09 May 2008

























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Civil Society and UN Work to Deliver R2P

New York, 4 March 2008 – Attention to the Responsibility to Protect (R2P) increased recently with several initiatives on the part of civil society and the UN. A new organization – the Global Centre for the Responsibility to Protect - was launched in New York to promote the R2P concept and catalyze international action. Additionally, a group of elder statements and activists declared February “R2P month,” during which politicians and media commentators discussed prospects for taking the concept from theory to action, including in Kenya. Finally, a UN Special Adviser began work with a focus on building consensus for R2P among Member States.

R2P is an emerging international norm endorsed by UN Member States at the 2005 World Summit. Governments agreed that States have a primary responsibility to protect their own populations from genocide, ethnic cleansing, war crimes and crimes against humanity. Further, the international community has a responsibility to take action when a government fails to protect its citizens.

New Resource Center

The new Global Centre for the Responsibility to Protect was launched on 14 February. Housed in the Ralph Bunche Institute for International Studies at the Graduate Center of the City University of New York, the Centre “will serve a catalyst for moving the responsibility to protect from principle to practice.”

Describing R2P, the Secretary-General’s message on the opening of the Global Centre said: “It summarizes the inherent obligation of every State to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. It also asserts the responsibility of the international community to take collective action through the United Nations to protect populations from such serious crimes and violations when states manifestly fail to do so.”

The Global Centre is a collaborative product of five NGOs, including the International Crisis Group, Human Rights Watch, Oxfam International, Refugees International, and the World Federalist Movement-Institute for Global Policy. The Centre will conduct research on refining and implementing the R2P concept, support efforts to “generate political will” among governments and intergovernmental bodies, establish linkages among government, academia, and civil society, and serve as an “an information clearing-house and resource” for all parties seeking to lead the fight against mass atrocities.

Assuming the post of Executive Director is W. Andy Knight, a professor at the University of Alberta and expert in resolution of armed conflicts. To date, the Center has attracted a number of distinguished individuals to serve as Patrons. Among them are former UN Secretary-General Kofi Annan, former Force Commander of the UN Mission to Rwanda Romeo Dallaire, and Chair of the South African Truth and Reconciliation Commission Desmond Tutu.

In addition, an International Advisory Board comprised of academics, policymakers, and NGO representatives will provide the Executive Director with advice on strategy, policy and management. The Board’s Co-Chairs are Gareth Evans of the International Crisis Group and Mohamed Sahnoun, President of Initiatives of Change International—both former diplomats. Jan Egeland, director of the Norwegian Institute of International Affairs and Juan Méndez, president of the International Center for Transitional Justice also serve on the Board.

Website of Global Centre for the Responsibility to Protect

R2P Month

The Elders, a group of statesmen, peace activists, and human rights advocates led by Desmond Tutu and Nelson Mandela, declared February 2008 to be “R2P month.” The Elders pledged their support to the Global Centre described above.

In a recent opinion piece in the International Herald Tribune one such elder, Desmond Tutu, commented that: “More must be done to bring R2P to life.” Noting that the concept is frequently misunderstood, Tutu clarified that R2P is not a justification of military intervention, but a capacity-building enterprise that requires States to protect their own people. Commenting on the situation in Kenya, Tutu continued, “I believe what we are seeing in Kenya is action on a fundamental principle - the Responsibility to Protect. At the UN World Summit in September 2005, government leaders pledged that states must protect their populations from mass atrocities and, if they fail, the international community must take action.”

European and U.S. Politicians’ Support for R2P

Delivering a speech in India last month, British Prime Minister Gordon Brown expressed his optimism that the R2P concept would prove an invaluable tool for preventing and responding to instances of genocide and mass atrocity under the “new world order.”

At least one major U.S. presidential candidate—Hillary Clinton—has voiced support for R2P. Speaking before the Armenian National Committee of America, Clinton said, “[we] must close the gap between words and deeds to prevent mass atrocities. That is why I am a supporter of the Responsibility to Protect. As President, I will work to build and enhance U.S. and international capacity to act early and effectively to prevent mass atrocities.”

Concerns about Implementing R2P

In a recent New York Times “Diplomatic Memo,” Warren Hoge articulated fears about the gap between theory and practice when it comes to humanitarian intervention. While more than 150 countries have committed themselves to R2P, he argued little has been done to halt the continuing atrocities in Darfur. The UN “has been stymied by the failure of major member states to fulfill promises to support action and by the intransigence of the Sudanese government.” Militarily advanced countries have not been receptive to UN requests for aviation and logistical assistance.

Echoing these concerns, the One World Trust (OWT) issued a recent paper calling for “wider governance protocols” to clarify the relationship between the UN and regional organizations (such as the African Union). OWT hopes to prevent the further emergence of a “two-tier” system, in which under-trained and ill-equipped regional forces monopolize local peacekeeping efforts and effectively fragment multilateral responses, like those of the UN. The African Union’s “don’t call us, we’ll call you” attitude towards UN peacekeeping initiatives in Darfur is just the most recent, and most troubling, example of this phenomenon, according to OWT.

Kenya: Whose Responsibility?

As the humanitarian situation in Kenya disintegrated following the eruption of political violence over last December’s contested elections, the UN Special Adviser on the Prevention of Genocide, Francis Deng, called for an immediate cessation of the attacks that have killed more than 800 people. Faced with what one U.S. diplomat has labeled “clear ethnic cleansing,” UN officials put increasing pressure on the Kenyan government to abide by its international human rights obligations.

On 28 January, Deng used the language of R2P in a warning to political and community leaders in Kenya accused of provoking and sustaining attacks. According to a UN spokesperson, Deng “urged them to meet their responsibility to protect the civilian population and prevent the violence.” In addition, a spokesperson for the UN’s children’s fund said, "The state fails to live up to its task of protection."

On 28 February Kenya’s president and opposition leader signed a power-sharing agreement in an effort to end the violent crisis.

Revised Appointment of Special Advisor on R2P

On 21 February the office of Secretary-General Ban announced the appointment of Edward Luck as a Special Adviser “with a focus on the responsibility to protect populations from genocide, ethnic cleansing, war crimes and crimes against humanities.”

Luck’s responsibilities as Special Adviser are described as normative, rather than operational. They include developing clarity and building consensus for the concept of the Responsibility to Protect, “to assist the General Assembly to continue consideration of this crucial issue.” Luck will undertake a “broad consultative process” to develop proposals for consideration by the UN membership. The Special Adviser position was established at the Assistant Secretary-General level on a part-time basis.

Ban had proposed the post of “Special Adviser on R2P” in August 2007 and selected Luck to fill the position. Speaking in October 2007, Luck stated, “There now really is a feeling that there is a responsibility to help states meet their responsibilities. The P5 [Permanent Five members of the Security Council] has their own agenda, but it is our international responsibility to caucus these governments to make sure that they meet their responsibilities.” On December 11 the Security Council acknowledged the appointment, leading to its announcement by Ban’s office. However, December 2007 discussions in the budgetary committees of the General Assembly resulted in no decision on funding for the R2P post, leaving its status unclear.

There remains a sense from some Member States that the norm still lacks clarity and that a specifically R2P-related mandate has not been fully endorsed by all Member States. In budgetary meetings in December, some States denied that they had endorsed the Responsibility to Protect as a norm in the World Summit Outcome Document (WSOD). This led to questioning the need for a Special Adviser on the norm. Some States proposed that the GA formally discuss how to implement the commitment in the WSOD (paragraph 139) before deciding on the Secretary-General’s proposals.

The exact wording of his revised title, according to UN sources, is a result of this resistance to the position from some Member States and related, ongoing Fifth Committee deliberations.

The Fifth Committee’s resumed session (3-28 March 2008) is expected to decide on funding for the post.

Luck will work closely with Mr. Francis Deng, Ban’s Special Adviser for the Prevention of Genocide.

Click here for biographical information on Edward Luck.

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