here - Center on International Cooperation - New York University

28 | Thematic EssaysThe utility of “good offices” and thechanging face of mediation“Good offices” are long established but poorlydefined as a flexible tool for international diplomacyand action. “Good offices” are not mentionedin the UN Charter (but perhaps embraced by article33 (1) which lists “other peaceful means of theirown choice” among measures available to states toachieve the peaceful settlement of disputes). Yet atthe United Nations, and in some other organizationssuch as the Organisation of American States(OAS), the term “good offices” has evolved veryhelpfully to mean almost anything – from a welltimedtelephone call by the Secretary-General,to exploratory conversations, or a full-fledgedmediation effort conducted in his or her name.This broad interpretation of good offices isindicative of profound shifts in peacemaking.During the past ten years, recognition that differentconflicts and stages of conflict require differenttypes of mediator and mediation has been accompaniedby both the profusion of mediators and adiffusion of the concept of mediation. 1 Formalnegotiations – such as those seen on Cyprus orin Kenya in recent years, or those pursued by theUnited States in the Middle East – may be few andfar between, but activities exploring or preparing formediation, or the discreet facilitation of contactsand dialogue, are widespread. Such good offices cantake place long before conditions may be ripe for anegotiation. And, as many peacekeeping operationshave found, they are likely to continue throughoutthe implementation of peace agreements.The United Nations remains a reference pointfor international mediation, even as the frequencywith which its Secretary-General or his staff arecalled upon to lead a mediation effort have declinedmarkedly in the years since the end of the ColdWar. It has found that it need not be at the forefrontof an effort to play an effective role, and in some circumstancesmay even have greater room for its goodoffices before it becomes necessary to negotiate theparameters of a mandate. 2 The UN has graduallyadapted to the rise in the activity of regional organizationsas well as an increase in the engagementof individual states and independent mediators. Itis also increasingly developing its capacity to providemediation support to its own representativesas well as to other peacemakers. Secretariat officialsrecognize that these developments have creatednew opportunities for collaboration between differentactors (political missions among them) withdistinct comparative advantages, as well, at times, asunhelpful competition among them.A number of UN political missions – from theSecretary-General’s Special Adviser on Cyprus,Personal Envoy for Western Sahara or the UNPolitical Office for Somalia (UNPOS) to theengagements of Special Envoys on the areas affectedby the Lord’s Resistance Army (LRA, 2006-2009)or on the Eastern Democratic Republic of theCongo (2008-2009) – have nevertheless operatedunder mandates that empower UN officials to conductgood offices or mediation in its classic form.This entails a process of dialogue and negotiationin which a third party assists two or more conflictingparties, with their consent, to prevent, manage orresolve a conflict without recourse to force.Some of these political missions reflect theUN’s role as a mediator of last resort. They encompassissues of deep intractability which geopoliticalfactors render unsuitable for other mediators (suchas divisions within the African Union and amongstother interested states over Western Sahara or thecomplex relationship of Greece and Turkey, bothNATO members, to the Cyprus conflict). Thesecan remain on the UN agenda almost indefinitely.Others reflect more recent conflicts in Africato which the UN’s appointment of senior regionalleaders – former President Joaquim Chissano ofMozambique in the case of the areas affected bythe Lord’s Resistance Army and former PresidentOlusegun Obasanjo of Nigeria in the Eastern DRC– combines regional credibility and leverage withthe authority of the global organization. A similaryet more low key role is fulfilled by the UN Officefor West Africa (UNOWA), which works closelywith regional actors in the context of a broadmandate for good offices. 3 Given its small size andthe extreme volatility of the countries under itspurview, it has a seemingly limitless opportunity topursue them.Meanwhile, t<strong>here</strong> are many contexts in whichthe good offices of regional organizations andother actors may be more acceptable to nationalsensitivities than the United Nations. Individualstates – among them several such as Qatar, SaudiArabia and Turkey are attractive to conflict partiesbecause of their Islamic credentials – have grown in