First Net Print, December 18 1999
Second Net Print, October 30 2001

IV. 
Recommendations

The Inquiry is aware that a number of steps have been taken over the past few years to improve the capacity of the United Nations to respond to conflicts, and specifically to respond to some of the mistakes made in Rwanda. For instance, welcome changes have been made with regard to how the Secretariat briefs the Security Council. Internal structures have also been set up with the aim of improving the Secretariat's capacity for early warning and early action. However, there is still need for determined action if the United Nations is to be better prepared to prevent future catastrophes than it was to prevent and respond to the tragedy in Rwanda. The Inquiry makes the following recommendations for action.

1. An action plan to prevent genocide. The Inquiry recommends that the Secretary-General initiate a United Nations action plan to prevent genocide. More than five years after the genocide in Rwanda, the time has come to make the obligation under the Genocide Convention to "prevent and to punish" genocide a concrete reality in the daily work of the United Nations. The plan should aim to increase awareness and capacity system-wide to prevent and counteract genocide and other massive human rights violations, and should result in the implementation in practice of the lessons learned from the tragedies of Rwanda and the former Yugoslavia. Each part of the United Nations system, including Member States, should examine what active steps they should take to counteract such horrific crimes. The plan should include a follow-up mechanism to ensure that such steps are taken. An action plan to prevent genocide could provide concrete input to the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance scheduled for the year 2001.

As part of the plan, efforts at improving early warning and preventive capacity should include the prevention of genocide as a particular component. Specific training should be given to staff both at Headquarters, in agencies and programmes, and not least, personnel in field missions, to identify warning signs, analyse them, and translate warnings into appropriate action. Use should be made of the competence developed over the past years within the International Tribunals for the former Yugoslavia and Rwanda. In the technical field, enhanced cooperation between Member States and the United Nations should aim to improve capacity to block hate media. The plan should establish networks of cooperation with humanitarian organisations, academic institutions and other non-governmental organisations with the aim of enhancing early warning and early response capacity. An intensified dialogue should be established between the Secretariat and the Security Council on the need for preventive action, and when necessary, on the need for enforcement measures to counteract genocide and other massive human rights violations in the future.

Planning for peacekeeping operations should whenever relevant include the prevention of genocide as a specific component. In situations where a peacekeeping operation might be confronted with the risk of massive killings or genocide it must be made clear in the mandate and Rules of Engagement of that operation that traditional neutrality cannot be applied in such situations, and the necessary resources be put at the disposal of the mission from the start.

Identify situations as genocide when warranted and assume the concomitant responsibility to act. States must be prepared to identify situations as genocide when the criteria for that crime are met, and to assume the responsibility to act that accompanies that definition. More attention needs to be given to preventing crises from escalating or erupting into genocide.

2. The Inquiry recommends that action be taken to improve the capacity of the United Nations to conduct peacekeeping operations, and in particular to ensure the sufficiently rapid deployment of missions into the field. The issue is not a new one, and similar recommendations have been made by other bodies, but while the need has been repeated many times, the problem remains. The United Nations remains the only organization which can bring global legitimacy to peacekeeping efforts. Important initiatives can be taken at the regional level, but the United Nations must be prepared and willing to exercise the responsibility for international peace and security enshrined in its Charter, no matter where the conflict. The Inquiry hopes that the Secretary-General and the Member States of the Organization will use the opportunity provided by the Millennium Summit and Assembly next year to mobilise the political will necessary to solve the current problems facing United Nations peacekeeping, to look clearly at the challenges ahead, at what needs to be learnt from past failures, including in Rwanda, and what can be done to meet the challenges of tomorrow. This entails in particular:

- Ensuring the necessary resources for peacekeeping. Member States must be prepared to provide the necessary troops at short notice to the United Nations. Participation in initiatives such as the United Nations standby-arrangements needs to be increased, but equally importantly, matched by the political will to allow those resources committed to be deployed in specific conflict situations.

The credibility of United Nations peacekeeping depends on operations being given the resources necessary to fulfil their mandates.

It also requires that troop contributors refrain from withdrawing unilaterally from a peacekeeping operation when that withdrawal may be expected to jeopardize or put in danger the operation in question. Close coordination is necessary with the Secretariat about any decision to withdraw or reduce a contingent.

- Increasing preparedness to conduct contingency planning, both for expected new peacekeeping operations and to meet possible needs to adjust mandates of existing operations.

- Taking action to make logistical resources rapidly available to contingents lacking in material, either by enhancing the use of the logistic base at Brindisi or by means of donor contributions. The Secretariat should be provided with the resources to enable it to function as a clearing-house for needs and available materiel and training resources. Concrete discussions should be held between the United Nations and relevant regional and subregional organisations on how to improve the availability of materiel for peacekeeping. The Inquiry urges that new momentum be given to solving the recurrent need for logistical support for troop contingents from developing countries.

- Ensuring that mandates fully meet the needs on the ground. The overriding concern in formulating mandates must be what presence is needed on the ground, not short-term financial constraints. The Security Council should be presented with proposals reflecting the real needs of a mission, not ones tailored to a previously perceived consensus. Mandates must be made robust enough already from the beginning of a mission. They should also be flexible enough to allow the Force Commander the lee-way to adapt to changing circumstances on the ground.

- Ensuring that the leadership of an operation arrives in a well-planned manner. The Special Representative of the Secretary-General should be appointed early, should preferrably have experience from peace negotiations which may have preceded a peacekeeping mission, and should be among the first to take up his post in the mission area. Good cooperation between the civilian and military leadership of a mission is essential.

- Ensuring full coordination between the Secretariat and other affected agencies in the planning and deployment of peacekeeping operations. It is also important to further improve coordination and cooperation between peacekeeping operations and NGOs active in the mission area.

- Improve cooperation between the United Nations on the one hand, and regional and subregional organizations on the other. Existing contacts could be intensified, not least in order to enhance concrete cooperation with respect to peacekeeping activities. Regular and direct contacts between the Security Council and representatives of regional and subregional organizations active in the field of peace and security should be increased.

- There should never be any doubt as to which Rules of Engagement apply during the conduct of a peacekeeping mission. Rules of Engagement must be given formal approval by Headquarters.

4. Improve the early warning capacity of the United Nations, in particular its capacity to analyse and react to information. Steps have been taken to improve the awareness of the need for early warning and early action within different parts of the Secretariat. Nonetheless, the Inquiry feels it essential both to continue to improve the capacity of the organization to analyse and respond to information about possible conflicts, and its operational capability for preventive action. Further enhancement of the cooperation between different Secretariat departments, UNSECOORD, programmes and agencies and outside actors, including regional and subregional organizations, NGOs and the academic world, is essential. As outlined under paragraph 1 above, the Inquiry believes that the prevention of genocide merits particular attention within the scope of early warning activities.

5. Improve efforts to protect civilians in conflict and potential conflict situations. Specific provisions related to the protection of civilian populations should be included in the mandates of peacekeeping operations wherever appropriate and ensure the necessary resources for such protection. In this context, the Inquiry supports intensified efforts by the Secretary-General and the Security Council to follow-up on the recommendations contained in the Secretary-General's recent report on the protection of civilians in armed conflict (S/1999/957).

A strong and independent role for the Secretary-General is an essential component in efforts by the United Nations to prevent conflict. The Secretary-General deserves the constant support of the membership of the organization in his attempts to promote an early resolution to conflict.

6. Seek further improvements in the security of United Nations and associated personnel, including local staff. The Secretary-General should actively consider expanding the possibility of evacuation to national staff of the United Nations. Members of the national staff must be kept clearly informed of the rules which apply to them. There should be no scope for misunderstanding about their status in the event of an evacuation.

7. Ensure full cooperation between officials responsible for the security of different categories of UN personnel in the field. Ensure functioning means of communication between such officials.

8. Improve the flow of information within the United Nations system. The trend towards a more coordinated approach to the prevention and resolution of conflicts means that information must be shared with all parts of the United Nations system involved in such efforts. In particular, an effective flow of information must be ensured between the Executive Office of the Secretary-General and the substantive departments of the Secretariat as well as between Headquarters and the field.

9. Further improve the flow of information to the Security Council. When the Secretary-General does not personally brief the Security Council, that task should fall on the officer most qualified from the substantive point of view to do so, which is often the case today. The Inquiry supports the continuation of the practice of briefings by representatives of substantive departments, but also encourages direct participation in the consultations of the whole by the High Commissioners for Refugees and Human Rights, Special Representatives of the Secretary-General and when relevant, UN funds and programmes. The more direct the flow of information, the better.

10. Improve the flow of information on human rights issues. Information about human rights must be a natural part of the basis for decision-making on peacekeeping operations, within the Secretariat and by the Security Council. Reports by the Secretary-General to the Security Council should include an analysis of the human rights situation in the conflict concerned. Human rights information must be a brought to bear in the internal deliberations of the Secretariat on early warning, preventive action and peacekeeping. And increased efforts need to be made to ensure that the necessary human rights competence exists as part of the staff of UN missions in the field.

12. Membership of the Security Council. The fact that Rwanda was a member of the Security Council before and during the genocide was a problem. While recognizing the complexity of this issue, the Inquiry believes that consideration should be given in the course of ongoing discussions on the reform of the Council, to strengthening the possibility of other members of the Security Council or the General Assembly suspending the participation of a representative of a member state on the Council in exceptional circumstances such as that related to Rwanda. Article 27 (3) of the Charter of the United Nations, which provides that in decisions under Chapter VI, a party to a dispute shall abstain from voting in the Security Council, should be applied consistently. The difficulties inherent in the participation in Council action by the party to a conflict should also be borne in mind when electing new non-permanent members to the Council.

13. The international community should support efforts to rebuild Rwandan society after the genocide, paying particular attention to the need for reconstruction, reconciliation and respect for human rights. Donors should bear in mind the importance of balancing and meeting the needs of survivors, returning refugees and other groups affected by the genocide.

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