Sustaining Campaign for Equitable Protection of Civilians in Armed Conflicts

For Civil Society Legislative Advocacy Centre, the 2021 International Peace Day was an opportunity to reiterate their campaign for equitable and sustainable protection of civilians in armed conflicts. Chiemelie Ezeobi writes on the determined quest to institutionalise the Protection of Civilians policy

The Civil Society Legislative Advocacy Centre (CISLAC) in conjunction with Centre for Civilians in Conflict (CIVIC) with the support from the European Union recently held a media parley in Lagos on “Rethinking and Canvassing National Policy on Protection of Civilian and Civilian Harm Mitigation in Armed Conflict”.

The reason was not far-fetched; most times, during conflict situations, civilian harm can come in form of death, injury, property loss (homes, businesses, livestock), civilian infrastructure damage (schools, hospitals, water treatment facilities), loss of livelihood and psychological trauma.

Often times, civilians are caught in between crossfire, when they live in proximity to military targets, use of force at checkpoints and during raids, use of indirect fire in populated areas, use of inappropriate weapon systems, targeting errors or mistaken identity on the basis of faulty intelligence and lack of preparation for civilian presence on the battlefield.

Therefore, it was to ensure civilian protection that CISLAC and CIVIC teamed up to champion this. Lamenting that the absence of genuine political will to realise accountability for conflict areas and other serious violations has deepened a culture of impunity, they noted that another challenge was that many policymakers and military practitioners equal civilian harm to ‘civilian casualties’, adding that such a narrow definition of the term ‘civilian harm’ is troubling because it obscures other negative impacts of violent conflict on civilians like mental trauma, loss of livelihood, and displacement, among others.

Objectives
According to CISLAC Executive Director, Auwal Ibrahim Musa (Rafsanjani), the objectives of the parley was popularise and advocate for the adoption of the national policy on PoC-CHM to minimise and respond to victim, while learning
and incorporating best and existing practices.

This is why Protection of Civilians (PoC) is important. Essentially, Protection of the Civilian population is a basic element of humanitarian law that states that all civilians and all those not taking part in the fighting must on no account be attacked and must be spared and protected. In fact, the 1949 Geneva Conventions and their 1977 Additional Protocols contain specific rules to protect civilians.

Although the concept of PoC has been progressively introduced to a wider audience, however, within the framework of conflict operations, the full implementation of this principle is hindered by a number of shortcomings, such as the limited understanding of roles and responsibilities, and the lack of clear methods and guidelines.

Embracing Peace
In his welcome address, Rafsanjani harped on the need to embrace peace at all costs. According to him, life is better in a world where peace exists and, “today, we look to those who have been peacemakers and peacekeepers to learn what we can each do individually to make the world a more peaceful place. Peace is possible where adequate protection from harm through deliberate political solution is institutionalised”.

According to the ED, the International Day of Peace celebrated annually on September 21 is devoted to strengthening the ideals of peace, both within and among all nations and peoples. He noted that at a time when conflict and violence has monopolised news cycles, CISLAC and CIVIC believe it is an inspiring reminder of what they can create together.

According to him, “to promote the culture of protection on a day like this, we must first seek to understand the real essence why protection is fundamental. Respect for human right is an integral part of protection.

“The third is to advocate for equality. We must promote human security over regime security. This is indeed at the heart of draft National policy on protection of civilian currently in the mills. Finally, on this note is to promote economic and social stability. Protection is not only from physical harm; it has a direct effect on livelihood and access of social infrastructures.”

Protection of Civilians

Harping on the need to protect civilians, CISLAC ED said “to be effective, security institutions must be politically accountable to the legitimate authorities of the state and to the democratically-elected representatives of the people through external oversight.

” In formulating national security policies and priorities, the protection of civilian and civilian harm mitigation are also very fundamental. That is the real essence why we have gathered here today.

“Protection of civilian allows for adequate accountability mechanism that pushes external agencies to regulate the use of discretionary powers, such as whether the use of force are applied in compliance with national and international law and ensure that the regime that promotes civilian is established.”

Principles of Protection of Civilian and Civilian Harm Mitigation

Stressing that effective protection comes from a holistic balance with issues of governance, accountability, and integrity, Rafsanjani said protection within the security forces is key (to generating a coherent force with the will to face major security challenges and to being able to deal with breaches of conduct at the point of breach).

” Focusing on security alone comes at the expense of accountability that cannot keep up with new equipment, systems, and practices. To avoid the pitfalls of civilian harm, there is an urgent need to adopt a policy regime that emphasises on train and equip measures, a thorough and joint assessment on capacity and integrity of forces can help manage any potential harm in any theatre of operations,” he harped.

Accountability

For good protection regime within the security sector, which he said is a key enabler for wider progress, the ED noted that accountability in security and justice provision is related to protection from abuses, the ability for citizens to seek redress and hold providers accountable, and to the responsiveness and accessibility of provision itself. “Accountability helps build the confidence and legitimacy needed to overcome societal mistrust”, he added.

Role of CIVIC
Commending the collaboration with CIVIC, he said they have worked collectively to institutionalise an accountable system that is vibrant, robust and effective. “One of the expected deliverables for today would be to equip participants with clearer information to monitor track and report gaps within the protection framework, processes, practices and spending.

“Let me also use this medium to emphasise that since the implementation of the project, CISLAC has worked closely with various Ministries, Department and Agencies (MDAs) of government as well as CSOs at state and national level. Defence agencies and media in delivering on the project outcomes. This has led to the formation of various policy shifts”, he added.

Corroborating, Mujidang Sitdang of CIVIC said: “Driven by a passion to save and protect civilians through engagement with relevant armed actors, CIVIC has developed and implemented solutions to prevent, mitigate and respond to civilian harm and in advancement of the vision of a world in which no civilian is harmed in conflict.

“In Nigeria, CIVIC have been working to promote these by engaging with key military institutions to influence their curriculum and reinforce the POC/CHM mindset. CIVIC has successfully trained over 2387 military personnel at training institutions and deployment centres, trained 663 deployed troops within Brigades in the NE, facilitated training of trainers for 93 military instructors, facilitated 19 meaningful dialogues and town hall meetings between the military, community militias, stakeholders and civilians that has further strengthened trust, coordination and led to an inclusive community driven protection of civilian`s strategies.

“In addition, CIVIC has also trained communities in the northeast on the protection of civilian`s and empowered them to the point of establishing six functional community protection committees (CPCs), made up of 300 community members drawn from across host communities and camps that continue to facilitate appropriate engagement with key security agencies to advocate for their protection needs.

“CIVIC has also trained 603 community militias including vigilantes, CJTF & Hunters on Protection of civilian`s principles to provide them with the basic knowledge on understanding civilian centred protection. Above and beyond this, is the several advocacy engagements with the push for the adoption of a Protection of civilians’ policy and bill that CIVIC has been working on with many of you in this room as its advocates.

“When adopted, Nigeria will be the first country in Africa with such a policy that seeks to further safeguard its citizens from harm. Threats to civilians during conflict manifest in many forms. The concept of POC seeks to address the threats by mitigating harm, facilitating access to basic needs and contributing to establishing a safe and secure environment.”

Demands on the Media
Noting that it was imperative to bring together the fourth estate of the realm to look critically at influencing political commitment towards National Policy on the Protection of Civilian and Civilian Harm mitigation in Armed Conflict, Rafsanjani said the role of the media in the defence and security sector is an issue that all must take very seriously considering the recent infrastructure weakness within our security architecture – absence of the community.

Also speaking, Sitdang reiterated that the media has a role to play. He said: “As media partners and custodians of a very strong advocacy instrument, CIVIC urges you to explore mechanisms that will promote the adoption of the PoC policy and also engage in community education bringing to light the importance of civilian protection, putting your full weight behind the drive towards the actualisation of policies, laws and programs that will ensure a system where civilian protection is at its core. Continue to recognise, applaud and report efforts by security agencies and government that have protected civilians.”

Clarifications on Responsibility to Protect, Citizens Right of Self Defence

For Jaye Gaskia, Director Praxis Centre, given the precarious state of insecurity in Nigeria, including about the existential threat that it now poses to the country and to the people, the scale and the scope in terms of the incidences and its impact is not only staggering, but also truly mind boggling.

Quoting statistics, he said: “We now know for instance that more than 2,000 persons have been victims of abductions since the beginning of 2021 alone, with more than 3,000 fatalities also recorded as a result of various mass atrocities engendered by violent acts of insecurity across the country in the same period. Hundreds of thousands have in turn been displaced, and livelihoods of millions devasted and destroyed.

“In this context it is very easy to lose sight of some of the deeper issues of governance, or more precisely absence of governance that are at play. The responsibility to protect is clearly that of the state, and it matters little whether the harm and injury to citizens, and the fatalities suffered are the result of state action – that is the actions of state actors; or whether they are the result of the actions of non-state actors.

“It is important that this fact be restated, and in emphatic terms, because, we are beginning to witness a dangerous trend, where state actors and state security personnel complain loudly [about civil society, citizens and the media], that whereas we are quick to condemn acts of violence visited on the citizens by the armed forces, security personnel, the police and other law enforcement agencies/agents, particularly in the context of the drive against armed and violent non-state actor groups; we are reluctant to condemn, or are less strident in our condemnation of atrocities committed by non-state actors [so the allegation goes].

“Not only is this a deliberate falsehood, and narrative orchestrated by the state and its security personnel to deflect from their culpability, but it is also designed to play the victim, at the expense of the real victims, the long suffering and traumatised citizens.”

Summarily, he posited that not only must the system aim at improving security, and preventing and punishing abuse; it must also be structured in a manner that also ensures and enables justice, including compensation, by the state for victims, regardless of whether the perpetrator of the abuse is a state or non-state actor.

Advantages of the PoC Policy
In his presentation, Julius Gaiya noted that the POC Policy encompasses all efforts made to avoid, minimise and mitigate the negative effects on civilians arising from military operations on the civilian population and, when applicable, to protect civilians from conflict-related physical violence or threats of violence by other actors, including through the establishment of a safe and secure environment.

Apart from making Nigeria the very first country in Africa to have a policy and bill that underlines its commitment to civilian protection, he said the policy recognises – and builds existing best practices, which includes approaches that have been proven to be working in the northeast to address the crisis and improve the humanitarian situation.

He further added that the policy document recognises – and builds upon existing laws, which is consistent with obligations outlined in domestic law, international law, treaties, and constitutional principles.

Thirdly, the policy recognises that to be effective, there must be consistency across government as under the policy and draft bill, all Nigerian security operations will prioritise the safety and security of civilians and endeavour to minimise the negative effects of conflict on the civilian population.

Also, the policy documents recognises that civilians must not be forgotten, thus, the policy and draft bill affirm government’s commitment to ensuring the protection of civilians throughout the planning and conduct of all security operations – as well as protecting civilians from the actions of other armed actors.

Finally, he noted that while the policy is ambitious, it’s achievable, adding that when security operations are not civilian-centric, with components of PoC and adherence to International Humanitarian Law, new root causes of conflict will be created because of harm by security forces either incidentally or accidentally and create an infinite circle of conflict instead of returning situation to normalcy.

Journey so Far

In an interview afterwards, CISLAC Conflict Advisor, Salaudeen Hashim, who brought THISDAY up to speed with the journey so far, said if Nigeria goes ahead to institutionalise the PoC framework, it would become the first in Africa.

Noting that “it is the mind of people that conflicts and wars begin and it is the mind of people that the solution also is harnessed”, he said

So, on a day that we celebrate International Day for peace, we believe that this strongly that the very strong campaign for the country to have this particular framework from the angle of solution because we are looking at not only physical harm but we are looking at the issue that borders around food security, livelihood and the issue that delve deeper into the conversation around access to humanitarian aid so all of these things out together will help us to be able to talk about the issue of equity, equality, inclusion and participation because the decision for this to happen does not only lie with the state, it doesn’t like with every stakeholder both citizens and

The state also has a huge responsibility and one of which is to ensure that they deliver on trust and confidence through but obviously, that is difficult. It is difficult because when you have a state that has failed consistently in delivering on mandate, harnessing confidence and trust is difficult.

“But now, we have no choice considering that in the North-east, North-west, North-central and South-east and now South-south, there are emerging residual and consistent issues that borders around conflict. So peace is the only way out and the infrastructure for peace that we have now is actually embedded in this Protection of Civilians Policy. If that policy comes up on, it has enough ingredients to be able to underscore peace and peace building initiative that will allow every Nigerian to take ownership of the process.

“Security actually is not virtual, it is about perception of the people, the people must actually first if all believe that the intent of the state is particularly driven towards protecting them. If the intents and perception is poor, then it means that the ownership of the process becomes difficult.”

On the journey so far for the PoC Policy, he said”
“Currently, we have set up a technical working group that has now completed the draft policy and that draft policy will be represented at FEC at the end of the month. We have engaged with the Ministry of Justice by 28th of this month. We intend to have final session with the legal drafters in the Ministry of Justice who will now clean it up, look at all the gaps that are existing and of course make it ready for the Presidency and of course for the National Assembly.

“The draft bill has also been finalised and it should be included on the other paper because the National Assembly just resumed. By next week, we hope that it will get onto the other paper then it can be mentioned in the house for its first reading. But one of the biggest ways which we pushed for this was that we organised a multi stakeholders event where we had other agencies like Ministry of Defence, Disaster Management Ministry, Police Affairs and they have all bought into the process.

“We hope that by the time it is being presented at FEC that all of these ministries can now say look we are aware of this particular process and because we are aware of it, we consent. The National Human Right Commission has also played a very significant role so in all of this, we think that we have got the interest of all stakeholders both at the decision making level, at the community level and of course the awareness around the document is actually popularised.”