Memorandum submitted by Christian Aid
EXECUTIVE SUMMARY
This submission is in three sections to correspond
with the three main areas where the IDC has called for written
evidence for this enquiry:
how the UK can make its policies
more conflict sensitive;
how the UK can improve its peace-building
and post-conflict reconstruction policies; and
where the UK fits in with a "global"
peace-building agenda.
To give weight to our argument, we use concrete
case studies from Rwanda, the Democratic Republic of Congo (DRC),
Angola, Sudan, Uganda, Iraq and Afghanistan, based on the work
of Christian Aid and its partner organisations.
The submission examines the role of international
and regional organisations such as the United Nations, the European
Union and the African Union. It also looks at how the UK can effectively
contribute, with other major international actors, to the global
peace-keeping agenda.
Below is a summary of Christian Aid's key recommendations.
The UK government must ensure that
overseas development aid (ODA) does not support authoritarian
regimes or impede democratic change.
The UK government must take corporate
accountability seriously and not rely on the goodwill of business
through initiatives that are purely voluntary.
The Extractive Industries Transparency
Initiative (EITI) should be significantly strengthened and made
mandatory.
The UK should implement the OECD
Guidelines on Multinational Companies effectively, promoting them
vigorously to companies and committing significant resources to
investigating complaints in an open and neutral manner.
In "transitional" political
situations, the UK government, the EU and other actors must demonstrate
their commitment to building accountable and democratic states,
by dealing robustly with human rights abuses.
Coordinating with other members of
the international community, the UK should work to ensure that
provisional reconstruction teams (PRTs) focus their work principally
on providing security in post-conflict situations, and do not
interfere with the work of humanitarian organisations.
The international community and the
International Criminal Court (ICC) must ensure that any judicial
proceedings take account of the interests of victims and work
alongside traditional reconciliation processes.
In Iraqand anywhere else that
they are active combatantsthe coalition nations, and particularly
the UK government, should respect and fulfil obligations under
international law on conflict.
The UK should actively support the
New Partnership for Africa's Development's (NEPAD) African Post
Conflict Reconstruction Policy Framework.
Programmes in the humanitarian, relief
and development spheres should be coherent with those in the peace
and security spheres.
INTRODUCTION
1. Conflicts across the world have killed
hundreds of millions of people; displaced, maimed and traumatised
many millions more; sowed the seeds of future hate and ethnic
division; and impeded development and poverty reduction. Africa
is particularly affected and has the world's highest number of
refugees (approximately 3.5 million) and internally displaced
people (approximately 13 million).
2. Each peace settlement brings its own
particular challenges, which must be met if that peace is to last,
poverty is to be eradicated and development delivered. More than
half of current civil wars are thought to be the result of the
collapse of a peace process. In the five years immediately after
a conflict, the risk of returning to war is estimated at around
40%.[32]
3. It is essential that effective interventions
are made speedily, not only to rebuild the economy and the infrastructure,
but also to restore the rule of law and protect human rights.
Such interventions are a crucial part of creating a sustainable
peace and preventing a return to violence.
4. This submission, drawing on the experience
of Christian Aid and our partners, argues that any post-conflict
strategy must:
address the related increased incidence
of domestic violence, crime among young people or increased prevalence
of HIV and AIDS;
emphasise the needs of "special
groups"women, children, young people, the disabled,
the elderly, ex-combatants, child soldiers, internally displaced
people, people living with HIV or AIDS. (For example, without
adequate protection and support, child returnees are more likely
to be abducted again);
include an effective disarmament,
demobilisation and reintegration programme for all combatants,
other than designated security forces, to substantially reduce
the risk of further conflict;
reform the security sector so that
it comes under democratic civilian control and meets the population's
security needs;
provide a forum to provide reparations,
end impunity and reconcile the victims of war through a transitional
and restorative justice programme; and
protect the impartiality and security
of humanitarian agencies.
5. Conflict and post-conflict situations
should not be addressed through a series of separate approaches
(ie humanitarian relief work, followed by post conflict development
and then normal development programming), but instead all approaches
should coordinated and coherent, and be based on the ultimate
objective of long-term equitable development
SECTION ONE: HOW
THE UK CAN
MAKE ITS
POLICIES MORE
CONFLICT-SENSITIVE
1.1 Addressing sources of conflict and building
legitimate institutions through conflict-sensitive aid
6. The UK Government must ensure that its
overseas development aid (ODA) does not support authoritarian
regimes or impede democratic change. It can do this by improving
monitoring and usage of specific, measurable and mutually agreed
human-rights and accountable-governance benchmarks.
7. Specifically, the UK Government must
mitigate against the associated risks of direct budgetary support,
which the Department for International Development (DFID) has
identified as ". . . reinforc[ing] the status quo and mak[ing]
transformational change more difficult".[33]
The Government must ensure that appropriate mechanisms, such as
a clear memorandum of understanding, are in place and adhered
to, which reflect the commitments DFID has made "to ensure
their development assistance is not used in ways that abuse human
rights".[34]
1.1.1 Case study: Rwanda
8. More than 10 years after the genocide
in Rwanda, the country has made great strides in its economic,
administrative and political reconstruction. In 1993 a new constitution
was ratified by popular vote and, today, the country is relatively
safe, with newly paved roads and expensive buildings. But, amid
these changes, restrictions on civil and political rights, characterised
by the campaign of the Rwandan Patriotic Front (RPF), Rwanda's
government, against "divisionism" and "genocidal
ideology", has led to a climate of fear and intimidation.[35]
This threatens the country's economic and social achievements.
The Government's approach and its monopoly on power are storing
up problems for the future and risking a return to violence.
9. The joint UK-Rwandan mechanism to monitor
aid, the 2004 Memorandum of Understanding (MoU),[36]
has failed to serve one of the purposes for which it was conceived.
Specific commitments and indicators of progress agreed by the
two governments to protect and promote human rights are ineffective.
They are too broad, difficult to measure and fail to address the
root causes of the problems. Despite a principle of accountability
to each government's parliament and citizens,[37]
there has been a lack of parliamentary scrutiny and limited consultation
with civil society.
10. The Review Report,[38]
which covers progress on the areas agreed in the MoU, is the key
tool in the monitoring process and the annual Partnership Talks,
where the UK and Rwandan governments negotiate their relationship.[39]
This report has several caveats, which undermine the credibility
and value of the final document. The most notable of these were:
the acute time constraints;
the failure to visit provinces outside
of Kigali; and
that the authors were "forced
to make judgements between conflicting views on a number of topics,
without an opportunity to investigate these further".[40]
11. The report documented numerous human
rights violations and the closing down of political space, although
crucially its conclusions failed to reflect this. The body of
the report underlined how the 2004 Rwandan Parliamentary Commission
into the Ideology of Genocide lead "to intimidation and a
climate of fear, with some named individuals reportedly fleeing,
and pressure for organisations to dissolve, without thorough investigations
having been held."[41]
This has left LIPRODHOR, Rwanda's leading human rights organisation,
effectively unable to monitor human rights. The document reported
cases of politically motivated "disappearances" and
stated that ". . . few doubt that ultimately the RPF remains
in control,"[42]
but it still ultimately concluded that "the Government of
Rwanda has contributed well to political inclusivity".[43]
1.1.2 Recommendations
12. DFID must provide appropriately resourced
mechanisms to implement its commitments to:
ensure that "human rights should
be assessed on the basis of the partner country's own international
human rights obligations",[44]
for example in the case of Rwanda those rights enshrined in the
constitution
work with "partner governments
and civil society to incorporate human rights based benchmarks
into poverty reduction plans".[45]
13. The impact of ODA on human rights and
accountable governance must be monitored through specific, measurable,
attainable, realistic, time-bound and mutually agreed benchmarks
that ensure the protection and fulfilment of rights, not only
their promotion.
14. The process of drafting, monitoring
and reviewing such benchmarks must be adequately resourced and
subject to public and parliamentary scrutiny throughout. Benchmarks
should be based on international standards and norms, thereby
facilitating objective judgement and negotiation in the aid partnership.
15. The UK government must be transparent
about how it measures breaches of ODA agreements and how it responds
if breaches occur. Recipient countries can then plan on the basis
of predictable aid flows and know the consequences of breaking
aid agreements.
1.2 Encouraging conflict-sensitive business
16. The exploitation of natural resources
often fuels conflict. So it is vital in post-conflict situations
that private-sector mining and oil and gas extraction are monitored
and scrutinised, and that companies are held accountable. In a
2003 report, Fuelling Poverty: Oil, War and Corruption,
Christian Aid highlighted the dangers of poorly regulated national
and transnational extractive companies operating in unstable,
corrupt and poorly governed countries. The report examined the
potential for Kazakhstan to suffer from the natural-resource "curse",
and analysed how conflicts in Sudan and Angola had been prolonged
and worsened because of their natural resources.[46]
There is also evidence from a wide range of academic studies indicating
that where fault-lines between communities already exist, such
as in a post-conflict environment, the extraction of natural resources
may exacerbate these divisions.[47]
17. For various reasons, countries with
large mineral deposits tend to be more prone to conflict, corruption,
poor governance and lower levels of human development, than those
that do not. The World Bank's Extractive Industries Review (EIR)
concluded that the Bank ought to "radically alter its approach
to supporting extractive projectsand even stop supporting
some altogether."[48]
Although much of the substance of the EIR was acknowledged and,
in some areas, adopted by the Bank, its key recommendation of
a radical shift away from using public money in extractives projects
was ignored. DFID, as the UK's representative department at the
World Bank, signed off on this approach.
18. Based on the evidence, investment in
natural resources in post-conflict countries or regions is likely
to threaten peace. The World Bank is attempting to buck this trend
in the case of the Chad-Cameroon oil pipeline by building into
the project a process for local communities to scrutinise how
some of the income generated by the pipeline is spent. A recent
report has cast doubt on whether this will be sufficient to avert
the curse being visited on Chad. The Bank itself has recently
suspended aid to Chad after the country's government refused to
enact a new law governing the spending of its oil revenue.[49]
19. The Democratic Republic of Congo (DRC)
is one of the starkest cases of natural resources fuelling conflict.
In 2003 a United Nations panel of experts listed 18 British-based
companies as helping perpetuate the conflict and human rights
abuses there. The UK government was given a dossier on the UK-based
companies which were, in the view of the panel, in breach of the
OECD Guidelines for Multinational Enterprises. The UK government's
response has been sluggish and inadequate given the seriousness
of the allegations, as is set out in a recent Christian Aid report.[50]
1.2.1 Recommendations
20. The UK government must take corporate
accountability seriously and not rely upon the goodwill of business
through initiatives that are purely voluntary. It must become
a legal responsibility of business to avoid practices that lead
to or exacerbate conflict.
21. The Extractive Industries Transparency
Initiative (EITI), which is a positive step, should be significantly
strengthened. It should be incorporated into international financial
reporting standards so that companies are subject to the same
level of scrutiny abroad as they would face in the UK. The EITI
should then be made mandatory.
22. The UK should implement the OECD guidelines
effectively, by promoting them vigorously to companies and committing
significant resources to investigating complaints in an open and
neutral manner.
SECTION TWO: HOW
THE UK CAN
IMPROVE ITS
PEACEBUILDING AND
POST-CONFLICT
RECONSTRUCTION POLICIES
2.1 Supporting the building of accountable
states
23. In "transitional" political
situations, the UK government, as well as other international
actors, including the EU, must demonstrate its commitment to the
building of accountable and democratic states by dealing robustly
with human rights abuses and guaranteeing the security of human
rights activists and civil society actors.
2.1.1 Case study: Democratic Republic of Congo
(DRC)
24. In July 2005, Pascal Kabungulu Kibembi,
executive secretary of Héritiers de la Justice, a Christian
Aid partner organisation, was brutally murdered by three armed
men in his home in Bukavu, eastern DRC. Mr Kabungulu was one of
the DRC's most prominent and committed human rights campaigners
and a key civil society leader.
25. Apart from being a tragedy for his family,
friends, colleagues and the wider community, his assassination
is indicative of a more general trend on the part of government
authorities and armed groups to target, intimidate and ultimately
remove those who speak out to challenge injustice in the DRC.
Mr Kabungulu's murder has intensified and spread fear, not only
among human rights activists and members of civil society, but
throughout the wider civilian population in the Kivus regions
of the DRC.
2.1.2 Recommendations
The UK government should:
26. raise its concerns about human rights
abuses through all possible avenues
27. call for prompt and impartial investigations
into such cases
28. contribute to the protection of human
rights defenders by supporting and funding countries to fully
implement the UN Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms[51]
29. ensure the EU Guidelines on Human Rights
Defenders, including practical support and protection measures,
are fully implemented and funded in EU Delegations in country.
For example the delegation should appoint a liaison office for
human rights defenders and include information on the status of
human rights defenders when reporting to the European Commission.
2.2 Financing post-conflict recovery
30. While the responsibilty of sustaining
peace in post-conflict situations rests with a state's leaders
and citizens, experience shows that peace is more likely to succeed
if international donors and other external actors remain engaged,
both financially and politically.
2.2.1 Case study: Angola
31. It is almost four years since the end
of the war in Angola and the country is at a critical stage, with
national elections planned and reconstruction efforts underway.
But Angola remains one of the poorest countries in the world and
there are major concerns about its democratisation processes and
governance. Countries such as the UK now have a window of opportunity
to support processes likely to consolidate peaceful transition
and democratisation.
32. The Foreign and Commonwealth Office
and, significantly, the Department of Trade and Industry are increasing
their roles in Angola. But the resources DFID can allocate to
Angola are diminishing, both in human and financial terms, with
the overall country programme being subsumed into a regional programme.
UK development aid now mainly goes through multilateral partners,
such as the European Union and the World Bank. This, together
with reductions in human resources, is likely to end the technical
and financial support for key targeted initiatives that DFID can
offer.
33. The reason for DFID's change in strategy
is unclear. Consultations with Angolan and UK non-governmental
organisations (NGOs) have not been followed up, and the results
of these meetings have not been circulated. There are strong arguments
for DFID to continue its work in Angola for a further limited
period during this critical post-war period.
2.2.2 Case study: Sudan
34. In Sudan, UK government policy is to
provide most of its funding through a multi-donor trust fund.
But this trust fails to provide targeted funds for people living
with HIV, women or internally displaced peopleall groups
that need particular support following a conflict.
35. A strong and representative civil society
has a critical role in helping to build a fair and equitable Sudan.
Donors have called on civil society organisations to be good watchdogs,
advocates and service providers. However, the funding donors provide
is insufficient to allow civil society to perform these functions
effectively.
36. Civil society can play a unique role
in articulating the voices of the marginalised and holding decision-makers
and budget-holders accountable. But the way donors provide funding
may jeopardise the independence of NGOs. The Governments of National
Unity and South Sudan control the funding-selection process and
may deny funds to the organisations that are working to hold them
to account.
2.2.3 Recommendations
37. The UK government should remain engaged
both politically and financially in post-conflict countries and
should ensure its policies are coherent.
38. Post-conflict development funds, or
"peace dividends", and the way they are distributed,
must be transparent, accountable and agreed against benchmarks
on progress towards sustainable peace and accountable governance.
Civil society and parliaments should play an important role in
determining and monitoring agreed benchmarks.
39. Donors must recognise the role of civil
society as watchdogs and advocates, not only as service providers,
and should provide appropriate financial and political support.
40. Peace dividends must support smaller
community-based programmes and marginalised groups, as well as
funding large infrastructure programmes.
SECTION THREE: THE
ROLE OF
THE UK IN
THE "GLOBAL"
PEACE-BUILDING
EFFORT
3.1 The role of the UN
41. The UN must take strong and prompt action
to fulfil its responsibility and mandate to maintain international
peace and security.[52]
The UK government, with its permanent seat on the UN Security
Council, has a critical role to play in fulfilling the UN's newly
defined "responsibility to protect" role. This involves
helping to protect populations from genocide, war crimes, ethnic
cleansing and crimes against humanity through all appropriate
means available, in accordance with chapters VI, VII and VIII
of the UN Charter.[53]
The credibility of the British government as a permanent member
of the Security Council and the international community has been
greatly undermined by its failure to implement the UN's resolutions
and agreements with resources or vigorous and meaningful action.
3.1.1 Case study: Darfur
42. The failure of the international community
to take strong action against the warring parties in Darfur has
seen the escalation of violence in the region. Despite a series
of resolutions dating back to June 2004, Christian Aid is concerned
that little has been achieved. More than nine months after a sanctions
committee was establishedto implement the provisions of
UN resolution 1591 to identify individuals who may be subject
to travel bans and asset freezes as a result of their roles in
DarfurSecurity Council members themselves are using procedural
rules to block the committee from reporting fully. The failure
of the UN to enforce its own resolutions has allowed perpetrators
of human rights abuses to continue acting with impunity.
3.1.2 Recommendations
43. Members of the UN security council (UNSC),
including the British government, must:
be reminded of the UN's "responsibility
to protect mandate" and the call on them as members of the
Security Council "to refrain from using the veto in cases
of genocide, war crimes, ethnic cleansing and crimes against humanity"[54]
ensure the work of the sanctions
committee is not hindered through the manipulation of procedural
rules
translate the conditions of relevant
UNSC resolutionsfor example, on disarming warring parties
and humanitarian protectionfrom rhetoric to action, through
a process of reporting and monitoring, with built-in time-bound
agreements for action in the face of further violation.
3.1.3 Case study: Afghanistan
44. The relatively small number of NATO
peacekeepers in Afghanistan (approximately 9,000)[55]
has made it difficult to ensure comprehensive security throughout
the country during the initial reconstruction phase. The escalation
in militant violence since 2003 (last year up to 1,600 Afghans
were killed) has shown the limitations of this "light touch"
approach to peace-building and security.
45. Nowhere is this problem of limited force
demonstrated more clearly than in the case of the provisional
reconstruction teams (PRTs). These are teams of military and civilian
personnel engaged in security, intelligence gathering and reconstruction
work, designed to bring stability and extend central government
authority to provincial areas. However, in many cases the number
of soldiers in the PRT has been too low to make a substantial
difference to security. For example, the 70-strong British PRT
deployed to Meymana in Faryab province in April 2004 did not create
a secure environment for the population or humanitarian aid workers.
Evidence of this instability is shown by the fact that in October
2005, an employee of one of Christian Aid's partner organisations
operating in the area was killed in a roadside ambush in the area.
The staff of Christian Aid and our partners are now unable to
move freely in Meymana. A powerful regional commander is still
operating there without sanction from the authorities.
46. We welcome the fact that the UK is planning
to increase its commitment to NATO strength in the country. However,
the role of the PRTs needs to be clarified if they are to be effective.
Are they principally for peace-keeping and strengthening the Afghan
police and army so that they are able to provide security themselves?
Or are they units whose task is to reconstruct? If they are the
former, then their name and remit should be altered accordingly
to make this much clearer.
47. A very serious concern for the aid community
is the effect of PRT reconstruction work on the perception of
aid worker neutrality (nearly 30 aid workers were killed in 2005
in Afghanistan). Most local communities in Afghanistan cannot
distinguish between aid delivered by the military, the UN or NGOs.
When armed, but non-uniformed personnel, using vehicles resembling
those of aid workers, enter villages to undertake reconstruction
work, the confusion is total. Unlike aid agencies, PRTs are not
neutral. As part of Operation Enduring Freedom and NATO they may
be engaged in a battle against anti-government forces. PRT relief
projects, therefore, pose a danger for aid workers because they
tend to fuel local suspicion of NGO-military collaboration[56]
and an assumption that NGOs are "taking sides".[57]
48. In addition, two recent PRT evaluations[58]
showed that while many of their objectives in the area of peace-building
had been achieved (for example, training and equipping local police),
their record in delivering "quick impact" relief projects,
such as school building, loan schemes and health and veterinary
services, has been extremely poor. These have undermined existing
development programmes undertaken locally, either by the government
or NGOs. For example, a Christian Aid partner recently operated
a small-loan scheme for families in Badghis province, charging
a standard 10% administration fee. The PRT in the area implemented
a similar scheme, but with no fee and the loans were often not
recovered. This undermined our partner's work and its relationship
with the community.
49. A recent evaluation by five European
donors (including the UK) reports that these relief projects are
not only poor value for money but also "appear incompatible
with overall national policies" and that "time pressure
for delivery promotes a just do it approach with limited concern
for long-term impacts and sustainability".[59]
3.1.4 Recommendations
50. Together with the other members of the
international community, the UK should ensure that PRTs focus
on providing security. The UK must end its current policy of supporting
relief projects under the auspices of PRTs (its 2005-06 interim
strategy states that £5 million is committed to support the
work of PRT development advisers).
51. Funds for PRT relief projects should
be channelled directly to the Afghan government or given to local
NGOs or the private sector for similar work.
3.2 The role of the EU and other donors
52. Beyond the UK's responsibility to ensure
its ODA does not reinforce authoritarian regimes or impede democratic
change, the UK must try to ensure that human rights constitutes
the foundation of the EU's development cooperation, as per the
principles of the Cotonou Agreement.[60]
This is especially important because the EU is often the largest
individual donor to a given developing county.
53. As with bilateral aid, benchmarking
is a way of implementing commitments to human rights and accountable
governance. Specific, measurable and mutually agreed benchmarks
should be included in European Community country strategy documents
and national indicative programmes as part of the EC's End-Term
Review process for reviewing the impact and management of aid.
54. It is essential that civil society and
national parliaments are included in the setting and monitoring
of benchmarks. The EU must make funds available to support this.
Parliamentary and public scrutiny will increase the accountability
and effectiveness of aid.
55. Greater coordination between donors
on benchmarking and sharing analysis is critical.[61]
3.3 The role of the International Criminal
Court
56. The International Criminal Court (ICC)
has a vital role to play in combating the most serious crimes
committed against civilians, especially in situations of armed
conflict. However, the international community and the ICC must
ensure that any judicial processes take account of the interests
of the victims; work alongside traditional reconciliation processes
essential for long-term peace and security; and do not impact
negatively on peace talks or amnesties, for example. The issuing
of arrest warrants or investigative procedures must not further
undermine the security of conflict-affected communities.
3.3.1 Case study: northern Uganda
57. Since President Yoweri Museveni referred
the case of northern Uganda to the ICC, Christian Aid and its
Ugandan partners have been concerned by the sequencing of ICC
investigations and possible prosecutions. While the ICC has an
important role in ending the culture of impunity, if badly managed
its involvement could prolong and intensify the violence. Crucially,
ICC engagement alone will not end the conflict, and if the international
community is serious about its desire for peace it should also
be supporting mediation, the reintegration of combatants and plans
for reconstruction.
58. In October 2005, news broke that arrest
warrants were to be issued for members of the LRA. Justice Peter
Onega, the head of the Amnesty Commission that encourages Lord's
Resistance Army (LRA) abductees to return home, and peace negotiator
Ms Betty Bigombe announced that the warrants would hinder their
work. The LRA has since increased its attacks on the civilian
population and on international aid workers, and has increased
its presence in southern Sudan and the DRC.
59. In an armed conflict where the local
population is often exposed to violence and child abduction, murder,
physical mutilation and sexual violence is common, the immediate
priority for those affected by the war is peace.[62]
However, lasting peace requires an end to the culture of impunity,
to allow for reconciliation, security and the return of displaced
people to their homes.
60. According to analysis by the Refugee
Law Project, the lack of accountability and impunity following
regime change, and deep regional divisions within Uganda are the
root causes of the conflict.[63]
The ICC must therefore address crimes committed by each of the
warring factions. Any process that only addresses the actions
of one side is likely to harbour future problems and would undermine
the likelihood of securing a just and sustainable peace.
61. The ICC is only one element of the work
to end impunity. In a violent conflict where the victim is often
forced to become the perpetrator, traditional reconciliation processes
have an important role in reuniting families and communities.
They are necessary for a sustained and just peace. The experience
of Christian Aid and our partners emphasises how critical these
processes can be.
3.3.2 Recommendations
62. Based on the experience of Christian
Aid and our partners in northern Uganda, and more widely in Africa,
we recommend that the ICC:
considers the interests of the victims
when deciding whether to initiate a prosecution, as per Article
53(2)(c) of the Rome Statute,[64]
and prioritises peace and an end to violence through dialogue
and discussion;
ensures that the sequencing of any
ICC action does not jeopardise negotiation processesthe
most direct path to ending violence;
recognises the need for mediation
and reconciliation, and to ensure adequate time and space for
traditional processes;
clarifies publicly its legal interpretation
of its jurisdiction on amnesties;
clarifies the meaning of the cooperation
provisions of the Rome Statute, which some commentators believe
may restrict international engagement in mediation efforts, when
arrest warrants are issued;
interprets the Rome Statute broadly
and draws upon the jurisprudence of the international criminal
tribunals of Rwanda and the former Yugoslavia to ensure that crimes
committed by all parties to a conflict are addressed;
ensures its processes complement,
where possible, national judicial processes; and
implements an effective civic education
and communications strategy, which provides accurate and up-to-date
information. These processes should also supplement a wider process
of public debate about what justice means.
3.4 Coalition forces in Iraq
63. "Post-conflict" reconstruction
work often takes place in situations of ongoing conflict and high
insecurity, Iraq being the premier example. In such situations,
international law and the neutrality of humanitarian organisations
must be respected; and humanitarian organisations must be given
access to those who need assistance.
64. Christian Aid and our partners continue
to be extremely concerned about the failure of all parties to
the conflict in Iraq to protect civilians or respect international
law designed to protect non-combatants. Geneva Convention breaches
have included:
suicide bombing against civilians
the indiscriminate use of fire power
in civilian areas
perfidious use of humanitarian work
for military purposes
interference with civilian medical
services and personnel
blocking humanitarian convoys.
As in our submissions to the IDSC inquiry on
Iraq of January 2005, we wish to call attention to the failure
of coalition forces to respect the neutrality and mandate of humanitarian
organisations, including the Red Cross/Red Crescent movement,
UN agencies and NGOs.
65. Since the intervention of spring 2003,
coalition leaders have consistently tried to present the political-military
mission in Iraq as a humanitarian one, to give humanitarian tasks
to coalition military units, and to place coalition military officers
in the position of coordinating humanitarian work. As a result,
any distinction between the neutral role of humanitarian organisations
and the role of the coalition military is now completely blurred
for most members of the Iraqi public, many of whom now resent
all international organisations, or even internationally funded
organisations, as "occupiers". Humanitarian space, as
aid agencies describe the ability to access those in need of assistance,
has been severely compromised and may take many years to recover.
66. In late 2005, US secretary of state
Condoleezza Rice announced that the PRT model of mixed civilian/military
teams, which has proved so problematic in Afghanistan, will now
be deployed in Iraq. This does nothing to reassure Christian Aid
and our partners that there will be an improvement in the ability
of neutral humanitarian organisations to access those needing
help in an increasingly dangerous Iraq.
3.4.1 Recommendations
67. All parties, including the coalition
nations and particularly the UK government, should respect and
fulfil their obligations under international law.
68. All parties, including the UK Ministry
of Defence, should respect the neutrality of humanitarian organisations
and provide the space for them operate.
3.5 The role of regional organisations: African
Union (AU)
69. The international community cannot defer
its responsibility to protect civilians and to maintain international
peace and security by mandating regional organisations to carry
out ceasefire and security operations in cases when such organisations
do not have the means, experience or capacity to successfully
implement such mandates.
3.5.1 The situation in Darfur
70. In Darfur, the African Union is mandated
to monitor compliance with the N'djamena Humanitarian Ceasefire
Agreement and the Abuja Humanitarian and Security Protocols. It
is also expected to protect civilians under imminent threat, and
to contribute to a secure environment for internally displaced
people and for the delivery of humanitarian relief.
71. However, with only 11 Ceasefire Commission
personnel, 700 military observers and a protection force of less
than 5,000 troops,[65]
ceasefire violations continue. Insufficient resources and other
constraints mean that not all reports are published promptly or
transparently enough to ensure follow-up by the African Union,
the Ceasefire Commission or the wider international community,
including the UN Sanctions Committee and the ICC.
72. Security continues to deteriorate, violence
is commonplace and a climate of fear results in heavy restrictions
on movement. The latest report from the UN secretary general documents
"attacks on more than a dozen Massalit villages south west
of Gereida between 6 and 17 November, resulting in an estimated
60 deaths, the highest figure recorded in the last year for a
single incident. Huts were set on fire, fields and harvested crops
were burned, and a total of 15,000 people were displaced."
The attacks occurred over the course of more than a week in area
where the AU is present. As the secretary general concludes, it
is ". . . a shocking indication of the collective failure
of the international community to prevent these horrendous crimes
from occurring."[66]
73. Christian Aid supports the principle
of African solutions to African problems. But with the situation
continuing to deteriorate and affecting regional security, it
can no longer be perceived solely as an African problem and the
international community must assume responsibility for the protection
of civilians in Darfur.
3.5.2 Recommendations
74. An adequate protection mission:
cannot be based on the assumption
that the host government is responsible for the security of its
entire civilian population[67]
must place greater emphasis on protection
than on ceasefire monitoring[68]
must be big enough to fulfil its
mandate effectively and provide security in the first instance,
and then create an environment that allows for safe and voluntary
return of displaced people and refugees
should include numbers of civilian
police and female personnel that are adequate to meet the needs
of people affected by conflict
should be trained and must know how
to appropriately respond to cases of gender-based violence
must be given predictable and long-term
funding and logistical support, based on needs and environmental
conditions.
75. All obstacles to a mission must be removed
by the host state.
3.6 The role of regional organisations: African
Post Conflict Reconstruction Policy Framework
76. The African Post Conflict Reconstruction
Policy Framework was developed in 2005 through a broad consultative
process by the African Union, and the New Partnership for Africa's
Development (NEPAD) secretariat.[69]
It sets out an African agenda for post-conflict reconstruction,
which aims to address the crossover between peace, security, and
the humanitarian and development dimensions of post-conflict reconstruction
and peace-building.
77. It is an African initiative that aims
to make the planning, coordination and monitoring of post-conflict
reconstruction more coherent by providing a common frame of reference
for a broad range of actors. The framework recognises that peace
and security, together with democracy, good governance, human
rights and sound economic management, are all conditions for sustainable
development.
78. The AU commission and the NEPAD secretariat
support the framework by helping the AU, African leaders and AU
member states to implement the framework's overarching goals.
3.6.1 Recommendations
79. The UK, through the African Conflict
Prevention Pool (ACPP) and other mechanisms, should support NEPAD's
work in this area, with both funding and expertise.
80. The UK should back the position of the
African framework on putting the focus of evaluating post-conflict
reconstruction on the long-term impact of interventions.
81. All parties must appreciate that each
country's transition from conflict to peace should depend on its
own particular circumstances.
3.7 International coherence in addressing
post-conflict needs
82. The World Bank and UN Development Project
(UNDP) research discovered that if a typical African country manages
600 projects, this would translate into 2,400 quarterly reports
a year submitted to different agencies in different formats, and
approximately 1,000 annual missions, appraisals and evaluations,
each of which will require meetings with key officials and official
responses.[70]
Foreign assistance is critically important for countries emerging
from conflict. But the UK should realise that it has unintended
consequences, including absorbing high-end human and administrative
resources that could otherwise have been used to serve the local
community. Coherence and harmony is vital in minimising these
unintended costs.
83. The Utstein Study analysed 336 peace-building
projects implemented in Germany, the Netherlands, UK and Norway
in developing countries over the last decade and identified a
lack of coherence as the most significant obstacle to creating
a sustainable peace. The study discovered that more than 55% of
the programmes evaluated did not show any link to a larger strategy
for the country in question.[71]
84. While the UK government's ACPP is a
tool for joint analysis, financing and coordination in areas of
collaboration between the Ministry of Defence, DFID and the Foreign
and Commonwealth Office,[72]
most of the UK's collaborative action has taken place independent
of the ACPP. For instance, the development and monitoring of the
G8 Africa Action Plan does not depend on the ACPP mechanism, although
the three key officials who coordinated that policy are also three
key members of the ACPP steering group. The way the ACPP might
be used to mobilise key international partners needs clarification.
3.7.1 Recommendations
85. There is need for coherence between
humanitarian, relief and development programmes and peace and
security programmes.
January 2006
www.copenhagenconsensus.com/Files/Filer/CC/Papers/Conflicts230404.pdf
32 P Collier and A Hoeffler, The Challenge of Reducing
the Global Incidence of Civil War, 2004. Back
33
DFID policy paper, Poverty Reduction Budget Support, (May 2004). Back
34
Partnerships for poverty reduction: rethinking conditionality,
pages 8-9, DFID, March 2005. Back
35
See Christian Aid's It's Time to Open Up Report available at
www.christianaid.org.uk/indepth/403rwanda/rwanda.pdf (Christian
Aid, March 2004). Back
36
2004 Memorandum of Understanding on the Development Partnership
between the United Kingdom of Great Britain and Northern Ireland
and the government of the Republic of Rwanda (MoU), signed 29
January 2004. Back
37
Ibid, paragraph 1, MoU. Back
38
T Killick, M Katumanga, L H Piron, Implementation of the Memorandum
of Understanding Between the Governments of Rwanda and the United
Kingdom: Report of Independent Monitors, Review Report, DFID,
2005. Back
39
Paragraph 7, MoU, supra n 5 Back
40
Cover page, Review Report, supra n 7 Back
41
Ibid, page 26. Back
42
Ibid, page 18. Back
43
Ibid, page 1. Back
44
Rethinking Conditionality, supra n 2, pages 8-9. Back
45
Ibid. Back
46
Fuelling poverty: Oil, war and corruption, Christian Aid, May
2003. See also The scorched earth: oil and war in Sudan, Christian
Aid, March 2001. Back
47
See, for example, Jeffrey Sachs and Andrew Warner, Natural Resource
Abundance and Economic Growth, Harvard University, 1995; Collier
and Hoeffler, Greed and grievance in civil war, Development Research
Group, World Bank, 2000; Michael Ross, Extractive Sectors and
the Poor, UCLA, Oxfam America, October 2001; Bottom of the Barrel,
Catholic Relief Services, 2003. Back
48
"World Bank must reform on extractive industries",
Dr Emil Salim (leader of the EIR), letters Financial Times, 16
June 2004. Back
49
Chad's oil: Miracle or mirage, Bank Information Centre and Catholic
Relief Services, 2005. See also "World Bank Cuts off Aid
to Chad in Oil Dispute", Washington Post, 7 January 2006. Back
50
See Flagship or failure? The UK's implementation of the OECD
guidelines and approach to corporate accountability, Christian
Aid, Amnesty International and Friends of the Earth, November
2005. Back
51
UN General Assembly, A/RES/53/144, 8 March 1999. Back
52
Preamble, Charter of the United Nations, signed 26 June 1945,
entry into force 24 October 1945. Back
53
Paragraphs, 118-120, Revised draft outcome document of the High-level
Plenary Meeting of the General Assembly of September 2005 submitted
by the President of the General Assembly, A/59/HLPM/CRP.1/Rev.2. Back
54
Ibid, paragraph 120. Back
55
Minimal Investments, Minimal Results: The Failure of Security
Policy in Afghanistan, p 10, AREU, 2004 The total number of foreign
troops in the country in 2004 (ie including Operation Enduring
Freedom forces) equated to one soldier per 1,115 people, compared
to one per 66 for Bosnia and one per 161 for Iraq. Back
56
Some Afghan NGOs are in fact implementing contracts from PRTs
for relief projects. Back
57
In the aftermath of the killing of five MSF workers in June 2004,
the Taliban claimed responsibility for the attack, even though
evidence now suggests it was not actually a Taliban attack. In
their statement, however, they said that: "We killed them
because they worked for the Americans against us, using the cover
of aid work. We will kill more foreign aid workers." As Save
the Children indicated in its report on PRTs, this "demonstrates
the readiness of insurgents and disaffected groups within the
population to associate humanitarian aid workers with the military". Back
58
PRTs and Humanitarian-Military Relations in Afghanistan, Save
the Children, 2004; the joint donor evaluation of "Humanitarian
and Reconstruction Assistance to Afghanistan, 2001-05" (Denmark,
Ireland, Netherlands, Sweden), Danish Ministry of Foreign Affairs,
October 2005. Back
59
Joint donor evaluation, pp 81-2. Back
60
Preamble, Article 9, Cotonou Agreement, signed 23 June 2000. Back
61
For a more detailed analysis and recommendations on European
cooperation and benchmarking, see EurAc's Benchmarking for Regional
Peace, European Cooperation and Political Dialogue with Central
Africa, EurAc, November 2005. EurAc is a network of approximately
40 European NGOs working in central Africa accompanying and supporting
civil society to promote peace and development. Christian Aid
is a founding member of EurAc). Back
62
See Peace First, Justice Later: Traditional Justice in Northern
Uganda, Dr L Hovil, Dr J R Quinn, Working Paper No. 17, Refugee
Law Project, July 2005, especially pages 17-19, and P Pham, P
Vinck, M Wierda, E Stover and A di Giovanni, Forgotten Voices,
A Population-Based Survey on Attitudes About Peace and Justice
in Northern Uganda, a report by the International Centre for Transitional
Justice, Human Rights Centre, University of California, Berkley,
July 2005, page 23. Back
63
See Hovil and Lomo, Behind the Violence, Project Working Paper
No 11, Refugee Law Project, February 2004. Back
64
Rome Statute, entry into force 1 July 2002. Back
65
Correct figures as of 27 December 2005, Advance Copy, monthly
report of the Secretary General on Darfur, Sudan, S/2005/825,
27 December 2005. Back
66
Ibid, paragraph 5. Back
67
AU Assessment Mission to Darfur Sudan, 10-22 March 2005, Report
of the Joint Assessment Team (Final), Executive Summary, paragraph
54, page 19. Back
68
Ibid, as per the recommendation from the AU Assessment
Mission, paragraph 55. Back
69
"African Post Conflict Reconstruction Policy Framework,
Governance, Peace and Security Programme", New Partnership
for Africa's Development (NEPAD) Secretariat, June 2005. Back
70
Van De Walle and Johnston, 1996, quoted in S Mizrahi, Aid Reform:
A Review of Aid Coordination Mechanisms. Club du Sahel SAH/REFA,
15 December 2000. Back
71
D Smith, Towards a Strategic Framework for Peacebuilding: the
Synthesis Report of the Joint Utstein Study on Peacebuilding.
PRIO, Oslo, 2003 p 16. Back
72
An Information Document: A joint UK Government Approach to Preventing
and Reducing Conflict in Sub Saharan Africa, The Africa Conflict
Prevention Pool, September 2004. The Pool draws together the work
of three government departments: Foreign and Commonwealth Office
(FCO), Ministry of Defence (MOD), and Department for International
Development (DFID). Back
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