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6 - United Nations and Other Peace Operations and HLP Rights

Published online by Cambridge University Press:  03 May 2011

Scott Leckie
Affiliation:
Displacement Solutions, Geneva
Chris Huggins
Affiliation:
Land Conflict Research, Ottawa
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Summary

INTRODUCTION

The term “peace operations” is a broad one and encompasses several kinds of interventions. We take a broad definition of peace operations as an internationally mandated, uniformed presence, either under United Nations auspices or under the authority of a regional organization like the Economic Community of West African States (ECOWAS) or the Organization of American States. The responsibilities of peace operations toward HLP rights have been increasingly recognized over the past decade. For instance, article 22(5) of the Pinheiro Principles provides that:

International peace operations, in pursuing their overall mandate, should help to maintain a secure and stable environment wherein appropriate housing, land and property restitution policies and programs may be successfully implemented and enforced.

More specifically, Article 22(6) states that:

International peace operations, depending on the mission context, should be requested to support the protection of the right to housing, land and property restitution, including through the enforcement of restitution decisions and judgments. Member States in the Security Council should consider including this role in the mandate of peace operations.

Despite these progressive statements, however, in practice, much remains to be done to institutionalize HLP protection within peace operations. Awareness raising and training activities on HLP rights should be designed for peace operations staff, including military personnel, and would ideally be a mandatory part of pre-mission preparation. Peacekeepers may be required to protect civilian properties from destruction or looting.

Type
Chapter
Information
Conflict and Housing, Land and Property Rights
A Handbook on Issues, Frameworks and Solutions
, pp. 181 - 212
Publisher: Cambridge University Press
Print publication year: 2011

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References

Bell, C. (2000) Peace Agreements and Human Rights, Oxford University Press.Google Scholar
Bell, C.Brahimi Report – Comprehensive Review of the Whole Question of Peacekeeping Operations in All Their Aspects (A/55/305 – S/2000/809) 21 August 2000.
,Brookings-Bern Project on Internal Displacement (2007) Addressing Internal Displacement in Peace Processes, Peace Agreements and Peace-Building.
,Center for Humanitarian Dialogue and Norwegian Ministry of Foreign Affairs (2007) Osloforum07 – Dialogue in a Divided World: Power, Potential and Pitfalls, Geneva.Google Scholar
,FAO (2005) Access to Rural Land and Land Administration after Violent Conflicts, FAO Land Tenure Studies.Google Scholar
,ICISS (2001) The Responsibility to Protect (Report of the International Commission on Intervention and State Sovereignty), IDRC.Google Scholar
,International Council on Human Rights Policy (2006) Negotiating Justice? Human Rights and Peace Agreements, ICHRP.Google Scholar
Martin, Harriet (2006) Kings of Peace, Pawns of War – The Untold Story of Peace-Making, Continuum.Google Scholar
,UN Habitat and ,UNHCR (2004) Housing, Land and Property Rights in Post-Conflict Societies: Proposals for Their Integration into UN Policy and Operational Frameworks – Expert Meeting Report, 10–11 November 2004, Geneva.
,UN Secretary General (2004) The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, UN Security Council, S/2004/616.Google Scholar

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