Protection demands focus on especially vulnerable groups

[This article is one of a series of reports and interviews that comprise a new Web Special on Civilian Protection in Armed Conflict. In it, IRIN explores International Humanitarian Law and principled humanitarian action, the provisions for civilian protection, the problems encountered in achieving this, and the prospects for the future. See web special at www.irinnews.org] THE plight of civilians takes on particular importance when gaps in the protection system emerge, as they frequently do in times of armed conflict. In addition to tackling the generalised protection of civilians and other noncombatants in armed conflict, humanitarian agencies address as particular protection concerns the situations of refugees and internally displaced persons (IDPs); children, who are guaranteed special attention in international law; women and girls, who mostly experience armed conflict as civilians, and are often exposed to acts of violence, including rape and other forms of sexual violence; and missing persons. Internally Displaced Persons Some 20 to 25 million people spread over 47 countries are displaced by violence and persecution but remain within the borders of their own countries. Many suffer from inadequate provision for needs other than emergency food, water and shelter, particularly in terms of protection and living with dignity. There are specific IHL provisions addressing the problem of forced displacement, a serious humanitarian problem in many conflict and post-conflict situations, where ethnic, religious, political groups and/or minority groups are forced from their homes by violent actions or the threat thereof. The Geneva Conventions and additional protocols specifically prohibit the forcible movement of civilians, while international human rights law on the freedom of movement implies a right to remain, to leave and to return, which may not be subjected to restrictions based on discrimination due to race, sex, language or religion. In addition, there are human rights prohibitions on the arbitrary separation of children from their parents and on "widespread or systematic deportation or forced transfer of population", which is a crime against humanity under the states party to the International Criminal Court (ICC). The primary responsibility for protecting and assisting IDPs rests with the states in which the displacement occurs, but the scope and complexity of internal displacement (especially when it is sometimes caused by those very governments whose responsibility it is to protect their civilians) demands the attention and concerted action of a wide range of humanitarian, development and political actors. The representative of the UN secretary-general on IDPS, Francis Deng, focuses on developing the appropriate international frameworks for the protection and assistance of IDPs. After a comprehensive study of existing laws and mechanisms for the protection of IDPs, he prepared the Guiding Principles on Internal Displacement in 1998, which have become the framework of policy and programme for state and humanitarian actions in this area. [for details, see: http://193.194.138.190/html/menu2/7/b/midp.htm] A core group of UN agencies and humanitarian partners with protection expertise and field experience have also joined in a "Protection Coalition" in support of the IDP Protection Unit established within the UN Office for the Coordination of Humanitarian Affairs (OCHA) by UN Secretary General Kofi Annan. This unit concentrates primarily on IDP issues related to countries where conflict-induced displacement is most acute and ongoing. That coalition has been mainly devised as a platform for analysing specific protection problems identified by humanitarian partners in the field and finding practical solutions. Although it does not have a specific mandate for IDPs, the office of the UN High Commissioner for Refugees (UNHCR) assists several million displaced people in various crises, but not all the 20 million to 25 million IDPs worldwide. The situation of IDPs globally particularly demands more engagement from diplomatic actors and the humanitarian community with government and non-state armed forces - with a view to preserving the rights of the displaced to seek asylum, replacing lost personal documentation and setting up camps to prevent attack, according to the NGO Refugees International. It has also recommended greater donor engagement and advocacy on the protection of civilians, along with "a bolder approach" to challenging governments on protection issues. NGOs and humanitarian actors have also emphasised the urgent need to operationalise the Guiding Principles through training, mainstreaming and assistance programmes, and also to address the legal status of the Guiding Principles – which currently have considerable status and support that is not underpinned by suitable legal measures. Refugees The UNHCR is mandated to lead and coordinate international action to protect refugees and safeguard their rights and welfare. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another state, with the option of returning home voluntarily, integrating locally or resettling in a third country, as appropriate. [www.unhcr.ch] Today, the agency is endeavouring to help an estimated 19.8 million refugees in more than 120 countries. A refugee has the right to safe asylum, but also to basic rights (including freedom of thought, of movement and freedom from torture and degrading treatment) and assistance (shelter, food, health care, education), which the agency sometimes struggles to provide in the face of difficult circumstances, government intransigence, funding difficulties or a myriad other reasons. Guided by the 1951 United Nations Convention relating to the Status of Refugees, its 1967 Protocol and principles of international refugee law, UNHCR offers its protection and assistance to refugees on the basis of need (irrespective of race, religion, political opinion or gender) except in so far as it pays particular attention to the needs of children and seeks to promote the equal rights of women and girls. [see UNHCR’s Agenda for Protection at www.unhcr.ch] The agency’s main role in pursuing international protection, it says, is "to ensure that states are aware of, and act on, their obligations to protect refugees and persons seeking asylum". Those who have participated in war crimes or violations of humanitarian and human rights law are specifically excluded from the protection accorded to refugees, but it is difficult to separate such people – often military or quasi-military elements – when they attach themselves to civilian groups, especially in large refugee movements or refugee camps. The most viable solution, according to UNHCR, is to provide support initiatives, such as the international criminal tribunals, to end impunity and bring such people to justice. As well as giving fleeing civilians emergency food, shelter and other material assistance as a first step to protection and rehabilitation, UNHCR tries to work with governments and other organisations on subjects ranging from promoting asylum systems to refugee advocacy, in order to promote the legal protection of refugees and durable solutions. Women and Children Appalling evidence exists of the casual and/or systematic abuse of women in war settings and in areas where civilian populations have fled – internally or internationally – from violent conflict. The impact of modern warfare, especially between state and non-state actors, is even greater on civilians, Carol Bellamy, the executive director of the UN Children's Fund (UNICEF), told IRIN. This was "especially true of women and children , because they are killed, displaced from their homes and also displaced from their livelihoods", she said. "Basic services fall apart. They have no basic health care. They suffer daily instability as a result of conflict." In this context, it is important to remember that in the majority of refugee flights, over half the adult population is comprised of women – many of whom are single heads of household caring for dependent children and/or elderly family members. In refugee situations, or where internal displacement occurs, women are routinely exposed to physical and sexual violence, as well as all manner of exploitation, according to the UN. It is clear that the desperate survival condition of some war-affected women and children has facilitated their exploitation by those with power and resources. A first step is to ensure adequate provision of basic needs, especially food rations, for affected populations, according to aid workers. UN Secretary-General Kofi Annan expressed concern at the UN Security Council in November about the "serious challenge" of an increased focus on gender-based violence in conflict situations. [see separate section in IRIN web special] A special Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, co-chaired by UNICEF and OCHA, but also including the Red Cross movement and NGOs, is now looking at gaps or weaknesses in procedures and standards with a view to proposing specific measures to tackle them. There has already been work done on the adoption of core principles and minimum standards of conduct for UN staff in order to ensure that they themselves do not exploit vulnerable persons in situations of conflict, but rather create an environment that enhances care and protection. "The threat of sexual violence against women and girls in countries in conflict is very real," Bellamy told IRIN. "It took until much too late for the international community to define rape as a war crime... In conflict situations, where rape has become a weapon, the threat of HIV/AIDS has become even greater." The protection of children and family life is given a great deal of importance in humanitarian law – including provision for children’s education and physical care; of the separation of children from adults; and special provision for children who are orphaned or separated from the families. But because of the changing nature of war, small arms are becoming more accessible to non-state actors and civilians, including children, more than ever, according to Bellamy. "Small arms kill thousands of women and children each year," she said. "Millions more are injured, disabled and displaced. Their education is disrupted. Many die from malnutrition and preventable diseases due to the insecurity." UN Under-Secretary-General Olara Otunnu, the secretary-general's special representative for children and armed conflict, has outlined an "agenda for action", which outlines a range of measures to protect children from the impact of war. "There should be no impunity for crimes against children," insists Otunnu, who was appointed in August 1997 to improve the UN system’s ability to protect children in situations of war. Missing persons The International Committee of the Red cross (ICRC) has a new campaign focusing particularly on missing persons: those unaccounted for as a result of armed conflict or internal violence and whose location is often hidden by military and/or political parties to a conflict. On 19 and 21 February the ICRC held an international conference to address the issue, which is not only distressing for those directly concerned but may also hamper reconciliation and peace efforts by contributing to further outbreaks of violence. Current methods of dealing with the issue of missing people and the treatment of their families and friends are far from ideal, and ICRC has now launched a major initiative to get action to address the problem. [see www.icrc.org/eng] The scourge of small arms A relatively new but increasing and terrible danger to civilians in war, according to the ICRC, is that a vast number of actors have "easy access to highly lethal weaponry, facilitated by the opening of borders, arms surpluses from the Cold War and the rapid expansion of free trade". Such weapons are increasingly falling into the hands of all types of fighters, including children, who are not members of regular armies and many of whom show scant regard for international humanitarian law. Assault rifles are often the most commonly available weapons in situations of armed conflict, and the weapons are believed to be the principal cause of civilian deaths and injury. "The proliferation of weapons in the hands of new and often undisciplined actors has outpaced efforts to ensure compliance with basic rules of warfare," according to the ICRC. "The result is appalling levels of wanton violence, human suffering, [and of] social and economic disruption." Unregulated availability of small arms can increase tension, lead to their indiscriminate use and a rise in civilian casualties. Among humanitarian workers, there certainly seems to be a belief that there is a clear link between weapons availability, the dangers to civilians during and after conflict, and violations of international humanitarian law. According to the ICRC, fundamental humanitarian principles require that weapons proliferation be addressed, because "it can needlessly increase the number of victims in war situations, and their suffering". Small arms and light weapons pose a particular problem because of their simplicity of use and durability; portability and ease of concealment; low cost and wide availability; and their lethal force, through which even small armed groups can pose terrible threats to armed forces, civilians and society at large. Whether or not the proportion of civilians to overall numbers killed runs as high as 80 percent, as some sources suggest, the level of civilian death and injury is certainly high – and rising – despite the protection to which they are entitled under international humanitarian law. For that reason, ICRC says, the deliberate injection of arms into situations where serious violations of international humanitarian law occur, or are likely to occur, should be considered a matter of grave concern. While primary responsibility for assuring civilian protection falls on the user of a weapon, arms-producing and -exporting states "bear some responsibility to the international community for the use made of their weapons", says the ICRC Among other recommendations, the agency has suggested the establishment of an international system for marking manufacturing information on small arms, light weapons and the ammunition for these, to ensure greater accountability and responsibility among arms suppliers. Addressing impunity Protection experts place a high priority on the full establishment of the International Criminal Court (ICC), inaugurated in March, thus moving away from ad hoc tribunals – such as the International Criminal Tribunals for the former Yugoslavia and for Rwanda – and bolstering the integrity and effectiveness of national justice systems. As important as the ICC and other international criminal courts will be, advocates for international humanitarian law emphasise that "national courts will continue to have an important role in the prosecution of war crimes" – both the courts of states in which armed conflict is taking place, and threatening civilians, and those of third-party states which are keen to see impunity for violence against civilians addressed. Despite the challenges of a violent and changing world, advocates of international humanitarian law insist that we should not underestimate the potential to protect civilians using the instruments available to us – if only the political will could be found to match. Effective deterrence is a primary objective of those working to improve the protection of civilians, according to the UN: "Once it is clear that the international community will no longer tolerate heinous breaches of international humanitarian law without assigning responsibility and meting out appropriate punishment - to heads of state and commanding officers, as well as to the lowliest soldiers in the field, or militia recruits - it is hoped that those who would incite a genocide; embark on a campaign of ethnic cleansing; murder, rape and brutalise civilians caught in an armed conflict; or use children for barbarous medical experiments will no longer find willing helpers.”