Preventive Action for Refugee Producing Situations

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144 Chapter 4 situation of the wars in the Gulf and in former Yugoslavia. And yet the term prevention has bravely survived in the discussions for finding solutions in these senseless wars. Bitter ethnic conflicts, senseless killing, violence and evictions have led to the displacement of more than four million people within and outside Iraq and the former Yugoslavia. As the High Commissioner Madame Ogata also said in her Graz speech in May 1992: For forty years, refugee policies and practices were affected by the predomiant power struggle for global dominance, which was the Cold War. It was international support for victims of communist persecution and repression, which in 1951 led to the establishment of UNHCR to protect and assist individuals seeking refuge in free and democratic countries of the West In those days the problem appeared relatively simple. Flight from regimes in the East made the granting of asylum in the West an act of benevolence, and protection against refoulement self-evident Voluntary repatriation was inconceivable, and integration in countries of asylum or resettlement the only real solution. The 1951 Convention was adopted, acceded to and respected by many States. Protection of the individual under the supervision of UNHCR was agreed on. Since then, liberation wars and ethnic strife caused mass refugee movements, but there was hope and generosity. With the 1969 OAU Convention on Refugees, violence as a cause of flight, asylum as a way of protection and voluntary repatriation as the ideal solution were adopted. Other regions in the Southern hemishere showed a similar combination of pragmatism and vision in the way they dealt with refugee-producing problems. 340 The 1992 Note on International Protection of the UN High Commissioner for Refugees highlights prevention as one of the main elements of protection. The internal Working group on international protection of UNHCR, which in early 1992 reviewed UNHCR's protection activities, recognized: the need to give greater content to a role for UNHCR vis-a-vis countries of origin, including in the area of prevention. Here, the challenge is to develop a balanced and effective refugee policy which includes new options on prevention. Early warning, preventive diplomacy, human rights promotion, economic _______________________ 340 Statement by Mrs. Sadako Ogata, United Nations High Commissioner for Refugees at the Academic Graz International Conference "Fortress Europe? Refugees and Migrants: Their Human Rights and Dignity", Graz, Austria, 23 May 1992, p. 1-4. New Approaches and Policies 145 and social development and protection of internally displaced persons were areas agreed on for specific UNHCR initiatives. The internal working group felt that inter-agency cooperation was particularly important, considering the complementarity of mandates and expertise in the UN. The UN can look back to more than 40 years of conflict prevention efforts, which during the Cold War had limited possibilities for contributing to prevent refugee-producing situations. UN-conflict prevention, after the East-West-conflict, is likely to be more successful. Therefore, an examination of the mandate, methods, facilities and funding of the UN conflict-prevention efforts are relevant for a proper understanding of the subject. We will review them before discussing the new Department for Humanitarian Affairs and before more specifically looking at new approaches for UNHCR's information on and preventive protection in countries of origin. 4.1.1 UN Conflict Prevention: Experience and Prospects: 341 Many conflict situations overwhelmed the power of the Security Council during the Cold War period. Still, a number of regional conflicts could be contained or decreased, which possibly otherwise could have led to confrontations of the superpowers. 342 The concept of preventing conflicts has been used for many years. Dag Hammarskjold for the first time in the late 1950s coined the term of PREVENTIVE DIPLOMACY. The UN's peace-keeping experience is the largest in the world and is recognized world wide. The Nobel Peace Prize for Peace-keepers in 1988 is just a testimony in recognition of their accomplishments. Peace-making, with activities in political and I diplomatic reconciliation, mediation and arbitration, good offices and fact-finding have made some progress, especially since there is no longer superpower confrontation. However, its effectiveness is still totally ________________________________ 341 This chapter is based on a paper delivered by the author at the International Seminar organized by the Finnish Institute of International Affairs on "The Art of Conflict Prevention: Theory and Praxis of the UN, EC/WEU, NATO, CSCE and the CIS" in Helsinki on 2 June 1992 after interviews with competent officials at the UN-headquarters in April 1992, whose cooperation is herewith gratefully acknowledged. 342 See: Brian Urquhart, "Mehr als eine Action von Hilfssheriffen", in: Die Blauhelme, Im Einsatz für Frieden, Hrsg. Ernst Koch, 1991 Report Verlag, p. 57
146 Chapter 4 dependent on the political will of concerned States. Peace-building processes, which could either precede or follow conflict prevention efforts have faced serious obstacles. For 50 years the aim of the UN has remained the same: To maintain international peace and security. It is the nature of conflict prevention efforts which has changed over the last 50 years, particularly since 1989. Today, there are no longer models to guide policy and action. The once existing models are no longer applicable. This is a challenge and an opportunity for the UN and its conflict prevention objectives. Both the Members of the Security Council and the new Secretary- General, in recognition of the challenges and opportunities ahead, have given fresh impetus to explore possibilities to strengthen the capacity of preventive diplomacy of the UN. We will examine the basis of the UN's mandate for maintaining peace and security and thus prevention of conflicts. 1. Mandate: a) What is the UN mandate for conflict prevention? Primary instruments containing especially a mandate applicable for conflict prevention are contained in the UN Charter, (essentially in Articles 1, 11(2), 24, Chapter VI and VII, Articles 40 and exceptionally 41 as well as in Article 99). Article 1 stipulates that the "Purposes of the United Nations are: To maintain international peace and security, and to that end: to take effective collective measures for the prevention and the removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustments or settlement of international disputes or situations which might lead to a breach of the peace. Article 24 specifies the functions and powers of the Security Council to whom the Member States have conferred the primary responsibility for the maintenance of international peace and security. Article 25 provides that "the Member States of the United Nations agree to carry out the decisions of the Security Council" in accordance with the Charter. Even though some Member States insist that Article 25 decisions are only mandatory if taken under Chapter VII, there has developed a general agreement that all decisions of the Security Council (regardless if New Approaches and Policies 147 statements, decisions, resolutions) are mandatory. Chapter VI and VII of the Charter refers to peaceful settlement of disputes and action with respect to threats to the peace, breaches of the peace, and acts of aggression are key elements for UN conflict prevention. For the peaceful settlement of disputes, the Security Council shall, on the basis of Article 33, call upon the parties of any dispute - to settle it by such means as by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. In accordance with Article 34, Member States agree that the Security Council may investigate any dispute, any situation which might lead to international friction, or which may give rise to a dispute, in order to determine the degree of possible danger of continued international peace and security. Article 40 of Chapter VII provides that in order to prevent the aggravation of a situation, the Security Council may call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. In exceptional circumstances, the Security Council may proceed under Article 41 and decide on such measures as arms embargo and non-military sanctions. The Secretary-General could be called upon to play the important roles of mediator and adviser of numerous governments for conflict prevention. In the exercise of his function as chief administrator of the United Nations, he takes decisions, which may be qualified as political. Article 99 provides him with powers that go well beyond those previously given to any head of an international organization. He "may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security". These powers require the Secretary-General to exercise the highest qualities of political judgement, tact and integrity. He has the power to judge on the opportunity whether or not he brings personally a matter to the attention of the Security Council. The drafters of Article 99 wished to ensure the existence of a capable organ to which Member States could bring a particular threatening matter of interest before the UN without hesitation. The Secretary-General must be prudent in the application of Article 99. Article 99 implies a value judgement of a potentially controversial situation because this initiative supposes a favorable response by the Security Council. The Secretary-General risks his name for measures ultimately taken by the Security Council. That was the case of Trygve
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Luise Drüke Preventive Action for
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European University Studies Europä
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Foreword It is a pleasure to welcom
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240 2 Appendices 241 Memorandum of
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244 Appendices Interviews conducted
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248 Appendices UN UN tumees, wherec
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252 Selected Bibliography San Remo:
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256 Selected Bibliography Selected
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260 Selected Bibliography MORRIS, G
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264 Selected Bibliography with Regi
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272 Selected Bibliography -—----
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This book provides an empirical ana
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