*Protecting Civilians in South Sudan: Time to Revisit the Mandate/
 International Peace Institute 01.07.16*

As noted in a recent Global Observatory article by Haidi Willmot, there
continue to be major barriers to implementing the protection of civilians
(PoC) mandate across the United Nations system. Nowhere are these more
evident than in PoC sites in South Sudan. The UN has condemned recent
attacks on these sites and, following an inquiry concluded this month,
accepted responsibility for failing to prevent the deadliest, which killed
30 and injured many more in Malakal from February 17-18.

As Willmot noted, the PoC mandate suffers from selective application,
difficulties from limited resources and capabilities, and potential issues
around the impartiality of peacekeeping forces. Further complicating the
picture is “The absence of a common, holistic understanding of the
protection of civilians both within the UN system, and the broader
international community.”

Bearing this in mind, management of PoC sites in civil war-ravaged South
Sudan has proven a difficult new departure from the UN’s regular protocols.
The most recent figures show there are currently 158,727 civilians seeking
refuge in six bases of the UN mission in South Sudan (UNMISS). As well as
the Malakal violence, an attack employing small arms fire and
rocket-propelled grenades damaged the compound in Bentiu on April 25.

Some of those peacekeepers and commanders deemed responsible for the
failure in Malakal are being repatriated, and the UN has stated that
additional measures will be adopted to prevent such failures in future.
While it is vital that civilians are more effectively protected from such
attacks, the question of what PoC should entail, and the appropriate
division of labor for achieving this, remains unanswered.

Originally, UNMISS had intended for its PoC sites to be a short-term
solution to a temporary crisis, allowing for immediate protection to be
offered to thousands of civilians fleeing violence. While UN guidelines
state that such measures should indeed be a temporary last resort, it has
become increasingly clear over time that those sheltering within UN bases
need longer-term protection. The ongoing South Sudan conflict means many
civilians are likely to keep seeking this refuge for months, and perhaps
even years. This has led to PoC sites being considered by some as merely a
new kind of settlement for internally displaced persons (IDPs).

The longer-term need for a safe haven requires a broader understanding of
what protecting civilians entails. Preventing violent attacks on civilians,
while clearly important, remains a very narrow definition. Médecins Sans
Frontières recently argued for an urgent need to improve living conditions
within PoC sites, stating that they are de facto IDP camps, and that the
humanitarian standards applying in the latter should also be met in PoC
sites.

Clearly this is a much broader vision of protecting civilians; one that
entails not only providing security from violence but also access to food,
water, sanitation, and the other essentials of day-to-day life. Despite the
events that occurred in February and April and the continued presence of
tens of thousands of displaced civilians, not only has UNMISS not embraced
this wider understanding of protection, it has actively opposed it, citing
a policy that states:

“In the event that civilians do seek protection at an UNMISS base the
mission should avoid providing any unwarranted incentive that might lead to
a long-term presence of the civilians or induce a pull factor for further
civilians to come to the base.”

Even though the numbers of civilians now living in the South Sudan PoC
sites is much larger than originally planned for, living spaces have not
been proportionately expanded and sanitation and water services have not
been sufficiently improved, posing major health and protection risks,
including the potential for outbreaks of communicable diseases like
cholera, and the threat of criminal activity.

But, while we would argue that providing basic medical care, sanitation,
protection, and water and food security are all integral parts of
protecting civilians, it is not necessarily the case that UNMISS is the
appropriate body to provide for all of these needs. As Haidi Willmot argued:

“Important protection activities are also undertaken by political, human
rights, humanitarian, refugee and development actors, as well as by
civilian populations themselves.”

Although it is charged with the protection of civilians, another part of
the UNMISS mandate (as set out in the most recent Security Council
resolution, adopted on 15 December 2015) is “Creating the conditions
conducive to the delivery of humanitarian aid.” This requires UNMISS:

“To contribute, in close coordination with humanitarian actors, to the
creation of security conditions conducive to the delivery of humanitarian
assistance, confidence-building and facilitation, so as to allow the rapid,
safe and unhindered access of relief personnel to all those in need in
South Sudan and timely delivery of humanitarian assistance, in particular
to IDPs and refugees, recalling the need for compliance with the relevant
provisions of international law and respect for the UN guiding principles
of humanitarian assistance.”

On June 22, MSF released a hugely critical internal review of the February
2016 Malakal attacks, revealing that aid providers were not given
sufficient protection by UNMISS to enable them to respond effectively. The
report pointed to serious issues that arise when humanitarian organizations
“operate under the security umbrella of a body which does not sufficiently
measure risk in relation to humanitarian needs and potential impact.” It
argued that the UN Department of Safety and Security recommendations
paralysed almost all UN agencies and international NGOs, and prevented the
interagency mass casualty plan from being carried out and resources being
shared.

The report also highlights the developing situation after the attacks,
claiming that UNMISS continues to oppose providing protection in the new
sector of the PoC site, and the continuing failure to meet basic
humanitarian standards.

PoC sites are clearly an imperfect solution for all concerned, as MSF’s
report points out:

“PoCs are not an ideal solution for anyone, least of all their residents.
UNMISS and the GRSS [South Sudan government] do not want them, the IDPs do
not want to live in them and humanitarian agencies do not want to operate
within them. They are, however, an uncomfortable reality of South Sudan
today and are inextricably linked with the ethno-political conflict.”

Given that these sites do exist, it is vital that the protection of the
civilians living within them is interpreted broadly and that the different
parts of the UNMISS mandate—in particular those relating to PoC, human
rights, and facilitating humanitarian aid—are viewed holistically. There is
no point in protecting civilians from violence if they are then left to die
from infectious diseases, malnutrition, or violence within the compound
itself.

The attacks against civilians that have occurred in the South Sudan PoC
sites are deeply regrettable; as is the UN’s failure to prevent them. But
the longer-term challenges of protecting the health and welfare of
civilians also need to be met. A survey conducted by MSF revealed that
three-quarters of those surveyed living in PoC sites feel unsafe and have
lost trust in UNMISS. But data from the survey also suggested that for most
of those seeking refuge it was safety, rather than food or healthcare
provision, that led them to the PoC, undermining the claim that the proper
provision of such services could be a “pull factor.”

Those living within the PoC sites in South Sudan continue to endure
unsanitary and unsafe living conditions. Solving this will require a much
closer and much better relationship between UNMISS on the one hand and MSF
and other humanitarian actors on the other. Viewing civilian protection
more broadly and as a collective endeavor may provide some common ground on
which an improved relationship could be built.

Johanna Greco is a Research Assistant in the Department of Politics,
University of Sheffield. Simon Rushton is a Lecturer in the Department of
Politics, University of Sheffield

Originally Published in the Global Observatory

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