Center of Excellence for Stability Police Units -Sub Iure ad Pacem tuendam Milites paro 3- 2020 The CoESPU
MAGAZINE
The online quarterly Journal of Stability Policing
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THE COESPU COMPOUND MEMORIAL
FOREWORD
Dear CoESPU Magazine readers, the circumstances are still very complicated
because of the constant number of Coronavirus infections, which are still af-
flicting our world. In Europe the numbers are rising. Our hope is that science
finds an effective cure and a vaccine as soon as possible so that the situa-
tion we have become accustomed by the pandemic, in this “new normal”
made of precautions, constraints, infections and death, can quickly improve.
As always, my hope is that you and your dear ones are fine. Despite all
the great difficulties, we did a lot in terms of taking the necessary measures
to ensure that our staff can continue to work in the healthiest environment
possible and for our infrastructure, we are updating our protection systems.
We are also modernising our infrastructure to make it safer.
We have welcomed with great enthusiasm the recent release by the UNSC
Counter-Terrorism Committee Executive Directorate of the document “The
impact of the Covid-19 pandemic on terrorism, counter-terrorism and coun-
tering violent extremism” was crucial, because it provided a concise analysis
of the short and long-term impact of the virus on such threats.
As for our regular activities, we have made great efforts to take the necessary measures that have allowed
CoESPU to reopen its doors also to local foreign attendees. In July, 30 Carabinieri officers attended the “Po-
lice Advisor Teams” (PATs) course, aimed at their future deployment in Afghanistan, within the NATO Reso-
lute Support Mission. In September, we started the 13th edition of the “International Military Police Course”
(IMP13), with attendees coming from the European Gendarmerie Force (Eurogendfor) Permanent Headquar-
ters and the United States Army, together with Carabinieri officers. Another big effort we made it has been to
give you this brand new issue of the Magazine where we sought to deepen the concept of the Rule of Law in
Peace Operations, with the contributions of various qualified academics, practitioners and top senior officials
belonging to various international organizations. Among the contributors, Commissioner Luis Carrilho, UN
Police Adviser, paid homage to CoESPU writing two very interesting articles on the Peace Operations suppor-
ted by the United Nations and by Regional Organizations and the role of United Nations Police in Internally
Displaced Persons and Refugee camps and Protection of Civilians Sites. Stéphane Jean provides a meticulou-
sly researched article highlighting the support for the Rule of Law by United Nations Peace Operations, with a
focus on the development of national law enforcement, prosecutorial, judicial and corrections institutions and
access to justice. Sofia Sutera makes a thorough and critical analysis of the “UN Zero Tolerance Policy” on
sexual exploitation and abuse.
Furthermore, Giuseppe De Magistris, NATO SP CoE Director, analyses the requirements that must be held by
the modern peacekeeper, highlighting the flexibility of the Gendarmerie-type forces and the importance of
the Stability Policing as a new model of peacekeeping. Moving towards another subject, Michael Langelaar
and Claudia Croci, in their article concerning the role of the personnel belonging to the corrections compo-
nent in the re-establishment of the Rule of Law, introduced some concrete cases, emphasizing all the challen-
ges they have been facing along the various missions.
The “Health and well-being” section features an extremely interesting article, where the author, Professor
Mario Plebani, one of the 100 most influential pathologists in the world, in relation to the Coronavirus,
addresses the issue of the essential role of rapid diagnosis and the appropriate use of personal protective
equipment.
Finally, in the “Alumni” section, Vito Franchini, the former CoESPU Magazine Managing Editor and actual
EU-ACT Regional Coordinator in Tanzania, interviewed Lieutenant Victor Kashai, a former CoESPU attendee
from Tanzania Police.
Please, allow me to add a thought. As we transition to the “new normal”, I believe none of us will be the
same as before. I am confident that this pandemic will prove to be the most significant event of globalized
civilization to date. But our world has overcome so many challenges, and it will prevail again. Indeed, we will
prevail again! I wish you a pleasant reading.
BG Giovanni Pietro BARBANO
CoESPU Director
EDITORIAL TEAM
MAGAZINE EDITOR IN CHIEF:
BG. Giovanni Pietro Barbano
MANAGING EDITOR:
CAPT. Lucio De Angelis
DRAFTING, COMPOSITION, GRAPHICS AND EDITING:
CAPT. Lucio De Angelis
CWO. Salvatore Camagna
WO. Massimiliano Dimichele
Mr. Denis Rizzotti
IMAGES AND ARTWORK SOURCES:
United Nations,
CoESPU Magazine Team
Cover picture: PASQUAL GORRIZ/UNIFIL
Other authors are indicated in single captions
PUBLISHER:
COESPU, VIA MEDICI, 87
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SCIENTIFIC COMMITTEE
Maureen BROWN
Giorgio CUZZELLI
Andrea DE GUTTRY
Michael DZIEDZIC
Karen J. FINKEBINDER
Oreste FOPPIANI
Nadia GERSPACHER
Edoardo GREPPI
David LIGHTBURN
Paolo MAGRI
Andrea MARGELLETTI
Emanuele Vittorio PARSI
Karla PINHEL RIBEIRO
Bernardo SALA
Dmitry TITOV
Gabriella VENTURINI
The CoESPU Magazine is devoted to the publication of professional concepts and issues, research
and doctrinal products developed by the Carabinieri Center of Excellence for Stability Police Units, in
collaboration with other international research Centers. The Magazine addresses topics of professio-
nal, technical, operational and juridical nature in the field of Stability Policing within Peace Opera-
tions. Based on the core values of ethics, integrity, professionalism and respect for diversity, harmo-
nically inflected and informed by the traditions of over two hundred years of Carabinieri history, the
Magazine fosters Human Rights and gender mainstreaming, while seeking to enhance current police
peacekeeping doctrine and promoting international police peacekeeping interoperability, cognizant
of Lessons Learned and best practises. The CoESPU Magazine is constantly committed to upholding
UN standards, norms, procedures and curricula, while endorsing self-sufficiency of the participating
Police Contributing Countries. Consequently, its editorial policy promotes the principles of represen-
tativeness, responsiveness, and accountability, as well as effectiveness, efficiency, transparency, and
accessibility, to provide the highest professional standards to build trust and legitimacy of beneficiary
Law Enforcement Institutions.
DISCLAIMER: The views expressed in this journal belong to single authors and do not ne-
cessarily reflect the official policy or position of the CoESPU, the UN, The Italian Government, the
Carabinieri or other nominated Institutions. Content is copyrighted where expressly indicated,
but Material belongs to authors themselves. The Center of Excellence for Stabilities Police Units
retains full and exclusive ownership over other magazine contents and original images. Repro-
duction of any part of this magazine without express written permission is strictly prohibited.
TABLE OF CONTENTS
THE ROLE OF THE INTERNATIONAL POLICE DURING THE PANDEMIC 6
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS: 14
FROM COMPETITION TO COORDINATION 22
POS SUPPORTED BY THE UN AND BY REGIONAL ORGANIZATIONS
NATO SP: A NEW MODEL OF PEACEKEEPING
PEACE OPERATIONS: POLICING IDP/REFUGEE CAMPS
PEACE OPERATIONS: THE ROLE OF UN POLICE IN IDP 26
WHERE ARE THE WOMEN? 32
44
INTERNATIONAL CRIMES: ROLE OF POS IN ASSURING JUSTICE 60
SUPPORT FOR THE ROL BY UNITED NATION POS 64
CORRECTIONS COMPONENT IN THE (RE)-ESTABLISHMENT OF THE ROL
76
CONSTRAINTS AND RESTRAINTS AS LIMITATION OF FREEDOM
OF ACTION IN PERFORMING A MISSION 84
88
THE “CORE” INTERNATIONAL CRIMES 92
ALUMNI 102
A CHAT WITH LT. VICTOR KASHAI (TANZANIA POLICE)
IN DEPTH
EVOLUTION OF POLICE INTERNATIONAL ENGAGEMENT
PROHIBITION OF TORTURE: THE TICKING BOMB SCENARIO
POS: FROM COMPETITION TO COORDINATION
HEALTH AND WELL-BEING
COVID-19: THE ROLE OF RAPID DIAGNOSIS
COESPU TRAINING
COESPU ONSITE VISITS
“The CoESPU Magazine – the on line Quarterly Journal of Stability Policing” is a stand-alone on line publication.
Printed copies are intended for internal use and shall not be distributed.
Published on www.coespu.org and www.carabinieri.it
facebook.com/coespu THE COESPU MAGAZINE
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coespu.org ISSN: 2611-9005
COESPU MAGAZINE [ONLINE]
THE ROLE ODUF RTIHNEGIINTNHTEDEREPNPATANHTDIOENMAICL
POLICE
6
THE ROLE OF THE INTERNATIONAL
POLICE DURING THE PANDEMIC
The pandemic as a threat to glo- crisis1. However, in order to avoid Then, on 1 July 2020, with the
bal peace and security: the role precedents that would have af- adoption of Resolution 2532, the
of international Police between fected the Security Council’s role, UN Security Council eventually re-
old and new challenges. the Resolution merely recommen- affirmed its primary responsibility
ded some relevant countering for maintaining international pea-
measures, not envisaging speci- ce and security, expressing serious
By Giovanni Pietro BARBANO fic obligations for Member States. concern about the devastating im-
David M.V. Fontana Barberis With the escalation of the emer- pact of the pandemic, especial-
gency connected to new Corona- ly in countries plagued by armed
virus spreading, the same Security conflicts, calling for an immediate
T Council has been criticised for its and general cessation of all ho-
he global spread of Covid-19 failure both in reaching a shared stilities in all conflict situations4.
– officially recognised as a pan- position and in supporting the call Most recently, the Secretary-Gene-
for a global cease fire to all confli- ral shared the innovative expecta-
demic by the World Health Orga- cts made by the Secretary-General tion that – despite all the new, dare
nization on 11 March 2020 – has on 23 March 20202, arguing that challenges posed by the current cri-
significantly impacted on the way
of living of the world population at the abovementioned Resolution sis – the pandemic may paradoxi-
all social levels, heavily affecting 2177 – considered by the doctri- cally represent an occasion to cre-
health, public and socio-economic ne as the culmination of a process ate new opportunities for peace5.
systems within individual nations, of securitization of health – was As it can be easily inferred, pen-
as well as in entire macro-areas. still a not established practice. ding the abovementioned United
Nations’ de-
Therefore, the eyes
of the world have THE ONGOING EMERGENCY SITUATION HAS cisions and
turned towards the their subse-
United Nations, lo- NEGATIVELY AFFECTED THE INTERNATIONAL quent opera-
oking for respon-
COMMUNITY’S EFFORTS TO PROTECT WOR- tionalisation,
ses to the distressing the ongoing
escalation of the cri- LD PEACE emergen-
sis, more and more cy situation
perceived also as a potential On the following 9 April, the Se- significantly spoiled the inter-
threat to international security. cretary-General, getting back on national community’s effor-
the topic, among other aspects, in- ts to protect world’s peace.
Indeed, as early as 2014, in re- vited the Security Council to over- In summary, the negative effects
sponse to the unprecedented extent come internal divisions, in order of the pandemic on UN peaceke-
of the spread of Ebola in Africa,
the UN Security Council Resolution to promote a logic of multilatera- eping missions have been conside-
2177 – for the first time in history lism, at the same time expressing rable and have led to the substan-
– stated that an epidemic event strong concern about the current tial paralysis of some of them and
financial contingency of the Uni- to the drastic redirection of others
could pose a threat to international ted Nations, as a potential ob- towards new objectives, more
peace and security, pursuant to Art. stacle to the implementation of connected to the Covid-19 crisis
39 of the United Nations Charter,
thus calling on the Member States possible strategies and actions than to peace and stabilization6.
to respond urgently to the resulting to tackle the health emergency.3 In addition to the necessary recon-
7
THE ROLE ODUF RTIHNEGIINTNHTEDEREPNPATANHTDIOENMAICL
POLICE
sideration of the priorities establi- te”11: the international Police, while the UN Police have been actively
shed by the mandates, since the very implementing their mandates, are involved in supporting the enfor-
beginning of the crisis it has been called to face the new challenges cement of lockdown measures
also essential to ensure that inter- with extreme flexibility and adhe- in various theatres of operation,
national personnel did not become rence, remembering that, within always maintaining a strongly
themselves an additional menace
for the health of both the local po- the limits of the possibilities and community-oriented approach,
pulation and other peacekeepers. constraints imposed by the condi- working side by side with local
As a natural consequence, contin- tions, the peacekeeping missions police, as in the case of the com-
gents’ rotations have been suspen- must continue to ensure their role. ponents deployed to the Demo-
ded in order to reduce the risk of Moreover, the same UN Police cratic Republic of Congo, whe-
contagion7, in some cases as early Commissioner Carrilho stressed re awareness-raising campaigns
as March 20208, while individual that, in this emergency situation, have been organized, and masks
staff arriving in and leaving the
theatres of operation have been
quarantined for 14 days9, this with
severe repercussions on the effi-
ciency of the different components.
Furthermore, the global health
and economic crisis has led go-
vernments to focus their human
and financial resources on the
respective national emergencies,
which caused a contraction in ter-
ms of contributions of staff and
money to international peacekee-
ping missions, with a consequent
– and unavoidable – decrease of
their effectiveness, just when the
worsening of the general situation
would have required the opposite.
In this context, Police components
have proven not to be immune to
these issues as well. As an exam-
ple, the UN Under-Secretary-Ge-
neral for Peace Operations, Mr
Jean-Pierre Lacroix, highlighted
the hindrances encountered on
the ground while deploying Po-
lice units to the UN Interim Se-
curity Force for Abyei, due to the
containment measures imposed
by the spread of Covid-1910 .
Still, Mr Luis Carrilho, United Na-
tions Police Adviser, pointed out
how it is unthinkable, in principle,
that police practitioners, like medi-
cal staff, can operate only throu-
gh smart-working or “telecommu-
8
and sanitizers have been distribu- tinue operating at full capacity13. the effects of the pandemic in the
ted to those who were in need12. As for the civilian missions of the host nations14 and all the expiring
At the moment, the only case that European Union, which include mandates have been renewed15.
seems to differ from this para- the Police ones, even more signi- In addition to what has been so far
digm is represented by the African ficant setbacks have been repor- outlined, the health crisis has also
brought to light new challenges
Union mission in Somalia: there, ted, which seems to have sub- and critical issues which fall un-
despite the introduction of all the stantially caused the contraction der the competence of the various
new necessary health measures, of their activities to the strictly es- international Police componen-
the pandemic has not significant- sential ones. However, this was ts, like the imaginable increase in
ly impacted on the implemen- presented as a reshaping of the violations of fundamental human
tation of the mandate, allowing Common Security and Defence rights, which can result in discri-
the different components to con- Policy missions to help mitigate minations of minorities when ac-
cessing to health services or their
economic and social exploitation.
Therefore, it is necessary that Po-
lice acknowledge these problems,
which are new in their entity ra-
ther than in their substance, since
they no longer refer only to defined
groups of individuals, but to entire
communities, that could act sud-
denly and in an unstructured way,
as well as be easily exploited by
extremist groups of various kinds.
Furthermore, given the plausible
reduced functionality of the va-
rious local Police services, likewi-
se suffering as a result of the
pandemic, it cannot be entirely
excluded that the scope of the po-
lice mandates can be extended.
Moving towards a conclusion –
though there are still no lessons
identified or learned – what emer-
ged at the outset of the pandemic
was the resigned impotence and
apparent inability of missions to
cope with the emergency, with par-
ticular reference to the operational
level, where the only countermea-
sures adopted – pending directives
from the strategic level – were the
interruption of all activities and the
imposition of lockdown on the staff.
This has substantially highli-
ghted a lack of readiness in de-
aling with new crises, which will
reasonably lead to an organisa-
tional, doctrinal and procedural
9
THE ROLE ODUF RTIHNEGIINTNHTEDEREPNPATANHTDIOENMAICL
POLICE
ON THE SIDE OF TYPICAL POLICE ACTIVITIES, even more highlighted the already
THERE IS A SUBSTANTIAL NEED TO STREN- recognized potential of the Stabi-
GTHEN THE CAPACITY FOR INFORMATION lity Police Units, which – thanks to
COLLECTION, ANALYSIS AND PLANNING their cohesive and mono-natio-
nal composition, logistics self-suf-
shift, with the consequent adap- tact with the population are limi- ficiency and inherent projection
tation of the training programs ted, in order to provide the ne- aptitude – are extremely flexible
for the various mission compo- cessary support to operational and likely to maintain adequa-
nents and the relevant equipment. planning, on the basis of adhe- te operational capability and au-
As for the typical Police activities, rence to the situation, optimiza- tonomy even in unpredictable
what has emerged is a substan- tion of resources, risk reduction and destabilising times like these.
tial need for improved capacities and achievement of objectives.
of information gathering, analy- As a final aspect, this global cri- PICTURES:
sis and planning, even where the sis – which presents peaks distri- -CoESPU Magazine Team
possibilities of movement and con- buted over time and space – has
10
14. (S/2020/466), 29 May 2020. and
Eleni LAZAROU, CSDP Missions
Coronavirus, European Parliament back-
ground material, 15 June 2020.
15. Council of the European Union press
release, Council extends the mandates of
EU CSDP civilian missions for one more
year, 30 June 2020.
Giovanni Pietro BARBANO
BG - Italian Carabinieri
CoESPU Director
1. S/RES/2177 (2014), Peace and security 8. 07 April 2020.
in Africa, 18 September 2014. UN Mission in South Sudan website –
2. Secretary-General’s Appeal for Global News, UNMISS announces travel freeze
Ceasefire, 23 March 2020. to support COVID-19 prevention and
3. Secretary-General’s remarks to the Secu- 9. preparedness, 23 March 2020.
rity Council on the COVID-19 Pandemic, UN Division of Healthcare Management
09 April 2020. and Occupational Safety and Health –
4. S/RES/2532 (2020), Maintenance of Public Health Unit, Recommendations for
international peace and security. Letter implementation of quarantine period of
from the President of the Council on the uniformed personnel, 29 July 2020.
voting outcome (S/2020/632) and vo- 10. UN News, As pandemic encroaches on
ting details (S/2020/638), 1 July 2020. Abyei, tensions rise over disputed territory
5. Secretary-General’s remarks to Security straddling Sudan, South Sudan, 28 April
Council Open Video-Teleconference on 2020.
Peacebuilding and Sustaining Peace: 11. UN News, Policing the pandemic: how
Pandemics and the Challenges of Sustai- UN Police are maintaining law, order,
ning Peace, 12 August 2020. and public health, 23 May 2020.
6. Cedric de Coning, The impact of CO- 1132.. Ibid. David M.V. Fontana Barberis
VID-19 on peace operations, IPI Global S/RES/2520 (2020), The situation
Observatory, 2 April 2020. in Somalia Letter from the President Capt. - Italian Carabinieri
7. Daily Press Briefing by the Office of the of the Council on the voting outco- Former Staff Officer within CoESPU
Spokesperson for the Secretary-General, me (S/2020/459) and voting details Studies and Research Department
11
THE RULE OF LAW IN PEACE OPERA
-POS RUN BY UN AND BY REGIONAL ORGANIZA
TO COORDINATION
-POS: POLICING IDP/REFUGEE CAMPS
-INTERNATIONAL CRIMES: ROLE OF POS IN ASSU
-CONSTRAINTS AND RESTRAINTS AS LIMITATION
ACTION IN PERFORMING A MISSION
ATIONS
ATIONS: FROM COMPETITION
URING JUSTICE
N OF FREEDOM OF
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS:
FROM COMPETITION TO COORDINATION
POS SUPPORTED BY THE UN
AND BY REGIONAL ORGANIZATIONS
Peace Operations supported by for strengthening peacekeeping. tion and management of crises.
the United Nations and by Regio- To illustrate further, transnatio- In this article, I will reflect on how
nal Organizations nal organized crime, including the collaboration between the Uni-
the illicit trafficking of humans, ted Nations and Regional Orga-
By Luís Miguel Carrilho drugs or weapons, which often nizations in the area of internatio-
crosses multiple borders and re- nal and United Nations policing
Introduction gions, can only be prevented or has evolved and matured through
effectively addressed through co- the increasing convergence of re-
United Nations Police (UNPOL) ordinated policing responses. spective operations and doctrines.
Cooperation with regional organi- While I will focus on our coope-
are often at the frontlines when zations has long been a cornersto- ration between the African Union
environmental and socio-econo- ne of the work of the United Na- (AU) and the European Union
mic crises strike or when armed tions, as reflected in Chapter VIII of (EU), I will also touch upon United
conflicts escalate. No country sur- the 1945 United Nations Charter Nations Police (UNPOL) partner-
vives or thrives in isolation. Sustai- and numerous resolutions of the ships with other entities, such as
nable solutions require concerted General Assembly and the Secu- the Association of Southeast Asian
efforts with neighbors, as well as rity Council.1 The United Nations Nations (ASEAN) and ASEANA-
effective multilateral action, such and regional organizations offer POL, the Collective Security Treaty
as the Secretary-General’s Action unique and complementary capa- Organization (CSTO), the Interna-
for Peacekeeping Initiative and cities in particular in the area of tional Criminal Police Organiza-
the Declaration of Shared Com- policing and other crime preven- tion (INTERPOL), the North Atlan-
mitments, which has reached over tion and criminal justice2. We have tic Treaty Organization (NATO),
150 endorsements, including re- seen again and again that, when the Organisation internationa-
gional and other organizations, coordinated well, these joint efforts le de la Francophonie (OiF), and
and provides a shared roadmap contribute to the effective preven- the Organization for Security and
14
Co-operation in Europe (OSCE). licy and Development Section hea- tuations.4 During the World Sum-
ded by Andrew Carpenter brought mit that year, Member States in
“The Security Council shall encou- together the world’s best policing the General Assembly committed
rage the development of pacific minds and, in this sea of diversi- themselves to further consolidate
settlement of local disputes throu- ty, got them to agree on a com- this partnership during the Sixth
gh such regional arrangements or mon denominator, a doctrine whi- High-Level Meeting between the
by such regional agencies either ch would be acceptable no matter United Nations and Regional and
on the initiative of the states con- where: in Cairo, Lisbon or Laho- other Intergovernmental Organi-
cerned or by reference from the re. The Strategic Guidance Fra- zations5, which first convened in
mework for International Policing 19946 and, subsequently, on ave-
Security Council.” (SGF) strengthens the effectiveness rage every other year. Similarly, in-
of police peacekeeping through teractions with the Security Council
United Nations Charter Article more consistent, harmonized ap- commenced in 2003 and became
52.3 proaches to the provision of public an annual occurrence in 2005,
safety, police reform and support following the passing of Security
Knowledge Hub: The Strategic to host-State police services. It was Council resolution 1631 that year.
Guidance Framework for Inter- developed with the assistance of In this spirit, consulting and coordi-
national Policing world renowned academics of the nating policing requirements and
When I became the United Nations Global Police Policy Community priorities with police-contributing
Police Commissioner in Timor-Le- and senior police executives from countries (PCCs), which are the
ste in 2009, there were no SOPs, over 100 Member States and key very same members of the organi-
handbooks or manuals available. regional and professional orga- zations considered in this article, is
It was trial and error all the way. nizations such as the AU, the EU, an essential part of my daily work.
Even though we have existed sin- INTERPOL, the OSCE, and the In-
ce 1960, UNPOL faced a daunting ternational Association of Chiefs of Cooperation with the African
task of establishing and training a Police (IACP). Our efforts of achie- Union (AU)
new police service in a newly in- ving guidance coherence and inte- Collaboration dates back to 1965,
dependent country. What policing roperability so that police officers when the first Cooperation Agre-
model do we choose? Should we deployed for international service ement was signed between the
teach, for example, an Australian, can easily transition between ope- respective secretariats. In 2006,
Senegalese or Thai approach to rations led by organizations like the two organizations signed the
investigations? How would we en- the AU or the EU without the need Ten-Year Capacity-Building Pro-
sure consistency when we source for re-training has been recogni- gramme for the African Union
our officers from over 90 coun- zed by the Security Council through (TYCBP-AU), which was the first
tries, from different policing cultu- its resolutions S/RES/2167 (2014) strategic framework to address the
res, backgrounds and training? We on regional organizations and S/ issues pertaining to human security
improvised. We were creative on a RES/2185 (2014) and S/RES/2382 in Africa. By 2013, the operations
daily basis. UNPOL deployments (2017) on United Nations po- of both organizations had grown in
before Kosovo3 and Timor-Leste licing, which have additionally scale and complexity. The re-exa-
were no easy undertakings. They called for strengthening partner- mination of the partnership culmi-
mainly focused on monitoring the ships and closer coordination and nated in the 2017 Joint UN-AU Fra-
behavior of the host-State collea- cooperation on policing issues. mework for Enhanced Partnership
gues and recording and raising Greater than the sum of its parts in Peace and Security (“UN-AU
cases of violations. New tasks were Until 2005, the relationship betwe- Framework”) followed by the 2018
more sophisticated. They required en the United Nations and Regio- AU-UN Framework for the Imple-
a much more nuanced understan- nal Organizations manifested itself mentation of Agenda 2063 and the
ding of police operations and ca- first and foremost through perio- 2030 Agenda for Sustainable De-
pacity-building in a new era in whi- dic consultations and impromptu velopment.7 The UN-AU framework
ch UNPOL may even substitute for initiatives to enhance operational explicitly seeks collaboration on
a police service of the host-State. cooperation on specific conflict si- policing through a shared vision.
Starting in 2006, our Strategic Po-
15
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS:
FROM COMPETITION TO COORDINATION
16
17
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS:
FROM COMPETITION TO COORDINATION
“Develop[ing] a shared vision for ted Nations Global Focal Point tion in 2003 marked the beginning
UN-AU Policing and collaborate for Rule of Law, the Joint Police of Common Security and Defence
in areas related to police doctri- Programme was set up for 2018- Policy missions and operations.
ne and training, assessment and 2022 to support the Federal and That year, a Joint Declaration on
planning, as well as where neces- FMS police to implement the New EU-UN Cooperation in Crisis Ma-
sary operational implementation”. Policing Model by increasing nagement9 was issued, which wel-
UN-AU Framework – Section on the police presence and visibility comed the existing co-operation
Preventing and Mediating Conflict across the major population cen- in particular in the Balkans and
ters and their supply routes in the in Africa and commended the
and Sustaining Peace FMS through patrols and facilita- hand-over of responsibilities from
ting positive interactions with their the United Nations International
To this end, since 2008, UNPOL communities. Additional assistan- Police Task Force to the Europe-
have been supporting assessmen- ce efforts focus on the constitutio- an Union Police Mission in Bosnia
ts, planning efforts, deployments, nal review process and subsequent and Herzegovina and the EU’s
policy and guidance development, referendum on the constitution intention to assist the establish-
as well as operations of the police and preparations for elections. ment of an integrated police unit
components of the African Union In Addis Ababa, our Police Liaison in Kinshasa to provide securi-
Mission in Somalia (AMISOM), the Officers in the United Nations Of- ty to the transitional government.
African Union Mission in Sudan fice to the African Union are sup- Many joint initiatives have sin-
(AMIS) and its successor, the hy- porting the work of the AU’s Peace ce been launched10, including the
brid United Nations-African Union Support Operations Division and 2012-2014 priorities to reinforce
Mission in Darfur (UNAMID). With Defense and Security Division, the UN-EU strategic partnership
respect to transitions, the Police which also oversees AFRIPOL, and on peace operations and crisis ma-
Division worked closely with the lends advisory services to the AU nagement, which brought forward
police components of the AU-led Member State police forum called the idea of bundling EU and UN
International Support Mission in the Police Strategic Support Group capacities, for example, in UN-
Mali (AFISMA) and International (PSSG). Recent initiatives included POL pre-deployment assistance
Support Mission in the Central Police Command Development efforts to Member States and the
African Republic (MISCA) prior to Courses held jointly with the AU in development of the SGF, as well
their re-hatting to the United Na- Ethiopia in 2017 and Senegal in as recognized joint efforts in Af-
tions Multidimensional Integra- 2018. With respect to police plan- ghanistan, the Democratic Repu-
ted Stabilization Mission in Mali ning aspects of the African Stan- blic of the Congo and Somalia.11
(MINUSMA) and the United Na- dby Force (ASF) and the Regional The priorities for 2015 to 2018
tions Multidimensional Integrated Economic Commissions /Regional furthered the previous commit-
Stabilization Mission in the Cen- Mechanisms, the Police Division ment to cooperate, on a trilateral
tral African Republic (MINUSCA). has worked with AU Police coun- basis, in the operationalization of
terparts in the development of the the SGF and related training mate-
Joint Assistance Towards a Fede- ASF police and rule of law elemen- rials, which are now encapsulated
rated Policing Model in Somalia ts. This entailed the development in the UNPOL Training Architecture
In Somalia, the Police Section of the of a long-term institutional capa- Programme. They also reaffirmed
United Nations Assistance Mission city to plan, deploy and manage the EU commitment to “continue
in Somalia (UNSOM) works hand complex multidimensional peace to offer different platforms to the
in glove with the AMISOM Police operations through technical and UN Under-Secretary-General for
Component, providing strategic expert policing advice and training. Peacekeeping Operations (and
policy advice to the Federal Gover- Military and Police Advisers) to di-
nment of Somalia and its Federal Collaboration with the European rectly address the EU Member Sta-
Member States (FMS) on police re- Union (EU) tes” including through the Informal
form aspects that are embedded in With this partnership dating back Defence Ministerial, Political and
wider security sector reform efforts. to 19518, the first deployment of Security Committee, EU Military
Within the framework of the Uni- an EU civilian and military opera- Committee, at Chiefs of Defence
18
level, or the Committee for Civilian
Aspects of Crisis Management and
the Politico-Military Group. 12 More
recently, the joint 2019-2021 prio-
rities to reinforce the UN-EU stra-
tegic partnership on peace ope-
rations and crisis management,
provide for the “further strengthe-
ning of cooperation on policing
.., including on border manage-
ment … [to] enhance[e] resilience
of fragile states and their socie-
ties to avoid conflict”13. In Brussels
and New York, regular high-level
dialogues in the form of the EU-
UN Steering Committee on Cri-
sis Management are undertaken
biannually and are supported by
regular working-level interactions
between missions and headquar-
ters, to facilitate cohesion. Accor-
dingly, our police cooperation in
the Central African Republic, Ko-
sovo, Libya, Mali or Somalia are
supporting host-State counterpar-
ts and communities in attaining
the policing services they desire.
Where the rubber hits the road: training to the Forces armées cen- Central African Republic (EUAM-R-
Cooperation in the Central Afri- trafricaines (FACA) in cooperation CA), which deployed in July and
can Republic and Mali with the MINUSCA Force. Throu- replaced EUTM-RCA. Meanwhile,
In the Central African Republic, in gh the interoperability pillar of the UNPOL is consulting with the EU
2014, the EU military operation EUTM-RCA, assistance efforts to through the national Comité des
(EUFOR-RCA) provided bridging the Internal Security Forces (ISF) Chefs d’État-Major in charge of
capacities in parts of Bangui be- have been coordinated with UNO- coordination police and military
fore the deployment of MINUSCA. PL to ensure complementarity with operations between the ISF, FACA,
Since 2016, UNPOL has been EUTM-RCA gendarmes. In Decem- and the MINUSCA uniformed com-
liaising and closely working with ber 2019, the Council of the Eu- ponents, in partnership with other
the EU Military Training Mission ropean Union, in Decision (CFSP) national and international entities.
in the Central African Republic 2019/2110, approved the deploy- Building on Security Council re-
(EUTM-RCA) and other stakehol- ment of EU Advisory Mission in the solution 2480 (2019), MINUSMA
ders to support the operationaliza-
tion of the Unités spéciales mixtes
de sécurité (USMS) through trai-
ning of trainers. Through UNPOL’s
nationwide colocation, this inclu-
ded supporting the USMS in con-
ducting investigations, escorts, and
other required policing services.
EUTM-RCA has been providing
19
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS:
FROM COMPETITION TO COORDINATION
Police efforts continue to focus on partners has not just evolved but minality. Accordingly, our MINU-
the centre of Mali, where they help also expanded. It now includes SMA Police Component has been
restore state authority through the a wide range of partners in are- working closely with the Malian IN-
redeployment of the Malian De- as like guidance development, TERPOL NCB and the Brigade des
fence and Security Forces (MDSF) training, planning and prepara- Investigations Spécialisées (BIS) on
to create conditions conducive for tions for operational readiness. investigations following the ab-
the rule of law. Accordingly, our Further to longstanding UN-wi- duction of the opposition leader
UNPOL collaborate with the EU ci- de collaboration efforts with the Soumaila Cisse during the period
vilian mission, EUCAP Sahel Mali, OSCE14, UNPOL and the Depart- of elections in Mali. Additionally,
on building MDSF capacities, in- ment of Peace Operations’ (DPO) in 2019, our Standing Police Ca-
cluding through the delivery of Integrated Training Service con- pacity, facilitated a training course
joint training programs at the Ma- tinue to operationalize the SGF on “Human Rights and Law Enfor-
lian Police and Gendarmerie trai- through advancing the UNPOL cement” for INTERPOL Staff joint-
ning schools in Bamako, and sup- Training Architecture Programme. ly organized by the Methodology
port for the establishment of secure Building on the signing of a Joint Education and Training Section
areas in the well-known triangle Declaration of on Cooperation in (METS) of the Office of the High
Bandiagara-Bankass-Koro, with 2010 and a Memoranda of Un- Commissioner for Human Rights
similar efforts being extended to derstanding with DPO15, we are and Capacity Building and Training
the Mopti area. Together with the working with the Collective Secu- section of INTERPOL in Singapore.
International Organization for Mi- rity Treaty Organization (CSTO), Further to NATO and UN coopera-
gration (IOM), UNPOL and EU- amongst others, on preparing its tion in the Balkans in the 1990s16
CAP Sahel are also working on a Member States, including women and in Afghanistan, including ca-
common strategy on border ma- police officers at all ranks, for poli- pacity-building and development
nagement and the fight against ce assessments for mission service assistance to the Afghan Natio-
cross-border crime. UNPOL en- required for deployment to United nal Police in the early to mid-
gage in high-level technical sup- Nations peace operations. During 2000s, and as acknowledged in
port for investigations and forensic the first visit of its kind to United the updated 2018 Joint Decla-
analyses conducted by the Malian Nations Headquarters in Decem- ration on UN-NATO Secretariat
Brigade d’Invéstigations Spécialis- ber 2019, CSTO experts were Cooperation, we are also coope-
ées through professional expertise briefed on United Nations pea- rating with the NATO-affiliated
and resources including a forensic cekeeping and avenues for coo- Stability Policing Centre of Excel-
laboratory. UNPOL and EUCAP peration, including United Nations lence (NSPCoE) including on per-
Sahel Mali also assist the MDSF rules and regulations regarding formance and transition questions.
and judicial authorities in their ef- the possible contribution of CSTO The International Organisation of
forts to fight impunity and reaffirm stand-by capacities and methods La Francophonie (OiF), which re-
a Malian-owned security and rule for enhancing interoperability. presents more than one third of
of law system in support of the im- With our long-standing partner the members of the General As-
plementation of the Peace Agree- INTERPOL and further to General sembly17, is an essential partner
ment and stabilization efforts. L’In- Assembly resolutions 71/19, 72/1, for us to attain francophone police
stance de Coordination au Mali, to 73/11, we recently collaborated officers for our operations, which
which MINUSMA Force and Police on a training for Central African are predominantly located in fran-
provide secretariat services, was Republic police and other law en- cophone settings. For example, in
set up to facilitate coordination forcement officers at the country’s October 2019, the OIF supported
between the MDSF and internatio- international airport on technical a training course in MINUSMA,
nal forces and actors, including the tools to enhance border security which aimed at expanding the re-
G5 Sahel Joint Force, MINUSMA, and the fight against transnational cruitment of francophone women
Barkhane and EUCAP Sahel Mali. organized crime. Collaboration police officers in line with the DPO
with INTERPOL National Central Uniformed Gender Parity Strategy
Diversity is our strength Bureaus (NCB) is key for addres- 2018-2028. A total of 28 senior
UNPOL’s collaboration with its sing international and national cri- police officers, including 50 per-
20
cent women, from 12 PCCs recei- S/RES/2033 (2012); S/RES/2320 (2016); 11. 2012-2014 Joint Action Plan to enhance
ved guidance on all aspects of the (S/2016/780); S/RES/ 2378 (2017); and EU CSDP support to UN peacekeeping,
recruitment process. Similarly, our Council of the European Union, 24
collaboration with ASEAN Member 2. S/RES/2457 (2019) Silencing the Guns November 2011.
States resulted in the convening of For further details, please see the High 12. 2015-2018 Priorities to strengthen UN-
an SGF women police command -level Thematic Debate of the Gene-
development course in Malaysia ral Assembly on “The Role of Regional EU strategic partnership on peacekee-
in January 2018, in co-operation ping and crisis management, Council of
with ASEANAPOL, to help increase Organizations in Strengthening and the European Union, 27 March 2015,
the participation of senior women Implementing Crime Prevention Initia-
police commanders from Asia in tives and Criminal Justice Responses”, paragraph 2e.
United Nations peace operations. 6 June 2019, https://www.un.org/ 13. Council Conclusions on UN-EU strategic
partnership on peace operations and
Conclusion pga/73/event/the-role-of-regional-or- crisis management priorities for 2019-
Over the years, our collaboration ganizations-in-strengthening-and-im-
with regional and other organi- plementing-crime-prevention-initiati- 2021, 18 September 2018.
zations has greatly progressed. ves-and-criminal-justice-responses/; the 14. See General Assembly resolutions
We have and continue to learn 57/298 of 6 February 2003 and the
from each other on overcoming Doha Declaration on Integrating Crime framework for cooperation and coordi-
the evolving challenges in the Prevention and Criminal Justice into the
contexts we serve, and to amend Wider United Nations Agenda to Address nation between United Nations and the
our guidance, training and plan- Conference on Security and Cooperation
ning efforts accordingly. Our in- Social and Economic Challenges and to in Europe of 26 May 1993 (A/48/185,
stitutionalized interactions sup- Promote the Rule of Law at the National
port us in this tall order, and the and International Levels, and Public annex II, appendix).
2021 United Nations Chiefs of Participation, Thirteenth United Nations 15. For further details, see General Assembly
Police Summit (UNCOPS) will be resolutions on the Cooperation between
an excellent opportunity to further Congress on Crime Prevention and Cri- the United Nations and the Collective
our common agenda of keeping minal Justice, 12-19 April 2015; or the
those requiring our support safe. forthcoming Fourteenth United Nations Security Treaty Organization 64/256 of
2 March 2010, 65/122 of 13 December
PICTURES: Congress on Crime Prevention and 2010 and 67/6 of 31 January 2013.
-CoESPU Magazine Team Criminal Justice on “Advancing crime UNPROFOR was authorized to use force
-Vito Franchini prevention, criminal justice and the rule 16.
-UNPOL of law: towards the achievement of the in self-defence in reply to attacks and to
coordinate the use of air power in sup-
1. These include the Declaration of the 2030 Agenda” (A/RES/72/192 and A/ port of its activities with NATO. UNPRE-
RES/74/550B).
General Assembly of December 1994 on 3. This designation is without prejudice to DEP established a working relationship
the enhancement of cooperation betwe- the NATO Kosovo Verification Coordina-
en the United Nations and regional ar- positions on status and is in line with S/ tion Centre and the NATO
rangements or agencies (A/RES/49/57); RES/1244 (1999) and the ICJ Opinion For further details, see General
the Security Council meeting on “The 4. “Reviewing Chapter VIII: The United 17. Assembly
Security Council and Regional Organi- resolution 71/289 of 31 May 2017.
zations: Facing the New Challenges to Nations and Regional Organizations
international Peace and Security” on 11 - Partners for Peace”, International
April 2003; the Security Council debate Peace Academy, https://www.ipinst.org/
on “Cooperation between the United wp-content/uploads/publications/revi-
Nations and regional organizations in ving_chaptervii_final.pdf, April 2006. on
stabilization processes” on 20 July 2004; the Kosovo declaration of independence.
5. Letters dated 29 August 2005 from the
Secretary-General addressed to the
President of the General Assembly and
the President of the Security Council on
the meeting, A/60/341–S/2005/567, 8
September 2005.
6. Declaration of the General Assembly of
December 1994 on the enhancement of
cooperation between the United Nations
and regional arrangements or agencies
(A/RES/49/57).
7. Increasingly, the African Union has
mainstreamed rule of law and security
sector reform aspects into its policies and
frameworks, such as in the Silencing the
Guns by 2020 – Towards a Peaceful and
Secure Africa initiative or Agenda 2063.
8. Agreement between the Council of
Europe and the Secretariat of the United
Nations, 15 December 1951 and succes-
sive agreements and resolutions.
9. Joint Declaration on UN-EU Co-opera-
tion in Crisis Management, C/03/266,
New York, 24 September 2003.
10. These include the 2007 Joint Statement Luís Miguel Carrilho
on UN-EU cooperation in crisis mana-
gement, Council of the European Union, Commissioner
Brussels, 7 June 2007. United Nations Police Adviser
21
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS:
FROM COMPETITION TO COORDINATION
NATO SP: A NEW MODEL
OF PEACEKEEPING
NATO STABILITY POLICING: approach. They also support the rity. In this vein, within the NATO
reorganization of State institutions, Stabilization Force (SFOR) in Bo-
A NEW MODEL OF PEACEKEEPING disarmament, demobilization and snia and Herzegovina under the
reintegration activities as well as UN aegis, a new and unique tool
By Giuseppe De Magistris the return of internally displaced was conceived and then deployed
persons (IDPs) and refugees. Over to achieve long-lasting stabili-
Introduction time, peacekeeping operations zation. On August 6th, 1998 the
have evolved from persuading the first Multinational Specialized Unit
Peacekeeping (PK)1 in NATO falls parties to stop fighting and pre- (MSU) deployed; it was and still is2
venting any return to conflicts, into a robust police regimental-size unit
within the wider remit of Crisis Re- missions deeply involved in intra- equipped and trained to carry out
sponse Operations (CROs), whi-
ch effectively address challenges SP OPERATORS, WHO CAN BE EMPLOYED AS
arising mainly from post-conflict PEACEKEEPERS, ARE CHARACTERIZED BY HA-
situations and aim at providing VING A CIVILIAN-ORIENTED, POLICE-LIKE
long-term security to populations. MIND-SET, AND POSSESSING EXPERIENCE
Peacekeeping Operations support AND EXPERTISE IN POLICE MATTERS
weak institutions and local gover-
nments, by preventing the resu- state conflicts to rebuild national a wide span of police and military
mption of hostilities, and involving structures and civil society while tasks across the full spectrum of
other International Organizations, ensuring lasting peace and secu- operations and ranging from the
regional and local, public and
private actors through a 360 de-
gree-inclusive, comprehensive
22
replacement to the reinforcement ment of power to address them safe and secure environment, re-
of Indigenous Police Forces (IPF) to properly. In this regard, it is worth store public order and security, and
restoring the rule of law and pro- noting that the requirement for a contribute to create the conditions
tecting human rights3. This idea in robust policing capability in CROs, for meeting longer term needs with
time evolved into the current con- and consequently PK, was confir- respect to governance and deve-
cept of Stability Policing (SP) and its med by the famous UN Brahimi lopment (especially in the Security
members can be valid contributors report5. Then, in 2016, the NATO Sector Reform - SSR), all signifi-
to PK due to their inherent cha- “Allied Joint Doctrine for Stability cant PK building blocks. In fact, SP
racteristics, particularly their mili- Policing” followed. This publica- contributes with its police-oriented
tary status as well as their civilian- tion defines SP as “police related approach to “Human Security”,
and policing-oriented mind-set. activities intended to reinforce or to the protection of civilians7 and
temporarily replace IPF in order to to a wide array of cross-cutting
SP as a new solution in peaceke- contribute to the restoration and/ topics ranging from Women, Pe-
eping or upholding of the public or- ace and Security and Children in
It was indeed a new model of pe- der and security, rule of law, and Armed Conflict to Conflict-Rela-
acekeeping,
more flexible the protection of human rights”. ted Sexual and
and close-fitting The two SP missions of replacing Gender Based
the needs of the and/or reinforcing the IPF are ap- Violence as
local popula- plicable across the full spectrum of well as Cultural
tion, oftentimes conflicts and crises, hence also in Property Pro-
met by simply PK. If the IPF are unable to carry out tection (CPP).
delivering ba- their duties, SP can monitor, men- In doing so, SP
sic community tor, advise, reform, train or partner helps preven-
policing and with them to improve their perfor- ting countries
empowering mance. Should they be absent or from slipping
members of ci- unwilling to act, SP can temporarily back into tur-
vil society. In replace them6 with the main aim to moil and provi-
fact, this new support the re-/establishment of a des stability for
holistic approa- reconstruction,
ch set conduci- recovery and
ve conditions to development.
addressing the
root causes of SP peacekee-
conflicts, by en- pers
suring the pro- SP operators,
tection of civi- who can be
lians and humanitarian assistance, employed as
as well as re-establishing the rule peacekeepers, are characterized
of law. It was then a natural con- by having a civilian-oriented, po-
sequence to bridge with the MSU lice-like mind-set, and possessing
the so-called “policing gap”, i.e. experience and expertise in police
the capability/capacity enforce- matters. This is of critical impor-
ment void between the policing-re- tance, since they focus on both IPF
lated needs of the Host Nation and the local populace. Hybrid
(HN) populace, and the inability threats8, the crime-war overlap as
or unwillingness of the IPF4 or of well as terrorism and insurgency
other relevant actors (including the (the so-called irregular activities9),
UN) and the NATO conventional, threats to human security and cul-
combat and warfighting instru- tural property, including within PK
scenarios, are significant and likely
23
POS RUN BY UN AND BY REGIONAL ORGANIZATIONS:
FROM COMPETITION TO COORDINATION
to become even more relevant in to inform the interaction with local •Subject Matter training: It
the future. These asymmetric chal- institutions, police and population. is essential for SP peacekee-
lenges require SP members to be - The Protection of Civilians: pers to understand their mis-
flexible and adaptive to overcome a paramount to prevent and mi- sion, tasks and subject matter,
rigid, combat-only response, whilst tigate negative effects on ci- as well as to be familiar with the
SP offers complementary, innova- vilians of military operations. HN legal system, as it may si-
tive and scalable solutions expan- - The SP framework encompas- gnificantly differ from their own.
ding the reach of the military in- ses an understanding of the mis- - CPP embraces a large host of
activities aimed at identifying, re-
strument into the remit of policing. sion, its activities specting and safeguarding sites
The SP peacekeepers’ effectiveness and tasks. It re- and objects of cultural significance
is enhanced by a tailored curricu- quires familiarity as a vital part of people’s identity
lum, which improves interope- with Rule of Law and of importance for all of huma-
rability and, in addition, endows concepts, HN le- nity. In a nutshell CPP protects the
them with a particular set of a cut- gal system and HN heritage. In fact, by preventing,
ting-edge “police-like” skills that NATO relevant deterring and investigating crimes
match the actual needs of the HN policies, doctri- such as iconoclasm, unauthorised
population, including, inter alia: nes and Techni- excavations, looting, forgeries and
- Cultural awareness: an in-depth cal Tactical Pro- fencing, SP operates in the remit of
comprehension of the HN culture cedures (TTPs), policing the civilian populace, hi-
which may differ therto neglected by NATO. SP assets
significantly from identify relevant trafficking routes,
their own. As investigate and bring suspects to
a consequence, the SP pea- justice, the latter often belonging
cekeeper needs to undergo: to Organised Crime or Terrorist
•Procedural training: SP pea- Groups (but also war criminals),
cekeepers must be prepared to as well as disrupt their networks.
be interoperable with, and imple- - Language skills facilitate and
ment, the same TTPs used by the foster daily communication and
supported Force such as combat li- relations with local authorities,
fesaving TTPs, Casualty Evacuation population and Police as well as
(CASEVAC), Counter-Improvised with International Organizations.
Explosive Device (C-IED), Close - Building Integrity provides for
Air Support (CAS) drills, et similia. moral and ethical standards to bu-
ild transparent and accountable in-
“I strongly believe that this article on the Evolution of the Police Interna- stitutions, to promote good gover-
tional Engagement should be of special interest to those who are stu- nance, integrity and transparency.
dying the contemporary aspect of peace operations, as many matters
relevant today actually stem from of the past and the lessons learnt in Conclusions
previous operations. As the author is aware, the end of the Cold War Since its creation, the profile of
also brought the active involvement of the international police not only the peacekeeper has been conti-
in the safeguarding of human rights, but also in the conduct of the nuously adapting to the changing
elections, training of the local police forces, local and central gover- world, evolving and responding to
nance, security sector reform, protection of women/children, etc. Mo- longer-term and complex require-
reover, this period brought about a tremendous increase in the interna- ments of populations and nations
tional police cooperation, training and exchanges - and COESPU was in post-conflict scenarios. History
a pioneer and remains a leader in this regard”. shows how pivotal assisting the HN
Mr. Dmitry Titov, Retd UN Assistant Secretary General in rebuilding war shattered socie-
ties is. A holistic and comprehen-
sive peace-building approach
24
conduct it, if so directed by the North At-
lantic Council (NAC), see also AJP-3.22,
the “Allied Joint Publication for Stability
Policing”
7. NATO Policy for the Protection of Civi-
lians, endorsed at the NATO Warsaw
Summit 8-9 July 2016, paragraph 16
8. A type of threat that combines conventio-
nal, irregular and asymmetric activities
in time and space. NATO Agreed Term
9. The use or threat of force by irregular
forces, groups or individuals, frequently
ideologically or criminally motivated, to
effect or prevent change as a challen-
ge to governance and authority. NATO
Agreed Term
10. Straight translation of the French expres-
sion “soldats de la loi”, which in France
directly refers to the gendarmerie
11. For the purpose of this paper, “gendar-
merie” is intended as “a military force
addresses the most immediate mi- approach requires a reshaped mi- performing civilian law enforcement/
litary and humanitarian concerns, litary strategy that focuses on pro- policing civilians”
as well as longer-term requiremen- viding basic security to local com- 12. “which are the logical first choice” for
ts such as state re-building, SSR, munities preyed upon by criminal any SP asset, as per AJP-3.21 “Allied
strengthening civil society and pro- and insurgents (typically financed Joint Doctrine for Military Police” para
moting social reintegration. From by illegal revenues). Indeed, by 2.6.3
its very first CRO experience in filling the public security gap and
Bosnia, and then in Kosovo, to the by refocusing the Force’s centre of Disclaimer: this paper is a product of the
Article-5 operation in Afghanistan, gravity accordingly, governance NATO Stability Policing Centre of Excellen-
NATO has changed its approach improves, and alternative, legal li- ce and its content does not reflect NATO
to military interventions in desta- velihoods thrive. As public support policies or positions, nor represent NATO
bilized countries by realizing that and the battle of narratives are in any way, but only the NSPCoE or au-
from a human security perspecti- won by the Alliance, the outlook thor(s) depending on the circumstances.
ve, post conflict strategies must not of NATO’s success is significant-
only include a guarantee of secu- ly enhanced, ensuring long-term
rity, but - to protect civilians and to peace, security and development.
pave the way for longer reconcilia-
tion endeavours – they also have PICTURES:
to provide humanitarian relief, bu- NATO-led NTM-A Mission (training ANP and
ilding social capital, nurturing the ANCOP)
reconciliation and coexistence of
divided communities and restoring 1. “A peace support effort designed to
governance. In this vein, the NATO assist the implementation of a ceasefire
SP peacekeeper strives for building or peace settlement and to help lay the
peace by virtue of his/her expertise foundations for sustainable peace. Note:
in law enforcement within a mili- Peacekeeping is conducted with the
tary framework, the so-called “sol- strategic consent of all major conflicting
diers of the law10”, definition that parties.” NATO Agreed
somehow symbolizes all the Gen- 2. Currently deployed within the NATO
darmerie-type forces11, which ad- Kosovo Force (since 10 June 1999)
ditional value lies in their flexibility 34.. See AJP-3.22
to deliver a military capability fo- IPF, “Local police”, “Host Nation Police
cused on the police-related needs Forces” and “Law Enforcement Agency”
of the local population12. This mul- are all understood as having the same
ti-pronged, innovative and 360° meaning
5. 13 November 2000, https://www.
un.org/en/events/pastevents/brahi-
mi_report.shtml
6. MC 362/1 and MC 362/2 infer that Giuseppe De Magistris
civilian law enforcement is not a NATO
function, but NATO may support or Col. - Italian Carabinieri
NATO SP COE Director
25
POS POLICING IDP/REFUGEE CAMPS
PEACE OPERATIONS:
THE ROLE OF UN POLICE IN IDP
Peace Operations: The Role of VID-19) pandemic has exacerba- considering the normative evo-
United Nations Police in Internal- ted vulnerabilities of the least pro- lution of the POC concept as it
ly Displaced Persons and Refugee tected in societies, including the relates to our work and by pro-
camps and Protection of Civilians elderly and persons with pre-exi- viding a number of case studies.
Sites sting medical conditions; women
and children with reduced access Learning the hard way
By Luís Miguel Carrilho to health care and livelihoods, Hard lessons learned from the
or of increased risk for dome- experiences in the Balkans, Libe-
Introduction stic and gender-based violence; ria, Rwanda and Somalia called
persons with disabilities facing for urgent and concerted interna-
United Nations Police (UNPOL) challenges to attain the services tional action to protect civilians
and support to which they are more effectively. In 1999, the Uni-
play a key role in protecting in- entitled2; and the 79.5 million (or ted Nations Security Council ad-
ternally displaced persons (IDPs) one per cent of the world’s po- ded POC to its agenda and set
and refugees, who are increa- pulation) forcibly displaced pe- overall parameters that still hold
singly concentrated in or around ople around the world, who are true today: (i) enhancing com-
the settings we serve. Forced di- often living in overcrowded camps pliance with applicable interna-
splacement stands at a record and settlements with inadequa- tional law and relevant Security
high as we approach the 70th te sanitation and health services3. Council decisions in the conduct
anniversary of the 1951 Con- In this article, I lay out the in- of hostilities; (ii) facilitating ac-
vention Relating to the Status of teraction between UNPOL and cess to humanitarian assistance;
Refugees and the 60th anniver- IDPs and refugees through a pro- (iii) protecting forcibly displaced
sary of the 1961 Convention on tection of civilians (POC) lens4 by persons, women and children; (iv)
the Reduction of Statelessness.1
The coronavirus disease (CO-
26
responding to violations through ved: from more static monitoring Currently, 95 per cent of our
targeted measures and the pro- activities of host-State police ser- UNPOL personnel operate in
motion of accountability; and (v) vices and other law enforcement missions under a POC man-
providing protection through Uni- institutions -- for example, when date12 in settings that also host
ted Nations peace operations.5 we first deployed to the Democra- large numbers of forcibly di-
Recognizing the central role of tic Republic of the Congo 60 ye- splaced persons and refugees.13
UNPOL at the front lines of POC, ars ago and in the Balkans in the
the Security Council, in its first such early to mid-1990s6 -- to more En route to professionalization
resolution, “underlined the im- pronounced, proactive engage- Our SGF, a continuously evolving
portance of [UNPOL] as a com- ments through capacity building body of standardized guidance on
ponent of peacekeeping opera- and development and operatio- United Nations policing develo-
tions” and “recognize[d] the role nal support to host-State counter- ped by the United Nations Police
of [UNPOL] in assuring the sa- parts by the late 1990s7. Throu- Division with Member States, the
fety and well-being of civilians”, ghout, our core functions remain: African Union, European Union,
along with other important actors. 1. Prevention, detection and inve- Organization for Security and
stigation of crime; Co-operation in Europe, INTER-
“Underlines the importance of [ci- 2. Protection of persons and pro- POL, the International Association
vilian] police as a component of perty; and of Chiefs of Police, United Nations
peacekeeping operations, recogni- 3. Maintenance of public order Agencies, Funds and Program-
zes the role of police in assuring the and safety.8 mes and leading members of the
safety and well-being of civilians” Our work is entrusted to current- Global Police Policy Community
ly more than 11,000 civil servants serves as the unifying platform of
Security Council resolution 1265 who are members of police or other our diverse workforce. Its 2014
(1999) paragraph 15 law enforcement agencies of natio- Policy on United Nations Police
nal, regional or local governments in Peacekeeping Operations and
The POC Lens: Working with from 94 Member States. Through Special Political Missions recogni-
internally displaced persons and the Strategic Guidance Framework zes that the protection of civilians
refugees for International Policing (SGF), is a mandated task that requires
When we think of UNPOL in pea- UNPOL operate in adherence to concerted action from all mission
cekeeping operations and special the rule of law9 and have the obli- components14 and establishes that
political missions (peace opera- gation to respect and protect hu- UNPOL components closely align
tions) or other contexts, many im- man rights10. Our UNPOL are the their efforts with missions’ overall
mediately envision us operating driving force behind our mission, protection of civilians strategies.
in a post-conflict setting with the which is to “enhance international Recommending that peacekeeping
aim to engage in protection whi- peace and security by supporting missions first seek to prevent di-
le seeking to stabilize the security Member States in conflict, post splacement by addressing threats
situation. This includes working conflict and other crisis situations at their origin, the 2019 Policy on
with IDPs and refugees, who are to realize effective, efficient, re- the Protection of Civilians in Pea-
often particularly vulnerable seg- presentative, responsive and ac- cekeeping Operations15 establishes
ments of the societies we serve, countable police services that ser- that missions may seek to ensure
through a community-oriented ve and protect the population”11. the protection of displaced popu-
policing approach. Our POC ef- lations during flight, in refugee or
forts are far more wide-ranging, “Supporting Member States in con- IDP camps or settlements, or upon
starting with helping to prevent flict, post conflict and other crisis return to their places of origin.
conflict in the first place, rather situations to realize effective, effi- The 2017 Guidelines on the Role
than just responding after the fact. cient, representative, responsive of United Nations Police in the Pro-
Over the past 20 years, both the and accountable police services that tection of Civilians (under review)
POC framework and the nature serve and protect the population.” reiterate that protecting civilians is
of United Nations policing have a task for all categories of United
changed significantly. United Na- The Mission of United Nations Nations Police officer16 and give
tions policing has equally evol- Police
27
POS POLICING IDP/REFUGEE CAMPS
direction on the role of UNPOL the mission has insufficient military rangements in and around the si-
in all three tiers of protection of or police capacity to secure a site te(s) and maintain its civilian and
civilians, namely: dialogue and outside the mission compound, humanitarian character; (iv) par-
engagement; physical protection; in ‘protection of civilian sites’ wi- ticipate in joint patrols that may
and establishment of a protective thin existing mission premises. include POC advisers, child pro-
environment, and across the four Each of these require UNPOL to tection advisers, women protection
phases of prevention, preemption, play a role. Where IDPs are loca- advisers, human rights, etc. as well
response and consolidation. The ted in areas adjacent or close to as military and police, where ne-
scenarios in which UNPOL are existing mission premises, UNPOL cessary, to facilitate civilians’ ga-
expected to protect civilians vary will likely be required to maintain thering of firewood, water or food,
greatly in terms of the authori- public security amongst the IDPs, or access to markets or services,
ty granted to them, the degree of if possible in conjunction with in consultation with the communi-
host-State police capability and host-State police. However, it is im- ty, UNHCR, local authorities and/
presence, and the extent to which portant to recognize that the role of or camp management, and with
the government itself constitutes a UNPOL goes beyond simple facili- translation support, as required;
threat to civilians. In this regard, the tation of the work of the host-State and (v) help delineate responsibi-
Guidelines provide some direction police to that of a protective pre- lities with United Nations military
on the protection of IDP, refugee sence. Where civilians are within personnel in line with the 2019
Guidelines on Com-
and returnee
sites, camps HARD LESSONS LEARNED FROM THE EXPE- bined Military and
or settlements. Police Coordination
They note that RIENCES IN THE BALKANS, LIBERIA, RWANDA Mechanisms in Pea-
UNPOL “may AND SOMALIA CALLED FOR URGENT AND ce Operations, with
be required to the military only
contribute to CONCERTED INTERNATIONAL ACTION TO providing security
security in and PROTECT CIVILIANS MORE EFFECTIVELY outside of the IDP/
around sites, refugee site(s) except
where host-State police is present United Nations premises, given the when faced with an imminent thre-
as a support function, or where inviolability of such premises, UN- at to the population, and police
the latter is either ineffective or not POL will be required to indepen- entering IDP/refugee sites, in coor-
trusted and the cooperation betwe- dently maintain public security, in- dination with civilian components
en UNPOL and host-State police cluding through detentions where of the mission and the IDP/refugee
colleagues may be problematic.” necessary in line with the directive community, in consultation with
on the use of force and complian- UNCHR and local authorities and/
ce with the Interim Standard Ope- or camp management. Projection,
Protecting Internally Displaced rating Procedures on Detention in through an integrated civilian, mi-
Persons and Refugees17
The 2019 Policy and the 2020 United Nations Peace Operations. litary and police presence, formed
Protection of Civilians in United UNPOL should actively (i) partici- police unit (FPU) patrols, military/
Nations Peacekeeping Operations pate in joint assessments on the police patrols, or military patrols is
Handbook set out priorities for the threats facing displaced popula- to be preferred, bringing protection
provision of physical protection in tions and risks of various options, to civilians rather than requiring
areas of displacement: (i) outside (ii) provide inputs to planning as- them to displace to or near United
United Nations premises, including sumptions and, together with the Nations premises for safety. United
in IDP, refugee and returnee sites, military, on respective abilities to Nations Police should assist in the
camps or settlements or with host protect civilians under the various identification of risks and measu-
communities; (ii) in areas adjacent situations, (iii) coordinate with IDP/ res to minimize or eliminate them.
or close to existing mission premi- refugee representatives, natio- Building on General Assembly
ses identified for that purpose; and nal police and military, as well as Resolution A/RES/49/37 (1995),
(iii) in extremis, including due to UNHCR and camp management according to which Member Sta-
a lack of preparedness or where partners to establish security ar- tes have the responsibility for the
28
delivery of pre-deployment trai- between Twa and Baluba, particu- shift settlements and congested
ning for uniformed personnel de- larly in the Manono-Nyunzu terri- quarters and are confronted with
ploying to United Nations opera- tories, made Tanganyika province criminal activity, including sexual
tions, the Secretariat developed a major IDP hub, hosting at one and gender- based violence, and
United Nations Pre-deployment point more than 95,000 IDPs at 14 retaliatory attacks by rival groups.
Training Standards, which compri- sites. In Ituri, following the confli- While sites are managed by the
se core pre-deployment materials ct between Lendu and Hema and United Nations High Commissio-
containing lessons related to the armed group activities, more than ner for Refugees (UNHCR) and the
protection of civilians, including 235,000 IDPs continue to stay in International Organization for Mi-
child protection
and conflict-re- 87 sites, located in Djugu, Irumu, gration (IOM) under
lated sexual vio- Mahagi and Bunia. Furthermore, the Cluster Approach,
lence, as well the territories of Fizi and Uvira host UNPOL efforts fo-
as specialized about 40,000 Burundian refugees, cus on concentration
training mate- some of whom fled to Minembwe points and include
rials, namely the as a result of intercommunal cla- physical protection in
United Nations shes involving Banyamulenges, and around the sites
Comprehensive Banyindu, Babembe and Bafu- and camps within
Protection of Ci- lero in Lusenda and are facing their area of respon-
vilians for Police exceptionally dire circumstances. sibility through day
for police-contri- In many instances, IDP and refu- and night patrolling.
buting countries, gee communities live in make- To this end, MO-
which includes NUSCO Police con-
exercises and ducted 239 such pa-
scenario-plan- trols in Kalemie, 158
ning for different in Bunia and 159 in
personnel types. Uvira between Ja-
Making a diffe- nuary and June 2020
rence alone, which helped
A multi-faceted deter systematic at-
response to IDP tacks by rival groups
and refugee and instilled a sense
protection: the of security amongst
Democratic IDPs. To facilitate dia-
Republic of the logue and engage-
Congo ment (tier I), as well
Armed groups as a sustainable pro-
activities and tective environment
intercommunal conflict in the pro- (tier II), MONUSCO
vinces of Tanganyika, Ituri and the Police, together with the Police na-
two Kivus have resulted in massi- tionale congolaise (PNC), under-
ve population displacements since takes community-oriented policing
the early 1990s to other localities in the Kalemie, Bunia and Uvira
perceived to be safer. This has IDP camps. Daily interactions with
led to the proliferation of IDP si- respective communities enable the
tes in Ituri and Tanganyika, some PNC and MONUSCO Police to
of which are beyond the reach of maintain oversight on vulnerable
humanitarian actors due to inac- persons and prevent exploitation.
cessibility and ongoing violence. For example, suspicions or inciden-
For example, inter-ethnic clashes ts of sexual and gender-based vio-
lence (SGBV) are closely monitored
29
POS POLICING IDP/REFUGEE CAMPS
by the MONUSCO Police Gender military are responsible for the ou- POC sites, UNMISS Police facilitate
and Child Protection Officers who ter perimeter security, and UNDSS information-sharing meetings with
interact with communities at risk for safety and security of United community leaders on responses
on a regular basis. When it comes Nations personnel working within to security incidents and promote
to supporting an enabling environ- the sites. Collaboration between active community involvement in
ment, MONU- UNPOL HAVE A BROAD ROLE WORKING WITH curtailing criminal
SCO Police are activity. Further,
monitoring the IDPS AND REFUGEES, INCLUDING IN THE through commu-
humanitarian si- AREA OF POC nity-oriented po-
tuation and issue
licing, UNMISS
alerts on infringe- Police conduct cri-
ments of human rights. This aspect UNMISS Police and Community me prevention and trust-building
is particularly important when the Watch Groups comprised of IDPs is activities in sites focusing prima-
residents of aforementioned sites essential for promoting and enfor- rily on radicalized youths. Throu-
opt for or ask to voluntarily return cing site rules through joint foot pa- gh gender-responsive, confidence
to their place of origin. In these in- trols, reporting on disputes among and trust-building programmes,
stances, MONUSCO Police assess IDPs, the sensitization of IDPs to UNMISS Police also initiated spor-
and report on whether the condi- safety messages, and support to ts and recreational activities for
tions of voluntary return are met. the Informal Mediation and Dispu- IDPs to mobilize and bring to-
te Resolution Mechanism, which gether communities, as well as
A partnership approach to IDP resolves minor breaches of camp generate livelihood opportunities.
protection: the case of South rules and offences. UNMISS Police
Sudan respond to serious breaches of se- Enabling safety and security:
Since the political crises and out- curity or criminal cases, which may the case of the Central African
breaks of violence in December result in expulsion or handover of Republic
2013 and subsequently in 2016, suspects to the local authority after Decades of strife, coupled with
which divided South Sudan along careful consideration of each case. the latest crisis igniting in 2013,
ethnic grounds, claimed thou- UNMISS Police prevent and re- when the primarily Muslim coa-
sands of lives and caused massive spond to threats of physical vio- lition of armed groups, Séléka,
displacements, the United Nations lence to IDPs residing in the sites, installed its leader as president,
Mission in South Sudan (UNMISS) irrespective of their sources, while have contributed to more than a
has been providing protection to ensuring the civilian and humani- million people, or 20 per cent of
around 200,000 IDPs in five POC tarian nature of the sites through the Central African Republic’s po-
sites on UNMISS premises in Juba, a range of activities, including FPU pulation, being displaced, about
Malakal, Bentiu, Bor and Wau. patrols (tier II) and community en- half as IDPs and half as refuge-
The overall responsibility for ma- gagement activities by individual es. While UNHCR and IOM are in
nagement of the protection of ci- police officers and the Speciali- charge of the management of IDP
vilians sites rests with the Mission’s zed Police Team on SGBV (tier I). sites MINUSCA Police supports the
Relief Reintegration and Protection Complementary to access control Internal Security Forces in ensuring
Section. UNMISS Police are re- duties, patrols, cordon and search security within 30 IDP sites under
sponsible for the safety and securi- operations, UNMISS Police deter the Mission’s area of responsibility.
ty of IDPs within such sites with the and mitigate violence against civi- Specifically, since their arrival in
support of the Mission’s military lians in the sites and beyond throu- 2015, MINUSCA Police have sup-
component and the United Na- gh sensitization workshops on con- ported the international communi-
tions Department for Safety and flict management, reconciliation, ty’s assistance efforts to redeploy
Security (UNDSS). To this end, UN- social cohesion, sexual violence, and restore state authority. Specific
MISS Police are in charge of access human rights, and the promotion activities have included (i) ensuring
controls and the safety and security of the role of women, leaders, and security in IDP sites and enforcing
of IDPs within and outside the im- youths in peacebuilding. To rein- respect for their civilian huma-
mediate periphery of sites while the force the civilian character of the nitarian character by prohibiting
30
the presence of firearms including 1. UNHCR, Global Forced Displacement Charles Hunt, “To Serve and Protect:
through regular sensibilization Trends 2019, page 6, https://www. The Role of UN Police in Protecting
campaigns; (ii) the creation of 19 unhcr.org/5ee200e37.pdf Civilians”, https://theglobalobservatory.
temporary police stations in 11 IDP 2. Report of the Secretary-General to the org/2019/09/to-serve-and-protect-the-
camps in Bangassou, Kaga-Ban- Security Council, “The Protection of Civi- role-of-un-police-protecting-civilians/ 20
doro, Ndele and Bambari, which lians in Armed Conflict”, (S/2020/366), September 2019.
are helping facilitate trust between 6 May 2020. 13. DRC: 6.4 million forcibly displaced per-
the ISF and IDP populations whi- 3. UNHCR Figures at a Glance https:// sons and 800,000 refugees; Afghanistan
le contributing to early warning, www.unhcr.org/en-us/figures-at-a-glan- 5.9 million forcibly displaced persons
(iii) dialogue through communi- ce.html 30 June 2020. and 2.7 million refugees; Colombia 5.8
ty-oriented policing between IDP 4. The Security Council has affirmed the million forcibly displaced persons; Yemen
communities to increase social central role of the protection of civilians 3.7 forcibly displaced persons; South
cohesion and the peaceful resolu- in the work undertaken by United Sudan 3.9 forcibly displaced persons and
tion of disputes, and (iv) joint pa- Nations police in its resolutions 2382 2.2 million refugees; Iraq 2.2 million
trols with the ISF and the military, (2017, paragraph 6) and 2185 (2014, forcibly displaced persons; Somalia
including for example in Batan- paragraph 17). 900,000 refugees; Sudan 700,00 refu-
gafo last September to facilitate 5. Security Council resolution, “Protection gees; Central African Republic 600,000
humanitarian relief activities and of Civilians in Armed Conflict”, (S/ refugees. Global Trends of Forced Di-
help reverse the trend of insecurity, RES/1265), 17 September 1999. splacement in 2019 https://www.unhcr.
as highlighted in the March 2020 6. United Nations Protection Force (UN- org/globaltrends2019/
report of the Inter-Cluster Coor- PROFOR) between 1992 and 1995 with 14. With further details on military-police
dination Group. During momen- authorized 803 UNPOL, followed by cooperation in the protection of civilians
ts of crisis, MINUSCA Police have United Nations Transitional Administra- reflected in the 2019 Guidelines on
also managed IDP sites, including tion for Eastern Slavonia, Baranja and Combined Military and Police Coordina-
for example, in Birao and Ndele Western Sirmium (UNTAES) from 1996 tion Mechanisms in Peace Operations.
earlier this year, when more than to 1998 with 404 authorized UNPOL, 15. 2019 Policy on the Protection of Civilians
35,000 persons were displaced. United Nations Preventive Deployment in Peacekeeping Operations , 1 Novem-
Force (UNPREDEP) in Macedonia from ber 2019.
Conclusion 1995 to 1998 with 26 authorized 16. From Heads of Police Components
As illustrated in this article, the UNPOL, and the United Nations Confi- (HOPCs) and other officers on professio-
interaction between UNPOL and dence Restoration Operation in Croatia nal posts, to all Individual Police Officers
IDPs and refugees varies greatly. (UNCRO) from 1995 to 1996with 296 (IPOs) and formed units including
UNPOL have a broad role working authorized UNPOL. formed police units (FPUs), protection
with IDPs and refugees, including 7. These paved the way for more active and support units (PSUs) and specialized
in the area of POC. In this re- engagements, including training and teams, to civilian experts deployed within
gard, integrated and coordinated vetting in United Nations Mission in police components to all staff in the
responses between civilian, inclu- Bosnia and Herzegovina (UNMIBH) from Police Division.
ding humanitarian and human ri- 1995 to 2002 with 1,721 authorized 17. The text of this box is directly derived
ghts personnel, military and police UNPOL, and the executive mandate from the 2017 POC Guidelines, the
components in peace operations in United Nations Mission in Kosovo 2019 POC Policy, and the 2020 POC
continue to be essential to effecti- (UNMIK) from 1999 to present with 10 Handbook.
vely protect displaced persons. authorized UNPOL.
8. Report of the Secretary-General on
PICTURES: United Nations policing S/2016/952
-UNPOL paragraph 7, 10 November 2016.
9. The rule of law refers to “a principle of
governance in which all persons, insti-
tutions and entities, public and private,
including the State itself, are accoun-
table to laws that are publicly promulga-
ted, equally enforced and independently
adjudicated, and which are consistent
with international human rights norms
and standards” (see S/2004/616, para.
6).
10. Including police, gendarmerie, customs,
immigration and border services, as
well as related oversight bodies, such as
ministries of the interior or justice.
11. Report of the Secretary-General on
United Nations policing, S/2016/952,
paragraph 8, 10 November 2016.
12. Missions with a protection of civilians
mandate are: UNAMID, MONUSCO,
UNMISS, UNISFA, MINUSMA, MINU- Luís Miguel Carrilho
SCA, and UNIFIL. Previous missions:
UNAMSIL, MONUC, UNMIL, ONUB, Commissioner
UNOCI, MINUSTAH, MINUJUSTH. United Nations Police Adviser
31
POS POLICING IDP/REFUGEE CAMPS
WHERE ARE THE WOMEN?
A CRITICAL ANALYSIS OF THE “UN ZERO rights perspective, observing if and tner violence (IPV), and less on wi-
TOLERANCE POLICY” ON SEXUAL EXPLOI- how women are represented in the der forms of VAWG, such as so-
TATION AND ABUSE UN narrative. Indeed, looking at cioeconomic harms. Moreover, as
the whole policy and particular- a result of the UN Security Council
By Sofia Sutera ly at the data being collected, a resolutions (UNSCRs) constituting
question which arises quite expli- the WPS agenda, particularly UN-
Abstract: citly is: “Where are the women?” SCR 1325 (2000), 1820 (2008),
1888 (2009), 1960 (2010), 2106
The aim of this paper is to critically Keywords: Sexual Exploita- (2013) and 2467 (2019), pea-
tion and Abuse, Peacekee- cekeeping missions are increa-
reflect on the approach of the UN ping Operations, Women’s singly being specifically manda-
to the scandal of sexual exploitation Human Rights, UN Zero Toleran- ted to address sexual violence.
and abuse in peacekeeping ope- ce Policy, Feminist perspective The UN Zero Tolerance Policy, whi-
rations by analysing the non-inclu- ch arose in the context of sexual
sion of women in the “UN Zero To- 1.Introduction and Methodology exploitation and abuse (SEA) in
lerance Policy”. While the UN has Conflict-related Violence against peacekeeping operations (PKOs),
moved towards a victim-centred Women and Girls (VAWG) has is surely an attempt to realize a
approach, acknowledging how been the focus of increasing at- global public policy in framing
women are particularly affected by tention in these last decades, in this issue inside the larger per-
this scourge, this inquiry is commit- particular as a tactic of war, with spective of a new and different
ted to a specific women’s human a specific emphasis placed on approach to women and security
sexual violence and intimate par- in humanitarian crisis and confli-
32
cts (Neudorfer 2014). According represented in the UN Zero Tole- between domination and em-
to the definition of Stone and Ladi, rance narrative. Indeed, looking at powerment, between power and
global (public) policy refers to the whole policy, a question which counterpower” (Allen 1999 as in
arises quite explicitly is: Where are Kantola and Lombardo 2017, 1).
A set of overlapping but disjointed the women?2 Not only the num- The UN Zero Tolerance Policy re-
processes of public–private deli- bers lack but also any discussion presents a clear expression of how
beration and cooperation among about the discriminations expe- power relations within UN bodies
both official state-based and in- rienced by women and the structu- re-produce the dominant patriar-
ternational organizations and res of socioeconomic inequality, chal discourses on women and
nonstate actors around establi- which fuel insecurity and violence. sexual exploitation in armed con-
shing common norms and policy Undoubtedly, it is important to flict and humanitarian crisis, wi-
agendas (Stone and Ladi 2015, 2). consider the whole range of wo- thout considering how the sexual
men’s rights’concerns, including division of labour and the use of
Taking into account the shi- VAWG in all its forms and the women’s bodies - their sexuali-
ft towards a victim-centred ap- structures of socio-economic ine- ty or their reproductive functions
proach in the official UN stance quality, when seeking a sustai- – determine the ‘naturalization
against SEA, which does not imply nable, positive peace for the entire of women’s exploitation’ by me-
a reflection on the deeply gende- international community, in col- ans of gender based violence.
red paradigms of peacekeeping laboration with both military and
and collective security, the focus of civilian staff. Feminist scholarships 2. The development of the UN
this analysis is on IN 2016, THE GENERAL ASSEMBLY DEMAN- Zero Tolerance
observing how the Policy
failed authentic in- DED “THAT ALL PEACEKEEPING OPERATIONS P a r t i c u l a r l y,
clusion of women the wars of the
in the UN policy IMPLEMENT FULLY THE UNITED NATIONS 1990s in the for-
concretely impacts POLICY OF ZERO TOLERANCE OF SEXUAL mer Yugoslavia
the human rights of played a funda-
the victims of SEA. EXPLOITATION AND SEXUAL ABUSE IN UNI- mental role in fa-
Indeed, the per-
TED NATIONS PEACEKEEPING OPERATIONS” vouring the entry
petuation of stere- of the issue of
otyping language in these docu- affirm that women experience con- VAWG in the international political
ments removes women’s agency tinuums of gendered harm from arena. Feminists arguments were
and maintains them in the su- conflict to peace and from pu- employed with the aim of suppor-
bordinated position of victims. As blic to private spheres (Cockburn ting international police operations
a result, women are not seen as 2004; Moser and Clark 2001). and the role of the Security Coun-
actors and agents of change in In order to try to address this query, cil as necessary to protect women,
post-conflict environments but “as it is necessary to further explo- mostly from sexual violence, and
sexual violence problem-solving re the UN Zero Tolerance Policy, promote their rights. By creating
forces” in PKOs (Simić 2010, 188). an endeavour carried out by me- a transnational advocacy network
A “noteworthy aspect of the Se- ans of a critical discourse analy- (Rolandsen Agustin 2013), femini-
cretary-General’s victim-centred sis (CDA), which puts its focus on sts demanded the equal participa-
strategy is the requirement ‘to power relations and it is ‘critical’ tion of women and men in confli-
view sexual exploitation and abu- because it aims “to contribute ct-related decision-making and the
se through a human rights lens’” to social change along the lines adoption of measures to prevent
(Oswald 2016, 156). At the same of more equal power relations in the many adverse effects of war
time, though, acknowledging how communication processes and on women (Heathcote 2011). The
SEA specifically impacts women1, society in general” (Jorgensen conflicts in these territories were
this inquiry is committed to a wo- and Phillips 2002, 63-64). Parti- also decisive with respect to the
men’s human rights perspective, cularly, feminist theorists defined development of an international
observing if and how women are power as “the dynamic interplay criminal law perspective regarding
33
POS POLICING IDP/REFUGEE CAMPS
crimes against women and more context of the specific UN policy: based on inherently unequal power
generally to the development of dynamics, undermine the credibili-
a women’s human rights discour- The term ‘sexual exploitation’ me- ty and integrity of the work of the
se (Murphy and Månsson 2006). ans any actual or attempted abuse United Nations and are strongly di-
Simultaneously, though, since the of a position of vulnerability, diffe- scouraged (UN Secretary-General
1990s allegations of SEA by UN pe- rential power, or trust, for sexual 2003, para.3.2)
acekeepers started to emerge (Ka- purposes, including, but not limited Moreover, in 2016 the Securi-
netake 2010, 200; Oswald 2016, to, profiting monetarily, socially or ty Council adopted the Resolu-
144; Mudgway 2017, 1454). politically from the sexual exploita- tion 2272, dealing exclusively
While since 1999 the UN Security tion of another. Similarly, the term with SEA by peacekeepers and
Council has finally mandated every ‘sexual abuse’ means the actual or underlining that SEA by UN pea-
multidimensional UN PKO to use threatened physical intrusion of a cekeepers undermines the imple-
force in defence of the civilian po- sexual nature, whether by force or mentation of peacekeeping man-
pulation under Chapter VII of the under unequal or coercive condi- dates, as well as the credibility of
UN Charter; it has taken a clear tions (UN Secretary-General 2003) the whole UN peacekeeping (UN
stance against SEA, acts which se- Security Council 2016, Pream-
riously affect the local population, In Section 2 ‘Scope of application’, ble), while representing unaccep-
only in 2003 thanks to UN Secre- the same document specifies that table forms of serious miscon-
tary General Kofi Annan’s Bulletin acts of SEA are prohibited and duct (UN Security Council 2016).
on special measures for protection in Section 3 the Secretary-Ge- In the same year, the General As-
from sexual exploitation and neral recognizes that SEA viola- sembly demanded “that all pea-
sexual abuse (ST/SGB/2003/13) te international legal norms and cekeeping operations implement
which introduced the UN Zero To- standards (UN Secretary-Gene- fully the United Nations policy of
lerance Policy that requires both ral 2003, para.3.1) and he as- zero tolerance of sexual exploi-
zero complacency in fully investi- serts that in order to protect the tation and sexual abuse in Uni-
gating allegations and zero im- most vulnerable populations, ted Nations peacekeeping ope-
punity in case of substantiated al- especially women and children rations” (UN General Assembly
legations (Kanetake 2010, 200). (a) Sexual exploitation and sexual 2016, para.70). Furthermore, the
Not only, though, it required more abuse constitute acts of serious mi- Secretary-General has issued a
than a decade for the UN to adopt sconduct and are therefore grounds Report on ‘Special measures for
a clear response to SEA, but in for disciplinary measures, including protection from sexual exploita-
2005 the Zeid Report (UN Ge- summary dismissal; tion and sexual abuse’ since 2004,
neral Assembly 2005), issued by (b) Sexual activity with children in compliance with General As-
the then Personal Adviser to the (persons under the age of 18) is sembly resolution 57/306 of 15
UN Secretary-General, confirmed prohibited regardless of the age of April 2003. The last Report was
a culture of sexual exploitation majority or age of consent local- published on 17 February 20203.
in UN peacekeeping (Mudgway ly. Mistaken belief in the age of a The policy adopted by the UN has
2017, 1454) and still in 2015 child is not a defense. a very broad and comprehensive
the report completed by a special (c) Exchange of money, employ- approach which has been critici-
panel to investigate allegations ment, goods or services for sex, zed for a lack of proper legal cla-
of SEA in the Central African Re- including sexual favours or other rity. For example, Jennings argued
public by peacekeepers stressed forms of humiliating, degrading or that the policy displays a “one size
the UN “institutional failure to re- exploitative behaviour, is prohibi- fits all” approach to sexual acts
spond immediately and effectively ted. This includes any exchange of and relationships in peacekeeping
to incidents of sexual violence” assistance that is due to beneficia- missions which undermines its le-
(UN Secretary-General 2016, 5). ries of assistance. gitimacy, “as moral equivalency is
Looking at the text of the 2003 (d) Sexual relationships between being drawn between consensual
Bulletin, the Section 1 contains United Nations staff and benefi- and non-consensual, even violent-
the definitions of sexual exploi- ciaries of assistance, since they are ly abusive sex” (Jennings 2015).
tation and sexual abuse in the It is important to distinguish more
34
clearly and systematically betwe- All these elements are framed in even if in a context characterized
en sexual exploitation and sexual a way which constructs a response by “extreme deprivation, despera-
abuse even if these conducts are characterized by a negative idea tion and insecurity”, where social,
related to each other. As a mat- of sexuality in all its aspects rather familial and economic structures
ter of fact, the use of the umbrella than by the political will to address are destroyed and thus can create
term SEA conflates multiple issues the human rights violations and situations of dependency (Westen-
contingent on a specific context the individual/social vulnerabilities dorf and Searle 2017, 371-372).
and country. Sexual
abuse and sexual that armed conflicts and humani- 3. The UN Zero Tolerance Policy:
exploitation may be tarian crisis exacerbate. Indeed, towards a victim-centred appro-
the result of very dif- while the UN stresses that in some ach
ferent behaviours countries women can be trafficked In June 2015, the Secretary-Gene-
and motivations, and forced to work in the com- ral appointed an independent pa-
requiring different mercial sex industry, and thus that nel to review SEA allegations made
types of prevention buying sex can further human traf- against peacekeeping forces ser-
strategies, policy ficking and organized crime (UN ving in the Central African Repu-
solutions, and san- 2019b), there is no consideration blic, which recommended that SEA
ctions or penalties. for the reality of prostitution as should be treated as human rights
In other words, the ‘survival sex’ or a way of supple- violations and the response to alle-
risk of these um- menting low family income or the gations should be within the UN’s
brella terms could low wages paid to women. In fact, human rights framework (Mud-
be that of obscu- transactional sex can involve some gway 2017, 1453; Oswald 2016,
ring significant level of agency and negotiation
differences in the
form, function and
causes of the beha-
viours they encom-
pass (Westendorf
and Searle 2017).
Indeed, this di-
scourse utilizes
over inclusive bro-
ad definitions of
sexual exploitation
and sexual abu-
se, which include consensual sex
between peacekeepers and local
people, and is justified in terms
of protecting women (indeed the
policy recurs to the old conflation
of women and children as the
quintessentially vulnerable group)
and does not permit to distingui-
sh between legal consensual sex
and serious criminal offences of
a sexual nature. Similarly questio-
nable is the adoption of the age of
18 as the age of consent in sexual
relationships and the hetero-nor-
mativity dimension (Otto 2007a).
35
POS POLICING IDP/REFUGEE CAMPS
151). Among its recommenda- cus on human rights is crucial as, social and cultural structures and
tions, it asked for a trust fund to contrary to humanitarian law, this as being an expression of the hi-
be established to provide specia- framework applies both in peace- storic subordination of women,
lized services to victims of confli- time and during conflict, while in- social and economic inequalities,
ct-related sexual violence, which dividuals are rightsholders under and cultural justifications; it is thus
was indeed arranged in 2017. international human rights, thus not just a private issue between in-
In the same year, with the announ- states are directly and legally re- dividuals, but a public issue requi-
cement that “First, the United Na- quired to protect and respond to ring state action (Mudgway 2017,
tions will elevate the voice of victims rights violations whether commit- 1460) as stated also in the Report
themselves and put their rights and ted by state and non-state actors of the Secretary-General on all
dignity at the forefront of our effor- (Mudgway 2017, 1459-1460), on Forms of Violence against Women
ts” (UN General Assembly 2017, the other hand the parallel focus of 2006 (UN General Assembly
para.13), the official discourse on women only as victims remove 2006, particularly paras 65-92).
started putting a particular em- any consideration of their agency. Still in 2017, the Committee on
phasis on victims. Indeed, the Se- Moreover, the 2017 Report expli- the Elimination of Discrimination
cretary-General expressed his in- citly recognized SEA as a form against Women5, published the
tention to appoint a victims’ rights of sexual violence, as well as, general recommendation (GR)
advocate, required to collaborate in some circumstances, of gen- n. 35 on gender-based violence
with local authorities and civil so- der-based violence (GBV) that can against women which introduces
ciety organizations and to be assi- be contrasted by promoting gen- an intersectional approach by un-
sted by special victims’ rights advo- der balance and women’s em- derlining how women’s lives may
cates in the field (particularly in the powerment, in order to counteract be affected adversely by many
four PKOs with the highest num- the conditions that can give rise aspects of contemporary life, inclu-
bers of cases of SEA, namely, the to VAWG (UN General Assembly ding environmental degradation,
UN Multidimensional Integrated 2017, para.10). Even if at the in- militarisation, displacement, glo-
Stabilization Mission in the Central ternational level there is a gap balisation of economic activities,
African Republic, the UN Stabiliza- regarding any legal response to foreign occupation, armed confli-
tion Mission in the Democratic Re- VAWG (Manjoo and Jones 2018), ct, violent extremism and terrorism
public of the Congo, the UN Sta- the latter has explicitly been iden- (para 14) in different spaces and
bilization Mission in Haiti and in tified as a human rights violation spheres of human interaction such
South Sudan) with the specific fun- during the 1993 UN World Con- as the family, the community, the
ction to “ensure that a victim-cen- ference on Human Rights (Manjoo public spaces, the workplace, the
tred, gender- and child-sensitive 2018, 76) and defined by the UN politics, sport and health services,
and non-discriminatory approach Declaration on the Elimination of educational settings, but also the
is integrated into all activities to Violence against Women (DEVAW) Internet and digital spaces (para
support and assist victims” (UN of 19934 as “any act of gender-ba- 20). The dominant discourse on
General Assembly 2018, para.26). sed violence that results in, or is SEA, though, does not consider
But it is only in the 2018 Report likely to result in, physical, sexual the multiple forms of discrimina-
that the Secretary-General, con- or psychological harm or suffe- tion which affect women, it repro-
sidering the victims of SEA, reco- ring to women, including threats duces an essentialist perspective
gnized that “responses to sexual of such acts, coercion or arbitrary of women as a social group, while
exploitation and abuse will have deprivation of liberty, whether oc- a clear correlation between GBV
little impact if we fail to address curring in public or private life”. and women’s sexual exploitation
the root causes and risk factors” Further, according to the Beijing is nowadays largely reported by
(UN General Assembly 2018, Platform for Action of 1995, vio- agencies working with victims of
para.74), stressing the need for a lence against women is “the mani- trafficking and broader intersectio-
more holistic commitment of the festation of the historically unequal nal dimensions of discriminations.
UN bodies to promote and pro- power relations between men and As a matter of fact, violence erupts
tect human rights (UN General women” (para.118). Therefore it ‘unexpectedly’ in the grey zones
Assembly 2018, para.75). The fo- is understood as being rooted in where public/private, identity/dif-
36
ference, material/cultural layers correctly the concept of vulnerabi- security of the post-conflict envi-
overlap. On the other hand, thou- lity, in particular for what concerns ronment are not discontinuous re-
gh, in October 2019, the UN Se- women’s victimization for facts of alities (Degani and Pividori 2019).
curity Council adopted a resolution violence and exploitation. For in- The focus of the UN policy, thou-
(UNSCR 2493), in the context of stance, while being aware of the gh, risks portraying women only as
the WPS agenda, asking “to pro- reasons supporting the UN ban on victims in need of protection who
mote all the rights of women, in- prostitution, such as the long-la- lack any possibility of agency. In-
cluding civil, political and econo- sting possibility of related social deed, the text of the 2003 Secre-
mic rights” (UN Security Council stigma, a different discourse could tary-General’s Bulletin explicitly
2019) which shows a more holi- be proposed in order to frame refers to “a particular duty of care
stic approach to understanding prostitution as sex work. Moreo- towards women and children” (UN
discrimination against women. ver, the understanding of ‘victimi- Secretary-General 2003, para.
Moreover, in 2013 the CEDAW zation’ is characterized by contin- 2.2) and to “the most vulnerable
Committee had issued the GR n. gent societal and political factors, populations”, identified as “espe-
30 on women in conflict preven- different cultural perceptions and cially women and children” (UN
tion, conflict and post-conflict situa- an increasing politicization of po- Secretary General 2003, para.
tions, asserting the application of licy-making (Hall 2017). At the 3.2). The Bulletin, which states the
the CEDAW to conflict prevention, same time, only assuming the or- beginning of the whole UN policy
conflict and post-conflict situations, dinary dimension of women’s di- on SEA, does not present any other
at territorial and extraterritorial le- scrimination and subjugation, the representation of women than one
vel, to State and non-State actors, intersection of women’s life expe- of victims in need of protection.
and stressing the complementarity riences before, during and after Otto, for example, has criticized
of the CEDAW and international humanitarian emergencies can be the Zero Tolerance Policy by asking
humanitarian, refugee and crimi- explained. Indeed, while during “as to whether the ‘problem’ is sex
nal law, also in the framework of conflicts and emergencies women itself, rather than sexual harm”
the WPS Agenda. Nonetheless, de- face social and economic difficul- (2007b, 34). The scholar stressed
spite this last consideration on the ties that increase their vulnerabili- that the Bulletin proposes a pro-
connection between women and ty, for many women, the relation- tective representation of women
security, over the past ten years ship between the physical violence that have long been recognized as
there have been only two instances experienced during conflict and the inconsistent with the realization of
where SEA by peacekeepers has women’s human rights, and revi-
been addressed in the context of ves the conflation of women and
international human rights; both children seen in early international
by the CEDAW Committee, in its legal texts, when it was still accep-
concluding observations on Côte ted that women and children were
d’Ivoire in 2011 and in its conclu- the property of men (Otto 2007b,
ding observations on Haiti in 2016 35). The reduction of women to
(Mudgway 2017, 1463-1464). victims “who need paternalistic
protection in the form of a ban on
4. Women’s agency in the UN sex with peacekeeping personnel
Zero Tolerance Policy denies women the dignity of sexual
In his 2017 Report, the Secre- agency” (Otto 2007b, 43), while in
tary-General acknowledged that order to remove situations of SEA it
unequal gender relations lie at the is necessary to take women’s auto-
heart of SEA and that the potential nomy and equality seriously, reco-
for this behaviour poses a threat gnizing the importance of realizing
to the women and the vulnerable economic and social rights and en-
wherever they live or work (UN forcing the rule of law and demo-
General Assembly 2017, para.9). cratic institutions (Otto 2007b, 38).
It is, though, necessary to frame Similarly, referring to the fact that
37
POS POLICING IDP/REFUGEE CAMPS
the Zero Tolerance Policy forbids territories (Kanetake 2010, 209). the predatory sexuality of the mili-
almost all sexual activity between The choice to completely ignore taries without paying any kind of
UN peacekeeping personnel and the possibility for self-agency in attention to the idea of sex as a
local women in order to prevent the construction of the whole poli- possible work or as a way to ‘sur-
SEA, Simić talks of a “sex panic” cy has been underlined also by the vive’ and/or as a form of pleasure
(2009, 288). Moreover, she argues OIOS which reported that the Zero in which engage women able to
that measures which aim to protect Tolerance Policy was considered as freely express consent and act with
the victims of SEA by regulating an intrusion of privacy and some personal agency (Otto 2007b).
the erotic and sexual behaviour staff “raised the issue of sexuality Feminist scholars and activists
of local women, like the UN Zero as a human right” (UN Office of have shown that the dominant di-
Tolerance Policy, distract from the Internal Oversight Services 2015, scourse on security tends to per-
real problems such as the femini- para. 56). While this statement petuate the highly problematic
zation of poverty and the lack of does not explicitly discuss the con- gender constructions of men as
alternative options for women in dition of local women, nonetheless violent and powerful and women
post conflict societies (Simić 2009, it reveals the acknowledgment, as vulnerable and in need of pro-
289). Correspondent argumen- within the UN Institution itself, of tection. A perspective which can be
ts have been pointed out also by the patency of the issue. Indeed, observed also in the Women, Pea-
Kanetake, who argues that by tre- the whole construction of this po- ce and Security (WPS) framework.
ating them all equally as victims licy does not address poverty but Hence not only in the overall UN
the UN’s zero tolerance project appears based on stereotyped policy women lack any agen-
risks covering the underlying cau- assumptions about the sexual vul- cy as active actors in relation
ses that breed SEA in war-torn nerability of women and girls and to sex but they are also denied
38
the possibility of a real recogni- standing the rhetoric of the official gations of SEA, and all other al-
tion as human rights holders. UN statements, and their call for legations of misconduct, do not
While there is, as observed above, ‘empowerment’, women are repe- contain any disaggregated data
a strong emphasis on women as atedly pictured as passive points of on victims on the basis of sex. The
‘victims’ and as subjects ‘in need reference with serious concerns for only distinction among victims is
of protection’ and ‘vulnerable’, the effectiveness of the UN policy made between children (any victim
there is almost no considera- itself and its implementation. Si- under the age of 18) and adults.
tion of them as conscious actors milarly, also when addressing the Thus, it is striking to observe how
who take action to have their ri- necessity of developing a new ap- in a policy which, at this moment
ghts recognized by other actors. proach to accountability by “refo- at least, mostly concerns women
At the same time, though, most cusing on the victim rather than on (and girls), women do not even
UN military personnel, while con- the perpetrator” (Freedman 2018, exist. In fact, data which are cate-
sidered a subsidiary organ of the 985), the label put on women is gorized by reporting the sex of the
Security Council and under a UN always that of victims. Thus, con- victims of SEA can be found only in
mandate, still, remain part of an sidering how language constructs the Supplementary information to
organ of their troop-contributing the reality itself, the choice of the the report of the Secretary-General
country (TCC) which maintains words utilized plays a major role on special measures for protection
criminal and disciplinary jurisdi- in perpetuating the status quo or from sexual exploitation and abu-
ction over its troops. Therefore, bringing about societal change se (A/74/705), published in 2020,
in relation to military contingents (Jorgensen and Phillips 2002). and in the Supplementary infor-
committing crimes in UN mission In fact, by depriving women of mation to the report of the Secre-
host states, the implementation their sexual agency on the assump- tary-General on special measures
of the UN’s zero tolerance relies tion that it is based on ‘inherently for protection from sexual exploi-
essentially on TCCs (Burke 2014, unequal power relations’, the Bul- tation and abuse (A/73/744), pu-
71). This structure makes it extre- letin upholds a specific balance of blished in 2019, but exclusively
mely hard to guarantee “transpa- power, a balance of power which in relation to allegations repor-
rency and accountability”, “pre- looks backwards and not forward, ted by the United Nations entities
vent and address the profound thus risking prosecuting violen- other than peacekeeping ope-
betrayal through such acts by UN ce against women, defined and rations and special political mis-
personnel against the people they thus clearly acknowledged as “the sions. For all the previous years,
are charged with protecting” (UN manifestation of the historically only some sporadic glimpses on
2019) and for women and gir- unequal power relations betwe- the sex of victims are mentioned
ls, as primary victims of SEA, to en men and women” in the Bei- by the Secretary-General reports.
act in order to implement their jing Platform for Action of 1995. The overall policy, as outlined throu-
human rights. Indeed, “the avai- ghout this paper, not only lacks any
lability and effectiveness of pro- 5. Where are the women in the critical consideration about gender
cedures to seek redress and the UN Zero Tolerance Policy? but it completely fails to represent
likelihood that such procedures, Looking eventually at the raw data, women in the collection of data on
if available, will end up providing the major issue of the whole UN the victims of SEA, making con-
adequate compensation would Zero Tolerance Policy is the fact sequently women just disappear.
completely depend on which sta- that while record-keeping and The text itself of the 2003 Bulletin
te the peacekeeper in question data tracking of allegations of mi- keeps a standard gender-neutral
is from” (Okada 2019, 290). sconduct and subsequent actions tone which is abandoned only in
Still, as observed so far, the pos- started in 2006 (UN 2019) so far the two aforementioned references
sibility for women to be seen as all the Secretary-General Reports to women as objects of “a parti-
persons with agency is denied on Special measures for protection cular duty of care” by UN forces
not only by this legal structure but from sexual exploitation and sexual and as part of “the most vulne-
also by the construction of the un- abuse, so as the official Conduct rable populations”. These men-
derstanding of the role of women and Discipline Unit website which tions are rather superficial and
as ‘characters’ within it. Notwith- presents all the statistics6 on alle- void; apart from characterizing
39
POS POLICING IDP/REFUGEE CAMPS
women as victims of the phenome- security, adopted a resolution (UN internally displaced persons, who
non of SEA, they do not reveal any Security Council 2016) on women, fall under UN protection manda-
gender- or women-perspective. peace, and security in which it re- tes (UN General Assembly 2018,
In fact, in the 2018 Report the Se- quested “the Secretary-General para.20), and of even any possible
cretary-General mentioned a wor- to continue and strengthen effor- “fraternization” (Otto 2007b, 46).
king group on SEA chaired by the ts to implement the policy of zero Indeed, according to the OIOS
Office of the Special Coordinator tolerance on sexual exploitation one factor that can contribute to
required to focus on the linkages and abuse by UN personnel and SEA is “encouraging interaction
among gender and SEA (UN Ge- urges concerned Member States between the military and the ge-
neral Assembly 2018, para. 10). to ensure full accountability, in- neral Population” (UN Office of
Further, he underlined that the cluding prosecutions, in cases of Internal Oversight Services 2005,
working group on SEA is prepa- such conduct involving their natio- para.44). In 2007 OIOS observed
ring a study to analyse the causes nals” (Ferstman 2013, 2). As the that the only contingent which ef-
and consequences of SEA from a Security Council reiterates, sexual fectively implemented measures
gender perspective, so as to in- exploitation and abuse “have a designed to prevent SEA was the
form the development of strate- detrimental effect on the fulfil- one which installed wire mesh wi-
gies and responses to advance ment of mission mandates” (UN thin the military camp perimeter
the Organization’s broader goals Security Council, 2005). Still, in fencing to prevent direct contact
on women’s human rights, gen- 2018 the Security Council adopted between the peacekeepers and
der equality and women’s em- another resolution (UNSCR 2436) the local population, “a problem
powerment (UN General Assembly on peacekeeping performance identified by OIOS in 2004” (UN
2018, para.21). As stated in the where it expressed “deep concern Office of Internal Oversight Ser-
2019 Report, though, this gender about the serious and continuous vices 2007, para.17). Acutely,
study on the causes of SEA, who- allegations and underreporting Simić points out that, considering
se concept was finalized in Fe- of sexual exploitation and abu- operational effectiveness, isolating
bruary 2018, is currently ongoing. se by United Nations peacekee- personnel from the local popula-
It is necessary to recognize that, pers” (UN Security Council 2018). tion by means of wire fencing is
even if it remains a very difficult Considering consequently, the ne- not an effective way to build a re-
task to distinguish between con- cessity for the institution itself of lationship of trust between the UN
sensual sexual relationships and combatting SEA, it is particularly and local community (Simić 2009,
sexual exploitation in the context problematic, not only to observe 291). Thus, the disappearance of
of peacekeeping missions cha- how in the official documents, whi- women, in terms of the conside-
racterized by peculiar power rela- ch constitute the UN Zero Tolerance ration paid to their agency or in
tionships and socioeconomic con- Policy, women only appear as emp- their position as the main victims
ditions in the interactions among ty signifiers, but also to acknowle- of SEA, can be observed in the
UN peacekeeping personnel and dge the limited reach of the solu- broader context of a policy which
local women (Simić 2009, 294), tions suggested by the UN so far. removes completely the local po-
misconduct of a sexual nature is While, the 2017 Report states that pulation from the scene in a logic
more likely to attract social con- an “increased numbers of women which, requiring the total ban of
demnation than other kinds of mi- in peace operations also appear to any contact between peacekeepers
sconducts thus compromising the lead to a decrease in the number and the local population, suggests
winning of confidence from local of cases” (UN General Assembly to completely put apart the locals,
communities which is crucial for 2017, para.24) which expresses a perceived as tempting factors in
the safety of UN personnel and quite criticized essentialist approa- the commission of these crimes ra-
the effectiveness of peacekeeping ch based on a ‘add women and ther than persons to be protected.
missions (Kanetake 2010, 209). stir’ strategy, the overall approach A reasoning which gravely endan-
Indeed, in June 2013, the UN Se- is the banning of every possible gers the effectiveness of the mis-
curity Council, charged with the contact between peacekeepers and sion, the protection of the victims,
primary responsibility for the main- locals and with members of at-risk the efficacy of the policy of zero
tenance of international peace and populations, such as refugees and tolerance and the UN system itself.
40
6. Conclusions sex and, consequently, re-framing makers too and thus “defined and
If the individuals are rights-holders the concept of vulnerability, se- shaped by men’s interests and ne-
under the international human ri- condly it does not confront which eds” (Sjoberg and Via 2010, 6).
ghts framework where the UN is these ‘inherently unequal power It is quite not of a divisive issue to
required to be firmly placed and, relations’ are. Indeed, while there agree with the considerations that
furthermore, if the UN is working is much talk about human rights, the UN cannot but have a zero
to implement a victim-centred a view which gives the possibi- tolerance policy towards sexual
approach, because SEA can only lity to bring the emphasis on the exploitation and abuse, which must
be eliminated by addressing the individuals and their agency, this not be accepted (Oswald 2016,
perpetrators while simultaneously discussion is quite superficial and 164). This implies that “the UN
considering the victims of them, it the dominant language is that of cannot afford to dismiss this issue
is not an effective approach to me- criminal law, an approach which as being ‘not necessarily a crime’
rely ban almost every kind of inte- is fundamental but which is not or ‘a matter of individual responsi-
raction among peacekeepers and appropriate to change the status bility’”, because sexual misconduct
the local population on the premise quo (Gardam 2019, 12), starting by peacekeepers” undermines the
that they are based on “inherently from the understanding of the si- reputation of UN peacekeeping, a
unequal power dynamics” (UN Se- tuation of the persons involved. very important asset of the who-
cretary-General 2003, para. 3.2). In fact, feminist scholars have un- le UN system (Kanetake 2010,
First of all, as examined, the nar- derlined a “disconnection between 202). Still, in order to eradicate
rative of the UN policy focuses on symbolic woman-friendly policies this plague, the first paramount
the dichotomy victims-perpetrators and the results in women’s lives”: step is to acknowledge women,
in addressing SEA without opening women are included in areas of starting from a different narrati-
to any other narrative, such as the global politics which are actually ve and the adoption of a gender
even remote possibility of consi- male dominated, such as the area based approach articulated in a
dering the reality of free engage- of conflict(s) and security, in terms way that can be expected to in-
ment in sex work and consensual of public discourses and decision fluence policymaking at any stage.
41
POS POLICING IDP/REFUGEE CAMPS
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43
INTERNATIONAL CRIMES: ROLE OF POS IN
ASSURING JUSTICE
SUPPORT FOR THE ROL
BY UNITED NATIONS POS
Building capacities, extending convictions would not have been the absence of justice directly fuels
State authority and fighting im- possible without the leadership of conflicts: the young man whose
punity Congolese military justice autho- parents, friends or relatives were
rities and support from the Prose- victimized may become a readily
By Stéphane Jean1 cution Support Cells of the United available recruit for illegal armed
Nations Organization Stabilization groups. A lack of justice, actual or
Introduction Mission in the Democratic Repu- perceived, is a direct cause of re-
blic of the Congo (MONUSCO). sentment, a major, and often un-
The soldiers were lined up, in a ru- In many ways, this case illustrates der-estimated, cause of conflict at
the critical importance of support both individual and societal levels3.
dimentary courtroom, facing their from United Nations peacekee- Overall, supporting national rule
judges for the unspeakable crimes ping operations and special poli- of law institutions remains a major
they had committed a year and tical missions (“peace operations”) priority for the United Nations.
a half earlier. On 5 May 2014, a for the rule of law. Such support is In 2018, the General Assembly
Congolese military court convicted essential to mitigate potential dri- adopted a resolution that empha-
26 personnel of the Armed Forces vers of conflict (particularly where sized “the importance of adheren-
of the Democratic Republic of the there is a desire for people to take ce to the rule of law at the national
Congo for the murders and rapes justice in their own hands and a level and the need to strengthen
of at least 126 women, including lack of trust between the popula- support to Member States, upon
24 girls, in the town of Minova in tion and state representatives); to their request, in the domestic im-
the conflict-plagued province of improve the credibility, legitimacy, plementation of their respective
North Kivu2. This was a landmark and accountability of state institu- international obligations throu-
decision in the fight against im- tions in the eyes of the population; gh enhanced technical assistan-
punity in a country that had faced and to uphold human rights. The- ce and capacity-building in order
decades of instability and massi- se substantively contribute to im- to develop, reinforce and main-
ve human rights violations. Such prove security and stability in con- tain domestic institutions active
flict-affected areas. Conversely, in the promotion of rule of law at
44
the national and international le- ness in the protection
vels, subject to national owner- and vindication of ri-
ship, strategies and priorities”4. ghts and the preven-
This paper provides a brief over- tion and punishment
view of support for the rule of law by of wrongs”7. Such no-
United Nations peace operations, tions are exacerbated
with a focus on the development in countries hosting
of national law enforcement, pro- peace operations. Fur-
secutorial, judicial and corrections thermore, the rule of
institutions (“justice institutions”) law functions as a me-
and access to justice. These justice dium for achieving ju-
institutions are key for preventing stice, at both societal
violence and fighting impunity in and individual levels8
conflict and post-conflict societies. as well as an end in it-
self. Remarkably, there
Conceptual approaches is no agreed interna-
Doctrine
tional definition of ju-
Justice and the rule of law are clo- stice or the rule of law.
sely related, but different, concep- The United Nations DEMOCRATIC REPUBLIC OF THE CONGO
ts. Fundamentally, justice can be views the rule of law Graduation ceremony for personnel of the Congolese Na-
conceived as a principle in which as a principle of gover- tional Police trained by MONUC (Source: United Nations,
individuals are held accountable nance9. From this per- 19 July 2006)
for their actions. It is intrinsically spective, the rule of law
a form of fairness5 and a central is a broad and systemic cutorial, judicial and corrections
tenet of the so- institutions. Both in
cial contract in IN THE CONTEXT OF PEACE OPERATIONS, terms of personnel
societies, par- deployed, and funds
ticularly from ACTIVITIES IN SUPPORT OF THE RULE OF LAW disbursed, this has
the perspective HAVE LARGELY BEEN FOCUSED ON SUPPORT remained by far the
of the state’s TO HOST-COUNTRIES FOR THE DEVELOP- largest engagement
asserted mo- of the United Nations
nopoly on the MENT OF THEIR LAW ENFORCEMENT, PRO- in the rule of law sec-
use of violen- SECUTORIAL, JUDICIAL AND CORRECTIONS tor. Currently, more
ce. An actual than 11,000 police,
or perceived INSTITUTIONS justice or corrections
impartial justi- personnel are pro-
ce system can viding such support
dissuade citizens from resorting concept which encompasses: con- in 17 peace operations.
to violence.6 The fundamental as- stitutional and legislative reform;
sumption is that one’s security is the development of law enforce- United Nations Sustainable Deve-
guaranteed and punishment will ment, prosecutorial, judicial and lopment Goals
be imposed on those who damage corrections institutions, as well as At the strategic level, the enga-
the safety of others, or their proper- civil and commercial dispute me- gement of Member States of the
ty. Deterrence from breaking the chanisms; and the promotion of United Nations in support of the
law is key and acts as a disincenti- good governance. In the context rule of law is informed by national
ve to destabilizing the social order. of peace operations, activities in and international justice and hu-
The United Nations approaches support of the rule of law have lar- man rights norms and standards.
the concept of justice in conflict gely been focused on support to Central to this engagement is the
and post-conflict societies as “an host-countries for the development ‘Sustainable Development Goals’
ideal of accountability and fair- of their law enforcement, prose- agenda designed as a global plan
45
INTERNATIONAL CRIMES: ROLE OF POS IN
ASSURING JUSTICE
zation reporting; the percentage of
unsentenced detainees as a pro-
portion of overall prison popula-
tion; and the total value of inward
and outward illicit financial flows.
DEMOCRATIC REPUBLIC OF THE CONGO Strategic and operational
Military court hearing in North Kivu organized with advisory, security and logistic support aspects for support
from MONUSCO and other partners (Source: United Nations, 5 September 2013) Nature of mandates
The most common political and
of action “for people, planet and development, provide access to ju- legal instrument that authorizes
prosperity” that “seeks to stren- stice for all and build effective, ac- the deployment of a peace ope-
gthen universal peace in larger countable and inclusive institutions ration, and outlines its mandate,
freedom”10. This strategic endea- at all levels”13. This goal pertains is a Security Council resolution.
vour for the international commu- primarily to the rule of law14 and in- Resolutions are adopted by the
nity covers a broad range of so- cludes a total of 12 targets and 23 United Nations Security Council
cial, economic and environmental indicators which have been agreed as part of its primary responsibi-
development issues, with tangible upon by the Member States15. The- lity for the maintenance of inter-
objectives to be achieved by 2030. se targets cover a broad range of national peace and security16. In
Such goals are “global in natu- rule of law and security issues, ba- 2018, the Security Council adop-
re and universally applicable, ta- sed to a very large extent on exi- ted a resolution which undersco-
king into account different natio- sting international and regional red “the importance of integrating
nal realities, capacities and levels criminal justice and human rights UN support to police, justice and
of development and respecting norms and standards. The targets corrections areas into the manda-
national policies and priorities”11. include: a reduction in all forms of tes of peacekeeping operations
Member States have also speci- violence and related death rates; and special political missions from
fically committed to “foster pea- the promotion of the rule of law the outset, as necessary, to assist
ceful, just and inclusive societies and access to justice; a reduction national governments in the re-e-
which are free from fear and vio- in corruption and bribery in all its stablishment or restoration of poli-
lence” and noted that “there can forms; the development of effecti- ce, justice and corrections services
be no sustainable development ve, accountable and transparent to support achievement of pea-
without peace and no peace wi- institutions; and a reduction of illi- cekeeping operations and special
thout sustainable development”12. cit financial flows. Progress towards political missions’ strategic goals,
Sustainable Development Goal 16 these targets is measured through where and as mandated, and to
aims to “promote peaceful and specific indicators including: the address the root causes of each
inclusive societies for sustainable intentional homicide rate; victimi- conflict, including through stren-
gthening the rule of law at natio-
nal and international levels”17. In
the same resolution, the Security
Council called on “Special Repre-
sentatives of the Secretary-General
and on Resident Coordinators, as
appropriate, to ensure, when Uni-
ted Nations Peacekeeping opera-
tions or special political missions
are mandated, full coherence of
police, justice and corrections as-
sistance, avoid fragmentation and
maximize integration of efforts,
including through joint work”18.
46
Peace operations in support of the operations are given broad re- They also perform other operatio-
rule of law in hosting countries are sponsibility to provide support for nal functions that require a formed
governed by a resolution or a simi- the development of justice institu- response or specialized capacities
lar authorization emanating from tions. This is done through specia- including canine handling, close
the Security Council. Such manda- lized advisors, mentors and trai- protection, crime analysis, foren-
tes, insofar as they relate to justice ners who are often co-located with sics, investigation, special wea-
institutions, fall within three broad their national counterparts. In the pons and tactics (SWAT), guard
categories: 1) executive; 2) deve- case of peacekeeping operations, units and riverine policing19. In
lopment support; and 3) direct se- programmatic funding, including some specific instances, such as
curity support. All have the objecti- for the refurbishment of facilities, with the United Nations Multidi-
ve of building national capacities training programmes or the provi- mensional Integrated Stabilization
and extending the authority of the sion of equipment, is often made Mission in the Central African Re-
State with a view to prevent violen- available through budgetary re- public (MINUSCA), individual po-
ce and fight impunity. At its core, solutions of the General Assem- lice officers or corrections person-
therefore, are political and secu-
rity objectives. Conceptually, this DEMOCRATIC REPUBLIC OF THE CONGO
assistance is provided primarily Support from MONUSCO for the refurbishment of the Offices of the Public Prosecutor
from the perspective of reinfor- in Lubumbashi (Source: United Nations, 29 June 2017)
cing the criminal justice chain, i.e.
the fundamental linkages between bly. Whilst the specific formulation nel have also been authorized to
arrest, prosecution, adjudication may vary, this is by far the most provide direct security support to
and detention, a central compo- common type of such mandate. national counterparts as part of
nent for stabilization and security In the third category, peace ope- their mandated responsibilities.
in conflict and post-conflict con- rations provide direct security sup-
texts. It should be emphasized port to national institutions. This is Guidance of the Secretary-General
that such mandates are always in primarily done through the deploy- In 2008, the United Nations Se-
support of political and security ment of Formed Police Units. Such cretary-General issued a guidan-
objectives of the Security Council. units assist national law enforce- ce note on the Organization’s ap-
In the first category, a limited num- ment agencies in the performan- proach to rule of law assistance20.
ber of peacekeeping operations ce of their functions, particularly This guidance was largely driven
were given authorization in the in regard to crowd-management. by the United Nations growing
past to exercise functions in the
justice and security sectors, akin
to the responsibilities entrusted to
national institutions. This was the
case with peace operations in West
New Guinea (1962-1963), Koso-
vo (1999 to 2008) and Timor-Le-
ste (1999-2004 and 2006-2012).
In each, United Nations police offi-
cers were given the authority to ar-
rest, detain and search individuals,
and conduct investigations, in a si-
milar capacity as national law en-
forcement officials. In addition, in
Kosovo international judges, pro-
secutors and corrections personnel
were deployed with similar executi-
ve functions in their realm of work.
In the second category, peace
47
INTERNATIONAL CRIMES: ROLE OF POS IN
ASSURING JUSTICE
engagement at the time in provi- me are designated as the Global In addition to its co-chairs, the
ding support to countries hosting Focal Point for country-level assi- Global Focal Point mechanism is
peace operations. Eight guiding stance to police, justice and cor- comprised of representatives from
principles for assistance by the rections institutions in post-conflict the Executive Office of the Secre-
United Nations were outlined the- and other crisis situations. These tary-General, the Office of the High
rein: 1) base assistance on inter- entities have a responsibility to en- Commissioner for Human Rights,
national norms and standards; 2) sure a coherent and coordinated the United Nations High Commis-
take account of the political con- approach to such assistance from sioner for Human Rights, the Uni-
text; 3) base assistance on the uni-
que country context; 4) advance
human rights and gender justi-
ce; 5) ensure national ownership;
6) support national reform con-
stituencies; 7) ensure a coherent
and comprehensive strategic ap-
proach; and 8) engage in effecti-
ve coordination and partnerships.
This document also identifies six
fundamental elements in the fra-
mework for strengthening the rule
of law: 1) a constitution or equi-
valent; 2) a legal framework and
the implementation thereof; 3) an
electoral system; 4) institutions of
justice, governance, security and
human rights; 5) transitional ju-
stice processes and mechanisms;
and 6) a public and civil society
that contributes to strengthening DEMOCRATIC REPUBLIC OF THE CONGO
the rule of law and holds public of- Military court hearing in the province of North Kivu (Source: United Nations, 12 March
ficials and institutions accountable. 2020)
In 2012, the Secretary-General is-
sued a decision on rule of law ar- the United Nations system, inclu- ted Nations High Commissioner
rangements in the United Nations ding other departments, agen- for Refugees, the United Nations
system21 in which heads of peace cies, funds and programmes. They Office on Drugs and Crime, the
operations were PEACE OPERATIONS IN SUPPORT OF THE United Nations Of-
designated as fice for Project Ser-
responsible and RULE OF LAW IN HOSTING COUNTRIES ARE vices and UN Wo-
accountable for GOVERNED BY A RESOLUTION OR A SIMILAR men. Most recently,
guiding and the Secretary-Ge-
overseeing Uni- AUTHORIZATION EMANATING FROM THE SE- neral noted that the
ted Nations rule “Global Focal Point
of law strate- CURITY COUNCIL partners have spar-
gies, resolving ked innovative and
political obstacles and for coor- are accountable and responsible cost-neutral changes in the way
dinating United Nations coun- for country-level requests with ti- United Nations entities collabora-
try support on the rule of law22. In mely and quality assistance in ter- te, as its core operational modality
addition, the Department of Pe- ms of “global knowledge, people consists in pooling existing exper-
ace Operations and the United and advice on assessments, plan- tise and resources spread across
Nations Development Program- ning, funding and partnerships”23. various entities” and that this cre-
48
ce covering support inter alia for:
basic justice delivery; criminal in-
vestigations and prosecution of
serious crimes; the efficiency and
effectiveness of the judiciary; stra-
tegic reform of the rule of law
architecture; mapping and as-
sessing national justice systems;
missions plans and strategic fra-
meworks; the modalities for men-
toring, advising and training of
national justice personnel; and
the composition and structure of
justice components in the field26.
HAITI In the areas of corrections, detailed
Haitian National Police officers are pictured prior to a security operation in Croix-des- guidance has been issued with re-
Bouquets (Source: United Nations, 17 September 2010) gard to support inter alia for: map-
ping and assessing prison systems;
the development and implementa-
ated “a more coherent, gender re- chanisms25. This is part of a broa- tion of national strategies; strategic
sponsive, efficient and field-driven der Strategic Guidance Framework policy and planning; leadership,
United Nations rule of law service for International Policing (SGF), management and administration;
delivery platform, including by re- which has been developed by the life sustaining services; prison se-
solving interoperability challenges Department of Peace Operations curity; infrastructure; addressing
and advocating for the use of su- in consultation with Member States. prison overcrowding and prolon-
stainable financial resources”24. In the case of assistance to host ged and arbitrary detention; and
countries’ prosecutorial and judi- the mobilization or resources27.
Internal doctrine of peace opera- cial institutions, and for access to Specific assessments tools have
tions justice, there is specific guidan- also been developed to evaluate
Activities of peace operations in
support of justice institutions, and
access to justice, are based on gui-
delines, directives, standard ope-
rating procedures and other is-
suances from the Department of
Peace Operations (for peacekee-
ping operations), the Department
of Political and Peacebuilding Af-
fairs (for special political missions),
the Department of Operations Sup-
port and the concerned mission.
National law enforcement institu-
tion guidance is provided for sup-
port for: the census, identification,
vetting and certification of person-
nel, policy formulation; outreach;
the modalities for training and ad-
visory support; budget and human HAITI
resources management; and the Women’s Prison in Pétionville (Source: United Nations, 9 May 2012)
development of accountability me-
49
INTERNATIONAL CRIMES: ROLE OF POS IN
ASSURING JUSTICE
justice institutions, including pro- impact of their performance, and stice and security institutions, job
gress or lack thereof in their de- for evaluating progress, or the creation and the prevention and
velopment over time. The most lack thereof, over time. Similarly, mitigation of cycles of violence29.
comprehensive of such tools is the there is an increased focus on the This is certainly the case in confli-
United Nations Rule of Law Indi- quality and efficiency, as opposed ct and post-conflict societies. Le-
cators Implementation Guide and to the numbers, of police, justice adership at the State level and a
Project Tool28, which was issued in and corrections experts deployed. clear vision are critical for deve-
2011 and endorsed by all major The overall internal doctrine of pe- loping justice institutions. In con-
United Nations entities involved in ace operations is also informed trast, the absence of leadership
rule of law assistance. This parti- by the agenda of the United Na- and/or resistance to reform by key
cular instrument comprises 135 in- tions in other key related aspects stakeholders can constitute signi-
dicators for assessing the capacity, of the work of the Organization. ficant or insurmountable obsta-
performance, integrity, transpa- This includes, notably, the United cles for meaningful development30.
rency and accountability of these Nations strategic plans and ini- The time required for the funda-
institutions and mental reform
how they tre- of justice in-
at vulnerable stitutions, in-
social groups. cluding chan-
It is based on ging mindsets
multiple data and expecta-
sources inclu- tions of the
ding public population,
perception can be mea-
and expert sured in deca-
surveys, do- des. As such,
cumentation there is an
reviews, ad- inherent ten-
ministrative sion between
data and field this timeframe
observations and the man-
data. It was date of most
implemen- peace ope-
ted to-date rations, whi-
in Afghani- ch are gene-
stan, Haiti, HAITI from the Bangladesh all women Formed Police Unit of MINUJUSTH in Miragoâne rally renewed
Liberia and Personnel on an annual
South Sudan. (Source: United Nations, 30 October 2018) basis. The-
From a strate- se challenges
gic and pro- are exacerba-
grammatic perspective there is tiatives related to gender equa- ted by the fact that, as a result of
a growing realization, including lity, the prevention of violent ex- conflict, justice institutions may
through the Sustainable Develop- tremism and counter-terrorism, have collapsed and required to
ment Goals agenda, of the im- migration and juvenile justice. be rebuilt ex nihilo. This typically
portance of having a data-driven comes in a context where finan-
approach for support to securi- Key challenges and opportunities cial and human capital is limited
ty and justice institutions through In a landmark report issued in and the State and its internatio-
the use of empirically-validated 2011, the World Bank demon- nal partners have to manage and
tool. This is critical, both for a ba- strated, through detailed data and reconcile competing budgetary
sic understanding of the functio- thorough analysis, critical links priorities, including in the securi-
ning of these institutions, and the between the strengthening of ju- ty, health and education sectors.
50
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