Tag Archives: protection of civilians

PoC: Where the Price for Mobilizing Protection Laws is Your Life – the Plight of Colombia’s Women IDP Leaders

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In November 2012, Human Rights Watch published the report  “Rights Out of Reach: Obstacles to Health, Justice, and Protection for Displaced Victims of Gender-Based Violence in Colombia” documenting the failure of recent improvements in Colombia’s laws, policies and programs on gender based violence to translate into effective protection for internally displaced women, so-called IDPs.  The long-term activist Angélica Bello was interviewed in the report, decrying the lack of protection against rape, the lack of health care and the lack of compensation for displaced women.

At the age of 45, Bello, the director of the National Foundation in Defense of Women’s Rights (FUNDHEFEM) had been displaced four times due to her crusade on behalf of Colombia’s  3,5-5,4 million displaced, of whom a majority are women. Coming out of a meeting at the Ministry of Justice in Bogotá in 2009, she was abducted and sexually assaulted – and told by her assailants that she was being punished for her activist work.

February 16 2013, Bello’s struggle for social justice and better protection for displaced women ended with a bullet to the head. Her death was initially ruled suicide- the authorities stated that she had killed herself with a gun left behind by one of her bodyguards in the government-provided security detail. The Colombian human rights community is deeply suspicious and the National Ombudsman has requested an autopsy. Regardless of Bello’s almost extreme personal courage and whatever the truth about Bello’s death, the kind of insecurity she faced as a consequence of her activism, is an all too familiar story of suffering, violence, suspicion- and of laws not implemented. In recent years, many female IDP leaders have been assassinated. Almost everyone get threats.

CIJUS in Colombia and PRIO have collaborated on a three-year multi-methods study on a particular aspect of the PoC issue, namely the role of legal protection frameworks. We have examined the relationship between legal mobilization, political organizing and access to resources for IDP grassroots organizations in Colombia.  Often overlooked in scholarship on legal mobilization, the acute insecurity of those advocating for implementation of existing law and local administrative regulations have emerged as a key finding in our research.

Recognized as a severe humanitarian crisis, Colombia’s massive internal displacement is a consequence of a prolonged internal conflict between guerrilla groups, government forces and illegal armed groups, compounded by an extended war on drugs. Displacement results in dramatically increased rates of impoverishment. In the city, IDPs experience discrimination in the labor and housing market, and in accessing government services such as education and primary health care. For women IDPs, these crosscutting forms of marginalization are compounded by gender-specific types of vulnerability, such as sexual violence and poor maternal health.

We have looked specifically at the efforts of, Liga de la Mujeres Desplazadas, the League of Displaced Women, to use the Colombian Constitutional Court and the Inter-American Commission on Human Rights to achieve physical and material security for its members.

In a relatively sophisticated state bureaucracy such as Colombia’s, humanitarian policies will not be based on the traditional humanitarian tool kit, but on administrative structures, social programs, and regulations that are justiciable.

Since the 2011 Victims Act, there has been a shifting in how the displacement problem is being framed:  In the process of mapping and interviewing all of Colombia’s 66 women IDP organizations from 2010 and onwards, we observed that many began to talk about themselves as “Victims organizations”. However, despite this reframing, the situation on the ground remains unchanged:  implementation is inadequate and poverty and insecurity shape the rhythm of everyday life.

Like Bello, the leaders of Liga de Mujeres have received multiple death threats. Located in and around the Caribbean city Cartagena, the Liga’s highly successful efforts at consciousness raising, income generating activities, and participation in local politics, has also meant that its members and their relatives have been harassed, raped, disappeared and killed by neo-paramilitary groups, also called Bacrims (Bandas Criminales). The Bacrims are organized criminal outfits emerging on the tails of the Paramilitary demobilization process, initiated under the 2005 Justice and Peace law. Bacrims such as the Black Eagles and ERPAC rapidly became the main threat to IDP/Victims leaders, as well as community leaders, human rights defenders, trade unionists.

As a consequence, the Liga has been included in government protection schemes for a number of years. However, seen from the perspective of the Ligas grassroots members, inclusion in these schemes did not result in any form of meaningful protection.  In response, the Liga’s turned to strategic litigation.

The Colombian Constitutional Court has been vocal in its defense of Colombia’s IDPS, and several important decisions have specifically considered the precarious security situation of women community leaders, and ordered the government to provide effective protection.  In 2008, with Award 092, the Court ordered the government to adopt thirteen specific, tailored-made programs on issues such as housing, child care, mental health and security. Auto 092 gave orders for the protection of 600 individualized IDP women considered to be at risk, of whom 150 belonged to the Liga.

To oversee implementation of 092, women’s organizations, including the Liga, formed a national monitoring committee. In April 2011 the monitoring committee received a written threat from ERPAC- specifically mentioning the Liga- in which the women “advocating for the implementation of Auto 092” were declared military targets and threatened with anal rape.

By 2011, parallel to the process with the constitutional court, the Liga had obtained precautionary measures from the Inter American Commission for all its members. The content of such protection measures is the subject of negotiation between those obtaining the measures and the government.  When discussions over what effective protection would look like broke down in July 2011, the Colombian state subsequently redefined the Ligas security risk from “high” to “medium”, and scaled back the government protection scheme.  Meanwhile, the Liga has continued to receive threats from Aguilas Negras and ERPAC.

Angélica Bello’s plight is unusually tragic. Yet, she is not the first and will unfortunately not be the last woman to die in the struggle for implementing laws protecting women from displacement, threats, disappearances and sexual violence.

A shorter version of this blog was posted on the intlawgrrls blog earlier in March 2013.

PoC: How the Security Council in 1999 came to consider protection of civilians in armed conflict

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It is now fourteen years since the UN Security Council formally decided to include protection of civilians in armed conflict as a separate item on its agenda. The event was marked by an open discussion on protection in the Security Council – the first of its kind – which took place in February 1999.  It was followed by a request to the UN Secretary-General for a comprehensive report on the subject. The report was duly submitted in September (S/1999/957), which highlighted problems (“challenges “in UN language) and ways of addressing them. The Security Council endorsed the report’s recommendations in a formal resolution.

That was the beginning of a biannual, and later annual, routine in the Security Council  of dedicated discussions, reports and resolutions  that highlighted protection of civilians in armed conflict. Dedicated websites now follow the process. The practice has become so well institutionalized and widely accepted that we readily overlook the significance of these first, path-breaking steps in 1999.

Before then, the Security Council had focused on “hard” security issues of war and peace. Occasional reports had been requested and resolutions passed that dealt with refugees – not surprising given the existence of a large, and in the 1990s increasingly powerful, UN agency with a mandate to protect refugees (UNHCR). Questions of protection of civilians in armed conflict had also surfaced in the context of particular crises – notably the genocide in Rwanda in 1994, when the UN peacekeeping force, UNAMIR, was told to stick its head in the sand rather than respond to the unfolding signs of a genocide, and also when UN peacekeepers the following year were passive bystanders to the massacre in Srebrenica. But it took another five years before the Security Council was energized to consider protection of civilians in armed conflict as a subject worthy attention on its own, and in its own right. Protecting civilians was in effect elevated to the sphere of ‘high politics’.

How  did that happen?   And why then?

The context was favourable. The 1990s was “the humanitarian decade”. Humanitarian action was the language of the time, the veil of politics, and in part also a driving force. Analyst spoke of an international order with “embedded humanitarianism”.

An agent was needed as well. The crucial initiatives came from the Canadian government, above all its innovative and energetic foreign minister, Lloyd Axworthy. The government (then liberal with a small as well as large L), was seeking a seat on the Security Council and campaigned on three issues. “Human security” was one of them. Having rescued the term from near-oblivion (it first came to general attention in the 1994 UNDP Human Development Report), the Canadians had been promoting  “human security” as a central concept in foreign policy and international relations.  The new orientation had already contributed to a very significant result – the treaty banning landmines was signed in Ottawa in 1997. With their eyes on the Security Council seat, the Canadians were now seeking broader support for the “human security” concept and its possible concretizations.

The Norwegians soon signed on. “Human security” fitted nicely with the country’s general foreign policy traditions as well as the particular orientation of the new coalition government lead by the Christian Democrats (Bondevik I). Not so coincidentally, Norway was also angling for a future seat on the Security Council and needed relevant issues and allies. In 1998, the foreign ministers of the two countries met at a small island in western Norway where they declared their support for human security (the Lysøen Declaration).

Canada did win a seat in the Security Council (1999-2000), and so, a bit later, did Norway (2001-2001). The Canadians immediately tabled the issue of protection of civilians in armed conflict. The rest, as they say, is history. The issue never left the Security Council again. Outside the Security Council, the Canadians promoted “the responsibility to protect’ (R2P) as a matter of principle on the national and international level, receiving a measure of endorsement by the UN World Summit conference in 2005.

The above analysis of how the Security Council routinely came to pay attention to protection of civilians in armed conflict is cast in a neo-realist mould.  In this perspective, noble ideas need to be propelled forwards by more robust national interests of power and ambition, such as getting a seat on the Security Council. That is, we need to recognize the instrumental value of ideas to account for their political saliency. We also need to step outside a narrow neo-realistic framework to consider the conceptual clarity and normative power of the idea itself. At the time,  “human security” was a powerful idea; concretizing it in terms of protection of civilians gave it a focus and policy relevance necessary to capture the agenda of the Security Council.

What this all matters on the ground, outside the chambers of policy debates in the United Nations, is of course another question. But high-level recognition of a problem surely is a necessary (though not sufficient) prerequisite for effective active.

What, then, of the future? Will “human security” again provide inspiration or legitimacy for new initiatives in the humanitarian sector? The original carriers – Norway and Canada – will this spring mark the 15th anniversary of the original Lysøen Declaration. It will be a low-key and totally unofficial affair. The present Canadian government, no longer liberal with a small l, has practically banned the term (and taken down the website). The Norwegian government has not gone quite as far, but seems focused elsewhere.  Yet there is no lack of urgent issues. On top of my list is the development of an international regime to regulate ‘targeted killings’, particularly through drone strikes.  To get this squarely on the table of the Security Council and beyond, however, probably requires a massive lift – more than even an inspired Oslo-Ottawa axis could carry.

A Norwegian Centre for Humanitarian Studies?

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This is our first blog posting at the Norwegian Centre for Humanitarian Studies. The Centre is the brainchild of a multidisciplinary group of researchers from CMI, NUPI and PRIO, while the blog will host a mixture of reports from the field; thoughts on new issues such as emerging donors, urban violence and humanitarian technology; discussions on (in the first place Norwegian) humanitarian policy and critical reflections on the emergent field of humanitarian studies. We welcome your comments and inputs.

Change is upon international humanitarianism.

Whether caused by violent conflicts or natural disasters, humanitarian interventions (armed and unarmed) raise fundamental questions about ethics, sovereignty, and political power. The global humanitarian system has gone through significant, and often poorly understood, changes over the last two decades. What are the implications for the protection of civilians? Humanitarian work has expanded to cover more long-term development activities at the same time as emergencies have become more frequent. Meanwhile the division between man-made and “natural” disasters is getting increasingly blurred. Humanitarian reform initiatives, with their focus on accountability, transparency and financing, have become institutionalized. But they are raising further questions in their wake.

New actors are rapidly transforming the humanitarian landscape: heavyweights like China, Brazil and Turkey engage in cross-border humanitarian action in ways that differ from the “classic” humanitarianism of Northern donors.  Global philanthropy and the rise of “for profit” NGOs reshape the political economy of humanitarian aid. Social media and so-called “humanitarian technologies” continue to transform understandings of what disasters are, and how civilians can be aided and protected.

In the midst of this, most humanitarian assistance remains a local affair: Human rights groups, social movements and a multiplicity of faith-based organizations bring their specific rationalities to the table in their efforts to address the needs of community members and displaced individuals fleeing from crisis. And of course, for all that humanitarianism is constantly in the news, most of the time the international community is not present, or it arrives too late.

The Norwegian government and Norwegian NGOs have long been (and remain) important actors on the humanitarian stage.

Humanitarian principles are central to overall Norwegian foreign policy, and humanitarian donorship is central to the Norwegian national identity.  In 2011, funding for humanitarian issues totaled 3, 3 billion Norwegian Kroner. This constituted 12% of the Norwegian aid budget, and according to OECD/DAC, the Norwegian contribution represented around 3 % of all humanitarian aid given.  Norway is home to myriad organizations that self-define as “humanitarian”, ranging from mom-and-pop shops to the big internationally known organizations like the Norwegian Red Cross, the Norwegian Refugee Council, CARE International, Save the Children Norway, the Norwegian Peoples Aid and the Norwegian Church Aid.

These organizations work in conflict zones across the globe. While Norway’s roles in peace negotiations and in development aid have been contentious issues for some time, the channeling of these funds to the world’s emergency zones has so far been relatively uncontroversial at home.  For all Norway’s imprint around the globe there is surprisingly little public debate about humanitarian issues in Norway itself.

Based on our work in a range of conflict zones such as Afghanistan, Colombia, the Horn of Africa and the two Sudans; in post-conflict settings like Liberia and Uganda; and in the air-conditioned meeting rooms of the “humanitarian international” in New York and Geneva, our aim is to change that.

The knowledge battlefield of protection

Sande Lie, J. H. ( 2012) “The Knowledge Battlefield of Protection” in African Security, Vol. 5, Issue 3-4.

Abstract

Drawing on fieldwork from different operational levels of UNMIS, this article moves beyond the formal renderings of the protection of civilians. It explores protection as a discursive battlefield of knowledge in which different actors vie over its meaning and moral affiliation. There exists no unambiguous definition of what protection means and entails in practice. Rather, the protection discourse is interpreted contextually drawing on involved actors’ mandate and institutional culture. This protection battlefield transcends its humanitarian legacy and reflects a discourse relinquishing its erstwhile regulatory hold over conceptual and practical borders, once separating the various segments of the international community.

Complete article available here.