Regional Workshop on the Protection of Civilians - S. Rajaratnam ...

PROTECTION OF CIVILIANS: FRAMEWORKS, NORMS AND ACTORS
conflated. These have to be backed with doctrine and
training developed based on the POC concept as well as
qualitative resources. Such training should pay particular
attention to distinguishing between notions adopted
by the military of ‘restoring and maintaining security’
and those relevant to humanitarian aspects of POC.
Similarly, it is important for UN missions to assimilate
locals into their operations so that host governments and
communities have a sense of ownership of the process.
Discussion
The discussion centred on the following topics:
• Mainstreaming vulnerable sections of society,
particularly women and children.
• Expanding the understanding and scope of actors.
• The role of the law in providing a predictable
environment for those needing protection.
Issues were raised in relation to specific vulnerable
sections of society, such as women and children. It
was observed that gendered perspectives on conflict
experiences were not reflected in the norms and
regulations related to POC. For example, in some
societies in Afghanistan, women’s access to protection
is mediated by men. Hence, it is essential for local actors
to be educated on POC, to ensure accountability in the
event of inhibition of access to such protection. The UN
Security Council resolution 1325 (2000) on women,
peace and security was critiqued for not being applicable
to situations spiralling into conflict, whilst addressing
situations progressing to peace and stability.
In relation to children, it was highlighted that the
development, application and implementation of
protection norms are important in times of peace to
allow assessments of existing systems and how they are
functioning. It was observed that the implementation
of international humanitarian and human rights law in
conflict situations is difficult, and adherence cannot be
expected if the rule of law has not been tested in preconflict
situations. For example, monitoring sexual abuse
(as an act of war) is a requirement in times of war, as
per UN child protection obligations. This is undermined
by the lack of monitoring practice in peace times; in
Asia, almost a quarter of the population of girls and
boys are abused in times of peace and this has not been
adequately addressed.
In light of the discussion to expand the contexts to which
the concept of POC is applicable, there is a need to tailor
the concept of POC to the needs of local communities and
individuals. It is also important that local communities
are aware and educated on these aspects. The education
of locals is important to ensure that they can protect
themselves. The inclusion of the business community in
dialogue is considered essential. As contractors in the
field, their involvement and influence can have significant
impact. The concept of corporate social responsibility
can be utilised to further the POC concept, because
the business community is acknowledged as having
significant leverage on policymakers.
In reaction to the evolving dynamics of the way human
life is organised globally and domestically, the law tries
to keep up to create a more predictable environment.
International law represents the consensus of sovereign
states. However, it does not efficiently accommodate
imminent dangers to individuals and societies. It has
lagged in developing norms and agencies to address
dynamic developments, and this underpins challenges
which continue to hinder efforts in POC.
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REGIONAL WORKSHOP ON THE PROTECTION OF CIVILIANS