Transcript Slide 1

The International Conference
on the Great Lakes (IC/GLR)
Overview of ICGLR Legal Framework: New
Perspective Relevant for IDP Protection
Joseph Chilengi
Africa IDP Voice
1
Overview 1
• Objectives, Principles and Stakeholders
• Stages in the process
• The Pact on Security, Stability and
Development in the Great Lakes Region
• Components of the Pact
• Implementation issues
• Challenges
• Opportunities to address displacement in
the region
• Conclusion
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IC/GLR Member States and Co-opted Countries
Tunisia
Morocco
Algeria
Libya
Egypt
Mauritania
Mali
Kap Verde
Senegal
Gambia
Guinea-Bissau
Guinea
Sierra Leone
Liberia
Niger
Eritrea
Chad
Sudan
Burkina
Faso
Djibouti
Benin
Ivory
Coast
Ghana
Togo
Cameroon
Equatorial Guinea
Sao Tome & Principe
Somalia
Ethiopia
Nigeria
Gabon
Central African Republic
Uganda
Congo
Democratic Republic
of Congo
IC/GLR Member Countries
Kenya
Tanzania
Rwanda
Burundi
Comoros
Co-opted Countries involved
Angola
Mozambique
Zambia
Zimbabwe
Namibia
Botswana
South Africa
Swaziland
Lesotho
Malawi
Madagascar
Mauritius
Reunion
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Point of departure
• Awareness that national conflicts in the GLR had a
regional dimension;
• People of the GLR interlinked, hence instability in one
country affects neighbours;
• Need to seek a regional approach for sustainable peace
and development;
 Innovative approach complementing national initiatives,
 Building on partnerships: The core countries, the coopted countries, RECs, UN, AU, Group of Friends,
 Reflecting ownership and inclusiveness: Eleven core
countries and other groups of society
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Burundi
DRC
Rwanda
Uganda
Kenya
Tanzania
Zambia
Angola
CAR
Rep. Of
Congo
Sudan
5
Objectives of the IC/GLR
A regional and international response to the
challenges of the region to transform it into a
space for:
• sustainable peace and security
• political and social stability
• shared growth and development
• cooperation and convergence
Through implementation of the
Pact on Security, Stability and Development
in the Great Lakes Region
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Principles of the Process
INCLUSIVENESS
OWNERSHIP
PARTNERSHIP
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Stakeholders: Governments and Society
ANG
BUR
ZAM
TAN
CAR
Conference
Secretariat
DRC
UGA
KEN
SUD
RWA
RoC
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Stakeholders: Member States and Partners
ANG
BUR
ZAM
CAR
TAN
UGA
Conference
Secretariat
DRC
KEN
SUD
RoC
RWA
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IC/GLR: A long-term process not just an event
1.
From the mid-90ties to 2003: Diplomatic efforts to
get countries concerned ready for and involved in a
comprehensive Peace Conference
2.
Phase (mid 2003 to November 2004):
Laying the foundations of cooperation and agreeing
on principles: The Dar Es Salaam Declaration (DD)
3.
Phase (12/2004 to December 2006):
Elaboration of joint regional programmes of action,
protocols and follow-up mechanism which together
with the DD form the: Pact on Security, Stability
and Development in the Great Lakes Region
4.
Phase (2007 ) Implementation of the PACT
through the eleven member states and other
partners implementing Regional Programmes of
Action and protocols:
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Steps in the 2nd phase of the process
1st SUMMIT
Nov. 2004
DD
Dar
RPC
10/05
Luanda
PPP
05/06
LUS
RPC/
RIMC
02/ 2005
Kigali
Experts
01 BRAZ
NC/REC
05/06
NBO
NC
01/06
NBO
CSO,
♀♀, Y
05/06
KIG
TTTF
04 MSA
Experts
02 KAM
RIMC
07/ 2006
Banjul
TTTF
06 NBO
RPC/
RIMC
02/ 2006
Bangui
GBV
09
NBO
RPC/
RIMC
07/ 2005
Lusaka
Experts
03 KAM
TTTF
09 NBO
NC/REC
03/06
ADD
RIMC
RIMC 2nd SUMMIT
12/ 2006
09/ 2006 12/ 2006
PACT
NYC
NBO
NBO
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The Pact on Security, Stability and Development
in the Great Lakes Region:
A “House” for regional Peace-building and
Development
REGIONAL FOLLOW-UP MECHANISM (RFM)
INSTRUMENTS:
LEGAL:
TECHNICAL:
FINANCIAL:
REGIONAL
PROTOCOLS
REGIONAL
PROGRAMS OF
ACTION
SPECIAL
RECONSTRUCTION
AND DEVELOPMENT
FUND (SRDF)
THE DAR ES SALAAM DECLARATION ON PEACE,
SECURITY, DEMOCRACY AND DEVELOPMENT
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Priority Policy Options
and Guiding Principles:
The DD is the foundation for a common vision for
reconstruction, political stability and sustainable
development in the Great Lakes Region
Peace and
Security
Democracy
and Good
Governance
Economic
Development
and Regional
Integration
Humanitarian
and Social
Issues
Cross-cutting Issues: Gender, Human Rights, Environment, Human
Settlement, HIV/Aids
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10 REGIONAL PROTOCOLS
1. Non-Aggression and Mutual Defense in
the Great Lakes Region;
2. Democracy and Good Governance;
3. Judicial Cooperation;
4. Prevention of and Curbing Crime of
Genocide, Crimes of War, Crimes
against Humanity;
5. Prevention of illegal exploitation of
natural resources in the GLR;
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10 REGIONAL PROTOCOLS (cont’d)
6. Specific Reconstruction and Development
Zone;
7. Protection and assistance to internally
displaced persons;
8. Property rights of returning populations;
9. Prevention and suppression of sexual
violence against women and children;
10. Management of Information and
Communication
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REGIONAL PROGRAMS OF ACTION AND PROJECTS
Democracy
and Good
Governance
Peace and
Security
Economic
Development
and Regional
Integration
Humanitarian
and Social
Issues
10 SUB-PROGRAMMES (33 projects)
Joint Security
Management of
Common
Borders (5)
Interstate
Cooperation on
Peace and
Security (2)
Rule of Law, and
Human Rights
and the Fight of
Crimes against
Humanity (2)
Rational
Management of
Resources (1)
Consolidation of
Democratic
Processes (1)
Cooperation in (3)
Poverty Reduction
Harmonization
and
Strengthening of
Regional
cooperation
policies (2)
Infrastructure
Development (10)
Disaster
preparedness,
protection &
assistance to IDP’s
and refugees and
environment (4)
Resumption of
basic social
services, health
care and psychosocial support to
groups with special
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needs (3)
THE SPECIAL RECONSTRUCTION AND
DEVELOPMENT FUND (SRDF)
• Is the main financing instrument for the
implementation of the Projects and
Protocols;
• Has been initiated by the Heads of State
and Government in the DD, art. 53;
• Will be fed by contributions of Member
States and international partners;
• Will be managed and housed by the AfDB.
• Should get into operation in 2007
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Regional Follow-up Mechanism
Organs
SUMMITs (every 2 years)
Troika between Summits
INTERMINISTERIAL
COMMITTEE
Bi-annual meetings
Ad-hoc Group of Experts
CONFERENCE
SECRETARIAT
NATIONAL
COORDINATION
MECHANISMS
Functions
Directs implementation of the PACT;
Approves budgetary resources;
Assesses progress in implementation;
Conflict prevention & crisis management
Executive Organ: Devise strategies and
monitor implementation of PACT,
consider budgetary and operational
adjustments, establish Group of Experts
for special reports
Technical arm/ coordinating body
(details see extra slide);
Maintain contacts with conference
secretariat and ensure participation of
other relevant groups (e.g. youth,
women, CSO, Private Sector) in the 18
implementation of the PACT
The Conference Secretariat: Functions
The CS is the Technical arm/ coordinating body of the
Conference. Its functions are to:
• Ensure implementation of summit and Ministers
decisions;
• Promotion of Pact, initiating and monitoring the
execution of Programs of Action and Protocols;
• Organizing meetings; reporting; harmonizing
cooperation with partners;
• Drawing up CS programs of activities, budgets and
ensuring their implementation
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CONFERENCE SECRETARIAT AND COOPERATION WITH NATIONAL
COORDINATION MECHANISMS
BURUNDI
ANGOLA
CAR
DR
CONGO
ZAMBIA
CONFERENCE
SECRETARIAT
KENYA
UGANDA
REP OF
CONGO
TANZANIA
SUDAN
RWANDA
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Implementation of protocols, programs of action
and projects
•
•
•
•
•
•
Mobilization of financial resources;
Sensitization process for implementation of the
PACT;
Ratification of Pact and domestication of
protocols;
Preparation for program implementation/ up-date
of project planning;
Finalizing MoUs with implementing institutions;
Preparation of monitoring and evaluation
methodology.
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Challenges
•
•
•
•
•
Ensuring ownership of the process by Member
States;
Securing funding for implementation of the Pact;
Assuring added value of the process to the
existing initiatives and creating tangible benefits
for the people in the region;
Desisting from unilateral approaches in regional
conflict management;
Sustaining dialogue and confidence building
among the Member States and partners.
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How can partners assist in the implementation of
the PACT ?
• Advocacy, lobbying for and using the IC/GLR and
the PACT as a reference point and legal framework
for action;
• Funding/ promoting individual projects e.g. by
utilizing existing bilateral or multilateral
mechanisms;
• Alignment of bilateral and multilateral support to
national projects which are segments of IC/GLR
regional priority projects;
• Direct allocations to the Special Fund;
• Contributing to the continuous involvement of other
actors in the process e.g. civil society, women,
youth;
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Specific opportunities arising from IC/GLR
to address forced displacement issues
•
•




Pact constitutes a legal framework for
regional and cross-border actions;
Innovative elements: 3 Protocols on
Protection/ assistance to IDPs;
Property rights of returning populations
Prevention and suppression of sexual
violence against women and children;
Development of Model Legislation for the
Domestication of these Protocols
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12 DESIGNATED TRANSBORDER DEVELOPMENT AND
SECURITY ZONES IN THE FRAMEWORK OF THE ICGLR
5
6
4
1
3
2
10
7
9
11
12
8
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The Programme of Action on Humanitarian and Social
Issues
The Projects:
Sub Programme 1:
•
Compliance with Intl;
• Disaster preparedness,
protection and assistance to Instruments on HR,
humanitarian law, IDIDPs, refugees and the
documents to IDPs, refugees
environment
and stateless person;
•
Protection, assistance and
search for durable solutions for
displaced persons and
communities that host them;
•
Environmental assessment,
restoration and rehabilitation of
human settlements
•
Legal framework on issues
related to recovery of land and
property for returning persons
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Process Conclusions
•
Implementing the PACT is a huge
challenge, but at the same time a unique
chance for the region;
•
Provides important new opportunities for
humanitarian and social action for refugees
and IDPs;
•
IC/GLR should be a point of reference for
any support to action in the region and the
respective country programs.
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OUTLINE OF LEGAL
PRESENTATION
•
•
•
•
•
•
•
Highlights of ICGLR LegalProcess
Pact
Protocol on IDPs
Projects: IDPS & Their Environment
Along:
Opportunities; Challenges; Remedies
Background & Context
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BACKGROUND/CONTEXT
•
•
•
•
•
•
•
UNSC Resolution
DSM Declaration & Concept
4 Thematic Groups
Protocols - Ten…
Pact
Program/Action
Project Documents
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LEGAL FRAMEWORK
•
•
•
•
Ideally
Hierarchical Order/ Related but Indep
Treaty/Protocols/et als Implementing …
Schedules/Appendices
–
–
–
–
GCs & APs
ICCPR & Protocols
Constitutive Act & Protocols
EAC Treaty & Protocol on the CU
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ICGLR
•
•
•
•
•
•
•
2004 DD – Political/Treaty?
2006 Protocols (et Progs & Projects)
In Implementing DD
2006 Pact
Pact Implementing:
DD; Protocols; Progs etc
These – integral parts of Pact
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ICGLR LEGAL INSTITUTIONS
• Summit
• Regional Inter-Ministerial Committee
• ad hoc Group of Experts
• Conference Secretariat
• National Coordination Mechanism
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PACT…I
•
•
•
•
•
•
•
•
Preamble
Goal of Process:
Durable Peace, Security, Stability, Dev
Joint, Coordinated Measures
Participatory - CSOs
Basis Principles of IL
Protection Assistance Displaced
Determination translate into Reality
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…OPPORTUNITIES
•
•
•
•
•
Recognition inter-linkages
Impunity, Conflict, FD
Reservations
Non-Selectivity in Implementation
High Threshold:
– Amendments
– Withdrawal
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PACT… II/Entry Points
•
•
•
•
•
•
Ltd re Centres of Power!
Besides Preamble
National Coord Mechanisms - Art 1, 27
Regional Follow-Up Mechanism – Art 1
Art 18 Prog Democracy GG
Promote political participation…
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CHALLENGES
•
•
•
•
•
•
•
Hierarchical Link/Pact/Protocols
Force of Law within MS
Harmonisation re ML
Harmonisation et als treaty obligations
Entry Points for CSO
re: Centres of real power in ICGLR!
Applicability to refugees
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PROTOCOL…re Pact
• Commitment IHL re Displaced
• Art 12:
– Undertaking implement GPs
• Art 20:
– Implement Prog Action
– Diverse Causes FM
– Prevention
– Errant MS - Summit
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PROTOCOL… I
•
•
•
•
Present: binding/Institutional/Definition
Protocol: definition/legal void
Institutional Mech?
Experts:
– Effective monitoring
– Institutional machinery
– At all Phases
• nb: AU model
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PROTOCOL… II
•
•
•
•
•
•
•
Clear obligation adopt/Impl GPs
Domesticate GPs
ML:
Definition
Regulate Development Induced …
Identify Govt Agencies with Responsibility
nb: wide participation incld CSO/Pax!
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PROJECTS…
•
•
•
•
•
Humanitarian & Social Issue Theme
Prog: ‘Disaster Prep Prot & Asst to IDPs’
Projects
Property Rights Returnees
Rehab of Camps & RHAs
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