Human rights and conflict transformation: The challenges of just peace

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are more fatalities among the civilian population than among combatants, a consequence of both sides’ need for territorial control, despite the fact that this can lead to infringements of International Humanitarian Law (IHL). In this phase of the conflict, human rights activists normally have a hard job given the growing number of abuses, leading in many cases to a humanitarian crisis; their activities include documenting and denouncing human rights violations (mainly related to civic and political rights); advocating in favour of human rights with national and international institutions and politicians; promoting juridical processes at the national and international levels; supporting human rights and social organisations. On the other side, peace and conflict transformation practitioners split their efforts between advocating in favour of a negotiated solution to the conflict (in many cases with very limited results) and supporting peace organisations and acts of civil resistance to the armed conflict, like territories of peace or peace communities (García-Durán 2009; Mitchell/ Ramírez 2009). There are also several experiences of civilian peacekeeping, 1 such as the cases of civilians monitoring cease-fire agreements and nonviolent interventions across borders to offer protective accompaniment, for example by Peace Brigades International, Witness for Peace, Christian Peacemaker Teams, Nonviolent Peaceforce and International Service for Peace (see Clark 2009; Moser-Puangsuwan/Weber 2000). Thirdly, different factors could permit a de-escalation of the armed conflict, which does not necessarily mean that it will end. Only when this de-escalation is accompanied with a real peace process is it feasible to move towards a peace agreement. In this case it is possible to find several elements of a peacemaking strategy (third-party assistance, mediation, initial contacts, prenegotiation, negotiation, inputs to the negotiation table, partial peace accords, etc.). All of these are the type of actions peace and conflict transformation activists would promote, aiming to find a negotiated solution to the armed conflict. By their side, human rights defenders will keep an eye on the abuses and violations of IHL by all armed actors; monitoring and advocacy remain important tasks for them. In addition, they normally have a concern for how human rights are addressed in the peace accords, given the risks attached to allowing a high level of impunity for the abuses committed by combatants during the war. The final point in conflict de-escalation is the end of the armed conflict. This can be reached either by a peace agreement or by military victory for one side. In the first case, a critical point for human rights activists is the way human rights measures have been negotiated in the agreement; in the second case, the focus is on the likely abuses produced by the winning party. Conflict transformation practitioners, for their part, pay more attention to the necessary conditions for implementing the agreement. The political conditions for realizing all the commitments considered in the agreement are not always in place, as has been the case with human rights accords in some peace processes. Fourthly, the last phase in the conflict cycle is the post-conflict (and post-agreement) period. This is the moment of implementation of the peace accord and agreed socio-political reforms. It also implies the subsequent process of disarmament, demobilisation and reintegration (DDR) and the reconstruction and rehabilitation of a wounded society at the economic, political, social and cultural levels. A sustainable peace depends on coming to terms with the effects of the armed conflict on people and society. A transitional justice mechanism is required, orientated towards finding a balance between the claims of victims and perpetrators, in a way that opens the door for healing and reconciliation. During this phase, human rights defenders focus their attention on the victims, 1 “Most people think of peacekeeping as a military activity, involving troops sent into a conflict area by the United Nations or some other official body to stop the fighting and restore order. In its broader sense, however, peacekeeping can include any activity that seeks to reduce violence and create a safe environment for other peacebuilding activities to take place. Many peacekeeping activities can be carried out just as effectively by unarmed civilians” (Wallis/Samayoa 2005, 363). Mauricio García-Durán 97
98 Berghof Handbook Dialogue No. 9 looking for the highest levels of truth, justice and reparations and, also, for the implementation of human rights instruments targeting critical situations of discrimination or exclusion (i.e. protection of women and minority rights). They also pay attention to the promotion of economic, social and cultural rights as conditions for a lasting peace. Peace and conflict transformation practitioners focus their attention on the development of peacebuilding strategies orientated towards guaranteeing adequate social healing and rehabilitation of individuals and social groups, in a way that makes a process of reconciliation possible. FIGURE 1 – Human Rights and Conflict Transformation in Different Conflict Phases Source: elaborated by the author with the team of Peace Initiatives at CINEP.
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Human Rights and Conflict Transform
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Contents Introduction Beatrix Schme
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6 Berghof Handbook Dialogue No. 9 e
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8 Berghof Handbook Dialogue No. 9 f
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10 Berghof Handbook Dialogue No. 9
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16 have been grouped into categorie
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18 rights have come to be considere
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24 leaders), the peace committees f
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26 Diagram 2 Berghof Handbook Dialo
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36 Annex A: Berghof Handbook Dialog
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Page 41 and 42: 42 Berghof Handbook Dialogue No. 9
Page 45 and 46: 46 2200A (XXI), 21 UN GAOR Supp. (N
Page 47 and 48: 48 govern issues of power, resource
Page 51 and 52: 52 behalf of members of a group bec
Page 53 and 54: 54 Paper Series 01/07, www.luiss.it
Page 55 and 56: 56 1. Human Rights in Conflict Tran
Page 59 and 60: 60 of splitting hairs over which ri
Page 63 and 64: 64 References and Further Reading B
Page 65 and 66: The New Constitutionalism: An Appro
Page 67 and 68: is the prolonged abuse of one ident
Page 69 and 70: included in a final document; and i
Page 71 and 72: In these circumstances, the role of
Page 73 and 74: 76 I believe that protecting human
Page 77 and 78: 80 2. “Rights as Rules” and “
Page 79 and 80: 82 3. Conclusion Berghof Handbook D
Page 81 and 82: Human Rights and the Imbalance of P
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Page 85 and 86: 1.2 The Semi-Citizens of Israel The
Page 87 and 88: group shape most public policies. T
Page 89 and 90: References and Further Reading Asso
Page 91: 96 On the other hand, it is indispu
Page 97 and 98: 102 the Justice and Peace Law to ef
Page 99 and 100: Holding Concurrent Realities. Refle
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