The Governance and Rule of Law Program covers issues such as protection of civilians in peacekeeping operations, (re)establishing the rule of law in post-conflict situations, security sector governance and general law and justice issues. The Program consists of the Governance and Rule of Law Program Manager (Attorney General’s Department secondee), Australian Federal Police Advisor (Australian Federal Police Secondee), Protection of Civilians Project Manager (Attorney General’s Department secondee) and a Rule of Law Project Manager.
Rule of Law Program
It is by reintroducing the rule of law, and confidence in its impartial application, that we can hope to resuscitate societies shattered by conflict
Kofi Annan, Opening of 59th Session of UN General Assembly, 2004
Encouraging an environment where the rule of law can flourish in a post-conflict setting is known to be one of the key prerequisites to establishing lasting peace. It can include developing local police capacity, reinvigorating or establishing a court system, including informal justice systems, correctional institutions, establishing transitional justice mechanisms to deal with atrocities committed during conflict and security sector governance reform. The challenge is to perform any number of these tasks in a chaotic post-conflict environment where rule of law practitioners may face a number of issues such as an unstable political environment, economic disruption, corruption, military dominance of the public sector and unfamiliar systems of government. A rule of law program should aim to be sustainable, encourage local ownership and realistic in regards to what it can achieve in difficult conditions.
The rule of law program at the Asia Pacific Civil-Military Centre of Excellence aims to promote within the Australian Government a shared understanding and more effective approach to these complex and highly political issues. The Rule of Law Project Manager is involved in research activities and program management tasks, including liaising with key government agencies and institutions, domestic organisations, universities and international stakeholders.
In October 2010 the Governance and Rule of Law Program convened a Rule of Law Roundtable that brought together key government stakeholders. It was the first time that international experts and key Government Departments and Agencies were brought together to discuss rule of law issues. The Roundtable Report is due to be published on this website in February 2011.
Protection of civilians
Australia has been a long-standing supporter of United Nations (UN), and other multilateral peacekeeping and peace-related operations. Australia continues that tradition today and is an active contributor of personnel and financial support to UN and other multilateral peace operations throughout the world. Australia is also an active participant in global efforts to further improve global peace operations. Australia’s contributions to global peace operations are a demonstration of its commitment to the UN Charter and efforts to resolve disputes through the international system. The Australian Government is committed to the protection of civilians (POC) in conflict zones and to improving protection mechanisms in peace missions.
Protection of Civilians in Peacekeeping Operations
Over the past decade, the UN and the Security Council has increasingly mandated for the protection of civilians (POC) in peacekeeping operations and has frequently reaffirmed its commitment to the continuing and full implementation of protection of civilians through a wide range of resolutions, presidential statements and directions.
Recent reports have identified the lack of policy guidance, planning and preparedness on how to implement Protection of Civilians mandates in particular there was a gap in guidance on how UN mandates to protect civilians are to be translated into operational strategies through the planning process for UN peacekeeping missions.
The Australian Government is working with the international community and the United Nations to ensure the better protection of civilians in peacekeeping operations.
• Australia and Uruguay recently co-hosted three workshops in New York to help develop guidance on protection of civilians that will feed into development of the concept within the UN system. These events provided a forum for the peacekeeping community, particularly troop and police contributing countries, to provide their thoughts on POC and its implications based on their practical experience.
• Australia has been working with the International Forum for the Challenges of Peace Operations and in April 2010, Australia hosted the 3rd Forum in Queanbeyan, Australia with the theme Challenges of Strengthening the Protection of Civilians in Multidimensional Peace Operations (Challenges Forum Report 2010).
• In 2009-2010, the Australian Government supported the drafting of the proposed Guidelines for the Protection of Civilians in African Union Peace Support Operations. This was the first initiative of a regional peace and security organization to create strategic and operational-level guidance on the protection of civilians for peace operations. The proposed Guidelines were considered at the ‘International Symposium on the Protection of Civilians in Conflict Zones’ held on 3-5 March 2010 in Addis Ababa, Ethiopia. This Symposium was supported by the Australian Government through the Centre. The proposed Guidelines were welcomed by the Peace and Security Council of the African Union in October 2010 and will be mainstreamed into the activities of the African Union Mission in Somalia (AMISOM).
• Australia provided support to key UN agencies to develop an inventory of best practice in preventing sexual violence during conflict, Addressing Conflict-Related Sexual Violence: An Analytical Inventory of Peacekeeping Practice. The inventory provides practical examples of peacekeeping tactics that have been used and have helped to reduce sexual violence and improve the safety of women during conflict. DPKO and UNIFEM have developed training modules and scenarios based on the Inventory to generate awareness in military decision-making and planning circles and to support pre-deployment training of uniformed personnel.
• In 2010 Australia sponsored the development and implementation of scenario based training as an element of UN peacekeeping mission preparation and in-mission training. The scenario based training was developed to be adaptable to the needs of various UN missions, rather than a generic training module.
• In response to the identified need for more operational guidance, the Australian Government is developing protection of civilians doctrine for the Australian Defence Force, as well as for the Australian Federal Police.
• The Australian Government, in partnership with the United Nations Institute of Training and Research (UNITAR) with the support of the Department of Peacekeeping Operations has produced a groundbreaking documentary on the Protection of Civilians in Peace Operations as an educational tool, titled “Mandated to Protect: The Protection of Civilians in Peacekeeping Operations”. The Secretary-General Ban Ki-Moon introduces the documentary and interviewees provide insights on POC in conflict zones both past and present.
Conclusion
The tragic reality of modern warfare is that innocent civilians pay the heaviest price during armed conflict. Considerable progress has been made by the United Nations and regional organisations to strengthen POC effectiveness. Australia stands ready to continue to work to support these important reforms.