Violence and displacement continued throughout 2015. A woman arrives with a handful <strong>of</strong> possesions to the Bentiu PoC in August. © IOM 2015 Photo: Brendan Bannon
<strong>Lessons</strong> <strong>Learned</strong> <strong>from</strong> <strong>South</strong> <strong>Sudan</strong> <strong>Protection</strong> <strong>of</strong> <strong>Civilian</strong> <strong>Sites</strong> - UNMISS and the PoC <strong>Sites</strong> - 31 UNMISS and the PoC <strong>Sites</strong> Mandate Many in UNMISS perceive the PoC sites as constricting the mission’s ability to carry out its protection <strong>of</strong> civilian mandate, and, therefore, should be closed as soon as possible. Others in the mission believe that the creation <strong>of</strong> the PoC sites is a significant, and arguably the most successful, example <strong>of</strong> UNMISS’s implementation <strong>of</strong> its protection <strong>of</strong> civilians mandate (Interview 50). Former DSRSG/RC/HC Lanzer argued that “UNMISS looking after people on its bases is, if you will, protection <strong>of</strong> civilians in action. It’s a very visible, very tangible expression <strong>of</strong> a peacekeeping mission fulfilling its security council mandate, and UNMISS should be proud <strong>of</strong> it, not trying to state that this was detracting <strong>from</strong> its ability to do other things, for example patrol in other parts <strong>of</strong> the country”, 5 January 2015. Not everyone in the mission agrees, and many respondents regarded the PoC sites as obstacles to a broader operational implementation <strong>of</strong> protection <strong>of</strong> civilians in <strong>South</strong> <strong>Sudan</strong>. Tensions within UNMISS over the perception <strong>of</strong> the PoC sites as either a success or a hindrance remain central to the relationship those in the mission have with the sites. These perceptions also have important implications for the operation and funding <strong>of</strong> the PoC sites. If the sites are perceived to be a successful example <strong>of</strong> UNMISS carrying out its mandate, then there is more interest to invest in them and less pressure <strong>from</strong> mission leadership and New York to close them down. One former UNMISS staff member noted that there is an “irreconcilable tension: on the one hand it [PoC sites] is central to what we are doing, but we never want to say that because that would somehow be admitting that our other peacekeeping strategies are failures” (Interview 50). The same staff member further pointed out that instead <strong>of</strong> regarding the PoC sites as obstacles to carrying out the protection <strong>of</strong> civilians mandate, “it is quite demonstrable that the inverse is true. PoC sites are a consequence <strong>of</strong> the mission’s inability to do protection <strong>of</strong> civilians in any other locations outside <strong>of</strong> these core bases” (Interview 50). According to UNMISS leadership, the mission could not have protected civilians outside its bases with the resources at its disposal. Making references to the lack <strong>of</strong> troops and the intensity <strong>of</strong> the violence, former SRSG Johnson rejected the notion that the mission had the capacity to prevent the violence in Juba (15 January 2016). 25 The important question <strong>of</strong> the feasibility <strong>of</strong> the mandate given to the mission by Member States must be raised. Since their formation, the PoC sites have frequently been blamed for demanding resources <strong>from</strong> the mission that could otherwise be used to carry out protection <strong>of</strong> civilians outside the bases. Regardless <strong>of</strong> the existence <strong>of</strong> the PoC sites, UNMISS would still face the same challenges as they did prior to the PoC sites in terms <strong>of</strong> resources, personnel, security and access. As a result, the existence <strong>of</strong> the PoC sites has become a convenient scapegoat for why UNMISS cannot successfully carry out its mandate outside its own perimeters. UNMISS has also taken direct action to prevent the creation <strong>of</strong> new PoCs. At the end <strong>of</strong> 2015, UN High Commissioner for Refugees (UNHCR) reported tens <strong>of</strong> thousands <strong>of</strong> newly displaced civilians in Western Equatoria due to eruptions <strong>of</strong> armed violence between SPLA and local groups. 26 According to an INGO manager, in January 2016 in Yambio, Western Equatoria, people fled to the UNMISS base for protection (Interview 101). Unlike 2013, the IDPs were refused entry to the base and instead were directed to an INGO compound nearby. For a couple <strong>of</strong> nights, 5,000–7,000 IDPs stayed in the INGO compound before returning home. During that period, UNMISS provided perimeter security for the INGO compound. This incident raises a number <strong>of</strong> serious questions regarding both the perceptions UNMISS has regarding their understanding <strong>of</strong> humanitarian space and if the current protocol is now to refuse entry <strong>of</strong> IDPs to UNMISS bases. Reiterating a report in 2011 regarding former mission, UNMIS 1, “the Security Council had created false expectations as to the capacities <strong>of</strong> the TCC troops. In reality, for political and economic reasons, the Member States were not committed to invest the necessary resources or personnel required for a Chapter VII mandate.” 27, 28 UNMISS did not have the ability or resources to successfully protect civilians outside its bases before the conflict, and the same limitations will still exist even if the PoC sites are closed. If it is impossible for UNMISS to successfully carry out its protection <strong>of</strong> civilians mandate, due to the relative scale <strong>of</strong> the country and its limited resources, then the mandate needs to be amended to a realistic objective. If the mandate remains the same, member states should give the mission the resources it needs to succeed and mission leadership should prioritize resources and be transparent to the <strong>South</strong> <strong>Sudan</strong>ese and others regarding its actual capacity to protect. 25 26 27 According to Johnson, in December 2013 the mission only had 150 troops in Juba in addition to those required to operate the base. <strong>Sudan</strong> Tribune, “UN says thousands being displaced as fresh conflicts erupt in parts <strong>of</strong> <strong>South</strong> <strong>Sudan</strong>,” 9 January 2016. I.M. Breidlid and J. Harald Sande Lie. “Challenges to <strong>Protection</strong> <strong>of</strong> <strong>Civilian</strong>s in <strong>South</strong> <strong>Sudan</strong>: A Warning <strong>from</strong> Jonglei State.” Security in Practice 8, NUPI (2011), p. 21. 28 A peacekeeping mission mandated under Chapter VII <strong>of</strong> the UN Charter “contains provisions related to ‘Action with Respect to the Peace, Breaches <strong>of</strong> the Peace and Acts <strong>of</strong> Aggression’. In recent years, the Council has adopted the practice <strong>of</strong> invoking Chapter VII <strong>of</strong> the Charter when authorizing the deployment <strong>of</strong> UN peacekeeping operations into volatile post-conflict settings where the State is unable to maintain security and public order.” www.un.org/en/peacekeeping/operations/pkmandates.shtml