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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 2 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 3 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 4 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 6 Principles of the Process INCLUSIVENESS OWNERSHIP PARTNERSHIP 7 Stakeholders: Governments and Society ANG BUR ZAM TAN CAR Conference Secretariat DRC UGA KEN SUD RWA RoC 8 Stakeholders: Member States and Partners ANG BUR ZAM CAR TAN UGA Conference Secretariat DRC KEN SUD RoC RWA 9 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: 10 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 11 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 12 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 13 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; 14 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 15 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 16 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 17 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 19 CONFERENCE SECRETARIAT AND COOPERATION WITH NATIONAL COORDINATION MECHANISMS BURUNDI ANGOLA CAR DR CONGO ZAMBIA CONFERENCE SECRETARIAT KENYA UGANDA REP OF CONGO TANZANIA SUDAN RWANDA 20 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. 21 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. 22 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; 23 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 24 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 25 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 26 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. 27 OUTLINE OF LEGAL PRESENTATION • • • • • • • Highlights of ICGLR LegalProcess Pact Protocol on IDPs Projects: IDPS & Their Environment Along: Opportunities; Challenges; Remedies Background & Context 28 BACKGROUND/CONTEXT • • • • • • • UNSC Resolution DSM Declaration & Concept 4 Thematic Groups Protocols - Ten… Pact Program/Action Project Documents 29 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 30 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 31 ICGLR LEGAL INSTITUTIONS • Summit • Regional Inter-Ministerial Committee • ad hoc Group of Experts • Conference Secretariat • National Coordination Mechanism 32 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 33 …OPPORTUNITIES • • • • • Recognition inter-linkages Impunity, Conflict, FD Reservations Non-Selectivity in Implementation High Threshold: – Amendments – Withdrawal 34 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… 35 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 36 PROTOCOL…re Pact • Commitment IHL re Displaced • Art 12: – Undertaking implement GPs • Art 20: – Implement Prog Action – Diverse Causes FM – Prevention – Errant MS - Summit 37 PROTOCOL… I • • • • Present: binding/Institutional/Definition Protocol: definition/legal void Institutional Mech? Experts: – Effective monitoring – Institutional machinery – At all Phases • nb: AU model 38 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! 39 PROJECTS… • • • • • Humanitarian & Social Issue Theme Prog: ‘Disaster Prep Prot & Asst to IDPs’ Projects Property Rights Returnees Rehab of Camps & RHAs 40 41