy” is usually built on severe human rights
violations. These may include eviction of indigenous peoples; the killing of traditional landowners; and oppression of
communities living in the areas; recruitment of children for hard labour; recruitment of combatants or mercenaries
for “private wars” and the protection of business cartels; bribery of national leaders; pollution of rivers and lands;
and deforestation and the destruction of local flora and fauna.
Illegal trade of natural resources (e.g. timber, diamonds, oil, rubber, etc.) fuels and sustains conflicts in many
areas of the world causing horrific human rights violations.7
Employments and salaries
The population of the hosting State often works in very basic conditions contrary to the international labour
standards. This affects the work of UN operations. It is hard to provide advice and to object to State violations in a
context where the monthly salary of a UN junior human rights officer is often more than a hundred times higher than
that of a circuit court judge.
In post-conflict situations, working conditions are usually very difficult, particularly in remote areas. Most of the
transportation and communication facilities are not usable, severely affecting trade (both internal and cross-border)
and making living standards more expensive. Salaries of public servants are paid with delays and often distributed
by public authorities travelling with the help of UN transportation (these public authorities often demand kickbacks
from the public servants). The informal sector also tends to boom unsystematically, with most of the people doing all
sorts of jobs without any contracts, insurance, or paid holidays.
7) See: Peace Operations and Natural Resources, Lesson 4.
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Recruitment of UN staff from among the locals may in some cases be the result of government pressure on the
mission. In many cases, it results in the UN national human rights officers being unmotivated to do the job or, in the
worst cases, being politically biased. On the other side, local people better connected with the local human rights
NGOs and civil society network, and willing to do human rights work, may lack sufficient educational background
making chances to get a post as a UN national officer more challenging.
Past abuses
Peace operations often work in an environment of impunity. With a conflict having just ended, violations are very
fresh in the hearts and minds of the population. Both State and non-State actors may have been directly involved in
killings, tortures, destruction, and looting.
Commitments to hold perpetrators accountable for past abuses need to be addressed in peace agreements and
peace operation mandates. Neglecting to do so can make it more difficult to build enough political commitment at
a later stage. Victims and witnesses can be under threat in the country or outside as refugees. Key perpetrators or
accomplices of egregious human rights violations can still occupy key positions within the police, army, government,
parliament, and religious bodies. It may be extremely frustrating for those previously violated to see these actors
escorted by UN security, shamelessly shaking hands in villages and communities where the people have been
deprived of their basic dignity during the conflict.
Peace agreements should provide for impartial investigation of past abuses, mechanisms to establish the truth,
and measures to ensure that perpetrators are brought to justice. Concrete provisions of peace settlements can provide
a framework for the work of peace operations based on stronger “political will”. One of the strengths of modern UN
peacekeeping is the capacity of not acting neutral when confronted with ongoing violations.
The UN should have the courage to insist that relevant authorities carry out investigations at the highest
level and provide evidence so as to incriminate perpetrators of past abuses. Cooperation of peace operations with
the International Criminal Court should be strengthened and peacekeepers should be tasked with the arrest of
international criminals.
Violations are not limited to mass murders. Ensuring offshore accounts with profits of illegal exploitation of
resources while the population is under attack should be an aggravating factor for individual accountability.
National reconciliation based on amnesty does not work for war crimes, crimes against humanity, or grave
violations of human rights, such as genocide. Truth and Reconciliation Commissions are very important in that they
analyse root causes of conflicts and provide victims and survivors a forum for symbolic reparation, institutional truth-
telling, and national healing. Such initiatives should reinforce and not conflict with the need to indict and prosecute
perpetrators. Unfortunately in many peace operations the number of cases brought to justice remains very low.
Reparations for victims are not tools providing money in exchange for silence. To be coherent they need to
be implemented jointly with criminal prosecutions. These comprehensive transitional justice policies are still very
weak support priorities of peace operations. It is important then to redefine peacekeeping mandates in view of
strengthening transitional justice efforts.
Administration of justice
Working with the national judiciary and law enforcement forces in peace operations is a very rewarding but very
challenging experience. Justice is in high demand in post conflict situations, but often resources and professionalism
are absent and human rights are violated by the very people expected to protect them.
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A UN Volunteer human rights team in Bogoro

investigates the 2003 Lendu militia crimes
committed against civilians in the area. Pictured
here is a witness showing the skull of an alleged
victim. October 2006. UN Photo #129577 by
Martine Perret.
There are several problems: denial of fair trial rights; corrupt courts; lack of lawyers; lack of judges; justices of
the peace trying murders;8 justices and police staying away from cases associated with magic/witchcraft/voodoo;
discrimination of women by traditional courts; lack of access to justice for women, the poor, the illiterate, and
former combatants; incompetence in hearing cases related to children who have violated the law; lack of redress
and fair treatment for victims; lack of privacy; lack of protection from possible retaliation against witnesses and
victims; lack of justiciability of economic and social rights; lack of training for judges; lack of courts, vehicles, and
equipment; meagre salaries for judges and police thereby motivating corruption and violative conduct; and registers
in police stations and prisons not properly filled (often police officers on duty simply avoid recording the entry of an
arrested individual, which undermines the responsibility and protection role of the State agency towards the person
is undermined).
Extended illegal detention without production before a judge is common. Other violations in the area of
administration of justice include excessive preventive detention for minor crimes; lack of respect for the right of
habeas corpus; illegal incommunicado; conflicts between local judiciary and police affecting defendants; military
courts taking up civilian cases; and police and military charges for severe violations being dismissed as simple
disciplinary matters.
Discrimination and violence against women
Discrimination and violence against women in peace operations is a cruel, visible, and widespread reality. It
is often the result of a wider negative picture, framed by a societal and institutional mentality adverse to women’s
advancement. In many societies, key power and decision-making positions are still exclusively awarded to men. This
is emblematic for institutions like the military and police as well as the parliaments, the former expected to protect
the population and the latter supposedly acting as the “mirror” of society.
Peace operations themselves deploying thousands of predominantly male contingents and with leaderships
mainly composed of males are often unprepared to deal seriously with the issue of gender equality and women’s
rights. Consequently, the benchmarks are very often achieved through superficial actions.
8) “Justices of the Peace” is a concept existing mostly in common law countries. They are judicial officers with limited power whose duties may include
hearing cases that involve civil controversies, conserving the peace, performing judicial acts, and hearing minor criminal complaints. They are usually
appointed or elected from the citizens of the jurisdiction in which they serve, and usually not required to have a formal legal education in order to
qualify for the office. Even if Justices of the Peace are to adjudicate on a very limited range of civil and criminal cases, it is not unusual for human
rights officers working in peace operations where legal systems include Justices of the Peace courts, and particularly in remote rural areas such as
those in Haiti or Liberia, to face cases of murders and other serious criminal matters adjudicated by Justices of the Peace. This situation is sometimes
related to the lack of sufficient competent judges in the territory; in other cases it can be linked with corruption.
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Violence against women reflects power discrimination and general societal inequalities which disable certain
groups from being genuinely independent. Violence can include sexual violence. In conflict situations, soldiers and
law enforcement personnel very often themselves rape and assault women or humiliate them verbally. Weapons are
often used against women by male soldiers, who often come in large groups to make the overpowering of women
that much easier. Alcohol-induced inebriation is a common cause for this behaviour. Even husbands at home may
sometimes interpret this power distortion in a violent manner. Domestic violence is often left unpunished and met
with the inaction of leaders and the silence of the community.
Systematic rapes are often perpetrated as a method of warfare; women are humiliated and may find difficulty in
returning to their communities and families. Lawlessness allows perpetrators to act with impunity and leaves survivors
with little to no recourse. Though women and girls are the primary targets of rape, men and boys may also be targeted.
Women may be killed by communities if suspected of witchcraft or adultery, or condemned when trying to move
out of their villages to seek independence. They may be denied property and inheritance rights, or become victims
of honour killings and mutilations or other forms of physical, sexual, and psychological violence and economic
exploitation. Violations also include lack of access to medical care; harmful traditional practices; detrimental
conditions while in detention; abductions of women and girls by armed groups; intimidation and threats by husbands
and other relatives; degrading treatment including forced nudity and illegal body search by police and customs
officers; deprivation of education; forced and violent prostitution; debt bonds; and extreme interpretation of religious
principles that categorize women as inferior.
Unfortunately, peacekeeping personnel themselves often aid in creating a demand for sex workers in mission
areas or in tourist areas in neighbouring countries, thereby leading to grave violations such as forced prostitution and
trafficking of human beings.
Child abuse
Children are considered the most vulnerable group in a society. They can be strongly affected and traumatized by
conflict and are extremely vulnerable when they lack reliable and constant assistance from families and institutions.
Abuses against children may include lack of education or discrimination by parents based on sex; high school
fees impeding all children to access education; contemporary forms of slavery including hard child labour in
private houses and in the business sector; recruitment of children or abduction of children for war purposes; illegal
orphanages; conflict traumas requiring specialized psychological support or specialized institutions; children accused
of being witches by traditional courts; children without recreational opportunities; street children driven into drug
consumption and trade; children sold for organs exploitation; child victims of pornography and sexual exploitation;
children mutilated or killed by mines; peacekeepers using children for sex or poorly paid hard work; unaccompanied
children of IDPs and refugees; children detainees kept in cells with adults, including criminals incarcerated for life;
girls who may be sexually abused during conflicts at home or at school; etc.
Peace operations in some cases have contributed to child abuse and exploitation. Many instances in which
peacekeepers have allegedly sexually exploited minors have been documented.
Protests and gatherings
Assemblies of people have always been perceived as a threat by oppressive regimes. Ideas can acquire a
different strength when shared with a group. An assembly can help build up social conscience and strategizing for
change. In post-conflict situations, as in other contexts, protesting peacefully could be a way to seek the attention
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UNMIL Human Right Section and UNMIL Police, in coordination with the Liberian National Police, conduct
an exercise to close down the operation of an illegally run psychiatric facility. The patients were taken
in to the custody of the State and were transferred for treatment into government run institutions, in
Monrovia, Liberia. November 2006. UN Photo #133416 by Eric Kanalstein.
of the government or the UN peace operation on sensitive issues such as reparation for past abuses, justice against
impunity, dignified retributions, water and sanitation, and indigenous people’s land rights.
Confidence in the police can be very low in countries emerging from conflict and human rights defenders
may be afraid of getting arrested before meeting with other activists. As a result, marches by students, women’s
organizations, political parties, and trade unions may sometimes be organized without getting police authorization.
Even if conducted in a peaceful manner, the police and military may violently interrupt marches and riots
and may use excessive force against peaceful demonstrations by opening fire and beating peaceful protesters.
Other problems associated with assemblies include the possibilities of clashes among different ethnic and religious
groups leading to death; hate speeches and messages during election campaigns such as announcements of ICC
indictments or other criminal proceedings against rivals; political campaigns turning into violent riots; use of suicide
bombings causing a huge number of casualties during public gatherings; denial of authorization to demonstrate due
to law-and-order priorities; etc.
Writing Exercise 10: Child Soldiers »

Answer each of the following items:
• Why would armed forces want to use children in warfare?
• What human rights of these children are being violated?
• How might being a child soldier affect girls and boys differently?
• If a child manages to survive and return to the home community, what are some of
the short- and long-term difficulties that she or he might face?
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A mother and child take refuge in the temporary housing facility in Karlovac, Croatia. August 1992. UN Photo #122009 by John Isaac.
Section 5.3 Groups Especially At Risk

In societies deeply marked by chronic inequalities and discrimination, conflicts and violence exacerbate existing
vulnerabilities and disadvantages. Often the more exposed individuals and groups are also those directly targeted by
attacks and violations.
Contemporary conflicts cause millions of people to flee their homes and end up in camps as refugees or internally
displaced persons. Others remain in their communities trying to cope with living standards at the limit of survival. With
the ceasing of conflict, threats do not necessarily cease. Armed elements, criminals and discrimination practices can
still affect groups at risk. Elderly persons, persons with disabilities, pregnant mothers and children are often among
the most endangered people facing all sorts of legal, physical, and medical adversities, including the lack of access to
justice, physical threats, and the lack of water and adequate food. Conflicts and violence can be used as pretext to wipe
out claims of certain groups, occupy their lands, and nullify their “weight” in the society.
Children
Human beings below the age of 18 years are considered “children”. They represent the most vulnerable group in
the context of a peace operation. Armed conflicts affect all aspects of child development. The impact on children, to be
understood, needs to be evaluated in terms of their dependence on women, families, and the communities. With the
fragmentation of those realities, children are more exposed to sexual exploitation and rape, malnutrition, illiteracy, and
inadequate health services.
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Children serving in armed groups, unaccompanied minors, children working in order to pay school fees, the elder
children of large families, and members of child gangs often display impressive maturity and independence. Some
of them may have “skipped childhood” and were forced to do without parental affection. Peace operations must be
capable of understanding those experiences and include aspirations and capacities of children in decisions affecting
development of communities where children, mothers, and teenagers often represent the majority.
Refugees
Refugees are persons who — owing to a well-founded fear of being persecuted on account of race, religion,
nationality, membership of a particular social group, or political opinion — are in a country to which they do not
hold citizenship, and are unable or unwilling to avail themselves of the protection of that country. Refugees are
persons discriminated and threatened within their own national borders that look for support outside their country of
nationality. Due to the lack of protection, they are forced to flee their country and are outside and unable or unwilling
to return home. Peace operations are expected to create the conditions for their safe and voluntary return. Even
while availing of assistance in camps in neighbouring countries, they can still be victims of attacks or discrimination
by armed elements or hostile local authorities and communities.
Internally displaced persons
IDPs are persons who have fled their homes or places of residence suddenly or unexpectedly as a result of
armed conflict, internal strife, systematic violations of human rights, or natural or man-made disasters, but have not
crossed an internationally recognized boundary. They find themselves in camps within their country or with relatives
and friends in main towns. This creates conditions of dependency and may create new vulnerability in a context
where poverty is widespread.
Women and girls
Despite the fact that national constitutions and tribunals declare the legal equality of women and men in the
society and in front of the law, women in many countries cannot participate in public affairs on an equal footing. They
do not have access to justice and can hardly bring their claims to the police, judges, employers, and local authorities.
They are often the ones subjected to the most difficult jobs while taking care of many children at the same time.
They have to wait for hours in the queue of dysfunctional autocracies to receive unsatisfactory advice and support.
They are paid less than men for the same jobs.
Interpretation of religious beliefs often position women as second-class citizens. Girls are often at more risk of
abuse than boys, their vulnerability compounded by the combination of being both females and minors.
Gender and human rights
“Gender” refers to the socially constructed roles, behaviour, activities, and attributes that a particular society
considers appropriate for men and women. The distinct roles and behaviour may give rise to gender inequalities, (i.e.
differences between men and women that systematically favour one group).
In turn, such inequalities can lead to inequities between men and women in both health status and access to
health care.9
9) For more information, please visit the World Health Organization (WHO) webpage: <http://www.who.int/topics/gender/en/>.
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Vulnerability Does NOT Mean Weakness! »

Some groups are disadvantaged simply because their claims are not heard, and they are
not empowered enough to take their rights into their own hands. Most of these groups
and individuals are victims of multiple and intersectional forms of discrimination (e.g. an
elderly indigenous woman responsible for two small children). Such discrimination increases
the level of their vulnerability and causes problems that require complex strategizing and
coordination.
Other working definitions10
• Sex: Sex refers to the biological characteristics that define humans as female or male. While these sets of
biological characteristics are not mutually exclusive, as there are individuals who possess both, they tend to
differentiate humans as males and females. In general use in many languages, the term sex is often used to
mean “sexual activity", but for technical purposes in the context of sexuality and sexual health discussions,
the above definition is preferred.
• Sexuality: Sexuality is a central aspect of being human throughout life and encompasses sex, gender
identities and roles, sexual orientation, eroticism, pleasure, intimacy, and reproduction. Sexuality is
experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviours, practices,
roles, and relationships. While sexuality can include all of these dimensions, not all of them are always
experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social,
economic, political, cultural, ethical, legal, historical, and religious and spiritual factors.
• Sexual rights: Sexual rights embrace human rights that are already recognized in national laws,
international human rights documents, and other consensus statements. They include the right of all
persons, free of coercion, discrimination, and violence, to:
-- The highest attainable standard of sexual health, including access to sexual and reproductive health
care services;
-- Seek, receive, and impart information related to sexuality;
-- Sexual education;
-- Respect for bodily integrity;
-- Choose their partner;
-- Decide to be sexually active or not;
-- Consensual sexual relations;
-- Consensual marriage;
-- Decide whether or not, and when, to have children; and
-- Pursue a satisfying, safe and pleasurable sexual life.
The proper implementation of human rights requires that all persons respect the rights of others.
10) The following definitions are taken from the WHO webpage: <http://www.who.int/reproductivehealth/topics/gender_rights/sexual_health/en/index.
html>.
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Minorities
Minorities usually have ethnic, religious, or linguistic characteristics that are different from the rest of the
population. In conflict and post-conflict situations, all minorities are likely to be vulnerable and in need of protection
and assistance.
They are entitled to all human rights without discrimination, including the rights to enjoy their distinctive
cultures, have their own schools, profess their religions, and use their languages. Ethnic, religious, and linguistic
minorities are often accused of association with fighting armed groups or being made responsible for negative
developments affecting a community.
Indigenous peoples
These are groups who were present on the territory of a country long before the establishment of a State. They
usually live in specific areas within the State, although cross-border communities who are present in one or more
States are common. They have their own culture, language, and a specific attachment to the native land and its
natural settings and resources, which often forms the basic sources of their livelihoods.
People affected by HIV/AIDS and groups vulnerable to its infection
HIV/AIDS does not discriminate between its victims. Both individuals of the hosting country, including military
personnel, police officers, and civilians, as well as peacekeepers with the UN operations may be carriers of HIV/
AIDS or be at risk of contracting it. Unprotected sexual activities can transmit HIV/AIDS and awareness is crucial
in controlling its spread. Women contracting the disease can transmit it to their children during pregnancy. In some
countries, victims of HIV/AIDS are perceived with fear and xenophobia. Ignorance about the disease may create
threatening alarmism and discrimination.
Stigma
which legitimize which causes
Violation of Discrimination
Human Rights
which leads to
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A scene from the protests that took place near UNAMA’s operations centre in Mazar-i-Sharif, Afghanistan. April
2011. UN Photo #468799 by UNAMA.
The poor
Rich sectors in conflict situations always constitute a very limited percentage of the population. In some
developing countries, there is hardly a middle class, making differences in wealth in those countries much more
evident. The rich usually have: easy access to justice and law enforcement protection; opportunities to travel in and
out of the country; housing in the urban areas with facilities for energy, water, and heating; sons and daughters
studying abroad; and bank accounts in foreign countries where investments are safer. Even if not part of the difficult
reality of the country, they are also those usually in positions of power in the government, parliament, and key
business companies.
Poverty itself often creates discrimination. Poor people can hardly take part in State decisions. They are not
able to use formal legal systems to pursue their claims. They cannot engage a lawyer; pay for medical treatment;
establish a life insurance plan; etc. Economic limitations due to poverty tend to have a multiplying and adverse effect
on access to basic human amenities. As such, these groups constitute a vulnerable section of the society, requiring
special attention.
The elderly
The elderly can be highly vulnerable in situations of conflict. They cannot escape due to lack of mobility or
physical strength and become easy targets of violence and reprisals. As families and communities disintegrate, older
persons may be left isolated and may require medical or other assistance from non-traditional sources.
In camps, there can be unaccompanied elderly people or children being cared for by older people. “First come, first
served” survival logic can be deleterious for old persons. They can be easy targets of theft. Queuing for food items,
carrying loads, accessing clothes for cold weather or fans for excessive heat can become real challenges.
128
When the conflict ends, their experience and potential for peacebuilding and social reconstruction may be
ignored. In communities or neighbourhoods of towns, elderly run the risk of being sidelined from decisions and
management activities.
Elderly persons are easy targets for intimidation and humiliation. In contexts where men traditionally enjoy
societal strongholds, elderly women in some indigenous communities are often accused of being witches and become
victims of popular justice or physical abuse.
Persons with disabilities
Persons with disabilities can be the target of passive compassion and social stigmas. They are often considered
inactive people and are segregated from the society in degrading institutions, including prisons, mental health
centres and orphanages, or at their homes isolated from social life. They are deprived of their liberty for long periods
of time, including what may amount to a lifelong experience, either against their will or without their free and
informed consent.
When under “protected custody”, persons with disabilities are frequently subjected to indignities, neglect, severe
forms of restraint and seclusion, as well as physical, mental, and sexual violence.
In the private sphere, persons with disabilities can be vulnerable to violence and abuse, including sexual abuse
at the hands of family members, caregivers, health professionals, and members of the community.
In conflict situations, they can find themselves in situations that are impossible for them to escape and can
end up becoming victims of attacks or physical brutalities. There might be others who are not disabled prior to the
conflict, but end up with disabilities as a result of inhuman methods of warfare such as the use of landmines.
Groups with different sexual identities and orientations
In some societies, same-sex partnerships and other sexual orientations can be considered taboos, if not crimes.
Gays and lesbians can be targeted by intolerant legislations, hostile law enforcement conduct, and community
intolerance.
Lack of information and general ignorance about their lifestyle often creates discrimination and social adversity
towards groups with different sexual orientations. Societies rooted on firm traditional principles may not be prepared
to accept formally gay or lesbian couples or individuals with other orientations who can be accused of deviancy and
become victims of violence.
Sexual orientation, like other issues affected by stigma and discrimination, remains in some contexts a delicate
matter, since it implies a more inclusive discussion of ethical, legal, and economic shared values in the domestic
sphere, the working environment, and in the public scene. States must fight violence and discrimination against
individuals who have the right to live with their sexual identity freely like every other human being.
According to the Committee on Economic, Social and Cultural Rights:
“States parties should ensure that a person’s sexual orientation

is not a barrier to realising Covenant rights, for example,
in accessing survivor’s pension rights. In addition, gender
identity is recognized as among the prohibited grounds of
discrimination; for example, persons who are transgender,
129
transsexual or intersex often face serious human rights

violations, such as harassment in schools or in the work
place.”11
The Human Rights Committee constituted under the International Covenant on Civil and Political Rights has
affirmed, in Article 2 of this covenant, that discrimination on the basis of sexual orientation is a violation of the
human right to non-discrimination.12
Peace operations can accompany legislative reforms and societal discussions that take into consideration the
conditions on the ground. In some contexts, people with sexual orientations that differ from the majority are arrested,
detained, threatened, humiliated and, in the worst cases, tortured, raped, and killed. Some traditional communities, for
example, consider homosexuals as evil and bad luck.
Sexual exploitation, human trafficking, and sexual tourism force individuals with different sexual orientations
into conditions of slavery. Peace operations must not ignore the responsibility to protect these people.
Sexual orientation describes a pattern of emotional, romantic, and/or sexual attractions

to men, women, both genders, no gender, or another gender. Though people may use other
labels or none at all; sexual orientation is usually discussed in terms of three categories:
heterosexual, homosexual and bisexual, with asexual being increasingly recognized as the
fourth.
Sexual identity refers to an individual’s conception of her/himself.
–Definitions taken from “Sexual Orientation & Homosexuality”,

American Psychological Association
Human rights defenders
Human rights defenders are individuals, groups, and associations who act to promote or protect human rights.
They can be popular persons in the host State with followers and a consolidated lobby; or they can be completely
unknown individuals struggling to address human rights concerns like summary executions, torture, arbitrary arrests
and detentions, female genital mutilation, discrimination, access to health care, etc. Sometimes they may be involved
in defending categories of persons like women, indigenous persons, or national, linguistic, or sexual minorities.
However, human rights defenders may also be extremely unpopular with the establishment or with the rival groups
who fear exposure of their respective violations by the defenders. As such, many human rights defenders work in
conditions of severe hostility.
Human rights defenders investigate, gather information, and report on human rights violations. Sometimes
their protest may be based on a sense of social justice and refusal of discrimination, rather than on precise laws,
which does not make them any less legitimate. Human rights defenders often belong on the side of the victims,
fighting impunity by revealing names of alleged perpetrators and taking positions considered “rebellious” by the
11) Committee on Economic, Social and Cultural Rights, General Comment No. 20, 2009. Available from: <https://tbinternet.ohchr.org/_layouts/
treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fGC%2f20&Lang=en>.
12) Toonen v. Australia, Communication No. 488/1992, decided by the Human Rights Committee on 4 April 1994. Available from: <http://hrlibrary.umn.
edu/undocs/html/vws488.htm>.
130
establishment. Others may take quieter but not necessarily less determined action, through teaching, for example,
or through the means of spirituality and religion. Others become defenders for the simple reason of doing their jobs
professionally, such as a policeman denouncing internal corruption or a member of a traditional community speaking
out against gender discrimination. The voices of all these “reformers” are crucial to support the fight against impunity
and that is also why human rights defenders can be in danger and must be protected by the peace operation against
possible reprisals and intimidations.
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1. Which of the following is a human rights 4. Who are internally displaced persons?
violation?
A. Persons who have fled their countries and
A. During a bank robbery, a police officer opens are unable or unwilling to return home due
fire against the thieves in self-defence but to possible persecution and human rights
accidentally kills a bank customer. The police violations
undergoes a legal proceeding and the widow B. Persons who have fled their homes or places
of the dead person receives reparation of residence as a result of armed conflict
B. During a bank robbery, two thieves kill four or violations of human rights, but have not
people and escape with the money. The crossed an internationally recognized border
police open an investigation. The two men C. Persons belonging to ethnic, religious, or
are still on the run linguistic characteristics that are different
C. During an armed conflict, a captain of the from the rest of the population
governmental armed forces launches a D. Persons who are migrating to neighbouring
grenade and kills two elements of the rebel countries for economic reasons
armed forces that were shooting against an
armoured personnel carrier 5. What is the main issue of concern
D. During a market day, two off-duty police
related to past abuses in contexts where
peace operations are deployed?
officers beat a woman who, according to
their statement, was trying to sell them A. Not enough is done to punish perpetrators of
rotten fruits past abuses

B. Past abuses are more difficult to prove
2. Rape is _____. C. Only war crimes and crimes against
A. a violation of the rights to mental and humanity can be tried and that requires an
physical integrity international court
B. an act of torture D. A perpetrator cannot be tried for having
C. a commonly used warfare method committed atrocities during the reign of a
D. All of the above past regime
3. Any unfair treatment based on a 6. Who are human rights defenders?

person’s race, sex, religion, nationality, A. Nobel Prize-recipients advocating for justice
ethnic origin, sexual orientation,
and equality in countries challenged by all
disability, age, language, social origin, or
sorts of abuses
other status is considered _____.
B. Student associations promoting a human
A. denial of social rights
rights drawing competition to collect funds to
B. discrimination
shelter street children
C. stigma
C. Local human rights NGOs taking risks
D. cruel treatment
to report on human rights abuses by
corporations
D. All of the above can be considered human
132
rights defenders 9. Human rights violations occur _____.

A. when a law, policy, or practice deliberately
7. Examples of non-State actors include all
contravenes or ignores obligations held by
of the following EXCEPT _____.
the State concerned
A. corporations
B. when the State fails to achieve a required
B. private military and business sector agents
standard of conduct or result
C. refugees
C. when the State withdraws or removes
D. armed opposition groups
existing human rights protections
8. Which of the following groups is the D. All of the above

most vulnerable in any society?
10. Who are indigenous people?
A. Women
B. The elderly
C. Children
D. Religious minorities
Answer Key »
1. D
2. D
3. B
4. B
5. A
6. D
7. C
8. C
9. D
10. Indigenous people are people who were present on the territory
of a country long before the establishment of a State, and who
have a specific attachment to the native land and its natural
settings and resources.
133
LESSON
6 Actions of Protection
Protection is at the core

of human rights work in
peace operations.
UN Photo #46570 by John Isaac.
Section 6.1 Protection: Definitional and • Understand fully the concept of protection, including
Operational Framework existing definitions and related actions.
Section 6.2 Protection of Civilians • Be able to relate human rights field activities to
different levels of protection (e.g. preventive,

Section 6.3 Protection of the Human Rights
remedial, and environment-building actions).
of Civilians in Armed Conflict
• Be familiar with key protection strategies, especially
Section 6.4 Protection through Presence and
for human rights work.
Access
Section 6.5 Building Protection Strategies
Section 6.6 Human Rights-based Approach
to Humanitarian Responses
134
LESSON 6 | Actions of Protection
Armoured personnel carrier manned by the members of the South African battalion of the United Nations-African Union Mission in
Darfur (UNAMID) drives through the village during patrol, as residents look on. July 2008. UN Photo #190265 by Stuart Price.
Section 6.1 Protection: Definitional

and Operational
Framework
Protection is at the core of human rights work in peace
operations. In many cases, UN missions are deployed to
situations where conflicts are still ongoing, violence and

abuses are rampant, and the lives and the physical integrity
at <https://www.peaceopstraining.
of the people are at serious risk. The most vulnerable groups org/videos/185/lesson-6-actions-of-
protection/>.
in these situations are not likely to survive on their own.
135
“When we say ‘protection,’ we are talking about protection of the

human rights of individuals as contained in international law —
including international human rights law, international humanitarian
law, international refugee law and international criminal law. The
authority of international law and the obligations of duty-bearers —
among all parties to conflict — cannot be replaced by more
amorphous notions of protection, or by less obligatory notions of
charitable action.”
–Navanethem Pillay
UN High Commissioner for Human Rights
from Open Debate on Protection of Civilians in Armed Conflict, 2009
In such situations, human rights protection is in permanent demand. The enormity of the challenge is such that
it requires the intervention of many actors. In areas infested by violence and armed threats, there is the urgent
need to meet directly the populations at risk in order to verify if abuses have been committed and, if so, by whom;
if the people have food, water, and medical attention; if victims need protection to go to the police, the hospital, or
elsewhere to contact relatives; or if they have been intimidated or obstructed in any way. There is also an urgent
need to assess what can be done to deter new violations from happening; how to keep the communication with the
population open; which mechanisms can enable them to protect themselves; and how to find the necessary support
and commitment, both national and international, to stop armed perpetrators and bring them to justice.
The complexity of conflicts, their causes and their effects, requires increased multitasking capacity of peace
operations’ personnel and partners. It requires a clear understanding of who’s doing what in terms of protection during
and after the escalation of a crisis. A neat and sequential process of protection in which humanitarian help, human
rights experts, and development agencies arrive in that order, is no longer a realistic or best practice.
“The protection of human rights is relevant at all stages of

conflict. Patterns of human rights abuse are a key precursor of
violent conflict, and when tackled effectively can halt escalation.
In the midst of conflict, efforts to protect human rights are
essential to save lives and may have a pacifying impact on the
conflict itself. Peace agreements that fail to address human
rights are unlikely to last, and insecurity in post-conflict
environments undermines confidence in the peace process.”1
Of course, a joint effort towards protection that can, depending on the actors involved, assume different
forms requires clear operational guidance. A large amount of effort towards protection can easily be wasted if not
rationalized according to experience, resources, and priorities.
1) OHCHR Plan of Action: Protection and Empowerment, 2005, 8.
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“Protecting a person from death by starvation is just as important

as protecting a person from death by summary execution.
Protecting a person from hypothermia is just as important as
protecting a person from torture. Some threats to human dignity
call for diplomatic or legal representation, and some threats to
human dignity call for the provision of socio-economic goods and
services.”
–David P. Forsythe
Charles J. Mach Distinguished Professor of
Political Science at the University of Nebraska-Lincoln
from “Humanitarian Protection”, 2001
A human rights-based approach to protection
Among actors involved in protection, humanitarian and
human rights professionals have been playing a constant role
in contexts involving peacekeeping operations. In Darfur, the
DRC, Afghanistan, and many other countries, professionals
have partnered with each other in very challenging conditions
to intervene in support of civilian populations targeted by
never-ending violations. Such partnerships are possible
through cooperation and understanding of mutual roles. The
meaning of protection in the field may be differently conceived
and, as such, it is important that respective methodologies and
principles are known to avoid overlapping and poor-quality
delivery.
Since 1996, a series of workshops launched by the
International Committee of the Red Cross (ICRC) have sought
to determine common professional standards for international
actors involved in protection work in armed conflict situations.2 Signe Poulsen (second from right), Human Rights
Officer of the United Nations Integrated Mission
The workshops led to a “working consensus” on the in Timor-Leste (UNMIT), and two officers of the
definition of protection which reduced drastically the distance Vulnerable Persons Unit of the Timorese National
Police, interview the mother of a victim of domestic
between humanitarian and human rights actors.
violence. January 2009. UN Photo #269848 by
Martine Perret.
2) Sylvie Caverzasio Giossi, Strengthening Protection in War: A Search for Professional Standards (Geneva: ICRC, 2001). In 2009 the consultation
process led to the adoption of professional “standards and guidelines”. Even if “not intended as operational guidance", the standards “reflect shared
thinking and common agreement among humanitarian and human rights actors on minimum but essential elements, as well as principles and good
practice required to ensure that their protection work is as safe and effective as possible”. ICRC, “Professional Standards for Protection Work carried
out by humanitarian and human rights actors in armed conflict and other situations of violence”, January 2009. Available from: <http://www.icrc.org/
Web/Eng/siteeng0.nsf/html/protection-interview-011209>.
137
Protection is ... »
All activities, aimed at obtaining full respect for the rights of the individual in accordance
with the letter and the spirit of the relevant bodies of law (i.e. human rights, humanitarian
and refugee law). Human rights and humanitarian actors shall conduct these activities
impartially and not on the basis of race, national, national or ethnic origin, language or
gender.
Any activity that:
• Prevents or puts a stop to a specific pattern of abuse and/or alleviates its immediate
effects;
• Restores people’s dignity and ensures adequate living conditions through reparation,
restitution, and rehabilitation; and
• Fosters an environment conducive to respect for the rights of individuals in accordance

with the relevant bodies of law.
–from “Strengthening Protection in War”

ICRC, 2001
Relevance of human rights law for all protection activities
The definition of protection (see the “Protection is ...” text box) confirms the relevance of human rights law for
all protection activities, including those meant to tackle the effects of armed conflicts. “Non-derogable” rights must
be protected at all times. Civil, cultural, economic, political, and social rights of the population, including of groups
at higher risk, are protected by human rights conventions. Accountability for international crimes is part of the
“responsibility to protect” strategy of States and organizations.
Human rights law is complementary to international humanitarian law in situations of conflicts. That the two
bodies of law are mutually reinforcing enables different actors to apply the best legal protection to the worst scenarios.
A protection that is free of discrimination is also a protection that understands vulnerability and is able to
intervene against inequalities.
“Human rights protection is not a specific tool or approach, but rather refers to a desired
outcome — where rights are acknowledged, respected and fulfilled by those under a duty to
do so, and as a result of which dignity and freedom is enhanced. Human rights protection
results when, through specific actions, individuals who otherwise would be at risk or subject to
deprivation of their rights, are able to fully exercise them. It is based on international law, and
necessarily focuses on both immediate responses where people are threatened, and on longer-
term work to build and strengthen laws and institutions that protect rights — within States and
on the global level.”
—from the OHCHR Plan of Action
138
Pattern of Responsive Remedial Environment

Abuse Action Action Building
The egg model
The definition of protection introduces a concept, adopted by ICRC, called the “egg model”. Such framework is
constituted by three different operational levels of action.
Preventive/responsive actions: Stop the occurrence of abuses and intervene to verify allegations of human
rights violations;
• Remedial actions: Work alongside victims and affected populations putting them at the centre of efforts
towards justiciability and redress; and
• Environment-building actions: Enhance sustainable protection mechanisms to alert on and prevent new
violations, and advance respect for rights.
All levels of protection can be activated simultaneously. Each level reinforces the other. It is, however, important to
note that different functions and capacities may be required for each level.
The egg model is relevant for the protective functions of the peacekeeping operations, such as deterrence,
intervention and advocacy, human rights monitoring, mentoring, reporting, establishing transitional justice,
mainstreaming human rights in humanitarian action, capacity-building, etc.
Remedial actions: The right of victims to reparation for human rights violations
• Restitution: Release of detainees, restitution of property;
• Satisfaction: Public apologies, truth commissions, criminal investigations against the perpetrators of gross
human rights violations;
• Rehabilitation: Legal, medical, psychological, and social measures for the rehabilitation of victims (e.g.
torture rehabilitation centres);
• Compensation: Compensation for pecuniary and non-pecuniary damages, either in monetary terms or in
kind; and
• Guarantees of non-repetition: Legislative and administrative changes, disciplinary measures.
139
Protection and capacity-building
Some environment-building activities are quite immediate, encouraging reformers in a government to defend
human rights-friendly policies, and stimulating debate in a country about human rights abuses. However, the effects
of complex capacity-building projects are not felt right away. Clearly, both the immediate and long-term activities are
necessary, but they play very different roles.
This relationship between protection and capacity-building is significant because of the political pressure from
some governments on the UN to do less work that acknowledges and responds to often serious patterns of human
rights violations and to do more “technical assistance", often seen as less confrontational and carried out only at the
request of the government. Where the human rights violations are deliberately carried out by, or on behalf of, the
government, or there is a lack of political will to end the violations, putting money only into technical assistance is
ineffective. Practitioners often say that one well-targeted conviction of a senior military officer responsible for torture
or extrajudicial executions is worth a thousand human rights training sessions.
“Where there is a minimum level of political will, building the

capacity of national institutions like the police, the justice
system or ministries can indeed lead to the violations being
addressed and leaves a vital long-term impact of the field
presence.”3
In some cases, a country may be affected by conflict and humanitarian crisis in some areas, while it may
be relatively stable in others. In such situations, it can be meaningful to activate the different protection levels,
from urgent responses to attacks, to long-term institution-building interventions. Whatever the kind of intervention
selected, what will not change is the meaning and scope of protection, namely making the rights of individuals a
concrete reality.
As the Secretary-General has pointed out, “technical assistance and long-term institution-building are of little
or no value where the basic principle of protection is being actively violated”.4 Preventive and responsive actions
are crucial in avoiding situations where conflict and violence resurface and push the country and the lives of people
back to fear and want. Emergency humanitarian assistance and long-term environment-building actions both risk
being useless if protection is not carried out at 360 degrees. This includes a firm approach towards accountability for
killing, torturing, and terrifying people.
Section 6.2 Protection of Civilians

With civilians being the main casualties and targets of armed conflicts, the Security Council — following the
recommendation of the Secretary-General that more attention be paid to the monitoring and reporting on respect
for human rights during armed conflicts — in a statement made on February 1999, requested that the Secretary-
General submit a report with recommendations on ways to improve “the physical and legal protection of civilians in
situations of armed conflict”. This Statement also pointed out the importance “to end such violations of international
humanitarian and human rights law” and “condemns all attempts to incite violence against civilians in situations of
armed conflict”.5
3) Nicholas Howen, “The Fundamental Protection Function of the Human Rights Field Operation”, in The Human Rights Field Operation: Law Theory and
Practice, Michael O’Flaherty, ed. (Burlington, VT: Ashgate Publishing Company, 2008), 37.
4) In Larger Freedom, 37.
5) S/PRST/1999/6.
140
“In 2000, the Security Council acknowledged that “deliberate targeting of

civilians or other protected persons and systematic, flagrant and widespread
violations of international humanitarian and human rights law in situations
of armed conflict may constitute a threat to international peace and security
requiring as such its attention and action.”
–from S/RES/1296 (2000)
This important development resulted in the first Security Council resolution on the protection of civilians (POC)
in armed conflict — SCR 1265 (1999) — which requests, among other things, measures to train United Nations
personnel involved in peacekeeping and peacebuilding activities in international humanitarian, human rights, and
refugee law — the “relevant bodies of law” for all protection activities.
POC: Aspects of peacekeeping operations
With the passing of SCR 1265 (1999), the Security Council expressed its “willingness to consider how
peacekeeping mandates might better address the negative impact of armed conflict on civilians”. In October 1999,
the first UN peacekeeping mission that explicitly mandated the providing of “protection to civilians under threat of
imminent violence” was deployed to Sierra Leone.
SCR 1265 (1999) was the first of many other documents devoted to POC. Since then, the Security Council
has passed several thematic resolutions on POC and has also integrated those concerns and imperatives in many
resolutions authorizing mandates of peacekeeping operations. The Secretary-General has also issued reports to
follow up on these resolutions and focus on specific issues linked with POC.6
A UN peacekeeper with the African Union-United Nations Hybrid Operation in Darfur

(UNAMID) is approached by playful children inside Abu Shouk Internally Displaced
Persons (IDP) Camp during his routine patrol. December 2009. UN Photo #424864 by
Albert Gonzalez Farran.
6) Some of the thematic Security Council resolutions on POC include Security Council resolutions 1894 (2009), 1738 (2006), 1674 (2006), 1502 (2003),
1296 (2000), and 1265 (1999). For a list of all POC thematic resolutions, protection mandates, and Secretary-General’s recommendations to the
Security Council from his Reports on Protection of Civilians, see: Cross-Cutting Report, Security Council Report, No. 4, 30 October 2009. Available
from: <www.securitycouncilreport.org>.
141
“The failure by the United Nations to prevent, and

subsequently, to stop the genocide in Rwanda was a
failure by the United Nations system as a whole. The
fundamental failure was the lack of resources and
political commitment devoted to developments in
Rwanda and to the United Nations presence there …
This lack of political will affected the response by
the Secretariat and decision-making by the Security
Council, but was also evident in the recurrent
difficulties to get the necessary troops for the United
Nations Assistance Mission for Rwanda (UNAMIR).”
–Lt. Gen. Roméo Dallaire

from Shake Hands with the Devil: The Failure of
Humanity in Rwanda, 2004
A United Nations soldier from Russia plays with a baby in a camp at

Ruhengeri. 26 July 1994. UN Photo #75924 by John Isaac.
POC is today a standing item on the agendas of both the Security Council and Secretariat and is a requirement
of most peacekeeping mandates.7
Such positive developments did not, however, always translate into effective practices for the protection of
people on the ground. Poor or absent political will at the Security Council, as well as at the troop-contributing
country (TCC) and host country levels, lack of sufficient resources, weak interpretation of protection mandates and
lack of protection strategies and directives often undermined effective POC by increasing “objective limits”.
Failures of peace operations are often consequent to insufficient protection of the population which results in
egregious violations continuing to be committed.8
Following some of the most outrageous failures in protecting civilians, the 2005 World Summit Outcome
Document outlined a global responsibility to protect populations from war crimes and crimes against humanity,
including genocide and ethnic cleansing, and enhanced the debate on POC.9 Subsequent resolutions have condemned
all acts of violence or abuses committed against civilians, in situations of armed conflict in violation of applicable
international obligations, including torture, gender-based and sexual violence, violence against children, the
recruitment and use of child soldiers, trafficking in human beings, forced displacement, and the intentional denial of
humanitarian assistance.
7) In 2002, the Security Council adopted an aide-memoire prepared by OCHA intended as a practical guide for peacekeeping operations. The aide-
memoire includes areas of interventions, primary objectives, and issues for consideration, and as well an index of legal references. The aide-memoire
certainly moves away from a mere theory framework; however, its implementation requires further steps in view of a more practical operational tool.
See: “Protection of Civilians in Armed Conflict, Aide Memoire”, in Human Rights Protection in the Field, B.G. Ramcharan, ed. (Boston, MA: Martinus
Nijhoff Publishers, 2005)
8) See: S/1999/1257, Report of the Independent Inquiry into the actions of the United Nations during the 1994 genocide in Rwanda. Available from:
<https://undocs.org/S/1999/1257>; and A/54/549, Report of the Secretary-General pursuant to General Assembly resolution 53/35: The fall of
Srebrenica, 15 November 1999, Available from: <https://undocs.org/a/54/549>.
9) S/RES/1674 (2006).
142
Physical protection
“UN peacekeeping mandates have changed, as the Council

has shifted peacekeeping well beyond its traditional role
of monitoring the implementation of peace agreements
over the last decade. Modern peacekeeping missions are
multidimensional, addressing the full spectrum of peace-
building activities, from providing secure environments to
monitoring human rights and rebuilding the capacity of the
State. Increasingly, such mandates also instruct peacekeeping
missions to put an emphasis on the physical protection of
civilians.”10
Physical protection is a key element of the broad protection spectrum. In peace operations, military peacekeepers
have a unique role to play in protecting the population from physical attack and offer them a shield under which to
recover.
UN peacekeeping operations today frequently have mandates aimed to ensure physical protection of vulnerable
individuals and groups. Physical protection may be needed also in contexts other than armed conflicts where urban
battles or organized criminality dominate the scene.
Everyone is aware of the terrible news coming intermittently from the Democratic Republic of Congo, Darfur,
South Sudan, Afghanistan, Iraq, Chad, and many other countries where peace operations are deployed. But there are
many other countries that are not supported by a peace operation, where attacks against civilians are also ongoing.
Physical POC cannot be viable without action to prevent killings and other abuses. Physical protection of
individuals is meaningless if State and non-State perpetrators continue to commit deadly violations with impunity.
“Imminent threat” and “physical violence” formulae contained in peacekeeping mandates often risk being
overwhelmed by the level of violence perpetrated in conflict and post-conflict situations. In those contexts, everybody
is under threat. In peace operations, cases of women being victims of rape and violence are countless. Indeed,
children dying of malnutrition or curable diseases and individuals ill-treated and kept arbitrarily in overcrowded
detention places are innumerable. There are also many cases of individuals living under death threats and intimidation,
of violations targeting human rights defenders and “reformers”, trafficked human beings, witnesses, and political
actors. Attacks against physical and mental integrity are endless. If conflict is ongoing or reinitiated, these concerns
take on increasingly greater proportions.
Relevant peacekeeping components have a role to play in ensuring POC, which include physical protection.
Human rights officers, for example, provide a deterrent effect by ensuring presence on the ground. They can
accompany victims who need to file a complaint or familiars who need to talk with a detainee. They can intervene
alone or with partners to address local authorities and seek guarantees for protection of the population. It is key
for peace operations’ partners involved in POC to have a common strategy. Appeals for stronger guidance and
coordination of POC have characterized the latest evaluations of peacekeeping operations.
10) Victoria Holt and Glyn Taylor with Max Kelly, Protecting Civilians in the Context of UN Peacekeeping Operations, Successes, Setbacks and Remaining
Challenges, 2009, OCHA/DPKO commissioned study. Available from: <https://www.unocha.org/sites/dms/Documents/Protecting%20Civilians%20
in%20the%20Context%20of%20UN%20Peacekeeping%20Operations.pdf>.
143
A UN soldier participates in a night patrol of Cité Soleil, the seaside slum near Haitian capital Port-au-Prince. January 2010. UN Photo
#425803 by Sophia Paris.
“In addition to providing physical protection, … operations carry

out a number of other important protection tasks including
promotion and protection of human rights, especially for women
and children, rule of law capacity-building, disarmament of ex-
combatants and security sector reform assistance, as well as
coordination of humanitarian agencies. There is still an absence
of overall protection guidelines and of a common understanding
of what protection of civilians actually entails.”11
DPKO and OCHA commissioned an independent study on implementation of POC mandates in UN peacekeeping
operations.12
The study noted progress in addressing the gap between expectations and capacity to protect. Some missions
had started developing practical guidance and testing techniques for responding to civilian protection challenges.
Other initiatives of peace operations such as development of mobile operating bases, integrated protection teams,
and integrated planning processes were also considered key for effective POC.
On the side of shortcomings, a more comprehensive approach was needed, particularly to integrate activities of
police and rule of law, human rights, and humanitarian actors in the field, which go beyond mere physical protection.
11) Cross-Cutting Report, Security Council Report, no. 4, 30 October 2009.

12) Victoria Holt and Glyn Taylor with Max Kelly, Protecting Civilians in the Context of UN Peacekeeping Operations, Successes, Setbacks and Remaining
Challenges (United Nations publication, Sales No. E.10.III.M.1). Available from: <https://www.unocha.org/sites/dms/Documents/Protecting%20
Civilians%20in%20the%20Context%20of%20UN%20Peacekeeping%20Operations.pdf>.
144
Areas identified included: protection guidance and adequate resources to match with protection mandates; compliance
with international standards and accountability to ensure effective implementation; proper monitoring capacity of
situations of conflict where civilians are affected in order to act when international peace and security is at stake;
and consistent application of best practices on the ground. Ensuring clear instructions for military peacekeepers that
enable prompt and firm responses towards violations and better coordination with partners is also a key step in any
future peacekeeping effort.
“For police, rule of law, human rights and humanitarian actors

in missions, the protection of civilians is a familiar concept and
each of these groups brings important contributions to mandate
implementation … More effective policing and law enforcement
techniques are essential in grappling with civilian protection
tasks …
National militaries, however, do not traditionally maintain

proactive civilian protection doctrines, operating concepts or
tactics beyond the requirements of international humanitarian
law. As such, the United Nations may need to take a lead, in
consultation with troop contributors so as to develop practical
guidance on options and factors for planners and commanders
to consider in implementing this mandate task. A mission’s
political, rule of law and security sector components also have
important roles to play in assisting host authorities in building
national capacity to protect civilians and in promoting early
national responsibility for protecting the population. Integrating
different perspectives and mission tools in the development and
implementation of coherent protection strategies is as critical as
it is challenging.”13
In November 2009, the Security Council adopted resolution 1894, which:
• Enhances engagement and close consultation with the Secretariat, troop- and police-contributing countries,
and other relevant actors;
• Recognizes the need for comprehensive operational guidance on peacekeeping missions’ tasks and
responsibilities in the implementation of POC mandates;
• Requests the Secretary-General to develop in close consultation with Member States, including troop- and
police-contributing countries and other relevant actors, an operational concept for POC;
• Requests to peacekeeping missions with protection of civilians’ mandates, in keeping with the strategic
plans that guide their deployment, to conduct mission-wide planning, pre-deployment training, and senior
leadership training on POC; and
• Requests to TCCs and PCCs, to ensure the provision of appropriate training of their personnel participating
in UN peacekeeping and other relevant missions.14
13) DPKO/DFS, A New Partnership Agenda, p. 20.

14) S/RES/1894 (2009).
145
Making Partnership Operational: MONUC’s Joint Protection Teams »

“Field protection activities” involving different components with different protection expertise,
including military, human rights, and humanitarian actors, were a part of MONUC’s working schedule
since 2005.
Those activities included the removal of threats against the civilian population using “cordon-and-
search” operations for the disarmament of combatants, buffer zones between opposite fighters, and
“area domination” strategy through frequent patrols, over flights, and mobile temporary operations
bases. Military components escorted human rights and other actors to areas not easily accessible or
challenged by insecurity and, when necessary, facilitated the evacuation of communities out of danger
zones.
Such tactics enabled the peace operation to protect

civilians dispersed or entrapped in remote areas
and added on to the protection already provided to
individuals and groups who had come to refugee
and IDP camps, demobilization camps, interim care
centres, UN bases, etc.*
JPTs are in line with such an approach. The teams

facilitate more effective communication between
the MONUC military and the communities they
are mandated to protect; provide witnesses and
victims opportunities to receive the necessary
Members of the South African battalion of the United Nations
assistance; meet with monitors and access justice;
Organization Mission in the Democratic Republic of the
and ensure that the conduct of the joint operation
Congo (MONUC) and part of the joint protection team arrive
is in compliance with international human rights at their mobile operating base in Pinga. February 2009. UN
standards. Photo #325918 by Marie Frechon.
Information gathered by JPTs enables them to identify human rights threats to civilians and
communities, including patterns and threats of sexual violence, and recommend preventative
measures. If threats are identified, follow-up investigations can be done and sensitive cases can be
referred to specialists.
Information collected and networks developed by JPTs help updating activities’ plans and contingency
plans to be used in the event of an armed attack. These actions also strengthen community
protection by establishing systems of communication with local authorities, civil society organizations,
and FARDC commanders, including referral systems for reporting violations and receiving support and
advice.
JPTs are also an advocacy and awareness tool. They can be used to improve knowledge and
responsibilities of local authorities and, depending on the circumstances, convey messages to
potential perpetrators.
* Victoria K. Holt and Tobias C. Berkman, “The Impossible Mandate? Military Preparedness, the Responsibility to Protect and Modern Peace Operations”,
2006. Available from: <http://www.stimson.org>.
146
MONUC’s Joint Protection Teams
• MONUC components: Civil Affairs, Child Protection, Human Rights, etc.;

Composition
• Civil Affairs will act as the focal point in the provincial office for JPT leaders;
• Military Observers; Disarmament, Demobilization, Rehabilitation,

Reintegration, Reconstruction (DDRRR); Public Information; and UNPOL ;
• UN humanitarian agencies and independent NGOs can also be invited to join

the mission or contribute with information depending on needs; and
• Regional Head of Office is designated JPT’s Team Leader and provides

supervision.
• Temporary deployment of Joint Protection Teams (1–5 days) falls under

Mandate MONUC’s mandate to protect civilians as provided by the relevant Security
Council resolutions.
• Coordinate with MONUC military on actions to address protection, including

Objectives protection against sexual violence;
• Support surrender to DDRRR of FDLR combatants;
• Enhance respect of international law by all parties;
• Establish confidence building and channel of communication with individuals

and local communities;
• Provide for protection advice where necessary; and
• Analysing political and social dynamics for protection planning purposes.
• MONUC military to take major security decisions, such as a decision to

Security evacuate the base or launch military operations;
• MONUC military responsible for the security of JPTs and for giving green light
to joint missions; and
• JPT’s operations to retain their civilian nature and objectives, under the
overall authority and control of the substantive section(s).
• Reports to be discussed by all members of the team and compiled by the

Reporting Team Leader;
• Reports to be sent to the focal point in the provincial office, for distribution
as necessary; and
• The Head of Office will approve final reports before sending them on to
senior management
147
All relevant peacekeeping missions with protection mandates must incorporate comprehensive protection
strategies into the overall mission implementation plans and contingency plans which include assessments of
potential threats and options for crisis response and risk mitigation and establish priorities, actions, and clear roles
and responsibilities under the leadership and coordination of the SRSG, with the full involvement of all relevant
actors and in consultation with United Nations country teams. Missions must ensure that local communities are
adequately informed on the role of the mission.
Building up on these protection practices, the concept of the Joint Protection Teams (JPTs) was formulated in
early 2009. The rationale was to provide more civilian support to MONUC military deployment. Through the JPTs,
MONUC military, including outposts, can better understand the socio-political context surrounding them and the type
of threats and implications for civilians. The JPT is one of the tools of the MONUC protection strategy. The latter is
developed through a rights-based approach involving remedial activities (such as ending impunity) and environment-
building activities (such as promoting respect for human rights, addressing vulnerable groups, rule of law).15
Never again? Failure to protect civilians in Darfur
“A civil war erupted in Darfur in 2003 between the Government

of Sudan and its allied militia, and other armed rebel groups.
Particularly during the first two years of the conflict, tens if not
hundreds of thousands of people were killed. Fighting continues
between the Government and the now splintered movements,
and 1.8 million people are estimated to be internally
displaced.”16
The findings of the Independent Commission of Inquiry (CoI), mandated by the Security Council to investigate
the effects of the conflict in Darfur, were released at the beginning of 2005.17 Detailed allegations of indiscriminate
attacks — including the killing of civilians, torture, enforced disappearances, destruction of villages, rape and other
forms of sexual violence, pillaging, and forced displacement — committed both by the government and armed
groups, were provided. “Evidence” gathered by the CoI was also key in ensuring a “robust” human rights presence
in the area and setting up the work of the International Criminal Court (ICC).18
15) Victoria Holt and Glyn Taylor with Max Kelly, 184–189.
16) UNAMID: African Union–United Nations Hybrid operation in Darfur. Available from: <https://unamid.unmissions.org/about-unamid-0>.
17) Report of the International Commission of Inquiry on Darfur to the UN Secretary General, Pursuant to Security Council Resolution 1564 of 18
September 2004 (January 25, 2005). Available from: <http://www.un.org/News/dh/sudan/com_inq_darfur.pdf>. The International Commission of
Inquiry on Darfur was established by UN Secretary-General Kofi Annan in October 2004. The Commission reported to the UN in January 2005 that
there was reason to believe that crimes against humanity and war crimes had been committed in Darfur and recommended that the situation be
referred to the ICC. See also: Access to Justice for Victims of Sexual Violence, Report of the United Nations High Commissioner for Human Rights, 29
July 2005. The report also reminds us that according to international criminal law, acts of sexual violence can constitute torture, inhuman treatment,
and, in certain circumstances, genocide.
18) S/RES/1590 (2005) provides the mandate of the United Nations Mission in Sudan (UNMIS) which ensures the “protection of human rights of all people
of Sudan through a comprehensive and coordinated strategy with the aim of combating impunity” and “an adequate human rights presence, capacity,
and expertise within UNMIS to carry out human rights promotion, protection, and monitoring activities”. The Security Council referred the situation
in Darfur to the Prosecutor of the ICC in SCR 1593 (2005) on 31 March 2005. The resolution requires Sudan and all other parties to the conflict in
Darfur to cooperate with the Court. It also invites the Court and the African Union to discuss practical arrangements that will facilitate the work of the
Prosecutor and of the Court, including the possibility of conducting proceedings in the region.
148
The African Union Mission in Sudan (AMIS) was deployed to
Darfur in March 2004. AMIS personnel’s initial mandate was quite
restrictive, limited to monitoring the terms of the humanitarian
ceasefire agreement between the government of Sudan and the
main rebel groups in Darfur,19 and to protect the monitors of the
ceasefire and themselves. In October 2004, the AMIS mandate,
and the number of troops, were strengthened (“AMIS-II”). The
new AMIS-II tasks included POC “under imminent threat and in
the immediate vicinity, within resources and capability, it being
understood that the protection of the civilian population is the
responsibility of the government of Sudan”.20
The task to protect civilians seemed challenging from the
start. Phrases such as “under imminent threat”, “in the immediate
vicinity”, and “within resources and capability” were tricky enough
and, if not supported by clear instructions, sufficiently vague to
make the “objective limit” an abyss.
The strong emphasis on the responsibility of the government
of Sudan for POC was also disabling for the African troops Image caption: Children at Zam Zam camp
for Internally Displaced Persons, in the Darfur
considering the lack of political will and the active involvement
region of Sudan. July 2004. UN Photo #14562 by
of the government in the attacks, which included air strikes of Eskinder Debebe.
villages and communities.
For many international and national observers, despite the efforts to enhance AMIS-II’s response, the mandate
remained very challenging and inadequate in addressing the needs of people under threat spread throughout the
vast territory. The limited number of personnel and the military logistics available to AMIS were not enough to
implement a serious protection strategy.21 A better mandate would have also enhanced opportunity of coordination
between AMIS and human rights officers on the ground to protect civilians and fight impunity.22
19) Following the escalation of the Darfur conflict in the Sudan, negotiations were hosted by Chad in N’Djamena in 2004, leading to the 8 April 2004
humanitarian ceasefire agreement between the Sudanese government and the two rebel groups, the Sudanese Justice and Equality Movement (JEM)
and the Sudanese Liberation Army (SLA). The ceasefire went into effect on 11 April 2004.
20) AU Peace and Security Council (PSC), Communiqué, PSC/PR/Comm (XVII), 20 October 2004. Other tasks included monitoring and verifying the
provision of security for returning IDPs and in the vicinity of existing IDP camps; monitoring and verifying the cessation of all hostile acts by all
parties; monitoring and verifying hostile militia activities against the population; monitoring and verifying efforts by the Sudanese government
to disarm government-controlled militias; investigating and reporting on allegations of violations of the humanitarian ceasefire agreement; and
protecting static and mobile humanitarian operations under imminent threat and in the immediate vicinity, within capabilities.
21) International Crisis Group, To Save Darfur, Africa Report No. 105, 17 March 2006. “The AU must strengthen AMIS’s mandate to enable and encourage
it to undertake all necessary measures, including offensive action, against any attacks or threats to civilians and humanitarian operations, whether
from militias operating with the government or from the rebels.” It is also concerning to note that all the “excuses” related to the lack of effective
protection due to an inadequate mandate, did not correspond, at the moment of the extension of AMIS mandate to 30 September 2006, to any
amendments in view of a better protection of civilians.
22) E/CN.4/2005/11 (28 February 2005). “The increased AU forces must be given a mandate to protect the civilian population, including internally
displaced persons and, where possible, disarm the militia. At present, the AU forces cannot intervene in any fighting. They can only investigate
incidents and report. Urgent consideration should be given to expanding the mandate of the AU in Darfur so as to include the protection of civilians.
The efforts of the AU should be further supported, particularly in the field of human rights. Coordination should be strengthened between the AU and
the Office of the High Commissioner for Human Rights, with a view to addressing human right abuses and breaking the cycle of impunity.”
149
“For the African Union, Darfur has become a test case for African peacekeeping. Increasingly
in humanitarian emergencies, regional and international military forces and police have
being called upon to protect internally displaced persons in camps, facilitate their returns
and safeguard humanitarian corridors and aid convoys. This is the first time the AU has
deployed forces for these purposes beyond its more traditional role of monitoring a ceasefire.”
–William G. O’Neill and Violette Cassis

from “Protecting Two Million Internally Displaced: The Successes and Shortcomings of the
African Union in Darfur”, 2005
The general criticism concerning the inadequacy of the AMIS mandate, however, was not always shared by
all. In some cases, concerned partners pushed for more initiative within the framework of the existing rules and
opportunities.23
Despite the findings and recommendations provided by the CoI, impunity continued to reign undisturbed. The
Special Criminal Court for the Events in Darfur set up by the Sudanese government reportedly to deal with serious
crimes, after impeding the ICC investigation, only tried low-ranking officials charged with minor offences and even
granted amnesty to two members of the Sudanese Military Intelligence convicted for murder.24
The unwillingness by the Sudanese government to deal with the serious crimes committed in Darfur gave the
ICC the green light to take over prosecution of crimes. On the side of AMIS forces, no real decisive action was taken
to pressurize the government to punish perpetrators, creating frustration among the international partners and
hunger among the IDP population. Other aspects — like the fact that AMIS troops rigorously obeyed the night curfew
imposed by the government — also raised questions on the significance attributed by AMIS to protection, leaving
communities more vulnerable to violations in the evening hours. The composition of the Ceasefire Commission —
whose representatives were high-ranking officers from the government, rebel movements, and the AU expected to
verify and judge complaints related to the possible violations of the ceasefire — slowed down rather than enhancing
the process towards accountability.25
Challenges to effective protection were also consequent to the lack of clear rules of engagement (ROE) and the
overall communication mismatch existing between the military mission leadership and the different commanders —
and personalities — based in the Darfur’s sectors.
23) Human Rights Watch, Sudan: Imperatives for Immediate Change (January 2006). “From the wide range of source documentation consulted by
Human Rights Watch, it seems that the mandate is sufficiently open-ended to permit flexibility in mission tasking to permit robust protection of
civilians and humanitarian operations. Such flexibility suggests that with good intelligence capabilities and high force mobility, and with AMIS forces
operating under clear, well understood and widely disseminated rules of engagement that permit deadly force to protect civilians and political will,
AMIS should be able to engage belligerents to prevent attacks against civilians rather than only reacting to them …The current AMIS II-E operation
does not require a change in mandate to permit the troops to provide robust civilian protection — AMIS can do that now with its current mandate.”
24) Human Rights Watch, Lack of Conviction. The Special Criminal Court on the Events in Darfur, June 2006. Available from: <https://www.hrw.org/
reports/2006/sudan0106/sudan0106web.pdf>. See also: Amnesty International, “Sudan: No One to Complain To — No Respite for the Victims,
Impunity for Perpetrators”, December 2004; and Report of the United Nations High Commissioner for Human Rights, “Access to Justice for Victims of
Sexual Violence”, 29 July 2005.
25) The mandate of the Ceasefire Commission included “receiving, verifying, analyzing, and judging complaints related to the possible violations of the
cease-fire” and “developing adequate measures to guard against such incidents in the future violations”. The Commission was overtaken by crimes
against humanity and war crimes. No serious follow-up was done on reports of violations by the Commission. In June 2006, a new Darfur Ceasefire
Commission (CFC) was inaugurated for monitoring all provisions related to suspension of aggressive actions as stipulated in the Darfur Peace
Agreement signed in May 2006.
150
ROEs were discussed in training sessions with military troops.26 Concepts such as “imminent threat” and
“immediate vicinity”, relatively straightforward when considered from a notional point of view, showed all their
ambiguity when applied to operational responses. There was no clear guidance on what to do in such circumstances.
AMIS soldiers had to brainstorm among themselves on how many kilometres were required to consider a threat as
being in the “immediate vicinity”.27
If ROEs are not appropriate for mandated tasks, the responsibility of commanders is called into question. For
trainers working with military personnel, it did not take much to realize that each sector Force Commander (FC) held
his own interpretation of the mandate. Commanders varied from promoters of decisive responses whenever needed
to “exclusionists” arguing the capacity of the troops to do any protection at all.
The importance of military presence in areas at risk was clearly proved by the constant flow of IDPs coming to
AMIS bases for support or taking shelter just outside their compounds seeking protection. The work done by AMIS
CIVPOL to provide enhanced protection in the IDPs camps or by the AMIS military to offer physical protection to
women walking for miles to collect firewood also proved to be crucial.
Many questions certainly remain. In the era of “never again", on the eve of the Millennium Declaration and the
R2P doctrine, how could another peace operation fail to protect?
Attributing responsibilities only to the regional AMIS operation — that certainly has been functioning with
resources and political will very inadequate for the tasks required — would appear inappropriate considering the
nature of human rights violations identified by the Commission of Inquiry on Darfur and the primacy role of the
Security Council on matters of peace and security.
Writing Exercise 11: UN Police Patrol »

Your mission today is to patrol areas of displacement and ensure that local law and order
authorities address security and justice needs. You and your UNPOL colleague are passing
through a community in a UN vehicle when you witness a group of around five IDPs being
assaulted by some villagers. One of the IDPs is hit and he is visibly bleeding. As you
approach, the men of the village tell you to stay out of it and that they caught the IDPs
stealing. Your colleague is the Team Leader and tells you that it is better just to leave since
it is nothing serious and people there are used to solving these kinds of problems at the
community level.
What do you do? Why?
26) As OHCHR trainer first, and a project officer afterward, between 2006 and 2008, the author took part in and backstopped the UN inter-agency project
for the Capacity-building of African Union forces. The project’s partners — UNDP, UNFPA, UNICEF, OHCHR, and AMIS — conducted a two-week rapid
training needs assessment involving IDPs, host communities, UN agencies, NGOs, AMIS and local administrations. Developed training materials
included participants and trainers’ guides on three major component areas (human rights and international humanitarian law, child rights and child
protection, and gender-based violence) along with a project brochure, which supported the training of 3,300 AMIS personnel (1,100 CIVPOL and
2,200 military personnel).
27) Human Rights Watch, Imperatives for Immediate Change. “The rules do not stipulate how they are to be applied to protect civilians and humanitarian
operations “under imminent threat”. There is no rule explicitly stipulating use of deadly force to protect civilians and humanitarian workers under such
circumstances — only non-deadly force is mentioned. This gap sets up a serious dilemma for unit and sub-unit commanders about what they can and
cannot do. Rule No. 5.2 states, “when competent local authorities are not in a position to render immediate assistance, detention of any person who
creates or threatens to create civil unrest with likely serious consequences for life and property is authorized”.
151
“To be effective in the protection of civilians, the Council must consistently work to ensure
accountability for perpetrators of war crimes, crimes against humanity and other gross
violations of human rights. The establishment of tribunals for the former Yugoslavia,
Rwanda and elsewhere, as well as the referral of specific cases to the International Criminal
Court, have helped to send an important signal that even in the “fog of war” impunity is
not assured. The dispatch of credible, independent, law-based, accountability-focused, and
publicly-reporting commissions of inquiry has proven to be an important catalyst in the
Council’s efforts to combat impunity, and more use could be made of such mechanisms.”
–Navanethem Pillay
UN High Commissioner for Human Rights
from Open Debate on Protection of Civilians in Armed Conflict, 2009
Section 6.3 Protection of the Human Rights of Civilians in Armed

Conflict
On 21 September 2008, the Human Rights Council adopted resolution 9/9 on the protection of the human rights
of civilians in armed conflict. The resolution called for an expert consultation to be convened by the Office of the High
Commissioner for Human Rights, in consultation with the International Committee of the Red Cross, on the issue of
protecting the human rights of civilians in armed conflict.
The purpose of the expert meeting was to avoid a purely theoretical debate and instead progress on issues
that have a daily impact on the ground. As the UN High Commissioner for Human Rights pointed out, “the challenge
ahead was, on the one hand, to reflect on more effective ways to ensure that human rights and humanitarian law
obligations were respected by parties to a conflict. On the other hand, when violations did occur, the analysis should
focus on the means to ensure accountability for those violations”.28
Actions that protect
Protection denoted all activities aimed at ensuring equal access to, and enjoyment by, civilians in situations of
armed conflict their rights as human beings as presented in international human rights instruments and international
humanitarian law.
This understanding of protection covered all categories of human rights, including:
• Action that prevented or put a stop to a specific pattern of abuse and/or alleviated its immediate effects,
such as responsive measures, including protection through presence, advocacy, and negotiations with
relevant actors, triggering interventions at higher levels, and through public denunciation;
• Protection activities aimed at restoring people’s dignity and at ensuring adequate living conditions through
reparation, restitution, and rehabilitation, including by providing access to justice, ending impunity, setting
up mechanisms for restitution of property, as well as creating and running institutions for the rehabilitation of
victims; and
• Activities aimed at fostering an environment conducive to respect for the rights of individuals.
28) A/HRC/11/31, 4 June 2009, 4.
152
It was agreed that protection activities must aim to prevent violations of human rights; to stop ongoing
violations; to prevent the recurrence of violations; and to repair, restore, rehabilitate, or compensate victims and
their families when violations had taken place.29
Prevention, response, and accountability
Implementation, monitoring, and accountability are all key to effective protection. To be effective they need to
be integrated in a “multipronged and multisectoral approach whereby measures for ongoing protection, rehabilitation
and accountability [are] regarded as a package”.30 Such an approach also recognizes the key role of human rights
treaty bodies, fact-finding missions and commissions of inquiry, and thematic Special Rapporteurs in responding to
situations of armed conflict. By ensuring the necessary independence and authoritativeness in the process, these
bodies support the fight against impunity and a change of attitudes.
Victims need to be proactively protected from violations of their human rights. In peacekeeping operations,
solid and preventive actions need to be carried out by actors with unique protection mandates such as peacekeeping
forces and police forces.31
The role of international tribunals in the prevention of conflict-related patterns of violations
International criminal tribunals contribute substantially to the prevention of human rights violations in conflict
situations.
“The prosecution of human rights and humanitarian law

violations had proved to be an important deterrent of further
violations and, therefore, an important mechanism for
ensuring the protection of civilians … What was required were
mechanisms that could ensure protection when potential
violations could take place, namely, the means to prevent and
mechanisms of early warning of potential human rights and
humanitarian law violations.”32
Section 6.4 Protection through Presence and Access
“Human rights activists and members of rural communities

who had been targeted during the conflict saw the Mission as
a source of protection. A network of field offices throughout
the country brought the Mission in direct contact with the
population, permitting individuals to lodge complaints against
the security forces and URNG members.”33
The mere presence of peacekeeping personnel in such places as the DRC, Timor-Leste, Guatemala, Haiti, Liberia,
and Darfur, has been, when postured correctly, an effective protection activity.
29) Ibid., 13.

30) Ibid.
31) Implementation and monitoring of human rights in situations of armed conflict and accountability for violations (session 3), Outcome of the Expert
Consultation on Protection of the human rights of civilians in armed conflict (OHCHR, Geneva, 4 June 2009). The report was considered by the Human
Rights Council at its 12th session.
32) Ibid.
33) A/59/746, 18 March 2005, Secretary-General Report on the United Nations Verification Mission in Guatemala. URNG refers to the Guatemalan political
party Unidad Revolucionaria Nacional Guatemalteca.
153
In missions requiring hard security measures, military
peacekeepers use armed protection tactics to deter or
confront attacks, to arrest unacceptable perpetrators and
bring them to justice, to provide escorts for civilian personnel
in need, or to quickly access remote areas to investigate and
interview.
Formed Police Units (FPUs) support local police forces in
engaging with tough crimes, including urban battles. They
penetrate slums inclined towards riots and social turmoil and
arrest individuals.
Unarmed military observers undertake foot or vehicle
patrols in villages, along borders, and in areas with presence
of armed groups. They meet traditional leaders, combatants,
and government military forces.
UN Police patrol and investigate crime scenes, traditional
community areas, urban settlements and slums, and work
with communities to implement community policing and
confidence building.
Effective protection is done through simultaneous

Officers of the Formed Police Unit of the Nigerian
contingent of UNMIL participate in a medal parade presence of different actors on the ground. This requires
to honour female officers. August 2008. UN Photo coordination and cooperation among different partners
#380740 by Christopher Herwig.
(stronger or softer depending on the level of institutional
capacity). In the mission area, humanitarian, human rights,
military, and police actors are all engaged in protection activities. The peace operation needs to tailor its protection
strategies to work and cooperate with external actors. Joint activities often need to be carried out in the field; on other
occasions, components and organizations may need to work independently, sharing information with the others later.
Both for the actors working in the field and for the local population benefiting from their presence, it is important
to know who’s who, who’s doing what, and what is expected by the mission as a whole and from specific offices.
Although such information is of obvious importance, the reality is that most of the time it is not known and that
there is often confusion on mandates. UN military personnel consider human rights officers as people engaged in
humanitarian work. The population may be surprised to see human rights officers showing up in peaceful villages
escorted by heavily armed peacekeepers. They need to know in advance what to expect. Children may get scared
and victims may be re-traumatized at the sight of soldiers in uniform.
It is not rare to have situations where different UN components or agencies are unaware of each other’s work
and show up with UN cars at victims’ residences at different times of the same day, posing identical questions but
creating different expectations.
Presence must give access
Areas and places where violations of human rights occur are often impenetrable, making proactive presence of
peacekeeping personnel important. In conflict areas, military personnel cannot penetrate fighting zones and protect
villages if not sufficiently equipped and informed. Communities associated with armed groups remain very hard to
154
United Nations Observer Mission in Georgia (UNOMIG) Military and Civilian Police
jointly patrol in the Gali sector of Abkhazia region, Georgia. January 2005. UN
Photo #64466 by Justyna Melnikiewicz.
access because of the unpredictable armed response of rebel elements; villagers and individuals working for the
rebel forces may violently oppose any UN access. Curfews and states of emergency imposed by governments can
limit freedom of movement of UN personnel during night-time hours.
Communities in remote areas are usually cut off from main communications. Lack of roads and bridges prevents
easy access. To reach the human rights office, individuals may take one week or more to walk under challenging
weather conditions and other more serious threats. If abuse is ongoing, victims may be prevented from leaving the
place. It may also be costly in terms of food, water, and transport.
Due to difficult access, or sometimes just because they are far from the UN base and a round trip visit would
take many hours, some places are either not visited at all by UN officers during the entire cycle of a peace operation,
or are visited just once or twice per year. The State may also have only a limited presence with no police, courts,
or formal schools. Water and sanitation may be absent and food may be scarce. Human rights violations may occur
irrespective of the density of population of different areas. It may be worth visiting all areas, including through
creative ways (such as trekking) if security measures are sufficiently in place.
Government authorities do not always allow human rights and humanitarian actors to access detention centres
and meet detainees; communities may prevent UN officers from following up on cases of domestic violence or other
discriminatory practices; armed non-State actors may require lengthy negotiations to allow humanitarian relief to
access communities; political polarization and proliferation of weapons can make IDP camps “no entry” areas putting
vulnerable individuals at risk.
Human rights officers may have a hard time accessing areas where they wish to work. Being seen publicly
monitoring and reporting on abuses can be risky and access to potential areas of abuses may be jeopardized.
All these challenges prevent protection and require good negotiation skills and information on relevant actors
with whom access can be negotiated. In the case of military and local authorities, meeting the leadership at the top
of the hierarchy may not be the right option and can sometimes worsen the situation. There can be distortion of
communication between political and military leaders in the capitals and operational commanders in the jungle. Each
time one will have to consider the specific case, but the general rule is to start negotiations locally.
155
Members of the Indian battalion of MONUC and the Forces Armées de la République Démocratique du Congo of the eighty-third brigade
and the second battalion, on joint border patrol, as residents go about their daily chores. June 2008. UN Photo #186556 by Marie
Frechon.
Presence must be visible
Visibility means making sure that:
• The people you meet know who you are;
• Mission offices are close enough to remote areas so as to repeat visits on a regular basis;
• UN/OHCHR logos are displayed on T-shirts and caps, and that delegation-like visits are carried out when
appropriate (though when a sensitive situation so requires, a low profile is kept instead, toning down the
organizational “marketing”;
• Adequately audible speeches are provided for entire communities, as are opportunities for their concerns to
be voiced and listened to; and
• The mission is transparent and frank, including when meeting armed opposition groups or interviewing
witnesses holding sensitive information.
Presence is a 24-hour-a-day business
Today’s peace operations are characterized by huge numbers of military, police, and civilian personnel and
advanced technological and other resources (e.g. communications, vehicles, decentralization of field offices, water
and food for entire contingents).
Particularly, military personnel constitute the biggest proportion of peace operations, often with thousands of
soldiers. Military peacekeepers can be present in areas where civilian components are not deployed and may be
required to monitor and receive claims from nearby communities. But the strategies need to be well coordinated
156
among different national contingents; otherwise, threats may simply displace elsewhere. In other cases, presence of
peacekeeping personnel may encourage post-visit harassment if follow-up on cases is not ensured (including sharing
information with civilian partners) and regular patrols are not maintained.
An open door policy to receive cases and individual cases is important. It provides visibility of the offices
and enables partnership building with local actors. Peacekeepers’ compounds are considered safe havens by the
population and it is not rare to see spontaneous camps cropping up just outside UN bases.
It is also important to reach the population in situations that are less comfortable, such as on days with inclement
weather or during late evening hours. If an imminent threat is probable or information about violations is transmitted
to the base, then the situation warrants immediate action. If security measures are followed carefully, presence can
be provided at any time. Peace operations should consider facilitating evening and night patrols not only for military
personnel but also for civilian ones. And if conditions on the ground during a joint field patrol suggest taking more
time to gather information or help restore calm — dinner can wait!
Writing Exercise 12: Fielding the Regional Office »

You have just arrived to the mission. You will be working as a human rights regional
coordinator in one of the country’s provinces. You have been in contact with an old friend
working with UNHCR in your future area of responsibility. Below is some of the information you
have obtained:
• Former combatants are still present in the eastern part of the province, which is where
most of the rapes, abductions, and physical assaults occur. Ten joint civil-military teams
established by the operations are operating in the province but no human rights staff
has taken part so far;
• The State machinery is scarcely present in the area. Only the police seems operative,
even if only two police vehicles are functioning in the entire province. Just one court is
functioning in the main town, though most of the cases are solved at the “traditional”
level, and not always with positive results;
• Most of the organizations on the ground are doing humanitarian work and are not able
to respond to claims coming from victims that are related to past abuses by armed
groups, violations of their land property rights, and police abuses;
• Manpower and logistics in the human rights office are stretched. Another regional
coordinator before you had requested four international and five national human rights
officers, and four vehicles for his office. All he could manage to obtain, however, was two
international and two national officers, along with two cars, one of which was very old
and could be used only in the town.
Considering all of the above, prepare a list of talking points that you will use during the
meeting with your boss to support your request for an effective presence.
157
For civilian personnel, such as human rights officers, presence enables them to:
• Meet, interview, and provide solidarity to victims, witnesses, and the people on the street;
• Get a sense of the psychological and physical state of the wounded and vulnerable and possibly seek the
intervention of an expert;
• Identify degrading conditions of detention, hospitalization, or absence of appropriate water and sanitation;
• Measure and verify sizes and lighting of cells;
• Talk frankly and firmly with undisputed or alleged perpetrators;
• Walk or drive on muddy roads to remote areas inaccessible to normal vehicles;
• Show discomfort with discriminatory and exploitative practices on the ground; and
• Feel “imminent threats” in areas surrounded by armed groups and recommend action to stem further
violations and provide remedy to victims.
Often the peace operation and UN agencies are not able to field human rights officers and humanitarian workers
outside major towns, due to ongoing insecurity and staffing pressures. Protection by presence must guide planning
and budget priorities. Meanwhile, creative solutions must be sought — including through partnerships and division of
tasks — to ensure presence and overcome lack of resources.
“Building a Strategy for Effective Protection” »

Information gathered should be able to answer to questions like:
• What institutions are most pivotal in stopping the greatest number of

abuses or altering the most damaging policies? What are the mission’s
relationships with these institutions?
• Who are the people in these institutions most susceptible to influence?

Who has decision-making power?
• What other forces or actors can influence these pivotal institutions? What
alliances can the mission build to maximize the combined influence?
• Which crises or situations can most effectively be used to generate

pressure on the perpetrators’ institutions?
• What security risks need to be taken in account? How do these differ for
expatriate and national mission staff? What are the optimal protection
roles for both national and expatriate staff in this context?
–Liam Mahony
from Proactive Presence: Field Strategies for Civilian Protection, 2006
158
Member of the parachute battalion of the South African contingent of the United Nations Organization
Mission in the Democratic Republic of the Congo (MONUC), on patrol around the village neighbourhoods.
February 2008. UN Photo #185330 by Marie Frechon.
Section 6.5 Building Protection Strategies

Human rights expert Liam Mahony identifies three main ways in which a field presence can contribute to the
protection of civilians: deterrence, encouragement, and by influencing societal attitudes:34
• Deterrence: Interactions on the ground reduce the political space of abusers and influence perceptions and
motivations of perpetrators, including of State armed institutions and armed groups;
• Encouragement: Presence empowers civilians to assert and claim their rights and increases the actions
available to them; and
• Influencing Societal Attitudes: Presence represents moral authority moral authority that can legitimize
institutional reform.
According to Mahony:
“The precondition for any effective protection strategy is

a constant process of information-gathering, analysis and
strategy building … The information-gathering process informs
an analysis, which in turn is used to create or amend a mission
strategy.”35
34) Liam Mahony, Proactive Presence: Field Strategies for Civilian Protection (Geneva, Henry Dunant Centre for Humanitarian Dialogue, 2006), p.
35. Available from: <http://www.globalprotectioncluster.org/_assets/files/tools_and_guidance/protection-cluster-coordination-toolbox/
proactivepresence_chd.en.pdf>. The research for this manual involved in-depth interviews with over 250 people, including field officers working in UN
peace operations (ONUSAL, MINUGUA, OAS/UN MICIVIH, UNAMET, UNMIS) and representatives of government, the military, armed groups, and civil
society. Fieldview Solutions, founded and directed by Liam Mahony, carried out an OHCHR assessment exercise related to the expansion of Human
Rights Field Operations between 2005–2010. More information can be found at: <http://fieldviewsolutions.org/>.
35) Ibid., 37.
159
Five main strategies can enable effective presence:36
1. Sustained Multi-level Diplomacy

Methods include: identifying a range of actors, including
national and local government authorities, alleged abusers,
community and business leaders to be targeted; developing
and adopting organization-wide messages that personnel can
adapt to their experiences and adapt consistently; opening as
many channels of communication as possible; creating a culture
of respect and transparency, mutual consultation, and open
handling of accusations; and mastering different communication
techniques.
2. Conscious Visibility
Methods include: developing “institutionalized” mechanisms
of presence such as regular points of contact and time
schedules for meeting; responding rapidly to crises with visible
visits showing solidarity and concern; deploying sub-offices
throughout the territory; carrying out regular visits to rural
areas and ensuring follow-up to prevent reprisals; providing
direct accompaniment for individuals and groups at risk; being
careful to avoid harmful consequences, and seeking ways to
“cater” the international “visibility message” to national and
local protection organizations in need of empowerment.
Human Rights Officer Signe Poulsen (right) and Human Rights Assistant Cristovao
de Jesus, both with the UN Integrated Mission in Timor-Leste (UNMIT), walk past
burnt houses in the village of Galitaz, near Suai, Timor-Leste. August 2011. UN
Photo #493274 by Martine Perret.
36) Ibid., 47–104. On modes of actions employed by humanitarian actors to build protection strategies, and particularly ICRC, see: Hugo Slim and Andrew
Bonwick, Protection: An ALNAP Guide for Humanitarian Agencies (London: Overseas Development Institute, 2005), 83. Available from: <https://
www.odi.org/sites/odi.org.uk/files/odi-assets/publications-opinion-files/2346.pdf>. See also: Alain Aeschlimann, “Protection: The International
Committee of the Red Cross Experience”, in The Human Rights Field Operation: Law, Theory and Practice, Michael O’Flaherty, ed. (Burlington, VT:
Ashgate Publishing Company, 2008), 228–242.
160
3. Active Encouragement and Empowerment

Methods include: incorporating civil-society groups and
local experts in information gathering and analysis when
appropriate; developing an understanding of strengths and
weaknesses of local civil society; identifying key organizations
with potential for a multiplier effect; keep looking for possible
ongoing meetings and local collaborations before concluding
that no organized civil society is present in a specific
area; providing protective presence for the vulnerable and
stigmatized; developing mechanisms to involve civil society
directly in the missions’ work and for regular dialogue with key
civil-society groups; offering skills-building support on security
and protection, international law, and human-rights monitoring;
supporting civil-society efforts that contribute to human rights
and protection, both financially and politically; and organizing
joint missions with local and national groups.
4. Convening and Bridging

Methods include: being in contact with polarized groups,
victims, and perpetrators; enhancing the voice of marginalized
groups; raising issues that could be dangerous for local groups
to raise; organizing multipartite delegations or investigations;
organizing workshops or other events involving multiple
parties; creating longer-term mechanisms as working groups,
commissions, or humanitarian accords; creating early warning
mechanisms that assemble representatives from government,
civil society, and international community to diagnose local
risks; and facilitating contacts between local and national
actors with influential international groups, including visiting
delegations, rapporteurs, and diplomatic corps.
5. Public Advocacy
Public advocacy requires a variety of techniques including
public reporting and follow-up strategy, working with the
media, taking part in public campaigns and other events, and
the strategic use of high-level visits by special rapporteurs
and VIPs. Encouraging the taking of action by other relevant
actors such as UNCTs, heads of agencies, deputies SRSG,
and committed influential national actors could also be very
important. Each situation will require a different balance
between “pointing and shaming” and sharing public concern.
161
Protection strategies include preventive, remedial, and environment-building activities and require specific skills
to be implemented. Immediate protection and long-term work are not mutually exclusive. Long-term actions build
on “emergency” actions to achieve long-term sustainability. By consolidating results achieved in the immediate
and short-term, sustainable trends can be built (e.g. State actors committed from the start to achieve peace and
enhance justice can act as “reformers” and contribute to national sectoral reforms in the long-run). Interviews with
grassroots representatives, traditional leaders, and victims and witnesses surviving the conflict may often provide
information, which, when properly analysed, may help in mapping the conflict (root causes, relevance of ethnic and
community lines, economic factors), in tracing structures of power and communication, and in identifying solutions
through development and political interventions.
Accountability “from the start”
Waiting for elections and “new committed governments” to address claims and reparations result most of the
time in an amputated process, which keeps victims hostage to the effects of conflicts, while rewarding the murderers.
It is the type of response we give to the worst violations, combined with enhancement of dignified living
standards, which constitutes concrete steps towards empowerment and participation.
In the context of human rights field work, gathering information and findings of analyses on appropriate
protection strategies are all worthwhile activities.
Adequate training
In the context of human rights field work, gathering information and findings, analysing trends, and building
appropriate protection strategies are all activities that require rigorous methodology, which must be shared among
all the national and international professionals carrying out human rights functions in the peace operation.
Getting access through armed rebel groups, advocating for the fight against impunity in front of potential
international criminals, collecting confidential information from witnesses and victims, and denouncing crimes through
public reports and media, requires knowledge and skills that can be acquired through practical training (which can
include on-the-job training when working with more senior and experienced colleagues). Building techniques and
skills on monitoring, communication, and coordination with partners is very important.
Courage, intended as “moral courage” rather than bravery, is also an important asset for effective protection.
Certainty and readiness to accept “plan Bs” are healthy approaches to protection work that help preventing harm
to ourselves and others. Field experience is important, but training and continuous learning on human rights and
protection, including for “veterans” of human rights work, remains key.37
Section 6.6 Human Rights-based Approach to Humanitarian

Responses
The definition of protection — preventive, responsive, remedial, and environment building — enables greater
understanding between humanitarian and human rights actors and provides the foundation for a human rights-based
approach to humanitarian responses.
37) OHCHR and DPO conduct training activities for personnel of peacekeeping operations. This includes pre-deployment training for TCC and PCC
personnel, and induction and in-mission training, including human rights modules. OHCHR produces and constantly updates training material on
human rights, including on thematic training and specific human rights functions. OHCHR training material can be found at: <http://www.ohchr.org/
EN/PublicationsResources/Pages/TrainingEducation.aspx>.
162
Today, the humanitarian community, represented by the Inter-Agency Standing Committee (IASC),38 recognizes
the relevance of human rights intervention in emergencies as well as in peacebuilding activities.
“Human rights violations and resulting protection issues are

frequently a feature of complex crisis situations and are often
a significant source of the problem that has contributed to, or
been exacerbated by, armed conflict. For instance, patterns of
discrimination against minority groups are often the triggers
for armed conflict and crisis. Similarly, the failure of the State
to check corruption and ensure the welfare of its people can
result in political upheaval and turmoil which again may lead to
an escalation of human rights violations. Commonly, the lead
into crisis is also marked by a weak or ineffectual legal and
judicial system and the erosion of democratic governance and
accountable administrations.
Once underway, complex crises can, by their very nature, be

understood in part as human rights emergencies since they
constitute deprivation of the fundamental rights of the victims
to life.
Complex emergencies also typically involve, or are greatly

exacerbated by, multiple forms of deliberate violations of
human rights of civilians. Disasters associated with natural
hazards may also be so exacerbated. Such violations can
range across the spectrum of economic, social, cultural, civil,
and political rights. This may include, for example, the denial
or blocking of humanitarian access and assistance, or the
destruction of agricultural land and the poisoning of wells, or
the killing, mutilation and sexual assault of civilians and the
forced recruitment of civilians, including, children to serve as
soldiers. Vulnerable groups, such as female-headed households,
children, members of minority groups and the uprooted — both
refugees and internally displaced persons (IDPs) — can typically
experience multiple forms of human rights deprivation.”39
38) The Inter-Agency Standing Committee (IASC) is an inter-agency forum for coordination, policy development, and decision-making involving the key
UN and non-UN humanitarian partners. The IASC was established in June 1992 in response to United Nations General Assembly resolution 46/182
on the strengthening of humanitarian assistance. General Assembly resolution 48/57 affirmed its role as the primary mechanism for inter-agency
coordination of humanitarian assistance. Under the leadership of the Emergency Relief Coordinator, the IASC develops humanitarian policies, agrees
on a clear division of responsibility for the various aspects of humanitarian assistance, identifies and addresses gaps in response, and advocates for
effective application of humanitarian principles. Together with Executive Committee for Humanitarian Affairs (ECHA), the IASC forms the key strategic
coordination mechanism among major humanitarian actors. For more information, visit the IASC website at: <http://www.humanitarianinfo.org/
iasc>.
39) Inter-Agency Standing Committee (IASC), “Human Rights Guidance Note for Humanitarian Coordinators”, June 2006, 2. Available from: <https://
interagencystandingcommittee.org/human-rights-and-humanitarian-action/documents-public/iasc-human-rights-guidance-note-humanitarian>.
163
Raising human rights protection concerns with humanitarian partners: The cluster approach
In 2005, the UN Emergency Relief Coordinator (ERC),40 in close coordination with the IASC, initiated a reform
process of the humanitarian system. The Cluster Approach was conceived to increase the overall coordination of
humanitarian initiatives at the global and field levels by clarifying agencies’ responsibilities and leading roles in areas
of common intervention.
The rationale behind the cluster approach is that the complexity of the conflict-related humanitarian crisis in the
host country makes it beyond the scope of any one agency’s mandate to respond adequately to different situations.
As such, there needs to be a multi-sectoral response. The clusters underpin the need to move to a more effective
mechanism, where UN agencies deployed in the operation area could meet regularly, share information, design
strategies, and define responsibilities and tasks.
A “cluster” is essentially a sectoral group. The idea is that global clusters complement arrangements in sectors or
areas of activity where leadership and accountability are already clear (e.g. agriculture [FAO], food [WFP], refugees
[UNHCR], human rights [OHCHR], and children [UNICEF]).
There are several global clusters for response areas led by different focal agencies. OHCHR is a member of
the Global Protection Cluster (GPC), and participates in (or co-chairs) a number of clusters at the country level.
Additionally, at the global level, OHCHR together with UNDP has assumed the role of focal point agency for rule of law
protection response (Rule of Law & Justice Sub-Working Group). In line with its mission statement:
“The Rule of Law & Justice Sub-Working Group aims to facilitate

a more predictable, accountable and effective rule of law
response and operational support in complex emergencies,
disasters and other such situations. The Rule of Law & Justice
Sub-Working Group seeks to support cohesive, interagency
rule of law responses at the field-level through global level
advocacy, standards and policy setting, capacity-building and
tool development.”41
OHCHR and UNDP are active members of the Rule of Law Coordination and Resource Group (RoLCRG) which
coordinates the UN’s global efforts on rule of law.42
The first clusters were established during 2005 and 2006, and their presence increased thereafter in the
following years. At the beginning, coordination among different actors was quite challenging due to differences in
specific institutional approaches and methods, and because these actors were not immediately ready to “surrender”
to the new mechanism which was somehow perceived as intrusive.43 Time helped and the approach earned more
confidence. Clusters are now implemented in all major crises requiring a UN multi-sectoral response. For peace
operations, it is the UN Resident Coordinator (Humanitarian Coordinator/DSRSG in the mission) who communicates
the decision to use the cluster approach to the Emergency Relief Coordinator.
40) The UN Under-Secretary-General and Emergency Relief Coordinator (USG-ERC) is responsible for oversight of all emergencies requiring United
Nations humanitarian assistance. He also acts as the central focal point for governmental, intergovernmental and non-governmental relief activities.
41) The Terms of Reference of the Rule of Law & Justice Sub-Working Group.
42) More information can be found at <https://www.un.org/ruleoflaw/un-and-the-rule-of-law/>.
43) At the end of 2005, the author was serving as a human rights officer with UNMIL Human Rights in Liberia, when the clusters were first introduced.
With UNHCR taking the lead and chairing the Protection Working Group, the “innovation” created some confusion particularly among the community
of local NGOs and civil society, who were already attending a “Human Rights and Protection Working Group” chaired by the UNMIL Human Rights
& Protection component. Concerns were also expressed for the “fast” empowerment of some local UNHCR implementing partners tasked with
monitoring sensitive individual cases related to sexual and gender-based violence (SGBV).
164
Not all the global clusters need to be represented at the field level. There is flexibility. In the context of
peacekeeping, for example, clusters will be chosen according to the needs on the ground. There may be cases
where some clusters are not needed; more clusters can be merged together and clusters’ leaderships can adapt to
operational realities. In such cases, it is important that designated clusters in the field and global clusters stay in
communication to ensure that agreed global standards/procedures are applied.
In peace operations, OHCHR is represented by the missions’ human rights components. In some contexts, such
as in Afghanistan, Burundi, Chad, Haiti, Iraq, Nepal,44 and Timor-Leste, the human rights office of the mission leads
the protection clusters.
Responsibilities of clusters at the field level may include:
• Establishment of appropriate coordination mechanisms;
• Coordination with national/local authorities, local civil society, etc., using participatory and community-
based approaches;
• Attention to priority cross-cutting issues (age, environment, gender, HIV/AIDS, etc.);
• Needs assessments and analysis;
• Emergency preparedness;
• Planning and strategy development;
• Application of standards;
• Monitoring and reporting;
• Advocacy and resource mobilization;
• Training and capacity-building; and
• Provision of assistance and services as a last resort.
The cluster approach revolves around the concept of partnership between UN agencies, NGOs, international
organizations, humanitarian organizations, the International Red Cross and Red Crescent Movement,45 and national
authorities. Smoothness of “alliances” and dynamics depend, of course, on the reality in which the clusters operate.
It is also important to remember that the primary responsibility of the humanitarian coordination and response
in a specific country stays with the host State. In situations of natural disasters, it is often the State that leads the
humanitarian efforts backed by the clusters. In other situations, like armed conflicts, where the host State may be
involved in the fighting and its will and/or capacity to help the population may be weaker or non-existent, some
humanitarian actors within the clusters may require more operational independence.
Additionally, some concerns pertaining to the effective functioning of the Cluster Approach arise. First, in
circumstances where national actors are left out of the clusters process, the humanitarian efforts risk to operate
in a politically sensitive — and dangerous — environment and their action in the long run may not be sustainable.
Second, the issue of operational independence may result in conflictive perspectives particularly in the context of
peace operations which deal with conflict and post conflict situations in an integrated manner.
44) In Nepal, OHCHR is present with the biggest stand-alone human rights field operation ever. The Office works in close coordination with UNMIN, a
DPPA-led peace operation.
45) The International Red Cross and Red Crescent Movement takes part in the sectoral meetings only as observers.
165
The “Cluster Approach Evaluation", carried out at the end of 2009, indicated that:
“when it is no longer voluntary, closer cooperation threatens

to undermine independence, neutrality and impartiality for
example when humanitarian organizations are financially
dependent on clusters or their lead agencies, or when
clusters or their leads have close links to integrated missions,
peacekeeping operations, governments or other actors that
are parties to the conflict. Many humanitarian actors consider
it inappropriate to pass information relating to the situation
and protection issues to actors involved in the conflict. This
can occur, for example, because the representative of the
High Commissioner for Human Rights who participates in
Protection Cluster meetings simultaneously serves as head of
human rights components in peace missions. While this can
improve the information flow between different actors, the
threat posed by these situations to humanitarian principles
has been an important concern for a number of NGOs and
other humanitarian organizations. It has deterred their active
participation in the cluster approach, especially in highly
politicized contexts such as Chad, Somalia or Afghanistan.
In Haiti, for example, the ICRC withdrew from the Protection
Cluster because of its link to the peacekeeping mission. This
risk has also been recognized by some UN agencies, including
UNHCR and the Protection Cluster Working Group, which
determine their form and level of integration based on an
analysis of the situation at hand.”46
One of the key areas of the clusters’ intervention is “to make the international humanitarian community a better
partner for host governments, local authorities and local civil society, and to avoid situations were governments have
to deal with hundreds of uncoordinated international actors”.47
The evaluation exercise notes, however, that in their current implementation, clusters largely exclude national
and local actors and often fail to link with, build on, or support existing coordination and response mechanisms. Among
other reasons, this is due to insufficient analysis of local structures and capacities before cluster implementation, as
well as a lack of clear transition and exit criteria and strategies. As a result, the introduction of clusters has in several
cases weakened national and local ownership and capacities.48
46) IASC Cluster Approach Evaluation, 2nd phase, Synthesis Report, April 2010, 64–65.
47) A map of the Cluster Approach by Country can be found at: <https://drc.ngo/media/2113486/humanitarian-reform-and-the-global-cluster-approach-
intro.pdf>.
48) IASC Cluster Approach Evaluation, 2nd phase, Synthesis Report, April 2010, 9
166
It is then imperative that clusters ensure that national and local capacities are known, considered, strengthened,
and used by national and subnational clusters’ coordinators. It is also vital for clusters to accompany the building up
of a credible and solid national counterpart capable of taking over emergency responses.
167
1. Ensuring robust presence, advocating 4. Establishing “office times” to meet

and negotiating access with relevant local NGO representatives, civil society
actors, and triggering interventions representatives, and the public at large;
through public denunciation are ensuring frequent follow-up visits to
examples of _____. groups at risk to avoid reprisals; opening
offices in order to be able to cover the
A. activities aimed at fostering an environment
maximum of the territory; and being
conducive to respect for the rights
transparent on who we meet to avoid
B. actions identifying criteria for reparation, harmful consequences are all actions
restitution, and rehabilitation that help improve _____.
C. actions taken to prevent or put a stop to a A. good administration
specific pattern of abuse and/or to alleviate B. visible presence
its immediate effects, such as responsive C. humanitarian space
measures
D. protection marketing
D. peacebuilding activities
5. The right of victims to reparation for
2. Which of the following items is an human rights violations entails _____.
example of a human rights action aimed
A. criminal investigations against the
at empowering State actors?
perpetrators of gross human rights
A. Shaming the national army for allegations
violations, psychological rehabilitation, and
of abuses and relocating refugees to a third
monetary compensation
country
B. Public apologies, truth commissions, and
B. Recruiting a local administrative assistant
truth-telling activities
in a peace operation to work part-time in
C. Legislative reform to foster conformity with
a bar run by expat personnel of the peace
international standards
operation
D. All of the above
C. Identifying local NGOs working on disability
with potential for a multiplier effect and 6. What is the cluster approach?
inviting national police investigators to a
workshop on human rights and terrorism 7. A multi-sectoral response to the
D. Meeting the diplomatic corps to coordinate complexity of the humanitarian crisis in
election observation by international
the host country
personnel A. A coordination forum among the different

components of the peace operation
3. Presence contributes to protection B. A forbidden method of warfare
through _____.
C. None of the above
A. deterrence
B. encouragement 8. Why is it important to prosecute
C. influencing societal attitudes
perpetrators?
D. All of the above A. It is a right of the victim to be protected by a

judicial system that works
B. Prosecution helps fight impunity and create a
deterrent against new violations
C. It is an effective action for the protection of
civilians
D. All of the above
168
9. To protect civilians under imminent 11. Actors expected to fulfil, protect, and
threat of physical violence is _____. respect human rights are called _____.
A. a part of all current peacekeeping mandates A. duty bearers
B. a task for military peacekeepers B. rights-holders
C. the main task of MONUC C. perpetrators
D. All of the above D. protection agents
10. The three levels of action for effective

protection are _____.
A. responsive actions, remedial actions, and
environment-building actions
B. capacity-building, human rights
mainstreaming, and development activities
C. victims reparation, providing employment,
and long-term capacity-building
D. restitution, satisfaction, and rehabilitation
Answer Key »
1. C
2. C
3. D
4. B
5. D
6. A
7. D
8. D
9. A
10. A
169
LESSON Human Rights in Integrated
7 Missions: Planning and

Implementation
The traditional model of

peace operations was
characterized by the
observation of ceasefires
and a few other main
tasks, as well as an exit
strategy that was not
always well designed.
Section 7.1 Planning UN Peace Operations • Understand the importance of integrated planning for
human rights in peace operations.

Section 7.2 Integrated Planning and Human
Rights • Be familiar with peace operations’ human rights
Section 7.3 Integration of Human Rights and mandates.

Key Planning Factors for Peace
• Be acquainted with documents and actions required to
Operations
operationalize human rights in peace operations.
Section 7.4 Other Planning Processes
170
LESSON 7 | Human Rights in Integrated Missions: Planning and Implementation
A United Nations Mission in the Central African Republic and Chad (MINURCAT) peacekeeper is seen here with Sudanese children from
the Oure Cassoni refugee camp in Bahaï, Eastern Chad. 16 October 2009. UN Photo #417954 by Olivia Grey Pritchard.
Section 7.1 Planning UN Peace

Operations
The traditional model of peace operations was
characterized by the observation of ceasefires and a few other
main tasks, as well as an exit strategy that was not always
well designed. As peace operations have evolved, planning
them has also become more complex and demanding.

The number and the nature of the actors involved in at <https://www.peaceopstraining.org/

today’s peacekeeping is very diverse. The tasks and the
in-integrated-missions-planning-and-
objectives of peace operations cannot anymore be counted on implementation/>.
the fingers of two hands, let alone one! As a result, no single
pre-packaged formula can fit all needs and approaches.
171
Over time, with such changes occurring in the nature of peace operations and the increasing demand for them,
there has been a gradual transformation in the planning process itself, based on the realization that planning had to
become more inclusive. More consultations were needed, bringing together not only the key UN departments and
agencies, but also relevant non-UN entities and stakeholders.
The path towards a more inclusive planning process had already been indicated earlier by the Brahimi panel,
whose report referred to the key role of integrated mission task forces for missions’ planning and support.1 That
mechanism found implementation in subsequent operations such as UNAMA in Afghanistan and UNMIL in Liberia.
However, if communication between UN departments and agencies improved, cultural and structural reasons did not
help the integrated task forces in becoming true decision-making bodies. As a result, obstacles impeding strategic
and integrated planning and conduct of peace operations still remained.2
All of the process then was still very much “headquarters focused”. Sophisticated and more recent peacekeeping
evaluations show that to effectively plan the “available” and the “achievable", planners need to depart from a solely
headquarters-focused perspective and focus more on on-the-field needs, where deployment is to take place. To get
a clear picture of the affected country, planning must include the UN in-country presence, the civil society, all the
parties to the conflict, and the affected communities.3
Is there a need for a peace operation?
How many times have we, through watching the news or reading the personal stories of victims around the world,
felt frustrated at the non-intervention by the international community? Political obstacles often impede legal and moral
obligations for protecting human rights. Therefore, in planning peacekeeping operations, it is important to take into
account all possible obstacles that might hinder the successful implementation of the operation.
The United Nations Peacekeeping Operations Principles and Guidelines identifies the following conditions for the
success of a peace operation:4
»» Is there a peace to keep?
Are the parties on the ground genuinely committed to resolving the conflict through a political process? Is there
a risk of paralysing the UN peacekeeping operation or, worse still, draw it into the conflict? Was a peace agreement
signed with sufficient human rights and peace guarantees? Should other options be explored such as an advance
mission or the strengthening of mediation efforts?
1) A/55/305–S/2000/809. “The Panel recommends that Integrated Mission Task Forces (IMTFs) be created, with staff from throughout the United Nations
system seconded to them, to plan new missions and help them reach full deployment, significantly enhancing the support that Headquarters provides
to the field. There is currently no integrated planning or support cell in the Secretariat that brings together those responsible for political analysis,
military operations, civilian police, electoral assistance, human rights, development, humanitarian assistance, refugees and displaced persons, public
information, logistics, finance and recruitment.”
2) Thierry Tardy, “The Brahimi Report: Four Years On. Proceedings of a Workshop Held at the Geneva Centre for Security Policy” (Geneva: GCSP, June
2004), 10.
3) More information can be found at the following: The Challenges Project, Challenges of Peace Operations: Into the 21th Century — Concluding Report
1997–2002 (Stockholm: Elanders Gotab, 2002); William J. Durch et al., “The Brahimi Report and the Future of UN Peace Operations” (Washington,
D.C.: The Henry L. Stimson Center, 2003); Espen Barth Eide et al., “Report on Integrated Missions: Practical Perspectives and Recommendations”, UN
Executive Committee on Humanitarian Affairs, May 2005; Dr. Bruce Jones, Richard Gowan, and Jake Sherman, “Building on Brahimi: Peacekeeping in
an Era of Strategic Uncertainty” (New York: Center on International Cooperation, April 2009); and A New Partnership Agenda.
4) DPKO/DFS, 49–51.
172
On Integrated Planning »
“Successful recovery from conflict requires the engagement of a broad range of actors —
including the national authorities and the local population — in a long-term peace-building
effort. The rationale for the integration of activities undertaken by the United Nations is to
better assist countries to make this transition from conflict to sustainable peace. A multi-
dimensional United Nations peacekeeping operation is likely to be far more effective when it
is deployed as part of a United Nations system-wide response based on a clear and shared
understanding of priorities, and on a willingness on the part of all United Nations actors to
contribute to the achievement of common objectives. Integrated planning is at the heart of
the United Nations efforts to develop such a response.”
–from UN Peacekeeping Operations Principles and Guidelines
»» What do the neighbouring countries have to say?
What are the regional dynamics? Are neighbouring States committed to peace? What is the position of regional
organizations on the specific crisis? Should their engagement be considered first?
»» What is the foreseen position of the Security Council?
The establishment of a United Nations peacekeeping operation requires nine votes from the Security Council’s 15
members, including the five votes of the Permanent Members. Will the necessary consensus be reached? And if not,
who is expected to abstain or oppose the draft resolutions? Can these divisions possibly undermine the legitimacy of
the mission and/or its effectiveness? Will the funding and support be compromised?
»» Will the mission mandate be clear and achievable?
Does the mandate reflect the level of resources that contributing nations are able and willing to provide? Will
the peacekeeping forces be instructed adequately? Will they be capable of providing protection without delays? Is
the human rights situation going to change in a sustainable way? Will countries contribute to the authorized (and
necessary) strength?
When it comes to the deployment of a peacekeeping operation, it is up to the UN Secretariat to provide the
Security Council with “an accurate assessment of the risks associated with its decision to deploy a United Nations
peacekeeping operation, and ensure that its mandate and capabilities are tailored to the requirements of the
situation”.5
All Secretariat members, including OHCHR, OCHA, DPO, DPPA, etc., should contribute to the strategic assessment,
making sure that requirements of both immediate and long-term engagement are considered. Planning, in order to
be effective, must take into account the most challenging scenarios and vulnerabilities on the ground including the
limited resources available.6 Knowledge of local structures and capacities, civil society networks, and vulnerable
groups is very important to develop objectives that address causes of conflict and needs for recovery.
5) Ibid., 49.
6) A/55/305–S/2000/809, 21 August 2000, X. “... the Secretariat must not apply best-case planning assumptions to situations where the local actors
have historically exhibited worst case behaviour”.
173
Consultations among UN and other partners, such as troop- and police-contributing countries, international
financial institutions, regional organizations, and the host country, are part of the strategic assessment convened by
the Secretary-General and aimed to define the type of international engagement required.
Section 7.2 Integrated Planning and Human Rights
Relevant background policy framework7
• The Brahimi Report (2000): “There is currently no integrated planning or support cell in the Secretariat
that brings together those responsible for political analysis, military operations, civilian police, electoral
assistance, human rights, development, humanitarian assistance, refugees and displaced persons, public
information, logistics, finance and recruitment.”
• Secretary-General’s Policy Committee Decision on Human Rights in Integrated Missions (2005):
“All UN entities have a responsibility to ensure that human rights are promoted and protected through and
within their operations in the field … the Secretariat should more proactively call on the Security Council
to ensure that mission mandates adequately address prevailing human rights concerns and that these
concerns are routinely discussed when the Council review mission progress.”
• Secretary-General’s Note of Guidance (2000): Resident Coordinators/Humanitarian Coordinators (RC/
HCs) are brought into the mission as Deputy Special Representatives of the Secretary-General (DSRSGs) to
provide a link between the mission and the United Nations country team (structural integration).
• 2006 Integrated Mission Planning Process (IMPP) Guidelines endorsed by the Secretary-General:
Provides guidelines for a comprehensive and inclusive UN system approach to the planning of integrated
peace support operations (integrated missions) through a process called “IMPP”.
• Secretary-General’s Policy Committee Decision on Integration (2008): “All integrated UN presences
should have a shared analytical and planning capacity, as well as an integrated strategic framework that
should be reflected in and draw on all the UN planning, programming and budget instruments.”
On the Structures of Integrated Missions »

“Structural or programmatic integration between United Nations actors must be
driven by an assessment of whether or not it will add real value and improve
the impact of the United Nations engagement. An integrated mission’s structure
should be derived from an in-depth appreciation of the specific country setting and
an honest assessment of the United Nations capacities to respond effectively. It
should be driven by the United Nations strategy for that country and the resources
available to the United Nations.”
7) Ibid., p. 34; IASC, “Human Rights Guidance Note for Humanitarian Coordinators. Available from: <https://interagencystandingcommittee.org/human-
rights-and-humanitarian-action/documents-public/human-rights-guidance-note-humanitarian>; Secretary-General Policy Committee, Decision No.
2008/24 on Integration (26 June 2008); United Nations Integrated Missions Planning Process (IMPP), Guidelines Endorsed by The Secretary-General,
13 June 2006 (Decision 2006/26, 14 June 2006), p. 2.
174
“Integration is the guiding principle for the design and implementation of complex
UN operations in post-conflict situations and for linking the different dimensions of
peacebuilding (political, development, humanitarian, human rights, rule of law, social and
security aspects) into a coherent support strategy. An integrated mission is based on a
common strategic plan and a shared understanding of the priorities and types of programme
interventions that need to be undertaken at various stages of the recovery process.”
–Kofi Annan
from “Note of Guidance on Integrated Missions”, 2006
Integrated Mission Planning Process: Planning steps and mechanisms
IMPP is the authoritative basis for the planning of all new integrated missions, as well as the revision of existing
integration mission plans for all UN departments, offices, agencies, funds, and programmes.
The United Nations adopted an IMPP to facilitate the planning of multi-dimensional United Nations peacekeeping
operations. It is intended to help the United Nations system reach a common understanding of its strategic objectives
in a particular country by engaging all relevant parts of the United Nations system.8
The IMPP Guidelines (Integrated Planning for UN Field Presences, May 2009) detail the roles and responsibilities of
different mechanisms involved in the planning of “integrated” peace operations. They take into account the 2006 IMPP
Guidelines, the latest concept of integration, and the decisions of the Secretary-General on human rights in integrated
missions. The current peacekeeping policy framework supports effective planning through the integration of human
rights within both peace operations and United Nations country teams.
Integrated Mission Task Force
The Integrated Mission Task Force (IMTF) is a mechanism whose core membership includes representatives from
the political, military, police, security, support, humanitarian, development, and human rights branches of the UN along
with representatives of the UN country team.9
IMTFs are generally chaired by the Team Leader of the relevant DPO Integrated Operational Team (IOT).10
The IMTF coordinates strategic guidance, alignment of resources and the documents which form part of the
IMPP, such as planning directives, reports of the Secretary-General, technical assessment missions (TAMs) reports,
and directives to the SRSG. Financial institutions such as the World Bank and relevant NGOs can also be invited to
the IMTF meetings.
Technical assessment missions
The role of TAMs is to analyse and assess the overall security, political, humanitarian, human rights, and military
situation on the ground, and the implications of an eventual United Nations peacekeeping operation.
8) Ibid., 55.
9) IMPP Guidelines: Role of HQs, Integrated planning for UN field presences, May 2009, 6.
10) Integrated operational teams were established in 2007 by Secretary-General Ban Ki-moon with the aim of making integrated mission planning and
supporting UN peace operations by serving as information and liaison hubs. The first established IOT was to support the United Nations and African
Unit Mission in Darfur (UNAMID).
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TAMs should focus on specific requirements and capacities and provide input for budgeting and staffing proposals.
TAMs are also opportunities to come into contact with stakeholders — as well as with the realities — in the country,
key requirements for effective planning.
Usually, a TAM takes about one or two weeks to accomplish. A detailed itinerary will be produced even if last-
minute changes occur due to contingencies and priorities. The TAM may consist of representatives from departments
and offices within the Secretariat, including OHCHR, as well as the specialized agencies, funds, and programmes,
and should involve relevant actors from the UNCT. The missions need to be flexible and not too big in size in order
to avoid a “roles-jam” and related frustration when meeting stakeholders on the ground. Core expertise needs to be
represented (political, military, police, security, support, humanitarian, development, and human rights).
The Capstone Doctrine — 1000 Series »

The 2008 United Nations peacekeeping doctrine framework is divided into six main guidance
“series” (1000–6000). It follows a hierarchical structure and includes internal policy and
guidance documents relevant to the organization, management, and implementation of
peace operations.
With input from all key peacekeeping actors including OHCHR, the United Nations
Peacekeeping Operations Principles and Guidelines was approved by the Under-Secretary-
General for Peacekeeping Operations (USG) in January 2008. The document — also referred
to as the Capstone Doctrine — sits at the highest level in the 1000-series and is “intended
to help practitioners better understand the basic principles and concepts underpinning the
conduct of contemporary United Nations peacekeeping operations as well as their inherent
strengths and limitations.” It is also a useful introduction to those who are new to United
Nations peacekeeping.
All subordinate guidance must be consistent with the principles and concepts set out in the
1000-series. The Guidelines remain a living document to be regularly reviewed and updated.
The Guidelines are based on international human rights and humanitarian law and draw on
UN reform efforts. They cover strategic and operational aspects of UN peacekeeping and
identify important factors that contribute to effective field operations, such as coherence
and cohesiveness. To elaborate on required approaches and inform more practical tasks,
including in the area of human rights, it is important to link this document to specific
relevant UN policies and lessons learned, related to the integration of human rights.
According to the guidelines, “the integration of human rights and the sustainability of human
rights programmes should always be a key factor in the planning of multi-dimensional
United Nations peacekeeping operations.”
The entire text of Principles and Guidelines, along with other relevant documents and
guidance on planning and implementation, is available from: <https://peacekeeping.un.org/
sites/default/files/capstone_eng_0.pdf>.
176
Human rights experts with negotiation skills, country experience, and knowledge of integrated planning and
support should be considered for these kinds of missions. Such missions demand the ability to identify relevant
human rights issues and risks; to make contacts with both national and local/traditional authorities, local NGOs, and
civil society organizations; and to interact with victims effectively.
TAMs are supported by the Department of Operational Support (DOS) and DPO.11 Other agencies may be asked
to cover their mission expenses.
TAMs are used more than once during the lifetime of a mission. They can be used, for example, during mission
start-up, when there is an existential need to review benchmarks or the mandate, and also during a mission’s
transition. More TAMs may be required to obtain relevant information. Military and police components, for instance,
may take part in independent TAMs to focus on specific issues.
Based on the findings of the TAM, the strategic assessment can be updated and the IMTF can draft the report of
the Secretary-General.
The report of the Secretary-General
The report of the Secretary-General includes a proposal for potential mandates, functions, and tasks of the UN
peacekeeping operation.
The information presented in the report must be the result of wide consultations with UN actors, including those
already in the country, TCCs and PCCs, police, donors, and national actors of the affected country.
The result of the strategic assessment, the findings of the TAM, and other possible relevant documentation per
area of expertise should be taken into consideration for the elaboration of the report. When it comes to human rights,
an OHCHR office or other human rights expert may have already been on the ground and produced relevant reports.
Independent thematic and country experts may have issued reports and recommendations. The commentaries of
the treaty bodies providing information on the implementation of specific human rights treaties by the target country
could also be useful when exploring areas that need support and/or monitoring.
The “draft” of the Secretary-General’s report is circulated among relevant actors for comments and further
input. The Secretary-General’s report includes elements helpful to define a time frame, justify staffing and mission
tasks, and also specific results that the mission and the UNCT are expected to achieve. The OHCHR, based on the
TAM’s finding and other relevant information, will elaborate a staffing table inclusive of post justifications for the
human rights component of the operation.12
The Security Council resolution
The Security Council then takes a formal decision on whether to authorize the deployment of a UN peacekeeping
operation and what tasks the peacekeeping operation should be mandated to accomplish. If the Council decides to
deploy a peacekeeping mission, the decision and the mandate are issued in a Security Council resolution.13
The Council authorizes the mission and its mandate after having examined the report of the Secretary-General
and its recommendations. The Council, however, is not bound by the Secretary-General’s report. Actually, it happens
11) As part of organizational restructuring beginning 1 January 2019, the Department of Field Support (DFS) became the Department of Operational
Support (DOS).
12) Planning human rights tasks of a peace operation include getting the right number of qualified people that will constitute the human rights office.
Depending on the needs on the ground and related financial availabilities, the office will be distributed on the territory of the host country. Both
international and national human rights officers with different seniority and expertise, including thematic, will be recruited.
13) DPKO, Core Pre-Deployment Training Materials, Unit 2: The Establishment and Functioning of UN Peacekeeping Operations, 2009, 13.
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UN Peace Operations with Human Rights Components »

Peacekeeping Missions
• MINURCAT (Central African Republic and Chad)
• MINUSTAH (Haiti)
• MONUC/MONUSCO (Democratic Republic of the Congo)
• UNAMA (Afghanistan)
• UNAMID (Darfur)
• UNMIK (Kosovo)
• UNMISS (South Sudan)
• UNMIT (Timor-Leste)
• UNOCI (Côte d’Ivoire)
Political Missions
• BINUCA (Central African Republic)
• UNAMI (Iraq)
• UNIPSIL (Sierra Leone)
• UNMIN (Nepal)+
• UNOGBIS (Guinea-Bissau)
• UNPOS (Somalia)
* As of March 2012.
+ Does not have a human rights component but works hand in hand with an OHCHR stand-alone operation deployed in the country.
quite frequently that the Security Council resolution modifies strategies, tasks, and even the main focus of the
mission as provided for by the report of the Secretary-General. The authority of the Security Council is certainly
not here in question, but if the Secretary-General’s recommendations are disregarded or watered down during the
Security Council’s discussions, it may signal a limited commitment by the international community. The new mission,
then, runs the risk of not getting sufficient political support, which is essential in addressing key needs — human
rights needs and otherwise — identified on the ground.
In the case of the United Nations Mission to Chad and Central African Republic (MINURCAT), for example,
the initial recommendations of the Secretary-General were not fully taken into consideration by Security Council
resolution 1778 (2007), thereby resulting in lesser effectiveness of the mission with respect to the protection of IDPs
and refugees.
The following two pages contain excerpts of the proposed human rights mandate (Report of the Secretary-
General) and the adopted human rights mandate (Security Council resolution) for MINURCAT. Note especially the
“modification” by the Security Council regarding human rights.
178
...
...
179
...
...
180
Section 7.3 Integration of Human Rights and Key Planning Factors

for Peace Operations
Say that an ongoing conflict in a country has finally stopped. A peace agreement has been signed between the
parties to the conflict or a coalition of States has intervened to put a stop to escalating turmoil. There is probably a
need for a peacekeeping operation to assist in implementing the peace agreement and to help the country provide
security and development to the people. What human rights problems on the ground will the peace operation have
to look at? What type of mission would the UN consider deploying? Are the needs for monitoring and accountability
sufficiently reflected in the mandate? How much staff and money will be necessary? Which human rights benchmarks
should be invoked?
The Brahimi Report clearly points out the need to involve OHCHR more closely in planning human rights aspects
of peace operations.14
Integration of human rights in peacekeeping through planning was also envisaged by the Memorandum of
Understanding between OHCHR and DPKO.15
According to the MOU,
“OHCHR will participate in the IMTF that is normally established

for countries in which a peacekeeping operation is being
planned or whose possible establishment is discussed,
contributing proposals on the functions and structure of the
human rights component for the Secretary-General’s reports to
the Security Council on the establishment of new peacekeeping
operations, as well as ensuring that human rights concerns are
appropriately reflected in the mission as a whole.
It will participate in initial assessment and early deployment

missions, conducted by DPKO related to the formulation of
proposals for the establishment of new operations, where
a human rights component may be contemplated. It will
also participate in the evaluation and discussion of mandate
adjustments and exit strategies as regards the human rights
component of an operation.”16
Recent developments in the context of UN reform define a stronger interdependence between security, human
rights, and development, and make it clear that human rights is a cross-cutting issue in all the work of the United
Nations.17
14) A/55/305–S/2000/809, 41. “OHCHR needs to be more closely involved in planning and executing the elements of peace operations that address
human rights, especially complex operations.”
15) Memorandum of Understanding between the office of the High Commissioner for Human Rights and the Department of Peacekeeping Operations and
Annex to the MoU, in Human Rights Protection in the Field, Bertrand G. Ramcharan, ed. (Leiden, The Netherlands: Brill Academic Publishers, 2006),
269–275.
16) Ibid.
17) See: In Larger Freedom, Chapter II, 8–10.
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As a result, human rights functions in integrated missions have become more important. Human rights represent
a key constitutive element of UN missions. Their importance is not limited to a working area within the mission, but
is instead related to the working approach of the mission as a whole.
The peacekeeping operations of today contain peacebuilding and development elements. This implies more
complex preparedness to meet both short- and long-term goals. Mandates can evolve while the mission develops
and different benchmarks will be reviewed and updated to reflect such changes. This also means that protection
targets and needs identified during the initial assessments, including groups at risk, will require different types of
interventions throughout the mission. In the long run, protection efforts will translate in consolidation of empowerment
of key local actors. These are key objectives of the human rights presence.
Checklist: Human Rights-related Factors Relevant to Peace

Operation Planning »
• Human rights law is part of the missions’ legal framework;
• All UN entities and components of peace operations have a responsibility to ensure

that human rights are promoted and protected through and within their operations in
the field;
• Human rights are relevant in all phases of the peace process (e.g. early warning and
identification of root causes, good offices, peace agreements, identification of long-
term peacebuilding goals);
• Mandates include core human rights tasks;
• Operational planning requires human rights benchmarks and indicators;
• The mission structure requires a human rights component responsible for coordinating
the human rights activities on the ground;
• Both the Head of Mission (SRSG) and the DSRSG/RC/HC must uphold human rights in
their work and reflect human rights in their approach;
• The head of the human rights component needs to be consulted at the senior level on
all issues related to the human rights situation in the country;
• The head of the human rights component is the representative of the Office of the
High Commissioner for Human Rights (OHCHR) in the host country;
• The head of the human rights component advises the DSRSG/RC/HC on human rights
approaches and ensure the “human rights link” between the mission and the UNCT;
• The peace operation, in coordination with the High Commissioner for Human Rights,
must issue regular and separate public reports on the situation of human rights in the
country; and
• The OHCHR is responsible for providing expertise, guidance, and support (including
part of the financial resources) to the human rights components of peace operations.
182
“Most United Nations multi-dimensional peacekeeping operations are … mandated to

promote and protect human rights by monitoring and helping to investigate human rights
violations and/or developing the capacity of national actors and institutions to do so on their
own. Integration of human rights and the sustainability of human rights programmes should
always be a key factor in the planning of multi-dimensional United Nations peacekeeping
operations.”
Integrating human rights in peace operations does not mean empowering the human rights component over the
others, but rather ensuring that human rights norms and procedures are applied by all relevant components and UN
entities to their own work.
Who are “human rights partners”?
• Military peacekeepers: These are officers, soldiers, and staff who come from a variety of countries,
are deployed to a foreign State, and are asked to become the interpreters of a new concept of robust
peacekeeping for preventing and responding to threats against the civilian population. They are also asked
to combine traditional military roles with new functions with respect to working together with civilian
components such as human rights officers. Many military peacekeepers are sent to peace operations by
countries with severe democratization deficits but willing to play a stronger role within the UN system. Often
back at home, soldiers volunteer enthusiastically to join peacekeeping operations. While this is encouraging,
it is also true that these forces may be expected to do abroad what sometimes is hard for them to achieve
at home;
• UN Police: Restoration of rule of law is always a priority in war-torn countries. UN Police (UNPOL) deployed
to missions have relevant experience acquired in the context of different legal systems and policing
cultures. They have the major tasks of supporting and mentoring local law enforcement forces with the
aim of ensuring compliance with international standards and police professionalism. Stepping in the shoes
of their counterparts, they can sometimes feel frustration for the precarious working conditions (salaries,
respect by the population) experienced by the national police. UNPOL’s role is complex and requires strong
integrity. They are, for example, expected to advise local police officers on how to conduct effective criminal
investigations and, at the same time, take part in human rights investigations that often target police
perpetrators;
• Political actors: Political actors are very crucial for the success of the negotiation, planning, and
implementation process. Their diplomatic skills and influence may ensure the collection of weapons from
rebel armed groups, prompt organization of elections, and privileged dialogue between investors and
politicians. However, they may also neglect to ensure accountability of those who committed grave crimes
enjoying impunity for years and may fail to involve the civil society actors in different processes as required,
thereby ignoring the key human rights principle of participation;
183
A medical officer of the Pakistani contingent of UNMIL examines an infant in a maternity ward. February 2009. UN
Photo #380746 by Christopher Herwig.
• Humanitarian actors: Humanitarian actors may have been on the ground prior to the deployment of the
peace operation, developing strong networks and coping with hardships and conflict dynamics in order to
open humanitarian channels. With the conflict becoming more tolerable, they are suddenly asked to sacrifice
some of their “humanitarian” space and share it with a “newcomer” peace operation which is governed by
both human rights and humanitarian standards; and
• Human rights actors: Human rights actors fight on the ground against the same violations and injustices
that have probably provided the rationale for the deployment of the peacekeeping operation. They are
an indispensable link between the security, humanitarian, and development dimensions. However, some
might blame them for slowing down the “political-peace process” by showing rigidity towards impunity and
demanding “justice for peace”.
“For the successful integration of the human rights perspective into a

peace operation, much depends on the extent of cooperation and effective
coordination between the many diverse civilian elements of any mission,
and between these civilians and the military forces and international police.
Problems of culture, mandate, areas of responsibility, personality and other
factors have mitigated against such effective cooperation ... ”
–The Challenges Project

from “Challenges of Peace Operations: Into the 21st Century
Concluding Report 1997–2002”
184
• Integration of human rights in integrated missions does not only mean to act respectfully, it means that all
components and the UNCT’s members, when planning their operations and frontline tasks, must take into
consideration the causes of human rights violations, the implications of those violations, and the responses
available to protect the people and prevent new violations.
Integration of human rights means more than training troops and staff on human rights aspects upon deployment
and/or maintaining good relations with human rights officers. It means applying relevant UN policies on human
rights to strategies and procedures; instructing respective personnel and allocating resources to implement and
support human rights tasks; and getting the necessary advice by liaising with the human rights component. Human
rights protection is a 360-degree goal that, in a complex peace operation, requires the contribution of components
that are very different from each other.
Human Rights Mission Mandates
“All peacekeeping personnel should have a thorough

understanding of the mandate of the peacekeeping operation
in which they are working. They should also be aware of any
changes to the mandate authorized by the Security Council
during their deployment. The Security Council mandate
provides legitimacy for your presence in the country. It is a
public document which can be shared with the local population.
You should be able to explain clearly to anyone in the country,
why the peacekeeping operation is there and what it does.”18
The peace operation mandate finds its legitimacy in a Security Council resolution which is a binding instrument
and enables the international community to act in case of non-compliance. The resolution often includes references
to international law and standards and to specific thematic resolutions relevant for human rights action (women,
children, protection of civilians).
Some “pioneer” field operations with important human rights mandates:
• ONUSAL — UN Observer Mission in Salvador (1991)
• UNTAC — UN Transitional Authority in Cambodia (1992)
• MICIVIH — OAS/UN International Civilian Mission to Haiti (1993)
• MINUGUA — UN Verification Mission in Guatemala (1994)
• HRFOR — Human Rights Field Operation in Rwanda (first human rights field
operation established by OHCHR) (1995)
• UNMIBH — UN Mission in Bosnia and Herzegovina (with a key role played

by the International Police Task Force [IPTF]) (1995)
• MONUA-UNOA — UN Observer Mission in Angola/UN Office in Angola (1997)
• UNAMSIL — UN Mission in Sierra Leone (1999)
185
Terminology and definitions used in peace operations’ human rights mandates reflect extensive field practice and
long-time experience. Generic terms such as “protection” and “promotion", for example, have been and continue to
be widely used since the first human rights deployments. Their generality is functional to the economy and clarity of
the mandate; meanwhile, their application requires practitioners to look at the evolution of human rights tasks and
methods and select the best practices from different peace operations.
Talking with Experts* »

Principles and challenges in planning and staffing human rights components
There is no doubt that the political process must include human rights at an early stage.
Planning a human rights operation is a holistic process. There are realistic political constraints
and needs that can be different each time; it is difficult to plug it all into one formula.
There is always the need to contextualize. What is the logistical capacity required? What
size military component is recommended? Is the operation in need of protection through
presence? If so, what should the ratio be between military and human rights personnel? In
Darfur, for example, both components were in strong demand.
Furthermore, can we ensure capacity after advocating for presence to deter violations?
OHCHR provides rapid response capacity and peace missions’ assistance through specialized
technical and operational support to the establishment and running of field presences.
Enhancing the capacity and effectiveness of that support remains a priority. However, staffing
operations is often a lengthy process. In Darfur, we have been able to field 60 per cent, in
Iraq only 50 per cent. DPKO and OHCHR worked together towards improving the recruitment
system. Human rights components, like other partner offices, should be staffed faster and
better. More focus on the quality and commitment of staff is certainly needed, starting with
the heads of human rights components.
The sensitivity of the Security Council is very important. In 2004, the results of the
Commission of Inquiry in Darfur, which was authorized directly by the Security Council,
provided legal evidence that made the deployment of a strong human rights presence
inevitable. Commissions of Inquiry are excellent quasi-judicial tools that set the stage for
the establishment or strengthening of justice and accountability mechanisms at the national
level.
Their findings also enable human rights officers to monitor, investigate, and redress more
effectively violations of civil, political, economic, social, and cultural rights.
A Commission of Inquiry is currently working in Guinea-Conakry. In this case, the

Commission was only “welcomed by the Security Council", as opposed to the Commission
in Darfur which was directly authorized. To be welcomed is still very important of course,
though the results of the investigation might not be authorized for the same follow-up.
186
Talking with Experts* (continued) »

Personalities in New York certainly have an important role when planning mandates and
negotiating staffing of field offices. Support is very much garnered by persuasiveness and by
showing frankly how much one cares, rather than by individual preference. Engagement with
DPO, DPPA, and DOS remains key.
Some missions are affected by criticism due to political partisanship or other wrongs such
as sexual exploitation and abuse committed by troops and other personnel. The accusations
against the Head of UNAMA following the last elections are also obviously not productive. It
is a challenging situation for UN personnel working with human rights to reiterate constantly
their working principles. We are not neutral in front of violations, but we do not take sides
in elections. There is a big difference. It is important to keep this angle also when assessing
needs and developing contacts with our national counterparts. When you are frank about
objectives, you do not find hostility coming from authorities.
* This section gathers the author’s personal impressions based on his meetings and discussions with professionals in the field of human
rights, including OHCHR and other UN and non-UN officials.
Mandated human rights tasks related to protection (preventive, responsive, remedial, and environment building)
will need to be coordinated with the relevant partners operating both within the mission and in the mission area,
such as peacekeeping components (e.g. military, police, gender, DDR, etc.), the UNCT (UNDP, UNICEF, WFP, UNHCR),
and the ICRC and/or relevant INGOs/humanitarian partners (e.g. Save the Children, Oxfam, GOAL, Doctors Without
Borders, etc.)
One of the more visible effects of the evolution of peace operations is the “inflation” of mandated tasks which
have resulted in an exponential increase of components deployed to cope with mission challenges. For example,
the recent establishment of the Office for the Rule of Law and Security Institutions (OROLSI) widened the range of
components deployed to the field.
Such increase in functions and actors can be confusing for planners and implementers if the process is not
accompanied by a policy and guidance framework on who’s doing what and how.19 Such pre-established framework
ensures that both resources and relevant expertise are allocated in a proper manner. However, each mission has its
needs that may translate to stronger commitment towards certain areas including a higher level of integration and
coordination on certain tasks.
Mandates should not be drafted without the consideration of the most critical human rights challenges recorded
in human rights assessments. One must always plan for the worst and consider the resources available to confront
escalating challenges.
19) “The mandate of the UN mission in the Democratic Republic of the Congo, for example, lists no less than 45 different tasks … While strategic
direction is critical for mission planning, multiple, detailed tasks can obscure the overall objectives that the Council expects peacekeepers to achieve,
particularly in the initial phase.” A New Partnership Agenda: Charting a New Horizon for UN Peacekeeping, 10.
187
Writing Exercise 13: Planning Strong Mandates »

The Brahimi Report states, “mandates should specify an operation’s authority to use force.
It means bigger forces, better equipped and costlier, but able to pose a credible deterrent
threat, in contrast to the symbolic and non-threatening presence that characterizes
traditional peacekeeping.”
What does this recommendation entail in terms of planning?
Human Rights Mandates and Peace Operations
Mandate: “Contribute to protecting civilians in danger, particularly refugees and displaced

MINURCAT persons”; “Contribute to the monitoring and to the promotion and protection of human
Chad and Central African rights ... with particular attention to sexual and gender-based violence, and to recommend
Republic action to the competent authorities, with a view to fighting impunity”; “Strengthening
SCR 1861 (2009) the capacity of the Government of Chad and civil society through training in international
human rights standards ... ”
Mandate: “Protect and promote human rights ... with particular attention to vulnerable
UNMIL groups including refugees, returning refugees and internally displaced persons, women,
LIberia children, and demobilized child soldiers”; “Ensure an adequate human rights presence,
SCR 1509 (2003) capacity and expertise within UNMIL to carry out human rights promotion, protection, and
monitoring activities ... ”
Mandate: “Contribute to the protection of civilian populations under imminent threat of

UNAMID physical violence and prevent attacks against civilians, within its capability and areas of
Sudan (Darfur) deployment”; “Contribute to the promotion of respect for and protection of human rights
SCR 1769 (2007)
and fundamental freedoms in Darfur ... ”
Mandate: “Contribute towards international efforts to protect and promote human rights in
Sudan, as well as to coordinate international efforts towards the protection of civilians with
particular attention to vulnerable groups including internally displaced persons, returning
UNMIS refugees, and women and children”; “Ensure an adequate human rights presence, capacity,
Sudan and expertise within UNMIS to carry out human rights promotion, civilian protection,
SCR 1590 (2005) and monitoring activities”; “Protect and promote human rights in Sudan, as well as to
coordinate international efforts towards the protection of civilians with particular attention
to vulnerable groups including internally displaced persons, returning refugees, and women
and children ... ”
Mandate: “Support the Transitional Government as well as Haitian human rights institutions
and groups in their efforts to promote and protect human rights, particularly of women and
MINUSTAH children, in order to ensure individual accountability for human rights abuses and redress for
Haiti victims”; “Monitor and report on the human rights situation, in cooperation with the Office of
SCR 1542 (2004)
the United Nations High Commissioner for Human Rights, including on the situation of returned
refugees and displaced persons ... ”
Mandate: “Ensure the protection of civilians … under imminent threat of physical violence,
in particular violence emanating from any of the parties engaged in the conflict”; “Ensure
MONUC respect for human rights and the fight against impunity by strengthening the capacity of
Democratic Republic of the the judicial and correctional systems”; “Cease all forms of violence and human rights abuse
Congo against the civilian population”; “Ensure the full implementation of its “zero-tolerance policy”
SCR 1856 (2008)
with respect to discipline and human rights violations ... all reports of such violations be
SCR 1906 (2009)
thoroughly investigated ... those responsible be brought to justice through a robust and
independent process ... ”
188
Human Rights Mandates and Peace Operations
Mandate: “Monitor the human rights situation of civilians and coordinate human rights
protection”; “With the support of the Office of the United Nations High Commissioner
for Human Rights, cooperate with the Afghan Independent Human Rights Commission
UNAMA (AIHRC)”; “Cooperate also with relevant international and local non-governmental
Afghanistan organizations, to monitor the situation of civilians, to coordinate efforts to ensure their
SCR 1868 (2009) protection and to assist in the full implementation of the fundamental freedoms and human
rights provisions of the Afghan Constitution and international treaties to which Afghanistan
is a State party, in particular those regarding the full enjoyment by women of their human
rights ... ”
Mandate: “Assisting national authorities to combat drug trafficking and organized crime,
UNIOGBIS as well as human trafficking, especially child trafficking”; “Supporting the national efforts
Guinea-Bissau to curb the proliferation of small arms and light weapons”; Undertaking human rights
SCR 1876 (2009) promotion, protection and monitoring activities and supporting the institutionalization of
respect for the rule of law ... ”
UNSOA Mandate: “Take appropriate steps to protect the civilian population in the country,
Somalia consistent with international humanitarian, human rights and refugee law, in particular by
SCR 1863 (2009) avoiding any indiscriminate or excessive use of force in populated areas ... ”
Mandate: “Promotion and protection of human rights, including by building national

institutional capacity in that area, particularly with regard to the rights of women, children
BINUB and other vulnerable groups, by assisting with the design and implementation of a national
Burundi human rights action plan including the establishment of an independent national human
SCR 1719 (2006) rights commission”; “Support for efforts to combat impunity, particularly through the
establishment of transitional justice mechanisms, including a truth and reconciliation
commission and a special tribunal ... ”
Mandate: “To promote security and protect its civilians with full respect for the rule of
BINUCA law, human rights, and international humanitarian law, stresses the importance of bilateral
Central African Republic
partners’ work enhancing the capacity of the Central African Republic Armed Forces and
SCR 2031 (2011)
stresses that such assistance should be in support of the wider security reform process ...”
Mandate: “Protect civilians under imminent threat of physical violence”; “Contribute to

UNOCI the promotion and protection of human rights with special attention to violence committed
Côte d’Ivoire
against women and girls, and to help investigate human rights violations with a view to
SCR 1528 (2004)
help ending impunity ... ”
Operationalization of Mission Mandates
Security Council mandates are operationalized through the:
• Mandate Implementation Plan, or Integrated Strategic Framework (ISF);
• Concept of Operations (CONOPS); and
• Rules of Engagement (RoE) and Directive on the Use of Force (DUF).
Mandate Implementation Plan or Integrated Strategic Framework
The Mandate Implementation Plan, also called ISF, provides both political and operational direction, timelines,
and support roles. It includes mission objectives, priority tasks to be carried out by each component of operation,
desired outputs, activities, and benchmarks.
Once the operation receives the green light, the mandate has to be translated to a strategic planning document
focused on the field mission.
189
The elaboration of the Mandate Implementation Plan closes the pre-mission planning and moves forward towards
the start-up of the mission and subsequent mandate implementation.
At this stage, there is need for continuity between all the work done by UN Headquarters, the stakeholders
and the country interlocutors, and the newborn mission. At this point, the role of the OIT, chairing the IMTF, is very
important in ensuring continuity between planning and implementation.
MONUC Integrated Strategic Framework »

“On 13 April, Special Representative of the Secretary-General and head of MONUC Alan
Doss … said MONUC should progressively shift its focus and structure towards post-conflict
stabilisation and consolidation, based on an expanded partnership with the UN country team.
He said the Integrated Strategic Framework (ISF), which was still under discussion with the
government, was intended to serve as a road map to help the UN move in that direction …
The ISF identifies four key UN strategic goals: addressing ongoing conflicts; stabilising
the conflict-affected areas; consolidating peace across the DRC; and making development
viable.”
–from Security Council ReportDRC, May 2010
Once the mission leadership is nominated, the Special Representative of the Secretary General will be provided
with a directive. The directive contains strategic guidance to the mission on the mandate, roles, and responsibilities
of the SRSG and his/her deputies — particularly the “three hatted” DSRSG/RC/HC in the case of integrated missions,
and common areas of work between the mission and UNCT.20
It is very important for new Heads of Mission to have the chance to meet and speak with pre-mission planners,
including human rights planners, to get a precise sense of the factors that motivated certain strategies and objectives.
Operational clarity: Human rights aspects of CONOPS, ROEs, DUFs
Concepts of Operations (CONOPS), Rules of Engagement (ROEs), and Directives on the Use of Force (DUFs) are
operational planning documents that cope with operational realities, are well known to military peacekeepers and police
components, and are definitely “less political” than mandates. These tools are actually much better known to army and
police personnel than are mission mandates and international law principles! This is not surprising since they provide
very clear instructions and translate the mission mandate to an operational framework relevant for the working culture
and capacity of the specific components, i.e. rules of engagement, command and responsibility, standards of conduct,
and operational partnerships (between military and police peacekeepers on specific operations, for example).
To ensure planned and coordinated responses, including in an integrated framework, individual mission
components (e.g. military, police, political, etc.) produce their own Concept of Operations. “The CONOPS is a strategic
planning document which outlines the key security objectives, requirements and tasks for the military and police
components to fulfill their responsibilities in the Security Council mandate.”21
The aim is “to link the mission mandate to the execution of key objectives such as, strategic intent, organization
and deployment (including timelines), security/force protection, terms of engagement, administration and logistics,
and command and control”.
20) IMPP Guidelines: Role of HQs, Integrated Planning for UN Field Presences, May 2009.
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United Nations Peacekeepers on guard at the United

Nations Organization Mission in the Democratic
Republic of the Congo (MONUC) headquarters in Bunia.
May 2003. UN Photo #25658.
ROEs “clearly state when force may not be used by armed UN military personnel. Rules of Engagement apply to
all armed military personnel and units in the mission and they are tailored to the particular mandate of that mission.
They are legally binding and are documents internal to the United Nations”.22 Robust ROEs can authorize the use of
lethal force, even as a last resort, to protect the civilian population from physical attacks. For instance, the MONUC
FC Directive of 2008 authorized MONUC forces to use all means, up to and including lethal force, to guarantee
protection of the population.
Like ROEs, the Directives on the Use of Force (DUFs) apply to all armed police personnel and units in the mission
and govern the use of force and firearms by authorized peacekeeping police personnel while implementing protection
and law and order tasks.23
CONOPS, ROEs, and DUFs are key for the effective integration of human rights in tasks and objectives of
mission uniformed personnel. These documents define the forma mentis of actors who are key in ensuring effective
protection by armed presence.
Complex operations rely strongly on the protection tasks of their military and police components. A Mission
Implementation Mandate will be accompanied by a mission protection strategy providing entry points — preventive,
responsive, remedial, and environment-building actions — for each of the relevant components.
In MONUC, for example, military peacekeepers use mobile bases, conduct cordon-and-search operations, and
work with the local population. Through the use of Joint Protection Teams, military, human rights, civil affairs, and
other components work together to enhance protection through multiple and collaborative efforts.
It is very important that concepts, rules, and directives for mission uniformed personnel are drafted in line with
international human rights and humanitarian standards. This enables personnel to avoid committing violations but
also enhances the effectiveness of protection, identifying groups and individuals with specific needs and/or ensuring
that the “do no harm” principle is fully observed during operations.
Guidance and instructions for forces on protection and human rights roles must be developed in the planning
process, provided to troops and units during the start-up phase of the mission, and complemented by pre-deployment
and in-mission human rights training.
22) Ibid., 27.

23) Some examples: Directive on detention, searches, and use of force for members of formed police units on assignment with the United Nations
Organization mission in the democratic Republic of the Congo (MONUC), 15 July 2005; Directive on detention, searches, and use of force for members
of formed police units on assignment with the United Nations Stabilization Mission in Haiti, 25 January 2006.
191
Member of the military component of the United Nations-African Union Hybrid Mission in Darfur (UNAMID)
speaks with one of the villagers during a patrol routine. February 2006. UN Photo #170399 by Shereen Zorba.
The Military Planning Service and the UN Police Division elaborate their respective Concept of Operations in
close cooperation with IMTF. “Relevant departments should cooperate in ensuring that CONOPS comply with relevant
international legal standards, including human rights and humanitarian law.”24
Commanders, with the assistance of respective components’ trainers and legal officers, have the responsibility
to ensure that personnel under their command fully understand how the mandate and the Rules of Engagement or
Directives on the Use of Force apply to specific operations.
When doubts on how to deal with a specific scenario/situation arise, superior norms such as international human
rights law come to help. For example, to understand specific needs and ways to prevent violations related to women,
girls, children, and IDPS, there is a very relevant body of treaty and non-treaty law providing support.
If not properly guided, peacekeepers may fall into the trap of simplistic belief, that operating under mandates
based on Chapter VII of the UN Charter enables total freedom to act, while tasks mandated under Chapter VI are
limited to observation and reporting. This is not always the case! Very effective protection can be carried out under
Chapter VI mandates as well. And if Chapter VII clearly enables greater responsive actions, actions must be carried out
with detailed preparation and strictly within the confines of the ROEs, DUFs, and CONOPS.
ROEs and DUFs, and their interpretation, must be the same for all the peacekeeping contingents and police force
in the mission. They should be written clearly in a language that peacekeepers can read.25 All mission peacekeepers
and UN Police should be able to talk the same “human rights language” regarding use of force and other operational
challenges.
24) IMPP Guidelines: Role of HQs, Integrated Planning for UN Field Presences, 2009, 15.
25) Peace operations will usually have one official language and all relevant mission-related documentation will be issued in that language. Although all
peacekeeping personnel are officially required to speak the mission language, the reality is that many soldiers in peacekeeping contingents do not
speak the language of the peace operation. They should still, however, receive the mission mandate, the code of conduct, and the ROEs written in
their native language or explained to them orally, if not available as text.
192
Impartiality »
“Rules of engagement should not limit contingents to stroke-for-stroke responses but should
allow ripostes sufficient to silence a source of deadly fire that is directed at United Nations
troops or at the people they are charged to protect and, in particularly dangerous situations,
should not force United Nations contingents to cede the initiative to their attackers.
“Impartiality for such operations must therefore mean adherence to the principles of the
Charter and to the objectives of a mandate that is rooted in those Charter principles. Such
impartiality is not the same as neutrality or equal treatment of all parties in all cases for all
time, which can amount to a policy of appeasement. In some cases, local parties consist not
of moral equals but of obvious aggressors and victims, and peacekeepers may not only be
operationally justified in using force but morally compelled to do so. Genocide in Rwanda
went as far as it did in part because the international community failed to use or to reinforce
the operation then on the ground in that country to oppose obvious evil. The Security
Council has since established, in its resolution 1296 (2000), that the targeting of civilians in
armed conflict and the denial of humanitarian access to civilian populations afflicted by war
may themselves constitute threats to international peace and security and thus be triggers
for Security Council action. If a United Nations peace operation is already on the ground,
carrying out those actions may become its responsibility, and it should be prepared.
“This means, in turn, that the Secretariat must not apply best-case planning assumptions to
situations where the local actors have historically exhibited worst-case behaviour. It means
that mandates should specify an operation’s authority to use force. It means bigger forces,
better equipped and more costly, but able to pose a credible deterrent threat, in contrast
to the symbolic and non-threatening presence that characterizes traditional peacekeeping.
United Nations forces for complex operations should be sized and configured so as to
leave no doubt in the minds of would-be spoilers as to which of the two approaches the
Organization has adopted. Such forces should be afforded the field intelligence and other
capabilities needed to mount a defence against violent challengers.”
–from Report of the Panel of United Nations Peacekeeping Operations

A/55/305-S/2000/809, August 2000
Regional sectors within the area of the peace operation may be confronted with specific challenges such as
different armed groups and different ethnically motivated threats to human rights. Such specificities need to be
addressed by the overall mandate implementation plan and the individual component’s Concept of Operations and
continuously updated through the mission early warning mechanism. Different problems should not mean separate
instructions departing from the supervision of the peace operation FC.
The contributing country’s law (domestic law of mission’s contingents) should not replace international legal
standards governing the mission if there is the risk to perform below standards.
193
An officer from the Indian FPU, working with Brazilian UN peacekeepers, helps to secure the perimeter of
a bank in downtown Port-au-Prince, Haiti. (UN Photo #425554 by Marco Dormino, January 2010)
Commanders have also a key role in dissipating possible frustrations related to tasks perceived as controversial. A
clear example is the role of peacekeepers in cooperating with and supporting the host government, while responding
to abuses. The ambivalence arises from the fact that although governments are principally responsible for the
protection of the population, in many cases, they are also directly involved in the conflict and accountable for attacks
against civilians and other severe violations.
In some contexts, such as in the Democratic Republic of Congo, peacekeeping forces have been supporting
and participating in national armies’ operations against rebel forces. The problem is not related to their taking sides
against the rebel forces who do not want to disarm and continue committing violations; the problem is the fact that
national armed forces are also violators of human rights on many occasions and nothing or little is done to bring
them to justice.
Peacekeepers are not neutral. They take the side of the weak. When women are raped and civilians are killed
they are expected to stop the perpetrator, whoever that may be. In the DRC, for example, the joint patrol and
monitoring work of peacekeepers, human rights officers, and other civilian components (civil affairs, child protection,
etc.) identify patterns of violations, start investigations, and provide the population with confidence and remedial
actions.
Commanders are often concerned about the confusion that may arise when troops are provided — bombarded —
with too many notions and theories about human rights, particularly when they are of no practical use during military
operations. It is crucial to ensure that military peacekeepers are well prepared and committed to protecting human
rights in the most operative manner. Human rights scenarios built on real human rights violations and courses of
actions are very useful.
Each protection action may require a specific level of force depending on the scenario, the actors involved, the
vulnerabilities on the ground, and the causes and implications of the violations to be stopped. A clear understanding
of impartiality and neutrality principles is also key.
194
Observing international law and applying human rights and humanitarian standards, while using force and
engaging in military armed responses to stop the suffering of civilians, provide military peacekeepers with added
legitimacy of intervention. Making hard decisions can be easier if there is a human rights goal to reach. In addition,
working together within a human rights law framework reinforces the unity of the effort of peacekeepers.
Military peacekeepers may find themselves opening fire against State and non-State actors to protect civilians
under attacks or to save women from being sexually abused. Formed Police Units may find themselves supporting the
host State in carrying out law-and-order tasks, including managing angry crowds and arresting and detaining alleged
suspects. Due to the delicate nature of these tasks, particularly in relation to a series of core human rights provisions,
human rights experts should be always consulted during the drafting process of CONOPS, ROEs, and DUFs.26
Section 7.4 Other Planning Processes
“Peacekeeping planners need to be aware of the other

assessment and planning processes that may be going on
alongside the IMPP and actively seek to create substantive
linkages between them wherever possible. Such processes
include the Consolidated Humanitarian Appeal (CHAP)/
Consolidated Appeal (CAP), Common Country Assessment
(CCA)/UN Development Assistance Framework (UNDAF), Joint
Assessment Missions (JAM)/Post-Conflict Needs Assessments
(PCNA) and Poverty Reduction Strategy Papers (PRSP). The
IMPP should draw on and capture any elements contained in
these parallel planning frameworks that are relevant to the
achievement of the United Nations overall strategic objectives.
Development of these linkages will help prevent circumstances
in which uncoordinated initiatives create friction and spark
conflict among the many actors.”27
26) “Mission planning and implementation should include the necessary expertise and advice regarding human rights, including in the development and
implementation of rules of engagement.” The Challenges Project, 14.
27) DPKO/DFS, United Nations Peacekeeping Operations Principles and Guidelines, 53; The UN Development Assistance Framework (UNDAF) is the
common strategic framework for the operational activities of the United Nations system at the country level and provides a collective, coherent and
integrated United Nations system response to national priorities and needs within the framework of the MDGs (Millennium Development Goals) and of
the Millennium Declaration. The Common Country Assessment (CCA) is the common instrument of the United Nations system to analyse the national
development situation and identify key development issues. As part of his 1997 reform agenda, the Secretary-General stressed the strong inter-
linkages between peace and security, poverty reduction and sustainable human development, and the promotion and respect for human rights. The
Consolidated Appeals Process (CAP) is a programme cycle for aid organizations to plan, coordinate, fund, implement, and monitor their response to
disasters and emergencies, in consultation with governments. The CAP outlines humanitarian action in a given country or region.
195
1. IMPP, IMTF, and ISF are _____. 5. Which of the following items is an
important element of a peacekeeping
A. pre-deployment training materials
mandate?
B. rules of engagement
A. It must not be too long, and must be with a
C. a planning process and two of its tools
limited number of tasks
D. integrated operations
B. It must be clear and achievable
2. You are a human rights officer and C. It must be in line with the host country’s
you have just been asked to take part legislation
in a Technical Assessment Mission to D. It must include proper indicators
Kyrgyzstan. What do you do?
A. Refresh your Russian language since many 6. You are a UN planner and you are
local people might speak Russian, and check working on the Secretary-General report
proposing the establishment of a new
the weather forecast
peace operation. Which of the following
B. Read earlier TAM reports and budgeting factors is relevant to the ensuring of
and staffing proposals, get a list of the integration of human rights in the new
stakeholders on the ground, and read the framework?
latest special rapporteurs’ reports and news A. Logistics and IT should ensure proper
C. Call DPO in New York and get an communication coverage for human rights
understanding of who is going to cover the officers deployed in remote areas
travel expenses for the mission B. Strict separation of roles should be observed
D. Look for a replacement, since the TAM looks among IMTF members
too complicated C. Human rights violations continue to be
committed in the country and core human
3. The Integrated Mission Planning Process
rights functions need to be included in the
(IMPP) is _____.
mission mandate
A. an authoritative basis for the planning of
D. Human rights aspects covered by the
new integrated missions
report need to be flexible enough to enable
B. an authoritative basis for the revision of
modifications
existing integrated mission plans
C. a process used to achieve a comprehensive 7. The head of the human rights component
and inclusive UN system approach to _____.
the planning of integrated peace support A. advises the DSRSG/RC/HC on human rights
operations questions
D. All of the above B. coordinates the humanitarian response
C. issues a separate human rights public report
4. Who should be consulted by the
Secretary-General during a strategic D. All of the above
assessment?
196
8. Why are Rules of Engagement important 10. Multidimensional peace operations

both for peacekeepers and for human require an enlarged partnership with
rights officers? _____.
A. They govern the use of firearms in the A. the UNCT
mission and it is important for all mission B. INGOs
personnel to be aware of correct procedures C. development and financial institutions
in case of emergency D. All of the above
B. They are operational planning documents
which govern important tactical aspects
affecting human rights
C. They represent key information on
administrative aspects related to recruitment
of components
D. They are flexible documents that human
rights officers and sector commanders can
adapt to the specific realities on the ground
9. The Concept of Operations (CONOPS) is

a planning document that outlines the
key security objectives, requirements,
and tasks for _____.
A. military components
B. police components
C. Both A and B
D. None of the above
Answer Key »
1. C
2. B
3. D
4. Troop- and police-contributing countries,

international financial institutions, regional
organizations, and the host country
5. B
6. C
7. D
8. B
9. C
10. D
197
LESSON
Human Rights and Functions of
8 Peace Operations
The human rights status

of countries where peace
operations deploy is a good
tool for measuring crisis
and stability.
UN Photo #477500 by Basile Zoma.
Section 8.1 Applying Human Rights in Peace • Understand the responsibilities of leadership in peace
Operations operations regarding human rights.
Section 8.2 The Work Of Human Rights • Know the core human rights functions carried out in
Components in Peace Operations peace operations.
198
LESSON 8 | Human Rights and Functions of Peace Operations
Victims of recent inter-tribal violence receive treatment at a hospital in Akobo, Sudan. Inter-tribal violence has increased dramatically
in Jonglei State recently with hundreds of civilians killed in a series of deadly clashes. 14 May 2009. UN Photo #39591 by Tim McKulka.
Section 8.1 Applying Human Rights

in Peace Operations
The human rights status of countries where peace
operations deploy is a good tool for measuring crisis and
stability. Most conflicts and humanitarian crises today
follow political or economic polarization that often leads
to intolerance, discrimination, and severe human rights

violations. Conversely, when human rights are respected and at <https://www.peaceopstraining.org/
valued, conditions for stability and participation are created. videos/216/lesson-8-human-rights-and-
functions-of-peace-operations/>.
199
Peace operations are often conducted in countries where insecurity and brutality are still prevalent, national
institutions and rule of law are virtually non-existent, education and health services inadequate, food and water
insufficient, and discrimination against particular groups blatant.
To respond to such complexities, modern peace operations display articulated mandates and robust structures
which are then complemented by thematic expertise and support functions covering a wide range of the State’s
domains (security, rule of law, political affairs, education, health, development, etc.).
When it comes to human rights, the approach is quite particular. The UN peace operation’s “package” comprises
not only of a human rights-specific mandate and structure, but also an approach related to the expectation that all
UN entities and leaders on the ground will set up and conduct their operations in line with UN policies and guidelines
on human rights.
Such an approach provides important opportunities in terms of enhancing the mission’s effectiveness and
success. Conceptually, it calls for the development of a mission’s “human rights vision” to identify and link both gaps
and potentials — including rights-holders and those responsible for respect, protection, and fulfilment of those rights
— in the different areas of work (security, rule of law, health, education, development, etc.). Operationally, it requires
specific human rights functions and coordination among the relevant components and UN entities in the mission area
to target specific problems with different interventions ensuring a multiplier effect and increased impact.
Leadership of peace operations and human rights
The Special Representative of the Secretary-General (SRSG) is the “senior UN Representative in the country
and has overall authority over the activities of the United Nations. The SRSG establishes the overall framework that
guides the activities of the mission and the UN Country Team and ensures that all UN components in the country
pursue a coordinated and coherent approach … The SRSG is supported by two Deputies, one of whom performs the
function of DSRSG/RC/HC. The SRSG will devise an effective coordination mechanism among the security, political,
human rights, rule of law, humanitarian and development components of the mission.”1
The role of the mission leadership in ensuring an adequate human rights vision and its implementation has been
to a large extent overlooked in the past by SRSGs. The impetus for improvements in this area is related to the UN
reform efforts2 and the development of a comprehensive set of policies, decisions, and practices that constitute the
backbone of today’s human rights work in peace operations.
Commitment to human rights and the proven ability to apply, monitor, and evaluate human rights in peace
operations are now important factors in the selection of the mission leadership.3
“Human rights are a cross-cutting concern for both the mission

and the UN Country Team and they need to be fully integrated
into peace operations. The SRSG will uphold human rights law
in the implementation of the mission’s mandate.”4
1) Note of the Secretary-General on Guidance on Integrated Missions, 17 January 2006.

2) The 1997 Secretary-General’s report, Renewing the United Nations: A Program for Reform, explicitly stated that human rights cut across all the
UN’s substantive areas of work such as peace and security, economic and social affairs, and development cooperation and humanitarian affairs;
the Brahimi Report (2000) pointed out the key role of human rights in all aspects of its peace and security activities; the 2004 report of the High
Level Panel on Threats, Challenges and Change, highlighted the link between development, security, and human rights, which was also reiterated by
Secretary-General report, In Larger Freedom.
3) Decision of the Secretary-General No. 2005/24 on Human Rights in Integrated Missions, 2005.
4) Note of the Secretary-General on Guidance on Integrated Missions, 17 January 2006.
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The following documents confer upon the peace operation and its leadership important
responsibilities related to the integration of human rights in peacekeeping missions.
• Memorandum of Understanding DPKO-OHCHR (2002);
• Decision of the Secretary-General No. 2005/24 on Human Rights in Integrated

Missions (2005);
• Note of the Secretary-General on Guidance on Integrated Missions (2006);
• IASC Human Rights Guidance note for Humanitarian Coordinators (2006);
• Decision of the Secretary-General No. 2006/47 on Rule of Law;
• Decision of the Secretary-General No. 2007/11 on Security Sector Reform;
• DPKO/DFS, United Nations Peacekeeping Operations Principles and Guidelines

(2008);
• Decision of the Secretary-General No. 2008/24 on Integration; and
• OHCHR/DPKO/DPA Policy Directive on Public Reporting by Human Rights

Components of UN Peace Operations (2008).
All UN entities within the mission (military, police, and civilian components) and in the mission area (the UNCT and
each of its individual agencies) are responsible for protecting and promoting human rights and applying international
human rights and humanitarian law standards. The Head of Mission — the SRSG — and his/her deputies must ensure
that adequate instructions and procedures are provided to all the UN entities working in the country.
Directives to staff, standard operating procedures (SOPs), support to investigations and action against
impunity, benchmarks and indicators, coordination meetings, contents of reporting, and donors’ conferences are all
opportunities to mainstream human rights in the mission work.
Both the SRSG and the DSRSG/RC/HC should rely on the head of the human rights component of the mission
to receive updates and expert advice on all matters related to the situation of human rights in the country and
the appropriate strategies to tackle those problems. Senior mission leader meetings and UNCT discussions offer
opportunities to address human rights concerns at a higher level.
Mission leaders such as the peace operation FC commanding the military peacekeepers, and the police
commissioners commanding the UN Police force are also key actors. Experience shows that without a proper direction
given from the top, particularly in hierarchical systems like the army and the police, with the exception of a few
committed actors, it is difficult to ensure that procedures and instructions become routine practice.
Section 8.2 The Work of Human Rights Components in Peace

Operations
All the human rights functions and activities of a peace operation should be coordinated by the human rights
component. The component provides an integrated approach to human rights promotion and protection, paying
due attention to civil, cultural, economic, political, and social rights, including the right to development, and to the
special needs of women, children, minorities, internally displaced persons, persons with disabilities, and other groups
requiring special protection.
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The purpose of the human rights component is to contribute, together with the other components, to the
implementation of the mission mandate. The aim is to prevent and redress human rights violations by monitoring the
human rights situation, issuing public reports, and assisting in building national capacities to address human rights
issues. The activities are carried out in line with international human rights and humanitarian law standards.
The human rights component’s support to the host State must help to ensure that human rights are respected,
protected, and fulfilled. Depending on the situation in the country, short-term and long-term outcomes will be
expected. These results will be consequent to immediate actions such as preventing and halting violations; mid-
term actions such as promotion and providing remedies for the affected population, strengthening State’s capacity,
and empowering local organizations; and more long-term actions such as supporting the establishment of national
human rights institutions.
Human rights components are financed and supported operationally and administratively by the UN department
in charge of the mission (DPO or DPPA), and also receive guidance and support from OHCHR. This may take the form
of substantive advice, funding for technical cooperation activities, training materials and publications or deployment
of human rights officers (HROs) with particular expertise.5 In specific circumstances, the Rapid Response Unit located
at the OHCHR headquarters may provide the human rights component with additional temporary staff to fill capacity
gaps (investigations, elections, start-up or transition, etc.).
The OHCHR Field Operations and Technical Cooperation Division (FOTCD) represents each human rights
component of each peace operation with a dedicated desk officer who liaises with the field presence and provides the
necessary backstopping support to the component. The desk officer is a real “front person” for the field operation and
routes different field requests to the relevant offices within OHCHR.
Head of the human rights component
The head of the human rights component has both representative and coordination roles.
He/she reports to the SRSG, either directly or through one of the two deputies as appropriate, and is also the
representative of the High Commissioner for Human Rights in the country. This means that he/she has a double
reporting line: to the SRSG and to the High Commissioner for Human Rights in Geneva. On this point, the head of
the human rights component ensures that public reports are issued in consultation with the SRSG and HRC/OHCHR.
In addition to being the principal adviser to the SRSG on all issues related to human rights, including
investigation of human rights violations, transitional justice and the fight against impunity, and other activities
related to human rights work, the head of the human rights component represents OHCHR within the UN country
team, including with respect to the UN Development Assistance Framework (UNDAF) and the Consolidated
Humanitarian Appeal/Consolidated Appeal processes (CHAP/CAP) (see 7.3 in Lesson 7) to ensure that human rights
issues are fully integrated into political, humanitarian, and development efforts and programmes. As an OHCHR
representative, he/she ensures that human rights considerations are reflected and integrated in humanitarian
activities, including in emergency planning, preparedness, and response, and in the work of the protection clusters.
He/she participates in the Senior Management Team (SMT) and provides other heads with information on ongoing
activities and the general human rights situation. He/she advises colleagues on suggested measures and practices
to better protect and promote human rights in the mission area. Finally, he/she represents the mission and OHCHR
in human rights matters during contacts with national and international organizations working in the field of human
rights, diplomatic missions, donors, and other international actors.
5) For more information, see the “Human Rights Components of Peace Missions” section of the OHCHR webpage. Available from: <https://www.ohchr.
org/EN/Countries/Pages/WorkInField.aspx>.
202
The advisory, advocacy, and mainstreaming roles of the head of the human rights component ensure continuity
and consistency across the UN peace and security, development, and humanitarian agendas in the mission area.
The role of the head of the human rights component, therefore, is not only key in ensuring that sufficient “weight”
is given to human rights within the operation; they also have a role to play in facilitating a professional and smooth
work environment. Often the presence of an experienced human rights “chief” who combines management/team-
building and political/negotiation skills with human rights knowledge makes a real difference in the implementation
of the mission mandate.
The component’s manager and his/her deputies need to ensure that activities carried out are in line with working
plans and office strategy and that performances correspond to agreed methodological approaches and principles. It
is important to avoid a situation where self-initiative, particularly by officers not sufficiently experienced, results in
preventable wrongs. Staff meetings, feedback by telephone or mail, and revision of reports coming from the field and
staff retreats can all be useful means to ensure professional common action and vision-sharing.
The human rights officers (HROs) constituting the human rights component are often a varied group with different
cultures, experiences, and expectations. It is very important to find in the head of the human rights component not
only a reliable guide but also a good listener.
Compared to past peace operations, current peace operations offer their staff more opportunities for orientation,
training, and information. This is certainly an advantage, enabling staff to fill knowledge gaps, perform better,
and progress more quickly. However, the peace operation remains a very particular working environment often
characterized by remoteness and poor resources, particularly for officers operating in field sub-offices, and requires
a certain mission readiness on behalf of the staff and constant support and mentoring from senior and more
experienced staff.6
Core functions of the human rights component
Human rights monitoring
Human rights components conduct regular monitoring of the human rights situation in the country where they
are deployed. Monitoring comprises of the active collection, verification, and immediate use of information to address
human rights problems. To carry out effective monitoring, the human rights component needs first to have a strategy
6) A large body of literature providing useful lessons learned on the implementation of human rights functions has been developed by heads of human
rights components and other human rights field officers. See: Ian Martin, “A New Frontier: The Early Experience and Future of international Human
Rights Field Operations”, Papers in the Theory and Practice of Human Rights, No. 19 (Human Rights Centre, University of Essex); Ian Martin, “After
Genocide: The United Nations Human Rights Field Operation in Rwanda”, Papers in the Theory and Practice of Human Rights, No. 20 (Human Rights
Centre, University of Essex); William G. O’Neill, “Gaining Compliance Without Force: Human Rights Field Operations”, in Civilians In War, Simon
Chesterman, ed. (Boulder, CO: Lynne Rienner Publishers, 2001), 93–121; D. Marshall and S. Inglis, “The Disempowerment of Human Rights-Based
Justice in the United Nations Mission in Kosovo”, Harvard Human Rights Journal, vol. 16, 2003, 95–146; Michael O’Flaherty, “International Human
Rights Operations in Bosnia and Herzegovina”, in Post-War Protection of Human Rights in Bosnia and Herzegovina, Michael O’Flaherty and Gregory
Gisvold, eds. (The Hague: Kluwer Law International, 1998); William G. O’Neill, “Human Rights Monitoring vs. Political Expediency: The Experience
of the OAS/UN Mission in Haiti”, Harvard Human Rights Journal, vol. 8, 1995, 101–128; Todd Howland, “Mirage, Magic, or Mixed Bag? The United
Nations High Commissioner for Human Rights’ Field Operation in Rwanda”, Human Rights Quarterly, vol. 21, 1999, 1–55; Michael O’ Flaherty, “Future
Protection of Human Rights in Post-Conflict Societies: The Role of the United Nations”, Human Rights Law Review, no. 54, 2003; Todd Howland, “UN
Human Rights Field Presence as Proactive Instrument of Peace and Social Change: Lessons from Angola”, Human Rights Quarterly, vol. 26, 2004;
Roberto Ricci, “Human Rights Challenges in the DRC: A View from MONUC’s Human Rights Section”, Institute for Security Studies (ISS) Workshop
Programme: MONUC and the Challenges of Peace Implementation in the DRC, 97; Nicholas Howen, Chief, Human Rights Division, Observer Mission
in Angola (MONUA), End of Mission Report (May 1998–March 2000); Katja Hemmerich, Officer in Charge, Human Rights and Transitional Justice
Section, UNMIT (1 March 2006–16 March 2007); Wilbert van Hövell, Chief Human Rights and Transitional Justice Section of the UN Integrated Mission
in Timor-Leste (UNMIT), End of Mission Report (1 March 2007–15 May 2008); Roque C. Raymundo, Senior Human Rights Officer, UNAMA, End of
Mission Report (May 2004–May 2008); J. Fernando Castañón Alvarez, Director, UN Human Rights Office in the DR Congo (MONUC HR Division and
OHCHR in the DRC), End of Mission Report 2 (February 2005–8 April 2008); Ettore Di Benedetto, Deputy Chief, Human Rights Section, MINUSTAH,
End of Mission Report (July 2006–March 2008); Ismael A. Diallo, Director of the Human Rights and Justice Division, BINUB, End of Mission Report
(September 2004–July 2008); Yanine POC, Chief of Human Rights Unit and Deputy Director of Human Rights and Justice Division, United Nations
Integrated Office in Burundi (BINUB), End of Mission Report (29 July 2007–28 July 2008).
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based on a clear picture of the environment and the relevant actors on the ground, and also of regional and/or
international stakeholders. In order to do this, it is important for the HR component monitoring team to have a clear
understanding of the system in which they are operating. This requires the human rights component to undertake a
context analysis that will cover legal, historical, socio-political, economic, and other relevant aspects.
Using an appropriate methodology, HROs monitor laws, policies, and news reports; search for documents; carry
out interviews with witnesses, victims, and alleged perpetrators; observe cultural events, riots, political campaigns,
and public speeches; carry out on-site visits; and monitor police stations, courts, prisons, hospitals, obituaries, mass
graves, slums, IDP and refugee camps, orphanages, areas of exploitation of natural resources, demobilization sites,
electoral polling centres, and many other relevant places.
Monitoring has the primary goal of improving human rights protection. By ensuring presence and visibility on
the ground, human rights monitors contribute to the prevention of violations and, when appropriate, can intervene
rapidly to put a stop to them. In situations where the human rights component is not able to ensure adequate
presence in the host country — due to lack of staff, security imperatives, or other factors — or if there is need to
strengthen existing monitoring capacity in certain areas, the human rights component can include mobile teams in
its structure.
The information collected must be verified before it is
to be used. The information needs to be relevant, truthful, Basic Monitoring Principles »

and reliable. By verifying allegations of human rights in
• Know and act according to the
different parts of the country, the human rights component
standards
can better understand the nature and causes of human rights
• Respect the mandate
violations and problems; map relations between different
actors, including direct perpetrators and their institutions or • Objectivity
commanders; identify specificities; link unlawful performances • Impartiality

to legal gaps or other institutional gaps; and relate fresh
• Respect the victims
violations to past abuses or to ongoing economic or war-
• Respect authorities
related interests, such as exploitation of specific areas and/
or illegal trafficking of weapons. Patterns of violations and • Credibility
discriminatory trends will also be identified. • Confidentiality
By evaluating the collected information, the component can • Integrity
adjust and refine its monitoring strategy and support partners • Security
making their interventions and response more effective. A
• Protection of sources
dedicated office within the human rights component is usually
tasked with the analysis of all the information coming from

• Professionalism
different field offices around the country. • Accuracy and precision
To verify and assess information, it can be necessary to • Seek consultation
cross check information already collected with other sources, • Visibility

return to the scene to carry out more interviews, look for
• Sensitivity
more elements, consult with partners who worked on the
same case, get a solid legal opinion on specific issues, etc. If

• Consistency, patience, and
persistence
the information has not been verified sufficiently, it must be
explicitly mentioned in the report to distinguish it from verified • Do No Harm
information.
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Key Definitions »
Monitoring “is a broad term describing the active collection, verification and immediate use of
information to address human rights problems”.*
Fact-finding “describes a process of drawing conclusions of fact from monitoring activities …

entails a great deal of information gathering in order to establish and verify the facts surrounding
an alleged human rights violation or set of violations. Moreover, fact-finding means pursuing
reliability through the use of generally accepted procedures and by establishing a reputation for
fairness and impartiality”.*
Observation “refers to the more passive process of watching events such as assemblies, trials,
elections and demonstrations. It is an aspect of human rights monitoring which requires an on-
site presence”.*
Human Rights Investigation “in-depth examination of a specific allegation by pursuing

and gathering all relevant physical, testimonial, and documentary evidence and then critically
evaluating that evidence so that the truth is revealed by credible and reliable evidence”.+
* from OHCHR Training Manual on Human Rights Monitoring, 9.

+ from Dermot Groome, Handbook of Human Rights Investigations: A Comprehensive Guide to the Investigation and Documentation of Violent
Human Rights Abuses (Human Rights Press, 2001).
Protection of both information and sources is a key requirement of any monitoring activity. Precaution and
proper methodology are particularly required when interviewing local human rights defenders, witnesses, victims,
opposition leaders, and committed national authorities. Human rights officers themselves can sometimes be at risk,
and the human rights component must carefully assess when interviews or visible activities carried out by national
HROs are appropriate. The storage of information collected by the human rights component needs to be handled
carefully and kept securely in a human rights database for further analysis and recording.
Monitoring activities can be carried out by the human rights component alone or in coordination with other
components or agencies working closely on human rights issues (rule of law, child protection, UNHCR, UNICEF,
etc.). When appropriate, joint monitoring with local human rights NGOs and other national actors, who usually have
deeper knowledge of the context, can prove to be beneficial for the monitoring activity. Use of such joint monitoring
mechanisms can also lead to empowerment of these local actors.
Monitoring is both action oriented and protection oriented. Reports and their recommendations and decisions
informed by monitoring results are used to follow up on cases, support victims to get reparation, promote
accountability, and, in the long run, support reforms and change of attitudes.
“Monitoring is particularly sensitive for officials directly involved

in a case who, like witnesses, can provide relevant information,
but also usually play a role in the specific violations.
Consequently, maintaining positive working relationships with
officials at all levels involves a substantial degree of subtlety,
diplomacy and good judgement on the part of programme
supervisors and monitors.
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To maintain these good relationships with all institutions and

actors within the system while effectively monitoring official
conduct, it is critical for the monitoring team to have a clear
understanding of exactly how the institutions and the system
should ideally function and the parameters of each official’s
role. The monitoring team needs to address appropriately the
common tendency of officials in a dysfunctional post-conflict
justice system to exaggerate the limits of their own role and
to blame other components of the system. This tendency
is usually system-wide; between police and prosecutors,
prosecutors and judges, judges and administrators, and so on.”7
Monitoring activities may reveal situations requiring immediate interventions, including through the support of
other components, such as the military and police. Allegations of human rights violations are indications of failures
by local authorities who are guilty of either directly committing these violations or failing to prevent or respond
to them. HROs need to follow up on cases involving the national apparatus (police, prosecutors, and other local
authorities such as mayors, superintendents, community leaders, and ombudspersons).
In some cases, activities related to the monitoring and protection of at-risk individuals may merge. For example,
by accompanying a victim or witness to file a complaint or meet an authority, human rights officers can follow up
on specific cases and value the level of response of State authorities while preventing reprisals or discrimination
against the victims.8
“Human rights officers (HROs) and the operation they are assigned to should make
every effort to address effectively each situation arising under their mandate. Yet,
in reality, HROs will not be in a position to guarantee the human rights and safety of
all persons. Despite their best intentions and efforts, HROs may not have the means
to ensure the safety of victims and witnesses of violations. It is critical to remember
that the foremost duty of the officer is to the victims and potential victims of human
rights violations. For example, a possible conflict of interest is created by the HRO’s
need for information and the potential risk to an informant (victim or witness of
the violation). The HRO should keep in mind the safety of the people who provide
information. At a minimum, the action or inaction of HROs should not jeopardize the
safety of victims, witnesses, or other individuals with whom they come into contact,
or the sound functioning of the human rights operation.”
–from OHCHR Training Manual on Human Rights Monitoring
7) OHCHR Rule-of-law Tools for Post-Conflict States Monitoring Legal Systems, 2006, 27.
8) The OHCHR Professional Training Series No. 7 Training Manual on Human Rights Monitoring remains the main reference for human rights work
in field operations.; see also OHCHR, Istanbul Protocol: Manual on the effective investigation and documentation of torture and other Cruel,
Inhuman or Degrading Treatment and Punishment, Professional Training Series No. 8 and OHCHR, Human Rights in the Administration of Justice:
A Manual on Human Rights for Judges, Prosecutors and Lawyers, Professional Training Series No. 9. Available from: <http://www.ohchr.org/EN/
PublicationsResources/Pages/TrainingEducation.aspx>. A detailed list of the OHCHR Rule-of-Law tools for post-conflict States is provided further in
this Chapter
206
Members of the joint patrol unit of the United Nations Organization Mission in the Democratic Republic of the
Congo (MONUC) and Forces Armées de la République Démocratique du Congo arrive at the three-day temporary
base. September 2008. UN Photo #323770 by Marie Frechon.
Human rights investigations9
The Human Rights component may carry out in-depth investigations into serious human rights violations. Human
rights investigations require a greater amount of evidence collection.
In complex operations, the human rights component can undertake investigations alone or jointly with other
components of the mission such as the UNPOL investigations/serious crimes unit, for example.
Human rights components may have dedicated units for the purpose of investigations. The MONUSCO and
MINUSTAH human rights components, for example, include in their structures special investigations units. These
units can be tasked with mobilization of external resources. For instance, forensic or other experts not available to
the mission may be asked to join special investigations.
Monitoring is a constant function of human rights components implemented throughout the lifetime of the
mission. In-depth investigations are less regular and usually carried out in the aftermath of severe incidents or when
stronger elements to prove patterns of abuses or specific (individual) responsibilities are needed.
Commissions of Inquiry (CoIs), authorized by the Security Council or the Human Rights Council and supported
by OHCHR, can also be sent to countries hosting peace operations, particularly when addressing serious cases of
impunity and past abuses or during the aftermath of massive violations having great national and international
resonance. The human rights component will support the CoI on the ground with specialized personnel, information,
logistics, and other services.
9) Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (New York: United Nations publication E/ST/
CSDHA/.12, 1991); Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman and Degrading
Treatment or Punishment (Professional Training Series No.8/Rev.1, 2004); Dermot Groome, The Handbook of Human Rights Investigations: A
Comprehensive Guide to the Investigation and Documentation of Violent Human Rights Abuses (Northborough, MA: Human Rights Press, 2000).
207
Pranee Inseawong (left), United Nations community police officer (UNPOL) of the United Nations
Mission in Timor-Leste (UNMIT) and other officers, speak to the Internally Displaced Persons
(IDPs) during a visit to their camp. December 2007. UN Photo #187038 by Martine Perret.
Human rights investigations are action-oriented exercises aimed at improving the human rights situation,
preventing further violations, and holding perpetrators to account. An investigation will result in a report and specific
recommendations. Human rights investigations usually require elaborate planning and organization. It is the work of
a team. It includes division of tasks and an agreed methodology.
“Human rights investigations must be adaptable and

responsive to specific contexts and individual circumstances,
but maintain those rigorous standards that are the guarantee
of sound outcomes. No matter what the situation may be, all
investigations entail painstaking discovery procedures and
dispassionate evaluation of information against a framework of
international law.”10
Context analyses, research, interviews, and evaluation are all required for an effective investigation. Investigators
will consult different sources including media reports of various organizations, official documents and judicial
proceedings, ballistic analyses, and photo, video, and satellite imagery. They will meet a variety of interlocutors
including victims, witnesses, authorities, national and international area experts, doctors, military specialists,
anthropologists, and spiritual leaders.
The objectives of the exercise and the level of access enjoyed by the investigators affect pace and results of the
investigation. Carrying out on-site visits and interviewing the “locals”, including witnesses and victims, can provide
the team with first-hand information.
10) Navanethem Pillay, United Nations High Commissioner for Human Rights, “Human Rights Investigations and their Methodology”, lecture at the
Graduate Institute of International and Development Studies, Geneva, 24 February 2010. Available from: <https://unispal.un.org/UNISPAL.NSF/0/C9
222F058467E6F6852576D500574710>.
208
Being on the spot may not always be possible. In the past, human rights investigators, Commissions of Inquiry,
and panels of experts have been prevented by governments or prevailing security situations from accessing areas
affected by violations. In such cases, getting information can still be possible. Witnesses and victims are often
desperate and willing to provide the truth as they see it. If appropriate, the human rights component, through
its contacts, can provide opportunities to witnesses and victims to travel to a safe place where they can meet the
investigators. Telephone and mail contacts and the use of secondary sources are also important.
Moving the focus of the collection gathering can be necessary and, sometimes, beneficial. For example, IDP and
refugee camps are amazing “databases” for violations that have occurred thousands of miles away. Violations often
follow patterns and violations are interlinked. As such, information collected for different cases but related to the
incident under investigation can also be relevant to fill gaps and confirm trends.
Lack of cooperation may also affect the work of investigators. Key actors may refuse to take interviews or
withhold useful information. Different factors are behind such attitudes and on-the-ground circumstances will
determine the best strategies to deal with them.
Analysis and evaluation are important but complex and entail a strict methodology to ensure sufficient reliability
of information. Navi Pillay states:
“The credibility of the entire investigation depends on

corroborating the information provided by one source with that
sought from other independent sources. Indeed, no matter how
reliable a source is deemed to be, information must be verified
against other documentary or oral testimony. A test of validity
often relies on corroboration by at least two additional and
independent sources.”11
Legal analysis will determine if the collected evidence uncovers violations of international law, more targeted
responsibilities, and the content and scope of recommendations.
As is the case with monitoring, the security of witnesses and victims remains the priority of any human rights
investigation. Ensuring that interlocutors are fully informed on the process and adopting rigorous parameters for
interviews and meetings are fundamental. If security is too volatile, it may be recommendable not to meet with
interlocutors. When conditions to meet and interview them are instead suitable, the process must be carefully
handled to avoid the risk of possibly re-traumatizing victims. Both monitoring and investigations are very sensitive
functions. If not conducted in accordance with specific principles and methods, they can lead to unconstructive
mistakes that, in more serious cases, can be harmful to the people with whom HROs interact, such as victims and
witnesses, thereby breaching the “do no harm” principle.
“The human rights officer considers whom to interview, and in

what language, who will translate, where the interview should
be held in order to protect the security of the witness, how the
interview should be recorded so as to protect the security of
the information, what the interviewer needs to know before the
interview, how to deal with cultural differences which inhibit
communication.”12
11) Ibid.
12) Ibid.
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Verified information can become evidence to “make a case” and to identify or confirm responsibilities regarding
an alleged human rights violation. Evidence collected can also be useful for criminal prosecutions by national or local
courts, reports of truth and justice commissions or investigative work by international tribunals such as the ICC and
the ad hoc tribunals. The involvement of HROs with the collection and custody of evidence for criminal prosecution
necessitates respect for certain protocols and policy decisions to be determined by the leadership of the human
rights component.13
Human rights officers are often referred to in the field as “human rights monitors”, “human rights observers”, or
“human rights investigators”. This reflects the perception of outsiders regarding the nature of human rights tasks.
It is important to keep in mind that monitoring and investigations entail different methods and different results.
Furthermore, the human rights work of a peace operation involves much more than monitoring alone. Having said
that, gathering information remains a key task for human rights components enabling them to report on facts,
intervene and advise the government on system gaps and ways to fill those gaps, and promote plausible forms of
accountability, redress, and reform.
Writing Exercise 14: Monitoring »

In a peace operation, monitoring is a very distinctive task of the human rights component.
States often perceive monitoring as an external control on their actions. This can affect
technical support activities where cordial and cooperative attitudes are required. For
example, when the human rights component is doing follow-up on some major abuses
alleged to have been committed by a few police officers, how can HROs provide technical
support to national law enforcement at the same time? One could argue that monitoring
is indispensable for effective capacity-building activities. Monitoring enables human rights
officers to have a clear understanding of which parts of the system are functioning and
which parts are not, and of the causes and potential remedies.
Imagine you are the head of the human rights component. You have to give an orientation
briefing to some new junior HROs who have just joined the mission. Consider the objectives
of action-oriented monitoring and provide them with the position of the office regarding
the interdependence of monitoring and support to national authorities, and some possible
examples of the dilemmas involved and the suggested modes of conduct.
Assessment and reporting
Human rights assessment and reporting are essential elements of the monitoring function of the human rights
components.14
All information collected from staff/offices from across the mission area is analysed and formatted according to
different needs and uses. Analysed information can serve purposes internal to the human rights office, such as the
13) Human rights investigations are different from criminal investigations. They pursue a lesser burden of proof and at times stop at prima facie
evidence and, generally, do not lead to the identification of individual perpetrators; they are carried out over a limited span of time; and, different
from criminal investigators who can operate undercover and may avail themselves of interception techniques undisclosed to the potential witnesses
and interlocutors, human rights investigators always need to identify themselves and agree with interlocutors on methods to record evidence and
testimony.
14) OHCHR Training Manual on Human Rights Monitoring, Chapter XX: Human Rights Reporting, 389–433.
210
Clementine de Jesus (left), a resident of the village of Galitaz, near Suai, is interviewed by human rights staff of the
UN Integrated Mission in Timor-Leste (UNMIT), Signe Poulsen (right) and Cristovao de Jesus. August 2011. UN Photo
#493273 by Martine Perret.
redefinition of the monitoring strategy and methodology. It is also important to orient capacity-building interventions
effectively, strengthen advocacy actions, and build on ongoing reform efforts. Once verified, the information is
credible and accurate and, as such, usable.
Components produce regular reports, including daily, weekly, monthly, and ad hoc reports on the human rights
situation. Flash and incident reports are also issued. Thematic reports requiring research on specific problems or on
the implementation of specific human rights are prepared. The latter can also be drafted in conjunction with other
components or UN agencies, including OHCHR.
The human rights component also provides input for a variety of reports prepared by the peace operation,
including reports of the Secretary-General on the situation of the country, and distributed to United Nations bodies
such as the Security Council or the Human Rights Council.
The analytical products of the human rights component can also support the work of other components such
as Justice/RoL, SSR, the military, UNPOL, and the Joint Mission Analysis Cells (JMACs), feeding regional assessment
reports prepared by civil affairs. The human rights component also provides input to reports on meetings and
activities and other documents produced by joint mission task forces, clusters, or multidisciplinary exercises.
In some cases, the human rights component can undertake studies or research on specific thematic issues. For
example, the UNMIT human rights component in Timor-Leste, in coordination with OHCHR, prepared an assessment
on the right to food; and the UNMIL human rights component in Liberia assessed the situation of human rights in the
rubber plantations in the country.
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Reports can be internal (to the human rights office) or external. External reports can include reports to the
government and to UN bodies. Sensitive information collected by the human rights component through interviews
and observations need to remain internal and confidential. The level of “confidentiality” of a report will depend on
its content. In some cases, distribution will be limited to specific persons within the human rights component itself.
Reports need to be “precise and accurate; based on verified information; promptly prepared; and action-oriented”.15
Separate human rights public reports also constitute a routine activity of human rights components of peace
operations. The human rights component drafts the public report which will be released, as a norm, by the peace
operation. In some circumstances, it can be decided that the public report will be issued by the High Commissioner
for Human Rights unilaterally or jointly with the mission.
It is important that the mission leadership supports a regular human rights public reporting activity. Public
reports should be issued as a general rule, at least every six months, but more frequently if the situation in the
country requires it and the capacity of the human rights component allows for it.
Despite the clear policy on human rights public reporting, there is, in practice, a great deal of sensitivity around
reporting in peacekeeping missions. Reports often point the finger to the failed responsibilities of both the country’s
institutions, if not individuals, and non-State actors. On several occasions, heads of human rights components have
found themselves in challenging positions due to pressure coming from various quarters to delay or simply avoid
issuing human rights reports. The political climate in the country at the moment of the planned release is important;
however, political considerations should not prevent the release of a report. The political climate in the country will
likewise determine the type of follow-up strategy to be adopted after the issuance of a public report.
Public reports “are key protection, promotion and advocacy tools that identify, inform or alert national stakeholders
and the international community on the human rights situation in the country or, for example, on a development or
event of concern”. They present “an impartial analysis of the performance/progress of the State in fulfilling its human
rights obligations” but also “on the role of other duty-bearers to protect human rights”. Through their recommendations
they “assist the government and other duty-bearers to develop effective responses to specific human rights issues with
a view to improving the human rights situation”.16
Advocacy and intervention
Advocacy and intervention are strictly linked to the monitoring function. These functions comprise developing
contacts and commitments among different relevant stakeholders, both national and international; shaming publicly
inacceptable human rights violations through reports or media programmes; sharing information with international
think-tanks; and taking part in international conferences, including donor meetings to get necessary support for
human rights protection.
Public reporting is an advocacy tool which makes an impact, both at the national and international levels.
Stepping into a police station to follow up on an allegation of a human rights violation is part of the intervention
function. It reminds the police of the role and the objectives of a human rights presence in the country.
The peace operation’s SRSG can release press statements or other public statements on the human rights
situation in the country. Such action shows the human rights concern coming from the peace operation as a whole.
In coordination with the SRSG and OHCHR, statements can also be released by the head of the human rights
component. Other mission leaders, such as the FC or the police commissioner can also talk publicly indicating
responsibilities of relevant actors, such as parties to the conflict and law enforcement forces.
15) Ibid., 389.

16) Joint DPKO/DPA/OHCHR Policy Directive on Public Reporting by Human Rights Components of United Nations Peace Operations of July 2008.
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The human rights component can support local human rights NGOs in releasing their own statements and
reports. This enhances national public advocacy and can facilitate visits by country or thematic special rapporteurs,
who through their recommendations, may add an independent and external appeal to the advocacy strategy of the
human rights office and the peace operation as a whole.
The organization of human rights campaigns on specific human rights issues can have both a solid awareness
and advocacy intent. TV or radio programmes raising human rights concerns can be a motivating factor for local and
national politicians to address human rights issues. Strikes denouncing poor employment conditions, lack of health,
or lack of housing facilities are events that need to be observed and made visible.
Links with INGOs, diasporas, international news, diplomatic corps, regional organizations, etc. are much needed
to ensure that messages are brought to the attention of the international arena quickly and effectively.
Protection of individuals at risk
Depending on the peace operation’s mandate and the procedures in place, human rights officers can be expected
to carry out protection activities aimed to save lives and prevent violations affecting the physical and mental integrity
of individuals at immediate risk.
Peace operations such as MONUSCO (MONUC) for example, have a strong protection mandate which includes
protection of civilians, including “human rights defenders, under imminent threat of physical violence, in particular
violence emanating from any of the parties engaged in the conflict”.17 The mission in the DRC has extensive experience
in witness protection and has been developing specific procedures for that purpose. Human rights components of
other operations are also confronted with requests of urgent protection coming from key actors; it is important for
human rights officers to know how to handle such requests.
Human rights defenders; victims and witnesses; women and children; political activists; media representatives;
national HROs and NGO representatives; demobilized combatants (including children targeted by former comrades
or members of communities); authorities involved in following up cases of past abuses involving military, police,
rebel leaders, and politicians still in power; and sex slaves and other trafficked persons are individuals who may be at
particular risk of reprisals due to their activities or to having witnessed the perpetrators in action. Women can be at
risk of sexual violence used as a conflict method or intimidation. In some cases, at-risk individuals may be involved
in truth-telling exercises or in key trials.
The protection of these individuals and of all citizens is a responsibility that falls primarily upon the host State.
Depending on the situation, the human rights component will have to decide at which stage to intervene with the
State authorities. In some cases, it will be necessary for human rights officers to seek written assurances from
authorities, possibly with the support of other stakeholders, that the State is committed and able to protect people at
risk. In some cases, the State’s responsibility to protect could be at stake due to lack of capacity.
Physical presence, which includes regular transparent visits to specific at-risk individuals — which can also
lead to direct contact with the prospective perpetrators — can enhance protection. Requests for protection may be
raised in areas where human rights officers are not deployed. In such situations, coordination with other mission
components, including the military, might be required. Physical protection has a main security component; sharing
information with, and getting the support from, the mission military and/or police forces is key in this process.
Coordinating the relocation of individuals under threat can also be necessary.
17) SC/9939.
213
Civilians seeking shelter at the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)
headquarters in Bunia. May 2003. UN Photo #25659.
Human rights officers may be requested to provide direct protection through shelter within UN premises. The
decision to offer protection will be based on specific requirements and procedures emanating from the protection
strategy of the mission. Using the peace operation’s premises to protect individuals requires consultation and
approval by the mission leadership. The mission will need to ensure capacity and include specific mechanisms for
such a purpose. The involved risks, the capacity of the component, and other factors will need to be considered
before taking any action. Protecting the life of an individual does not allow compromises and withdrawals. In many
cases, physical protection to victims and witnesses will continue with other support actions aimed to ensure their
access to justice.
Seeking support from another specialized organization to offer protection or advise on a problem may also be
recommended in appropriate situations (UNHCR, UNICEF, ICRC, Doctors Without Borders, trauma-healing INGOs,
international lawyers and legal advisers, etc.). Human rights officers may have a strong network of both international
and national NGOs and civil society, including faith-based organizations, on which reliance can be placed to ensure
support for the purposes of physical protection of those at risk.
Advising and capacity-building
Provision of technical advice is a constant activity of HROs. It may be carried out in a more informal way through
individual or group discussions and meetings with local and national authorities in need of good practices, or in a
more elaborate manner envisaging a real “project” aimed at lasting support and capacity-building results. In both
cases, solid technical skills are required in legal or other specific areas, including project management, training and
evaluation, institutional organization, and monitoring and planning.
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Emergency capacity-building efforts towards protection will be followed by more robust and long-term activities
in line with National Human Rights Action Plans and other similar action plans.
Most of the countries where peace operations are deployed usually have legislation covering different areas such
as health, education, policing functions (including arrest, interrogation, and detention), involvement of armed forces
during states of emergency, concessions for exploitation of resources, etc. Conversely, there are also many cases
in which these laws do not sufficiently integrate international human rights standards, if they do so at all. The legal
experts of the human rights component can advise national legislators on necessary revisions. Such processes may
also be part of the harmonization of national law with ratified international human rights instruments.
The capacity-building function of the human rights peace operation also includes efforts in the area of education,
including integration of human rights in the curriculum of schools; establishment of human rights clubs; training for
teachers; support with publications; and establishment of human rights centres.
Strengthening the capacity of local actors (e.g. national and local authorities, civil society organizations, and
national human rights institutions) is a key goal of the human rights component. Distance between population and
law enforcement needs to be based on trust and lawful service delivery. Management of prisons and treatment of
detainees must observe international standards. The possibility for the people to get answers and support from the
State must be real and not based on privileges. These recurrent problems require multidisciplinary capacity-building
interventions — with contribution from both the mission and from external actors.
Capacity-building, including awareness and training, is also devoted to human rights and other NGOs and to
the civil society organizations, including human rights defenders, women’s groups, victims’ organizations, religious
groups, disabled persons organizations, media representatives, trade unions, and the business sector. Support can
also include on-the-job training on how to monitor and advocate, the establishment of funds for assistance to
victims, the facilitation for participation of NGO representatives in courses abroad, and the provision of technology
and office space for NGOs.
Transitional justice
Countries emerging from conflicts and authoritarian regimes need to confront their recent past and provide
opportunities for reconciliation and justice to their populations. This requires a comprehensive transitional justice
strategy which may include initiatives such as truth commissions, prosecutions, reparations, vetting, and other
accountability or reform programmes.
UN policy decisions confer upon the human rights component, in coordination with OHCHR, the lead in specific
areas of rule of law including transitional justice.
Human rights components facilitate transitional justice dialogues and consultations or processes such as the
establishment of truth and reconciliation commissions or special tribunals or courts. For example, they support truth
commissions with training and “materials that set out international best practice for truth commissions, as well as
background on international human rights and humanitarian law that may be relevant to the investigations. The United
Nations human rights component or the local OHCHR office may also facilitate the provision of international expertise
that it can access from other countries, including providing consultations or training with persons who have worked
directly for truth commissions elsewhere. This is often done in conjunction with international NGOs.”18
Human rights components support governments by setting up accountability and compensation mechanisms;
advising on security sector, judicial, and legislative reforms; enabling civil society to participate in transitional justice
18) OHCHR, Rule of Law Tools for Post-Conflict States, Truth Commission, 34.
215
processes; liaising with the ICC or other relevant special tribunals; liaising with organizations to support families of
missing persons; training justice administrators, lawyers, and law students on legal aspects of human rights protection;
working and strengthening the capacity of the political sector in view of ensuring support to these processes; and
conducting mapping of past human rights violations.
In August 2008, for example, the Democratic Republic of the Congo (DRC), following a request by the Secretary-
General to formulate options for transitional justice in the DRC, the OHCHR/MONUC human rights component,
mandated by the Security Council, in cooperation with the DPKO and UNDP, led a mapping exercise aimed at creating
an inventory of the most serious human rights and international humanitarian law violations carried out between
1993 and 2003.19
Human rights components often include transitional justice units in their structures: examples are MONUC,
UNMIL, BINUB, UNMIT, and UNAMID human rights components.
Human rights components may also be actively involved in vetting operations, usually in conjunction with other
actors — such as UNPOL — and as part of a process linking transitional justice with security sector reform (SSR). In
Haiti, for example, the human rights component works closely with the UN Police, and has a dedicated vetting unit
that assesses the backgrounds and profiles of members of the national police forces.
OHCHR Rule-of-Law Tools for Post-Conflict States »

• Truth Commissions (2006);
• Mapping the Justice Sector (2006);
• Monitoring Legal Systems (2006);
• Prosecution Initiatives (2006);
• Vetting: An Operational Framework (2006);
• The Legacy of Hybrid Courts (2008);
• Reparations Programmes (2008);
• Amnesties (2009); and
• National Consultations on Transitional Justice (2009).
These tools are meant to provide field missions and transitional administrations with the
fundamental information required to effectively advise on the development of transitional
justice mechanisms, in line with international human rights standards and best practices.
The catalyst for the tools was the need to ensure sustainable, long-term institutional
capacity within the United Nations field presences and transitional administrations to
respond to the demand for policy guidance on transitional justice issues.
The full text of each of these OHCHR Rule-of-Law tools can be found at:
<www.ohchr.org/EN/PublicationsResources/Pages/SpecialIssues.aspx>.
19) Mapping Exercise of serious human rights and international humanitarian law violations committed in the Democratic Republic of the Congo between
1993 and 2003. The exercise pursued a three-pronged approach: (1) documenting gross human rights violations committed between 1993 and 2003
in the DRC; (2) assessing the existing capacities within the national justice system to deal with such human rights violations; and (3) formulating
proposals for the creation of appropriate transitional justice mechanisms to address the legacy of these violations in terms of truth, justice, reparation,
and reform. Navanethem Pillay, United Nations High Commissioner for Human Rights, “Human Rights Investigations and their Methodology”.
216
UN human rights team and

Commission of Inquiry visit the
mass grave at Sikasso de Yopougon-
Koweit in Côte d’Ivoire. May 2011.
UN Photo #477499 by Basile Zoma.
When vetting is carried out seriously, human rights components must assess and cross-check with various
sources, including the local reputable NGO network, the level of responsibility of security forces vis-á-vis past abuses;
support national authorities in establishing mechanisms enabling the population to have a transparent understanding
of the process and possibly contribute to the search for truth; review the list of candidates of the reformed force; and
contribute to solid training on international standards and to the development of curricula and codes of conduct.20
In-mission Training, Advice, and Assistance
Human rights components support other mission components in integrating human rights in their work through
concrete and practical methods. At the senior level, the head of the human rights component has the opportunity to
advise the heads of other components on human rights during senior leaders meetings, retreats, and other exercises.
At the field level, components regularly coordinate field actions through meetings, sectoral work plans, and more
informal discussions where human rights officers can advise on approaches in line with international standards.
Adoption of new UN human rights-related policies, reports, and other documents by UN human rights bodies and
other departments may require the human rights component to step in and brief mission colleagues on new directives
or recommendations and translate them into feasible actions.
Human rights training is compulsory for all components at the induction stage to provide newly arrived civilian,
police, and military colleagues with an explanation of the human rights mandate, key human rights policy principles,
and partnership opportunities.
In-mission training for military peacekeepers, UNPOL, and other personnel is also carried out by human rights
officers, according to need.
Mainstreaming human rights across the peace operation, the UNCT, and the humanitarian
partners
The head of the human rights component takes part in the coordination meetings of the UNCT and he/she
advises the DSRSG/HC/RC and the other members on the correct human rights approach in programming and
budgeting. He/she assists the UNCT members in integrating human rights concerns and priorities in their activities
and objectives.
20) Decision of the Secretary-General No. 2006/47 on Rule of Law; Decision of the Secretary-General No. 2007/11 on Security Sector Reform.
217
The human rights component, depending on the mission, may chair or co-chair the protection cluster/working
group with UNHCR or UNICEF and the sub-working group on Rule of Law and Justice with UNDP.
Supporting UN human rights mechanisms
The human rights component provides the necessary support to visits by country or thematic special procedures
of the Human Rights Council like special rapporteurs and working groups. The reports issued by the human rights
component and the contact developed on the ground are very precious for the work of special procedures, United
Nations human rights treaty bodies, and the Human Rights Council.
Human rights components also facilitate the “reading” by relevant State authorities and other mission components
of newly issued documents, e.g. general comments by treaty bodies, special procedures recommendations, Human
Rights Council resolutions, etc. In some cases, press conferences are organized at the national level to ensure wider
dissemination.
Writing Exercise 15: Investigating Violations »

Two representatives of a local women’s group came to the UN regional office and met
a human rights officer. They reported several cases of domestic violence occurring in
settlements inhabited mainly by demobilized combatants and their families. They provided
the HRO with copies of letters that their group had written to the police regarding a few
specific cases. They said that the police never responded.
The women’s group provided the HRO with the names of three battered women living in
one of the settlements. One of them was in an advanced stage of pregnancy and due to the
violence had lost her baby. She required urgent medical treatment but her husband did not
allow her to go to the hospital because he was afraid of being arrested. They also provided
the HRO with the name of a female human rights defender who is living in a nearby
settlement and could facilitate a meeting with the battered women.
The HRO decides to visit the settlements to get an idea of what kind of protection is
available there. He first goes to the local police station. He speaks with a captain and tells
him that he is visiting the settlement since some cases of domestic violence were reported
to him. The captain said that he is aware of the abuse, but that it was normal practice
among demobilized soldiers. He also said that those issues needed to be solved locally
through traditional means. The captain, however, asks for more details so he can help
with the situation. The HRO provides him with the names of the three battered women,
the human rights defender, and also of the two ladies of the women’s group who came to
his office. The captain laughs and says he knows all of them, and dismissively states that
the “women network” tends to exaggerate, before taking leave to tend to “more serious”
problems.
Considering the basic principles of monitoring, how would you assess the conduct and
methodology displayed by this HRO? What should have been done differently?
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Talking with Experts*
Human Rights Functions in Multidimensional Operations:

The Daily Work Of MINURCAT
MINURCAT, the United Nations Mission in the Central African Republic and Chad, was authorized by the
Security Council with resolution 1778 adopted on 25 September 2007, in consultation with the authorities of
Chad and the Central African Republic (CAR).
The main objective of MINURCAT was to provide stability and protection in the eastern part of Chad
and CAR where, since 2003, more than 240,000 Sudanese refugees fled from the conflict in Darfur, joined
by approximately 45,000 refugees from CAR and some 180,000 Chadian IDPs, the latter being a result of
the civil war in the eastern part of the country. To add complexity to this already tense scenario, the border
between Chad and Sudan was characterized by incursions and attacks by armed groups based in eastern
Chad and Darfur, posing a serious threat to security in the region and resulting in serious violations of human
rights.
Initially, MINURCAT was conceived as a multidimensional peace operation comprising of UN Police and
civilian components — including human rights section — and a European Union military force (EUFOR). On
14 January 2009, with resolution 1861, the Security Council expressed again its deep concern at armed
activities and banditry in eastern Chad, and authorized the deployment of a military component of MINURCAT
to follow up EUFOR in both Chad and CAR.
On 15 January 2010, the government of Chad informed the Secretary-General through a note verbale
that it wished MINURCAT to withdraw from Chad as of 15 March 2010.
The request of the government of Chad certainly took the UN by surprise. The request came soon after
the visit of Chadian president, Idriss Déby, to Sudan and as such can be read as the result of normalization
of relations between the two countries. The local and presidential elections in Chad in November 2010 and
April 2011 were also a determining factor.
A series of negotiations led finally to the adoption of resolution 1923 on 25 May 2010. Under the
new mandate, the government of Chad assumed full responsibility for the protection of civilians, under
international norms. The MINURCAT military component started gradual withdrawal of its military component,
and the civilian component of the mission worked with the government in consolidating gains achieved so far
and assisting in developing plans for their sustainability after the end of the mission on 31 December 2010.
A working group comprising UNPOL officers

and Chadian police and gendarme officers
part of the newly born Détachement
integré de sécurité (DIS) discuss during
a group activity in the context of the first
Training of Trainers course for DIS trainers
and UNPOL mentors, in N’Djamena, Chad.
(January 2008)
219
Planning and start-up
MINURCAT was one of the first operations, along with UNAMID, to be planned in an integrated manner.
OHCHR was involved since the beginning in the planning process, and human rights officers took part in the
technical assessment mission (TAM) and ensured regular coordination with DPKO and the other members of
the UN strategic task force during the entire pre-mission planning. The TAM identified specific needs in terms
of protection of human rights and enhancement of the rule of law in eastern Chad.
The initial technical assessment mission identified serious gaps in the rule of law. The mission mandate
reflected those recommendation and action was recommended to train authorities on international standards,
to reinforce the independence of the judiciary, and to fight impunity.
In the start-up phase of the mission, and in close coordination with DPKO Police Division Standing
Police Capacity (PD-SPC), OHCHR contributed to the formulation of the UNPOL CONOPS, which included a
comprehensive mentoring and training strategy in view of building the capacity of an ad hoc national police
force, composed by Chadian police and gendarmery, the Détachement Integré de Sécurité (DIS), having
specific tasks for the provision of security in and around refugee and IDP camps in eastern Chad.
In January 2008, OHCHR and SPC co-developed the first Training of Trainers course for DIS trainers and
UNPOL mentors. Those modules and materials became part of the regular curriculum of DIS trainees. In April
2008, MINURCAT provided the first training for DIS commanders.
The MINURCAT human rights component started its activity in April 2008. The office had four regional
field offices in Abéché, Farchana, Iriba, and Goz Beïda, as well as a liaison office in N’Djamena. The human
rights mandate of MINURCAT included the monitoring, promotion, and protection of human rights in Chad, and
other actions to fight impunity, to strengthen the capacity of the government of Chad, and to empower the
civil society, including through training on international human rights standards.
The human rights component worked very closely with the judiciary and the police in such a way as to
encourage them to carry out investigations and take actions in favour of the victims when allegations of human
rights violations were monitored. In view of the adoption of a human rights plan for Chad, the human rights
component also supported the Chadian Ministry of Human Rights and Promotion of Liberties in organizing a
national human rights forum and facilitating consultations. Reinforcement of capacities through training and
other projects also targeted other key local organizations.
Coordination between UNPOL and the human rights component
The positive collaboration commenced during the planning and start-up phase between human rights
and police officers, and continued during the plan’s implementation. UNPOL and the human rights component
exchanged information and shared a common database, and coordinated their respective activities. The
human rights component also provided induction training for UNPOL officers and leads joint human rights
investigations.
UNPOL was responsible for the main coordination role regarding the selection, training, and advice of the
DIS. Since the beginning of the peace operation, along with other components such as UNPOL, the rule-of-
law component, and the gender adviser office, the MINURCAT human rights component provided training on
human rights aspects of policing tasks to the DIS.
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Détachement integré de sécurité
DIS officers were responsible for the provision of security in and around refugees’ camps and sites for
IDPs in eastern Chad, within a radius of 10 kilometres. There were 12 refugee camps and some 35 IDPs camps
in eastern Chad.
In addition to receiving the eight-week training in N’Djamena, DIS officers upon deployment to eastern
Chad were equipped with uniforms, weapons, and vehicles. They also received allowances. They did not,
however, supervise detention posts. If they arrested someone, they were to hand that person over to the
regular Chadian police based in the towns. To make this protection process sustainable, it was key then to
liaise with all the Chadian security forces: the police, the gendarmery, the national nomad guards, and the
Chadian armed forces.
Human rights officers regularly visited IDP sites, refugee camps, and villages in eastern Chad. Positive
developments implemented by DIS are the establishment of ad hoc offices dealing with complaints or requests
of assistance by women and children. DIS female officers were present at these offices to receive complaints
and testimonies by women.
The selection of DIS officers by MINURCAT was a very formal process. The nominees were submitted to
MINURCAT directly by the government. The information provided was limited to their names and ranks. As the
human rights component, we consulted with our NGO network to operate a check for each candidate; however,
the local NGO capacity was limited and so too was the information available. Following a successful test and
interview, the candidate undertook training. We cannot really say that the United Nations was involved in the
choice of DIS.
Officers of the United Nations Police (UNPOL) and Détachement intégré de sécurité (DIS) interview Sudanese
refugees in their camp in Farchana, Chad. (UN Photo #354860 by Olivia Grey Pritchard, February 2009)
221
The Judiciary and Impunity
The presence of the State in eastern Chad is very weak. Most of magistrates stayed in N’Djamena, and
the crime rate in this eastern region remained high. Big portions of eastern Chad did not have courts and
were left without any justice. As mentioned above, we worked very close with the judiciary: we followed up
on allegations, and supported, advised and put pressure on prosecutors and judicial authorities to take action
towards impunity. The reaction was often slow but considering the trend before MINURCAT’s deployment,
developments were still positive.
Accountability was the main challenge. Cases of allegations of violations, including those committed by
DIS officers, who were often not investigated.
The human rights component worked very closely with other relevant components and agencies, such
as the rule-of-law component and UNDP. Mobile courts were established to enable the population in remote
areas and community to access justice. Coordination efforts saw the rule-of-law component liaising directly
with the judiciary authorities; the human rights component doing trial monitoring; and UNDP providing funds
and logistics.
Lack of competent authorities and staff was a problem. To help the population with legal assistance, a link
was created by the Lawyers Association of N’Djamena (Maison d’Avocats) to have lawyers coming to eastern
Chad to provide their legal assistance. A Bureau d’Assistance Juridique was functioning in Abeche providing
support to victims.
Lack of competent magistrates required strengthening local capacities. Justices of the Peace were
appointed in magisterial courts after undergoing three weeks of specialized training that enabled them to hear
more serious crimes. From November 2009 to February 2010, the human rights component contributed to the
mission’s effort to train local public administrators.
Withdrawal
The Chadian government criticized the slow achievements of MINURCAT and expressed its intention to
not extend its mandate after May 2010. After negotiations, the mandate finally expired at the end of 2010.
Since MINURCAT’s withdrawal, many concerns have arisen. Any action aimed to strengthen national
mechanisms and make them sustainable requires — in addition to a stable environment — a period of
monitoring and evaluation.
The security situation in Chad remains very critical. Human rights abuses including rape and other human
rights violations against women are ongoing; recruitment of child soldiers and other concerns continue;
attacks carried out by members of Chadian and Sudanese armed opposition groups, members of the Chadian
security forces, and other armed elements are frequent; and the IDP and refugee camps remain insecure and
vulnerable. Other serious human rights abuses take place during clashes between ethnic groups including
nomads and communities competing for the use of natural resources. Even attacks against humanitarian
personnel occur.
* This section compiles the personal impressions gathered by the author during his mission to Chad in 2008 and during meetings held with
OHCHR and other UN and non-UN officials.
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Lesson Summary
• SRSG and human rights in peace operations: The SRSG must ensure that all UN components pursue
a coordinated and coherent approach; enforce policies, decisions, and practices; ensure that adequate
instructions and procedures are provided to all the UN entities working in the country; be committed to
human rights and has the proven ability to apply, monitor, and evaluate human rights; and uphold human
rights law in the implementation of the mission’s mandate.
• The human rights component of a peace operation must coordinate all the human rights functions and
activities of a peace operation; provide an integrated approach to human rights promotion and protection;
support the host State in order to ensure that human rights are respected, protected, and fulfilled; and
receive support from OHCHR with training, policies, publications, legal and thematic assistance, and funding.
• The head of the human rights component is the representative of the High Commissioner for Human
Rights in the country and reports to both the SRSG and the High Commissioner for Human Rights in Geneva.
He/she provides advice to the SRSG and the DSRSG/HC/RC (coordinating the UNCT) and takes part in the
IASC Humanitarian Country Team and the global clusters. He/she is also responsible for supervising the
human rights staff and ensuring that the mandate, strategies, policies, and instructions are understood by
all HROs.
• Core functions of human rights components:
-- Human Rights monitoring, fact-finding, observation, investigation;
-- Assessment and reporting;
-- Advocacy and intervention;
-- Advising and capacity-building;
-- Transitional justice;
-- In-mission training, advice, and assistance;
-- Mainstreaming human rights across the peace operation, the UNCT, and the humanitarian partners;
and
-- Support UN human rights mechanisms.
• Monitoring principles:
-- Know and act according to the standards; -- Integrity;
-- Respect the mandate; -- Seek consultation;
-- Objectivity; -- Respect the victims;
-- Impartiality; -- Respect authorities;
-- Confidentiality; -- Credibility;
-- Security; -- Visibility;
-- Protection of sources; -- Sensitivity;
-- Professionalism; -- Consistency, patience, and persistence; and
-- Accuracy and precision; -- Do no harm.
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1. Which of the following items best 3. “In integrated missions, the head of the
describes the main responsibility of the human rights component should take
Special Representative of the Secretary- part in the peace operations’ senior
General regarding the integration of meetings chaired by the SRSG and in the
human rights in the peace operation he/ UNCT’s meetings chaired by the DSRSG/
she is heading? HC/RC.” This statement:
A. Be committed to human rights and possess A. Is true
the ability to apply, monitor, and evaluate B. Is false
human rights in peace operations C. Is true only if the mission is multidimensional
B. Develop policies and concepts of operations D. Depends on the personality of the SRSG and
integrating human rights his/her deputy
C. Devise an effective coordination mechanism
among the security, political, human rights, 4. What are the core human rights
functions of the human rights
rule of law, humanitarian, and development
component?
components of the missions
A. Observing, monitoring, researching,
D. Chair the UNCT and the humanitarian team
coordinating support to the FC, and tracking
together with the head of the human rights
separated relatives
component
B. Monitoring and reporting, supporting national
2. Human rights components are supported authorities, and mainstreaming human rights
by the Office of the High Commissioner across the peace operation and the UNCT
on Human Rights in Geneva. How is this
C. Observing, facilitating, recruiting, and taking
support provided?
part in TAMs
A. Human rights officers in the field can get
D. Attending Security Council mandates’
assistance from the HQs with legal support,
revisions discussions, monitoring trends
policies, training materials, publications,
and violations, and observing cross-border
funding for specific capacity-building projects
movements
and, in some cases, support with temporary
staff 5. Requirements for _____ include:
B. Every two months human rights officers in following the peace operation’s
the field are entitled to rest and recuperation
mandate; ensuring objectivity,
confidentiality, security, protection of
paid by OHCHR
sources, professionalism, and sensitivity;
C. Human rights officers can get support and respecting victims and authorities.
by OHCHR human resources to fill up
A. planners
their personal history forms and personal
B. human rights-oriented SRSGs
evaluations
C. human rights monitors
D. Human rights officers represent the High
D. national investigators
Commissioner on Human Rights in the
field and have free access to all places of
detention and police stations
224
6. Which of following best defines 8. The “Do No Harm” principle primarily

“monitoring”? entails _____.
A. Development of contacts and commitments A. acting honourably and in such a manner that
among different relevant stakeholders and does not affect the legitimacy of the mission
publicly shaming unacceptable human rights B. respecting the national authority
violations C. making sure that one’s action or inaction as
B. Watching events such as assemblies, trials, an HRO does not jeopardize the safety of
elections, and demonstrations, which always victims, witnesses, or other individuals
require an on-site presence D. adhering to the customs and traditions of the
C. In-depth examination of a specific allegation host country
by pursuing and gathering all relevant
physical, testimonial, and documentary 9. Human rights public reports by peace
operations are important because
evidence and then critically evaluating that
_____.
evidence so that the truth is revealed by
A. they identify, inform, or alert national
credible and reliable evidence
stakeholders and the international
D. Active collection, verification, and immediate
community on the human rights situation in
use of information to address human rights
the country
problems
B. they provide an impartial analysis of the
7. A comprehensive transitional justice performance/progress of the State in
strategy may include such initiatives as fulfilling its human rights obligations
_____.
C. they assist the government and other duty-
A. truth commissions, reparations, vetting, and bearers to develop effective responses to
other accountability or reform programmes specific human rights issues with a view to
B. establishment of mobile courts, election improving the human rights situation
education campaigns, and training of D. All of the above
national human rights ombudspersons
C. trial monitoring, detention monitoring, and 10. Which of the following is NOT a
monitoring principle?
election monitoring
D. providing direct legal assistance to persons A. Respect the mandate
left out of the distribution of food items B. Documentation

C. Protection of sources
D. Seek consultation
Answer Key »
1. C
2. A
3. A
4. B
5. C
6. D
7. A
8. C
9. D
10. B
225
LESSON
9 Human Rights Partners
In addition to the human

rights component, modern
multidimensional peace
operations include other
substantial components,
several of which contribute
to human rights protection
and promotion.
UN Photo #147708 by Martine Perret.
Section 9.1 Coordination and Support • Be familiar with both internal and external human rights
between the Human Rights partners.
Component and Other Civilian
Components • Understand how human rights partners collaborate to
achieve human rights objectives.

Section 9.2 The Military Component and
Human Rights
Section 9.3 UNPOL and Human Rights
Section 9.4 External Human Rights Partners
226
LESSON 9 | Human Rights Partners
A view inside the old courthouse in Clay Ashland, Liberia, before court officials move into a newly-constructed magistrates’ building
next door. The new building is one of UNMIL’s Quick Impact Projects, known as QIPs, which refurbish or construct new courthouses,
police stations, and police barracks, to strengthen the rule of law in Liberia. 20 July 2011. UN Photo #482585 by Staton Winter.
Section 9.1 Coordination and

Support between the
Human Rights and Other
Civilian Components1
“Within the UN family, there is a plethora

of actors involved in human rights work.
In addition to the OHCHR, one must also View a video introduction of this lesson
at <https://www.peaceopstraining.org/
think of OCHA, UNICEF, UNHCR, and
UNDP. Likewise, within MONUC itself, partners/>.
human rights work is done by a number
of divisions, including Child Protection,
Humanitarian, Civilian Police (CIVPOL)
and Military Observers.”2
1) DPKO, Core Pre-Deployment Training Manual, “International Legal

Standards, UN Peacekeeping PDT Standards”, Unit 3, Part 1, 2009, 38–45.
2) Roberto Ricci, Human Rights Challenges in the DRC: A View from MONUC’s
Human Rights Section (Pretoria, South Africa: Institute for Security Studies
Workshop Programme, 2003), 97.
227
In addition to the human rights component, modern multidimensional peace operations include other substantial
components, several of which contribute to human rights protection and promotion. Some of them have specific
mandates focusing on thematic issues, such as gender, or on at-risk groups such as children.
The human rights component advises and assists all components of peace operations in integrating human
rights perspectives in their tasks. When it comes to components working close to human rights issues, the human
rights component works together with them. It does so by sharing information and coordinating joint strategies and
actions such as joint monitoring activities or joint development and delivery of training activities.
The proliferation of components can provide more incisive action on specific aspects relevant to the peace
operations’ objectives. In some cases, however, such proliferation can also cause institutional jamming, particularly
when two or more components find themselves in grey areas where objectives and tasks are very similar. Some
have argued that strengthening existing components would ensure more solid intervention than creating new offices
every time peacekeeping concepts or definitions are developed. What will always remain crucial for human rights in
peacekeeping, however, is a strong coordination between components and clarity on individual responsibilities.
Below is a list of standard mission components. It is not exhaustive and names may change from mission to
mission. Not all peace operations have the same type of components. It is then important that partnership in peace
operations is not limited to components as such, but is extended to UN agencies such as the UNCT as well as to
non-UN actors such as financial institutions, humanitarian NGOs, the ICRC, the national authorities, and civil society.
Rule of law/justice
Stability and respect for human rights depend on a functioning rule-of-law (ROL) system. Supporting and
monitoring the activities of courts and the developments of the legal system, including its reform, are key tasks for
peace operations.
Current peace operations’ mandates include provisions on strengthening rule-of-law, justice, and corrections
systems. In some cases, human rights and rule-of-law aspects are part of a joint human rights and justice office. In
the Central African Republic, for example, the human rights and justice component of the United Nations Integrated
Peacebuilding Office in Central African Republic (BINUCA) is responsible for the monitoring of rule-of-law institutions
and ensuring support to national counterparts in the development of a national justice strategy to improve access
to justice and end impunity. In other operations, a specialized ROL/justice component works closely with the human
rights component.
The Office for Rule of Law and Security Institutions (OROLSI) was established within DPKO in 2007 to support
directly specialized ROL/justice components.3
ROL/justice components assist national authorities in the early re-establishment, strengthening, and reform of
the justice system. They assess and map the justice sector, and support the appointment (or re-appointment) of
competent and trained judicial authorities, advising them on justice matters. One of the typical problems of peace
operations is the lack of judges and judicial personnel in the aftermath of conflicts. Such situations paralyse the
administration of justice, allowing perpetrators to go unpunished and leaving victims without any form of justice or
redress.
3) More information on OROLSI can be found on their UN webpage at <https://peacekeeping.un.org/en/office-of-rule-of-law-and-security-institutions-

orolsi>. See also: DPKO/DFS Policy on Justice Components in United Nations Peace Operations, 1 December 2009.
228
Key Terms »
Rule of Law: “Refers to a principle of governance in which all persons, institutions and
entities, public and private, including the State itself, are accountable to laws that are
publicly promulgated, equally enforced and independently adjudicated, and which are
consistent with international human rights norms and standards. It requires, as well,
measures to ensure adherence to the principles of supremacy of law, equality before the
law, accountability to the law, fairness in the application of the law, separation of powers,
participation in decision-making, legal certainty, avoidance of arbitrariness and procedural
and legal transparency.”
Transitional Justice: “Comprises the full range of processes and mechanisms associated
with a society’s attempts to come to terms with a legacy of large scale past abuses,
in order to ensure accountability, serve justice and achieve reconciliation. These may
include both judicial and non-judicial mechanisms, with differing levels of international
involvement (or none at all) and individual prosecutions, reparations, truth-seeking,
institutional reform, vetting and dismissals, or a combination thereof.”
–from Report of the Secretary-General

S/2004/616, August 2004
ROL/justice officers also provide technical assistance to national counterparts in areas such as judicial training,
legislative drafting and constitutional reform processes, and legal aid. In coordination with the human rights
component, they verify compliance of traditional systems with international standards to avoid discriminatory
practices and equal access to justice.
All human rights components are involved in activities to strengthen rule-of-law work. Recent Secretary-General
decisions provided for a division of work on rule-of-law issues that call for strong partnership and coordination
among relevant mission components and other UN and non-UN actors. Many human rights components now have a
dedicated unit working on transitional justice aspects, including those of MONUC, UNAMID, BINUB, UNMIL, UNMIT,
and UNMIS.
In Chad, the MINURCAT human rights component and the ROL/justice component and UNDP established mobile
courts to enable populations in more remote areas to access justice.
In Haiti, the MINUSTAH human rights section regularly monitors prosecutors’ offices, justices of the peace, and
courts and prisons, and provides public awareness on human rights developments and on the functioning of these
key rule-of-law institutions. In February 2007, the human rights section organized two national seminars during
which judicial and police authorities worked on addressing the complex challenges relating to the protection of
judicial guarantees.4
Coordination, including the use of joint work plans, and regular exchange of information between ROL/justice
and human rights components should become a regular practice in peace operations to strengthen the mission’s
work against the culture of impunity and to shape a rule-of-law system in line with human rights standards.
4) OHCHR, “OHCHR in Haiti (2008–2009)”. Available from: <http://www.ohchr.org/EN/Countries/LACRegion/Pages/HTSummary0809.aspx>. Accessed

21 March 2012.
229
Correction
Correction components provide a strategic advisory role to the national government in relation to key prison
system issues. Correction officers’ activities are aimed at improving prison conditions in line with international human
rights standards; developing prison management; recruiting and training national correction personnel; and securing
donor funding for prison development.
In peacekeeping, monitoring of prisons and places of detention is independent from — but also complementary
to — prison support-related activities. HROs regularly monitor places of detention and provide correction officers
with information related to the improvement of conditions, including for women and juveniles. In Liberia, UNMIL
HROs monitored newly restored places of detention and assisted the Correction Advisory Unit’s officers in integrating
human rights concerns in their recommendations.
Security sector reform
National armed forces and law enforcement agencies are often directly responsible for human rights violations.
Thus, the national population tend to stay away from national uniformed personnel instead of asking their help for
protection. Peace operations include the restructuring and reforming of security forces to ensure that their roles and
practices are in line with international standards and constitutional requirements. Such processes call for a holistic
approach involving all relevant actors including the judiciary, the parliament, and the civil society. It also requires a new
concept of security targeting the most vulnerable groups in the State.
OHCHR is part of the UN Inter-Agency SSR Task Force, coordinated by the DPO SSR Team. Such partnership
is reflected at the field level where SSR components, together with other components such as justice, human
rights, UNPOL, and other UN agencies such as UNDP, support national authorities to reform national security-related
legislation, policies, and strategies. In South Sudan, for example, the UNMIS human rights component contributed
to the mission SSR strategy in view of providing human rights training and a code of conduct for the armed forces.
In Timor-Leste, the Human Rights and Transitional Justice Division of UNMIT provided training on human rights and
protection duties to the newly formed armed forces of Timor-Leste.5
The human rights component assists SSR partners in integrating human rights standards in all their interventions,
strengthening oversight mechanisms and taking the lead on vetting processes, and strengthening of national human
rights institutions and the role of civilian courts in trying human rights violations committed by military personnel. The
human rights component also develops and delivers training for law enforcement actors and national armed forces,
developing curricula and manuals.
The human rights component encourages the peace operation and UN entities involved in SSR not to remain
silent on the need for accountability. As State officers, national armed and police forces are among the most frequent
and violent perpetrators and they continue to go unpunished for the severe violations they commit against individuals.
The very credibility of the UN mission is at stake if it, along with its partners, supports any Security Sector Reform
that involves assigning or re-assigning security responsibilities to the perpetrators themselves, without taking any
measures against them. Joint UN efforts aimed at professionalizing and reforming the security sector should not
overlook the blatant disregard of international standards by police officers and soldiers.
5) Heiner Hänggi and Vincenza Scherrer, “Recent Experience of UN Integrated Missions in Security Sector Reform” in Security Sector Reform and UN
Integrated Missions: Experience from Burundi, the Democratic Republic of Congo, Haiti, and Kosovo, Heiner Hänggi and Vincenza Scherrer, eds.
(Geneva, Geneva Centre for the Democratic Control of Armed Forces, 2008), pp. 3–25.
230
Under a tree in the village of Goleh, Abyei district in Sudan, Misseriya community people listen to a Ngok Dinka, traditional community
leader, advocating for peaceful co-existence between Misseriya and their Dinka neighbours on the route they share in search of pasture
and water, observed by the United Nations Mission in Sudan (UNMIS) team consisting of Civil Affairs, Human Rights, Police and Military
Officers. November 2006. UN Photo #136864 by Fred Noy.
Political affairs
The political affairs component monitors and evaluates political developments in the country, including in the
conflict area, and provides advice to the mission leadership. It is very important that the political vision of the peace
operation adheres to human rights principles.
UN political actors are very much involved in every stage of the peace process. They can, for example, put
pressure on the negotiators in order to have human rights provisions included in peace agreements. Political
considerations should aim at societal progress by ensuring that States’ powers are properly balanced. An independent
judiciary addressing past abuses and ensuring that perpetrators face justice is part of a requisite political coherence.
The political affairs component is the main entry point of the peace operation for the interaction with the political
bodies of the country. By “introducing” a key role for human rights in the country’s politics, the political office can
facilitate promising contacts between the human rights component and key ministries and parliamentarians.
Civil affairs
Civil affairs components strengthen the public administration and provide the capacity-building necessary for
revitalizing the different States’ functions. Civil affairs officers (CAOs) support the appointment of national and
local authorities. Particularly in sub-offices outside the capital, where political officers are less frequent, civil affairs
231
represents the “front office” of the peace operation, providing civilian representation on behalf of the mission,
and establishing and maintaining contact with representatives of local authorities, civil society actors, and non-
governmental interest groups. CAOs keep the human rights component updated on political developments and the
variable dynamics occurring within the public administration.
CAOs are often part of joint tasks forces and multidisciplinary monitoring missions, which may include such a task as
the assessment of the level of responsibilities of different actors in situations of illegal exploitation of natural resources.
HROs join civil affairs officers — and other components — during visits and meetings with different communities
intended to provide conflict resolution. CAOs also support the link between the civil society and the government by
supporting the rights to participation in political and public affairs, equal opportunities, access to public information,
and gender balance. In close consultation with human rights officers and other relevant components, CAOs often
include vulnerable and disadvantaged groups in their advocacy and other activities.
“Where Human Rights components are not represented at

the local level, Civil Affairs can provide information about the
situation at the local level and play a vital role in early warning
and advising on a possible need for a temporary increase
in presence in a particular location. Where Human Rights
components are represented locally, close coordination is
needed as the work of Civil Affairs, particularly at the social and
administrative levels, may closely intersect with that of Human
Rights components. Relevant information and analysis should
be shared, taking into account concerns about confidentiality,
and information that requires technical follow-up should be
passed to Human Rights components, which are in a better
position to advise on the best course of action, including by
referring specific cases to the United Nations Human Rights
mechanisms.”6
Gender Adviser7
When carrying out monitoring and reporting, advocacy, capacity-building, and mainstreaming, HROs must
ensure that gender considerations are properly reflected in their work. This means to strategize gender perspectives
in planning, development of methodology and instructions, and ensuring that individuals and groups targeted by
gender-based discrimination play a key role in the formulation and evaluation of the human rights office’s targeted
results. Security Council resolution 1325 (2000) remains a key document for HROs who have to protect and advocate
for gender and women’s rights in situations of conflicts.
HROs, jointly with the office of the Gender Adviser, develop and provide regular induction and in-mission training
on gender and human rights for military peacekeeping personnel and other components.
Gender advisers can join monitoring missions or task forces focusing on violations against women and girls or
other groups at risk, such as individuals with different sexual identities and orientations.
6) DPKO/DFS Policy Directive, Civil Affairs, 2008.

7) See: DPKO USG Policy Statement on Gender Mainstreaming. See also: Jeannette Boehme, Human Rights and Gender Components of UN and EU
Peace Operations: Putting Human Rights and Gender Mandates into Practice (Berlin: German Institute for Human Rights, 2008). Available from:
<http://www.institut-fuer-menschenrechte.de/uploads/tx_commerce/study_human_rights_and_gender_components.pdf>.
232
Legal and Judicial System Support (LJSS) officer meets

a Justice of the Peace in Maryland County, Liberia. Photo
by A. El Jundi, 2005.
Child protection
The human rights component works very closely with the child protection component on the situation of children’s
rights. Child protection components focus on matters such as child soldiers, child sexual abuse, child abductions
and trafficking, and unacceptable child labour or other forms of modern slavery. In line with relevant Security
Council resolutions, the child protection component contributes, through specific mechanisms, to the monitoring and
reporting on the situation of children affected by armed conflicts.
In coordination with child protection and justice components, the human rights component will monitor detained
or imprisoned children and support the adoption of laws relating to justice for children, the establishment of
alternatives to detention, the creation of juvenile courts or panels, and the development of child-sensitive procedures
and protective measures for child victims and witnesses. In some cases, the human rights component can include
a child protection mandate. For instance, in Liberia, the UNMIL human rights and protection component has been
dealing with demobilized child combatants, monitoring of orphanages, monitoring of detention conditions of children,
harmful traditional practices affecting children, promotion of human rights education through human rights clubs,
etc.
Electoral Department
Human rights and elections constitute an indissoluble equation. Free and fair elections require access and exercise of
specific human rights including the rights to participation, assembly, and opinion, and the right to vote. The UN Electoral
Department works closely with human rights components. Election officers usually join the peace operation at a later
stage when conditions are viable for elections.
HROs can support the electoral officers (EOs) by ensuring that their civil society networks on the ground fully
benefit from voter education and other similar programmes aimed at ensuring participation in, and information on,
the electoral process. In some cases, HROs and EOs provide joint awareness on voter education and human rights in
elections. Human rights officers observe political riots and other gatherings during the election campaign and collect
concerns coming from the population. Closer to the Election Day, human rights officers often become “electoral
observers” to better distribute monitoring action on the ground.
233
Disarmament, demobilization, and reintegration
Disarmament, demobilization, and reintegration (DDR) is an extremely important peacekeeping process that
aims to provide conditions for stability and a better future both for the population affected by the conflict and for
those who took part directly in the hostilities. Human rights problems that compel individuals — such as children or
illiterate men without jobs — to take up arms in a conflict often manifest themselves more severely after the conflict
ends. DDR officers invite HROs to their coordination meetings ensuring that human rights perspectives are met in the
DDR strategy. HROs share with DDR officers possible concerns or suggestions arising from their monitoring activities.
HROs can be involved in human rights orientation in demobilization camps. By integrating human rights aspects
into reintegration efforts, DDR officers ensure a holistic approach aimed at linking different security, legal, and
development perspectives. To be effective, reintegration must take into account not only demobilized combatants
but other vulnerable groups in need of resettling in their communities, groups such as IDPs and refugees, victims,
traditional authorities, and foreign traders. Opportunities for justice, reconciliation, and participation in development
must be provided.
Humanitarian Affairs/Coordination
Peace operations must facilitate effective provision of humanitarian assistance and access to people in need. It
is very important that human rights are mainstreamed in the humanitarian response.
The responsibilities of humanitarian coordinators/RCs/DSRSGs include ensuring that human rights considerations
are taken into account both by the UN country team and by the humanitarian team in the country. In UNMIL, the
Humanitarian Coordinator’s Support Office (HCSO) represents the main interface of the UN system with humanitarian
actors. The work of the human rights component with the protection clusters ensures human rights coherence.
Picture shows a UN Mission in Liberia’s Public Affairs Community Outreach sensitization campaign, designed to create public
awareness concerning the upcoming 11 October 2005 Liberian elections, in Monrovia, Liberia. February 2005. UN Photo
#85567 by Eric Kanalstein.
234
In non-integrated missions (such as UNAMID), the
responsibility for planning and delivering humanitarian
assistance remains with UN agencies and the NGO community.
Conduct and Discipline
Too often, undisciplined or criminal behaviour by
peacekeeping personnel has put the credibility of a peace
operation at stake. Cases of sexual exploitation and abuse,
child prostitution, and corrupt conduct have been identified
in several missions. The conduct and discipline units monitor
the behaviour of all personnel — civilian and military — and
undertake action whenever allegations or credible rumours
are brought forward. Follow-up can include investigations by
competent UN offices.
The human rights component does not follow up or
investigate allegations against peacekeepers as such.
However, due to its well-rooted network with the civil society
and other actors, it can facilitate the bringing of complaints
to the attention of conduct and discipline units. Even if acts One of the first 12 demobilized soldiers of the
such as sexual exploitation and abuse are not under its Sudan People’s Liberation Army shows his discharge
certificate at the launch of the DDR programme in
competence, the human rights component, nevertheless,
southern Sudan by UNMIS. June 2009. UN Photo
monitors peacekeepers’ conduct, especially regarding national #399168 by Tim McKulka.
law-and-order tasks such as crowd control and arrest and
detention.
Joint Mission Analysis Centres
Joint Mission Analysis Centres (JMACs) provide peace operations with an “intelligence capacity”. These centres —
constituted by military, police, and civilian staff — collect information from different sources including various mission
components, merge it, and provide the mission leadership with accurate and usable analytical products.
Information collected by JMACs is used to develop integrated mission analyses and long-term assessments that
can help senior managers better understand issues and follow trends on security developments, possible threats
affecting the mission, etc. The human rights component regularly provides reports and information to JMAC and,
with other civilian components, takes part in integrated analysis.
In Haiti, for example, the human rights component is part of the JMAC strategic unit. The MINUSTAH JMAC
played a very relevant role in providing mission leaders with intelligence information on activities of criminal gangs
in urban slums.
Information is essential to protection. It enables the mission to act in a timely manner due to early warning
mechanisms and enhanced mission planning, decision making, and strategic management. Human rights staff
should be permanently seconded to JMACs to strengthen their capacity to collect and analyse information, not only
in response to threats but also to address the causes lying behind those threats.
235
Integrated Mission Training Centres
Integrated Mission Training Centres (IMTCs) are responsible for providing training to mission peacekeeping
personnel (civilian, police, and military) and to the UN country team, where applicable.
Training is essential to the fostering of common understanding and thus to the integration of human rights in peace
operations. IMTCs work in an integrated manner and coordinate mission assessments to identify the mission’s training
needs, including human rights training needs. IMTCs are also in charge of the planning, development, organization,
implementation, and evaluation of mission training programmes to improve staff’s knowledge and skills to implement
the mandate.
Writing Exercise 16: Visit to the Central Prison »

You are a human rights officer serving with a peace operation and you have just returned
to the office after having visited the central prison. Most of the detainees you spoke to have
never even seen a judge since their admission to the prison — this, after several months
in prison for allegedly stealing crops or failing to repay debt. On the prison register, you
noticed that some of the detainees were sent to prison for murder by local justices of the
peace. In at least 10 cases, individuals were arrested and detained for debt following orders
of the city mayor.
Overall the conditions of the cells were below acceptable standards. Water was penetrating
through the ceiling causing huge puddles to form in many of the overcrowded cells.
Women were separated from men and their cells seemed to be in better shape; however,
you noticed that all the guards were male prison officers. When you questioned the prison
director, he informed you that the female officers were off duty that day. Some of the
women detainees you spoke with said they had not seen a female guard for months. Two
women detainees reported cases of sexual violence and harassment by the male guards.
In the women’s section, one cell was reserved for juvenile offenders. Six children were
detained in the cell, including two 16-year-olds accused of murder who have been in jail
for three months, and three small children between 10 and 12 years old who were accused
of stealing bread from a bakery. The sixth child was a seven-year-old boy with a mental
disability who was admitted to the prison by his own family’s request.
• What human rights violations can you can identify?
• How do you intend to follow up on those issues?
• Which civilian component will you consult and how can you work together with them?
236
IMTCs ensure that induction programmes and other in-mission training programmes have a dedicated module
on human rights relevant to the specific functions of the target components.8
In assessing needs and evaluating results, IMTCs liaise with the human rights component regarding human
rights aspects and also to ensure that the mission is up to date with the latest human rights developments and
concepts.
The mission training budget has a human rights component, and IMTCs can facilitate the participation of human
rights officers in management training or other professional training beneficial to the capacity of the peace operation.
In Liberia, the UNMIL IMTC covered expenses for human rights staff who went abroad to attend training on human
rights education and children’s rights.
IMTCs work hand in hand with the military and police training cells. All in-mission training for UN military experts
on mission and military staff are coordinated by the IMTC. As such, it is important for the IMTCs to liaise with the
human rights components to ensure that contents and delivery of training programmes are in line with mission
requirements.9
Section 9.2 The Military Component and Human Rights10

Military peacekeepers11 today play an important role in the protection and promotion of human rights.
The population of the countries where peacekeepers are deployed is often affected by ongoing conflict or criminal
brutalities committed in contexts lacking rule of law and State protection.
Recurrent protection tasks of peace operations, including during ongoing conflict, make the role of military
components with regard to human rights unique and essential. This is due in part to their wide presence on the
ground, as well as their specific experience on field tactics and techniques.
Although peacekeeping operations are no longer exclusively a military matter, an operation’s security
requirements for the implementation of mission-mandated objectives call for operational partnership with military
peacekeeping personnel.
To reinforce and make effective such a partnership, human rights-mandated objectives need to be integrated
in military courses of action, and international human rights standards must guide peacekeeping operations and
activities.
Effective partnerships between all components are demanded by the UN policy on human rights in integrated
missions. The policy recognizes that all UN entities have a responsibility to protect and promote human rights within
their respective mandates. Such responsibilities need to be implemented in a coherent manner.
8) Due to the relevance of human rights to all components of peace operations, IMTCs are expected to provide incoming personnel (military, police, and
other civilian components) with adequate induction training on human rights. Such programmes should address fundamental human rights aspects for
work with peace operations as well as the human rights issues and concerns specific to the host country. The exponential increase of peace operations’
components in recent years often forced IMTCs to pack many different topics into their induction programmes. The result often is that important
issues are imparted in a rushed manner or, worse, are simply left out. Training solutions to such dilemmas included the concept of post-induction
modules (PIMs), which was first conceived in UNMIL. The idea was to address specific topics, such as human rights, in a more comprehensive manner.
The whole issue of induction and its contents was raised again in a discussion on harmonization between pre-deployment training — in PCCs and TCCs
or at the United Nations Logistic Base (UNLB) for civilians — and mission-specific induction training (i.e. on-arrival induction) at the Conference in
Entebbe from 3 to 7 May 2010. Application of these new concepts is apparently still left to the individual initiatives of IMTCs.
9) DPKO Guidelines, Roles and Training Standards for UN Military Experts on Mission, 1 March 2009; DPKO Guidelines, Roles and Training Standards for
UN Military Staff Officers, 1 March 2009; DPKO (Draft) Peacekeeping Training Policy, 2009.
10) DPKO, Core Pre-Deployment Training Materials, “Military Peacekeepers and Human Rights”, Unit 3, Part 1, 2009, 44.
11) “Military peacekeepers” refers to both military contingents (protection units and staff officers) and military experts on mission (military observers,
military liaison officers, and military advisers).
237
Strengthening the partnership between civilian components, including human rights, and the military component
means to enhance the protection capacity of the peace operation as a whole, overcoming personalities and individual
leadership challenges.
The military component’s tasks in a peace operation may include protection, contribution to human rights
monitoring, support to human rights officers and other partners, protection and empowerment of groups at risk, and
restoration and maintenance of law and order.
Protection
Military peacekeepers are the only component equipped with weapons, including heavy artillery and armed
helicopters.12 This armed capacity enables troops to maintain deterrence against possible resurgences of conflict and
to respond to attacks against the civilian population.
Such potential constitutes a unique opportunity provided to the peace operation to protect essential human
rights (prohibition of murder, torture, discrimination, etc.) that can, in some cases, amount to war crimes and crimes
against humanity. Through armed protection tasks, military peacekeepers can pass on a clear message to fighting
factions: that all parties to the conflict must respect international human rights law and international humanitarian
law, and that by not doing so, they become accountable under international criminal law and therefore amenable to
prosecution and issuance of an international arrest warrant.
Armed protection also enables peacekeepers to ensure the necessary security around (“cordons”) or in the
proximity of:
• IDP and refugee camps;
• Communities affected by land disputes;
• Shared passages of conflicting tribes;
• Disarmament and demobilization sites; and
• Other “safe areas” for at-risk groups.
Peacekeepers routinely use checkpoints and can search individuals; conduct armed patrols as an individual unit
or jointly with civilian components; control borders and the passage of people and resources between countries; and
organize manoeuvers and take part in joint armed operations with national armed forces. They can also be tasked
with the arrest of international criminals.
All of these actions have the potential to protect human rights, but may also undermine them when the tasks are
not carried out in accordance with the highest human rights and humanitarian standards.
It is then important that human rights components actively support military components by:
• Providing direct contribution to concept of operations (CONOPS), rules of engagement (ROEs), operational
directives, and standard operating procedures relevant to the armed protection tasks of peacekeepers;
• Sensitizing and briefing the military mission leadership and delivering induction and in-mission training on
human rights operational tasks and actions required for groups at risk;
12) When armed, military components of peace operations — the peacekeepers — are constituted by protection units (distributed in national companies
and battalions) and other staff (administrative, legal, logistics, etc.) deployed to different sectors/regions of the host country under an FC. UN military
observers (UNMOs) are instead deployed on the ground with smaller multinational teams, are not armed, and respond to the Chief Military Observer.
Traditionally called “the eyes and ears” of peace operations, the main tasks of UNMOs include observation; provision of military intelligence, including
liaising with rebel groups; border control; and patrols and contacts with the local population.
238
The Senegalese Battalion attached to UNIFIL, on parade at Battalion Headquarters in Marakah, Lebanon. May 1980. UN Photo
• Participating in joint armed patrols;
• Taking part in security and coordination meetings called by military components aimed at developing or
reviewing protection strategies; and
• Ensuring that actors from national armed forces teaming up with peacekeepers to perform protection tasks
are not in fact alleged perpetrators.
Like any action in peacekeeping, military protection needs to be carefully planned. Human rights components
can support military components in carrying out timely threat assessments in a way that minimizes risk. They can
also support the military component with training for their personnel enabling them to recognize ongoing or potential
human rights violations and become familiar with key human rights and humanitarian principles and integrate them
in their protection course of actions.
Contribution to human rights monitoring
Current peace operations are characterized by the presence of thousands of military peacekeepers and about
a hundred human rights officers. Such military presence is very valuable in obtaining human rights information.
Military observers and military units, after their patrols, come back to base with a lot of raw information that includes
clear violations of international human rights and humanitarian law, human rights issues of concern, names and
locations of people under threat, and statements useful to follow up or contribute to ongoing human rights fact-
finding investigations.
239
By keeping HROs informed about their findings, military commanders can add key contributions to their
monitoring and reporting activities. Human rights components can also brief military components with updates of the
human rights situation in the area. Such briefing and sensitization can prevent potential harmful and wasteful actions
by peacekeepers, such as interviewing individuals without appropriate skills or providing support to individuals
already benefitting from assistance.
Pre-mission coordination with human rights officers enables peacekeepers to be alerted on potential dangers
related to the presence of armed groups, such as involvement of the groups in illegal exploitation of resources or
recruitment of child soldiers, or on potential dangers related to ongoing turmoil, such as students protesting against
the UN, strikes, etc.
Human rights components often conduct joint monitoring activities, including special investigations on
massacres and other gross human rights violations. Among the mission’s military actors, military observers are
usually those with observation, verification, and liaison tasks. They are usually skilled in gathering information and
keep regular contacts with village leaders, national and local authorities, opposition armed groups, and civil society
actors including women’s groups and witnesses. They can be a precious addition to any joint investigation exercise.13
“In investigating/verifying allegations of human rights abuses, Military Experts on Mission should be familiar with the
applicable UN principle on human rights monitoring, preservation of evidence, and procedures for joint investigations
with human rights components.”14
“The monitoring of human rights is a specialized and essentially civilian function, and
military forces are not trained to act as human rights monitors. The military component
can assist in this function, however, by observing, gathering information and reporting it
to UN civilian or political authorities. Human rights violations are a good indicator of the
potential for conflict in an area of operation, and the military component collects it as
essential input for its own threat and risk assessments.” How might being a child soldier
affect girls and boys differently?
–from Handbook on United Nations Multidimensional Peacekeeping Operations
Support to human rights officers and other partners
Peace operations are often characterized by all sorts of security and logistical challenges: ongoing conflict,
presence of armed elements, child soldiers, mercenaries and private security actors, presence of small arms in the
hands of the population, tribal conflicts, presence of mines and unexploded ordnances, illegal checkpoints, lack of
infrastructures including roads and communications, difficult terrain including river crossings, mixed feelings towards
the UN presence including adversity coming from national authorities, illegal exploitation of resources, threats and
reprisals against human rights activists, high level of alcohol consumption leading to domestic and community
violence, and poverty leading to criminality including hijacking and kidnappings.
13) DPKO/DFS Guidelines, Roles and Training Standards for UN Military Experts on Missions, 1 March 2009. “Military Experts on Mission are frequently
required to work alongside, or in conjunction with, other UN components (military contingents, police and civilians) in the field when conducting
investigative and verification tasks. As appropriate, this work could include verification of alleged human rights abuses conducted by the human rights
component.”
14) Ibid.
240
MONUC and Human Rights »

“In MONUC, the military component and the human rights division work especially closely
together not only at the level of the HQ in Kinshasa but also in the field. Military operations
are always planned in close collaboration with our human rights colleagues to engage
spoilers of the peace and electoral process as well as violators of human rights. Military
operations usually result in a displacement of villagers who are then in need of shelter, food,
medical care, security, etc. To effectively address this fallout is yet another task of MONUC.
The military component is also mandated to ensure the protection and security of the
Human Rights Officers who are investigating the abuses. Our force has sustained casualties
in some tragic circumstances whilst escorting civilian human rights colleagues doing their
work — all part of our military business but a frustrating part nonetheless.”
–Major General Patrick C. Cammaert

General Officer Commanding the Eastern Division of MONUC
December 2006
HROs are “field people” that need to ensure their presence throughout the host country, including in remote
areas. This means that HROs need to engage in frequent and intensive field missions and need to get the support of
military peacekeepers.
Escorts and joint movements require careful coordination and agreement on procedures and objectives. Mission
goals are unique, but the respective working methods of military and human rights components differ, as do the
external perceptions and reactions towards those methods. Human rights officers taking part in escorted missions
need to conform to the security procedures received by the military component. Conversely, it is very important that
military peacekeepers, before engaging in support actions, have a clear understanding of what human rights work
involves. This means:
• Respecting the “human rights space” during interaction and interviews of the HROs with the population;
• Keeping a lower profile when appropriate, such as in the displaying of weapons;
• Ensuring confidentiality of statements heard and locations of witnesses, particularly when off duty;15
• Upholding international human rights and humanitarian standards in their contact strategy with armed
groups on the ground;
• Being receptive to human rights priorities so as to ensure that the mission’s itinerary and schedule will give
HROs enough time for their searches; and
• Ensuring empowering rather than charitable attitudes when supporting women and other groups at risk.
In Liberia, UNMIL HROs deployed in sectors characterized by a higher security phase and critical road conditions,
together with local NGOs, undertook monitoring missions in remote areas that were escorted by military personnel.
In peace operations characterized by a policy of “essential movement", such as UNAMA in Afghanistan and UNAMI in
Iraq, movements of human rights personnel are extremely limited and only possible through military escorts.
15) In peace operations, peacekeepers are never off duty; however, they often have occasions to share views with local authorities and other local actors
within informal settings.
241
Protection and empowerment of groups at risk
The military component not only provides necessary support to human rights and other civilian components, it
often provides support to at-risk groups in the host country. Peacekeeping personnel in some operations are asked
to ensure protection of VIP and government authorities. In the same way, peacekeeping personnel should ensure
the protection, including the physical armed protection, of human rights defenders and other human rights actors at
risk, including witnesses and victims.
In Darfur, for example, to prevent physical attacks and rapes by armed groups or other criminals, military
personnel of UNAMID escort internally displaced women and girls when they leave their camps to collect grass,
firewood, and water.
In the DRC, a programme for witness protection was developed and peacekeepers provided the protection,
including during sensitive trials.
Lack of military support can affect the peace operation’s dynamics. In Chad, the slow deployment of the
MINURCAT military component and its lack of troop strength capable of providing military escorts, increased the role
of the DIS (UN-trained Chadian police). This has diverted the focus of the force away from providing security to camp
residents, including protection to women gathering firewood and animal feed and to those travelling to markets in
agricultural areas.
Military peacekeepers are also important human rights partners in that they empower the local civil society. This
does not entail merely “winning over” the hearts and minds of the population, but taking active measures to involve
the population in the security situation on an increasing basis over time, as the situation permits.
Peacekeepers should promote consultative mechanisms in communities and ensure that information on
complaints processes — including against peacekeepers — is provided. They should also serve as social role models
to the population “through openness, tolerance and respect for the rule of law”.16
Restoration and maintenance of law and order
“In situations where there is no effective national or

international policing capability, the military component may
be tasked to assist in the restoration and maintenance of law
and order. This is not normally a military task and requires
significant specialized training. For these reasons, maintenance
of law and order will be a task for the military only in
exceptional circumstances, with the goal of returning to civilian
policing as soon as possible.”17
Any stable environment requires cessation of violence and physical protection, but also a functioning rule-of-law
system, public order, and certainty that security is managed by legally accountable institutions.
16) Anthony W. Anderson, “Enhancing the role of military peacekeepers in post-conflict peace building: Revisiting the center of gravity”, Security and
Peace, January 2004.
17) DPKO, Handbook on United Nations Multidimensional Peacekeeping Operations (New York: United Nations, 2003), 63.
242
What Peacekeeping Personnel Can Do »

If human rights violations are observed by peacekeeping personnel, they should:
• At the very least, take note of the facts and prepare a report based on the procedures in
place within the mission. Immediately report the information through the chain of command
or management structure and to the human rights component;
• When gathering information or reporting on human rights violations, ensure that sensitive
information on identity of victims or witnesses or sources is not unduly disclosed as this
would endanger their safety;
• Always consult with the human rights component on these issues;
• If you work together with a local translator, be sure of his/her integrity, profile and basic
interviewing skills. (This is not human rights specific.);
• Do not raise false expectations of victims and witnesses. Be frank; explain your mandate
and limits;
• If the situation and mandate allows, decide on appropriate intervention to stop the abuse.
The kind of intervention will depend on the role of the component and the mandate of the
mission. Military personnel may take direct military action to protect the lives of civilians,
whilst UN Police may intervene through police authorities. In all cases, it is important to
coordinate action with the human rights component of the mission. Human rights work
is very complex, and maximum care must be taken to avoid that ill devised interventions
harm, rather than help, victims of violations;
• Continue to follow the situation, for example (in the case of military peacekeepers) through
repeat patrolling and observation; and
• Always keep human rights offices and other relevant components informed on human rights
problems that require their unique intervention or assistance.
Military peacekeepers are reluctant to take up law-and-order tasks — and the reason is perfectly understandable!
Law-and-order tasks are policing tasks; in a State, these tasks are usually carried out by law enforcement agencies.
These tasks require knowledge of international standards regarding arrest, detention, and use of force and firearms,
including in urban contexts and during protests and violent gatherings. They also require negotiation skills,
communication skills, and a capacity to identify spoilers and protect victims in contexts different from conflict.
Even if not part of a peace operation with executive powers like UNMIK in Kosovo, military peacekeepers may still
be asked to intervene to protect people from crimes or prevent a situation from becoming too violent. In the DRC,
for example, peacekeepers often operate in areas totally devoid of any form of legality. Their rules of engagement
enable MONUC’s military to arrest and detain civilians and armed groups caught in abusive and criminal acts.
It is then key for military peacekeepers to be well trained and able to master law-and-order duties in line with
international human rights standards. For example, detention of individuals by peacekeepers is a temporary action
as detained individuals must eventually be handed over to local authorities. However, even if time-bound, several
human rights dilemmas and challenges may arise in the course of the operation requiring informed decisions.
243
Both UNPOL and human rights components are consulted by military personnel if emergency law-and-order
actions are required. Human rights components also support the military components with training and case studies
so as to carefully plan courses of action related to law and order and to prevent unlawful interventions.
Section 9.3 UNPOL and Human Rights18

The work of human rights in peace operations goes hand in hand with a functioning national rule-of-law system,
which includes effective law enforcement. The police are key State actors and have an important role in infusing
security and respect for law in the society. Policing functions, because of their nature, can easily affect human rights.
If not properly carried out, violations can occur.
The tasks of the UN Police (UNPOL) in peace operations are aimed at assisting the host States’ police and other
law enforcement agencies in strengthening capacities and taking up responsibilities. Ensuring respect and application
of human rights is key for all UNPOL support tasks. UNPOL actively collaborates with other mission components
active in the field of the rule of law such as the ROL/justice, human rights, and correction components.
Some UN peace operations, such as those deployed to Kosovo and Timor-Leste, have in the past provided interim
administrations for those countries. As a result, UNPOL officers carried out direct policing functions and were entrusted
with powers to arrest, detain, and search. More often, UNPOL provides support to the national police of the host
country. The type of support required depends on the mission-specific mandates and circumstances. “United Nations
Police Officers shall respect the legislation applicable in the mission area insofar as it is not in conflict with internationally
recognized human rights standards or United Nations Rules, Regulations and other issuances.”19
The UNPOL tasks in a peace operation include assessment and networking, mentoring and advising, training and
vetting, and investigations.20
A Forensic team of the United Nations

Police (UNPOL) and the Timor-Leste
National Police (PNTL) use panoscan
photographic equipment to carry out an
investigation of the 11th February attack
and ambush on Prime Minister Kay Rala
Xanana Gusmão, in Dili, Timor-Leste.
February 2008. UN Photo #170595 by
Martine Perret.
18) For more information on UNPOL tasks contributing to the human rights mandate, see: DPKO, Core Pre-Deployment Training Materials, UN Police and
Human Rights, Unit 3, Part 1, 2009, 43.; UN Peacekeeping PDT Standards, Specialized Training Material for Police, 2009; Human Rights Standards
in the Use of Force, Human Rights Standards in Arrest and Detention, Mentoring and Advising, and Reform, Restructuring and Rebuilding of Police
and Law Enforcement Agencies; OHCHR, Human Rights and Law Enforcement: A Package on Human Rights Training for the Police, 1997; William G.
O’Neill, “Police Reform and Human Rights”, HURIST (New York: United Nations, July 2004).
19) DPKO Guidelines for United Nations Police Officers on Assignment with Peacekeeping Operations, 29 June 2007, 11. On applicable standards and
norms for the police, see: OHCHR, Human Rights: A Compilation of International Instruments, United Nations Criminal Justice Standards for United
Nations Police, Handbook prepared by the Crime Prevention and Criminal Justice Branch, United Nations Office at Vienna, February 1994.
20) DPKO/DFS, Policy (Revised), Formed Police Units in United Nations Peace Operations, 1 March 2010.
244
Writing Exercise 17: Exchanging Information »

Sharing information among specific mission partners is an important but sensitive requirement.
HROs exchange information with their partners in a variety of areas, including the latest
socio-political developments; violations of international law; key actors suitable for referral on
specific cases; etc.
Due to the unique nature of human rights work, human rights officers need to verify and
analyse human rights information before sharing it. Due to the confidentiality and “do no
harm” principles, the identities of sources, witnesses, victims cannot be shared.
Imagine you are the human rights coordinator of a particular sector. Today, you will be meeting
with the peace operation’s military sector commander. He will brief you on the ongoing
operations of his contingent and he expects to know more about your planned activities in the
area.
You expect to conduct joint patrols with military personnel and are likely to meet victims
and witnesses. Even if escorted by the military, human rights officers will need to ensure
confidentiality when meeting with victims and witnesses. Although human rights information
remains very sensitive, you still want to ensure the highest possible coordination with the
peace operation’s military component to ensure that the information and impressions that
military peacekeepers collect during their independent patrols and operations reach your office
with no delays.
In view of the above, prepare some main points, including talking points, that will help you
create a contact development strategy for your meeting with the sector commander. Points
should reflect key aspects of the partnership between human rights and mission military
personnel, as well as practical suggestions based on principles for information exchange.
Assessment and networking
Particularly in the initial phase of a peace operation, the UN Police component, in coordination with the DPKO
Standing Police Capacity, will carry out an assessment of the law enforcement situation on the ground. It will be
during such assessments that the relationship between the human rights and police components will be developed
and defined.
Human rights specialists … can provide information on human rights conditions in the country and historical
information on the record of State institutions [and] provide crucial insights into the populations’ opinion of the police
and sensitive issues such as how to deal with human rights abuses, reconciliation and victim support. They often
have a good understanding of issues related to persons/groups with special protection needs. UN Police should seek
input and advice from political affairs, civil affairs, human rights, gender and humanitarian assistance components
when designing reform and restructuring programmes for the host country police. Public information officers are also
important partners, as they can help UN Police develop public information strategies and key messages for the public
to raise awareness and understanding about human rights issues and the role of police in society.21
21) UN Peacekeeping PDT Standards, Core Business of UN Police and its Key Partners, Specialized Training Material for Police, 2009.
245
Mentoring and advising
An important task of UNPOL is the mentoring of national police forces on lawful and respectful procedures —
including questioning, searching, arresting, detaining, investigating, and interrogating individuals or suspects — and
keeping registers and working documents updated. Other important areas of mentorship are the use of force and
firearms and compliance with disciplinary or judicial measures in case of human rights violations committed by police.
Support by UNPOL officers to national police forces is a peer-to-peer business. UNPOL mentors may cover
different tasks including: community-based policing, police station duties (including handling detainees and
receive complaints); dealing with incidents and disputes; patrolling; and traffic duties.
Effective mentoring on policing duties must be based on legal provisions and practices incorporated in international
human rights instruments specifically devoted to law enforcement.
For example, in Chad, at the end of the start-up of the MINURCAT operation, UNPOL trainers individually
mentored Chadian police trainers with a view to building up a national police capacity to regularly train police forces
with special protection duties for IDPs and refugees. Both UNPOL and Chadian trainers undergo a Training of Trainers
(ToT) on international human rights standards, working together on case studies and presentation skills.
Advice must be provided to personnel at all levels within police and law enforcement agencies in order to build
their capacity and integrity. This should be done primarily through the co-location of advisers with police and law
enforcement officials during their working hours.22
“UNPOL officers are placed in national police stations where they

can be in direct contact with their national police counterparts.
They also do joint patrols and joint training with national police
officers. These are all opportunities for advising on a variety
of relevant tasks and issues related to policing tasks and the
application of international standards. Keep in mind that many of
the national police officers may have been out of job for a long
time; some may have even taken part in the conflict, breaching
of the institutional role of the police.”
UNPOL must continually assess the performance and competencies of senior national and local police managers
and supervisors. They also review and make recommendations for improvements and changes to national and local
policies, procedures, and practices related to patrol, arrest, search, and handcuffing techniques, detention, and
investigation of criminal cases, including techniques for interviewing of citizens and suspicious persons.
“Human rights principles governing police and law enforcement

activities are based on United Nations criminal justice norms
and standards and should be fully respected and promoted by
United Nations peacekeeping operations in all their activities
in support of the reform, restructuring and rebuilding of police
and law enforcement agencies. Such principles include inter alia
the right to life, the right to liberty and security, the freedom
of association and peaceful assembly, the rights for persons
deprived of liberty to be treated humanely, the right to be free
22) DPKO Policy, Support for the reform, restructuring and rebuilding of police and law enforcement agencies, 18 December 2006, 10.
246
Advising »
Advising is aimed at “directing” solutions to individual problems in a longer-term
development process. In contrast, mentoring is a more comprehensive, long-term, one-
on-one relationship between a more experienced professional and a less experienced one.
Mentoring is a developmental mechanism involving counselling, guidance, instruction, and a
mixture of personal and professional growth.
UN Police perform both mentoring and advising roles, depending on the needs of the mission
and the context of the process and/or individuals being assisted.
–from UN Peacekeeping PDT Standards, Specialized Training Material for Police
from torture, the prohibition of all extra-legal, arbitrary and

summary executions as well as the prohibition of gender and
sexual violence.”23
By exchanging information with human rights components, UNPOL advisers can identify human rights violations,
vulnerabilities, and groups at risk in their areas of responsibility, and inform the objectives of patrols and other police
operations accordingly.
When visiting police stations, it is good practice for human rights officers to meet the UNPOL adviser co-located
in the same office. He/she will be able to provide the human rights officers with a general update, including possible
developments and challenges in need of follow-up. The UNPOL officer can also introduce human rights officers to the
national police staff at the station. The human rights officer, in coordination with the UNPOL officer, can agree on the
need to raise some specific sensitive or urgent issues with the local police commander and support or follow-up on
required actions.
There are other tasks that UNPOL must perform to support the reform, restructuring, and strengthening of law
enforcement institutions.24 Recent evaluations showed the need for UNPOL to strengthen specific expertise and
capacity of their mission components to deal with areas such as institutional reform, criminal investigation, and
police vetting.25
Training and vetting
In the context of security sector reform, for example, UNPOL may be involved in vetting, training, and advising
a new or restructured local police service. These are key entry points for the integration of human rights in national
security processes, making sure that international human rights standards are understood and applied by all police.
In Liberia, the UNMIL Human Rights and Protection Section, together with UNPOL and the Legal and Judicial
Support Section (LJSS) provided training to local police and immigration officers on policing functions in post-conflict
contexts.
In Haiti, the human rights component works alongside UNPOL to implement vetting of former police officers and
new recruits.
23) Ibid., 4.
24) Ibid.
25) DPKO, Report on the comprehensive analysis of the Police Division, 10 December 2008.
247
Human rights components provide training to UNPOL officers. The basis of their advising and mentoring tasks
lies in international human rights standards for law enforcement. In strengthening national police capacities, UNPOL
must ensure that functions and professional behaviours are in line with the latest human rights legal requirements
for peace operations.
UNPOL is expected to perform their duties in full compliance with highest attainable standards. UNPOL officers
hail from many different countries, each with differing policing systems, training, and specializations. In order to
support police personnel in adjusting to the challenges of the mission environment and ensure informed responses,
training on human rights is indispensable.26
In Timor-Leste, the UNMIT Human Rights and Transitional Justice Section (HRTJS) supports the UNPOL
component with training on human rights both as part of the mission induction requirements and also as in-mission
training according to needs and requirements.27
In view of reforming the police force, the Standing Police Capacity (SPC) “will work with police components to
analyze and strengthen national law enforcement procedures and related legislation to support generally accepted
international criminal justice standards and contemporary international law enforcement principles”.28
Human rights components can support UNPOL in developing indicators for evaluating the success of police reform
such as: adoption of laws, policies, and procedures in line with key international human rights legal instruments and
recommendations of monitoring mechanisms and bodies; existence and application of mechanisms and procedures
ensuring accountability; and sustainability of good police practices.
An UNPOL of the United Nations Mission in Liberia (UNMIL) (left) observes as a Liberian National Police
recruit demonstrates an arrest procedure, during a training session. January 2009. UN Photo #290926 by
Christopher Herwig.
26) DPKO/ITS, UN Pre-deployment Training Standards for Police Officers, 2009. On the suggested methodology for UNPOL human rights training, see:
Francesca Marotta, “The Blue Flame and the Gold Shield: Methodologies, Challenges, and Lessons Learned on Human Rights Training for Police” in
Peace-building and Police Reform, Tor Tanke Holm and Espen Barth Eide, eds. (London: Frank Cass Publishers, 2000).
27) UNMIT, After Action Review, Integrated training of UNPOL on Human Rights, 26 March 2007.
28) DPKO Policy, Establishment, Functions and Organization of the United Nations Standing Police Capacity (SPC), 1 May 2006.
248
Investigations
UNPOL supports and advises national authorities on activities aimed to reform legislations and review policies to
ensure that criminal investigations are based on and carried out according to international human rights standards.
They also advise national police investigators in their daily work.
UNPOL may be called on to use their expertise to assist human rights teams with human rights investigations
into serious human rights violations. In some missions, UNPOL officers have been seconded to staff investigative
teams within human rights components. “Heads of Human Rights Components of peacekeeping operations shall lead
all the Missions’ efforts aimed at the independent human rights monitoring of police and law enforcement agencies.”29
Taking action and reporting on human rights violations
UNPOL officers “should report human rights violations they witness to their commanders for transmission to the
human rights component, or equivalent, of the peacekeeping operation”.30
When witnessing or being informed about a human rights violation the UNPOL officers must:
• Intervene with local police or other State officers in view of putting a stop to the human rights violation
(type and level of engagement will depend on the specific situation and mandate);
• Ensure assistance to the victim as necessary (the person may be wounded and requiring medical assistance
and/or be seeking ways to file a complaint for reparation);
• Determine on what and how to mentor/advise local police to avoid further violations;
• Document the human rights violation properly;
• Promptly share the information and report the human rights violation to human rights components in the
mission through appropriate mission procedures;
• Consult with the human rights component of the mission on further or coordinated action necessary; and
• Support human rights components monitoring, investigations, and advocacy activities.31
Formed police units
Formed police units (FPUs) are teams of armed and well-equipped police officers under the command of the
peace operations’ police commissioner. FPUs work in support of the establishment and for the maintenance of a safe
environment, which subsumes the task of supporting national policing functions.
FPUs are self-sufficient, able to operate in high-risk environments, and are deployed to accomplish policing
duties such as crowd control and riot prevention. The type of equipment they use depends on the level of violence
involved. In situations of public disorder of a military nature, when sustained use of firearms or heavy weaponry
may be required, FPUs will be temporarily placed under the command of the senior military officer responsible for
the area.32
Among the police components, FPUs are those that better reflect the role of UNPOL in the protection of
civilians. By carrying out arrests, detention, and use of firearms, FPUs can support the national police, sometimes
in coordination with military peacekeepers, to crack down violent crime and urban battles that endanger the lives of
many civilians.
29) DPKO Policy, Support for the reform, restructuring and rebuilding of police and law enforcement agencies, 18 December 2006, 11.
30) DPKO, Guidelines for United Nations Police Officers on assignment with peacekeeping operations, 29 June 2007.
31) UN Peacekeeping PDT Standards, Human Rights Standards in Arrest and Detention, Specialized Training Material for Police, 2009.
32) DPKO Policy (Revised), Formed Police Units in United Nations Peacekeeping Operations, 1 March 2010, 14.
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An officer from the Indian Formed Police Unit (FPU), working with Brazilian UN peacekeepers, helps to secure the
perimeter of a bank in downtown Port-au-Prince, Haiti. (UN Photo #425556 by Marco Dormino, January 2010)
FPUs must exercise their functions in strict accordance with international human rights and criminal justice
norms and international policing standards.33
Section 9.4 External Human Rights Partners

Human rights work in peace operations involves a wide range of partners and actors, not limited to those
working within the mission.
Planning and implementation of peace operations are often carried out in an integrated manner requiring the
involvement of the UNCT, the consideration for humanitarian imperatives and principles, and the active consultation
with national actors.
The SRSG, apart from being the head of the peace operation, is also responsible for establishing the overall
framework that guides the activities of the mission and the UNCT, ensuring a coordinated and coherent approach.
Human rights, being a cross-cutting concern for both the mission and the UNCT, is important in establishing such
coherence. The SRSG has a precise responsibility to ensure that all the UN entities on the ground integrate human
rights in their work, including through joint programmes and operational partnerships. The human rights component
of the peace operation should coordinate all the human rights functions.
The head of the human rights component provides advice to the UNCT and humanitarian country team (HCT)
to ensure that human rights issues and perspectives are fully integrated into political, humanitarian, and economic
efforts and programmes. He/she represents the mission and OHCHR on human rights matters during contacts with
national and international organizations working in the field of human rights, diplomatic missions, donors, and other
international actors.
33) DPKO/DFS Policy (Revised), Formed Police Units in United Nations Peacekeeping Operations, 1 March 2010.
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United Nations Country Team
The UNCT is made up of all the United Nations agencies, funds, and programmes who operate in that particular
country. Many of these organizations, similar to the humanitarian organizations, may have been deployed in the
country long before the deployment of a UN peacekeeping mission. As such, they may be very familiar with local
dynamics and may have developed deep contacts with both the civil society and the national authorities.
It is hard to propose an exhaustive list of all the UN organizations relevant to human rights with whom the
peace operation works. The members of the UNCT can be different each time depending on the specific needs on the
ground.
Organizations such as UNDP and UNICEF that deal with recovery and development are often present before, during,
and after a peacekeeping operation’s deployment. This means that they are key actors for making the achievements
of the peace operation sustainable. UNDP implements several projects and often coordinates inter-agency efforts
in different areas including ROL/justice and SSR. UNDP and OHCHR — or the human rights component in peace
operations — co-chair the protection sub-cluster on rule of law and justice. UNICEF has specific expertise on children-
related issues and, as such, works closely with human rights and child protection components. UNICEF chairs the
protection sub-cluster on child protection.
The United Nations High Commissioner for Refugees (UNHCR) is a UN agency with a specific mandate for
refugee protection and, on a more limited scale, for IDP-related matters. Human rights officers monitor refugee
and IDP camps and detention centres where IDPs and refugees might be detained illegally, as well as advise State
authorities on good practices for involving vulnerable groups in State processes.
The World Food Programme (WFP) is involved primarily with providing humanitarian assistance, and is a key
implementer of the right to food.
The United Nations Population Fund ensures that gender perspectives are properly integrated in the work of
different agencies, and chairs the protection sub-cluster on gender-based violence.
The OHCHR is represented in the peace operation by the human rights component. Once the operation is ready
to implement the exit strategy, and if the conditions are suitable for that, OHCHR may continue human rights work
on the ground aiming to consolidate capacity-building achievements reached by the human rights component and
other long-term results.
Financial institutions like the World Bank (WB) can also be part of the UNCT. It is very important that the human
rights component is able to advise these actors on a human rights approach to development in a way to strengthen
opportunities for civil society empowerment and minimize negative impact of large-scale projects on communities
and cultures.
The Office for the Coordination of Humanitarian Affairs (OCHA) coordinates the activities of different international
and national humanitarian partners, including UN agencies and NGOs.
Other UN agencies, programmes, and funds can also be present in the peace operation area and be actively
involved in contributing to the protection and promotion of human rights.
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Humanitarian country team
The DSRSG/RC/HC coordinates the humanitarian country team (HCT) and liaises with the broader humanitarian
community (ICRC, INGOs, and local NGOs) present in the mission area. When the DSRSG/RC/HC is supported by
OCHA, OCHA serves as the coordination office. OCHA can include civil-military coordination officers who liaise with
military peacekeepers on coordination aspects between the military and the humanitarian organizations.
UN humanitarian agencies and other humanitarian actors, and also the human rights components, take part in
the sectoral working groups (clusters) on issues such as education, health, protection, shelter, water, and sanitation.
Other international actors relevant to human rights
International Committee of the Red Cross (ICRC)
This international organization ensures humanitarian protection and assistance for victims of armed conflicts
violence including prisoners. They are a key body mandated by the four Geneva Conventions. ICRC delegates often
liaise with human rights officers. Having different working methods and principles, they exchange information on
conditions in prisons and other issues of common concern. ICRC and the human rights component also co-develop
and co-deliver training for armed forces on human rights and international humanitarian law.
International NGOs
They are many INGOs with different thematic mandates, including human rights monitoring, humanitarian and
medical assistance, legal assistance to victims, counselling for survivors of sexual and gender-based violence, etc.
International human rights NGOs such as Amnesty International and Human Rights Watch may not be based in
peacekeeping operations areas, but may send their researchers and monitors for short assessments.
International tribunals
International tribunals are international judicial bodies rendering justice and upholding accountability for severe
human rights violations. International tribunals like the International Criminal Court can send their investigators on
the ground to gather evidence on responsibilities related to mass murders and attacks on civilians. Procedures for
cooperation between international tribunals and peace operations are usually put in place by the UN Office of Legal
Affairs. Human rights components maintain databases and hold information which can be crucial for prosecution of
perpetrators.
Diplomatic corps
Embassies, delegations, and missions are key entry points for the actions of development agencies and other
donors. The human rights component needs to keep them updated on the human rights situation in the country and
facilitate visits to assess opportunities for interventions and project implementation in the area of human rights.
Regional organizations
Peacekeeping human rights components can work alongside military peacekeepers under the flag of a
regional organization. In Darfur, for example, the UNMIS human rights component was supported by African Union
peacekeepers; in Chad, the MINURCAT human rights component was under the protection of the European Union
military component; in the Balkans, most of the UN missions were working alongside military presences provided
by the North Alliance Treaty Organization; in Kosovo, under the umbrella of the UN mission UNMIK, human rights
functions were implemented by the Organization for the Security and Cooperation in Europe (OSCE).
252
In some cases, peace operations can be the result of hybrid compositions such as the current mission in Darfur
(UNAMID, a hybrid UN–AU operation) or the past human rights field operation in Haiti (MICIVIH, a hybrid UN–
Organization of American States operation).
International business sector, private security companies
International business and security companies are increasingly present in peace operation contexts. Conflict-
affected areas offer great opportunities for business and security services. Mining, logging, and other activities
related to natural resources are very common in peacekeeping areas. On the security side, the tasks of bringing
stability to countries and reforming the national security sector are increasingly delegated to international private
security actors. For example, in Liberia, DynCorp International has been directly responsible for the restructuring of
the national armed forces.
International companies often deliver quality services; however, one of the major concerns is their legal
“immunity” since they are not directly bound by international human rights treaties. It is important for human rights
officers to ensure that the State and the UNCT partners link companies’ interventions to specific conditions.
National actors
The two main goals of any human rights work are to protect the national population and to empower their
representatives.
National authorities are of course the main counterparts of peace operations. A UN mission supports State
functions, including human rights protection and promotion, with a view to achieve their complete revitalization
and sustainability. It is necessary then to involve State ministries, institutions, and departments in all the different
phases of the mission and strengthen their capacities.
A key objective of any peacekeeping operation is also to ensure support to a government which is representative
and accountable. This calls for actions towards participation, non-discrimination, equality, and transparency, which
require the active role and support of the civil society as a whole including the most vulnerable groups. Empowering
individuals and organizations that can ensure a human rights dialogue with the government is essential.
National actors include:
• National and local authorities: the government (ministries and departments, provincial and municipal
bodies), the parliamentarians, military, police, immigration, national security, judges, prisons officers, etc.;
• Civil society: human rights and other NGOs, professional organizations, associations, trade unions, women’s
groups, indigenous and minorities representatives, journalists and other media representatives, disabled
persons organizations, immigrants’ organizations, paralegal assistants, teachers, etc.;
• Religious groups and associations;
• Traditional authorities and structures, such as village leaders, elders, tribal councils, and traditional courts;
• National human rights institutions, independent human rights commissions, ombudspersons, truth
commissions, and other monitoring mechanisms; and
• Human rights activists and defenders: a broad category that can include individuals of different categories
mentioned above.
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Talking with Experts »
Human Rights Partners: Amnesty International
Amnesty International (AI) is a worldwide movement that campaigns for internationally recognized
human rights to be respected and protected. Public advocacy and influencing actors such as governments,
political bodies, companies, and intergovernmental groups are key strategies of AI work. To make those
strategies effective, AI gathers information on human rights situations from all countries, including countries
in which UN peace operations are deployed.
In this section, the author interviews Tania Bernath, a West Africa researcher for Amnesty International.
The interview was conducted via email in January 2010.
Patrick Marega Castellan (PMC): An important part of AI’s work is to send country researchers and
experts to the field to carry out research missions on the human rights situation. During these missions, the
researchers interview victims of human rights violations, local officials, their strong network of human rights
activists, local media, and the international community including the UN. In the context of peace operations,
how do you exchange information with human rights components and UN thematic agencies? Working
principles and methods can sometimes be different. How do you reconcile them in view of a constructive
partnership?
Tania Bernath (TB): AI researchers routinely interact with human rights components within UN peace
operations in a number of ways despite the different ways that the two bodies operate. The ideal relationship
between AI researchers and UN human rights workers on the ground is to both share and seek information.
UN human rights workers, because they are based in country, are often privy to a lot of information that
they themselves may be unable to follow up or act on because of their mandate within a given country
limiting their ability to speak out about some violations they may come across. On the other hand, Amnesty
International is not based in countries where they carry out research, which not only gives the organization
the ability to research and report on a wide array of issues, but it requires ears and eyes on the ground
which provides researchers with information that they can pursue.
PMC: AI work can be obstructed by governments not willing to be under scrutiny or publicly shamed
for their human rights record. In some cases, governments may not authorize AI visits. How do you prevent
or overcome such resistances? How can we convince governments to take their human rights obligations
seriously and punish perpetrators?
TB: Unlike some human rights organizations, AI will not visit a country to carry out research unless
it has been granted permission to visit there. In some cases, where countries have refused AI access
for research missions, the organization will make this denial public which can serve as another way of
getting attention to the deteriorating human rights situation in the country. In other cases, AI may use
a more quiet approach by seeking dialogue with governments to convince them of some of the potential
benefits of not only allowing an AI research mission to take place but convincing them that improving
their human rights record could also be beneficial to them. AI also works with civil society, members of
the diasporas, international and regional bodies, as well as neighbouring governments to put pressure on
countries unwilling to allow AI to visit.
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Talking with Experts (continued) »

PMC: Human rights and peacekeeping have grown in the last 15 years. Problems are more complex but
they are also tackled in a more comprehensive and coordinated manner. Partners work together giving more
attention to ESCRs, integrating human rights in development, pointing to the responsibility of non-State
actors including corporations. How is AI responding to these new challenges on the ground?
TB: Beginning in 2009, Amnesty International embarked on a campaign looking at social, economic,
and cultural rights: the Dignity Campaign. The priority issues that it will be focused on in a wide array of
countries include maternal mortality, slums, and extractive industries. The organization recognizes that
ESC rights and issues linked to poverty such as the right to health, the right to housing, and corporate
accountability impact on so many countries around the world. This campaign will continue for the next 10
years. It will require working in different ways and with different actors than AI has worked with before and
many challenges lie ahead.
On 27 May 2009, Amnesty International launched the “Demand Dignity campaign” in conjunction with the organization’s annual
report. This long-term campaign focuses on tackling exclusion, discrimination, marginalization, and poverty. Central themes of the
campaign include maternal mortality, slums, corporate accountability, and justiciability of ESCRs. Amnesty International’s annual
report strongly focuses on the economic and financial crisis and its impact on human rights. For more on the campaign, visit:
<www.amnesty.org/>.
255
Lesson Summary
Key components relevant to human rights:
Rule of Law/Justice;
• Correction;
• Security Sector Reform (SSR);
• Political Affairs;
• Civil affairs;
• Gender Adviser;
• Child Protection;
• Electoral;
• Disarmament, Demobilization, and Reintegration (DDR);
• Humanitarian Affairs/Coordination;
• Conduct and Discipline;
• Joint Mission Analysis Centres (JMAC); and
• Integrated Mission Training Centres (IMTCs).
The military component integrates human rights in their operational tasks by:
• Protecting people through armed presence and deterrence;
• Contributing to human rights monitoring with information and reporting on human rights incidents;
• Supporting human rights officers and other partners providing escorts including during joint investigations;
• Protecting women, children, and other groups at risk such as witnesses, victims, and human rights defenders
and empowering communities and local civil society by:
–– Keeping them informed on security development;
–– Supporting the establishment of local consultative and complaint mechanisms;
–– Providing social role models for the national authorities and the population at large; and
• Contributing to restore and maintain law and order when needed in total compliance of international human
rights standards.
The UNPOL component integrates human rights in their operational tasks by:
• Assessing the local context in consultation with human rights partners and developing contacts with local
human rights organizations and defenders;
• Mentoring and advising national police forces to perform their duties in line with human rights standards;
• Providing training and vet restructured police in partnership with human rights components;
• Joining special investigations led by the human rights component;
• Taking action and reporting on human rights violations; and
• If part of FPUs, carrying out robust policing tasks with respect for international human rights standards.
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External human rights partners
• United Nations Country Team (UNCT): UNDP, UNICEF, UNHCR, WFP, UNFPA, OHCHR, WB, OCHA, and others;
• Humanitarian Country Team (HTC);
• International Committee of the Red Cross (ICRC);
• International NGOs;
• International tribunals;
• Diplomatic corps;
• Regional organizations;
• International business sector and private security companies; and
• National actors.
257
1. Truth commissions, consultations, 3. National actors include all of the

reparations, institutional reform, vetting, following EXCEPT _____.
and dismissals are examples of _____.
A. civil society
A. international tribunals procedures B. national and local authorities
B. transitional justice initiatives C. national human rights institutions
C. legal tools of human rights components D. regional organizations
D. UNPOL activities
4. It is important than human rights
2. FPUs and military components work components actively support military
together during which kind of tasks? components by _____.
A. Situations of public disorder that require A. participating in joint armed patrols
heavy weaponry B. ensuring that actors from national armed
B. Military parades forces are not alleged perpetrators
C. Border control and observation C. taking part in security and coordination
D. Joint investigations led by the human rights meetings aimed at developing and renewing
component protection strategies
D. All of the above
A peace operation develops a post-induction training programme consisting of different

modules. For questions 5–10, match the organization/component on the left-hand side
with the module that it is most likely to develop on the right.
A. Participation of women in political

5. UNHCR
processes
6. Gender Adviser B. Child recruitment
7. Human Rights C. Community policing
8. Child Protection D. Reform of armed forces
9. Security Sector Reform A. E. Reporting on human rights
10. UNPOL F. Refugee law
258
Answer Key »
1. B
2. A
3. D
4. D
5. F
6. A
7. E
8. B
9. D
10. C
259
LESSON
Peace Operations and
10 Accountability
A durable peace is possible

only if human rights are
respected.
UN Photo #133140 by Martine Perret.
Section 10.1 Human Rights and Accountability • Understand the importance of the respect for human
through Peace Processes rights in the mission to achieve durable peace.
Section 10.2 Human Rights Challenges: The

• Understand how the peace operation can ensure
accountability for past and ongoing human rights abuses
Need for a Coherent Approach
through inclusive peace agreements, truth commissions,
Section 10.3 Human Rights Obligations prosecutions, and conditional support to the host State.
of UN Peace Operations and • Be familiar with the legal and ethical responsibilities
Peacekeeping Personnel of peace operations’ personnel and the available
mechanisms and procedures for their accountability.
Section 10.4 Some Key Principles of Conduct
for Human Rights Work in Peace
Operations
260
LESSON 10 | Peace Operations and Accountability
Two volunteers, one from Zambia (left) and one from Canada (right), assist in the election process in East Timor. 1 January 2000. UN
Photo #31591 by United Nations.
Section 10.1 Human Rights and

Accountability
through Peace
Processes1
A durable peace is possible only if human rights are
respected. In the last decade, accountability for egregious

human rights violations has become a UN principle as well as at <https://www.peaceopstraining.org/
a reason for UN operational intervention, including through videos/90/lesson-10-peace-operations-
and-accountability/>.
the deployment of peace operations.
1) See: Bertrand G. Ramcharan, “Human Rights and Conflict Resolution”,

Human Rights Law Review, vol. 4, no. 1, 2004; Ellen L. Lutz, Eileen F.
Babbitt, and Hurst Hannum, “Human Rights and Conflict Resolution from
the Practitioners’ Perspectives”, The Fletcher Forum of World Affairs, vol. 27,
no. 1, 2003.
261
The United Nations has a responsibility to protect, to investigate violations, and to ensure accountability of
perpetrators, including by cooperating with international criminal tribunals such as the International Criminal Court.2
Conflicts result in large-scale disappearances and death, destruction, and lifetime suffering. Most of the victims
are civilians who never chose to be part of the violence but have been targeted indiscriminately in total disregard of
any law governing armed conflict.
Once the conflict is over, those remaining have the right to know why those events occurred, to know the truth
about their relatives and loved ones, to see justice served, and to receive reparation for the pain unjustly suffered
and the lives inhumanely taken.
Transitional justice frameworks supported by peace operations, and particularly by rule-of-law actors such as
human rights components, balance judicial and non-judicial elements and support States in providing their people
with truth and justice on the basis of which it is possible to reconstruct a stable and long-lasting peaceful society.
Human rights vs. peace?
The perceived incompatibility between peace and justice results mainly from the dilemma between securing peace
with the participation of all, including perpetrators of human rights violations, at the table of negotiations, or ensuring
justice for past abuses with the risk of destabilizing the peace process.
States coming out of conflict are often characterized by a politico-military apparatus where many key actors still
in power may have been responsible for ordering or committing atrocities. Key political actors leading the transition
may be reluctant to promote justice for past abuses by generals who still might be controlling the security sector
at a certain level. The same goes for non-State actors, such as commanders of rebel groups, who presume their
own immunity and attempt to step into national politics. Such a situation where no one is totally “clean” can lead to
complicity between “yesterday’s enemies” and make accountability a very difficult goal to reach. At the international
level, ensuring that national perpetrators are brought to justice may be uncomfortable for external actors who might
have backed one of the conflicting parties (State or non-State) at the time of the conflict and are wishing to maintain
the status quo to continue business and cooperation.
“The problem is not one of choosing between peace and justice,

but of the best way to interlink one with the other, in the light
of specific circumstances, without ever sacrificing the one for
the other. Indeed … peace and justice can and must be pursued
in parallel. We should always bear in mind that impunity can be
an even more dangerous recipe for sliding back into conflict.”3
If equitably and carefully pursued, justice can sustain peace and vice versa. Support for the process and
determination by the international community, including the Security Council, the Human Rights Council, donors,
TCCs, and humanitarian actors, is essential.
2) “It is now crucial that the international community ensures that this nascent institution has the resources, capacities, information and support it
needs to investigate, prosecute and bring to trial those who bear the greatest responsibility for war crimes, crimes against humanity and genocide, in
situations where national authorities are unable or unwilling to do so. The Security Council has a particular role to play in this regard, empowered as
it is to refer situations to the International Criminal Court, even in cases where the countries concerned are not States parties to the Statute of the
Court.” S/2004/616, 23 August 2004, 16–17.
3) Patricia O’Brien, Under-Secretary-General for Legal Affairs, statement at the Human Security Network Annual Ministerial Meeting, New York, 23
September 2009.
262
“The potential contradiction of pursuing peace and justice simultaneously is a particular

challenge in the context of large-scale conflicts, whether internal or international.
The peacemakers generally have a clear idea of their immediate task, which is to
stop the violence and pave the way for negotiations. But where do human rights fit
in negotiations, mediation or conflict resolution strategies? More specifically, how do
human rights norms affect issues such as who comes to the table, whether human
rights must be included as part of any formal peace agreement, how human rights will
be monitored in the post-agreement period, where human rights fit into post-agreement
capacity-building, and how human rights affect long-term rule of law issues?”
–Hurst Hannum
from “Peace versus Justice:
Creating Rights as well as Order out of Chaos”, 2009
Inadmissible amnesties
The decrease in distance between peace and justice is reflected in current international law and UN policy
on amnesties.4 In 1999, the UN adopted the Guidelines for United Nations Representatives on Certain Aspects of
Negotiations for Conflict Resolution, which point out the unacceptability of amnesties that grant impunity for grave
crimes such as crimes against humanity and war crimes.5 These guidelines form the basis of the UN’s formal rejection
of the amnesty that was included in the July 1999 Lomé Agreement on Sierra Leone.
International law may consider amnesties in specific cases; however, amnesties are impermissible if they prevent
prosecution of individuals who may be criminally responsible for war crimes, genocide, crimes against humanity, and
gross violations of human rights.
“United Nations officials, including peace negotiators and field

office staff, must never encourage or condone amnesties that
prevent prosecution of those responsible for serious crimes
under international law, such as war crimes, genocide and
crimes against humanity, or gross violations of human rights,
such as extrajudicial, summary or arbitrary executions; torture
and similar cruel, inhuman or degrading treatment; slavery;
and enforced disappearance, including gender-specific instances
of these offences, or that impair victims’ right to a remedy,
including reparation, or victims’ or societies’ right to the truth …
The United Nations policy concerning amnesties is a corollary

to the principles, which have been affirmed repeatedly within
4) See OHCHR, Rule-of-Law Tools for Post-conflict States, “Amnesties”, 2009.
5) “By the late 1990s, the need to provide UN Representatives with guidelines in their efforts to facilitate a negotiated resolution of conflicts and to better
addresses the tension between stopping the fighting and punishing human rights violations, had become acute. In 1999, the Guidelines for United
Nations Representatives in Certain Aspects of Negotiations for Conflict Resolution were adopted by the Secretary-General. They were, in the words of
the Secretary-General, “a useful tool with which the United Nations can assist in brokering agreements in conformity with law and in a manner which
may provide the basis for lasting peace… [and] a significant step in the direction of mainstreaming human rights. The Guidelines were subsequently
revised. They require the UN Representative to seek guidance from Headquarters when demands for amnesty are made and recalls that the UN
cannot condone amnesties for genocide, war crimes, crimes against humanity or gross violations of human rights.” Patricia O’Brien, Under-Secretary-
General for Legal Affairs, statement at the Human Security Network Annual Ministerial Meeting, New York, 23 September 2009.
263
the United Nations system, that States must (a) ensure that
those responsible for serious violations of human rights and
humanitarian law are brought to justice.”6
Such principles comprise the right to redress and reparation for affected communities and individuals, including
the most vulnerable ones and other groups at risk.
Reference to the Guidelines for United Nations Representatives on Certain Aspects of Negotiations for Conflict
Resolution in the recent UN Guidance Note of the Secretary-General on Democracy also supports convergence
between the political and human rights dimension. The policy highlights key principles for United Nations’ political
facilitation and democracy assistance.7
“In the short term, it is easy to understand the temptation

to forget justice in an effort to end armed conflict. But any
decision to ignore atrocities and to reinforce impunity may
carry a high price. We should not allow the impact of justice
to be undervalued when weighing objectives in resolving
a conflict. This temptation to suspend justice in exchange
for promises to end a conflict has arisen in a number of
situations and threatens to recur as parties and mediators
struggle to negotiate peace. As Secretary-General Ban has
said on a number of occasions: “There are no easy answers
to this morally and legally charged balancing act. However,
the overarching principle is clear: there can be no sustainable
peace without justice. Peace and justice, accountability and
reconciliation are not mutually exclusive. To the contrary, they
go hand in hand.”8
Peace agreements and human rights
A peace agreement represents a “quasi-constitutional instrument concerning the future evolution of a country
and its people”.9 Peace implementation is rooted in peace agreements. Peacemaking mandates frequently pave the
way for peace agreements, which peacekeeping mandates, in turn, build on.
In many other cases, the main purpose of a peacekeeping mandate is to support the implementation of a
ceasefire or peace agreement already in existence. The mandate will take into consideration the nature and content
of those agreements. The same peace agreement can provide for implementation mechanisms which may include a
peacekeeping operation.
6) OHCHR, Rule-of-Law Tools for Post-conflict States, 27.

7) “Political facilitation can take many forms, including mediation and negotiation, convening forums for policy discussion, supporting inclusive processes
and national dialogue based on democratic values and principles. This can help lower tensions and stabilize political discourse, thereby easing the way
to democratic transition and consolidation. The UN, with its ability to provide support in an impartial manner, is particularly well placed to play this
role. The 2006 Guidelines for UN Representatives on Certain Aspects of Negotiations for Conflict Resolution contain key provisions, including the need
for upholding UN principles and purposes, special attention to institution and capacity-building, and the importance of issues of governance, legal,
electoral, and socio-economic reform, pointing to the need for UN representatives to alert the parties about UN system resources in this regard and
to engage UN system partners in the provision of support.” UN Guidance Note of the Secretary-General on Democracy, 2009.
8) Patricia O’Brien.
9) Louise Arbour, United Nations High Commissioner for Human Rights, “Human Rights in Peace Agreements & the Role of the Office of the High
Commissioner for Human Rights”, 5 April 2006.
264
From The Lomé Agreement »

ARTICLE IX: PARDON AND AMNESTY
1. In order to bring lasting peace to Sierra Leone, the Government of Sierra Leone shall take
appropriate legal steps to grant Corporal Foday Sankoh absolute and free pardon.
2. After the signing of the present Agreement, the Government of Sierra Leone shall also
grant absolute and free pardon and reprieve to all combatants and collaborators in respect
of anything done by them in pursuit of their objectives, up to the time of the signing of the
present Agreement.
3. To consolidate the peace and promote the cause of national reconciliation, the Government
of Sierra Leone shall ensure that no official or judicial action is taken against any member
of the RUF/SL, ex-AFRC, ex-SLA or CDF in respect of anything done by them in pursuit of
their objectives as members of those organisations, since March 1991, up to the time of the
signing of the present Agreement. In addition, legislative and other measures necessary to
guarantee immunity to former combatants, exiles and other persons, currently outside the
country for reasons related to the armed conflict shall be adopted ensuring the full exercise
of their civil and political rights, with a view to their reintegration within a framework of full
legality.
Provisions and frameworks of peace agreements are very important for the missions’ mandate building and
implementation processes. A peace agreement has the fundamental purpose to put an end to strife and violations,
which represents a human rights objective on its own.
Peace agreements provide opportunities to establish a broad human rights framework. Agreements may restate
pre-existing legal obligations, providing added legitimacy to the human rights work of the mission or promote
ratification of new treaties.
“Peace agreements should include a detailed and

comprehensive list of international human rights laws and
standards to be guaranteed in the transitional and post-
settlement phase, as well as providing for specific and
effective oversight mechanisms. Peace settlements should
require eventual ratification of any human rights treaties and
adherence to any international systems of rights protection to
which the State concerned is not yet a party.”10
Agreements can also include important provisions relating to national human rights institutions, transitional justice,
and judicial and security reforms.
From a human rights perspective, it is important to ensure that UN peacemakers, mediators, human rights
envoys, other interventions, civil society representatives, and women are able to participate and influence the
10) Amnesty International’s 15-point Program for Implementing Human Rights.
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The International Council of Human Rights Policy Review Meeting

Peace Agreements: The Role of Human Rights in Negotiations
Belfast, 7–8 March 2005 »
“The moment surrounding a peace agreement offers a unique opportunity to exploit the
breakdown of existing power relationships that often have prevented judicial independence.
Parties negotiating the future of their country have to make painful concessions, and for those
who have dominated, they may for the first time have to cede some control over the courts,
police, prisons, intelligence services, customs and other State agencies. Real judicial reform
is as much about transforming power relationships as it is about technical tinkering with
constitutions and criminal law. Reformers should seize this moment aggressively because it
won’t last long and may not come again soon.”
–William G. O’Neill
from Reform of Law Enforcement Agencies and the Judiciary
“A peace accord and the actual implementation of transitional justice measures may be two very
different things … The Lomé Accord does not foresee the subsequent setting up of the Sierra
Leone Special Court, nor does the Cambodia agreement reflect the subsequent decision to set
up a hybrid international court there. Conversely, the Salvadoran accords speak eloquently
about the need for judicial measures to combat impunity, yet do not reflect the amnesty law,
promulgated upon receipt of the truth commission’s report, that have left such pronouncements
unfulfilled.”
–Naomi Roht-Arriaza
from Transitional Justice and Peace Agreements
negotiations for the purposes of promoting a just and peaceful settlement of the dispute.11 Human rights provisions
related to essential reforms in the country should be the result of wide consultations with actors directly affected by
those reforms and not only input from political and military actors taking part in the peace talks. It is important to
send human rights envoys to peace talks. It helps not only to integrate human rights concerns in peace agreements
but also to support the negotiators on issues that sometimes may require technical knowledge and expertise like
amnesties or vetting.
A review of a sample of 21 major peace processes since 1992 shows that women represent a strikingly low
number of participants.12
11) According to a UNIFEM study: 1) Only 2.4 per cent of signatories to this sample of peace agreements were women; 2) No women have been appointed
Chief or Lead peace mediators in UN-sponsored peace talks, but in some talks sponsored by the AU or other institutions women have joined a team
of mediators. A recent positive case is the role of Graça Machel as one of the three mediators for the Kenya crisis in 2008; 3) Women’s participation
in negotiating delegations averaged 5.9% of the 10 cases for which such information was available; and 4) Priority gender-specific provisions in peace
accords are women’s physical security and human rights guarantees. UNIFEM, Women’s Participation in Peace Negotiations: Connections between
Presence and Influence (April 2009).
12) Ibid.
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Guidelines from the International Council of Human Rights Policy »

The following questions are set out as useful in considering the potential role of human rights in
peace agreements.
• What have been the human rights violations and abuses of the past: both the systemic
abuses at the heart of the conflict, and those which have grown up around the patterns
of conflict?
• To what extent are these on-going?
• What are the patterns of human rights violations and abuses, with respect to different
groups? How have women been affected?
• What human rights protections are required in the short-run?
-- What immediate action is required (monitoring, verification, intervention)? Who can

do this?
-- How could parties be moved towards limiting human rights and humanitarian law
violations?
-- What temporary mechanisms might be useful for enforcement of human rights

frameworks?
-- Could an initial human rights agreement be useful?
-- What practical matters would help prevent further abuses?
-- What kind of international intervention is required?
• What human rights protections and institutional reforms are required in the long-run?
-- What matters require to be pinned down in the agreement in order to ensure the
possibility of long-term reform?
-- What longer-term institutional development will be necessary?
-- Can these developments be signalled in any agreement?
-- In what ways should existing institutions be strengthened?
-- Where new institutions are to be established, what safeguards are necessary to

ensure their establishment?
• To what extent is international participation necessary to ensure implementation of

human rights frameworks?
-- What options are available?
-- Are the parties and civil society aware of the possible options?
-- How difficult will it be for parties to agree to international involvement?
• How are local actors to be involved and local ownership of justice institutions to be
fostered?
• How is the involvement of women to be secured?
• What is the relationship between international enforcement and building up of local

capacity?
• What permanent mechanisms for enforcement will have to be established?
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Writing Exercise 18: War and Gender »

In his book War and Gender: How Gender Shapes the War System and Vice Versa, Joshua
Goldstein makes the following statement: “Despite the diversity of gender and of war
separately, gender roles in war are very consistent across all known human societies.”
Explain how you believe this statement is or is not relevant to peace operations and their
personnel? How does the statement relate to a discourse on accountability?
Overall, “experience suggests that the hardest choices for negotiators concern the extent to which an agreement
should describe in detail institutional reforms and mechanisms to protect rights; or, how much this detail should be
left for the future”.13 Trying to push for certain standards may delay or suffocate the completion of an agreement. On
the other hand, failure to be specific, particularly on sensitive issues, may enable parties to evade commitments at
a later stage.
“The process itself is as impartial as its outcome. Strong human

rights advocacy throughout the process moves the dialogue
in the right direction. This is surely better than sponsoring
an agreement that cannot serve as the foundation for a just
society recognized as such under international standards.”14
Truth and justice
“Another important mechanism for addressing past human

rights abuses is the truth commission. Truth commissions
are official, temporary, non-judicial fact-finding bodies that
investigate a pattern of abuses of human rights or humanitarian
law committed over a number of years … Truth commissions
have the potential to be of great benefit in helping post-conflict
societies establish the facts about past human rights violations,
foster accountability, preserve evidence, identify perpetrators
and recommend reparations and institutional reforms.”15
Truth and justice are complementary to each other. People have the right to know what happened and to have
justice served accordingly. When they are in line with international standards, truth and reconciliation commissions are
independent, impartial, and competent bodies, free of governmental interference. They have become accepted as tools
to address impunity and help people overcome the experience of the brutal past.16
13) International Council on Human Rights Policy, “Negotiating Justice? Human Rights and Peace Agreements”, 2. See: UN Peacemaker, an online DPPA
mediation support tool for international peacemaking professionals and an extensive databank of modern peace agreements. Available from: <http://
peacemaker.un.org>.
14) Louise Arbour.
15) S/2004/616, p. 17.
16) OHCHR, Rule-of-Law Tools for Post-conflict States, “Truth Commissions”, 2006.
268
Truth commissions should not be a substitute for individual prosecution. The search for truth can be combined
with accounts of past abuses and accountability mechanisms and actions that will respond to the contingencies in the
country. Truth commissions provide opportunities for people to address their past and to identify and understand the
root causes of the armed conflict but also a platform for taking action in view of providing justice to individuals and
families who have been denied their human rights during the conflict. Human rights officers in peace operations are
directly involved in supporting the search for truth.
In July 2008, OHCHR, in collaboration with DPKO and UNDP, undertook a mapping exercise to document
serious violations of human rights and international humanitarian law committed in the Democratic Republic of the
Congo. The mapping exercise is expected to “create an inventory of the most serious violations of human rights
and international humanitarian law committed between 1993 and 2003” and “assess existing capacities within the
national justice system to address such violations”.17
In 2005, the Human Rights and Protection Section (HRPS) of the United Nations Mission in Liberia (UNMIL)
supported the promulgation of the act establishing the truth and reconciliation commission (TRC), as envisaged by the
peace agreement, and participated in the commissioners’ selection process through publicity efforts and dissemination
of nomination forms. OHCHR and UNDP jointly executed a conflict mapping project, collecting and compiling up to
13,000 witness statements, which were handed over to the Commission upon its establishment in February 2006.
In Sierra Leone, both the Human Rights Section (HRS) of the United Nations Assistance Mission in Sierra Leone
(UNAMSIL) and the Human Rights and Rule of Law Section (HRRLS) of the United Nations Integrated Office in Sierra
Leone (UNIOSIL) have been involved in disseminating and sensitizing the population on the report including findings
and recommendations, prepared by the truth and reconciliation commission. The UNIOSIL human rights and rule-of-
law component has also provided technical support to the government in implementing the reparations programme
and issued a joint vision paper, developed in collaboration with other United Nations agencies, identifying several TRC
recommendations as continuing priorities for intervention.
In Afghanistan, the UNAMA Human Rights Unit has provided technical assistance to the Afghanistan Independent
Human Rights Commission (AIHRC) with regard to collecting victim and witness testimonies and devising strategies
to protect mass graves to safeguard evidence.18
Prosecutions and impunity
Prosecutions of human rights violators remain one of the most challenging aspects both of transitional justice
and judicial support efforts.
If allegations of human rights violations are in some cases recognized or admitted, investigations and trials
remain overall very rare, making the rule-of-law process incomplete.
States may be more susceptible to accept and implement reparations programmes rather than engaging in
prosecutions. Again the risk is providing victims with merely half a solution, which is unsatisfactory, both from a legal
and a moral perspective. By not bringing its officials to justice, the State fails to respect the dignity of the victims,
who are, in most cases, individuals and groups who have lived all their lives in poverty, affected by conflict-related
violations and with unrealistic chances to afford a lawyer. Both reparations and prosecutions are needed in the
process of accountability.
17) Navanethem Pillay, United Nations High Commissioner for Human Rights, statement made to the Human Rights Council at Eighth Special Session,
Situation of Human Rights in the Democratic Republic of the Congo in Geneva, 28 November 2008.
18) A/HRC/12/18. Available from: <https://undocs.org/a/hrc/12/18>.
269
“Impunity” means the impossibility, de jure or de facto, of bringing the perpetrators of violations
to account — whether in criminal, civil, administrative or disciplinary proceedings — since they
are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found
guilty, sentenced to appropriate penalties, and to making reparations to their victims.
“Impunity arises from a failure by States to meet their obligations to investigate violations; to
take appropriate measures in respect of the perpetrators, particularly in the area of justice, by
ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished;
to provide victims with effective remedies and to ensure that they receive reparation for the
injuries suffered; to ensure the inalienable right to know the truth about violations; and to take
other necessary steps to prevent a recurrence of violations.”
–Diane Orentlicher
from Promotion and Protection of Human Rights
(E/CN.4/2005/102/Add.1), 2005
Section 10.2 Human Rights Challenges: The Need for a Coherent

Approach
Ensuring accountability dictates the dynamics of modern peace operations. From the “observation” of the past,
modern peacekeeping is involved in finding facts, investigating, and bringing evidence to State authorities for action.
This requires a strong dose of coherence, planning, and coordination. Joint institutional coherence translates into
coherence towards human rights.
Human rights often collide with delicate aspects of political negotiations. It is important that the question of
accountability always represents a reference point for the discussions at the senior level of the mission. Key UN
planners and managers must be able to work and take decisions without compromising UN rule-of-law principles and
replacing long-lasting results with immediate but temporary success.
Even in situations of completely failed States, national State administrators, law and enforcement actors, and
the judiciary apparatus can still be able to perform lawfully if provided sufficient support. Such assistance must
be driven by convincing vetting programmes and evaluation processes and must accompany appropriate reform
enabling field practices to reflect State’s legislations and policies and vice versa.
International human rights law constitutes a key element of the missions’ legal framework and it is important
to “ensure to the maximum extent possible legal ambiguities are resolved during the planning and conduct of peace
operations and agreed upon by all parties concerned”.19
One of the challenges in post-conflict situations is to be able to reposition rather than to recycle the former
“State team". In the short run, it may seem convenient — politically and with regard to resources — to make use of
the same State actors. In the long run, it can be deleterious. While planning endeavours towards stability, the peace
operation must be able to include actions of vetting and accountability within the realm of security and development.
In particularly fragile transitional periods, State actors, thanks to the deployment of the peace operation, can
regain their positions and resume work in the field. The mission, through civil affairs and other experts, supports the
19) The Challenges Project, Challenges of Peace Operations into the 21st Century, Concluding Report 1997–2002, Elanders Gotab, Stockholm, 2002, 14.
270
restoration of local authorities to ensure that the population is provided with vital State services, including justice
administration and protection from crimes.
With the presence of the operation’s armed units, the chances for armed conflict to continue will be lessened, but
security can still be a problem. To ensure a sense of revival, the population will certainly require protection from attacks
but also trustable and safe institutions from which appeals for support can be granted if required. One of the reasons
why people tend to avoid police stations and courts in the aftermath of conflicts is that police officers may have a dirty
record of violations committed during the war and judges may not be working independently. In contexts of poverty,
where independence of key rule-of law-institutions is far from guaranteed, “buying the law” for personal or political
vendettas can be relatively easy.
Accountability is key for human rights-related functions to be effective. To be sustainable, capacity-building,
mentorship and advice, and training and action-oriented monitoring require interaction with credible actors. Truth
seeking, vetting of law enforcement agencies and armed forces, retraining of judges, prosecutors, and lawyers,
redress and reparation programmes, and prosecution of State and non-State actors responsible for unacceptable
violations are all processes that are both complementary and conditional to the mission’s support on the ground.
Ensuring credibility of peace operations through conditional support
“It is a contradiction of basic UN principles for UN peacekeepers

to cooperate with a military operation led by individuals who
stand accused of war crimes and grave human rights abuses.”20
The above statement, made by Philip Alston, a UN expert on extrajudicial executions, at the end of his mission
to the Democratic Republic of the Congo in October 2009, points at the unacceptable violations committed by the
Democratic Republic of Congo’s Armed Forces (Forces Armées de la République Démocratique du Congo or FARDC)
in the context of joint operations supported by the MONUC military component.
Since 2004, the mandate of MONUC (now MONUSCO) has authorized the peace operation to participate in and
support military operations jointly planned with Congolese army integrated brigades against foreign and national
armed groups such as the Democratic Forces for the Liberation of Rwanda (FDLR).
In such operations, MONUC provided the DRC armed forces both with military and service (logistic) support. This
includes food rations, fuel, transport, and medical evacuation. MONUC also shared planning and operational aspects,
including the use of force.
The support given by the peace operation aims to be a strong incentive for the Congolese troops and to
discourage violative behaviours by soldiers and officers. Joint operations are expected to be conducted in compliance
with international humanitarian, human rights, and refugee law and to include appropriate measures to protect
civilians. The fact of sharing planning and tactical aspects should also ensure a better prevention of violations against
the population.
Regrettably, the reality so far has been very different. FARDC brigades remain among the worst violators of
human rights; their behaviour, including during the joint operations, has been nothing less than criminal. During joint
operations, such as the tragic Operation Kimia II, Congolese battalions have been looting and committing atrocities
against people believed to have supported the FDLR.
20) OHCHR, “UN expert on extrajudicial executions calls on UN to end support to Congolese military operations commanded by known war criminals”, 18
December 2009. Available from: <https://newsarchive.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=9679&LangID=e>.
271
Members of the Indian contingent of MONUC train officers and soldiers of the FARDC. February
2008. UN Photo #185340 by Marie Frechon.
Instead of representing a model of change, national armed forces have deliberately acted outside the law.
International human rights standards and basic principles of humanity, to which the armed forces are firmly bound,
have been flagrantly disregarded:
“The … MONUC-supported Congolese army (FARDC) military

operation in the Kivus against the FDLR armed group that
began formally in February 2009 … has produced catastrophic
results. Hundreds of thousands have been displaced, thousands
raped, hundreds of villages burnt to the ground, and at least
1,000 civilians killed … Since January 2009, the FDLR have
committed an average of 50–60 killings per month, compared
to less than 10 killings per month in 2008. Violent rape has
accompanied these atrocities. Many of the killings have been
in retaliation against civilians who were believed to have
cooperated with the FARDC when they were in control of the
area.”21
To put a stop to such an inadmissible scenario, at the end of 2009, the UN Office of Legal Affairs alerted on the
need to stop such joint operations in the event of human rights violations committed by national armed brigades.
Continuing to provide support would have put MONUC in a position of responsibility for the violations of international
law committed by FARDC troops receiving its assistance.
These developments brought about the creation of a “conditionality policy” for future joint operations which
was negotiated between the UN and the DRC government. The policy provides for the removal of Congolese army
commanders with a documented track record of grave human rights abuses.
21) Philip Alston, UN Special Rapporteur on extrajudicial, summary or arbitrary executions (MONUC), Press Statement, 5–15 October 2009. See also the
Human Rights Watch report, You Will Be Punished: Attacks on Civilians in Eastern Congo, Debates on Conditionality, December 2009.
272
National commitment remains vague, however. The DRC authorities have showed resistance to the conditions
set out by the policy and also some indifference to MONUC support — “independent” military operations have
been carried out in parallel to the joint ones. The impression is that the policy, “far from significantly reducing the
occurrence of FARDC crimes, serves the more limited purpose of shielding the UN mission from accusations of
complicity in war crimes”.22
In such violative context, conditions for international support
are very questionable. A peace operation should not sacrifice its
credibility. Supporting national armed forces originates from
peace operations’ mandates; however, supporting perpetrators
goes against the principles of United Nations and those very
mandates. The UN Special Envoy on extrajudicial executions has
recommended that the conditionality policy adopted by the UN
operation in DRC should be made public and that the peacekeeping
mission should strictly adhere to it.23
The impression is that any conditionality framework can be
easily overwhelmed by impunity and corruption if not grounded
since the beginning on solid national commitment towards reform
and credible rule of law.
During the disarmament and reintegration of former rebel
elements in the FARDC forces, for example, no serious vetting
was carried out. Egregious perpetrators have been enlisted to
undertake operations aimed at the protection of civilians. Most of
the FARDC officers allegedly responsible for ordering or committing
severe human rights violations also continue to go unpunished.
Conditionality of support between the peace operation and
the host country cannot be the result of a unilateral negotiation
between the mission and the host State. Same concerns need to
Some of the Indian officers of the FPU leave the
be addressed by the TCCs — for example, by including specific aircraft upon arrival at the Toussaint L’ouverture
conditions in the Status of Forces Agreement (SOFA) and other airport for the deployment with MINUSTAH.
October 2008. UN Photo #132410 by Marco
relevant documents — and other international and regional actors
Dormino.
involved in the reconstruction and stabilization of the host country.
Ongoing efforts in the DRC towards setting accountability as a condition for support, even if in need of adjustment,
represent an important lesson for other support activities carried out by peace operations. Military peacekeepers —
both from the UN and other regional organizations — support national military forces in different contexts such as
Afghanistan and Iraq. In disarmament phases, UNMOs and DDR officers liaise with armed groups to facilitate their
access to a new life through financial and material support and other reintegration related opportunities. In Haiti,
Timor-Leste, Sudan, and Chad, UNPOLs and FPUs undertake joint patrols and mentor, advise, and provide national
police forces with logistic support. Correction advisory officers are often based in national penitentiaries and are in
constant interaction with jailors and prisons’ directors. Rule-of-law experts support judiciary personnel. Civil affairs
22) Thierry Vircoulon, “After MONUC, should MONUSCO continue to support Congolese military campaigns? On the African Peacebuilding Agenda”,
International Crisis Group, 19 July 2010.
23) Philip Alston.
273
officers, human rights officers, and UNDP officers may be located within key State ministries and departments such
as justice, education, agriculture, and natural resources providing technical advice and solid support.
Peace operations and their partners are often very close to contexts of potential human rights violations. Through
their presence and encouragement of more committed officials and authorities (the “reformers”), they can play a
preventive role and help fight abuse and corruption. The type of violations committed by counterparts are often
such that it is difficult to maintain a diplomatic posture and dismiss the violations as a natural occurrence within the
transition to stability. Any support aimed to strengthen the host State’s functions should include clear and agreed
conditions and limits.
Conditions for business and development in fragile States
The conditionality framework should not have as unique interlocutor a responsive (and responsible) host country.
Conditionality should also inform actions of international partners, such as business and development actors, and the
type of partnership held with the peace operation.
A main concern is that often international cooperation programmes and business entities do not necessarily
adhere to the international legal framework provided by human rights treaties; they have their own dynamics
primarily arising from the ambivalence regarding their legal status under international law.
The risk is that the peace operation and the development/business sector would operate in parallel. By intervening
outside any legal framework, business entities may in fact actively aid, facilitate, and perpetrate serious human
rights abuses, for example by supporting perpetrators of human rights violations or by funding non-sustainable
programmes.
Host States have the primary responsibility to regulate businesses and to ensure accountability for the actions
by private actors. In the mining and logging sector, for example, States provide concessions allowing exploitation of
natural resources by foreign companies. Security sector reform efforts are often focused on funds and support coming
by private companies. If not provided in a responsible manner, such support can result in severe consequences.
In order to supply a major part of

the fine quality cotton and polyester
blend fabrics now imported in Central
America, a $9.2 million textile mill,
Fabritex, was established in Managua,
Nicaragua by Nicaraguan, Colombian,
and Central American Common Market
organizations. At full capacity the mill
uses some 1800 tons of Nicaraguan
cotton a year and employs over 400
skilled and semi-skilled workers. This
project was completed with assistance
from the International Finance
Corporation (IFC), an affiliate of the
World Bank. May 1917. UN Photo
#132410 by Yutaka Nagata.
274
“Transitions are often launched by agreements between conflicting parties, either through a
formal peace process or power-sharing arrangements. These agreements will usually include
provisions with policy implications. This may entail commitments to demobilize former
combatants, establish specific governance structures, such as transitional administrations, or
allocate resources to particular regions or groups. Compliance with these agreements is critical
to national reconciliation, stability and a successful transition. In these countries, development
policy operations should also be prepared in close consultation with bilateral and multilateral
agencies which have responsibility for peace-building and peacekeeping. Development policy
operations should be consistent with the spirit and specific provisions of these agreements.
In some cases, the development policy operation may actively support their implementation;
within the framework of partnership agreements which recognize the limits of the Bank’s
mandate or expertise”.
–the World Bank and Operations Policy and Country Services (OPCS)
from “Good Practice Note for Development Policy Lending”, 2005
Support provided by the UN and UN partners to national development needs to be in line with international
human rights standards. Human rights make development more effective and more sustainable. In line with the
principles of the integrated missions, resident coordinators have specific responsibilities to ensure that UN agencies
involved in development operations include human rights concerns and practices in their strategies, including vis-á-
vis to donors and development agencies.
In post-conflict situations, States may not always have the financial resources to fund programmes for the
reconstruction of their economy and realize economic and social rights for their populations. They often must rely on
business and development actors. Imposing conditions on these actors while under strain may be difficult.
Transnational corporations have become key actors in supporting States and their populations through business.
By doing business in post-conflict countries, these international actors can influence the level of national participation
and ownership in the development effort and have a decisive impact on the national labour, environment, and human
rights situation.
Conditionality for business and development in such fragile environments is key and should entail transparent
collaboration with all stakeholders, including local communities, for sustainable impact and support for the realization
of all human rights.
According to UN Global Compact, a global platform which convenes companies together with UN agencies,
labour, and civil society, businesses should support and respect the protection of internationally proclaimed human
rights, and make sure that they are not complicit in human rights abuses.
The Organisation for Economic Co-operation and Development (OECD) developed guidelines for responsible
business conduct in the form of recommendations addressed by governments to multinational enterprises.24 The
recent appointment of a United Nations SRSG on business and human rights also provides an important opportunity
to advance the debate on corporate accountability.
24) For more information, please visit: <http://mneguidelines.oecd.org/guidelines/>.
275
Talking with Experts
Integrating Human Rights in Peace Processes: Experiences in Bosnia
The following interview with Massimo Moratti was carried out in Trieste, Italy in July 2009. Massimo Moratti
worked for more than nine years in Bosnia and Herzegovina (BiH) with the OSCE Human Rights Department
mostly on the return of IDPs and refugees, property restitution, and transitional justice. After his experience
with OSCE, he became an independent consultant. In addition to Bosnia and Herzegovina, he has worked in
Jordan, Georgia, Colombia, Perù, Rwanda, Montenegro, Kosovo, and Serbia.
Patrick Marega Castellan (PMC): Integrating human rights in peace processes is key to addressing
causes and solutions of conflicts and supporting peacekeeping goals. Priority is given to the promotion of
transitional justice frameworks which balance judicial and non-judicial elements (i.e. truth commissions, truth-
telling opportunities, vetting, prosecutions of alleged perpetrators, denial of amnesties for grave crimes),
address the plight of the most marginalized groups, and finally deliver forms of redress or reparation for
affected communities and individuals. If we consider such framework, can we say that the Dayton Agreement
was a success?
Massimo Moratti (MM): The jury is still out concerning the Dayton Peace Agreement. Thanks to its
powerful NATO backup, it was definitely a success in preventing the resumption of hostilities, much less in
building a viable State. In my view, one of the reasons for this rests in the fact that, although some transitional
justice elements were included in the process, others were not, or were not implemented. All in all, the
approach taken at Dayton was not to expressly deal with the past but to move forward. During the early years
of its implementation, only the ICTY was in fact dealing with the legacy of war crimes. In my view this is the
cause for numerous backlashes which are still hampering the development of a viable State. For example, one
of these backlashes is the fact that for a long time there was no discontinuity between the political wartime
leadership and the one which went into power after the conflict. For a long time, no vetting occurred to make
sure that persons responsible for atrocities were not elected to power. This poisoned the political atmosphere
for many years and wartime rhetoric is still an excellent topic for electoral campaigns. This is a factor of
instability, mainly political instability, which is however affecting the whole life of the country.
On the other side, it is not always sufficient that specific tools like, for example, provision on return of
IDPs and refugees, are explicitly foreseen in the peace agreement. There must be a political decision, made
by the supervisors of the peace process, to actively implement them. When these conditions are met, then it
is definitely possible to conclude that the work of human rights field officers is facilitated by the support they
enjoy at the high level and it is much easier to obtain compliance from the local authorities.
PMC: Many countries under international scrutiny often refuse collaboration with international tribunals,
failing, meanwhile, to deal with serious crimes at the national level. As a result, the culture of impunity
consolidates. With ICTY closing business at the end of the year, prosecution of thousands of war criminals will
be handed over to national courts. A lot of work has been already done at domestic level. Will it continue?
276
Talking with Experts (continued)
MM: The work on war crimes issues will continue. However, handing it over to the national courts should
not amount to “dumping” it on them. It is an important role of the international community to ensure that once
transfers occur, the local authorities have the capacity and the resources to continue the work and maintain
the standards. It is therefore necessary to reform the local judiciary and to ensure it is trained in very specific
topics like international criminal law. At the same time, laws need to be amended; procedures like witness
protection need to be introduced; advisers and/or international judges can be brought in to support the
process; facilities, like special courtrooms and detention units, might need to be reconstructed. In the long
run, it is necessary to make sure that the institutions created do retain their independence and don’t come
under criticism for cheap political purposes. It is also important that the domestic actors take the lead in this
process and don’t withdraw their commitment to a painful and long process. That’s why it is important for
the international community to remain engaged, financially and politically, in the process after the transfer.
Unfortunately, when dealing with the legacy of mass human rights violations, there is no quick fix that can be
adopted.
Bosnian Muslims passing through a United Nations checkpoint, Stari Vitez, Bosnia and Herzegovina. May 1994. UN Photo
277
Talking with Experts (continued)
PMC: Together with Rwanda, Srebrenica is considered one of the main failures of peacekeeping. A UN-
proclaimed civilian safe area, Srebrenica saw the systematic and organized mass executions of 8,000 Bosnian
men and boys. Fully investigating events related with the disappeared, bringing perpetrators to justice, and
compensating victims’ families are some of the remedial actions expected. Could you give a sense of the
daily activities of human rights officers dealing with victims of genocide? How does one answer to victims’
expectations for justice in a political environment concerned for the possible destabilizing effects of such
measures?
MM: It is not easy to deal with victims of war crimes, crimes against humanity, and genocide. In fact,
in order to adequately address the needs of victims, special skills and training are required; otherwise, there
is the risk of re-traumatizing them. Human rights personnel aren’t naturally immune from the risks of being
affected by the ordeals of the victims, so they also need special training on how to cope with the stress and
traumas of victims. Having said that, the most delicate work with victims, i.e. collecting statements from them
or providing psychological assistance, is often reserved for specialized personnel and doesn’t fall within the
usual tasks of human rights monitoring. Nevertheless, human rights officers need to be aware of these issues,
and that the person they are interviewing might be himself or herself a victim of violence.
PMC: You have worked for a long time in Bosnia and Herzegovina, where the “Bonn powers” of 1997
strengthened the Office of the High Representative, led by an EU representative and a USA deputy to the point
that BiH is sometimes referred to as a semi-protectorate. Is this “non-democratic method for the restoration
of democracy” system — I am here quoting one of your articles — something that could be adopted in other
peacekeeping contexts where justice continues being challenged by flagrant impunity trends and also national
and/or neighbouring political pressures?
MM: In fact, after Bosnia and Herzegovina, the model of international administration was adopted by the
UN in East Timor and Kosovo, two other post-conflict “State building” scenarios. In these two operations, the
powers of the international administration were even more pervasive than those in Bosnia and Herzegovina,
although they were exerted in a different manner. International administrations can be a solution where there
is a weak or absent central State and the international effort is addressed towards State building. They are a
tool that can be effective under certain specific circumstances. It is true that after the cases mentioned above,
the UN has not embarked on other international administrations, but the possibility that it will occur in the
future can’t be excluded. Notably, they do present a number of practical problems, which affect the day-to-
day life of the operation. Besides the fact that they are cumbersome and expensive to set up, they are also
deprived of democratic legitimacy and they lack accountability towards the citizens of the countries where
they operate. This lack of accountability is probably the biggest problem. Another problem, which international
officials face on a daily basis, is the lack of tools to implement their mandate, like laws, applicable standards,
and so on. This means that international officials are often called to improvise and devise specific procedures
to solve problems and this clearly affects the quality of the work and its long-term sustainability.
278
Section 10.3 Human Rights Obligations of UN Peace Operations and

Peacekeeping Personnel25
The legal framework for peace operations’ actions is provided by international law which includes international
human rights law, international humanitarian law, and international criminal law. Additionally, both the States
contributing peacekeepers and the States hosting peace operations are parties to specific international law treaties
binding them.
Peace operations, as a matter of policy, must observe the highest international human rights standards when
conducting peacekeeping operations.
Regarding direct human rights obligations of the UN operation and its staff there are arguments highlighting that,
unlike States, the UN as such is not a direct party to human rights treaties. There are also arguments supporting the
view that, although the UN is not party to international human rights treaties, it is bound by customary international
law. We cannot then forget that the Charter of the United Nations recognizes the protection and promotion of human
rights as one of the fundamental purposes of the organization. Additionally, Article 55(c) of the Charter expressly
creates an obligation upon the UN to promote universal respect for, and observance of, human rights.
MINUSTAH peacekeepers help a street merchant in the downtown area of Port-au-Prince, Haiti after a fire that ravaged
50 stores on 23 June 2004. Troops from the Brazilian contingent helped the Haitian National Police in maintaining public
order while firefighters were putting out the fire. June 2004. UN Photo #98167 by Daniel Morel.
25) On this topic, see also Peter Rowe, “Do Soldiers Really Have to Apply Human Rights Law in Military Operations?” The 4th Ruth Steinkraus-Cohen
International Law Lecture (16 May 2006), which includes a view on applicable standards during temporary detention by peacekeepers; Ian Leigh,
“Peacekeeping Forces and Human Rights Law”, a DCAF Conference Paper on the question of human rights obligations in situation of extra-territoriality,
such as the NATO bombing of a TV station in Serbia which killed 16 employees and injuring another 16. Applicants argued that “since NATO forces
were in effective control of the airspace they were responsible under Article 1 of the European Convention on Human Rights to people within their
‘jurisdiction’”, p. 3.
279
“Organizations are bound by human rights laws despite the

lack of signature on the major treaties. This signifies that the
obligation as regards human rights is not simply to promote
their protection within countries, but that the UN and its agents
are themselves subject to the same legal framework they are
promoting … As a recognized international legal person, the
UN is the beneficiary of rights but is also subject to duties on
the international plane, primarily the fundamental principles of
public international law including human rights law. In addition,
the framework of human rights treaties sponsored by the UN
and deriving from the Assembly’s UDHR in 1948 must form part
of the constitutional law of the UN and be binding on it in that
sense, as well as the members of the UN.”26
Ongoing peacekeeping reforms must be able to challenge traditional beliefs that consider peace operations as
built on moral and political grounds rather than on a legal responsibility to protect. “Recognizing that good intentions
are not enough and that Member States have existing human rights obligations to meet as part of the intervention
are fairly novel ideas … Statements that peacekeepers are bound by international humanitarian law and human
rights law were intended to restrain malfeasance by blue helmets, but this same logic should apply to the mission as
a whole, and not be limited to individual acts of violence by the blue helmets.”27
In situations where a UN-mandated peace operation is in whole or part the de facto authority, it inherits the
State’s international obligations. In addition, as the UN is expected to observe and respect international law, any de
facto UN authority must abide by all international human rights standards.
Demonstrators greeting the arrival of

Admiral Jonathan T. Howe, Special
Representative of the Secretary-
General for Somalia. Some of the
demonstrators accused the UN of
favouring one Somali faction over
the others. April 1993. UN Photo
#181111 by Milton Grant.
26) Nigel D. White and Marco Odello, “The Legal Base for Human Rights Field Operations”, in The Human Rights Field Operation: Law, Theory and Practice,
Michael O’Flaherty (ed.) (Burlington, VT: Ashgate Publishing Company, 2008), 65.
27) Todd Howland, “Peacekeeping and Conformity with Human Rights Law: How MINUSTAH Falls Short in Haiti”, in Peace Operations and Human Rights,
Ray Murphy and Katarina Mansson (eds.) (London: Routledge, 2008), 8.
280
“Peacekeeping has become a mechanism through which commitment to universal

rights is being given practical expression.”
–Jean-Marie Guehénno
from New Political Spaces and Sovereignty Implications, May 2001
International humanitarian law applicable to UN military peacekeepers
In 1999, the Secretary-General, for the purpose of setting out fundamental principles and rules of international
humanitarian law (IHL) applicable to United Nations forces conducting operations under UN command, issued a
bulletin on Observance by UN Forces of International Humanitarian Law.28
The issuance came after severe violations of IHL, including torture, by peacekeepers in Somalia and other
missions. In the specific case of Somalia, contributing States disputed the application of IHL to the mission.
Arguments were that “peacekeepers are not combatants and that despite heavy casualties, there was no armed
conflict: therefore the troops were not bound by IHL”.29
The bulletin does not cover all situations. The fundamental principles and rules of international humanitarian law
set out in the bulletin “are applicable to United Nations forces when in situations of armed conflict they are actively
engaged therein as combatants, to the extent and for the duration of their engagement. They are accordingly
applicable in enforcement actions or in peacekeeping operations when the use of force is permitted in self-defense”.
Status-of-Forces Agreements »
Status of Forces Agreements (SOFAs) are concluded between the UN and the host State.
They usually include privileges and immunities for UN operations and their personnel,
including immunity from the host States’ jurisdiction over cases related to acts carried out
by peacekeepers while on official duties. Peace operations and troop-contributing countries
make use of a standard “model SOFA.”
“Each UN SOFA should contain an express reference to the relevant international human
rights instruments.”
–Ray Murphy
from Peace Operations and Human Rights
Contribution Agreements »
Contribution Agreements (CAs) are concluded between the UN and the troop- contributing
countries which, to some extent, exempt the members of the peacekeeping force from the
criminal jurisdiction of the host State.
28) ST/SGB/1999/13.
29) Siobhán Wills, “Military Interventions on Behalf of Vulnerable Populations: The Legal Responsibilities of States and International Organizations
Engaged in Peace Support Operations”, Journal of Conflict and Security Law, vol. 9, no. 3, 2004, 401.
281
Accountability of peacekeeping personnel and available mechanisms30
“Since the rule of law is an essential element of lasting peace,

United Nations peacekeepers and peace builders having a
solemn responsibility to respect the law themselves, and
especially to respect the rights of the people whom it is their
mission to help. In the light of recent allegations of misconduct
by United Nations administrators and peacekeepers, the United
Nations system should reaffirm its commitment to respect,
adhere to and implement international law, fundamental human
rights and the basic standards of due process.”31
In recent years, serious accusations of crimes being committed by peacekeepers have shaken the UN
peacekeeping machine. Crimes have been committed by UN peacekeepers against civilians, in particular women and
girls:
“The first reports of incidents such as murder, torture, rape and

other sexual violence being committed against local populations
emerged out of the peacekeeping operations in Cambodia and
Somalia in the early 1990s. More recently, reports from human
rights agencies and the United Nations (UN) assert that such
abuses have continued in countries like Sierra Leone, Guinea,
Liberia, and most notably, in the Democratic Republic of the
Congo. The consequences of situations where peacekeepers
themselves violate basic principles of human rights go far beyond
the border of any individual country.”32
Such cases, and particularly cases of sexual exploitation and abuse, have jeopardized the credibility and
legitimacy of UN peace operations, raising the question of whether peacekeepers should be held accountable for their
actions.
“Much of the recent outrage over incidents of misconduct has

stemmed from the UN Mission in the Democratic Republic of
the Congo (MONUC), which is one of the largest and longest
UN peacekeeping missions to date. In May 2005, it was
reported that 152 peacekeeping personnel and five UN staff
members were dismissed from their employment with MONUC
after concrete evidence proved that they had committed a
variety of human rights violations. Between January 1, 2004
30) Peter Rowe, “United Nations Peacekeepers and Human Rights Violations: the Role of Military Discipline”, Harvard ILJ Online, vol. 51, 14 June 2010;
Ray Murphy, “An Assessment of UN Efforts to Address Sexual Misconduct by Peacekeeping Personnel”, in Peace Operations and Human Rights; Lauren
Hunter, “Should we Prosecute the Protectors? Holding Peacekeepers Accountable in Cases of Sexual Exploitation and Abuse”, Carleton Review of
International Affairs, vol. 1, 2009; Johannes Fuhrmann, “Legal Problems Concerning the Lack of Accountability of UN Peacekeeping Forces”, Raízes
Jurídicas, Curitiba, vol. 2, no. 2, 2006; Max du Plessis and Stephen Pete, “Who Guards the Guards? The International Criminal Court and Serious
Crimes Committed by Peacekeepers in Africa”, ISS Monographs Series, no. 121, 2006.
31) In Larger Freedom.
32) Lauren Hunter, “Should we Prosecute the Protectors? Holding Peacekeepers Accountable in Cases of Sexual Exploitation and Abuse”, Carleton Review
of International Affairs, vol. 1, 2009, 16.
282
and December 9, 2005, the UN Office of Internal Oversight

Services (OIOS) carried out a total of 278 investigations
into the behaviour of MONUC peacekeeping personnel. Of
these workers, sixteen civilians were dismissed from their
employment in addition to the sixteen members of police units
and the 122 military personnel that were repatriated to their
home countries.”33
Abuses by peacekeepers have not been limited to sexual violence and exploitation. Regarding the abuse of
prisoners in Iraq as well as cases of sexual exploitation by peacekeepers in DRC, international law professors, Nigel
D. White and Marco Odello, state:
“There is also the possibility of investigation and prosecution of

such offences in the future by the International Criminal Court,
although this is again unlikely. The role of the national courts
of the host State remains to be developed, though these courts
are stymied to a large extent by a combination of the provisions
of the status of forces agreement, which normally obliges the
host State to leave such matters to the sending State, and
the general privileges and immunities of the UN. However the
immunity of the UN’s agents from prosecution is only meant
to be a functional one and furthermore does not excuse the
responsibility and liability of the UN for human rights abuses.”34
Conduct: Different categories of UN personnel35
United Nations Staff
UN Staff are covered by the UN Staff Regulations. They must perform according to the “highest standards of
integrity” and “refrain from any action which might reflect on their position as international officials responsible only
to the Organization”. They have the obligation to uphold and respect the principles set out in the Charter, including
faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and
women. They have the obligation not to discriminate against any individual or group of individuals or otherwise abuse
the power and authority vested in them. They are required to comply with local laws and honour their private legal
obligations, including the obligation to honour orders of competent courts. Any form of discrimination or harassment,
including sexual or gender harassment, as well as physical or verbal abuse at the workplace or in connection with work,
is prohibited.
In line with the Convention on the Privileges and Immunities of the United Nations, UN officials are accorded the
same immunities and privileges ordinarily granted to diplomats, in respect of themselves, their spouses, and their
children. Functional immunity includes immunity from the legal process for words spoken or written, and all acts
performed in an “official capacity”. As such, criminal acts such as sexual exploitation and murder do not fall within
the ambit of functional immunity, since these are acts not performed in official capacity. The Secretary-General has
33) Ibid., 19.

34) Nigel D. White and Marco Odello, “The Legal Base for Human Rights Field Operations”, in The Human Rights Field Operation: Law, Theory and Practice,
66.
35) Standards of Conduct for United Nations Peacekeeping Personnel, Note by the Secretary-General, 18 December 2006, 19.
283
the authority to waive the immunity of United Nations officials where it would “impede the course of justice and can
be waived without prejudice to the interests of the United Nations”.
Experts on mission: Including United Nations Police and military observers
On appointment, United Nations police and military observers sign an undertaking in which they agree to comply
with all mission standard operating and administrative procedures, directives, and other issuances, including the
two documents entitled “Ten Rules: Code of Conduct for Blue Helmets” and “We Are United Nations Peacekeepers”.
This undertaking has been amended to include the standards of the 2003 UN Secretary-General Bulletin on Special
Measures for Protection from Sexual Exploitation and Sexual Abuse.36
United Nations police and military observers are not United Nations officials, as defined in the Charter and the
Staff Rules. The model SOFA which forms the basis for the negotiations between the United Nations and the host
country confers on these individuals the status of experts on mission under the Convention on the Privileges and
Immunities of the United Nations. A set of regulations governing the status, basic rights, and duties of experts on
mission and officials other than secretariat officials promulgated by the Secretary-General sets out standards of
conduct.
Experts are provided with the same immunities as those granted to UN officials and representatives. In particular,
under Section 22 of the Convention on Privileges and Immunities of UN, the experts on missions are provided with
immunity from personal arrest or detention. However, as per Section 23, “privileges and immunities are granted to
experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. The
Secretary-General shall have the right and the duty to waive the immunity of any expert in any case where, in his
opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of
the United Nations.”
Contractors and consultants
Contractors cannot take actions that may adversely affect the interests of the United Nations, and as such, they
are required to perform obligations under the contract with the fullest regard to the interests of the United Nations
and the peacekeeping mission.
United Nations volunteers
United Nations volunteers are not staff or officials, and their status under the Convention on the Privileges and
Immunities of the United Nations is subject to negotiated agreements with the host countries. Recent status-of-forces
agreements have granted them the status of officials. They serve under a separate set of rules, the United Nations
Volunteer Conditions of Service and Rules of Conduct, which has been revised to include a paragraph forbidding any
form of discrimination or harassment, including requests for sexual favours and gender harassment, and prohibiting
sexual exploitation and abuse.
Members of national contingents
Military members of national contingents are subject to the exclusive jurisdiction of their sending State for
the purposes of the exercise of disciplinary and/or criminal jurisdiction in relation to crimes that are committed in
peacekeeping operations. Notwithstanding, their codes of conduct may be prescribed by the United Nations (in the
exercise of operational authority and/or operational control) as well as by the rules and regulations of the sending
State.
36) The bulletin stipulates that any acts of sexual exploitation or sexual abuse committed by UN staff members or persons under contract with the UN
“constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissal”.
284
Painting of the evacuation of Mission Civile Internationale en Haïti (MICIVIH) by Jean Louis, 1994.
Practice shows that usually absolute immunity is granted to troops under status-of-forces agreements which are
negotiated between the UN and the receiving State. The SOFA complements the Convention on the Privileges and
Immunities of the United Nations and provides comprehensive guidance on the rights, responsibilities, privileges,
and immunities of peacekeeping personnel while on the mission.
Host States
The jurisdiction of host States with relation to prosecution of criminal acts committed by UN staff and experts
on mission is de facto circumscribed in many cases by the absence of institutional capacity in many post-conflict
States to prosecute UN staff and experts on missions whose immunities have been waived. However, this issue has
been a subject of intense discussion within the UN. In 2006, the Secretary-General presented the work of a group
of legal experts on recommendations to ensure that United Nations staff and experts on mission would never be
effectively exempt from the consequences of criminal acts committed at their duty station, nor unjustly penalized, in
accordance with due process.
“The Group recommends that priority be given by the United

Nations to facilitating the exercise of jurisdiction by the host
State. The United Nations should not readily assume that the
host State is unable to exercise jurisdiction merely because a
peacekeeping operation is carried out in a post-conflict area. If
the host State is unable, even with United Nations assistance,
to exercise all aspects of criminal jurisdiction, there will be
a need to rely on other States to do so. However, even in
these circumstances, the host State may be able to provide
some assistance to enable the exercise of criminal jurisdiction
by another State, including by gathering evidence or arresting
285
alleged offenders. Jurisdiction is not an indivisible concept and

the host State and other States may be involved in different but
mutually supportive aspects of the overall exercise of criminal
jurisdiction.”37
In order to further continue working on the report of the group of legal experts, the General Assembly, in its
resolution 61/29 of 4 December 2006, decided to establish an ad hoc committee open to all Member States of the
United Nations or members of the specialized agencies or of the International Atomic Energy Agency. In addition,
at its 61st session, the General Assembly decided that the agenda item entitled “Comprehensive review of the
whole question of peacekeeping operation in all their aspects”, which had been allocated to the Special Political and
Decolonization Committee (Fourth Committee), should also be referred to the Sixth Committee (Legal) for discussion
of the report of the Group of Legal Experts on ensuring the accountability of United Nations staff and experts on
mission with respect to criminal acts committed in peacekeeping operations. Presently, a working group under the
Sixth Committee is seized of the matter and has been actively working on drafting proposals for a comprehensive
review of the issue of host State’s jurisdiction.
The de jure jurisdiction of the host State to prosecute UN staff and experts on missions is also subject to certain
preconditions. The Directives for Disciplinary Matters Involving Civilian Police Officers and Military Observers prescribe
the procedures for a board of inquiry for disciplinary cases. If the misconduct committed by a civilian police officer or
military observer also amounts to an alleged criminal offence, apart from being a mere breach of disciplinary rules,
the Secretary-General has the right and the duty to waive the immunity, if applicable, of the individual(s) concerned,
if in his/her opinion the immunity would impede the course of justice. In other words, if the act complained of has
not been performed in an official capacity (for instance, rape or armed robbery), the Secretary-General is required
to make an assessment to that effect and waive the immunity or certify absence of immunity, before the host State
can arrest or prosecute any UN staff or expert on mission.
In addition, with respect to every specific case, the United Nations and the host country are required to agree
on whether or not criminal proceedings should be instituted in the host country. “Where there is a dysfunctional
legal system in the host State, it may not be in the interests of the United Nations to agree (under the status-of-
forces agreement) to the host State instituting criminal proceedings or to waive immunity or certify the absence of
immunity where the host State requests the United Nations to do so.”38 This, however, does not mean that in absence
of a prosecution in the host State, the offender is entitled to impunity. Ending all sorts of impunity for criminal acts
committed by UN peacekeeping personnel is very high on the agenda of the UN. The Working Group under the Sixth
Committee is in the process of proposing legal reforms to address these concerns.
As far as the victims are concerned, the Head of Mission is under a duty to take appropriate measures to assist
victims of acts of serious misconduct, including directing them to relevant organizations/support groups that could
provide assistance.
Troop-contributing countries
Holding military peacekeepers accountable so far has meant relying exclusively upon the TCCs to exercise their
duty of criminally prosecuting their own offending troops. It is important to distinguish between UN staff and experts
37) A/60/980, 16 August 2006. See also: A/RES/62/63, 8 January 2008. The Resolution on Criminal accountability of United Nations officials and
experts on mission “urges States to take all appropriate measures to ensure that crimes by United Nations officials and experts on mission do not go
unpunished and that the perpetrators of such crimes are brought to justice, without prejudice to the privileges and immunities of such persons and
the United Nations under international law, and in accordance with international human rights standards, including due process”.
38) A/60/980, para. 20.
286
A two-person team, comprised of an UNPOL officer (left) and an officer from the Vulnerable Persons Unit of the Polícia Nacional de
Timor-Leste, makes house calls where there are reports of abuse against women and children. December 2009. UN Photo #424432 by
Martine Perret.
on missions on the one hand, and the members of national military contingents on the other. While it is possible to
prosecute the former category of personnel in the host country if the immunity is waived by the Secretary-General
and an agreement for prosecution has been entered into between the host State and the Secretary-General, in the
latter category, jurisdiction to prosecute has till now been restricted by SOFAs to the sending States only.
“Rape, sexual assault, or other assaults against detainees are

breaches of discipline punishable as if they were committed in
the contingent’s own State. The jurisdiction that adjudicates
alleged violations will depend on the law of the sending State
and any status of forces agreement concerned. The choice for
the venue of any disciplinary proceedings prescribed by the law
of the sending State will range from proceedings in its territory
or by its armed forces on the territory of the receiving State to
civilian trials in the courts of the latter State.”39
Apart from disciplinary proceedings, many acts complained of may also amount to serious crimes and may thus
fall within the jurisdiction of criminal courts or military courts of the sending States. In these cases, the criminal
laws applicable in the sending States apply and, therefore, they are under a duty to prosecute any member of their
military contingent who has been accused of committing criminal acts.
39) Peter Rowe, “United Nations Peacekeepers and Human Rights Violations: the Role of Military Discipline”, Harvard ILJ Online, vol. 51, 14 June 2010, 76.
287
If peacekeepers are repatriated for prosecution, a major concern is how DPO can force prosecutors of
peacekeepers’ home country to actually take on the case:
“The practical difficulties of mounting a trial that is perhaps

thousands of miles from the scene of the alleged crime are
significant. The risk is that the soldier’s home State will not
take any prosecution forward. Once this approach becomes
known, a feeling of impunity can seep into the consciousness of
the peacekeeping soldiers concerned to the serious detriment of
the local population.”40
Another concern is that charges can be inadequate and not reflective of the gravity of the violation. In some
cases, the way specific crimes, for example rapes, are regulated nationally may not be compliant with international
standards. According to Rowe,
“the most effective way of preventing human rights violations

and other serious abuses is through the military disciplinary
code of the individual participating nations. Indeed, even if the
State supplying the peacekeeping contingent cannot be held
responsible for alleged breaches of human rights to victims
in the foreign territory, the military discipline code can and
should still be invoked against individual soldiers by their own
States. Reliance upon the military discipline code as a means
of preventing what may also be described as human rights
breaches can only be realistic where that code is enforced. It is
much more likely to be enforced where the contingent is part
of highly disciplined armed forces and retains that discipline
throughout its time serving in a UN peacekeeping mission. It is
also much more likely to be enforced if the State concerned is
permitted, by way of a status of forces agreement, to conduct
disciplinary procedures, including courts-martial, on the
territory of the receiving State.”41
The International Criminal Court
The Rome Statute, establishing the ICC, provides for the court’s jurisdiction over peacekeeping forces in respect
of grave breaches of the Geneva Conventions or other international crimes. However, the role of the ICC in indicting
peacekeepers for crimes against humanity or war crimes remains limited and, someway, unrealistic.
Limits to prosecutions of peacekeepers by the ICC are partly due to the fact that crimes are specifically defined
by the Rome Statute. It is difficult to argue, for example, that breaches by peacekeepers, usually isolated episodes,
are “committed as part of a plan or policy or as part of a large-scale commission of such crimes”.
40) Ibid.
41) Rowe, 78–9.
288
The Diplomatic Conference of Plenipotentiaries

on the Establishment of an International Criminal
Court met at Rome from 15 June to 17 July 1998.
Secretary-General Kofi Annan speaks at ceremony
for the opening for signature of the Treaty on the
Establishment of an International criminal Court
at City Hall (“Il Campidoglio”) of Rome, Italy. July
1998. UN Photo #31531
Another limit is the “last resource” role of the ICC. “If a case is being considered by a country with jurisdiction
over it, then the ICC cannot act unless the country is unwilling or unable genuinely to investigate or prosecute. A
country may be determined to be ‘unwilling’ if it is clearly shielding someone from responsibility for ICC crimes. A
country may be ’unable’ when its legal system has collapsed.”42
However, on the positive side, the “complementarity” principle places a burden on States to prosecute such crimes
committed by their nationals or on their territory. The biggest limit to the action of the ICC and the direct involvement
of the ICC is placed by existing SOFAs and CAs.43
What is encouraging about the complementarity principle is that it puts a burden on the national State to actually
take action, to investigate, and to prosecute. In support of such obligation, it is also relevant to mention the Zeid
Report, which recommends to the Secretary-General, as also seen in the model SOFA, to obtain formal assurances
from a TCC that it will exercise jurisdiction with respect to crimes committed in the mission area.44
Discussions on peacekeepers’ accountability, and on their prosecution, often exclude the rights of victims. The fact
that TCCs own the jurisdiction for trying their nationals should not omit the overall peace operation’s responsibilities
towards victims for the violations committed by its personnel. Awareness programmes should be put in place by
the mission, including by military peacekeepers, to keep informed the host country’s population on mechanisms
available for complaint and redress. Victims should be able to bring their claims directly to the mission and receive
the necessary support through local claims review boards. The United Nations should keep victims informed on the
outcome of both preliminary investigation initiated by the peace operations and on follow-up at the judicial level.
According to the Directives for Disciplinary Matters Involving Military Members of National Contingents Heads of
Mission, the United Nations must follow up on action taken by the contributing State against that individual.45
42) See Rome Statute (n 7), Art. 15(3).

43) Max du Plessis and Stephen Pete, “Who Guards the Guards? The International Criminal Court and Serious Crimes Committed by Peacekeepers in
Africa”, ISS Monographs Series, no. 121, 2006. See also J. Fuhrmann, “Legal Problems Concerning the Lack of Accountability of UN Peacekeeping
Forces, I Raizes Juridicas, vol. 2, no. 2, 2006, 33. “The issue of immunity for peacekeepers therefore arose in June 2002, when the United States
threatened the Security Council to make use of their veto right to the extension of current peacekeeping operations unless U.S. personnel were
granted a blanket immunity from prosecution by the International Criminal Court. The Security Council passed a resolution prohibiting the Court from
prosecuting current or former UN Peacekeeping personnel from countries not a party to the Rome Statute for a renewable 12 months period. After
one renewal, this immunity does actually not exist anymore. But, for example, the U.S. still takes care by signing bilateral agreements with different
States that their soldiers so far will not fall within the jurisdiction of the ICC.”
44) J. Fuhrmann, 41. Following the “sex scandal” in the Democratic Republic of Congo, where MONUC personnel have been allegedly involved in rapes
and forced prostitution of women and young girls, the Secretary-General asked Prince Zeid Ra’ad Zeid Al-Hussein to examine the situation and
make recommendations to effectively deal with the problem of sexual exploitation and abuse perpetrated by UN Peacekeeping personnel. See the
Zeid Report, A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations Peacekeeping operations. Available from:
<https://conduct.unmissions.org/>.
45) Rowe, footnote 34.
289
Potential witnesses and victims should be provided with the necessary protection and support necessary to take
part in the TCC’s trial.
Reparation by the peace operation should also be sought. For example, the UN elaborated a comprehensive
programme to prevent and respond to sexual exploitation and abuse by peacekeepers, which includes forms of
support and redress for victims.
Considering the overall resistance to military peacekeepers’ accountability and the indispensability of maintaining
cordial and cooperative relations with Member States sending troops, much more should be done to strengthen
coherence towards peacekeeping goals, which includes prevention of abuses.
This should include solid pre-deployment training on human rights, constant support of and pressure on relevant
military commanders, appropriate diplomatic leverage on countries providing troops, press coverage on military
peacekeepers’ activities, support by the Secretary-General to participating States for internal reforms enabling
investigation procedures and court martials to be held in the peacekeeping area, and facilitation of discussion among
TCCs (for example in the context of the UN Special Committee on Peacekeeping Operations’ meetings) on how to
improve the disciplinary procedures within their national contingents.46
Section 10.4 Some Key Principles of Conduct for Human Rights

Work in Peace Operations47
Respect for different cultures and customs
Interaction with and the empowerment of local population require bringing respect for diversity, a key UN value,
in the host country. Both rights-holders and duty-bearers need to be respected and valued. The cultural, legal,
social, and linguistic traditions of the country need to be understood and appreciated in their context. This does not
mean that those laws and practices can be accepted and applied if they are contrary to international human rights
standards. Also, human rights standards and principles enable peacekeepers with different nationalities and cultures
to hold the same “operational ethics”.
Integrity and professionalism
Integrity and professionalism are important qualities for effective human rights work. This also includes avoiding
the abuse power and authority.
Partnership
Working in partnerships, which is key for current integrated efforts of peace operations, may require sharing
conduct approaches with partners guided by different principles, such as humanitarian actors.
This enables different actors to appreciate the complementarity of international human rights law and
international humanitarian law which constitute the legal framework of reference for field work. It also allows human
rights and humanitarian actors to converge on key concepts such as the importance of the neutrality principle for
humanitarian work. Such principles, rather than promoting a passive posture towards ongoing violations, should be
understood as an opportunity for humanitarian actors to gain independence and access in dealing with parties to the
conflict and reaching the population in need.
46) Peter Rowe, United Nations Peacekeepers and Human Rights Violations: the Role of Military Discipline.
47) See: OHCHR, “Norms Applicable to Human Rights Officers and Other Staff”, in Training Manual on Human Rights Monitoring; George Ulrich, “Towards
an Ethical Base for the Work of Human Rights Field Operations”, in The Human Rights Field Operation, Law, Theory and Practice, 2007, 69–85; George
Ulrich, “The Statement of Ethical Commitments of Human Rights Professionals: A Commentary, in The Professional Identity of the Human Rights Field
Officer, 2010, 49–82.
290
Humanitarian donors, corporations and the business sector, national peacekeeping contingents, local armed
and police forces, doctors and teachers, and other international and national partners all have their own codes of
conduct and ethical standards. For human rights officers, it is important to become familiar with those documents
and identify common standards to enhance operational partnership.
Observing “do no harm” and other monitoring principles
When carrying out protection activities and other human rights functions, UN officials interact with victims,
witnesses, women, children, and traumatized people. Proper methods of work prevent unintended negative
consequences for groups and individuals mandated to be assisted. The physical and mental well-being of the
population under UN protection, the protection of victims, and credible intentions must be a main concern of all
human rights actions.
Accountability
All personnel of peace operations need to promote standards of conduct with their own colleagues and partners.
Military, police, and civilian personnel are all responsible for reporting allegations of misconduct by fellow staff and
to fully cooperate with investigations.
Human rights work does not call only for legal accountability but also for professional accountability. Staff need
to be clear about their mandated obligations and objectives, and look for results.
Human rights work is aimed at protecting human rights and preventing violations while building solid national
capacity by strengthening knowledge, skills, and attitudes. The long-term goal is to ensure that the host State is able
to protect and promote human rights on its own according to the highest standards. Civil society, particularly NGOs,
must be empowered enough to be able to play a significant role in the society, represent vibrantly the interests of
marginalized groups, be able to access the political and public spheres, and know how to effectively claim their rights.
The behaviour of mission staff has direct consequences for the protection of civilians: individual security lapses
can put both the field officer and other at risk; failure to maintain requisite confidentiality can put witnesses and
sources under direct threat of reprisal; inappropriate or insulting cultural behaviour can be serious enough to create
risks for the field officer of their local associates. Other behaviours may not directly create protection risks, but
they can undermine a mission’s credibility with local actors. Paternalistic or disrespectful behaviour towards local
people must be avoided. Most institutions have codes of conduct to help regulate behaviours, but they often lack
rigorous screening processes to prevent predictable problems, or don’t enact enforcement procedures in cases of
non-compliance.48
Lesson Summary
Human rights and peace
Durable peace is only possible if human rights are respected. Human rights components balance judicial and
non-judicial elements and support States in providing their people with truth and justice on which to reconstruct a
stable and long-lasting peaceful society.
Amnesties
UN policy considers unacceptable amnesties which grant impunity for grave crimes such as crimes against
humanity, genocide, and war crimes.
48) Liam Mahony, “Do No Harm”, in Proactive Presence: Field Strategies for Civilian Protection (Geneva: Centre for Humanitarian Dialogue, 2006), 107.
291
Peace agreements
In many other cases, the main purpose of a peacekeeping mandate is to support the implementation of a
ceasefire or peace agreement already in existence. The mandate will take into consideration the nature and content
of those agreements. A peace agreement has the fundamental purpose to put a stop to strife and violations, which
represents a human rights objective on its own. Peace agreements provide opportunities to establish a broad human
rights framework.
Truth
Truth and justice are complementary to each other. People have the right to know and to receive justice for what
happened. When they are in line with international standards, truth and reconciliation commissions are independent,
impartial, and competent bodies, free of government interference. Truth commissions should not be a substitute
for individual prosecution. The search for truth can be combined with an account of past abuses and accountability
mechanisms and actions that will respond to the contingencies in the country.
Impunity
Impunity arises from a failure by States to meet their obligations of investigating violations; taking appropriate
measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of
criminal responsibility are prosecuted, tried, and punished; providing victims with effective remedies and to ensure
that they receive reparation for the injuries suffered; ensuring the inalienable right to know the truth about violations;
and taking other necessary steps to prevent a recurrence of violations.
Accountability
Accountability is essential for human rights-related functions to be effective. To be sustainable, capacity-building,
mentorship and advice, and training and action-oriented monitoring require interaction with credible and accountable
actors. Truth-seeking; vetting of law enforcement agencies and armed forces; retraining of judges, prosecutors,
and lawyers; redress and reparation programmes; and prosecution of State and non-State actors responsible for
unacceptable violations are all processes complementary but also conditional to the mission’s support on the ground.
Status-of-forces agreements
Status-of-forces agreements (SOFAs) are reached between the UN and the host State. They usually include
privileges and immunities for UN operations and their personnel, including immunity from the host State jurisdiction
over cases related to acts carried out by peacekeepers while on official duties.
Immunity of UN personnel
Immunity of UN personnel can be waived by the Secretary-General, if in his/her opinion the immunity would
impede the course of justice. It is a functional immunity that covers staff for all acts performed in an “official
capacity.”
Options for criminal accountability
• Host States: should cooperate with the peace operation and vice versa on criminal matters involving UN
personnel; should enforce criminal jurisdiction in regard to UN staff and experts on mission for criminal
offences committed by them, if immunity has been waived by the Secretary-General and agreement for
prosecution by the host State has been entered into between the host State and the Secretary-General.
292
• TCCs/sending States: have jurisdiction over military personnel of national contingents (as per the SOFA).
They must provide the Secretary-General with information on action taken against national peacekeepers.
There are concerns for impunity trends due to the State not taking action or pressing charges commensurate
to gravity of the violations.
• International Criminal Court: has jurisdiction over international crimes but is limited in practice. The
ICC’s main limits are:
-- Complementarity principle;
-- Definition of crimes; and
-- Immunity provided by SOFAs.
-- Human rights standards of conduct:
• Respect for different cultures and customs;
• Integrity and professionalism;
• Sharing different approaches with partners;
• Neutrality intended as independence and access;
• Do no harm;
• Security;
• Confidentiality;
• Transparency;
• Common sense;
• Sound judgement; and
• Accountability.
293
1. Define impunity. 5. Truth commissions _____.

A. are official, temporary, non-judicial fact-
2. Amnesties should never be granted for
finding bodies that investigate a pattern of
which of the following crimes?
abuses of human rights or humanitarian law
A. War crimes committed over a number of years
B. Crimes against humanity B. are quasi-judicial bodies composed of
C. Genocide international judges, human rights officers,
D. All of the above and independent commissioners
C. are temporary bodies, usually operating over
3. Which of the following items is a
a period of time and completing their work
practical reason to hold individuals
accountable for past crimes? by submitting a report
D. are responsible for criminally prosecuting
A. Institutional reforms to establish the rule of
offending troops
law will be ineffective if impunity is tolerated
B. Society needs to come to terms with its 6. All of the following items are true about
past and accountability provides a deterrent status-of-forces agreements EXCEPT
against future abuse _____.
C. Individual victims cannot forgive and A. they grant de jure jurisdiction to the host
communities cannot reconcile in the absence State to prosecute UN staff and experts on
of accountability mission
D. All of the above B. they are concluded between the UN and host
States
4. The role of the ICC in indicting
C. they include privileges and immunities for
peacekeepers for war crimes is limited
because _____. personnel of peace operations
D. they grant jurisdiction to prosecute members
A. crimes committed by peacekeepers are
of national military contingents exclusively to
usually not severe ones
the sending State
B. the principle of complementarity places the
burden on the national State to take action, 7. Functional immunity includes _____.
to investigate, and to prosecute
A. immunity for sexual exploitation and murder
C. peacekeepers are granted immunity for such
B. immunity for all words spoken or written and
crimes
all acts performed in an “official capacity”
D. the UN in collaboration with the host State
C. immunity from detention or arrest
establishes ad hoc tribunals whose duty is to
D. immunity from further punishment after
indict offending peacekeepers
repatriation
8. Witnesses of sexual abuses committed

by peacekeepers have the right to
_____.
A. claim justice from the peace operation
B. report the allegation to the peace operation
C. be protected from reprisals
D. All of the above
294
9. The functional immunity of UN personnel 10. The long-term goal of human rights work
can be waived by the Secretary-General is _____.
if _____.
A. to aid victims of human rights abuses
A. the offender has had a long criminal record B. to prosecute those who have committed
in his/her home country human rights violations
B. the immunity would impede the course of C. to ensure that the host State is able to
justice protect and promote human rights on its
C. the victims affected by the crime own according to the highest standards
unanimously vote to prosecute the offender D. to make certain that the truth is exposed
D. the offender has joined the military less than
six months prior to the date of the crime
Answer Key »
1. The impossibility, de jure or de facto, of bringing the
perpetrators of violations to account — whether in criminal, civil,
administrative or disciplinary proceedings — since they are not
subject to any inquiry that might lead to their being accused,
arrested, tried and, if found guilty, sentenced to appropriate
penalties, and to making reparations to their victims
2. D
3. D
4. B
5. A
6. A
7. B
8. D
9. B
10. C
295
Appendix A: List of Acronyms
Acronym Meaning
ACHPR African Charter on Human and Peoples’ Rights
ACHR American Convention on Human Rights
AI Amnesty International
AIHRC Afghanistan Independent Human Rights Commission
AMIS African Union Mission in Sudan
BINUCA United Nations Integrated Peacebuilding Office in the Central African Republic
CA Contribution Agreement
CAAC Children Affected by Armed Conflicts
CAO Civil Affairs Officer/Chief Administration Officer/Correction Advisory Officer
CAP Consolidated Appeal Process
CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
CCPR Committee on Civil and Political Rights
CDU Conduct and Discipline Unit
CEDAW Convention on the Elimination of All Forms of Discrimination Against Women
CESCR Committee on Economic, Social and Cultural Rights
CHAP Consolidated Humanitarian Appeal Process
CIMIC Civil-Military Cooperation
CIVPOL Civilian Police
CLJAS Criminal Law and Judicial Advisory Section
CFC Ceasefire Commission
CoC Code of Conduct
COI Commission of Inquiry
CONOPS Concept of Operations

296
CPTM Core Pre-deployment Training Module
CRC Convention on the Rights of the Child
CRPD Convention on the Rights of Persons with Disabilities
CSO Civil Society Organization
CSW Commission on the Status of Women
CTC Counter-Terrorism Committee
DDR Disarmament, Demilitarization, and Reintegration
DFS Department of Field Support
DIS Détachement Integré de Sécurité (the Chadian police and gendarmery)
DOS Department of Operational Support
DPA Department of Political Affairs
DPKO Department of Peacekeeping Operations
DPO Department of Peace Operations
DPO Disabled Persons Organization
DPPA Department of Political and Peacebuilding Affairs
DSRSG Deputy Special Representative of the Secretary-General
DUF Directive for the Use of Force
ECHR European Convention for the Protection of Human Rights and Fundamental Freedoms
ECOSOC Economic and Social Council
EO Electoral Officer
ERC Emergency Relief Coordinator
ESCRs Economic, Social, and Cultural Rights
EUFOR European Union Military Force
FAO Food and Agriculture Organization of the United Nations
297
FC Force Commander
FGM Female Genital Mutilation
FOTCD Field Operations and Technical Cooperation Division
FPU Formed Police Unit
GPC Global Protection Cluster
HC Humanitarian Coordinator
HCSO Humanitarian Coordinator’s Support Office
HRA Human Rights Adviser
HRBA Human Rights-Based Approach
HRC Human Rights Component or Human Rights Council
HRO Human Rights Officer
HRPS Human Rights and Protection Section
HRRLS Human Rights and Rule of Law Section
HRS Human Rights Section
IASC Inter-Agency Standing Committee
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of All forms of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
ICRC International Committee of the Red Cross
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the Former Yugoslavia
IDP Internally Displaced Person
IHL International Humanitarian Law
298
IHRL Internal Human Rights Law
ILO International Labour Organization
IMPP Integrated Mission Planning Process
IMPPU Integrated Mission Planning Process Unit
IMTC Integrated Mission Training Centre
IMTF Integrated Mission Task Force
INGO International Non-governmental Organization
IOM International Organization for Migration
IOTs Integrated Operational Teams
IPs Indigenous Peoples
IPO Indigenous Peoples Organization
ISF Integrated Strategic Framework
JAM Joint Assessment Mission
JMAC Joint Mission Analysis Cell/Centre
JPT Joint Protection Team
KAIPTC Kofi Annan International Peacekeeping Training Centre
LRA Lord’s Resistance Army
MICIVIH International Civilian Mission in Haiti
MILOB Military Observer
MOSS Minimum Operating Security Standards
MOU Memorandum of Understanding
MSF Médecins Sans Frontières (Doctors without Borders)
NGO Non-governmental Organization
NHRI National Human Rights Institution
299
NSA Non-State Actor
OAS Organization of American States
OCHA Office for the Coordination of Humanitarian Affairs
OECD Organisation for Economic Co-operation and Development
OSCE Organization for Security and Co-operation in Europe
OHCHR Office of the High Commissioner for Human Rights
OMA Office of Military Affairs
OPCAT Optional Protocol to the UN Convention against Torture
OROLSI Office for the Rule of Law and Security Institutions
QIPs Quick Impact Projects
P5 Permanent 5 (referring to the 5 Permanent Members of the Security Council)
PCC Police-contributing Country
PCNA Post-conflict Needs Assessments
PIM Post-induction Module
POC Protection of Civilians
PRSP Poverty Reduction Strategy Papers
R2P Responsibility to Protect
RC Resident Coordinator
ROE Rules of Engagement
ROL Rule of Law
SEA Sexual Exploitation and Abuse
SGBV Sexual and Gender-based Violence
SGTM Standard Generic Training Module
SML Senior Mission Leader
300
SMT Senior Management Team
SOFA Status-of-Forces Agreement
SOMA Status-of-Mission Agreement
SOPs Standard Operating Procedures
SPT Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment
SSR Security Sector Reform
TAM Technical Assessment Mission
TCC Troop-contributing country
TF Task Force
TORs Terms of Reference
TOT Training of Trainers
TRC Truth and Reconciliation Commission
UDHR Universal Declaration of Human Rights
UN Women United Nations Entity for Gender Equality and the Empowerment of Women
UN-HABITAT United Nations Human Settlements Programme
UNAMI United Nations Assistance Mission for Iraq
UNCT United Nations Country Team
UNDAF United Nations Development Assistance Framework
UNDG-HRM United Nations Development Group — Human Rights Mainstreaming
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNFPA United Nations Population Fund
UNHCR United Nations High Commissioner for Refugees
UNICEF United Nations Children’s Fund

301
UNIPSIL United Nations Integrated Peacebuilding Office in Sierra Leone
UNLB United Nations Logistic Base
UNMO United Nations Military Observer
UNODC United Nations Office on Drugs and Crime
UNOGBIS United Nations Peacebuilding Office in Guinea-Bissau
UNOWA United Nations Office for West Africa
UNPOL United Nations Police
UNPOS United Nations Political Office in Somalia
UNV United Nations Volunteer
UPR Universal Periodic Review
WB World Bank
WFP World Food Programme
WG Working Group
WHO World Health Organization
302
Appendix B: Current Peacekeeping Missions
UNITED NATIONS PEACEKEEPING OPERATIONS

MINUSMA MINURSO UNAMID UNMIK UNFICYP UNIFIL UNMOGIP
Mali Western Sahara Darfur Kosovo Cyprus Lebanon India and Pakistan
MINUJUSTH MINUSCA MONUSCO UNMISS UNISFA UNTSO UNDOF

Haiti Central African Republic Dem. Rep. of the Congo South Sudan Abyei Middle East Syria
Map No. 4259 Rev. 25 (E) UNITED NATIONS Department of Field Support
April 2018 Geospatial Information Section (formerly Cartographic Section)
UN Peacekeeping Map from the UN Cartographic Section, April 2018: <www.un.org/Depts/Cartographic/map/dpko/P_K_O.pdf>.
MINURSO United Nations Mission for the Referendum in Western Sahara established: 1991
MINUSCA United Nations Multidimensional Integrated Stabilization Mission in the established: 2014
»» Looking for statistics
Central African Republic or other data about
MINUSMA United Nations Multidimensional Integrated Stabilization Mission in Mali established: 2013
MINUJUSTHpeacekeeping around
United Nations Mission the
for Justice world
Support today? Visit
in Haiti established: 2017
MONUSCO
theUnited
UN Nations Organization Stabilization Mission in the Dem. Republic of the Congo
Peacekeeping resource page for the established: 2010
UNAMID African Union-United Nations Hybrid Operation in Darfur established: 2007
UNDOF most up-to-date
United information
Nations Disengagement about current
Observer Force established: 1974
UNFICYP United Nations Peacekeeping Force in Cyprus established: 1964
peacekeeping operations and other UN
UNIFIL United Nations Interim Force in Lebanon established: 1978
UNISFA missions:
United Nations Interim Security Force for Abyei established: 2011
UNMIK United Nations Interim Administration Mission in Kosovo established: 1999
UNMISS
<https://peacekeeping.un.org/en/resources>.
United Nations Mission in South Sudan established: 2011
UNMOGIP United Nations Military Observer Group in India and Pakistan established: 1949
UNTSO United Nations Truce Supervision Orginization established: 1984
303
About the Author: Patrick Marega Castellan
Patrick Marega Castellan is a Human Rights Consultant based in Papua New Guinea. He holds an advanced degree
in International and Diplomatic Sciences and a European Master’s Degree in Human Rights and Democratisation.
Since 1999, he has been providing advisory services at the national and international level, with the UN and other
organizations, both at headquarters and in the field.
He served as Human Rights Specialist with the OAS/UN International Civilian Mission in Haiti (MICIVIH); Human
Rights Adviser with the United Nations General Assembly International Civilian Support Mission in Haiti (MICAH); Election
Officer with the Organization for Security and Co-operation in Europe (OSCE) Mission in Kosovo; Protection Officer with
the UNHCR in Angola; International Human Rights Trainer with the UN Inter-Agency project for the Capacity-building of
the African Union Forces in Darfur; and Regional Coordinator with the Human Rights Component of the United Nations
Mission in Liberia (UNMIL). He also took part in several short-term election observation missions with the OSCE Office
for Democratic Institutions and Human Rights (Bosnia, Kosovo, Czech Republic, Albania) and with the European Union
(Nigeria).
From 2006 to 2009, he worked in Geneva with the Office of the United Nations High Commissioner for Human
Rights (OHCHR) Methodology, Education and Training Section providing advice to OHCHR staff, peace operations, UN
and non-UN partners in the areas of human rights and peace operations, and training and methodology support.
In coordination with DPKO, he developed training material for peacekeeping personnel, contributed to UN task
forces training development workshops, assisted peacekeeping training centres, and carried out training assessments
and evaluations. He also developed training programmes for national armed and police forces, NGOs, national human
rights institutions (NHRIs), and indigenous peoples and minorities fellows. For OHCHR and DPKO/DPA human rights
officers, he designed introductory and training-of-trainers (ToT) courses and specialized training modules, including on
human rights and disabilities, and monitoring and fact-finding techniques.
He participated in several training events in the contexts of peace operations, UN agencies, peacekeeping
training centres and academic institutions. He delivered presentations among others at the Kofi Annan International
Peacekeeping Training Centre (KAIPTC), the International Training Programme on Peacebuilding and Good Governance
(ITPPGG) of the University of Ghana; the Vocational Training Centre (IRSIP) of Trieste; the University In Scienze
Internazionali e Diplomatiche of Gorizia; the Scuola Sant’Anna of Pisa; the United Nations Training School of Ireland
(UNTSI); the Sanremo Institute of International Humanitarian Law (IIHL); the Swedish Armed Forces International
Centre (SWEDINT); the DIS/MINURCAT Police Training Cell in Njamena; and the DPKO Integrated Training Service
based at UNLB Brindisi.
In 2001, Patrick joined the international social theatre project “Petits Petits en Europe Orientale.” He travelled
for two months with 50 actors from Albania, Armenia, Chechnya, Croatia, France Georgia, Kosovo, Italy, Montenegro,
Serbia, and Turkey, performing different spectacles in several capital cities of the South Caucasus and the Balkans
region. He recently wrote a book about that experience entitled Courts Circuits (Paris, L’Espace d’un Instant, 2007).
304
Instructions for the End-of-Course Examination
Format and Material
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Once you arrive at the course page, click the red
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completed without a time limit. Students who pass the second exam will be awarded a Certificate of Completion.
Continue your POTI training experience »

• Visit <www.peaceopstraining.org/courses/> for a list of all current courses.
• If a particular category of study interests you, such as Human Rights,

Logistics, or Military Studies, consider the POST Certificate programme
available in six areas of specialization. See the requirements at
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Human Rights and Peacekeeping

UPEACE Course Coordinator

Peace Operations Training Institute

Study peace and humanitarian relief any place, any time

Cover photo: UN Photo #203200 by Marco

UPEACE Course Coordinator

Peace Operations Training Institute

Study peace and humanitarian relief any place, any time

Peace Operations Training Institute

First edition: 2012 by Patrick Marega Castellan

Method of Study xi

Lesson 1 Human Rights and Armed Conflicts 12

Section 1.2 Some Characteristics of Modern Armed Conflicts and their

Section 1.3 The Struggle of Civilian Populations 18

Section 1.4 Human Rights as Causes and Solutions of Conflicts 23

Lesson Summary 34

Lesson 2 United Nations Human Rights Commitments and

Section 2.1 UN Reform and Human Rights 39

Lesson Summary 56

PEACE OPERATIONS TRAINING INSTITUTE

Lesson 3 International Human Rights Law and Peace

Section 3.1 Defining Human Rights 61

Section 3.2 Legal Framework Applicable to Peace Operations 66

Lesson Summary 84

Lesson 4 Measuring the Human Rights Implementation of

Section 4.1 State Obligations 89

Section 4.2 The Progressive and Immediate Application of Human

Section 4.3 The Responsibility to Measure 100

Section 4.4 Peace Operations and Illegal Exploitation of Natural

Lesson Summary 107

Lesson 5 Human Rights Problems and Groups at Risk in

Section 5.1 How Violations of Human Rights Occur 113

Section 5.2 Human Rights Problems Common in Peace Operations 116

Section 5.3 Groups Especially At Risk 124

Lesson 6 Actions of Protection 134

Section 6.1 Protection: Definitional and Operational Framework 135

Section 6.2 Protection of Civilians 140

Section 6.3 Protection of the Human Rights of Civilians in Armed

PEACE OPERATIONS TRAINING INSTITUTE

Section 6.4 Protection through Presence and Access 153

Section 6.5 Building Protection Strategies 159

Section 6.6 Human Rights-based Approach to Humanitarian

Lesson 7 Human Rights in Integrated Missions: Planning

Section 7.1 Planning UN Peace Operations 171

Section 7.2 Integrated Planning and Human Rights 174

Section 7.4 Other Planning Processes 195

Lesson 8 Human Rights and Functions of Peace

Section 8.1 Applying Human Rights in Peace Operations 199

Section 8.2 The Work of Human Rights Components in Peace

Lesson Summary 223

Lesson 9 Human Rights Partners 226

Section 9.1 Coordination and Support between the Human Rights

Section 9.2 The Military Component and Human Rights 237

Section 9.3 UNPOL and Human Rights 244

Section 9.4 External Human Rights Partners 250

Lesson Summary 256

PEACE OPERATIONS TRAINING INSTITUTE

Lesson 10 Peace Operations and Accountability 260

Section 10.1 Human Rights and Accountability through Peace

Section 10.2 Human Rights Challenges: The Need for a Coherent

Section 10.3 Human Rights Obligations of UN Peace Operations and

Lesson Summary 291

PEACE OPERATIONS TRAINING INSTITUTE

Appendix A: List of Acronyms 296