UN Security Council Resolution 2378 (2017) and the Progressive Peacekeeping Agenda: A Commentary

Abstract

UN Security Council Resolution 2378, which was unanimously adopted on September 20, 2017, is a notable resolution, bringing together, while attempting to drive forward, various ideas and reform proposals that have emerged in recent years in connection with United Nations peacekeeping operations. The fact that it was proposed by Ethiopia, deliberated in Addis Ababa, and adopted during Ethiopia’s presidency of the Security Council are testaments to the central role that this state has played, and continues to play, in UN peacekeeping, perhaps most notably through its position as the leading troop-contributing country to such operations. In this respect, it is notable that the resolution “[u]nderscor[es] the importance of peacekeeping as the most effective tools [sic] available to the United Nations in the promotion and maintenance of international peace and security” while also “[r]eaffirming [the Security Council’s] resolve to strengthen the central role of the United Nations in peacekeeping and to ensure the effective functioning of the collective security system established by the Charter of the United Nations.”

Resolution 2378 (2017) on Peacekeeping Reform

https://www.un.org/press/en/2017/sc12996.doc.htm. Accessed 22 September, 2017, Reprinted with the permission of the United Nations.

Adopted by the Security Council at its 8051st meeting, on 20 September 2017

The Security Council,

Recalling the purposes and principles of the Charter of the United Nations, and reaffirming its primary responsibility for the maintenance of international peace and security,

Recalling its resolutions 1325 (2000), 1809 (2007), 2033 (2012), 2167 (2014), 2171 (2014), 2242 (2015) and 2320 (2016); as well as the statements of its President of 16 December 2014 (PRST/2014/27), 25 November 2015 (S/PRST/2015/22) and 31 December 2015 (S/PRST/2015/26),

Affirming that lasting peace is not achieved nor sustained by military and technical engagements alone, but through political solutions, and strongly convinced that they should guide the design and deployment of United Nations peacekeeping operations,

Underscoring the importance of peacekeeping as the most effective tools available to the United Nations in the promotion and maintenance of international peace and security,

Reaffirming its resolve to strengthen the central role of the United Nations in peacekeeping and to ensure the effective functioning of the collective security system established by the Charter of the United Nations,

Further reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned, and that the Security Council expects full delivery of the mandates it authorizes,

Underscoring the importance it places on the safety and security of peacekeepers in the field and the need for the Secretary-General and troop- and police-contributing countries, respectively, to work together to ensure that all peacekeepers in the field are willing, capable and equipped to effectively and safely implement their mandate,

Recognizing the pledges made by a number of Member States to help meet persistent capacity gaps and improve the performance and capabilities of uniformed and civilian personnel made at various multilateral meetings held in 2015 and 2016, including the “Leaders’ Summit on Peacekeeping” held in New York in September 2015, the “UN Peacekeeping Defence Ministerial” held in London in September 2016 and the “Ministerial Conference on Peacekeeping in the Francophone Area” held in Paris in October 2016, and underscoring the need to fulfil these pledges in order to contribute to improving the overall effectiveness and efficiency of United Nations peacekeeping,

Recalling the Secretary-General’s report entitled “The Future of United Nations Peace Operations: Implementation of the Recommendations of the High-Level Independent Panel on Peace Operations” (A/70/357-S/2015/682) and the recommendations of the report of the High-Level Independent Panel on Peace Operations (A/70/95-S/2015/446), which became the basis for further decisions of the Member States in the Security Council, and Fourth and Fifth Committees of the General Assembly, as well as the Special Committee on Peacekeeping Operations,

Recognizing that cooperation with regional and subregional organizations in matters relating to the maintenance of peace and security, and consistent with Chapter VIII of the Charter of the United Nations, can improve collective security,

Reaffirming that States bear the primary responsibility for protection of civilians throughout their whole territory, while mindful of the important role United Nations peacekeeping operations play in this regard and further recognizing the role that regional and subregional organizations can play in the protection of civilians, and in particular women and children affected by armed conflict, as well as in the prevention of and response to sexual and gender-based violence in armed conflicts and post-conflict situations,

Recognizing the indispensable role of women in United Nations peacekeeping, including supporting the critical role that women play in all peace and security efforts, including those to prevent and resolve conflict and mitigate its impact, welcoming efforts to incentivize greater numbers of women in military and police deployed in United Nations peacekeeping operations and recalling its resolution 2242 (2015) and its aspiration to increase the number of women in military and police contingents of United Nations peacekeeping operations,

Reaffirming its support for the United Nations zero-tolerance policy on all forms of sexual exploitation and abuse, welcoming the Secretary-General’s continued efforts to implement and reinforce this policy,

Noting the signing, on 19 April 2017, of the Joint United Nations-African Union Framework for enhanced partnership between the United Nations Secretariat and the African Union Commission for peace and security in the African continent,

Taking note of the ongoing efforts of the African Union and the subregional organizations, within the framework of the African Peace and Security Architecture (APSA), to strengthen their capacity and undertake peace support operations in the continent, in accordance with Chapter VIII of the Charter of the United Nations, particularly the African Standby Force and its Rapid Deployment Capability,

Further taking note of the Secretary-General’s report on options for authorization and support for African Union Peace Support Operations pursuant to Security Council resolution 2320 (2016), including the financing models as well as the joint planning and consultative decision-making and oversight proposal presented in that report, and noting the need to further develop this work, in consultation with the African Union,

Recalling further its encouragement for the African Union to finalize its human rights and Conduct and Discipline Compliance frameworks for African Union peace support operations, to achieve greater accountability, transparency, and compliance with international human rights law and international humanitarian law, as applicable, and with United Nations conduct and discipline standards, and underscoring the importance of these commitments as well as the requirement for oversight by the Security Council of operations authorized by the Security Council and under the Security Council’s authority consistent with Chapter VIII of the Charter,

Recalling the commitment made by the Assembly of the African Union in January 2015, at its 24th Ordinary Session to fund 25% of the cost of its peace and security efforts, including peace support operations to be phased in over a 5-year period, as reaffirmed at the 25th Ordinary Session in Johannesburg in July 2015, re-emphasizing that consultative analysis and joint planning with the United Nation is critical to developing joint recommendations on the scope and resource implications of potential peace support operations, assessing action and undertaking missions where appropriate, and regularly reporting on such actions when taken and stressing the importance of full compliance with African Union and United Nations human rights and conduct and discipline policies and arrangements,

Taking into account its key role in strengthening United Nations peacekeeping and reaffirming its commitment to continue to consider the relevant recommendations of the Secretary-General’s report (A/70/357-S/2015/682) as well as their implementation, as necessary,

1. Stresses that the primacy of politics should be the hallmark of the approach of the United Nations to the resolution of conflict, including through mediation, the monitoring of ceasefires, assistance to the implementation of peace accords;

2. Further stresses that prevention of conflicts remains a primary responsibility of States and actions undertaken within the framework of conflict prevention by the United Nations should support and complement, as appropriate, the conflict prevention roles of national Governments;

3. Reaffirms the duty of all States to settle their international disputes by peaceful means, inter alia through negotiation, enquiry, good offices, mediation, conciliation, arbitration and judicial settlement, or other peaceful means of their own choice;

4. Recognizes that good offices of the Secretary-General can help resolve conflicts, and encourages the Secretary-General to continue to use mediation to help resolve conflicts peacefully, working in coordination and closely with the relevant regional and subregional organizations, including the African Union, as appropriate;

5. Further recognizes the critical importance of improving accountability, transparency, efficiency and effectiveness in the performance of United Nations peacekeeping operations including through further consideration of the relevant recommendations of the report of the High-Level Independent Panel on Peace Operations (A/70/95-S/2015/446) and the relevant recommendations of the Secretary-General’s report (A/70/357-S/2015/682), in accordance with existing purviews and procedures;

6. Emphasizes the importance of ensuring agile and flexible field support by promoting innovation for better delivery and results with a view to enhancing the overall effectiveness of peacekeeping operations;

7. Welcomes the intention of the Secretary-General to introduce peacekeeping reform within the Secretariat as well as on the ground and underscores the need to continue to engage and seek the support of Member States to ensure transparency;

8. Takes note of the Secretary-General’s initiatives to pursue structural reform of the Secretariat to reinforce the United Nations peace and security architecture; encourages the Secretary-General to continue to engage with the Security Council and the General Assembly and relevant Committees on his initiatives;

9. Underlines the importance of adequate implementation and follow-up of United Nations peacekeeping reform in accordance with existing mandates and procedures; requests its Working Group established in accordance with the presidential statement of 31 January 2001 (S/PRST/2001/3), to review reform initiatives in close cooperation with other Member States, including troop- and police-contributing countries and host countries;

10. Requests the Secretary-General to provide a comprehensive annual briefing to the Security Council on reform of United Nations peacekeeping every 12 months to be followed by a debate, further requests the Secretary-General to provide updates to the Security Council, as part of his comprehensive briefing, on the continuous efforts made in filling the existing gaps in terms of force generation and capabilities as well as other relevant aspects necessary for peacekeeping to effectively and appropriately respond to peace and security challenges; and further requests the Secretary-General to provide recommendations to the Security Council within 90 days of the adoption of this resolution on a mechanism to fill these gaps including through more effective and efficient training and capacity-building;

11. Underscores the need to enhance the overall effectiveness and efficiency of United Nations peacekeeping by improving mission planning, increasing the number of relevant pledges of capabilities, including niche capabilities, enablers, engineering, medical and rapid deployment units, as well as reinforcing peacekeeping performance through training and to fulfil the pledges made by a number of Member States at the various multilateral meetings held in 2015 and 2016;

12. Reaffirms its determination to pursue more prioritization when evaluating, mandating and reviewing United Nations peacekeeping operations, including through strengthening triangular consultations with troop- and police-contributing countries and the Secretariat, strengthening existing formal mechanisms, and underlining the shared responsibility for meaningful, inclusive, active and dynamic consultations, as well as enhancing its dialogue with host countries, with the aim of fully and successfully implementing peacekeeping mandates;

13. Further reaffirms its ongoing efforts to review peacekeeping operations to ensure maximum effectiveness and efficiency on the ground, and to deepen these efforts in partnership with troop- and police-contributing countries and other relevant stakeholders, and requests the Secretary-General to ensure data streams related to the effectiveness of peacekeeping operations, including peacekeeping performance data, are centralized to improve analytics and evaluation of mission operations, based on clear and well identified benchmarks;

14. Further reaffirms its commitment to the cooperation between the United Nations and regional and subregional organizations and arrangements in matters relating to the maintenance of international peace and security, and consistent with Chapter VIII of the Charter of the United Nations, which can improve collective security;

15. Reiterates its determination to take effective steps to further enhance the relationship between the United Nations and regional organizations, in particular the African Union, in accordance with Chapter VIII of the United Nations Charter;

16. Underlines the importance of accelerating the operationalization of the African Standby Force and calls upon the United Nations and Member States to continue to support within the existing means the strengthening of the African Standby Force’s readiness as the overarching framework for African peace support operations, and requests the Secretary-General to report on the progress achieved in this regard in his next Report on Strengthening the Partnership between the United Nations and the African Union on Issues of Peace and Security in Africa, including the Work of the United Nations Office to the African Union (UNOAU), and encourages the UN Secretariat and the AUC to collaborate towards strengthening the APSA by supporting the APSA road map and silencing the guns master roadmap and their respective work plans;

17. Reiterates that regional organizations have the responsibility to secure human, financial, logistical and other resources for their organizations and recognizes that ad hoc and unpredictable financing arrangements for African Union led peace support operations authorized by the Security Council and consistent with Chapter VIII of the Charter may impact the effectiveness of these peace support operations;

18. Expresses its intention to give further consideration to practical steps that can be taken, and the conditions necessary, to establish the mechanism through which African Union led peace support operations authorized by the Security Council and under the Security Council’s authority under Chapter VIII of the Charter could be partly financed through United Nations assessed contributions, on a case by case basis, in compliance with relevant agreed standards and mechanisms to ensure strategic and financial oversight and accountability, and taking into account the work undertaken by the United Nations Secretariat and the African Union Commission in this regard, acknowledging the development of operations mandated or authorized by the AU;

19. Reiterates its request to the Secretary-General, where applicable, to continue to take steps to enhance measures in United Nations peacekeeping operations against all forms of abuse and exploitation of civilians by any member of the United Nations peacekeeping operations, urges troop- and police-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel; reiterates its call for all non-United Nations forces authorized under a Security Council mandate to take adequate measures to prevent and combat impunity for sexual exploitation and abuse, hold perpetrators accountable and repatriate units when there is credible evidence of widespread or systematic sexual exploitation and abuse by those units;

20. Requests the Secretary-General, in coordination with the African Union, to present in his next Report on Strengthening the Partnership between the United Nations and the African Union on Issues of Peace and Security in Africa, including the Work of the United Nations Office to the African Union (UNOAU), a reporting framework which would establish clear, consistent and predictable reporting channels, including fiduciary and mandate delivery, between the Secretariat, the Commission and the two Councils, as well as standardized reporting requirements;

21. Decides to remain seized of the matter.