Final Draft Approved by SRSG: 4 June 2012 UNMISS Protection of Civilians Strategy Introduction 1.

The protection of civilians (PoC) is a central part of UNMISS mandate to support the consolidation of peace and security in South Sudan, and is a key priority of Mission leadership. The Government of the Republic of South Sudan (GRSS) has the primary responsibility to provide security and protection for its civilian population. The role of UNMISS is to advise and assist the GRSS to fulfil this responsibility, but also act independently and impartially to protect civilians when the GRSS is not providing security. 2. The Security Council has requested in resolution 1894 (2009) that all UN peacekeeping missions with protection mandates develop comprehensive PoC strategies. This strategy builds upon the planning documents that were developed during the establishment of UNMISS in 2011.1 It has been developed based on the DPKO/DFS Framework for Drafting Comprehensive Protection of Civilians Strategies in UN Peacekeeping Operations, using the strategy template proposed in this guidance. 3. The aim of the strategy is to ensure a more coherent and coordinated approach to the implementation of UNMISS protection mandate and demonstrate the Missions added value compared to other protection actors. In particular, it provides strategic direction to all relevant parts of the Mission involved in this important mandated task. It does not intend to duplicate the workplans of different mission components, divisions and sections, but rather provide a common framework to implement this whole-of-mission responsibility. 4. The document focuses on the strategic level and therefore does not provide specific operational plans and guidance, which will need to be developed on the basis of this strategy to address specific protection challenges. In particular, given that the threats to civilians are not the same across South Sudan, each UNMISS state office will be required to develop its own action plan2 during the second half of 2012. Different mission components, divisions and sections might also choose to develop more specific guidance and directives on PoC relevant to their actions.3 Specific planning documents will also be developed for protection challenges confronted by the Mission, such as occurred in relation to civilian disarmament in Jonglei at the beginning of 2012.

See the PoC concept of operations developed as part of the ITAPT for the planning of UNMISS and the Mission framework on PoC developed in October 2011. 2 These action plans will build on the protection risk assessment completed for each state and will be overseen by the PoC Working Group in Juba and developed according to a common template. 3 The police component has, for instance, already started to develop a document on its role in relation on PoC.

5. The strategy has been drafted based on an extensive process of consultation with all relevant components, divisions and sections in UNMISS, through the PoC Working Group at headquarters and PoC Task Forces at the State level. Consultation has also taken place with external protection actors including the Protection Cluster, the SPLA and the SSPS. Vision statement 6. UNMISS action on the protection of civilians will contribute to establishing a safe and secure environment, in which the physical integrity and rights of all civilians in South Sudan are fully respected, protected and promoted. This shall be achieved through a combination of preventive, responsive and institution-building approaches. Purpose 7. The overall purpose of the UNMISS PoC strategy is: To prevent and reduce the threat to the civilian population from armed conflict and violence by building the capacity of the Government of the Republic of South Sudan (GRSS) and, when it is unable or unwilling to protect civilians, UNMISS will act independently to prevent harm to civilians within its resources and capabilities. The benchmark4 that has been presented to the Security Council and will be used, amongst other means, to measure progress against this purpose is: The Republic of South Sudan has developed sufficient capacity to prevent, mitigate and resolve conflicts and effectively carry out its responsibility to protect civilians. It should be noted that this benchmark relates to overall context in South Sudan and not necessarily the effectiveness of UNMISS in fulfilling its protection mandate, which will be monitored by the indicators related to the strategys objectives and activities outlined below. Scope 8. The protection of civilians is a central and cross-cutting element of UNMISS mandate that touches upon a number of different mission tasks. The scope of the strategy includes all the PoC-related tasks included in the mandate of UNMISS, which is derived from Security Council resolution 1996 (2011), in particular:
(iv) Advising and assisting the Government of the Republic of South Sudan, including military and police at national and local levels as appropriate, in fulfilling its responsibility to protect civilians, in compliance with international humanitarian, human rights, and refugee law;
4

In resolution 1996 (2011) the Security Council requested that UNMISS develop benchmarks and indicators of progress in relation to its mandated tasks.

(v) Deterring violence including through proactive deployment and patrols in areas at high risk of conflict, within its capabilities and in its areas of deployment, protecting civilians under imminent threat of physical violence, in particular when the Government of the Republic of South Sudan is not providing such security; (vi) Providing security for United Nations and humanitarian personnel, installations and equipment necessary for implementation of mandated tasks, bearing in mind the importance of mission mobility, and contributing to the creation of security conditions conducive to safe, timely, and unimpeded humanitarian assistance;

9. These operative paragraphs above set out the Chapter VII physical protection mandate of UNMISS to protect civilians under imminent threat of physical violence. This unique ability to use force and provide physical protection, combined with politically engaging the GRSS at the highest levels on its protection responsibilities, give the Mission a comparative advantage as compared to other protection actors. However, the PoC role of UNMISS is broader that this part of the mandate and includes a number of other mandated tasks5 including: conflict prevention, mitigation and resolution (Op 3 b) i), human rights (Op 3 b)6 iii), security sector reform and rule of law (Op3 c)), child protection (Op 3 c) v and Op 10), mine action (Op3 c) vi), and sexual violence (Op 24.) The scope of the strategy, therefore, also includes all these tasks. 10. The PoC is a whole-of-mission responsibility that is mainstreamed across the mission. The strategy is applicable to all Mission components, divisions and sections working on the relevant mandated tasks mentioned above, which make up the membership of the PoC Working Group (see below). Compliance with this strategy is mandatory for all relevant staff within these components, divisions and sections. 11. The scope of the strategy does not include the actions of humanitarian organisations that have their own protection strategy, developed by the Protection Cluster and included in the Consolidated Appeal Process (CAP). While UN agencies and NGO actors working on protection have been consulted in the development of this strategy, it is not applicable to their actions. However, the implementation of the UNMISS PoC strategy requires close coordination with the Protection Cluster and other protection actors in the mission area, particularly in relation to common activities, as set out subsequent sections. 12. The strategy does not duplicate, but needs to be closely coordinated with, a number of other planning documents and strategies in the Mission, including the Mission Concept, Results-

See the DPKO/DFS Operational Concept on the Protection of Civilians which sets out the full range of activities that fall within this mandated task. 6 (iii) Monitoring, investigating, verifying, and reporting regularly on human rights and potential threats against the civilian population as well as actual and potential violations of international humanitarian and human rights law, working as appropriate with the Office of the High Comissioner for Human Rights, bringing these to the attention of the authorities as necessary, and immediately reporting gross violations of human rights to the UN Security Council;

Based Budget, the Early Warning and Emergency Response Strategy, and the Peacebuilding Support Plan. Timeframe 13. The expected timeframe of the UNMISS PoC Strategy is 12 months from the date when it is endorsed. It will be revised after 12 months or if there is a significant change in context or the Mission mandate, as decided by the UN Security Council. Protection of civilians risks, including threat and vulnerability analysis 14. In order to identify the threats to the civilian population to which the UNMISS PoC strategy will respond, each of the ten State Coordinators was requested to undertake a protection risk assessment. This was done according to a common template and in coordination with relevant actors (including humanitarian organisations) through the state-level PoC Tasks Forces. The table on the following page summarises the information that was collected and analysed from this exercise. In particular, it lists the generic threats that are faced by civilians and matches these threats with underlying vulnerabilities of civilians to produce the risk assessment. 15. The threats resulting from the actions by both armed groups and the GRSS security forces relate not only to the physical integrity of civilians (e.g. killing and injuries), but a range of other threats, including forms of coercion such as forced displacement or recruitment. They are organised around a typology of different armed conflicts and other situations of violence that are found in South Sudan. It is not easy to categorise the multitude of different situations in South Sudan in which civilians face the threat of violence. Furthermore the protection challenges are influenced by wider dynamics, such the rapidly changing economic situation and austerity measures. However, this typology helps focus what situations the Mission will respond to in relation to its protection mandated in a more systematic basis. If a situation arises that falls outside the scope of this typology, but is considered by Mission leadership that UNMISS should respond as part of its protection mandate, then an approach will be developed for this scenario and/or this strategy would be revised. Type of armed conflict/violence International armed conflict between Sudan and South Sudan Characteristics Despite the CPA, there have been aerial bombardments and incursions within South Sudan from Sudan, including through proxy armed groups (e.g. JEM). The unresolved situation in Abyei has implications for South Sudan as well as the return movement of South Sudanese from Sudan, which presents serious protection concerns. The annual migration of pastoralists across the border can also lead to conflict. There are a number of armed groups that have
4

Internal armed conflict between SPLA

and non-state armed groups (Rebel Militia Groups)

Inter-communal violence, including the involvement of armed civilians and militia

Potential attacks and human rights violations by SPLA/SSPS against civilians during security operations (especially civilian disarmament)

Activities of foreign armed groups e.g. Lords Resistance Army

refused to integrate into the SPLA and have clashed with the national army. These Rebel Militia Groups (RMGs) are in decreasing number and their activities have posed fewer threats to civilians. Ethnic tensions, competition over resources, land disputes and grabbing, cattle-raiding, disaffected armed youth, lack of sustainable livelihoods, and migration are all the causes of serious intercommunal violence in a number of States. These situations are characterised by a serious breakdown of law and order and criminality. Tensions between IDP and refugee returnees and the receiving local populations have also created inter-communal violence. Rather than providing security and protection for the civilian population, the SPLA/SSPS have been responsible for attacks against civilians and human rights violations. The context of civilian disarmament has presented significant problems, while DDR could also present a threat to civilians if those demobilised remain a threat to civilians. Although not common in South Sudan political strife also presents another situation in which attacks against civilians could occur. The LRA has been active in various parts of South Sudan (including Western Bahr el Gazal and Western Equatoria) and carried out attacks on civilians

NB. Threats to humanitarian personnel and property are considered as part of the strategy but not necessarily analysed in conjunction with threats to the civilian population.

UNMISS PoC strategy protection of civilians threat and risk assessment

Situation International armed conflict between Sudan and South Sudan Threats - Aerial bombardment - Refugee movements - Insecurity for refugees - Landmines - Forced repatriation/return - Restriction on freedom of movement - Displaced persons from Abyei - Forced recruitment - Child Recruitment - Conflict-related sexual violence - Killings - Destruction of property and livelihoods - Attacks and occupation of schools and medical facilities - Child recruitment - Conflict-related sexual violence - Landmines - Forced displacement - Killings and injured - Incitement to violence - Destruction of property and livelihoods - Attacks and occupation of schools and medical Vulnerability - Proximity of communities to the border and military bases - Lack of humanitarian access and insecurity -Lack of legal status and documentation - Lack of respect for refugee law - Women, children, disabled, young males and elderly - Communities in which reintegration of RMGs remains problematic - Lack of law/policy on internal displacement - Women, children, disabled, young males and elderly - Weak law enforcement Risk High States - Upper Nile - Northern Bahr el Gahazal - Western Bahr el Ghazal - Unity - Warrap Main counties -Maban - Aweil North, Aweil East -Raja Main actors - SAF - SPLA - SPLA-N - JEM - PDF

-Pariang

Internal armed conflict between SPLA and nonstate armed groups (Rebel Militia Groups)

Medium

- Upper Nile

-Fashoda, Piji, Doleib Hill, Banglai

- Shilluk RMGs

- Unity

-Mayom, Abiemnon, - SSLM/A Pariang - Khorflus, Pigi and Fangak - Twic - SSDM

- Jonglei

- Warrap

Inter-communal violence, including the involvement of armed civilians and militia

High

- Jonglei - Upper Nile - Western Equatoria

- Most counties affected

- White Army - SSPS - SPLA - Armed youths

facilities - Looting - Theft (of cattle) - Abductions - Sexual violence - Forced displacement

agencies - Availability of small arms - Lack of access to justice and respect for human rights

- Warrap - Eastern Equatoria - Central Equatoria - Unity - Lakes - All states

Potential attacks and human rights violations by SPLA/SSPS against civilians during security operations ( especially civilian disarmament)

- Arbitrary killing - Arbitrary and prolonged detention, including of children - Physical abuse, harassment, intimidation and other forms of illtreatment - Looting and theft - Sexual violence, including rape - Excessive and disproportionate use of force

Activities of foreign armed groups e.g. Lords Resistance Army

- Killings - Abductions - Conflict-related sexual violence - Forced displacement

- Communities without presence of security forces or those that are illdisciplined. - Lack of law and order - Lack of access to justice system - Availability of small arms and light weapons - Poor arms management systems - Poor conduct and discipline of security forces - Women and children - Lack of respect of international humanitarian and human rights law

Medium

- SPLA - SSPS

Low

- Western Equatoria - Western Bahr el Ghazal - Central Equatoria

- LRA

POC risk (i.e. probability) = Threats (intentions and capabilities of perpetrators) x Vulnerabilities (of targets)

16. Given that UNMISS has limited resources and cannot respond to all threats to civilians, it is important that the Mission prioritises those protection risks to which it will respond. Such a prioritization is a continuous process based on an on-going analysis of the context through the early warning system (see below). Each situation will be assessed on a case-by-case basis for Mission leadership to decide whether the Mission should respond. As per the mandate, of the mission the main priority are situations in which civilians face the imminent threat of physical violence. In addition, the following criteria will be used when making such operational decisions on prioritisation: Accordance with the mandate of the Mission see relevant paragraphs of resolution 1996 (2011) Threats to civilians that arise within the context of one of the five different types of armed conflict and other situations of violence listed above. Actual, or potential, gravity of the attacks against civilians, including the real or potential scale of deaths and injuries. Clear evidence of serious violations of international humanitarian and human rights law. Indication that the GRSS is unable or unwilling to provide security and protection for civilians. Broader impact on peace and security in South Sudan and UNMISS mandate in this regard. Potential for UNMISS to avert the greatest loss of life and injury to civilians. Analysis of the Missions resources and capabilities (see below) in relation to the potential threat.

Early warning and response system 17. While the table above provides an overview of the threats to civilians that UNMISS will respond, it only provides a snap-shot of the risk of these at a given time. The protection risk assessment is a dynamic and on-going process to identify patterns of abuse and priority areas, which will take place both as part of the on-going work of key sections in the field, and as part of the implementation of the UNMISS Early Warning and Response System.7 As required, contingency plans will also be developed in anticipation of scenarios that may have a serious impact on the civilian population. 18. The principal PoC elements of this Early Warning and Response System that will be taken forward in conjunction with JOC and JMAC include: The development of protection indicators to identify threats to civilians, vulnerabilities and risks that form part of the Priority Information Requirements (PIR)

See UNMISS Early Warning and Early Response Strategy (September 2011) and the draft UNMISS Early Warning and Early Response SOP.

The development of collection of information processes to monitor these indicators, particularly by: strengthening early warning links with the Church and other civil society actors in partnership with the NGO Catholic Relief Services (CRS); using community police relations committees and other civil society groups; improving the protection reporting of Integrated Monitoring Teams (IMTs) and Integrated Teams/Patrols; and improved coordination with the Protection Cluster (including for example the development of a Protection Matrix.) Improved consultation with local communities to understand better their threats. Monitoring of PoC threats and civilian casualties as part of the conflict database being developed by JOC. The identification of PoC threats as part of the weekly conflict and protection early warning matrix. The production of quarterly analytical reports on the medium-to-long terms threats to civilians with JMAC.

A protocol will be developed with Human Rights Division for the sharing of sensitive PoC information, particularly in relation to individual protection cases. Objectives, activities and indicators of progress 19. The DPKO/DFS Operational Concept on PoC provides the conceptual framework for the implementation of protection mandates by UN peacekeeping operations. It is based around three tiers of action: 1) protection through political process; 2) providing protection from physical violence; and 3) establishing a protective environment. Based on UNMISS mandated PoC tasks, the strategys objectives and activities are organised around these three tiers in the following table. In terms of tier two and crisis response, the Mission will follow a cycle of first taking every effort to prevent threats to civilians. Iff this fails, it shall respond, potentially with the use of force. Onence the crisis subside, it shall consolidate the protective environment for civilians.8 20. UNMISS has two principal strategic approaches to PoC. Firstly, given that the GRSS has the primary responsibility to provide security and protection for its civilian population, the priority role of UNMISS is to assist and advise the GRSS to fulfil this responsibility through the actions in the table below. Secondly, when the GRSS is either unable or unwilling to protect civilians, UNMISS will act independently and impartially to protect civilians, including, if necessary, the use of force. In accordance with the Missions Rules of Engagement, this would only be after all other measures have failed and as a last resort . The decision about which approach to adopt will be taken by Mission leadership on a case-bycase basis given the particular PoC challenge confronted by the Mission.

See the DPKO/DFS Operational Concept on the Protection of Civilians

21. The activities listed in the table are not necessarily undertaken in a sequential manner, but may be implemented simultaneously for a comprehensive approach to preventing and, if necessary, responding to threats and attacks against civilians. Mission leadership will decide what tools and approaches are necessary to address a particular threat to civilians through the various coordination mechanisms relevant to the protection mandate (see below.) 22. While the table does not relate to the UN County Team and the Protection Cluster and its Sub-clusters, there are activities contained in it that are also undertaken by these actors. Where this is the case, UNMISS shall ensure coordination to avoid duplication and enhancecommon efforts. Each individual humanitarian and development organisations has not been named in the table, but their complementary protection activites are nonetheless recognised. 23. The indicators of progress in italics in the table are those that have been presented as part of the benchmarks to the Security Council, pursuant to resolution 1996. Since these do not relate to the activities in the table, they have been supplemented by other indicators that are related to the objectives and activities in the table. However, these indicators do not represent an exhaustive list of the ones that would be required to monitor the implementation of the Missions protection mandate. Therefore, a more comprehensive list of indicators will be developed as part of a monitoring plan for the implementation of the strategy and the UNMISS protection mandate see section on monitoring below.

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TIER 1: PROTECTION THROUGH POLITICAL PROCESS Objective 1. Increased willingness and capacity of the GRSS to fulfil its responsibility to provide security and protection for civilians Activities 2. Armed conflict is reduced through conflict prevention and mitigation measures. Advocacy towards, and dialogue with,I the GRSS to ensure a better understanding of the states responsibility to protect civilians. Support the development of GRSS policies and strategies on the protection of civilians Promote improved conduct to reduce the ill-discipline of SPLA and SSPS in locations where civilians are at risk of physical attack, Advocacy towards GRSS to tackle impunity and strengthen accountability A Providing good offices in peace negotiations between different parties. Supporting local government authorities to extend state authority. Facilitate and support the work of state and local level peace actors, including the GRSS (e.g. South Sudan Peace and Reconciliation Comission), traditional leaders, youth, women, church groups and others. Supporting the Government in effectively using its early warning mechanisms Indicators of progress The incidence of large-scale armed violence in South Sudan is reduced consistently over time. Effective local and national mechanisms to mitigate and resolve conflicts have been developed, and the public perceives that the Government has this capacity. Early warning and early response mechanisms are functional and help identify threats to civilians. Protection of civilians is being accepted as a key responsibility of the countrys security forces and enforced by directives and command orders Reduced number of acts of illdiscipline and human rights violations attributed to the SPLA and SSPS Number of peace conference and other conflict mitigation and peacebuilding processes supported Responsible Mission leadership (SRSG, DSRSGs, FC, PC, etc.), State Coordinators

CAD, PAD, State Coordinators

TIER 2: PROVIDING PROTECTION FROM PHYSICAL VIOLENCE Objective 3. Reduced physical threats to civilians in the mission area Activities R Technical advice to GRSS security forces (including the SPLA, SSPS and Wildlife Services) on PoC, including supporting the production of directives and Indicators of progress Civilian casualties from armed conflict and violence are reduced. Responsible Military component, police component, HRD, CAD, DMS, JOC,

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through timely preventive and if necessary responsive actions by UNMISS.

4.
9

codes of conduct. Assistance to the GRSS security forces to protect civilians in accordance with the UN Human Rights Due Diligence Policy (HRDDP). A specific SOP will be developed by HRD as a framework to guide such assistance under the HRDDP. 9 Coordination with SPLA/SSPS in relation to their operations. Preventive deployment of UNMISS military (including Company and Temporary Operating Bases) in prioritised areas at risk of conflict in order to deter violence against civilians. Air reconnaissance, short and long duration patrols, integrated teams of military and civilians, or civilians only. Medical evacuation of injured ex-combatants and civilians, according to developed SOP Mine action, including the removal of landmines and explosive remnants of war, and mine risk education. Engaging with local populations to understand better their protection concerns and self-protection mechanisms that the Mission can without exposing them to greater risk based on do-no harm approaches. Refuge for civilians that seek safety at UNMISS bases for which contingency plans should be developed by the military component in situ. Engaging with non-state armed groups to remind them of their obligations to protect civilians (not including negotiating humanitarian access). Developing a system for civilian casualty and protection incident monitoring. As a last resort, use of force (potentially lethal) against any party to the conflict found attacking civilians according to the UNMISS Rules of Engagement. R Deployment, upon request, of UNMISS military in

Cases of forced displacement of civilian populations are reduced. Number of patrols undertaken by the military, police and civilian components. Number of Company and Temporary Operating Bases Number of medical evacuations. Improved perception of the civilian population that UNMISS military presence enhances their protection Number of landmines removed from the ground and areas cleared Number of violent attacks against humanitarian personnel and property Number of force protection escorts/deployments for humanitarian organisations

UNMACC , State Coordinators

Military component,

UNMISS does not in general provide logistical or material support to the operations of SPLA or SSPS and is not mandated to engage in joint operations with them. Any such role will only be considered on an exceptional basis, if it will demonstrably contribute to the protection of civilians and is in accordance with the UN Human Rights Due Diligence Policy (HRDDP).

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Reduced security threats against humanitarian personnel and property, and increased access for them to populations in need of assistance.

prioritised areas in which humanitarian operations are planned or on-going. Provision of security, including armed escorts as a last resort, to humanitarian convoys and other movements. Development with humanitarian actors of standard operating procedures for UNMISS providing security for humanitarian movements in accordance with IASC Guidelines on the Use of Military or Armed Escorts for Humanitarian Convoys. Sharing security information with humanitarian actors for their response and security planning. Ensuring NGOs are invited to Security Management Teams.

police component, O/DSRSG/RC/HC

Allowing humanitarian actors to seek refuge and to store assets at UNMISS bases as a last resort. TIER 3: ESTABLISHING A PROTECTIVE ENVIRONMENT Objective 5. Increased capacity of the South Sudan Police Service (SSPS) to provide security and establish the rule of law. Activities 6. Less impunity and greater accountability for violations of international humanitarian and human rights law. I Mentoring and advising the SSPS, including through co-location arrangements. Training the SSPS on human rights, child rights and protection, gender-based violence, etc. Facilitating community involvement in security and law enforcement through the creation of Police Community Relations Committees. Advice on policy, planning and legislative development in relation to the SSPS. Monitoring and reporting on arbitrary and prolonged detention and other human rights violations. Development of police misconduct and oversight bodies. L Human rights investigation, monitoring and reporting, including the issuing of public reports. Strengthening civil society capacity on human rights. Capacity building and strengthen national human rights institutions, including the South Sudan Human Rights Commission. Indicators of progress Legislation governing SSPS operations including mechanisms for ensuring police accountability, oversight, reliable and transparent registration is adopted. A National Human Rights Action Plan is adopted and there is demonstrable evidence of the National Human Rights Commission meeting the Paris Principles Mechanisms are in place to hold human rights perpetrators among Security Forces accountable.. Grave violations of child rights are reduced as a result of the Monitoring and Reporting Responsible Police component, HRD, Child Protection

HRD

13

7.

Protection for groups exposed to specific protection risks, such as women or children

8. Reformed security sector and justice system and reduction of the availability of Small Arms and Light Weapons (SALW)

Monitoring and Reporting Mechanism (MRM) on children associated with armed conflict Implementation of an Action Plan with SPLA to prevent child recruitment and ensure release of children from the SPLA and other associated security forces. Release of abducted women and children Establishment of Monitoring, Analysis and Reporting Arrangements (MARA) on conflict-related sexual violence (including collaboration with GBV sub-cluster IMS system). Negotiation with armed actors for them to adopt commitments to prevent conflict-related sexual violence Support the Special Protection Units of the SSPS to function more effectively R Support to bodies providing civilian oversight and governance of the security sector Support to the development of a national security policy. Advocacy and capacity building with the SPLA and its Division of Military Justice to investigate and prosecute SPLA members that have committed crimes. In collaboration with UNDP, support to the prison system Capacity building of national mine action institutions Support and technical advice to the South Sudan Bureau for Community Security and Small Arms Control and Ministry of Interior Training and advocacy to SPLA, SSPS and civil society on SALW control Stockpile management (gun marking, storage and registration) for all security forces

Mechanism and the implementation of the Action Plan by relevant parties Child recruitment and use by security institutions is prohibited and enforced by directives and command orders Relevant parties support monitoring and reporting mechanisms on cases of sexual violence in conflict and such conflict-related cases are reduced. A national security strategy is developed and is consistent with international standards and South Sudans international obligations.. There is evidence of increased effectiveness of the Rule of Law and Justice Institutions including the Prison System. A Military Justice System, complementary to the Civil Justice System, is developed. Arbitrary and prolonged detention decreases significantly Number of training events on various protection issues Existence of commitments related to conflict-related sexual violence

Child Protection, Womens Protection Advisors, HRD, police component

ROLSISO (SSR, Military Justice, etc.), UNMACC, DDR

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Analysis of resources and capacities 24. According to resolution 1996 (2011) UNMISS should use all necessary means, within the limits of its capacity and in the areas where its units are deployed, to carry out its protection mandate. The Security Council has also requested in resolution 1894 (2009) that mandated protection activities must be given priority in decisions about the use of available capacity and resources. UNMISS should therefore ensure that all available resources and capacities are used to protect civilians, especially in scenarios where this priority competes with other elements of the mandate. However, there are significant constraints to what can be achieved, given that these resources and capacities are limited. Furthermore, the Mission frequently faces critical gaps in these resources and capacities that can significantly undermine its ability to deliver its PoC mandate. A cursory analysis of the Missions resources and capacities required for it to fulfil its protection mandate reveals the following most critical gaps: Current shortfall in the number of deployed troops compared to the mandated level of 7,000. Insufficient logistical assets (particularly military aircrafts) to transport and support deployed troops. Lack of a riverine capability to patrol and respond to protection problems throughout the country. Limited UNMISS presence yet at the county level in County Support Bases Limited time on the ground during military and civilian patrols and monitoring Missions, due to lack of air assets and security constraints. Incomplete recruitment process of staff working on protection issues. Lack of sufficiently trained personnel on PoC in the Mission. Impeded freedom of movement of UNMISS troops and personnel (including violations of the SoFA).

25. UNMISS will use the recently-developed DPKO/DFS Resource and Capability Matrix to develop a tool to more systematically identify and monitor the critical resources and capability gaps and highlight these to headquarters at crucial milestones, such as the issuance of the Secretary-Generals reports and the renewal of the Missions mandate. Training 26. The Security Council recognized in resolution 1894 the importance of training on PoC for UN peacekeeping operations. DPKO/DFS have recently finalized generic training modules on PoC to be used in pre-deployment training and potentially for in-Mission training. The UNMISS Integrated Mission Training Centre (IMTC) is the process of customising these training modules to the South Sudan context. A training plan so that the modules can be rolled-out to relevant UNMISS staff in a variety of different training and briefing sessions, particularly at the State level, has been adopted to the PoC Working Group. By early 2013, a training session on PoC will have been delivered in each of the ten States in South Sudan. The UNMISS PoC Strategy will be an integral part of the training that takes place.

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Coordination mechanisms 27. Coordination is vital to the implementation of the strategy given that PoC is a whole-ofMission responsibility requiring close coordination between a range of different components, divisions and sections. The Mission also needs to coordinate closely with a number of external protection actors. The principal coordination mechanisms related to PoC are: Within the Mission a. Protection of Civilians Working Group and Technical Group (Headquarters) The PoC Working Group (see Terms of Reference) is the main coordination structure within UNMISS at headquarters that brings together the relevant Mission components, divisions and sections working on PoC. Chaired by the DSRSG/P, its purpose is to provide strategic direction and policy guidance on the implementation of the UNMISS protection mandate. It meets monthly and, as required, on a more regular basis on thematic issues or specific PoC challenges. The PoC Working Group is supported by a PoC Technical Group (see Terms of Reference). Chaired by the Senior Advisor on PoC and RRP, this meets on a weekly basis. Its purpose is to discuss PoC issues and challenges confronting UNMISS, and formulate proposals and documents to be addressed by the PoC Working Group. b. Protection of Civilians Task Force (State) The PoC Task Force (see Terms of Reference) is the counterpart to the PoC Working Group at the State level. Chaired by the State Coordinator, it acts as the main forum in which analysis is conducted and operational decisions are taken at the State level to implement the UNMISS protection mandate. In particular, it will oversee the development of an Action Plan to implement the overall UNMISS PoC strategy, given that protection threats are different from state to state. The PoC Task Force is currently not meeting in all States and this should be mandatory as part of the implementation of this strategy. c. Other relevant coordination mechanisms While not explicitly related to PoC, there are other coordination mechanisms relevant to this mandated task. In particular, the Mission Leadership Team and the Senior Management Group10 are the fora in which senior Mission leadership make day-to-day operational decisions related to the UNMISS protection mandate. In the event of a significant PoC event, a Crisis Management Team11 will be created. The Joint Operations Centre (JOC) at headquarters, and the State Operations Centre at the state level, are the fora in which information is shared daily on the protection problems and the operational response required

10

See UNMISS Decision Making System and Headquarters Routine (August 2011) for modalities of the Mission Leadership Team, Senior Management Group, and Crisis Management Team 11 See Crisis Management SOP (October 2011)

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UNMISS Protection of Civilians (POC) Coordination Structures

Protection of Civilians Working Group (HQ) Chair: DSRSG/P Participation: DSRSG/RC/HC, FC, PC, HRD, CAD, POC Adviser, RRP, JOC, JMAC, OCHA, UNHCR etc. (Meeting Monthly) UNHCR / OCHA

Thematic Meetings

(e.g. IMT Review Meetings)

Ad Hoc

National Protection Cluster

Chair: UNHCR + NGO

Operational Feedback
Protection of Civilian Technical Group (HQ) Co-Chair: POC Adviser +RRP Participants: Military, Police, JOC, HRD, CAD, OCHA, UNHCR, etc. (Meeting Weekly)

Strategic Guidance and Policy

Protection of Civilians Task Force (State) Chair: State Coordinator Participation: HRD, RRP, CAD, POC Adviser, UNPOL, SMLO, OCHA, UNHCR (Meeting Monthly)

UNHCR / OCHA

State Protection Cluster

Chair: UNHCR + NGO

County Level

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is coordinated.12 There are also other relevant coordination mechanisms on specific components of the UNMISS PoC Strategy e.g. the MRM Task Force related to children and armed conflict (co-chaired by UNICEF and UNMISS) and the soon-to-be-established coordination mechanism related to conflict-related sexual violence (the so-called MARA.) With external actors d. With the Government of the Republic of South Sudan (GRSS) There are coordination mechanisms with the GRSS relevant to PoC. In particular, the biweekly UNMISS-GRSS Mechanism on Mandate Implementation provides of an opportunity for UNMISS senior leadership to coordinate with the GRSS on significant policy and operational PoC issues. The UNMISS military component has also established a coordination mechanism with the SPLA, both at the national and state levels, to share information and operational matters. UNMISS civilian component sections also closely coordinate with their respective line ministries of the GRSS in which PoC issues will be addressed. At the state level, the State Coordinators use their regular meetings with the Governor to raise PoC issues. e. With the Protection Cluster A number of activities included in the strategy (e.g. child protection, human rights, sexual violence, etc.) are also addressed by humanitarian actors and therefore close coordination is required with the Protection Cluster, which is the parallel coordination mechanism to the UNMISS PoC Working and Technical Groups for the humanitarian community. Relevant UNMISS sections participate in the Protection Cluster and its sub-clusters, and UNHCR, as UN co-lead of the Protection Cluster and OCHA, to represent the broader humanitarian community, attend both the UNMISS PoC Working Group and Technical Group. However, to ensure respect for the neutrality and independence of humanitarian action, neither UNMISS, nor or the PoC Working Group coordinate or task humanitarian partners outside of the Mission, who develop their own strategies and work plans. Similarly, the Protection Cluster does not task UNMISS participants. The purpose of these arrangements is to ensure a two-way flow of information, joint prioritization and strategic cooperation. f. With other UN peacekeeping and other Missions in the region Under resolution 1996 (2011) UNMISS is required to closely coordinate its activities related to the Lords Resistance Army (LRA) with MONUSCO and BINUCA, under the political leadership of UNOCA, as articulated in the draft UN LRA Regional Strategy. This includes the sharing of information and coordinating operations, including in support of the AU Regional Cooperation Initiative for the Elimination of the LRA (RCI-LRA), which includes a
12

The JOC provides situational analysis and operational reporting in order to inform effective decision-making by senior leadership in relation to PoC as well as a forum for the development of integrated operational plans and the tasking in relation to these plans.

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Regional Task Force (RTF) of national armies form the region that has a Joint Operations Centre (JOC) in Yambio, Western Equatoria.13 UNMISS also coordinates its PoC activities with UNISFA. While UNISFA is responsible for border monitoring through overseeing the management of the Joint Border Verification and Monitoring Mechanism (JBVMM), UNMISS is responsible for PoC up until the border with respect to threats against civilians on the territory of South Sudan. g. With the local population Engagement with the local population is vital to understanding protection threats and supporting the self-protection measures that communities normally have in place. Each UNMISS military base should establish contact with the community leaders and local population and use existing community committees or networks to address protection problems that can be discussed so that the Mission can adjust its operational plans accordingly. This will require the recruitment of more interpreters and liaison officers (especially female staff to ensure interaction with women in communities). UNMISS is integrated into the structures of CEWERS at national and state levels, which provides an additional source of regular information provided directly by local communities. Roles and responsibilities 28. Since such a wide range of actors in the Mission are involved in PoC it is important that there are clear roles and responsibilities. Senior Mission leadership (SRSG, DSRSGs, FC, PC, etc.) The SRSG is overall responsible for the implementation of the UNMISS protection mandate. Strategic direction is provided and decision-making takes places through the Mission Leadership Team and Senior Management Group. The DSRSG/P is responsible for coordinating the Missions PoC strategic approach and actions through the PoC Working Group that he chairs. The DSRSG/RC/HC is also a member of the PoC Working Group and ensures linkages on PoC between the Mission and the Humanitarian Country Team and the Protection Cluster. The Force Commander has the authority for the use of force in the Mission and providing clear directives to the Troop Contributing Countries (TCC) troops on this task. Likewise, the Police Comissioner has authority for the operational plan of the police component. A principal responsibility of the senior mission leadership is engaging with the GRSS (including the SPLA and SSPS) in relation to its PoC responsibilities. Military component The military components principal role relates to the physical protection part of the UNMISS strategy (see tier 2 above). All UNMISS military personnel should be aware of
13

Referenced should be made to the UN regional strategy that is currently being developed under the leadership of UNOCA with all UN presences in the LRA-affected countries.

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their responsibilities in relation to the protection mandate of Mission through this strategy and the Rules of Engagement. In addition to this strategy, more detailed operational directives on PoC will be sent out by the Force Commander to the UNMISS military component troops as parts of Operations Orders, Fragmented Orders, Directives, and Contingency Plans. Police component The UNMISS police components principal role on PoC relates to establishing a protective environment (see tier 3 above) and in particular strengthening security and law enforcement through support of the SSPS in the form of capacity-building, deployment, advice, mentoring and training. Civilian component The majority of civilian component divisions and sections have a clear role to play in terms of PoC. Given resolution 1996, particular attention must be given to the protection of children and women. Each division and section should be aware of their activities which contribute to the Missions overall implementation of its protection mandate through this strategy. The relevant Head of Division/Section is a member of PoC Working Group. In addition, and as required, they should also designate a Focal Point to follow the coordination of PoC across the Mission. State Coordinators The State Coordinators are responsible for implementing the strategy at the state level 14 through the PoC Task Forces and by developing Action Plans to respond to the protect risk assessments that they carried out. This protection risk assessments should be up-dated on a regular basis and identified threats reported. PoC Advisors The responsibility for PoC has been mainstreamed throughout the Mission and therefore it is not functionally located in any one component or section. Nevertheless, a Senior Advisor on PoC is located in the Office of the SRSG and a Protection Advisor in the O/DSRSG/RC/HC. Three PoC Advisors are being recruited for selected State offices whose role it is to help coordinate the implementation of this strategy at the State level. 29. In order to rehearse roles and responsibilities related to PoC, especially in relation to crisis situations, table-top crisis management exercises will be organised by the JOC for senior Mission leadership and others involved in PoC. The first of these took place in November 2011 and a further one is scheduled for later in 2012.
14

See para 14 of the Directive on the Role and Responsibilities of UNMISS State Coordinators, 27 October 2011

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Public information, including expectation management 30. As already pointed out UNMISS does not have the resources and capabilities to protect all civilians. However, this unrealistic popular expectation of the Mission nonetheless prevails. Furthermore, when civilians are not protected, it is the Mission that is criticised first, calling into question itscredibility and wider legitimacy. Public information is therefore critical for explaining to all stakeholders (particularly the local population) the protection mandate of UNMISS and managing the expectations of what the Mission can realistically do to protect civilians. Public information is also a useful tool to remind the GRSS and armed groups about their obligations to ensure the protection of civilians. A range of public information methods and tools will be developed by PIO to convey these important key messages related to UNMISS protection mandate, including: public statements from the SRSG and senior leadership and the relayof messages through Radio Mariya and other radio in local languages. Outreach will be an essential part of this communication plan that will require working with community representatives, traditional chiefs and religious leaders. Monitoring and reporting 31. A monitoring system will be developed to review and measure the implementation of this strategy and UNMISS protection mandate. The benchmarks and accompanying indicators of progress that have been presented to the Security Council will provide the overall framework for this system for measuring the Missions effectiveness in this area. However, as indicated above, these indicators are not comprehensive and therefore a separate monitoring plan will be developed as part of the action plans developed by the States. 32. Measuring progress and impact related to PoC is extremely challenging. Nevertheless, various methods can be employed. For example, civilian casualty and other protection threat monitoring will help assess changes in the overall context. Specific UNMISS PoC activities (such as the number of patrols and human rights investigation) could be more monitored and reported on more systematically. The most important measure of whether the Mission is having an impact on protecting civilians is arguably the perception of the local population, which can be assessed through focus groups and surveys. Lessons learned exercises and after action reviews will also be used to evaluate and learn from the Missions response to specific PoC crises. 33. UNMISS has specific reporting requirements related to its protection mandate. A dedicated section on PoC is included in the SGs periodic reports to the Security Council, which provides an overview of the main developments and challenges related to the implementation of the protection mandate. Regular situation reports and other reporting requirements also

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provide an opportunity to follow the more day-to-day activities of the Mission in relation to PoC. Reference documents UN Security Council resolution 1674 (2006) and 1894 (2009) on the protection of civilians UN Security Council resolution 1996 (2011) on South Sudan DPKP/DFS Operational Concept on the Protection of Civilians in UN Peacekeeping Operations, April 2010 DPKO/DFS Framework for Drafting Comprehensive PoC Strategies in UN Peacekeeping Operations UNMISS Mission Concept Concept of operations and Mission framework on PoC UNMISS Military Strategic Concept of Operations (CONOPS), 26 September 2011 UNMISS Rules of Engagement Role of UNMISS Police in the Protection of Civilians UNMISS Early Warning and Early Response Strategy, 1 September 2011 UNMISS Early Warning and Early Response SOP (Draft) UNMISS Decision Making System and Headquarters Routine (August 2011) Terms of Reference for PoC Working Group and PoC Task Forces South Sudan Protection Cluster Strategy 2012 UN Human Rights Due Diligence Policy (HRDDP). Directive on the Role and Responsibilities of UNMISS State Coordinators, 27 October 2011

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