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University of Amsterdam, School of Law.
Master’s Thesis in International and European Law: Public International Law PEACEKEEPING AND THE PROTECTION OF REFUGEES AND INTERNALLY
DISPLACED PERSONS IN THE CURRENT UNITED NATIONS AND AFRICAN UNION PEACEKEEPING MANDATES IN AFRICA.
Thesis By Mayombo Daniel Student No. 21337129 (2018-2019) Supervisor:
Prof. Marjoleine Zieck
2 Dedication.
I dedicate this thesis to my beloved father Mr. Mugenyi Richard. Thank you for bringing me up with love and affection and ensuring that I obtained quality foundational education that imbued me with the passion for exploring greater heights. I therefore hope that this study honours you.
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Acknowledgments
I thank the ministry of defense of the Republic of Uganda and the ministry of defense of the Kingdom of the Netherlands for granting me the opportunity to study an LLM at the University of Amsterdam. I thank my senior officers in the UPDF especially Lt Gen. Joseph Musanyufu, Brig. George Igumba, Brig. Moses Rwakitarate, Dr. Col. Godard Busingye, Lt Col. Suzan Mwanga, Lt Col. James Kiiza, and Maj. Lydia Katiisi.
I mention with a lot of gratitude the role of Lt Col. Arthur Te Lintelo of the Netherlands army in ensuring that I got this great opportunity in my life. Thank you for not only ensuring that I came to Amsterdam, but also to having made sure that I enjoyed myself while in Amsterdam.
I further thank Prof. Marjoleine Zieck for her tireless efforts in ensuring that I got admission at the University of Amsterdam and for being such a great lecturer and friend. In the same spirit, I thank the entire University of Amsterdam law school for providing such wonderful study environment, in this regard Prof. Terry D. Gill deserves a special recognition for teaching me two interesting courses of international humanitarian law and international law of military operations.
To the love of my life Amongin Sandra Lilian and our beautiful children Absolom Mayombo and Byanjeru Itzel Mayombo, thank you for your patience, never ending love and encouragement always.
Lastly, to my friends Maj. Sanders Keurentjes, Maj. Nick Wobma, Maj. Jan Vites, Muhammed Ibrahim Khan, Jacquelyne Lubowa, Bast Jingo, Sharon Jingo and Nsubuga Derrick, I am grateful for each moment that we shared during my stay in Amsterdam. Thank you so much.
4 TABLE OF CONTENT. Title Page ………1 Dedication………2 Acknowledgment……….3 List of Abbreviations………..…4
Chapter One. Introduction and Background ………..… 8
1.1 Research question and sub questions ………...……….………..11
1.2 Essence of the research ………...………...….12
1.3 Methodology………....13
1.3.1 Research design……….14
1.3.2 The study population……….14
1.3.3 Structure of sample size……….15
1.3.4 Data collection methods……….15
1.3.5 The research procedure……….16
1.3.6 Data processing……….16
1.3.7 Data analysis……….16
1.3.8 Arrangement of chapters………..…….17
Chapter Two. Assignments to military peacekeepers in the UN and AU peacekeeping mandates regarding the protection of refugees and IDPs 2.1 Protection of civilians………...18
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2.2 Creation of a secure and peaceful environment for return……….19
2.3 Proactive military deployment ……….20
2.4 Humanitarian assistance………....21
2.5 Disarmament, demobilization and reintegration……….22
2.6 Conclusion………22
Chapter Three. International Law Applicable to the Protection of Refugees and IDPs in UN and AU peacekeeping missions. 3.1 Refugees………...24
3.2 Internally Displaced Persons (IDPs)……….25
3.3 Legal protection of refugees’ international human rights law……….……...26
3.4 Legal protection of refugees under international refugee law………28
3.5 Legal protection of IDPs under international human rights law ...………29
3.6 Legal protection of IDPs under international refugee law……….30
3.7 Conclusion………31
Chapter Four. The Understanding and Practice by Military Peacekeepers in the Current UN and AU Peacekeeping Mandates in Africa. 4.1 Overview………...32
4.2 Key findings ……… ………...………….…… 33
4.2.1 Pre mission training………33
4.2.2 Substance of the UN and AU peacekeeping mandates………...33
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4.2.4 Training needs………...35
4.2.5 Knowledge about international law applicable to refugees………...36
4.2.6 Knowledge about international law applicable to IDPs……….…...36
4.2.7 Legal entitlements of refugees ………37
4.2.8 Knowledge about specific tasks regarding refugees and IDPs in the mandates…………...37
4.2.9 Accountability mechanisms for human rights violations by peacekeepers……….38
4.3 Recommendations from respondents………...39
4.3.1 Conclusion………...……….39
Chapter Five. Accountability and Responsibility for Human Rights Violations by Peacekeepers in UN And AU Peacekeeping Missions in Africa. 5.1 Detection and reporting of human rights violations ……….……40
5.2 Accountability for human rights violations in UN and AU peacekeeping missions……… ….42
Chapter Six. Conclusion and Recommendations. 6.1 Conclusion………...…....47
6.2 Recommendations………...48
Annexure. QUESTIONNAIRE ADDRESSED TO OFFICERS AND MILITANTS OF THE UGANDA PEOPLE’S DEFENCE FORCES (UPDF)………...49
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List of Abbreviations.
UN UNITED NATIONS
AU AFRICAN UNION
UNTAG UNITED NATIONS TRANSITIONAL GROUP
MINURS UNITED NATIONS MISSION FOR THE REFERENDUM IN WESTERN SAHARA
MINUSMA MULTIDIMENSIONAL INTEGRATED STABILIZATION MISSION IN MALI
UNISFA UNITED NATIONS INTERIM SECURITY FORCE FOR ABYEI
UNMISS UNITED NATIONS MISSION IN SOUTH SUDAN
MONUSCO UNITED NATIONS ORGANIZATION STABILIZATION MISSION IN
THE DEMOCRATIC REPUBLIC OF THE CONGO
UNAMID UNITED NATIONS - AFRICAN UNION HYBRID OPERATION IN DARFUR
UNMIL UNITED NATIONS MISSION IN LIBERIA
AMIB AFRICAN UNION MISSION IN BURUNDI
UNDPKO UNITED NATIONS DEPARTMENT OF PEACEKEEPING
AMISOM AFRICAN UNION MISSION IN SOMALIA
UNSC UNITED NATIONS SECURITY COUNCIL
PSC PEACE AND SECURITY COUNCIL
IDPs INTERNALLY DISPLACED PERSONS
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UNGU UNITED NATIONS GUARD UNIT
SOFA STATUS OF FORCE AGREEMENT
ROE RULES OF ENGAGEMENT
Chapter 1.
INTRODUCTION AND BACKGROUND.
Peacekeeping is one of the measures that the United Nations (UN) undertakes in order to restore international peace and security. 1 It helps countries navigate the difficult path from conflict to peace, it is comprised of unique strengths, including lawfulness of the peacekeeping missions in International law as based on consent by the host state, burden sharing, and an ability to deploy troops and police from around the world, integrating them with civilian peacekeepers to address a range of mandates set by the UN Security Council and General Assembly. 2
The origin of the UN and African Union (AU) peacekeeping mandates in Africa can be traced back to 1960 and 2003 respectively. The intervention in Congo in 1960 was the first main peacekeeping mission by the UN.3 In 1989, the United Nations Transitional Group (UNTAG ), was established in Namibia in a preventive way to ensure peaceful establishment of authority in the newly independent state by then.4 These were followed by missions such as, MINURSO in Mali,5
1 Charter of the United Nations, 1945, Chapter VII and VIII.
2 United Nations Peacekeeping. https://peacekeeping.un.org/en, accessed on 02/04/19 at 18:36 hrs.
3 Marrack Goulding, the evolution of the United Nations peacekeeping, International Affairs, Volume 69, Issue 3, 1
July 1993, Pages 451–464. The United Nations Operation in the Congo (ONUC; French: Opération des Nations Unies
au Congo) was a United Nations peacekeeping force in the Republic of the Congo that was established after United Nations Security Council Resolution 143 of 14 July 1960. The mission was launched to help restore stability to the Congo after it fell into conflict and disorder following independence. ONUC was the UN's first peacekeeping mission with a significant military force. It was withdrawn in 1964.
4 UNTAG was established in accordance with UN Security Council Resolution 632 (1989) of 16 February 1989, to
assist the Special Representative of the Secretary-General to ensure the early independence of Namibia through free and fair elections under the supervision and control of the United Nations..
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UNOSOM 1 and UNOSOM 11 in Somalia,6 UNITAF in Somalia, UNAMIR in Rwanda, United Nations Mission in Liberia (UNMIL), MONUC (now MONUSCO) in Congo, UNAMID in Sudan, among others.
On the other hand, the conduct of peacekeeping missions by the AU started with the 2003 AU peace operation in Burundi, also known as the African Union Mission in Burundi (AMIB), 7 this was the first operation wholly initiated, planned and executed by AU members. It represents a milestone for the AU in terms of self-reliance in operationalising and implementing peacebuilding. The mission succeeded in the supervision and implementation of a ceasefire agreement and it created conditions that were favourable for the deployment of the United Nations peacekeeping.8
Also, following the 16 November 2006 High-Level consultations in Addis Ababa, Ethiopia, the UN Department of Peacekeeping Operations (DPKO) augmented the existing African Union Mission in Sudan (AMIS) and prepared to deploy an unprecedented joint AU/UN peacekeeping operation in Darfur. This led to theUnited Nations - African Union Hybrid Operation in Darfur. 9
The African Union Mission in Somalia (AMISOM), is the most recent AU peacekeeping mission in Africa. The operation was authorised in 2007 after the failure of UNOSOM 1 and UNOSOM 11.10 The two missions failed to stop the fighting and to ensure protection of civilians, humanitarian relief among others.
Uganda was the first country to deploy its troops in Somalia, it has since then deployed about 6000 troops every year, making it the biggest troop contributor to the mission.11 A main reason for making the Ugandan military a case study for this thesis.
6 United Nations Peace keeping and security, https://peacekeeping.un.org/ru/mission/past/unosom2backgr1.html last
accessed on17/01/2019 at 13:26 hrs.
7 Isiaka Alani Badmas. The African Mission in Burundi (AMIB): A Study of the African Union’s Peacekeeping
Success and ‘Triangular Area of Tension in African Peacekeeping’, available at https://journals.sagepub.com/doi/pdf/10.1177/0974928416683038, accessed on 22nd May 2019 at 11:11 hrs.
8 United Nations Operation in Burundi, 2004-2006, established by UN security council resolution 1545 (2004).
9 The African Union - UN hybrid operation in Darfur was formally established by the Security Council on 31 July
2007 through the adoption of resolution 1769, referred to by its acronym UNAMID, under Chapter VII of the UN Charter. UNAMID formally took over from AMIS on 31 December 2007.
10 AMISOM home page, http://amisom-au.org/amisom-background/ last accessed on 17/01/2019 at 13:31 hrs. 11 AMISOM. http://amisom-au.org/amisom-background/, accessed on 22 May 2019 at 11:19 hrs.
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The United Nations Security Council (UNSC) and the Peace and Security Council (PSC) of the African Union (AU) have a vested interest in conducting more effective peace operations in Africa.12 There are currently eight peacekeeping operations in Africa and of these, the UN is solely conducting six missions under different mandates, these include; the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), United Nations Mission for the Referendum in Western Sahara (MINURSO), the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), United Nations Interim Security Force for Abyei (UNISFA), and the United Nations Mission in South Sudan (UNMISS).
Almost all the current peacekeeping missions operate in countries with big numbers of refugees and Internally Displaced Persons (IDPs). For instance, by August 2018, the Democratic Republic of the Congo (DRC) where MONUSCO is operating, hosted more than 536,000 refugees. 4.5 million people were also displaced inside the country.13 In Central African Republic, MINUSCA is also working in a theatre of operation with a lot of IDPs, over 574,638 refugees have fled to the neighbouring countries of Chad, South Sudan, Cameroon and Democratic Republic of Congo (DRC). And about 636,489 people are displaced inside the country.14
In South Sudan, by April 2018, there were 296,748 refugees and 1.76 million internally displaced South Sudanese who were forced to flee their homes but did not cross an international border.15 At the same time, 2,274,387 asylum seekers and refugees have fled from South Sudan to other countries.16
12 Arthur Boutellis and Paul D. Williams, Peace Operations, the African Union, and the United Nations: Toward More
Effective Partnerships, International Peace Institute, 2013, at pg.1.
13 UNHCR, Democratic Republic of Congo, 2019, https://www.unhcr.org/democratic-republic-of-the-congo.html
accessed on 29/01/2019 at 13:00hrs.
14 UNHCR, Central African Republic Situation, 2019, https://www.unhcr.org/central-african-republic-situation.html
accessed on 29/01/19 at 15:23hrs.
15 UNHCR, South Sudan Situation, 2019, https://www.unhcr.org/south-sudan.html, accessed on 28th 01 2019 at
18:20hrs.
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Somalia has about 2,468,000 people registered as IDPs and about 33,102 as asylum seekers and refugees from Ethiopia, Yemen, Syria and other countries.17 The number of refugees has gradually increased from 29,748 to 33,102 between February and December 2018.18
The member states of the UN or the AU are the troop contributors to the current peacekeeping operations in Africa. For the purpose of this study, I shall concentrate on the military component of peacekeeping missions and their obligations in the mandates towards the protection of refugees and IDPs in Africa. This is because they are the ones that are involved with situations during conflicts when refugees and IDPs are more vulnerable to human rights violations.
As a serving military officer, it is an honour to be nominated as part of a force that is going to participate in any mission, the pride of serving in a different capacity and getting an opportunity to earn a higher than usual pay are the main reasons for this joy. Just like me, I believe that other military personnel in the Uganda People’s Defence Forces (UPDF) also wish to have this opportunity to participate in either the current AMISOM or the United Nations Guard Unit (UNGU) in Somalia, or any other mission.19
That notwithstanding, this honour comes with responsibilities and obligations in the form of peacekeeping mandates that are given to peacekeepers by the UN and AU. These mandates provide for assignments which must be understood and implemented by the peacekeepers. All the Security Council resolutions that authorize the peacekeeping mandates and establish the peacekeeping operations in Africa recognize and provide for the protection of civilians especially refugees and IDPs.20 This is not surprising considering the big numbers of refugees and IDPs that exists in those countries as discussed earlier on.21
In the performance of their obligations towards the protection of refugees and IDPs as stated in the mandates, peacekeepers are also supposed to comply with the requirements of international law such as human rights law and refugee law, Rules of Engagements (ROEs) and Status of Force
17 Operational portal refugee situations. https://data2.unhcr.org/en/situations/horn?id=110 last accessed on 16/01/2019
at 23:10 hrs. Also, UNHCR fact sheet of 31 December 2018 on Somalia,
18 Ibid.
19 United Nations Assistance Mission in Somalia, https://unsom.unmissions.org/, accessed on 02/04/19 at 16:38 hrs. 20 UN Security Council Resolutions, 2406 (2018), 2409(2018), 2423 (2018), 2431 (2918).
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Agreements (SOFAs). Their behaviour should not cause harm to the civilians for example, peacekeepers in DRC were accused of human rights violations in form of sexual abuses against children and women.22
1.1 Research question and sub-questions.
Considering the fact that the UN security council has expressed concern about those situations that involve refugees and IDPs in the various security council resolutions and called upon the states and the peacekeepers to take all steps necessary in line with the respective peacekeeping mandates to ensure their protection.23 The question that this study is intended to answer is; what do the tasks regarding the protection of refugees and IDPs in the current UN and AU peacekeeping mandates in Africa mean and entail from an International legal point of view?
In answering this question, the study shall be guided by the following sub-questions.
What assignments are given to peacekeepers in the current UN and AU peacekeeping mandates regarding the protection of refugees and IDPs in Africa? This question is intended to establish in the first place if there are assignments to military peacekeepers in the UN and AU peacekeeping mandates in Africa that concern refugees and IDPs.
After considering the texts of the mandates, there shall be need to discuss the law, thus, the next sub-question shall be; What international law is applicable to the protection of refugees and IDPs in peacekeeping missions in Africa?
After discussing the assignments in the mandates and thee protection provided in international law, it shall then be paramount to determine if the peacekeepers have the requisite knowledge about the protection of refugees and IDPs as presumed in the mandates. This question involves an empirical research that requires issuing a questionnaire to soldiers from the UPDF in order to determine the awareness by soldiers about the assignments regarding protection of refugees and IDPs in UN and AU peacekeeping missions in Africa.
22 BBC News, https://www.bbc.com/news/world-africa-39745357, accessed on 02/04/19 at 16:56 hrs. 23 UN Security Council Resolutions (supra), see note 20.
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What is the current accountability mechanism against peacekeepers for human rights violations against refugees and IDPs in peacekeeping missions in Africa? This question aims at establishing whether there are detection and accountability mechanisms in case of human rights violations against refugees and IDPs in peacekeeping missions in Africa.
1.2 Essence of the research.
This study is intended to establish whether the military peacekeeping personnel understand the peacekeeping mandates regarding the tasks pertaining to refugees and IDPs, whether they execute them and if there are enforcement and accountability mechanisms for violation of those tasks by peacekeepers. This shall include the study of detection and reporting of such violations since there can’t be accountability if the violations are not known in the first place. Thus, the need to determine the standard of awareness about violations is paramount.
My interest in writing this research was triggered by the need to acquire an in depth understanding of refugee law and the protection of Refugees and IDPs, this is not only because I am a serving military officer but because one of my future tasks could include training officers and militants in the UPDF about this subject.
The question of whether and how the soldiers in peacekeeping operations understand their duties in peacekeeping operations is also another reason. Answering this question will however be confined to the UPDF because it has participated in peacekeeping operations such as AMISOM in Somalia, the fact that I have access to it than any other army for purposes of the study, and in addition the fact that I will be training them in the future.
1.3 Methodology.
The study mainly focuses on the legal analysis of the meaning of the tasks entailed in the current UN and AU peacekeeping mandates in Africa as regards the protection of refugees and IDPs from an international legal point of view. It is restricted to the current peacekeeping missions in Africa because the continent has the greatest number of these missions in the world, also considering the contribution of Africa towards the world refugee population.24
24 UNHCR.UN Global Report 2017 published in June 2018, available at
https://www.unhcr.org/publications/fundraising/5b30b9d07/unhcr-global-report-2017-africa-regional-summary.html, accessed on 19th July 2019. 24.2 Million are people of concern in Africa.
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During the study, reference was made to the Convention Relating to the Status of Refugees 1951 and its additional protocol of 1967, African Charter on Human and People’s Rights ( Banjul Charter) 1981, Kampala Convention on Refugees, Returnees and Internally Displaced Persons in Africa 2009, the New York declaration for refugees 25, the 1969 Convention governing the Specific Aspects of Refugee Problems in Africa (‘1969 Convention’).26
Also, regular reports to the secretary General of the UN about the missions, information from the data bases of the United Nations and its organs such as the United Nations High Commissioner for Refugees (UNHCR), textbooks and other materials are used.
In addition to a classical legal research – the internal perspective – the study also includes empirical research: UPDF officers and militants who have been or are on active duty in peacekeeping operations have been questioned about their knowledge and experience with the mandates of those
operations regarding the protection of refugees and IDPs by means of a questionnaire.27 The selection of officers, and the significance of the outcome of the questionnaire is discussed
below.
1.3.1 Empirical research design.
The empirical part of the study adopted a cross sectional design in which data were collected. The choice of this design was informed from the fact that it is quick, and it uses resources optimally in terms of finances, time, and distance. Also, for descriptive purposes this design is very useful, and the collected data is used to identify relationships between different variables. 28
25 1951 Convention relating to the status of refugees, opened for signature in 1951 and came in to force in 1954, Banjul
Charter adopted 27th June 1981 and came into force on 21 October 1986, the 1967 protocol relating to the status of
refugees opened for signature and came into force in 1967. UN General Assembly, African Union, Kampala Declaration on Refugees, Returnees and Internally Displaced Persons in Africa, 23 October 2009,New York Declaration for Refugees and Migrants: resolution adopted by the General Assembly, 3 October 2016.
26 Adopted on 10 September 1969 at the sixth ordinary session of the Organization of African Unity, now African
Union (AU) and entered into force on 20 June 1974.
27 A copy of the questionnaire is attached and marked Annex. 1
28 C.R Kothari, Research Methodology and Techniques, 2nd Edition, 2004, New age international publishers. The
variables in this context are the soldiers of different ranks in the UPDF who have been to any peacekeeping mission.
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The fact that the data were collected from officers and militants of different ranks and from different units in the UPDF – the focus on the UPDF is explained below - in order to determine their practical knowledge about the protection of refugees and IDPs in peacekeeping missions
1.3.2 The study population.
The research was carried out amongst soldiers from the UPDF who have participated in or are participating in peacekeeping missions in Africa in the period 2009-2019 since some could have died or retired within the ten years. The population sample hence focuses exclusively on the UPDF, for two reasons. The UPDF is the biggest troop contributor to AMISOM, and in addition the author had access to those officers and militants
1.3.3 Structure of sample size.
A total of only 500 soldiers of all ranks who have been to any peacekeeping mission were targeted. This is because soldiers are deployed in different areas and it is not easy to access most of them, also considering their obligation not to disclose information, and the strict security concerns in the army. There was no specific group of soldiers that was considered because they all undergo the same training.
500 officers were targeted: the questionnaire was sent to them on the 28th May 2019, and they could answer until 15th July 2019. It turned out that an estimated 80 soldiers out of the 500 were illiterate and therefore could not answer the questionnaire. Another 50 soldiers at Singo pre-mission training and those on active duty in Somalia were prevented by UPDF intelligence officers from answering the questionnaire despite a clear authorization from the Joint Chief of Staff and the Chieftaincy of Military Intelligence being presented to them.29 And that means that from the 500, 80 were incapable of filling out the questionnaire, and 50 others were prevented from filling it out. The net result was that the questionnaire could be filled out by 370 officers and militants. Another 30 were incapable of filling out the questionnaire too simply because the people who were helping the researcher to issue it did not have the resources to print and scan the documents or to move from one unit to another. The result is 340 officers and militants.
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However, another 35 declined to fill out the questionnaire since they expected a financial compensation for their effort which was not the case. Another 55 soldiers, including senior officers, also declined to answer the questionnaire arguing that doing so would cause them trouble. The result was that 250 officers were left to fill out the questionnaire. In the end, 150 of them did, and that means, 60%. If only those who are illiterate and those who were prevented from doing so either by their superiors or because they did not receive the questionnaire are subtracted from the original 500, 150 out of 340 answered the questionnaire, which comes down to 44,12% . The question then becomes are these percentages representative of the entire target population or not ?
A representative sample is one that accurately represents, reflects, or “is like” the study population.30 A representative sample should be an unbiased reflection of what the population is like. In choosing the sample, factors such as rank, age , sex, appointment, level of education and deployment were not considered , therefore there was neutrality. Considering the factors explained above, 150 soldiers constitute a representative sample of the study population of 500 soldiers as well as the entire UPDF.
Also, since the force has the same pre mission training for all soldiers conducted at Singo which is always conducted before any mission for a period of six months, the population sample should be representative of the target population.
Even if those percentages are not considered to be representative, the question is whether that matters in the present context. It is argued that it still is indicative of the extent to which UPDF soldiers understand the tasks assigned in PKO mandates regarding the protection of refugees and IDPs.
1.3.4 The Questionnaire.
The questionnaire that was used – the text of which has been included as an Annex - , a self-administered questionnaire, contained both open ended and closed ended questions to collect the data from the respondents because they are time saving and flexible.
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1.3.5 The research procedure
The researcher sought and obtained clearance from the Joint Chief of Staff (JCOS) and Chieftaincy of Military Intelligence (CMI) in UPDF to issue a questionnaire to the soldiers. This was achieved with the help of different officers especially in the Chieftaincy of Legal Services (CLS).
1.3.6 Data processing.
Questionnaires were checked for the mistakes in responses, completeness of data that was collected during the research and this was done during and after data collection.
1.3.7 Data analysis.
After the data were collected, they were entered into an excel data-base, and then filtered in order to eliminate outliers, and coded. Subsequently, the data were analysed using excel pivot tables. The qualitative part of the data was analysed using content analysis approach. This helped in coming up with conclusions and recommendations of the study.
1.3.8 Arrangement of chapters.
The study is comprised of six chapters.
Chapter two aims at discussing the assignments to military peacekeepers as stated in the current UN and AU peacekeeping mandates in Africa pertaining to the protection of refugees and IDPs. It shall consider the substance of those mandates while identifying the various assignments to military peacekeepers that relate to the protection of refugees and IDPs.
Chapter three shall discuss the international law applicable to the protection of refugees and IDPs. This shall mainly concentrate on the law that applies to the execution of those assignments that shall have been discussed in chapter two of this study.
Chapter four discusses the implementation of the UN and AU peacekeeping mandates by military peacekeepers. It shall delve into the understanding of the peacekeepers about the nature of these obligations, this shall be established by issuing a questionnaire to soldiers in the UPDF.
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Chapter five shall aim at establishing whether there are any accountability and responsibility mechanisms in place. Since failure to act against violations encourages impunity, there is need to establish what steps are taken in case peacekeepers violate their obligations towards the protection of refugees and IDPs. Questions of, how are the violations detected and reported, who is responsible, whether it is the state, the organization or the peacekeepers themselves shall also be discussed under this chapter.
The last chapter shall make a general observation from the study and then come up with recommendations aimed improving the protection of refugees and IDPs by soldiers in peacekeeping missions in Africa by the UN and AU.
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Chapter 2.
ASSIGNMENTS TO PEACEKEEPERS IN THE CURRENT UN AND AU
PEACEKEEPING MANDATES IN AFRICA PERTAINING TO THE PROTECTION OF REFUGEES AND IDPs.
It is important to consider the substance of MONUSCO, MINUSCA, UNMISS, UNAMID, MINUSMA, UNISFA, MINURSO and AMISOM mandates in order to understand the nature and meaning of the assignments accorded to peacekeepers for the protection of refugees and IDPs in Africa.
Although the mandates provide for various assignments to peacekeepers in general, this study shall only focus on those assignments to military peacekeepers that require the protection of refugees and IDPs. These tasks include; the protection of civilians, creation of a peaceful environment for the peaceful and voluntary return of refugees and IDPs, Proactive military deployment in vulnerable areas such as camps, assisting in humanitarian assistance, and disarmament, demobilization and disintegration. These assignments shall be discussed in that order in this chapter.
2.1 To protect civilians especially refugees and IDPs, and human rights defendants under imminent threat of physical violence.
The protection of civilians is one of the priorities in each of the current UN and AU peacekeeping mandates in Africa.31 This assignment requires the military peacekeepers to provide protection to every person who is not taking part in the conflict. It requires paying attention to civilians gathered in displaced persons and refugee camps, peaceful demonstrators, humanitarian personnel and human rights defenders, in line with the basic principles of peacekeeping and with a focus on violence emerging from any of the parties engaged in the conflict.32
31 MONUSCO, United Nations Security Council Resolution, 2463 (2019). Paras. 23 and 29. MINURSO, SC
RES/2468/2019 para.15, which prohibits all kinds of sexual exploitation in Western Sahara. UNMISS, UNSC RES/2406/2018, para. 6, provides for the protection of civilians in South Sudan. AMISOM, Security Council Resolution 2431 (2018) of 30th July 2018. MINUSCA, UNSC Res/2454/2019 para.2.
32 UNSC RES/2463/2019. (supra), para.29. The UN principles of peacekeeping are; consent of the parties, impartiality
and non-use of force except in self-defence. Available at United Nations peacekeeping, https://peacekeeping.un.org/en/principles-of-peacekeeping
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The military peacekeepers are required to work with the host governments and humanitarian workers to identify threats to civilians and implement existing prevention and response plans and strengthen civil-military cooperation, including joint planning, to ensure the protection of civilians from abuses and violations of human rights and violations of international humanitarian law, including all forms of sexual and gender-based violence and violations and abuses committed against children and persons with disabilities.33
In a report addressed to the President of the General Assembly of the UN in 2015, it was noted that the obligation to protect civilians under imminent threat of violence is owed by all peacekeepers including the military personnel and they must always do anything within their powers in order to protect them.34
It follows therefore that as emphasized by the UN Security Council, it is an obligation for all parties to armed conflicts to protect the civilian population.35 Military peacekeepers are required to ensure that there is security and safety to the civilians especially refugees and IDPs.
2.2 Proactive military deployment, active and effective patrolling in areas at high risk of conflict and high concentration of IDPs.
This assignment is aimed at the protection of civilians. It requires more prompt and effective response to threats of violence against civilians, this includes securing IDP camps, adjacent areas and areas of return.36 In the current mandate of UNAMID, the Security Council commended the mission for taking such steps to improve civilian protection including conducting disarmament and removal of explosives from certain areas of Darfur.37 The AMISOM mandate also authorizes the peacekeepers to to conduct targeted offensive operations, including jointly with the Somali security forces, against Al Shabab and other armed opposition groups.38
33 UNSC RES/2463/2019 (supra). See also UNSC RES2468/2019, the Security Council expressed the need to ensure
protection of human rights by MINURSO in Western Sahara.
34 Report of the United Nations High Commissioner for Refugees, questions relating to refugees, returnees and
displaced persons and humanitarian questions, 20th August 2015 at para. 73. 35United Nations Security Council Resolution 2417/2018 paras. 4 – 10. 36 UNSC RES/23632017.
37 UNSC RES/2429/2018.
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Proactive military deployment involves the use of offensive force in order to secure safety of the civilians and promote security in the area of conflict. In DRC, the Security Council authorized the deployment of the intervention brigade in order to fight against the armed groups that are in Congo and as well play a peacekeeping role.39
Firewood patrols as invented by peacekeeping missions for instance in Sudan are also carried out by the AU.40 This was successfully conducted by the AU in Darfur when it provided security to the Kalmas as they moved from their IDP camp to the northern part of the country.41
2.3 To create a peaceful and secure environment for the safe and voluntary return of refugees and IDPs.
The UN mandates while expressing concern of the high numbers of refugees and IDPs in the different situations in Africa, also tasks the peacekeeping missions to work towards the creation of a secure environment for the safe return of refugees who had fled the countries of conflict.42
In the MONUSCO mandate, the Security Council called upon the DRC and all States in the region to work towards a peaceful environment conducive to the realization of durable solutions for refugees and internally displaced persons, including their eventual voluntary return and reintegration in the DRC in conditions of safety and dignity in line with relevant obligations under international refugee law, international humanitarian law and international human rights law.43
This obligation is not expressly stated in the current mandate, but however it can be understood that by imposing an obligation on the peacekeepers to protect civilians before, during and after any military operation, the peacekeepers are supposed to ensure that there is security to the returnees after the conflict.44
39 UNSC RES/2463/2019 para.21
40 These involve a coordination between the military, the peacekeepers and police to provide security to people who
are moving from one area to another.
41 Sudan; Firewood patrols for IDPs. Report from Norwegian refugee council, 16th January 2006, available at
https://reliefweb.int/report/sudan/sudan-firewood-patrols-idps accessed on 7th July 2019.
42 UNAMID, UNIMISS, MINUSCA, MINURSO, MONUSCO, UNISFA, MINUSMA. 43 Security Council resolution (supra). See note 36
22
The assignment to create a secure environment for the safe return of refugees in some mandates has been described to extend ensuring that in considering such environment, there should not be possibilities of human rights violations.45
UNHCR refers to physical, legal and material safety for the return of refugees, leading to full restoration of national protection. This means that refugees: are protected from violence or threats to their physical safety both in route and in areas of return; enjoy the rights associated with nationality and/or habitual residence without discrimination, have their civil status recognized, and are able to access national protection mechanisms; enjoy basic social, economic and cultural rights, and are provided with material support to do so, particularly in the initial phases of the return. 46
It follows therefore that the obligation to create a secure and safe environment as owed to military peacekeepers extends beyond mere physical protection by the troops, it extends to aspects of respect for human rights, the voluntariness of the return and its sustainability among others.
2.4 To contribute to the creation of the necessary security conditions for the provision of humanitarian assistance.
Humanitarian relief agencies such as the UNHCR and its personnel have faced numerous attacks in the execution of their mandates to provide relief to refugees and IPDs. .47 For example, there have been numerous attacks on the UNHCR staff in South Sudan. This led to destruction of property and loss of lives of two UNHCR staff.48
Most of the peacekeeping mandates in Africa provide for the assignment to provide protection to all humanitarian actors. The MONUSCO mandate requires that peacekeepers in Congo should allow and facilitate the full, safe, immediate and unhindered access of humanitarian personnel,
45 UNSC RES/2406/2018, para 7 (vii), the UNMISS mandate extends to fostering a secure environment for the eventual
safe, voluntary, and dignified, return of IDPs and refugees including through monitoring of, ensuring respect for human rights by, and where compatible and in strict compliance with the United Nations Human Rights Due Diligence Policy (HRDDP)
46 UNHCR handbook on procedures and criteria for determining refugee status and guidelines on international
protection, 2019 at page 32.
47 Group Africa News Room, UNHCR condemns attacks in its compound in Maban, South Sudan, available at,
https://www.africa-newsroom.com/press/unhcr-condemns-attacks-in-its-compound-in-maban-south-sudan.
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equipment and supplies and the timely delivery of humanitarian assistance to populations in need, in particular to internally displaced persons, throughout the territory of the DRC, respecting the United Nations guiding principles of humanitarian assistance, including humanity, impartiality, neutrality and independence, and relevant provisions of international law.49
Practically, this assignment requires military deployment on the facilities of the humanitarian actors, as well as refugee and IDP camps because these can be attacked by the warrying parties to the conflict.
2.5 Disarmament, demobilisation and reintegration (DDR) of former combatants.
This assignment is mainly associated with peacekeeping missions that are operating in countries with armed groups. The DRC is one of such countries where different rebel groups such as the M23, Rwandan Forces démocratiques de libération du Rwanda (FDLR), Allied Democratic Forces (ADF) have posed a threat to civilians and humanitarian personnel for decades.50 It is aimed at peacebuilding by removing threats to the civilians, this results in the protection of civilians who can include refugees and IDPs.
2.6. Conclusion.
In conclusion, the current UN and AU peacekeeping mandates in Africa contain assignments to military peacekeepers that are aimed at protecting refugees and IDPs. The priority assignments to military peacekeepers include; protection of civilians, human rights defenders and humanitarian actors, creation of a peaceful and secure environment for the safe and voluntary return of refugees, disarmament, providing security to humanitarian assistance agencies like UNHCR, proactive deployments to protect civilians that are under imminent threat of violence among others.
49 UNSC RES/2463/2019 para.36. See also, UNSC RES/2468/2019 in Western Sahara, UNSC RES/2454/2019 in
Central African Republic, UNSC RES/2431/2018, AMISOM is allowed to use proactive force to provide protect humanitarian actors from Al-Shabaab.
50 Jason Stearns and Christoph Voge, Kivu Security tracker, The Landscape of Armed Groups in Eastern Congo
Fragmented, politicized networks, 2017, at page 15. Available at,
https://reliefweb.int/sites/reliefweb.int/files/resources/Landscape%20of%20Armed%20Groups%20Essay%20KST.p df, accessed on 26/May/2019 at 21:50 hrs.
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Military peacekeepers are supposed to execute the assignments as regards the protection of refugees and IDPs in line with international law, this is emphasized in most texts of the mandates. What this signifies in terms of the applicable law, will be addressed in the next chapter.
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Chapter three.
INTERNATIONAL LAW APPLICABLE TO THE PROTECTION OF REFUGEES AND IDPS IN THE CURRENT UN AND AU PEACEKEEPING MISSIONS IN AFRICA.
The sources of global protection of refugees and IDPs comprises of various universal and regional treaties, rules of customary international law, general principles of law, domestic laws in respective countries and the role of international organizations such as UNHCR.51 The legal framework for the protection of refugees and IDPs consist of international human rights law and international refugee law.
Where the refugees or IDPs are situated in areas of armed conflict, international humanitarian law is applicable.52 This chapter shall mainly focus on the protection accorded by international human rights law and international refugee law. It starts with the definition of a refugee and an IDP in international law, it then discusses the protection of refugees under international human rights law and refugee law and how the same international law protects IDPs.
3.1. Refugee.
According to the United Nations Convention relating to the Status of Refugees, adopted in 1951,a refugee is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.53
The definition in the convention had temporal limitations to events that occurred during the world wars, these were removed by the Protocol Relating to the status of Refugees (1967). 54 The
51 Guy S. Goodwin-Gill, “Oxford Handbook of Refugee and Forced Migration Studies,
“http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199652433.001.0001/oxfordhb-9780199652433-e-021
52 Geneva Conventions 1949, common Articles 2 and 3.
53 United Nations Convention on the status of refugees, adopted in 1951 and entered into force on 22nd April 1954,
article 1.
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definition is a wider and encompasses experiences that are not exclusively limited to the World Wars and European experiences.55
3.2. Internally Displaced Person(s).
According to the United Nations Guiding Principles on Internal Displacement, IDPs are "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized state border."56
The 2009 Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the so-called "Kampala Convention," preceded by the 2006 Great Lakes Protocol on the Protection and Assistance to Internally Displaced Persons), is the current instrument concerned with the protection of IDPs.57
The Convention mainly provides for the prevention of forced displacement in Africa,58 the effective protection of displaced persons,59 meeting the specific needs of displaced women and children and other vulnerable groups,60 reconstruction of communities that have been affected by conflicts and natural disasters,61 among others.
55 Ibid.
56 ‘Report of the Representative of the Secretary-General, Mr. Francis M. Deng, submitted to the United Nations
Commission on Human Rights, pursuant to Commission resolution 1997/39, Addendum’: UN doc. E/CN.4/1998/53/Add.2; Kälin, W., ‘Introduction to the Guiding Principles on Internal Displacement’ submitted by Francis Deng, Special Representative of the Secretary-General, to the UN Commission on Human Rights’, 10 IJRL 557 (1998)
57 UN General Assembly, African Union, Kampala Declaration on Refugees, Returnees and Internally Displaced
Persons in Africa, 23 October 2009.
58 Kampala Convention (supra), Article 1. 59 Ibid, Article 6.
60 Ibid, Article 12. 61 Ibid Article 19.
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3.3. Legal Protection of refugees under international human rights law.
The right to freedom of movement is one of the foundational rights available to refugees. 62 This right is to the effect that every person has a right to leave his or her own country. This forms the legal basis for refugees to move away from their countries of nationality or habitual residence when there is fear of persecution and to seek asylum in other countries.
Although there is no right to asylum, Article 33 of the 1951 Convention has been interpreted to mean that the principle of non-refoulment prohibits the sending back of refugees to countries where they are likely to face persecution,63 States must apply due diligence when exercising their authority to determine who comes on to their territory.64
Refugees enjoy the right to equal protection and freedom from discrimination. This is provided for under the Universal Declaration of Human Rights (1948)65, the International Covenant on Civil and Political Rights (1966)66 and the International Covenant on Economic Social and Cultural Rights.67 Special categories of people that are vulnerable to other forms discrimination [other than being a refugee ] such as women68, children69 and persons of colour70 are protected from discrimination under other international human rights instruments that speak to their contexts. Therefore, peacekeepers must not discriminate refugees and IDPs basing on age, sex, colour among others
The international human rights framework also provides for the protection of expression, assembly and association rights for all persons inclusive of refugees. Refugees enjoy these rights subject to
62 Banjul Charter (supra), Article 12. Also, International Covenant on Civil and Political Rights (ICCPR) (1966),
Article 12.
63 UNHCR, the principle of non- refoulment under international human rights law, 2018 available at,
https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHumanRightsLaw.pdf accessed on 4th July 2019.
64 Marjoleine Zieck, Refugees and the Right to Freedom of Movement: From Flight to Return, (supra)
Available at: https://repository.law.umich.edu/mjil/vol39/iss1/3, at page 36.
65 Article (1) of the Universal Declaration of Human Rights (1948)
66 Article 2(1) and 14 of the International Covenant on Civil and Political Rights (1966)
67 Article 2(2) and 3 of the International Covenant on Economic Social and Cultural Rights (1966) 68 The Convention on the Elimination of All Forms of Discrimination against Women (1979) 69 Convention on the Rights of a Child (1989)
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the limitations provided in the law. The Universal Declaration of Human Rights (1949) provides that everyone has a right of freedom of expression and a right to peaceful assembly and association.71 The International Covenant on Civil and Political Rights (1966) also provides for the same rights but places restrictions of national security, public order and protection of public health and morals.72 Enjoyment of this right is thus not absolute but subject to the said limitations.
Refugees enjoy freedom form torture, cruel, inhuman and degrading treatment or punishment. The international and regional communities have unequivocally condemned the same in several cases and have held that refouling a refugee to a country where there is a fear of being tortured or subjected to cruel inhuman treatment is a violation of several international instruments. Torture and other forms of cruel inhuman degrading treatment or punishment are prohibited under several international human rights instruments.73
The rights to life, dignity and security of person and freedom from slavery and servitude is also provided for under human rights law. The International Covenant on Civil and Political Rights (1966)74 provides for these rights to which refugees are entitled. In South Sudan where the UNIMISS is operating, a UN protection site was attacked, and this resulted into loss of lives.75
From the above discourse, international human rights law provides a wide range of protection for refugees. Peacekeepers are supposed to observe these obligations under international human rights law. The universal nature of human rights extends the protection of these rights to refugees in areas with peacekeeping missions in Africa.
71 Articles 19 and 20 of the Universal Declaration of Human Rights (1948)
72 Articles 19 and 22 of the International Covenant on Civil and Political Rights (1966)
73 Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and
Political Rights. Articles 1 and 16 of the Convention Against Torture. At the regional level, Article 5 of the African Charter on Human and Peoples’ Rights prohibits torture.
74 Articles 6(1), 8, 9 and 10 of the International Covenant on Civil and Political Rights (1966) 75 Africa News, UN. 25 died in Malaka refugee camp attack in South Sudan. Available at
https://www.africanews.com/2016/03/04/un-25-died-in-malakal-refugee-camp-attack-in-south-sudan/, accessed on 10th July 2019.
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3.4 Legal Protection of refugees under International Refugee Law.
The Convention Relating to the Status of refugees (1951)76 the Protocol Relating to the status of Refugees (1967)77 and the 1969 Convention governing the Specific Aspects of Refugee Problems in Africa,78 are the major international instruments for the protection of refugees in Africa.
The non-refoulment principle is the main protection available to refugees under this legal regime.79 It prohibits States from transferring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparable harm upon return, including persecution, torture, ill treatment or other serious human rights violations.80
Among the assignments given to military peacekeepers in the UN and AU peacekeeping mandates in Africa today, the need to create a secure environment for the voluntary and safe return of refugees is the one that is closely connected to the prohibition of refoulment.81 This is practically done through ensuring that there is peace and security before during and after the return of refugees. The use of firewood patrols today is an example of ensuring such safety.82 They are also obliged not to send refugees back to areas where they are fleeing from in case they come to areas where the peacekeeping mission is being conducted.
Demilitarization of refugees and refugee settlements is also another requirement that ensures protection to refugees under international refugee law.83 The presence of armed elements in refugee flows and settlements poses a fundamental threat to the civilian and humanitarian character of asylum, creating serious security concerns for refugees, host communities, local authorities and
76 Hereinafter referred to as “the Convention” 77 hereinafter referred to as “the Protocol” 78 See note 25 (supra).
79 1951 Convention (supra) Article 33 .
80 UNHCR, the principle of non- refoulment under international human rights law, 2018 available at,
https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHumanRightsLaw.pdf accessed on 4th July 2019.
81 See notes 37, 38 and 41 (supra). 82 See note 40 (supra).
83 UNHCR, addressing refugee security, available at https://www.unhcr.org/4444afc80.pdf, on page 65, accessed
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humanitarian workers alike.84 This means that military peacekeepers must refrain from recruiting refugees or using refugee camps for any military purposes in executing their mandates.
3.5 Legal protection of IDPs under international human rights law.
Like all human beings, internally displaced persons enjoy human rights that are articulated by international human rights instruments and customary law. 85 The situation of IDPs is different in a way that they have not crossed an international border, this means that the obligations of the state under international law to respect, protect and fulfil the human rights of its nationals who become internally displaced remain unchanged.
Human rights such as the right to freedom of movement,86 right to life,87 freedom from torture, cruel inhumane and degrading treatment, 88 right to equal protection and freedom from discrimination, 89 the right to adequate standard of living which includes the right to adequate food,90 among others are available for the protection of IDPs in peacekeeping missions in Africa.
The States where the peacekeeping missions are being conducted are supposed to do anything possible within their means to ensure protection of IDPs, this includes calling upon other states for assistance,91 The current UN and AU peacekeeping mandates take cognizance of the existence of IDPs in the various peacekeeping missions and call upon the peacekeepers to ensure their protection.92 The role of military peacekeepers in ensuring humanitarian assistance and protection of IDP camps are such ways in which military peacekeepers are supposed to ensure the protection of IDPs.93
84 Commission on Human Security, Human Security Now, New York, 2003, pp. 49-50.
85 OHCHR, What are human rights ?, available at https://www.ohchr.org/EN/Issues/IDPersons/Pages/Issues.aspx#4
accessed on 10/July/2019.
86 Banjul Charter (supra), Article 12. ICCPR (supra) Article 12. 87 See note 74 (supra).
88 See note 73 (supra). 89 See note 65 and 67 (supra).
90 International Covenant on Economic, Social and Cultural Rights (ICESCR),1966, Article 11.
91 For instance, under Article 11 of the ICESCR, in ensuring that IDPs are free from hunger, the state can call for
assistance from other states or international organizations. This obligation is also further entrenched with other obligations such as providing food without discrimination as stated in Article 2 of the Convention.
92 See note 20 (supra).
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It follows therefore that because military peacekeepers are present on the state’s territory with its consent, they are supposed to ensure the protection of the rights of IDPs, this obligation means that they should not violate their human rights, they should ensure their protection especially in situations of armed conflicts and they should work together with other organizations in providing humanitarian assistance.
3.6 Legal protection of IDPs under international refugee law .
Many people in Africa are internally displaced within their own countries, in areas with peacekeeping missions, they are mainly settled in IDP camps.94 Currently, the main reason for displacement of persons in most of the peacekeeping mission areas is political tensions and hostilities. It is not surprising to see that in the Kampala Convention; the drafters saw it wise to re affirm the need for states to ratify the African Charter on Democracy and elections.95
The Kampala Convention, offers a wide protection to IDPs.96 It offers protection against future displacement of IDPs, it provides for the respect of human rights and dignity among others to those who have been displaced within their country.97
In order to ensure protection, the Convention provides for the establishment of intra Africa third-country resettlement.98 This is aimed at providing settlements to IDPs in another country but without them attaining the refugee status. The role of military peacekeepers can include the provision of security to the IDPs in due process.
The creation of a safe and secure environment for the voluntary return of internally displaced persons is also another protection accorded by refugee law to IDPs. Article 10 of the Convention is to the effect that the return should be voluntary and once it is successful, the IDPs should become self-reliant and can contribute to the local economy upon return.99
94 Examples include; Korijo camp in South Sudan, Baraagaha qol, Sanaag in Somalia, IDP camps in North Kivu and Tanganyika province in DRC among others.
95 Kampala Convention (supra), Article 7.
96 See note 24 (supra).
97 Kampala Convention (supra), Article 3. 98 Ibid. Article 6.
99 Kampala Convention (supra). This obligation can be related with the obligation under Article 33 of the 1951
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International refugee law also requires the demilitarization of IDP settlements.100 Just like refugee camps, IDP camps must not have any armed elements because the task of identifying combatants within a mass influx is made harder by the vast numbers involved. Besides, members of militia groups rarely identify themselves, and often hide their weapons in order to blend in with the civilian population.101
3.7 Conclusion.
The legal framework for the protection of refugees and IDPs in Africa is provided for under international human rights law and international refugee law. The principles of non-discrimination, non-refoulment, respect for human rights among others are the main forms of this protection. Although some of the UN and AU peacekeeping mandates merely provide for the protection of civilians, in the context of peacekeeping, the assignment to protect civilians should be understood to also include the protection of refugees and IDPs. Whether the military peacekeepers understand and perform these obligations under international human rights law and international refugee law, shall be established in the next chapter.
100 See note 79 (supra) 101 Ibid.
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Chapter Four.
THE UNDERSTANDING AND PRACTICE BY MILITARY PEACEKEEPERS IN THE CURRENT UN AND AU PEACEKEEPING MANDATES IN AFRICA.
This chapter explores into the practice by soldiers in peacekeeping missions, it establishes their understanding and awareness about the protection of refugees and IDPs in the current UN and AU peacekeeping mandates. This was achieved through issuing a questionnaire to soldiers of the UPDF.
4.1 Overview.
This was a targeted study which entirely focussed on individuals in the UPDF who have ever participated in any peace keeping mission.
Rank PRIV ATE L/ CPL CPL SGT S/S GT
WO1 WO11 2LT LT Capt. MAJ LT/C
OL
Frequency 4 14 21 38 9 17 9 2 16 14 4 2
Percent 3% 9% 14% 25% 6% 11% 6% 1% 11% 9% 3% 1%
From the data collected, 75% of the UPDF army ranks were represented, that is to say; 12 out of the recognised 16 UPDF army ranks appeared in the sample size.
From the table above, there was a fair distribution of respondents according to rank with SGT being the majority (25%), LT/COL with (1%) being the minority but the highest-rank in the study.
Peace keeping Mission Count of Peace mission Attended Percent
AMISOM 139 93%
UNGU 11 7%
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93% of the respondents participated in the African Union Mission in Somalia (AMISOM) and this is justifiable given that it has been one of the biggest and longest peacekeeping mission the UPDF soldiers have participated in. Only 7% of the respondents participated in the United Nations Guard unit (UNGU) peace keeping mission.
4.2 KEY FINDINGS.
4.2.1 Preparation/Training conducted before the Mission
All the 150 respondents had preparation before the mission. This was majorly received inform of general training for peace support operation for a period of six to twelve months conducted in Singo-Uganda.
It constituted practical sessions on defensive tactics, urban and bush war fare, rules of engagement, emergency health care, geographical location of the mission area among other things. Furthermore, psychological preparations were also conducted as reported.
Its therefore safe to say that effort to conduct pre mission preparations is done for the peacekeeping missions in Africa.
4.2.2 Substance of UN and AU peacekeeping mandates on the protection of refugees and IDPs by peacekeepers.
Question.
Whether the mandate contained specific assignments pertaining to the protection of refugees and IDPs.
Mission No Percent Yes Percent Grand Total
AMISOM 12 9% 127 91% 139
UNGU 8 73% 3 27% 11
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From the table above irrespective of the mission, 87% of the respondents acknowledged that specific assignments regarding the protection of refugees and internally displaced persons were embedded in the mandate of the peace keeping mission they served while only 13% did not have such assignments.
In AMISOM, 91% had such specific assignments while 9% did not have any such assignments, 73% of those who participated in UNGU peace keeping mission had no such assignments with only 27% reporting having specific assignments on protection of refugees and IDPs in their mandates.
The specific assignments highlighted included; protection of lives and property especially the refugee and IDP camps, Safe and timely delivery of relief items like food and medication being priority through ensuring that refugees and IDPs have secure access to food distribution centres and relief organisations are protected from attacks. Promotion of human rights which complies with the requirements of international law such as the human rights law. The respondents also noted resettlement of IDPs as one of the specific assignments that was embedded in their missions.
Therefore, to a large extent, there is evidence that specific assignments are given to peacekeepers in the current UN and AU peacekeeping mandates regarding the protection of refugees and IDPs. However, it’s not proper to neglect the 13% who didn’t have any such assignments since they all attended the same missions with their counterparts who acknowledged the specific assignments. This may be a result of lack of understanding of assignments of the mandates.
4.2.3 Mode of instruction on Specific Assignments
For those who acknowledged existence of specific assignments regarding the protection of refugees and IDPs, majority of them received the specific assignments through trainings covering practical sessions, permission briefing sessions during deployment and there were those who reported receipt through field standing orders from the commanding officers.
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Were you given any specific training about the specific assignments towards refugees and IDPs in the mandate (s) of the mission (s) that you participated in?
Frequency Percent
No 6 5%
Yes 124 95%
Grand Total 130
95% of the respondents whose mandates of the peace keeping missions in which they served in contained specific assignments pertaining to protection of refugees and IDPs received specific training on the assignments. A case in point is when one of the respondents said, “Yes, such kind of training was among the course units in the six months training before deployment.” However, 5% of the respondents noted that such specific trainings were never given a finding that should be factored in the next missions as its paramount to properly orient personnel before such missions.
From the pie chart above, it’s clear to note that majority of the respondents (89%) were contented with the training backing it up with reasons like enough time allocated to the training, experienced facilitators, coverage of most mission needs in the training schedule, the fact that the mission was well accomplished and the stakeholders appreciated their work.
One of the respondents a WO2 said, “during the course of the mission do’s and don’ts were followed and witnessed no incidence of violation of human rights.”
However, 11% of the respondents were not contented with the training since the conditions in the mission areas kept changing which required refresher trainings yet not given.
