Opinion: Paying Real Tribute to All Victims of War and Conflict

In this column, Christian Guillermet Fernández* and David Fernández Puyana* describe the background to negotiations on a United Nations declaration on the right to peace.

By Christian Guillermet Fernández and David Fernández Puyana
GENEVA, Apr 18 2015 (IPS)

The international community will have a great opportunity to jointly advance on the world peace agenda when a United Nations working group established to negotiate a draft U.N. resolution on the right to peace meets from Apr. 20 to 24 in Geneva.

In July 2012, the Human Rights Council (HRC) of the United Nations adopted resolution 20/15 on the “promotion of the right to peace” and established the open-ended working group to progressively negotiate a draft United Nations declaration on the right to peace.“Present generations should ensure that both they and future generations learn to live together in peace and brotherhood with the highest aspiration of sparing future generations the scourge of war and ensuring the maintenance and perpetuation of humankind”

High on the agenda of the working group has been giving a voice to victims of war and conflict.

Chaired by Ambassador Christian Guillermet, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva, the working group has been conducting informal consultations with governments, regional groups and relevant stakeholders to prepare a revised text on the right to peace.

This text has been prepared on the basis of the following principles:

  • the principles of the Charter of the United Nations, such as the peaceful settlement of disputes, international cooperation and the self-determination of peoples.
  • elimination of the threat of war.
  • the three pillars of the United Nations – peace and security, human rights and development.
  • eradication of poverty and promotion of sustained economic growth, sustainable development and global prosperity for all.
  • the wide diffusion and promotion of education on peace.
  • strengthening of the Declaration and Programme of Action on a Culture of Peace.
Christian Guillermet Fernández, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace.

Christian Guillermet Fernández, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace.

The draft Declaration on the right to peace solemnly invites all stakeholders to guide themselves in their activities by recognising the supreme importance of practising tolerance, dialogue, cooperation and solidarity among all human beings, peoples and nations of the world as a means to promote peace through the realisation of all human rights and fundamental freedoms, in particular the right to life and dignity.

To that end, it recognises that present generations should ensure that both they and future generations learn to live together in peace and brotherhood with the highest aspiration of sparing future generations the scourge of war and ensuring the maintenance and perpetuation of humankind.

The main actors on which the responsibility rests to make reality this highest and noble aspiration of humankind are human beings, states, United Nations specialised agencies, international organisations and civil society. They are the main competent actors to promote peace, dialogue and brotherhood in the world.

It follows that everyone should be entitled to enjoy peace and security, human rights and development. In this case, entitlement is used to refer to the guarantee of access of every human being to the benefits derived from the three U.N. pillars – peace and security, human rights and development.

This draft Declaration could not have been achieved without the extensive cooperation and valuable advice received in recent years from academia and civil society. In fact, this process has involved consultations with prestigious professors of international law from over ten universities and research centres.

In particular, the Chairperson-Rapporteur has written papers – some of which will be published in the near future – in cooperation with other experts in prestigious journals of international relations and law on the different aspects on peace. He has also contributed to the Research Guide on Peace recently prepared by the Library of the United Nations in Geneva.

Since the beginning of the negotiation process, the working group has based its approach on the TICO approach – transparency (T), inclusiveness (I), consensual decision-making (C) and objectivity (O) – and a little realism.

Consensus is a process of non-violent conflict resolution in which everyone works together to make the best possible decision for the group. Consensus is the tendency not only in international relations, but the United Nations.

For important issues affecting the life of millions of people, the United Nations, including its multiple entities and bodies, works on the basis of multilateralism with the purpose of reaching important consensual decisions.

The working group on the right to peace will meet as the United Nations is commemorating its 70th anniversary and the most important message that should be given is the adoption by consensus of a declaration which, among others, pays real tribute to all victims of war and conflict. (END/IPS COLUMNIST SERVICE)

Edited by Phil Harris    

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service. 

* Christian Guillermet Fernández is Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace.
* David Fernández Puyana is Legal Assistant of the Chairperson/Rapporteur, Permanent Mission of Costa Rica in Geneva.

Tribunal Ruling Could Dent “Monster Boat” Trawling in West African Waters

Bakau fish market, The Gambia. The plight of Gambian and other West African artisan fishers could soon see a change for the better following an historic ruling by the International Tribunal for the Law of the Sea. Photo credit: Ralfszn - Own work. Licensed under GFDL via Wikimedia Commons

Bakau fish market, The Gambia. The plight of Gambian and other West African artisan fishers could soon see a change for the better following an historic ruling by the International Tribunal for the Law of the Sea. Photo credit: Ralfszn – Own work. Licensed under GFDL via Wikimedia Commons

By Saikou Jammeh
BANJUL, The Gambia, Apr 18 2015 (IPS)

It was five in the afternoon and Buba Badjie, a boat captain, had just brought his catch to the shore. He had spent twelve hours at sea off Bakau, a major fish landing site in The Gambia.

Inside the trays strewn on the floor bed of his wooden boat were bonga and catfish. Scores of women crowded around, looking to buy his catch.

“This is just enough to cover my expenses,” he tells IPS, indicating the squirming silvery creatures. “I went up to 20-something kilometres and all we could get was bonga.

“I spent more than 2,500 dalasis (60 dollars) on this one trip,” he confessed.

Badjie, 38, is not a native Gambian. Originally from neighbouring Senegal, he came here as a teenager looking for work. But the sea he has been fishing for almost two decades is no longer the same, he says somberly.

“This trade is about win and loss,” he added. “But nowadays, we have more losses. Recently, I went up to 50-something kilometres to another fishing ground but still no catch.

“The problem is the variations in the weather pattern. Also, we encounter huge commercial trawlers in the waters. Sometimes, they threaten to kill us when we confront them. When we spread our nets, they ruin them.”

But Badjie’s plight and that of thousands of other artisan fishers could soon see a change for the better.“The problem of oversized fleets using destructive fishing methods is a global one and the results are alarming and indisputable” – Greenpeace

In an historic ruling by the International Tribunal for the Law of the Sea – the first of its kind by the full tribunal – the body affirmed that “flag States” have a duty of due diligence to ensure that fishing vessels flying their flag comply with relevant laws and regulations concerning marine resources to enable the conservation and management of these resources.

Flag States, ruled the tribunal, must take necessary measures to ensure that these vessels are not engaged in illegal, unreported or unregulated (IUU) fishing activities in the waters of member countries of West Africa’s Sub-Regional Fisheries Commission (SFRC). Further, they can be held liable for breach of this duty. The ruling specifies that the European Union has the same duty as a state.

West African waters are believed to have the highest levels of IUU fishing in the world, representing up to 37 percent of the region’s catch.

“This is a very welcome ruling that could be a real game changer,” World Wildlife Fund International Marine Programme Director John Tanzer was reported as saying. “No longer will we have to try to combat illegal fishing and the ransacking of coastal fisheries globally on a boat by boat basis.”

The SRFC covers the West African countries of Cape Verde, The Gambia, Guinea-Bissau, Mauritania, Senegal and Sierra Leone.

The need for an advisory opinion by the Tribunal emerged in 1993 when the SRFC reported an “over-exploitation of fisheries resources; and illegal, unreported and unregulated fishing of an ever more alarming magnitude.” Such illegal catches were nearly equal to allowable ones, it said.

Further, “the lost income to national economies caused by IUU fishing in Wet Africa is on the order of 500 million dollars per year.”

The apparent theft of West Africa’s fish stocks has been denounced by various environmental groups including Greenpeace, which described “monster boats” trawling in African waters on a webpage titled ‘Fish Fairly’.

“For decades,” Greenpeace wrote, “the European Union and its member states have allowed their industrial fishing fleet to swell to an unsustainable size… In 2008, the European Commission estimated that parts of the E.U. fishing fleet were able to harvest fish much faster than stocks were able to regenerate.’’

“The problem of oversized fleets using destructive fishing methods is a global one and the results are alarming and indisputable.”

Unofficial sources told IPS that there are forty-seven industrial-sized fishing vessels currently in The Gambia’s waters, thirty-five of which are from foreign fleets.

Meanwhile, artisanal fishers, on whom the population depends for supply, say they are finding it hard to feed the market. Prices have risen phenomenally and shortages in the market are no longer a rarity.

“Our waters are overfished,” said Ousman Bojang, 80, a veteran Gambian fisher.

Bojang learnt the fishing trade from his father when he was young, but later switched gears to become a police officer.

After 20 years, he retired and returned to fishing. Building his first fishing boat in 1978, he became the president of the first-ever association of fishers in the country.

“Fishing improved my livelihood,” he told IPS. “While I was in the service, I could not build a hut for myself. Now, I have built a compound. I’ve sent my children to school and all of them have graduated.

“I transferred my skills to them and they’ve joined me at sea. I have 25 children; 10 boys and 15 girls. All the boys are into fishing. Even the girls, some know how to do hook and line and to repair net.”

Other hopeful trends for the artisanal fishers include the recognition by the Africa Progress Panel, headed by former U.N. Secretary General Kofi Annan, that illegal fishing is a priority that the continent must address.

Another is the endorsement by the Food and Agricultural Organisation (FAO) of the United Nations of guidelines which seek to improve conditions for small-scale fishers.

Nicole Franz, fishery planning analyst at FAO’s Fisheries and Aquaculture department in Rome, told IPS that the small-scale fisheries guidelines provide a framework change in small-scale fisheries. “It is an instrument that looks not only into traditional fisheries rights, such as fisheries management and user rights, but it also takes more integrated approach,” she said.

“It also looks into social conditions, decent employment conditions, climate change, disaster risks issues and a whole range of issues which go beyond what traditional fisheries institutions work with. Only if we have a human rights approach to small-scale fisheries, can we allow the sector to develop sustainably.”

Edited by Lisa Vives/Phil Harris    

Latin America Slow to Pledge Emissions Cuts

Climate change is causing violent storms, prolonged droughts and temperature extremes. In August 2014, at the height of summer, a hailstorm turned the yard white in this house in the south of Mexico City. Credit: Emilio Godoy/IPS

Climate change is causing violent storms, prolonged droughts and temperature extremes. In August 2014, at the height of summer, a hailstorm turned the yard white in this house in the south of Mexico City. Credit: Emilio Godoy/IPS

By Emilio Godoy
MEXICO CITY, Apr 18 2015 (IPS)

Latin America is making heavy weather of setting targets for greenhouse gas emissions reduction, which all countries must present ahead of the United Nations Framework Convention on Climate Change (UNFCCC) conference later this year.

Shortfalls in the national mechanisms for funding these voluntary action plans for adapting to climate change and mitigating or reducing polluting emissions are largely responsible for holding up the process.

By Mar. 31, the first deadline for registering Intended Nationally Determined Contributions (INDC), only Mexico had done this. In the rest of the world, Switzerland, the European Union as a bloc, Norway, the United States, Gabon and Russia, in that order, had also filed their plans.

“The time taken by international negotiations and the debate over who is responsible for climate change should not be an excuse” for Latin American countries “not to make progress with risk prevention” in regard to climate change, said María Marta di Paola, a researcher with the Fundación Ambiente y Recursos Naturales (FARN), an Argentine NGO.

Di Paola criticised the “marginal role” assigned to climate change by public policies in Argentina, which are merely “reactive in nature,” kicking in only when flooding or droughts occur as a result of the phenomenon, she told Tierramérica.

Brazil , the region’s foremost producer of greenhouse gases responsible for global warming, emits nearly 1.5 billion tonnes a year of carbon dioxide into the atmosphere. Mexico follows, with 608 million tonnes a year, and then Venezuela with 401 million tonnes.

Argentina emits 180 million tonnes of carbon dioxide a year, Colombia 75 million tonnes and Chile 72 million tonnes.

The main sources of carbon dioxide and other greenhouse gas emissions in the region are deforestation due to change of land use, farming, energy generation and fuel use.

The region’s position at international forums is that responsibility for climate change is common but differentiated, and Latin America is particularly vulnerable to this phenomenon, experiencing intense storms, devastating drought, wide temperature oscillations, a rise in sea levels and the melting of Andean glaciers, with high human, social and economic costs.

In Mexico’s INDC the country committed itself to a 25 percent reduction in total emissions by 2030, compared to its 2013 emissions as the baseline. It proposes to do this by achieving a 22 percent reduction in greenhouse gases and a 51 percent reduction in black carbon (inorganic carbon in soot) produced from diesel-fuelled transport vehicles and fuel oil fired electricity generation.

The climate action plan includes having carbon dioxide emissions peak in 2026. According to the document, it would be possible to cut emissions by 40 percent by 2030 if additional finance and technology transfer were made available as part of a global agreement.

The main sectors involved are energy, industrial processes and final fuel consumption, agriculture, waste products, land use change and forests, but no details are given and there is no road map for the fulfilment of the targets.
“The key to their achievement lies in concrete mechanisms: where the funding will come from, inter-governmental coordination, and overcoming the lack of local technical capabilities,” said Javier Garduño of the Mexican office of the Institute for Transportation and Development Policy, an NGO.

For instance, he told Tierramérica, “in transport, there is no legal framework to align mobility with sustainability.”

At the 19th Conference of the Parties (COP 19) to the UNFCCC, held in Warsaw in 2013, it was decided that each state party would have until October 2015 to submit their INDC, which will be analysed at COP 21, due to be held in Paris in December.

Ahead of the climate conference, the UNFCCC will write a report on the voluntary commitments undertaken, calculate whether they will be sufficient to reduce emissions to the levels proposed by climate experts, and suggest how to incorporate them into a new binding global treaty on climate change, to be approved in Paris for entry into force in 2020.

Research from the NewClimate Institute for Climate Policy and Global Sustainability, based in Germany, for the UNFCCC and the United Nations Development Programme (UNDP) found that of the 13 Latin American and Caribbean countries accounted for in the results, 33 percent have initiated a national discussion, the first stage of preparing their INDC.

Another 25 percent of countries have proceeded to the technical design of their plans and 17 percent are conducting political debate, while nearly 17 percent have not yet begun to prepare the measures and eight percent have completed internal debates.

Latin American countries identified, among the challenges they face in the preparation of their INDC, limited expertise for the assessment of technical options, lack of certainty on what to include, and the short timeframe available for the process.

They also reported lack of coordination and of understanding (e.g. between ministries); lack of agreement on priority mitigation options; difficulty with engaging relevant stakeholders; lack of internal agreement on desired ambition level; and conflict with other political priorities.

Except for Chile and Mexico, countries repeatedly complained of lack of consultation and of inclusion of civil society in the plans.

“Colombia’s actions should be transparent, inclusive and participatory,” Milena Bernal, a researcher with the Colombian NGO Asociación Ambiente y Sociedad (Environment and Society Association), told Tierramérica.

This is particularly necessary, in her view, “when determining specific contributions from the forestry sector, land use, energy generation, and management of financial resources that may be received by the country.”

Most Latin American countries have legislation on climate change, or related to it. Mexico passed laws in 2012 stipulating emissions reduction of 30 percent by 2020 and 50 percent by 2050, as well as creating the Special Programme on Climate Change.

Argentina is preparing its Third Communication on Climate Change, an inventory of emissions to present to UNFCCC, and since 2011 the National Strategy on Climate Change.

Chile has had a national plan for adaptation to climate change since December, with specific policies for the forestry, agriculture and livestock sector; biodiversity; fisheries and aquaculture; health; infrastructure; cities; tourism; energy; and water resources.

Colombia is drawing up its National Climate Change Policy, which is likely to include its INDC, according to experts.

“In Argentina there are laws linked to the subject, such as the laws on native forests, glaciers and renewable energy, but they are poorly enforced and the budgets for the different programmes are declining,” di Paola said.

In Bernal’s view, mechanisms need to be defined for the achievement of the INDC commitments made this year.

“It is to be hoped that ambitious contributions will be put forward, in the sense of defining not only the percentages of emissions reductions, but also the actions to be taken with the resources available, and additional actions that could be taken if there is a greater flow of finance from international funding sources,” she said.

This story was originally published by Latin American newspapers that are part of the Tierramérica network.

Edited by Estrella Gutiérrez/Translated by Valerie Dee

Instead of Scaling up Funding for Education, Major Donors Are Cutting Back

A child stands outside a classroom at a rural school in Nicaragua. Credit: Oscar Navarrete /IPS

A child stands outside a classroom at a rural school in Nicaragua. Credit: Oscar Navarrete /IPS

By Valentina Ieri
UNITED NATIONS, Apr 18 2015 (IPS)

Despite commitments by the international community to achieve universal primary education by 2015, funds for education have been decreasing over the past ten years, according to a report released Friday by the global advocacy campaign ‘A World at School’.

Figures from a Donor Scorecard show that nine of the top 10 donor governments, including the United States, the United Kingdom, Germany and France, have been reducing their aid since 2010. Norway is the only major donor that showed a five-percent increase in education funding over the past four years.

The scorecard will be presented on the first day of the World Bank and International Monetary Fund (IMF)’s spring meetings, scheduled to run from Apr. 17-19 in Washington DC, to highlight the need for international financial institutions (IFIs) to target their funds towards nations with the most number of out-of-school children, and specifically towards hard to reach populations.

According to the report, “In 2011, the bank provided 20 percent — the smallest share — of its total aid to basic education to low-income countries. More than 70 percent of funding went to countries with less than 20 percent of the out-of-school population.

Sarah Brown, co-founder of A World at School, remarked that it is “unacceptable” that aid for basic education has fallen every year since 2010, which means that “just when leaders should have been stepping up to achieve the 2015 target, they were pulling back.”

According to the Donor Scorecard, while investments in health have risen by 58 percent, those in education have fallen by 19 percent.

The report comes in the wake of worldwide “attacks” on education in 2014 and 2015, with war, conflict and terrorism destroying schools and interrupting the education of thousands of school going kids in places like Kenya, Pakistan, Syria, the Central African Republic and Gaza. The kidnapping of students in Nigeria and South Sudan are also major causes for concern.

According to a report released recently by the United Nations Educational, Scientific and Cultural Organisation (UNESCO), about 58 million children are out of schools, and 100 million children do not complete primary education.

The UNESCO document also says education is still under-financed, affecting the poorest children, as many governments are not prioritising education as part of their national budgets.

There is an annual financing gap of 22 billion dollars over the 2015-2030 period for achieving quality pre-primary, primary and lower secondary education in lower- and middle-income countries, the report stated.

Campaigners with A world at School are calling for concrete aid strategies for basic education, which include the creation of a humanitarian fund for financing education in emergencies, and increasing aid initiatives for children in war-torn countries.

As Brown explained, “It is crucial that we reverse the decline in funding for education. The alternative is leaving 58 million children behind, particularly those hit hardest by conflict and emergencies, such as Syrian refugees and children out of school in countries affected by Ebola.”

Edited by Kanya D’Almeida