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

EXECUTIVE SUMMARY
Executive Summary
Asia has suffered protracted intra-state conflicts and
violence, with significant repercussions for civilians.
Alongside these civilian protection challenges, there have
been considerable regional institutional developments
in recent years such as the establishment of the ASEAN
Intergovernmental Commission on Human Rights
(AICHR) and the ASEAN Commission on the Promotion
and Protection of the Rights of Women and Children
(ACWC). It is against this backdrop that the <strong>Regional</strong>
<strong>Workshop</strong> on the Protection of Civilians organised by the
RSIS Centre for Non-Traditional Security (NTS) Studies
and the International Committee for the Red Cross (ICRC)
was convened on 15–16 July 2010.
Participants from different backgrounds, including the
fields of law, academia and civil society, came together
with the aim of understanding the existing standards and
frameworks, and the relevant policies; and to explore
ways to build on existing mechanisms to advance the
protection of civilians (POC) in Asia.
Three significant themes emerged from this <strong>Regional</strong>
<strong>Workshop</strong>. They are: (1) the need for comprehensive and
long-term protection; (2) the effectiveness and accessibility
of existing mechanisms; and (3) the support strategies
for states to exercise their responsibility to protect their
citizens. Finally, participants identified potential ways
forward to achieve a sustainable framework to ensure
the protection of civilians.
Comprehensive and Long-term Protection
Through the analytical lenses of legal, military, civil
society and international organisations, participants
concluded that the failure to utilise a rights-based
approach allowed for the systematic violation of the
freedom of expression and opinion, and that of thought,
conscience and religion in Asia. Furthermore, participants
noted that military intervention as a method of protection
is unnecessarily coercive as it involves the use of force
in situations which can be resolved through conflict
management and resolution processes. This approach is
problematic as it exposes civilians to significant levels
of violence and potential physical harm. In addition,
greater attention has to be given to violations of civilian
protection during peace time as these translate into
long-term and systematic social challenges for states
and societies on a broader level.
Effectiveness and Accessibility of
Existing Mechanisms
Focus group discussions on the protection of women,
children, as well as internally displaced persons
(IDPs), refugees and migrants in Asia identified three
main themes. The first is the inconsistency between
international treaty obligations and the implementation
of suitable domestic laws. The second is poor accessibility
to national protection mechanisms such as access to an
independent judiciary and a fair, affordable and efficient
legal process. The third is the low level of participation
and weak representation of vulnerable sections of society
in decision-making processes.
Support Strategies for States and Societies
There was recognition that the responsibility to protect
civilians rests primarily with the state. In Asia, there is
political will at the national level but states need to
strengthen their abilities to address civilian protection
concerns and needs. Participants endorsed the role of
the state, and recognised that other organisations can
complement and support the obligations of states.
States need to recognise the various actors involved in
ensuring the protection of civilians and engage them
in dialogue. Furthermore, states should strengthen
cooperation and collaboration with non-state actors
and develop a comprehensive POC framework. This
cooperation and collaboration will need to be secured
at and between the local, national, regional and
international levels.
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REGIONAL WORKSHOP ON THE PROTECTION OF CIVILIANS