Security Council
4312th Meeting (AM & PM)
COUNCIL HEARS CALLS TO END IMPUNITY FOR PERPETRATORS OF GENOCIDE AND GROSS
RIGHTS VIOLATIONS, AS IT DISCUSSES PROTECTION OF CIVILIANS IN CONFLICT
The frequent denial of United Nations human rights mechanisms of access to conflict situations often resulted in the civilian victims being deprived of their right to be heard, Mary Robinson, United Nations High Commissioner for Human Rights, told the Security Council this morning.
Briefing a public Council meeting on protection of civilians in armed conflict, she said gaining access to vulnerable populations was a key challenge. Access was often thought of in terms of the delivery of humanitarian needs, but to many victims, meaningful access also meant breaking the cycle of secrecy and suffering and bringing their plight to light.
She said there was a rich jurisprudence and practice in the human rights area that should be an essential point of departure for the Council in judging the acceptability or unacceptability of behaviour by combatants, States and non-State actors during internal or international conflicts. Ending impunity for genocide, war crimes and crimes against humanity, whether committed by State or non-State agents, was an important objective for the international community, she added.
Mrs. Robinson said the Security Council had demonstrated in the former Yugoslavia and Rwanda that it would not tolerate impunity for acts that offended the conscience of mankind. Those who contemplated committing gross human rights violations should be left in no doubt that they would be held accountable for their actions. Her Office had deployed a great deal of effort to help combat impunity in Sierra Leone and East Timor, she added.
Establishing the facts could be crucial in protecting civilians, she said, recalling that human rights fact-finding missions had taken place in relation to Afghanistan, Kosovo, East Timor and Sierra Leone. The reports of such missions should be available to the Council. Field offices in ongoing or recent conflict situations, including Burundi, Colombia and Cambodia, were blazing a new path in the protection of civilians in armed conflict and in the defence of human rights and humanitarian law generally.
Regarding hate speech and other areas of focus in the Secretary-General’s report latest report, she said that while the media could play an important role in promoting diversity and respect for others, it was unfortunate that the same technology was sometimes used to stir up hatred and violence. There was also great merit in the Secretary-General's proposals for a focal point for civilians in peacekeeping missions and for increased emphasis on protection in their mandates.
The High Commissioner endorsed the need, highlighted in the report, for adequate regional responses to conflict situations and the key role of the United Nations in promoting responsible behaviour by business in crisis areas. Her Office was committed to supporting corporations in ensuring the avoidance of unintended consequences of their operations that may result in human rights abuses.
Introducing the Secretary-General's report, Deputy Secretary-General Louise Fréchette stressed the need for a new and concerted response from governments, the Security Council and others, if the international community was to find truly effective solutions to the suffering inflicted by conflicts from Afghanistan to Angola, the Caucasus to the Great Lakes and elsewhere.
The protection of civilians must become a regular and central aspect of United Nations peace operations and should be reflected in their mandates and design, she said. Three current trends had shown some encouraging recent developments: the criminal prosecution of violations of human rights; access to vulnerable populations; and the separation of civilians and armed elements in refugee camps or other settlements for displaced persons.
Council President Jeremy Greenstock (United Kingdom) suggested, in his opening remarks, key points for discussion, including the Secretary-General's most operational recommendations, practical conclusions arising from those recommendations, and provisions for inclusion in peacekeeping mandates in order to improve civilian protection.
Several speakers accused the Council of failing to take action to protect Palestinian civilians in the current Middle East conflict. They said their plight was the same as that of all other civilians caught in armed conflict. Despite its failure to act, demands would continue for the Council to shoulder its responsibilities towards the Palestinians, the Council was told. However, the representative of Israel rejected that position and accused some Arab countries of encouraging terrorist actions against his country and promoting anti-Semitic hate speech and propaganda.
Council members who spoke today were the representatives of Bangladesh, Ukraine, Tunisia, Singapore, Jamaica, France, China, United States, Russian Federation, Ireland, Colombia, Mali, Norway, Mauritius and United Kingdom.
The Council also heard from the representatives of Canada, Sweden (on behalf of the European Union), Japan, Argentina, Republic of Korea, Yemen, Jordan, South Africa, Egypt, United Arab Emirates, India, Malaysia, Pakistan, New Zealand, Bahrain, Australia, Syria, Sierra Leone, Iraq, Mexico, Indonesia, Israel and Nepal.
Also speaking today were the observers for Switzerland, Palestine and the Organization of the Islamic Conference.
Kenzo Oshima, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, made several statements.
The representatives of Syria and Israel spoke in exercise of the right of reply.
Today’s meeting began at 10:25 a.m. and was suspended at 1:30 p.m. Resuming at 3 p.m., it adjourned at 7:25 p.m.
Background The Security Council met this morning to hear a briefing from Deputy Secretary-General Louise Fréchette on protection of civilians in armed conflict. It was also expected to hear from the United Nations High Commissioner for Human Rights, Mary Robinson.
The Council had before it a report from the Secretary-General on the protection of civilians (document S/2001/331).
In that report, the Secretary-General notes that since his last report (document S/1999/957 of 8 September 1999), the realities of distressed populations have not changed. Recruitment and use of child soldiers, the proliferation of small arms, the indiscriminate use of landmines, large-scale forced displacement and ethnic cleansing, the targeting of women and children, the denial of basic human rights, and widespread impunity for atrocities are still all too familiar features of war, as is the growing number of threats to the lives of staff members of international organizations and other aid groups. As internal armed conflicts proliferate, civilians have become the principal victims.
The report states that protection is a complex and multi-layered process, involving a diversity of entities and approaches. The primary responsibility for the protection of civilians rests with governments. International instruments require not only governments, but also armed groups to behave responsibly in conflict situations. Where governments do not have resources to do this unaided, it is incumbent on them to invoke the support of the international system. It should be stressed that protection cannot be a substitute for political processes. Protection of civilians is most effectively achieved by preventing violent conflict.
Among measures to enhance protection, the report mentions: prosecution of violations of international criminal law; ensuring humanitarian access to vulnerable populations; separation of civilians and armed elements; countering hate media; and use of media and information in support of humanitarian operations. Among entities providing protection, the report mentions governments, armed groups, civil society including non-governmental organizations and the private sector, and regional organizations.
The Secretary-General notes in his report that the instruments now available for the protection of civilians in armed conflict are in urgent need of updating. The forms of conflict most prevalent in the world today are internal, and involve a proliferation of armed groups. Changed circumstances reflect the erosion of the central role of the State in world affairs. While civilians have been the principal victims of these changes, the new order is not entirely hostile to the protection of civilians. There are opportunities to be seized, such as the global reach of the media, the growing influence of civil society, the interdependence of the global economy, and the reach of international commerce.
Noting that reports and recommendations are no substitute for effective action, the Secretary-General urges the members of the Council to review progress in implementing the recommendations in this and the previous report. When governments and armed groups involved in conflict situations do not honour their responsibilities, it is up to the Security Council to take action.
The present report adds 14 recommendations to the 40 recommendations the Secretary-General made in his first report. He notes with regret that, of the first set of 40 recommendations, only a few are being implemented. Further reports, he states, can have meaning only when there is clear evidence that adoption of their recommendations mean real progress towards their goal.
Annexed to the report are the Secretary-General’s 14 recommendations and generic policy directions. The 14 recommendations are:
1. From the outset, the Security Council and the General Assembly should provide reliable, sufficient and sustained funding for international efforts to bring to justice perpetrators of grave violations of international humanitarian and human rights law.
2. The Security Council should consider the establishment of arrangements addressing impunity and, as appropriate, for truth and reconciliation, during the crafting of peacekeeping mandates.
3. Member States should be encouraged to introduce or strengthen domestic legislation and arrangements providing for the investigation, prosecution and trial of those responsible for systematic and widespread violations of international criminal law.
4. The Council should actively engage the parties to each conflict in a dialogue aimed at sustaining safe access for humanitarian operations, and demonstrate its willingness to act where such access is denied.
5. The Security Council should conduct more frequent fact-finding missions to conflict areas with a view to identifying the specific requirements for humanitarian assistance, in particular, obtaining safe and meaningful access to vulnerable populations.
6. The Council should further develop the concept of regional approaches to regional and subregional crises, in particular, when formulating mandates.
7. The Secretary-General encourages the Council to support the development of clear criteria and procedures for the identification and separation of armed elements in situations of massive population displacement.
8. The Council should make provision for the regular integration in mission mandates of media monitoring mechanisms that would ensure the effective monitoring, reporting and documenting of the incidence and origins of “hate media”.
9. In its resolutions the Council should emphasize the direct responsibility of armed groups under international humanitarian law. Given the nature of contemporary armed conflict, protecting civilians requires the engagement of armed groups in a dialogue aimed at facilitating the provision of humanitarian assistance and protection.
10. Many armed groups have neither developed a military doctrine nor otherwise incorporated the recognized principles of international humanitarian law in their mode of operation. The Secretary-General, therefore, urges Member States and donors to support efforts to disseminate information on international humanitarian and human rights law to armed groups.
11. The Security Council should develop a regular exchange with the General Assembly and other organs of the United Nations on issues pertaining to the protection of civilians in armed conflict.
12. The Council is encouraged to continue investigating the links between illicit trade in natural resources and the conduct of war and to urge Member States and regional organizations to take appropriate measures against corporate actors, individuals and entities involved in illicit trafficking in natural resources and small arms that may further fuel conflicts.
13. The Secretary-General urges Member States to adopt and enforce executive and legislative measures to prevent private sector actors within their jurisdiction from engaging in commercial activities with parties to armed conflict that might result in or contribute to systematic violations of international humanitarian and human rights law.
14. The Council should establish more regular cooperation with regional organizations to ensure informed decision-making and the use of their comparative advantages. Such cooperation should include the establishment of a regular regional reporting mechanism for the Council.
A further annex to the report lists nine recommendations from the Secretary-General’s first report on the issue which he deemed to be of particular importance, and some of the initiatives and processes undertaken to implement the recommendations.
Statements
Sir JEREMY GREENSTOCK (United Kingdom), Council President, said that key points for today’s debate could include consideration of what were the most operational recommendations in the Secretary-General’s report and how best to implement Security Council resolution 1296 (2000). What practical conclusions could usefully be teased out from the Secretary-General’s recommendations?
He also suggested that members consider what provisions should be included in peacekeeping mandates to improve the protection of civilians and what new capabilities were required in the United Nations system to ensure their implementation. What pressure could be brought to bear on the parties to conflict, including non-State actors, to live up to their moral and legal responsibilities to afford protection to civilians?
LOUISE FRÉCHETTE, Deputy Secretary-General, introduced the Secretary-General’s report, noting that civilians accounted for an estimated 75 per cent of war victims. The ongoing suffering inflicted by conflicts from Afghanistan to Angola, the Caucasus to the Great Lakes and elsewhere, were daily reminders of the need for a new and concerted response from governments, the Security Council and all others, if the international community was to find truly effective solutions.
Wars today were often fought not between sovereign countries or regular armies, but between different religious, ethnic and political groups and irregular armed groups, she said. In such conditions, civil defence forces, vigilante groups and militias often preyed on civilians for their own private and destabilizing purposes, and, in some cases, specifically targeted them. Given such circumstances, the protection of civilians must become a regular and central aspect of United Nations peace operations and should be reflected in the mandates and design of such operations.
She recalled that the first report of the Secretary-General’s the protection of civilians in armed conflict, issued in September 1999, contained 40 recommendations. The present report complemented the first report’s findings and took a close look at current trends in a few areas of concern to the international community, or which had shown some encouraging recent developments. Three of those were the criminal prosecution of violations of human rights, the question of access to vulnerable populations, and the separation of civilians and armed elements in refugee camps or other settlements where displaced persons gathered.
MARY ROBINSON, the United Nations High Commissioner for Human Rights, said there was a rich jurisprudence and practice in human rights that should be an essential point of departure for the Council in judging the acceptability or unacceptability of behaviour by combatants, States and non-State actors during internal or international conflicts.
She said that ending impunity for genocide, war crimes and crimes against humanity, whether committed by State or non-State agents, was an important objective for the international community. The Security Council had demonstrated, particularly with regard to the conflicts in the former Yugoslavia and Rwanda, that it would not tolerate impunity for acts that offended the conscience of mankind. Those who contemplated committing gross human rights violations should be left in no doubt that they would be held accountable for their actions.
The Office of the High Commissioner had deployed a great deal of effort to help combat impunity in Sierra Leone and East Timor, she said. Its experience in the human rights area, including in advising on the establishment of international courts and on truth and reconciliation commissions, represented an important pool of practice for the Council.
Noting the importance of establishing the facts could be crucial in protecting civilians, she recalled that human rights fact-finding missions had taken place in relation to Afghanistan, Kosovo, East Timor and Sierra Leone. The reports of such missions should be available to the Council. A recent assessment by her Office -- in cooperation with the United Nations Children's Fund (UNICEF) and the Office of the Special Representative of the Secretary-General for Children and Armed Conflict -– had investigated the abduction of children in northern Uganda.
She said that the preliminary report, submitted to the Commission on Human Rights last Thursday, stated that the Lord’s Resistance Army (LRA) in that area had abducted about 26,365 civilians under the age of 18 years, one third of whom were female. She had informed the Commission of the system of terror perpetrated by the LRA and offered a number of recommendations. The mission’s report would be published as a document of the Commission.
One key challenge during conflict was gaining access to vulnerable populations, she noted. That access was often thought of in terms of the delivery of humanitarian needs. But to many victims, meaningful access also meant breaking the cycle of secrecy and suffering and bringing their plight to light. United Nations human rights mechanisms provided the means for doing just that -– yet human rights monitors were often denied access to conflict situations. Thus, the victims were often denied the right to be heard.
Field offices in a number of ongoing or recent conflict situations, including Burundi, Colombia and Cambodia, were blazing a new path in the protection of civilians in armed conflict and in the defence of human rights and humanitarian law generally, she said. Special attention had been given to the gender perspective, to protecting women against trafficking and to the HIV/AIDS/AIDS problem in such situations.
Regarding hate speech and other areas of focus in the Secretary-General’s report, she said that while the media could play an important role in promoting diversity and respect for others, it was unfortunate that the same technology was sometimes used to stir up hatred and violence. The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, from 31 August to 7 September, would provide an invaluable opportunity to set up a strategy to combat the ugliness of racism in all its forms.
She welcomed the report’s emphasis on the role of human rights defenders as a first point of contact for civilians in armed conflict. There was also great merit in its proposals for a focal point for civilians in peacekeeping missions and for increased emphasis on protection in their mandates. She also endorsed the need for adequate regional responses to conflict situations and the key role of the United Nations in promoting responsible behaviour by business in crisis areas. Her Office was committed to supporting corporations in their efforts to ensure avoidance of unintended consequences of their operations that may result in human rights abuses.
ANWARUL KARIM CHOWDHURY (Bangladesh) said that prevention was at the heart of protection. The preventative capacity of the Organization had to be enhanced. A culture of peace should be promoted at all levels of the United Nations. The protection of civilians was a complex task that required coordination with other actors. However, the United Nations was the only international organization with the reach and authority to end conflicts. It was import to examine the modalities the Council had at its disposal. In that regard, consultations between the President of the General Assembly and the President of the Security Council could be more effectively used.
The mandate to protect civilians should be explicit and matched with sufficient resources, he said. The assessment of civilian needs in mission areas was an essential first step that would go a long way in understanding protection needs. Member States should be urged to support the International Tribunal for the Federal Republic of Yugoslavia, as well as the Rwanda Tribunal. National judiciaries must be strengthened. There also should be a permanent mechanism to review the humanitarian impact of sanctions. Timely and sustained access to populations in need was of utmost importance and a coordinated approach needed to be taken in that regard.
The Council, he said, should encourage mediation through the appointment of high-level personalities. It should also work to build an international coalition with a view to breaking the cycle of violence in all conflict areas. Finally, there should be closer cooperation between the Departments of Public Information and Peacekeeping Operations, in order to broaden the information base with a view to protecting civilians in armed conflict, especially women and children.
VALERI P. KUCHYNSKI (Ukraine) said that the mandate of the Council did not allow it to embrace all aspects of the activities needed to protect distressed populations in times of wars. A regular exchange of views with other organs of the United Nations system would be crucial for the future success of international efforts in this field. This process could start later this week by discussing the relevant issues with the Economic and Social Council (ECOSOC) bureau. There was ample room for ECOSOC to participate in fact-finding missions to conflict areas.
Ukraine, he said, strongly supported the Secretary-General in his appeal to the Council to shift the focus towards practical measures aimed at the protection of civilians. The Council had done some important work over the past 12 months to enhance such protection, including in the area of peacekeeping operations and sanctions. However, an effective approach by the Council to the issue of protecting civilians would be safeguarded only when those decisions were routinely applied in the process of consideration of specific conflict situations, whether in Africa, the Balkans, or the Middle East.
It was a matter of act, he said, that refugees and internally displaced persons often become a source of instability and renewed strife, thus, spreading the virus of conflict to new territories. They also become easy targets of various opposition and rebel groups seeking to recruit new members into their forces. It was important that the Security Council develop clear criteria and procedures for the separation and identification of armed elements, and consider sending military monitors or units to major refugee camps in order to assess the situation on the ground.
NOUREDDINE MEJDOUB (Tunisia), noting the Secretary-General’s observation that the fate of civilians at risk had not improved at all, stressed the importance of ensuring humanitarian access to civilians in armed conflicts, and that humanitarian assistance to meet their most immediate basic needs had the greatest possible impact. The international community must continue its efforts to ensure a greater role for aid agencies and to help develop strategies for a coordinated approach for their policies and activities.
He said that all actors involved in civilian protection -- including regional organizations, civil society groups and corporate entities -- could play complementary roles while the United Nations coordinated all their efforts. The Security Council must move into a higher gear on the protection of civilians in armed conflict.
Turning to the plight of Palestinian civilians, he said the situation clearly required that the international community undertake urgent and effective action to protect them. The Security Council could not employ a double standard, rushing to protect civilians in conflict zones in some parts of the world, while ignoring the plight of civilians in other parts. Council actions must be balanced and fair, he stressed.
KISHORE MAHBUBANI (Singapore), citing the Secretary-General’s expression of regret that only a few of the 40 recommendations in his previous reports were being implemented, said the Security Council would be judged not by its words, but its deeds. It had done reasonably well in some areas –- Kosovo and East Timor -- and badly in others like Rwanda, Srbrenica and the Middle East. In Sierra Leone and a few other places, the Council’s record was mixed. There was very real cynicism about the value of open debates on the protection of civilians in armed conflict when there was no follow-up action.
Having just returned from West Africa, he had become acutely aware of the practical difficulties of protecting civilians in conflict situations, he said. While supporting the efforts of the Secretariat and other bodies to disseminate information about armed groups, Singapore suspected that it would be difficult to make some of them understand the language of logic and reason. Sierra Leone's Revolutionary United Front (RUF) was reportedly led by illiterate, badly educated, barely sober young men. It was necessary to understand the way in which they viewed the world and to develop ways of dealing with such groups.
Regarding intervention, he said the international community had demonstrated a willingness to intervene forcefully in conflict zones such as Kosovo and East Timor. The latter had been approved by the Security Council, while the former had not. There was a need to develop standard criteria for intervention.
M. PATRICIA DURRANT (Jamaica) said that the Council had the obligation to acknowledge and formulate practical measures to address commitments, which were yet to be put into practice. While some progress had been made, the dangers to civilians in situations of conflict had not changed. The Council must determine how it could revive commitments contained in past resolutions, continue to encourage Member States to assume the primary responsibility for the protection of civilians, and assess ways to improve cooperation between the Council and other United Nations bodies. As a first step, it was important to follow-up on commitments for the protection of civilians on a more regular and structured basis. More frequent and systematic consideration of the issue in informal consultations, and the development of a checklist for consideration when drafting resolutions and elaborating mandates, would be critical. The question of ensuring respect for the rights of civilians among armed groups and non-State actors was central. They must understand that there could be no impunity. The difficulty of enforcing accountability on non-State actors suggested that it was an area requiring serious study.
Building strong partnerships with the private sector, non-governmental organizations (NGOs) and civil society would enhance protection, she continued. The contribution of civil society could be critical in developing operational programmes on the ground. They could also serve as important sources of information. The Council should systematically seek and take into account information from relevant NGOs. Strengthening the work of the Inter-Agency Standing Committee was also essential in identifying ways of building on the complementarity between the United Nations and NGOs. Regional organizations should be encouraged to make the protection of civilians an important part of their agendas. Future high-level consultations should be used to develop cooperative efforts for the protection of civilians. The Council must also improve its efforts to investigate, prosecute and sanction individuals and corporate enterprises involved in illegal exploitation and sale of natural resources and other resources that exacerbated armed conflicts.
The Council must build on strategies to ensure that governments and the private sector each took important steps to reduce economic incentives and limit access to the tools necessary to conduct war, she said. It must also begin to encourage a culture of corporate social responsibility within the business community. It should ensure that peacekeeping operations not only contain clear mandates for the protection of civilians, but also that those mandates include monitoring and reporting on that protection. When imposing sanctions, the Council must develop a coordinated and integrated approach to minimize unintended consequences on civilian protection. Jamaica supported the establishment of a permanent technical review mechanism.
She strongly urged greater attention to the special needs of women and the inclusion of specific provisions in peacekeeping mandates for the disarmament, demobilization and reintegration of child soldiers. The best prevention for civilians was the prevention of armed conflicts. The Council had not used prevention sufficiently, and should consider commissioning a study of lessons learnt from past preventive operations. Attention to the legal and physical protection for United Nations and other humanitarian workers should be revisited as a matter of urgency by the Council, in light of ongoing incidents of abuse and killings in several conflict areas. The protection of children was of major concern as was the problem of hate media. The Council should ensure that peacekeeping and peace enforcement operations were authorized and equipped to control or close down hate media. The incorporation of a media component into peace operations must be explored.
JEAN-DAVID LEVITTE (France) said that the Council was about to send troops to the Democratic Republic of the Congo. The mission was at a crucial moment.
The conflict was one of the most deadly for civilian victims, with more than
1.2 million casualties. How could the Council protect civilians in such a conflict? He believed that the Council could do better and more than it was doing. The goal was to restore peace with territorial integrity for the people of the Democratic Republic of the Congo. There had to be a full withdrawal of foreign forces, and the pillaging of the natural resources of that country had to stop.
The international presence in the Democratic Republic of the Congo must be strengthened, he said. It was unacceptable that the Geneva office was not in a position to be able to fund more visits by representatives of the United Nations. Non-governmental organizations and other actors should be encouraged to bare witness to what they have seen in the field. The presence of human rights specialists should be strengthened within the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), as soldiers could not take the time to investigate human rights abuses. The international community should not rule out bringing to trial the main violators of the massacres. France was inclined to follow the Cambodian model. Finally, economic projects had to be developed and linked to MONUC.
WANG YINGFAN (China) said that in some regions of the world ongoing armed conflicts were causing enormous suffering to millions of civilians, especially women and children. As far as the Security Council was concerned, the most fundamental and effective means for the protection of civilians in armed conflict was conflict prevention. The Council, in its discussions on the Brahimi Report, might also explore ways to better integrate peacekeeping efforts with the protection of civilians.
The primary responsibility for the protection of civilians in armed conflict lay with the governments concerned, he said. Regional and international organizations were also playing an increasingly important role. The positive role played by NGOs deserved commendation and encouragement. At the same time, the activities of the large number of NGOs also needed to be properly regulated and guided, so as to make the collective efforts of the international community more rational, coherent and effective.
The Security Council, he said, had failed to promptly adopt necessary measures concerning the protection of civilians in the occupied Palestinian territories. There are similar cases of failure on the African continent. In Kosovo, as well as the entire Federal Republic of Yugoslavia, the task of protecting civilians in certain areas was still very difficult. Another well known fact was that protracted sanctions had caused enormous harm to civilians.
JAMES CUNNINGHAM (United States) said that the international community shared the goal of a world in which civilians were not victims of violent attack, displacement and needless suffering. Regrettably, that was not the case. Looking at the tragic situation in the Democratic Republic of the Congo, it was clear that Congolese civilians needed protection from foreign groups. They also needed protection from indigenous Congolese militias. The Democratic Republic of the Congo needed, above all else, the restoration of legitimacy and effective national authority. It was the fondest wish of the United States that the Council could protect all those who were subject to insurgencies.
It should be a priority for the Security Council to see first hand the impact of a conflict in the civilian populations, he said. Council missions should be conducted not only for their primary political goals, but also with an eye to gaining wide access to and providing safety for vulnerable civilian groups. The more the concept of protection of civilians was mainstreamed into the work of the Secretariat and the Council, the more a culture of protection would be fostered.
The United States, he said, supported the Secretary-General’s recommendations that conflict situations be viewed through a regional scope. It also supported the Secretary-General’s recommendation that contacts with armed groups be encouraged to push them to comply with fundamental rules related to the protection of civilians during armed conflict. The international community, through appropriate agencies of the United Nations system, as well as through bilateral channels and the International Committee of the Red Cross (ICRC), could assist in building local capacities to integrate international humanitarian law into national legal frameworks.
The High Commissioner for Human Rights, responding to comments by Council members, told the representative of Bangladesh that her Office would be happy to share their experiences with non-State actors. Human rights officers wanted to get them to subscribe to texts relating to human rights and humanitarian law. In the Democratic Republic of the Congo and in Colombia, they were keen to produce a human rights text that all parties could subscribe to as a basis for moving forward.
She told Ukraine's representative that she would welcome the forthcoming Security Council meeting with the Economic and Social Council. Regarding the separation of refugees and armed elements, she recalled discussions in the Inter-agency Standing Committee on Internally Displaced Persons. There were many gaps in the protection of internally displaced persons, and it was necessary to work with governments on that issue.
Responding to the representative of Tunisia, she said her Office would be looking into the issue of curtailing hate speech in preparing for the Durban World Conference. She would support and interact with any working group or task force on that subject.
Noting the praise by Jamaica's representative for the work of Roberto Garretón in the Democratic Republic of the Congo, she said she would urge wider use of special human rights rapporteurs.
She told the representative of France that she had been impressed in the Congolese town of Goma last October at the amount of work accomplished amid such intense conflict. She praised the support for human rights NGOs given by the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC).
Responding to China's representative, she said she was happy to note the high priority his country had placed on the role of coordinating prevention efforts. She would be happy to provide information on the impact of sanctions of civilians in conflict situations.
She told the representative of the United States that recent missions to West Africa were an important resource for the Security Council. There was a need to address human rights issues in the subregion. Noting that a special court for Sierra Leone would send an enormously important signal on tackling impunity, she emphasized that it was vital to provide financial support for such a court.
SERGEY LAVROV (Russian Federation) said that, at the Millennium Summit, heads of State had undertaken to extend the protection of civilians in armed conflict. Many civilians were suffering in the course of conflicts and more action was needed, especially in the area of coordinated efforts. Eliminating war was the most essential step to protecting civilians. Appropriate international response to conflict situations was important, but must be based on the norms of international law and the Charter of the United Nations.
States and parties to an armed conflict had primary responsibility for protecting civilians, and international agencies should assist in that regard, he said. The Security Council’s main task was the maintenance of international peace. In order to enhance the effectiveness of the Security Council’s work in that areas, mechanisms for interaction with other United Nations agencies needed to be improved. There was quite bit a more that could be done in the area of improving national legislation. Safe and unhindered access should be given to humanitarian agencies in order to protect civilians.
The Council should continue to discuss the general principles laid out in the Secretary-General’s report, he said. It also had to make use of discussions to look at the various situations in individual countries. Principles and the ideas that nobody disputed should be applied at the practical level every time the Council discussed an individual country. If that was not followed, the Council would be unable to undertake its responsibility under the Charter.
RICHARD RYAN (Ireland) said that national governments had primary responsibility for ensuring the protection of civilians -– both their own citizens and refugees within their borders. They must observe international instruments providing for humanitarian access as an inviolable right of those adversely affected in conflict situations.
Also, he continued, the international community must address the growing necessity for humanitarian agencies to deal directly with armed elements in a conflict situation, in order to secure access to refugees and internally displaced persons in need of aid. Agencies in that difficult situation needed to preserve perceptions of their neutrality and to avoid provocation by the armed groups by ensuring absolute transparency in their work. The Secretary-General’s report rightly asserted how essential it was to develop more coordinated and creative approaches to access negotiations, for example, by pooling agency interests consistent with their mandates.
In addition, the Secretary-General drew attention to the actual and potential further effects of the presence of armed elements among civilians in refugee camps, he said. Failure to deal with that issue had disastrous but predictable consequences. He welcomed the June 2000 agreement between the Department of Peacekeeping Operations and the Office of the United Nations High Commissioner for Refugees (UNHCR) to ensure close cooperation on that issue and their agreement to deploy, as appropriate, multi-disciplinary assessment teams to evaluate the situation on the ground in emerging crisis areas. The development of clear criteria and procedures for the identification and separation of armed elements in situations of massive population displacement should be a core element of any follow-up to that discussion.
He went on to say that the creation and entrenchment of robust legal structures which adequately defend the rights of civilians, and act as a real deterrent to potential violators of international humanitarian law, remained a vital component in a global approach to the protection of civilians. In that connection, amnesties were not a pragmatic convenient fix for peace and reconciliation, but in fact undermined those objectives, by emboldening, and often empowering, the transgressor, as well as debilitating the development of the rule of law. Those who committed grave offences under international humanitarian law must be brought to justice.
ALFONSO VALDIVIESO (Colombia) stressed the need for greater guarantees of access to victims of conflict and greater participation by civil society, including the media, as well as appropriate follow-up to Security Council activities, including the imposition and lifting of sanctions and the creation and conclusion of peacekeeping operations.
He said that the essence of humanitarian action was neutrality and impartiality. The Council could help to protect those principles. It must also recognize that the most effective protection was a negotiated political solution. When taking action, the Council must consider the potential for eliminating or contributing to any obstacles to such a political settlement.
The relationship between the Council and regional organizations must include data about mechanisms available for civilian protection, he said. The Council must work with an appropriate awareness of the interests of each and every country in a region, in order to avoid raising political tensions. Furthermore, it was crucial that United Nations activities enjoy the consent of the State concerned. Any action in the field of civilian protection must be guided by respect for the status of refugees. Armed groups must comply strictly with the relevant standards of humanitarian law, particularly those related to the protection of civilians. Such groups often attacked civilians in blatant disregard for those standards.
MOCTAR OUANE (Mali) welcomed the importance the Secretary-General had attached to the need for more regular cooperation with regional organizations and arrangements. It was important to continue giving support to the Economic Community of West African States (ECOWAS), which had established an early warning system to collect and analyse conflict situations.
He said that one of the best ways to protect civilians was prevention. Ending the proliferation of small arms and light weapons must, therefore, be a priority for the international community. The ECOWAS had established a moratorium on such arms, he noted.
Also of importance was the dissemination, in local languages, of information on establishing a culture of peace. It was also essential to make the vulnerability of civilians a more important aspect of political decision-making. The decision by ECOWAS to deploy peacekeepers on the borders of Guinea, Liberia and Sierra Leone had been made in that spirit. It would also help in the separation of refugees and armed elements.
The High Commissioner for Human Rights, Ms. ROBINSON, said that the Russian ambassador had placed an emphasis on better coordination within the United Nations system. She wanted to link that to what the regional organizations were doing. The subregional framework was very valuable for sharing humanitarian practices. There were measures that could be taken, especially in the area of small arms. There were many gaps that existed in helping the internally displaced, and all relevant organizations were working together to fill those gaps.
She welcomed the emphasis of the need to embed a culture of protection. Special envoys should offer specific recommendations once they have made fact-finding visits. A coordinated approach should also include engaging the private sector. Overall, it was a good time for taking stock and looking at gaps. The administration of justice was vital to civilians in armed conflict. In recognizing the impact of conflicts on civilian populations, the international community should also realize that developing countries were often more severely effected than developed ones.
OLE PETER KOLBY (Norway) said that, in the past, many recommendations from the Secretary-General on the topic of the protection of civilians in armed conflict had not been implemented. There needed to be a road map from intent to action. Norway welcomed the Secretary-General’s call for integrated action and endorsed the approach of creating a culture of protection within all United Nations agencies. The main responsibility for protecting civilians lay with national governments. There was an obvious need to engage armed groups in a constructive dialogue on the protection of civilians, but this should not be read as an endorsement of their position. The Council was bound by the United Nations Charter to assist parties in a conflict and ensure international peace and security.
The Council, he said, had to fight the culture of impunity in situations of armed conflict. Implementation of relevant recommendations in the report would help in that regard. Norway had high expectations that the Security Council would play an important role in the establishment of the International Criminal Court and called on all States to accede to the Rome Statute.
The safety and security of refugees was an important concern in armed conflict, he said. The UNCHR had proposed measures to ensure refugee safety. Norway encouraged those efforts. It also supported a regrouping of the recommendations in the Secretary-General’s report in order to specify who needed to do what, and requested that the Secretariat be allowed to supply frequent briefings on the implementation of the recommendations. The first briefing could be in six months’ time. The issue of the protection of civilians in armed conflict was an issue of paramount importance and needed to remain on the Council’s agenda.
ANUND PRIYAY NEEWOOR (Mauritius) stressed the need to examine not only the humanitarian aspect of civilian protection, but also the prevention aspect. The Secretary-General's 1998 report on the prevention of conflict in Africa was an important guide on how to prevent conflict. An international conference should be held to create a package of measures that could be used at the national and international levels to prevent conflict.
He said the General Assembly and ECOSOC could play an important role in the humanitarian aspect, but the most important thing was to provide for the prosecution of perpetrators of human rights violations in conflict situations. The International Criminal Court would be an important tool in achieving that goal. Perpetrators must know that they would end up before a tribunal.
Actions by ECOWAS and by the North Atlantic Treaty Organization (NATO), in West Africa and the Balkans, respectively, were good examples of regional initiatives. Unfortunately, regional organizations, especially in Africa, did not have the necessary resources. It was well known that the United Nations generally took too long to respond to conflicts in Africa, a glaring example being the conflict in the Democratic Republic of the Congo.
Sir JEREMY GREENSTOCK (United Kingdom) said that too many belligerent groups targeted the innocent and defenceless. In some cases, that had become a deliberate tactic of war. Gross and systematic violations of human rights were perpetrated with impunity. The reason why so few of the Secretary-General's recommendations had been fully implemented must be examined. Some had fallen outside of the Council's competence and some outside its reach in terms of what was practical and realistic. Where there had been consensus on a principle, systems must be in place to ensure that the Council followed up. It was not sufficient to adopt a thematic resolution or presidential statement. The challenge was to mainstream commitments into the Council's everyday work on country-specific issues. The Council could not succeed on its own. Making a difference required the cooperation and active involvement of the parties to the conflicts and the wider United Nations system. The primary responsibility must rest with the parties to the conflicts. They must change their behaviour and live up to their moral and legal responsibilities. Further strides to combat the culture of impunity should be taken. All States should sign and ratify the Rome Statute for the International Criminal Court and the proposed special court for Sierra Leone must now be established.
The wider United Nations system must examine how best to make its contribution, he continued. That meant clear-sighted examination of which body was best placed to take action and how Member States could help to make that happen. Clear arrangements for coordination within the United Nations were needed, including an improved system-wide approach that would consolidate the expertise of all relevant bodies. Practical commitments must lead to a real difference in the protection of civilians on the ground.
He advised against a resolution or presidential statement taking action on the Secretary-General's report at the present stage. Instead, the Council should think about how to meet the Secretary-General's challenge in its everyday work. The Secretary-General should not limit himself to making recommendations on the protection of civilians once a year. Instead, he should do so every time he reported on an individual country situation where civilians were at risk, with clear and practical proposals for realistic and sustainable action. As an outcome of the meeting, the Council might ask him to do that. It could also ask for reinforced structures on the ground, such as the appointment of Deputy Special Representative responsible for coordination on the humanitarian implications of conflict.
The success of the Council's decision-making would, in large part, depend on the information and analysis at its disposal, he added. The Council should consider what role there might be for the Executive Committee on Peace and Security and whether there was need for a permanent capacity in the Secretariat, perhaps a cross-cutting team in the Office for the Coordination of Humanitarian Affairs and the Department of Peacekeeping Operations. It was time to forge operational links with regional and subregional organizations. Obstacles to the effectiveness of peacekeeping operations must be analysed and sensible solutions put in place. The Secretary-General's proposal on media monitoring mechanisms was a good example. The needs of civilians, whether they were children, women or vulnerable groups, must be properly identified and met. There was no need for future recommendations of a general nature. The Council and its partners must assess themselves for their success in achieving results.
The meeting was then suspended.
When the Council resumed at 3 p.m., KENZO OSHIMA, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, said that he was deeply impressed with the Council’s emphasis on the need to integrate the work of the United Nations aimed at enhancing measures for the protection of civilians on the ground. He supported the concept of establishing a cross-agency team. The Office for the Coordination of Humanitarian Affairs would seek to mainstream and give prominence to issues relating to armed conflict. The protection of civilians in armed conflict lay at the core of what the United Nations did. The primary responsibility rested with States and government; international assistance was only a complement to that.
Given the predominately internal nature of conflicts today, it was necessary to have consultations with armed groups in order to ensure the safety of the civilian population, he said. A regional approach to any consultation was also important. In order to institute a more creative approach to negotiations, the Secretary-General had recommended developing a manual that included benchmarks for the engagement and disengagement of United Nations agencies. His Office would take the lead in that process and was already planning to coordinate a meeting of key agencies.
The Inter-Agency Standing Committee was working on strengthening humanitarian organizations in the field, he said. Non-governmental organizations were indispensable partners to United Nations agencies in providing assistance to vulnerable populations. Effective coordination could significantly enhance the protection of civilians. He welcomed the idea of an informal working group to facilitate the work of the Council and the Secretariat. A clear road map had to be elaborated, with clear time lines, and he stood ready to regularly update the Council on implementation of the recommendations. That would be a significant opportunity to draw attention to civilian victims and to effect progress on their behalf.
PAUL HEINBECKER (Canada) said the protection of civilians in armed conflict must be an integral part of the Council’s work. To that end, in the 18 months since the Secretary-General’s first report on the subject, the safety of people, particularly victims of conflict, had moved from the periphery to the centre of the Council’s deliberations. Indeed, several new peacekeeping mandates, including those of East Timor and Sierra Leone, included provisions for civilian protection. Further, human rights units, along with child protection and gender advisors, had been integrated into mission structures. The Council’s further progress could be marked by its willingness to address impunity. It now regularly called on all parties to conflicts -– State and non-State actors –- to respect human rights and international humanitarian law. The Council had also taken important steps to improve the use of sanctions, particularly the humanitarian implications of such schemes.
While those were among the many actions taken by the Council which evinced the beginnings of a “culture of protection”, there were certain “gaps” in protection initiatives that needed to be corrected, he continued. Foremost among those was the inclusion of civilian protection in all peace mandates. To further initiate outside support for war-affected populations, it was appropriate to make the Secretary-General’s report available to all those involved in the protection equation. It should be submitted to both the Council and the General Assembly for action. He supported the suggestion that the protection of civilians be addressed at the high-level consultations between the United Nations and regional organizations. He acknowledged the concerns about sovereignty and said Canada had recently commissioned an in-depth study on harmonizing territorial integrity with the protection of civilian populations.
He urged the Secretary-General to ensure that the Council had the information it needed on how to transform his report’s recommendations, as well as the relevant resolutions, into concrete actions. Indeed, politics or the urgency of particular crises should not obscure the Council’s consideration and broad implementation of the fundamental elements of the report. Particular attention should be paid to, among other things: promoting justice and reconciliation; and obtaining, and sustaining, full, safe and unhindered access to civilians through access negotiations. It was important to note that the report revealed how corporate and non-State actors could intensify war, while at the same time recognizing the positive role the private sector could play in promoting humanitarian efforts and economic stability. Canada supported further study into such positive roles, including such prevention activities as early warning and post-conflict reconstruction.
PIERRE SCHORI (Sweden), speaking on behalf of the European Union, said since most conflicts today were of a non-international character, involving a broad range of actors, new mechanisms and strategies were required. To that end, he regretted that so few of the recommendations in the Secretary-General’s initial report on the protection of civilians in armed conflict had been implemented. He added that the political and legal instruments currently available for the protection of civilians needed to be reviewed and updated, in order to reflect the realities of most conflict situations. Important steps forward in that process included continuing efforts to create a “culture of prevention”, and studying how the implementation of the Secretary-General’s most recent recommendations could be strengthened on the ground.
Internationally recognized standards of protection could be upheld only when given the force of law, and when violators were regularly and reliably brought to justice, he continued. He echoed the sentiments of the Secretary-General that, indeed, courts were increasingly willing to send the message that no one was above the law. And, while national jurisdictions had primary responsibility in that regard, there would always be a need for international efforts, namely, through the creation of international institutions, to support work being done at the national level. To that end, he stressed the crucial work already under way in the ad hoc Tribunals for Rwanda and the former Yugoslavia. He further called on all States that had not done so to sign and ratify the Rome Statute for the establishment of an International Criminal Court as soon as possible.
He went on to say that safe and unimpeded access was a vitally important element of international efforts to render protection to civilians in armed conflict. Where governments were prevented from reaching civilians, impartial actors must be allowed to carry out their humanitarian tasks. Moreover, under international law, displaced persons and other conflict victims were entitled to international protection and assistance, where national authorities could not provide such relief. Negotiations during conflict must be recognized as a humanitarian necessity, and the Union would welcome proposals on how such negotiations could be improved.
He further supported the view that States were responsible for protecting and providing relief and assistance to distressed and persecuted populations. The role of women and youth should also be enhanced at all levels of peace negotiations. The Council’s role in protecting civilians in armed conflict was crucial. The Council should emphasize the direct responsibility of armed groups under international humanitarian law. To that end, he noted with concern the rising number of casualties among international humanitarian personnel. He also supported more frequent fact-finding missions to conflict areas by Council members. Along with providing access to vulnerable populations, such missions served an important preventive function. He also supported the recommendation that the Council make provisions for media monitoring mechanisms in the mandate of peace missions.
YUKIO SATOH (Japan) said each of the Secretary-General’s 14 recommendations were crucially important for coping with the difficult task of identifying ways in which the international system could be strengthened “to help meet the growing needs of civilians in war”, and urged the Council to give serious attention to them.
Ensuring safe and unimpeded access of humanitarian personnel to civilian populations in need was a prerequisite for the provision of meaningful protection, he said. It was also of the utmost importance to strengthen efforts to ensure the safety of United Nations personnel in the field. He hoped that Member States would make contributions to the Trust Fund for the Security of United Nations Staff Members. He encouraged the Council to invoke the provisions of the Convention on the Safety of United Nations and Associated Personnel whenever it deemed necessary.
The international community must redouble its efforts to provide appropriate protection and assistance to refugees and internally displaced persons. The importance of enhancing the operational capacity of the United Nations system and the need for it to take a more coordinated approach in addressing the plight of internally displaced persons could not be overemphasized, he said.
LUIS ENRIQUE CAPPAGLI (Argentina) agreed with the Secretary-General’s observation that the protection of civilians must have a sound legal foundation. The deterrent value of justice must be the key to that foundation. It was important to ensure effective enforcement, which must take into account financing and the cooperation of States in ensuring that those suspected of human rights violations were brought before the court in whose jurisdiction the crimes were committed.
The safety of humanitarian personnel was also crucial in ensuring the protection of civilians, he said. The design of mandates must also take into consideration the necessary logistical support. Security Council field missions to conflict areas must be strengthened to facilitate fluid dialogue between the parties in conflict. The missions must have the capacity to negotiate access to civilian populations. In addition, the capacity to collect and analyse information should be strengthened, so that a clear picture of the true nature of a conflict could be provided.
Welcoming the forthcoming meeting between the Security Council and ECOSOC, he said the practice of such meetings should be continued and strengthened. Argentina also supported stronger regular cooperation with regional organizations, as well as greater participation by NGOs, including the media.
LEE HO-JIN (Republic of Korea) said the Secretary-General rightly noted that international standards of protection could only be upheld if they were given force of law. For that reason, he strongly advocated prosecuting violations of international humanitarian and human rights law, and opposed amnesty to those who committed such crimes. To that end, he supported further development of legal instruments for the protection of civilians in conflict areas. The International Tribunals for Rwanda and the former Yugoslavia were a step in the right direction.
Also, the idea of “smart sanction
