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Move 2
Specific Planning Issues
Issue 1 | Findings 1 | Issue 2 | Findings 2 | Issue 3 | Findings 3

Introduction

After the briefing, the key senior leadership of the UN mission and the Force Commander of the MNF met again to discuss information received from the SRSG and to assess reports that have arrived from the few remaining international agencies in Tindoro.

Current Situation

The SRSG has reported progress in the negotiation process with the parties to the conflict and feels that an accord on a ceasefire is close and could be signed within the week.  Samagaland is prepared to renounce claims to South Tindoro and is prepared to withdraw forces as soon as the MNF has secured the border area.  The humanitarian situation is grave and both parties would welcome the return of the international relief agencies and NGOs as soon as possible.  Conditions in the border area remain extremely tense although North Tindoro and Samagaland forces have stopped major cross border attacks.  Lawlessness has become the norm and the parties to the conflict have essentially admitted that they have lost control of the militias and are unable to police the criminal activities.

Three areas have surfaced that cause some degree of concern to both parties as the negotiations progress:

1. The safe and rapid return of refugees and IDPs;
2. The management of the transfer of major population areas across the border (hot spots); and
3. The process of disarmament, demobilization and the reintegration of forces.

The parties to the conflict feel that these three situations represent the crucial elements that would reduce the levels of tension, were they managed well and executed quickly.  Their resolution would also provide the impetus for a broader settlement. 

Requirement

The SRSG has requested that the evaluation team gathered in Japan examine these issues and provide him with a similar assessment to that provided on the mission as a whole.

General categories to be considered are:

1. The end state to be achieved;
2. The objectives to achieve the end state;
3. Political, military, humanitarian and police policy issues and their impact;
4. The key players and their roles and responsibilities;
5. The relationships between the components;
6. The process for sharing information; and
7. The coordination mechanisms.

ISSUE 1: THE SAFE RETURN OF REFUGEES & INTERNALLY DISPLACED PERSONS

Current Situation

The rapid and safe return of refugees and IDPs will be critical to the process that reestablishes peace.  The humanitarian situation has continued to deteriorate in the absence of the international humanitarian community and the majority of NGOs.  The status of the numerous camps on both sides of the border is unknown and additional people in the border area have likely been displaced

although they are not living in camps.  The adjusted border may also have created refugees and displaced in town and areas where they were formerly citizens.

Clearly in order to meet the pressing needs of the refugees/IDPs that in the border region and in the camps, rapid access will be required.  The safe return of the displaced will need to be balanced against the needs to stabilize the security situation, the improvement of their health and nutrition status prior to their movement, and the preparation of areas on the opposite side of the border.  There is an urgent need to coordinate and cooperate with the other agencies to determine their roles and responsibilities in the return process and what support or assistance this will require from the military. 

Requirement

Evaluate the safe return of refugees considering the seven general categories above, plus:

1. The establishment of temporary refugee/IDP camps, who is responsible for administration, maintenance and security of the camps;
2. Priorities of effort in the return process, and;
3. Coordination and cooperation mechanisms with other independent IOs, such as the ICRC.

FINDINGS: ISSUE 1

Definition of the Desired End State: 

Refugees and IDPs are living in an environment of their choosing, when possible, where there is a basic level of law and order with access to minimum levels of basic needs, including basic rights as enumerated under international law, and the opportunity to resume normal lives.

Objectives to Achieving the End State:

• Obtain agreement of parties to effect safe and rapid settlement of refugees and IDPs
• Obtain agreement of major stakeholders for classification and identification of Refugee/IDP population
• Secure the environment where Refugees/IDPs are currently located, their  transit routes and border crossings and the environment to which they are moving
• Ensure they are governed by an umbrella of law and order which includes a code of conduct for aid providers
• Prepare Refugees/IDPs for return to society while in the camps
• Minimize the time for the return of populations, understanding that it may take longer than this mission is scheduled for
• Meet the need of especially vulnerable portions of the population which require special attention
• Ensure the appropriate agencies are in place to meet all needs of the Refugee/IDPs
• Recommend that reasonable time frame is developed with all parties for orderly return of Refugees/IDPs
• Establish priorities of return based upon the policy of maximum return for minimum effort, after those most vulnerable are stabilized
• Develop a special program to assure combatants are removed from Refugee/IDP populations
• Develop a special program for return of the Refugee/IDPs in the "transition area"

Relationship Requirements:

• Begin by defining the roles and responsibilities of each component to assure mutually supporting tasks
• Security is the critical issue regarding the return of Refugees/IDPs-as is therefore the linkage between MNF, CIVPOL and Humanitarians
• The capability of the SRSG to negotiate with all parties is fundamental to achieving return of Refugees/IDPs
• The return of Refugees/IDPs involves interrelationships with everyone, including the media

Coordinating Mechanisms:

• Establish a clear system and hierarchy, with priorities
• Appoint coordinator and staff with authority, for return of Refugees/IDPs
• Establish a directly coordinating mechanism, with authority, with MNF
• Develop effective communications system
• Liaise, liaise, liaise at all levels

Information Sharing:

• Establish an information sharing mechanism across all the components
• Establish the levels of information that will be shared

ISSUE 2: MANAGING THE TRANSITION OF A POPULATION CENTER (HOT SPOT)

Current Situation

The Siam Agreement attempted to redress the ethic imbalances that existed across the North and South Tindoro border.  The agreed border sees the transfer of four major urban centers from one nation to the other.  Queenstown, long a center of opposition in South Tindoro has been transferred from South to North Tindoro, while Campbell town, Fingal and St. Helens are transferred from North to South Tindoro.

While the transfer of these towns restores the ethic balance along the border area and between the two nations, there are many problems associated with the transition.  These can best be described as "hot spots" and have the potential for civil strife, violence, terrorism, crime and gang activities.  The complexities of changed citizenship, displaced persons, new legal constructs and government management are all adding to the frustrations of the population.  The CIVPOL Commissioner has already discussed with the FC problems concerning the establishment and training of the Police Forces that will need to operate in these centers as the government control changes.  The lack of control in the interim period has already created a breeding ground for drug traffickers and gangs control areas of the towns.  Sources indicated that disaffected military personnel from both North and South Tindoro are involved in the illegal activities.  Vendettas are common and factions are displacing populations from the other ethic groups from their homes

Requirement

Examine the issues surrounding the UN Mission and the MNF handling of a "hot spot", considering the seven general categories (p. 7), plus:

1. Re-establishment of the rule of law in the towns and judiciary system issues;
2. Liaison, coordination and cooperation between the UN Mission and the local authorities, and;
3. Creation and training of civilian police to handle the situations in the towns.

FINDINGS: ISSUE 2

Definition of the Desired End State:

The return of law and order within the transition area, which is to be considered a demilitarized zone, to the pre-conflict status of 1994.

Recommendations:

• Establish controlled border crossing points as soon as border is demarcated and set up monitoring mechanisms;  {CIVPOL and MNF/FC}
• Establish a Law Orientation Program (LOP) for the police within three months to train 100 percent of the police force;  {SRSG, MNF/FC and CIVPOL}
• Establish a mentoring field program with UN/CIVPOL working with local police in the transition area after LOP is completed; {SRSG and CIVPOL}
• Establish an amnesty program (transition issues) for the former combatants of the transition area, lasting up to one year;  {SRSG, MNF/FC, CIVPOL, HC/ICRC}
• Implement a comprehensive DDR program;  {SRSG, MNF/FC and HC}
• Include key elements of the socio-political structure for interagency and governmental functioning within the transition area;  {SRSG, HC}
• Integrate sufficient members of the community leadership (for advising CIVPOL) into the LOP to promote local participation;  {SRSG, CIVPOL and HC}
• Establish policies to facilitate 100 percent repatriation and re/settlement of refugees and IDPs in a phased program within one year.  {SRSG, MNF/FC and HC}

ISSUE 3: DISARMAMENT, DEMOBILIZATION & REINTEGRATION (DDR)

Current Situation

As part of the long-term solution to the conflict, the SRSG will initiate negotiations with the political leaders concerning the disarmament of military units and restructure of remaining military units.  He believes that subsequent to the acceptance by both governments of the presence of the MNF and the establishment of a buffer zone on the border that the DDR process should begin as rapidly as possible.  He sees the process as one in which all the components in the UN mission and the MNF will have major responsibilities and one for which he will need to generate political and financial support among the parties to the conflict and the broader international community.

Requirement

Evaluate the issues surrounding the DDR process, considering the seven general categories (p. 7), plus:

1. The division of labor in the process including;
   • Monitoring and verification procedures;
   • Weapons management issues;
   • Security, Collection & Disposal procedures;
2. Financial resources and the technical know-how; and
3. Reconciliation & reintegration issues, national level mechanisms, confidence building measures, War Crimes Tribunal/Truth Commission.

FINDINGS: ISSUE 3

Definition of the Desired End State:

The satisfactory integration of the ex-combatants in the peaceful and politically stable society in Tindoro.

Key Issues:

• Incorporate DDR clearly in MNF and UN mission mandate
  • Parties agreed in Siam agreement to establish Demobilization and Resettlement Commission
• Establish conditions in support of cessation of hostilities (confidence building)
  • Need comprehensive framework for regular and irregular forces;
  • Provide clear information on process communicated to former combatants.;
  • Give consideration for voluntary vs. involuntary disarmament.
• Advance progress in resettlement/repatriation efforts of Refugees/IDPs, resolution of hot spots and political disputes of factions;
• Establish UNDP Trust Fund for DDR in Tindoro;
• Establish political agreements to stem small arms proliferation.

Objectives for Disarmament and Demobilization:

• Develop rapid timeline for disarmament and demobilization of both regular and irregular forces
  • Demobilization needs to have a community-based approach:
    • Clarify numbers of combatants to be demobilized/re-integrated
    • Ex-combatants are to return to barracks (regular forces) and/or resettle to community
      • Establishment of temporary cantonment camps/meeting points if necessary (especially irregular forces);
      • Management/security of cantonment (military);
      • Provide for basic services (through UN Agencies, local Red Cross/Crescent).
    • Establish a weapons collection regime
      • Security and Documentation;
      • Issue: Old guns may be turned in but new guns hoarded;
    • Broadly publicize security guarantees and incentives
      • Word of mouth and leaflet distribution;
      • Establish UN and/or MNF radio station/distribute pre-programmed receivers/batteries with messages on:
        • Equitable disarmament of all parties;
        • Issue: Provide cash, food for weapons, etc.
  • Include in MOU for resettlement the choice of remaining in army or to receive skills training;
  • Create a referral system: determine skills, medical screening, psycho-social counseling;
  • Keep the future promise: improved livelihood without using gun
• After XXX period, enforce disarmament and plan for arrest and detention for those unwilling to disarm.

Objectives for Reintegration:

• Agree on the transition period before final force size/structure
  • Use existing military, government and UN/NGO structures for re-training ex-combatants in meaningful employment program
• Re-establish and sustain law and order
  • Minimize reasons for ex-combatants to use/need guns
• Recommend a community based approach to re-integration:
  • Reconciliation Process
    • Acceptance back to community of origin;
    • Address property rights/compensation issues (legal/human rights arena)
  • Provide for livelihoods without guns: options for sustainable employment
    • Status and sense of belonging (political/social);
    • Education and Re-socialization;
    • Special programs for re-integration of child soldiers.

Recommendations for the SRSG:

• Ensure DDR program is clear and explicit in its provision of task guidance to key players, and that it is consistent with commitments in Siam Agreement;
• Ensure participatory planning in all phases of the DDR process by the parties and key local players to secure sustained political will and ownership of the process;
• Provide planners with useful data, including numbers of combatants to be processed, to all stakeholders;
• Secure initial funding and facilitate the commitment of donors to ensure multi-year funding for a full spectrum DDR;
• Ensure promulgation of a good information campaign to civilian population on DDR process;
  • Establish UN radio and other UN media outlets;
• Initiate political process to control the flow of arms into Tindoro;
• Ensure crimes and issues of impunity are addressed in a proper and culturally sensitive process.

Recommendations for the FC:

• Ensure collaborative/consultative planning for a comprehensive framework to support the separation and disarmament of combatants;
  • Consult with the SRSG, Humanitarian Coordinator, etc. on the choice of location of assembly areas and the handover of ex-combatants in a phased manner that can be accommodated by civilian agencies;
• Cantonment/destruction policy of weapons collected;
• Document the activities.

Recommendations for the Humanitarian Coordinator:

• Plan exit strategies and transitions for emergency programs to development programs (i.e. transition from DD stage to R stage);
  • Include transition from humanitarian coordinator to UNDP resident representative;
• Provide timely and accurate assessments of status of refugee/IDP return and resettlement process.

Recommendations for the CIVPOL Commissioner:

• Develop a program to control weapons proliferation and to secure the border;
• Provide timely and accurate reports on law and order issues in hot spots that will affect the willingness to disarm.

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