Security Council 398065BFCF9B-6D27-4E9C-8CD3... · received a letter dated 19 February 1999 from...

United Nations S/PV.3980

99-85131 (E) This record contains the original text of speeches delivered in English and interpretations of speechesdelivered in the other languages. The final text will be printed in theOfficial Records of the SecurityCouncil. Corrections should be submitted to original speeches only. They should be incorporatedin a copy of the record and be sent under the signature of a member of the delegation concerned,within one week of the date of publication, to the Chief of the Verbatim Reporting Service,room C-178.

Security Council ProvisionalFifty-fourth Year

3980th MeetingMonday, 22 February 1999, 10.45 a.m.New York

President: Mr. Fowler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Canada)

Members: Argentina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.PetrellaBahrain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.BuallayBrazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.ValleChina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. QinHuasunFrance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.DejammetGabon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.Dangue RéwakaGambia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.TourayMalaysia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.HasmyNamibia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.AndjabaNetherlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. vanWalsumRussian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.FedotovSlovenia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.TürkUnited Kingdom of Great Britain and Northern Ireland. . . . . . . SirJeremy GreenstockUnited States of America. . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.Burleigh

Agenda

Protection of civilians in armed conflict

Security Council 3980th meetingFifty-fourth year 22 February 1999

The meeting was called to order at 10.45 a.m.

Adoption of the agenda

The agenda was adopted.

Protection of civilians in armed conflict

The President(interpretation from French): I shouldlike to inform the Council that I have received letters fromthe representatives of Australia, Azerbaijan, Bangladesh,Burkina Faso, Costa Rica, the Dominican Republic, Egypt,El Salvador, Germany, Guatemala, Haiti, India, Indonesia,Jamaica, Japan, New Zealand, Norway, Pakistan, theRepublic of Korea, Togo, Ukraine, Uruguay and Zambia, inwhich they request to be invited to participate in thediscussion of the item on the Council’s agenda. Inconformity with the usual practice, I propose, with theconsent of the Council, to invite those representatives toparticipate in the discussion, without the right to vote, inaccordance with the relevant provisions of the Charter andrule 37 of the Council’s provisional rules of procedure.

There being no objection, it is so decided.

At the invitation of the President, Mr. Crighton(Australia), Mr. Kouliev (Azerbaijan), Mr. Chowdhury(Bangladesh), Mr. Kafando (Burkina Faso), Mr.Niehaus (Costa Rica), Ms. Aguiar (DominicanRepublic), Mr. Elaraby (Egypt), Mr. Castaneda-Cornejo (El Salvador), Mr. Kastrup (Germany), Mr.Lavalle-Valdés (Guatemala), Mr. Lelong (Haiti), Mr.Sharma (India,) Mr. Effendi (Indonesia), Miss Durrant(Jamaica), Mr. Takasu (Japan), Mr. Powles (NewZealand), Mr. Kolby (Norway), Mr. Kamal (Pakistan),Mr. Cho (Republic of Korea), Mr. Kpotsra (Togo),Mr. Yel’chenko (Ukraine), Mr. Pérez-Otermin(Uruguay) and Mr. Kasanda (Zambia) took the seatsreserved for them at the side of the Council Chamber.

The President (interpretation from French): Inaccordance with the understanding reached in the Council’sprior consultations, if I hear no objection, I shall take it thatthe Security Council agrees to extend an invitation to thePermanent Observer of Switzerland to the United Nationsto participate in the discussion, without the right to vote.


I invite the Permanent Observer of Switzerland to theUnited Nations to take a seat at the side of the CouncilChamber.

(spoke in English)

I should like to inform the Council that I havereceived a letter dated 19 February 1999 from theChargé d’affaires of the Permanent Observer Mission ofPalestine to the United Nations, which has been issued asdocument S/1999/175 and which reads as follows:

“I have the honour to request that, inaccordance with its previous practice, the SecurityCouncil invite Dr. Nasser Al-Kidwa, Ambassadorand Permanent Observer of Palestine to the UnitedNations, to participate in the upcoming meeting ofthe Security Council, on Monday, 22 February 1999,regarding the agenda item Protection of civilians inarmed conflict'.”

I propose, with the consent of the Council, to invitethe Permanent Observer of Palestine to participate in thecurrent debate in accordance with the rules of procedureand the previous practice in this regard.


I invite the Permanent Observer of Palestine to takea seat at the side of the Council Chamber.

The Security Council will now resume itsconsideration of the item on its agenda. The Council ismeeting in accordance with the understanding reached inits prior consultations.

If I might simply add a note, I am particularlypleased to see so many countries participating in thisdebate. It is a debate which, as everyone knows, followsthe meeting we had a few weeks ago, which allowedUnder-Secretary-General Vieira de Mello to present to usan important statement on humanitarian activities relevantto the Security Council. Ten days ago we had furtherbriefings from the President of the InternationalCommittee of the Red Cross, Cornelio Sommaruga; fromthe Executive Director of the United Nations Children’sFund, Carol Bellamy; and from the Special Representativeof the Secretary-General, Mr. Olara Otunnu, speaking tothe issue of protection of civilians in armed conflict. Atthat time, the members of the Council had a chance tospeak. We adopted a presidential statement which,inter alia, asked the Secretary-General to prepare a reportby next September on the matter.

I am particularly pleased that so many non-membersof the Council have chosen to speak today to offer us in

2


the Council their views on how we should consider suchissues, especially any advice they might have to theSecretary-General in the preparation of his report.

The President: The first speaker on my list is therepresentative of Germany. I invite him to take a seat at theCouncil table and to make his statement.

Mr. Kastrup (Germany): I have the honour to speakon behalf of the European Union (EU). The Central andEastern European countries associated with the EuropeanUnion — Bulgaria, the Czech Republic, Estonia, Hungary,Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia— and the associated country Cyprus, as well as theEuropean Free Trade Association countries members of theEuropean Economic Area, Iceland and Liechtenstein, alignthemselves with this statement.

On behalf of the European Union, I would like tounderline my deep appreciation that the Security Councilhas given the protection of civilians in armed conflict avery high priority, which, as you mentioned, Mr. President,is reflected in the three meetings held within only 30 days.The Security Council has rightly done so. The EU believesthat the issue of the protection of civilians in armed conflictdeserves to figure high on the international political agenda.While we recognize that the primary responsibility toprotect civilians under all circumstances rests with Statesand parties to a conflict, we must also reinvigorateinternational efforts to protect civilians in armed conflict.The Security Council has an important responsibility in thiscontext. It is important that it properly coordinate its actionswith other relevant bodies.

Looking at the present global situation, one cannot butfeel profound concern. International Committee of the RedCross President Sommaruga asked this Council on 12February 1999,

“Does this interest in humanitarian affairs not mask acertain feeling of impotence at the magnitude of thetask that confronts us?”(S/PV.3977, p. 2)

He, as well as Under-Secretary-General Vieira deMello; the Executive Director of the United NationsChildren’s Fund, Ms. Carol Bellamy; the SpecialRepresentative of the Secretary-General for Children andArmed Conflict, Mr. Olara Otunnu; and my distinguishedcolleagues who spoke during the recent Security Councilmeetings agreed to a very large extent on the analysis ofthe present, very sombre, situation. In this regard, we wouldlike in particular to mention the recent visit to Africa of the

European Commissioner for Humanitarian Affairs, EmmaBonino, who described the situation in Sierra Leone andGuinea-Bissau as “hellish”. That visit underlines thecommitment of the European Union to a continent whereconflicts, especially internal, have a particularly severeimpact on civilian populations.

Not only is there still an alarming number ofconflicts, but also their nature has changed. Most of theconflicts that now come before the Security Council areinternal armed conflicts. The important distinctionsbetween combatants and non-combatants, as well asbetween humanitarian workers and peacekeepers, areoften being blurred. Today 90 per cent of victims inconflicts are civilians. Civilians have thus become thefirst and main target in armed conflict. Women, children,the elderly, the sick, refugees and internally displacedpersons have been attacked in large numbers.International humanitarian law, human rights law andrefugee law are often unknown to parties to the conflict,or they are ignored or wilfully disrespected. The gulfbetween existing international norms and respect for themon the ground has never attracted so much concern.Genocide, so-called ethnic cleansing, increasing attacks onhumanitarian personnel and the repudiation of theprinciples of humanity have become an almost generalphenomenon in today’s conflicts.

While all civilians deserve and need the protectionof the international community, children deserve particularattention. As Mr. Otunnu described in the SecurityCouncil meeting of 12 February, in recent years morethan 2 million children have been killed in conflictsituations, more than 1 million have been orphaned, morethan 6 million have been permanently or seriously injured,12 million have been made homeless, and more than 10million are estimated to be suffering from gravepsychological and emotional trauma. More than 300,000children in more than 30 conflict situations are serving aschild soldiers. These very numbers reflect the horror andthe suffering of probably the weakest group in armedconflicts.

The collapse of law and the often anarchic nature ofcontemporary conflict is a severe challenge for the statecommunity. It must not be a cause for gloom. What canwe do in order to improve the situation? I would like tohighlight some areas that the European Union considersto be particularly important.

First, we have to bridge the widening gap betweenexisting international norms and respect for them through

3


full compliance with international law and fundamentalprinciples. While the existing, impressive body ofinternational human rights and humanitarian law might needsome elaboration, the main objective should be to ensure itsrespect and full implementation. The dissemination, in clearand simple terms, of knowledge of human rights obligationsand of international humanitarian law among security forcesand other participants in armed conflict is most important.

Second, we must ensure unimpeded access ofhumanitarian workers to those in need. It is of utmostimportance to tackle the question of effective monitoringand enforcement of human rights and humanitarian law.The very presence of international personnel often helpsprevent the worst atrocities and contributes to implementinginternational law.

Third, we need to consider what can be done toenhance the safety of humanitarian personnel, particularlyin cases where there is limited consent from the parties tothe conflict and the security situation is unstable. The EUwelcomes the entry into force of the 1994 Convention onthe Safety of United Nations and Associated Personnel.

Fourth, we have to consider more effective measuresto protect children in conflicts. We consider the raising ofthe age limit for participation in armed conflicts from 15 to18, as foreseen by the additional protocol to the Conventionon the Rights of the Child, an important step in thisdirection. The United Nations has set a good example withregard to the deployment of peacekeeping forces. We mustalso ensure that children are always identified as a priorityin all efforts to build peace and resolve conflicts.

Fifthly, we must tackle the problems of anti-personnelmines and of all small arms proliferation, since they impedethe repatriation of refugees, endanger both the dispensationof humanitarian assistance and economic recovery and leadto the return of violence. Sixthly, sanctions should be welltargeted on the leadership in order to have a real impactwithout, as far as possible, leading to negative humanitarianconsequences for the population. Arms embargoes shouldbe strictly implemented so that illegal arms flows toconflict areas can be stopped.

Seventh, we must put an end to impunity from warcrimes and crimes against humanity. The Yugoslavia andthe Rwanda Tribunals are important steps in the rightdirection. The EU has warmly welcomed the adoption ofthe Rome Statute and is working wholeheartedly towards anearly entry into operation of the International Criminal

Court. It is also essential for States to implement theirobligations to take action on the national level.

Eighth, we should do our utmost to prevent themedia from being used as a tool of conflict. Nationalist orethnic hate campaigns propagated through the mass mediaprepared the way for genocide, and not only in Rwanda.Ninth, the Security Council should as a matter of priorityseek to prevent conflicts. We must all do everything toprevent such conflicts by promoting economic and socialdevelopment, good governance and respect for humanrights.

Tenth, coherent diplomatic, political and militarymeasures have to be complemented with measures relatedto economic, humanitarian and development aspects ofconflict management. In that context it is important tofurther develop the concept of a strategic framework toguide the work of the various United Nationsorganizations. The EU particularly welcomes the recentSecurity Council decisions on the causes of conflict inAfrica and on the situation in the continent. In thosedecisions the need was stressed for a comprehensivestrategy within the United Nations system, including theGeneral Assembly and the Economic and Social Council.The EU is looking forward to the report requested fromthe Secretary-General, which will provide a usefulframework for our future work on this important subject.

Let me conclude, Mr. President, by thanking you forthe organization of today’s meeting and for the openbriefing on 12 February, and encourage the SecurityCouncil to struggle relentlessly for improved protection ofcivilians in armed conflict.

Allow me to add, in my national capacity, that theproblems we are discussing today are of concern to allmembers of the international community. They should,therefore, wherever possible, be dealt with not behindclosed doors but in open meetings.

The President: I thank the representative ofGermany for his kind words addressed to me.

4


I should have begun by apologizing, on behalf of theCouncil, for keeping this impressive list of speakers waitingfor 45 minutes as we dealt with important proceduralissues. I do so now: I apologize for keeping them waiting.

I should like to inform the Council that I have justreceived letters from the representatives of Iraq and Israelin which they request to be invited to participate in thediscussion of the item on the Council’s agenda. Inconformity with the usual practice, I propose, with theconsent of the Council, to invite those representatives toparticipate in the discussion, without the right to vote, inaccordance with the relevant provisions of the Charter andrule 37 of the Council’s provisional rules of procedure.


At the invitation of the President, Mr. Hasan (Iraq)and Mr. Gold (Israel) took the seats reserved for themat the side of the Council Chamber.

The President(interpretation from French): The nextspeaker inscribed on my list is the representative of BurkinaFaso. I invite him to take a seat at the Council table and tomake his statement.

Mr. Kafando (Burkina Faso) (interpretation fromFrench): I should like at the outset to state that I amspeaking on behalf of the countries members of theOrganization of African Unity.

It is much to the credit of the Security Council that ithas taken the initiative to hold this debate on the protectionof civilians in armed conflict. This step demonstrates theimportance that the United Nations attaches to, and its clearawareness of, its mission, which unquestionably is toguarantee international peace and security, and also, inparticular, to provide safe conduct and act as a shield forcivilian populations that fall victim to war and violence. Italso attests to the importance of the subject before us today,a subject that has been under discussion in recent days.

Conflicts today are distinguished by the fact that theyno longer take place, as they did in centuries past, onbattlefields, where only the belligerents faced off. Becauseof their sophisticated, ultra-rapid and devastating nature,and also because of their sometimes anarchic or fragmentedcharacter, present-day conflicts are no longer confined toterritory that is more or less delimited. War creeps intocities, into homes and even into families. Unfortunately, ittherefore involves civilian populations, regardless of ageand sex. If the Office of the United Nations High

Commissioner for Refugees is to be believed, 90 per centof the victims of such conflicts are civilians.

It is very distressing to say so, but in this gloomypicture it is Africa that is paying the highest price, in thefirst place because of the number of wars that are takingplace there. From north to south and east to west, passingthrough Central Africa, the clash of arms and the soundof bombs effectively beat out the rhythm of daily life inthat ailing continent. Furthermore, because of economicproblems, the populations that have become victims —displaced persons, refugees, those who have beenrepatriated, etc. — experience the difficulties ofreintegration, not to mention the torment of hunger, thirst,separation and unspeakable suffering.

It also must not be forgotten that it is in Africa thatthe large-scale and alarming development of thephenomenon of child soldiers is taking place.Furthermore, their recruitment is directly proportional tothe proliferation of light weapons.

In this regard, the Organization of African Unity(OAU) — which, let us recall, has had a Convention onrefugees since 1969 — has taken to heart the problem ofthe protection of civilian populations in armed conflictsby putting forward a series of initiatives. Thus, with theassistance of Member States, the Office of the UnitedNations High Commissioner for Refugees (UNHCR), theInternational Committee of the Red Cross (ICRC) andgovernmental and non-governmental organizations, it hassent missions to several African countries to investigatethe overall situation of refugees and repatriated anddisplaced persons. The resulting report is alarming: thereare approximately 6 million refugees and 20 milliondisplaced persons, the majority of whom are women andchildren.

At the same time, the OAU secretariat has organizedregional meetings on this issue in order to make policiesmore sensitive to this matter and to raise awarenessamong African populations and the internationalcommunity. It should also be noted that since 1992 acooperation agreement has linked the ICRC and the OAU.Finally, it must be stated that in December 1998, theOAU Commission on Refugees met in Khartoum, in theSudan, and recommended a number of appropriatemeasures and solutions.

However, we are not dismissing the issue. Theproblem of the protection of civilians in armed conflictsremains complex. It brings into play humanitarian

5


concerns and political considerations, and sometimes it evenbrings sovereignties and vulnerabilities into conflict.

The protection of victims in most cases implies theduty of intervention, which many Governments oftenassociate with interference in their internal affairs.Examples abound of cases in which humanitarianorganizations have been turned back on grounds of theirpartiality or have even been victims of violence. In somecases they have even suffered losses of life. Hence, there isthis other problem: how to protect humanitarian personnelin their mission of assistance. Or, in other words, whatshould be done to avoid the growing recurrence ofviolations of international humanitarian law?

The following possible solutions,inter alia, have beenformulated by the OAU: taking into account humanitarianaspects in drawing up policies for the settlement ofconflicts through a clear definition of appropriate measuresto ensure the security of humanitarian personnel and toallow them to carry out their mandate; the need to teach,publicize and implement international humanitarian law; theratification of or accession by all States to the GenevaConvention of 12 August 1949 relating to the Protection ofvictims of international armed conflicts, their AdditionalProtocols of 8 June 1977 and the Geneva Convention of1951 on refugees.

More generally, better protection of civilianpopulations in armed conflicts hinges on a solution to thesituation of child soldiers. During the last decade, accordingto Mr. Olara Otunnu, the Secretary-General’s SpecialRepresentative for Children and Armed Conflict, more than2 million children have been killed and more than 6 millionhave been wounded or maimed. Such a holocaust calls forappropriate measures to be taken at the international level.We therefore support and strongly encourage the efforts ofthe United Nations Special Representative for Children andArmed Conflict, as well as the actions of a good number ofnon-governmental organizations aimed at raising therecruitment age to 18. Even then, the matter would not befully resolved, since it involves rebel groups, which, bydefinition, are not subject to international law and are notbound by any convention.

The protection of civilians in armed conflicts alsorequires that States rapidly accede to the Convention on thetotal prohibition of anti-personnel mines, given thedevastation caused by this treacherous and insidiousweapon. Let us also emphasize the urgent need to ensuresecurity for actions by humanitarian non-governmentalorganizations and other bodies. These must always follow

a code of conduct, as humanitarian assistance mustremain neutral and impartial.

In conclusion, I would like simply to emphasize thatAfrica is very aware of the actions carried out on thecontinent by humanitarian assistance organizations,including UNHCR, the ICRC and other non-governmentalorganizations. Africa pays tribute to them for theirdedication to the service of victims of conflicts.

The President: The next speaker inscribed on mylist is the representative of Australia. I invite him to takea seat at the Council table and to make his statement.

Mr. Crighton (Australia): On behalf of theAustralian delegation, I wish to thank you, Mr. President,and the delegation of Canada for bringing this importantquestion to the forefront of the Security Council’s agenda.We also very much welcome the fact that the decisionwas made to discuss this in an open meeting of theCouncil.

The briefings provided to the Council on 12February by the representatives of the InternationalCommittee of the Red Cross (ICRC), the United NationsChildren’s Fund (UNICEF) and the Secretary-General’sSpecial Representative for Children and Armed Conflicthighlighted the horrific toll that war has taken on civilianpopulations, and particularly on women and children.

Of course, this is not a new problem. Nor is it adiminishing problem. Last year we celebrated the fiftiethanniversary of the Universal Declaration of HumanRights. This year is also the fiftieth anniversary of theGeneva Conventions. Yet the sad fact is that ever largernumbers of civilians are being affected by conflict acrossthe globe.

Conflict today is characterized by increased targetingof non-combatant groups, increasing involvement ofnon-State actors and a widening gulf between theprinciple and the observance of humanitarian norms andlaws. The effect of this is to make civilian groups,particularly women and children, even more vulnerable toassault, abuse and displacement.

This presents the United Nations and theinternational community as a whole with a complex anddifficult challenge, which must be addressed at a numberof levels. Many elements of our response will be beyondthe specific responsibilities of the Security Council. Butat the same time, as a number of speakers in the earlier

6


Council discussion highlighted, breakdown in civil orderand human suffering can be both a consequence and acause of conflict, and to this extent it is very much an issuefor this Council.

Organizations like the ICRC, the Office of the UnitedNations High Commissioner for Refugees (UNHCR),UNICEF and the United Nations itself have made a majorcontribution over many years to assisting and protectingcivilians in conflict and post-conflict situations.International humanitarian personnel must be allowed tocontinue their work without threat or hindrance. Deliberateobstruction of humanitarian workers, and incidents like therecent shooting down of two planes carrying United Nationspersonnel in Angola, must not be allowed to go unpunished.

A number of valuable suggestions about what theCouncil and the United Nations can do to strengthen theprotection of civilians in conflict were made during thedebate on 12 February. I am sure that a lot more will bemade today, and we look forward to hearing them.

The role of international human rights andhumanitarian law is central. In particular, we should makeevery effort to further strengthen those protections alreadyprovided for in international law, not only in relation tocivilian women and children but also where, for example,children may themselves become involved in armedconflict. In this area, Australia strongly supports thedevelopment of an optional protocol to the Convention onthe Rights of the Child. The optional protocol aims tostrengthen the existing international standard contained inarticle 38 of the Convention by raising the minimum agelimits for recruitment into armed forces and participation inarmed conflict.

Work on strengthening the international legalframework is important. That must go hand in hand withefforts to strengthen the observance of human rights andinternational humanitarian law. Ms. Bellamy and Mr.Otunnu, among others, spoke of the need to improveeducation about the obligations of soldiers underinternational law. Many countries, including Australia, dothis as an integral part of the training of our soldiers andour peacekeepers, and we support efforts to extend thateducation.

It is vital that we have effective institutions to bring tojustice the perpetrators of crimes against humanity. In thisregard the International Criminal Tribunals for Rwanda andthe former Yugoslavia have made an importantcontribution. The establishment of the International

Criminal Court, with which Australia has been closelyassociated, is a major step forward.

My delegation agrees with many of the constructivesuggestions that have been made so far in this debate.Arms embargoes aimed at limiting conflict must be betterimplemented. The proliferation of small arms and lightweapons poses a particular threat to civilian populationsin conflict situations, and practical steps can be taken toaddress this problem. Landmines exact an appallinghuman price, and international cooperation to ban theiruse and to remove the millions of mines that still threatencivilian populations must continue.

In a statement to the Security Council in a similaropen debate on post-conflict peace-building held lastDecember, my delegation spoke of the need to take amore integrated, holistic approach to the United Nationsrole in responding to conflict. The protection of civiliansaffected by conflict is an important element of this, bothas conflict continues and at the post-conflict peace-building stage.

Canada’s initiative in convening this debate willgreatly assist the Council, and all Member States, inconsidering how to deal with this troubling issue. To thisend, my delegation welcomes the statement by thePresident of the Council of 12 February 1999 and therequest to the Secretary-General to prepare a report withspecific recommendations for the Council on measures toimprove the physical and legal protection of civilians inconflict. We look forward to the report, and we standready to contribute further to the Council’s considerationof this matter.

The President: I thank the representative ofAustralia for the kind words he addressed to me.

The next speaker inscribed on my list is therepresentative of Norway. I invite him to take a seat atthe Council table and to make his statement.

Mr. Kolby (Norway): In many of today’s conflicts,targeting civilians has become an integral part of wartactics. While in the First World War 5 per cent of thevictims were civilian casualties, in today’s wars the figureis close to 90 per cent, and children are among thosemost affected by this development. The lack of adherenceto international norms in today’s conflicts leaves theinternational community and the United Nations with aspecial responsibility to mobilize against the increase incivilian casualties. Today’s discussion on the protection

7


of civilians in armed conflict is a positive reflection of theSecurity Council’s increased attention to the humandimensions of security issues.

Norway greatly appreciates the opportunity toparticipate in this debate. In this connection, I would like topay tribute to Canada, the current President of the Council,for focusing on this important subject.

The well-being of individuals and their communitiesshould be a frame of reference in the Council’s efforts toprevent and resolve conflict. Recent multifunctionalmandates from the Council and various consolidatedappeals clearly illustrate that the issue of human security isglobal in character and universal in scope. We need todevelop this further by defining adequate internal follow-upmechanisms. We should also continue efforts to developbetter-targeted and effective sanctions.

The international community is collaborating on anumber of issues related to the well-being and security ofindividuals. Among these are initiatives in the area of smallarms, anti-personnel landmines and the protection ofvulnerable groups. For example, to combat the proliferationof small arms through local, national and regional projectsin conflict-prone developing countries, Norway haslaunched a United Nations trust fund. In the area ofanti-personnel landmines, the international community willsoon mark the entry into force of a legally bindinginstrument that prohibits the use, stockpiling, transfer andproduction of anti-personnel landmines, with emphasisshifting from advocacy to implementation.

Children are often the most vulnerable victims in timesof war. The United Nations Charter clearly states thedetermination of Member States “to save succeedinggenerations from the scourge of war”. This year we willcommemorate the tenth anniversary of the adoption of theConvention on the Rights of the Child. We should take thisopportunity to adopt further measures to protect children,who are the least responsible yet most vulnerable in conflictsituations. Agreement on an additional protocol to theConvention on the Rights of the Child, by which the agelimit for participation in armed conflict would be raisedfrom 15 to 18, would be a step in the right direction. Inaddition to the provision of food and medicine for meresurvival, children in conflict situations need access toeducational activities. This can provide children with somesense of normality and hope in the midst of despair as wellas being a way of preventing the recruitment of childrenand bringing about the demobilization of child soldiers. Wecall for a rights-based approach to children affected by war.

The principle of unimpeded access of humanitarianpersonnel to those in need is being disregarded as neverbefore, and we are facing a rising number of attacks onhumanitarian personnel. Firm measures must be taken bythe international community against parties whodeliberately attack such people. To this end, Norway hascontributed $100,000 to the recently established TrustFund for the security of United Nations personnel fortraining and enhanced security management. In thisconnection, we welcome the entry into force of the 1994Convention on the Safety of United Nations andAssociated Personnel.

We are deeply concerned with the spread of internalconflicts that has contributed to an undermining of respectfor the core of humanitarian law and human rightsstandards in situations of internal conflict and civil war.There is thus a need for strengthened internationalcooperation with a view to enhancing the legal protectionof vulnerable groups in internal conflict, to improveinternational monitoring and to promote an active role ofthe international community in protecting human rightsand fundamental humanitarian standards in suchsituations. In order to enforce standards set ininternational law, we have to put an end to impunity fromgenocide, crimes against humanity and war crimes. TheYugoslavia Tribunal and the Rwanda Tribunal, as well asefforts to establish an International Criminal Court, areimportant steps in enhancing accountability tointernational standards.

It is critical to focus on the improved protection ofcivilians in armed conflict through a comprehensive andcoordinated approach by Member States and theinternational organizations and agencies. Norway iscontributing its utmost to the efforts that are being made.We look forward to the report requested of the Secretary-General, which will identify areas in which the SecurityCouncil can contribute more to improved physical andlegal protection of civilians in armed conflict.

The President:I thank the representative of Norwayfor his kind words addressed to my country.

The next speaker is the representative of Pakistan. Iinvite him to take a seat at the Council table and to makehis statement.

Mr. Kamal (Pakistan): As this is the first time thatI am addressing the Council under your presidency, Sir,allow me to congratulate you and to express our

8


admiration for the many initiatives that you are taking toinject greater transparency into its work.

We also salute your predecessor, AmbassadorAmorim, for his own presidency and for the onerous dutiesthat he continues to perform.

Allow me to express our gratitude to you for arrangingtoday’s debate on the protection of civilians in armedconflict. The open briefing on the same subject on 12February 1999 by International Committee of the Red Cross(ICRC) President Cornelio Sommaruga; the ExecutiveDirector of the United Nations Children’s Fund (UNICEF),Ms. Carol Bellamy; and the Special Representative of theSecretary-General, Mr. Olara Otunnu, was informative,useful and thought-provoking.

It is a matter of grave concern for all of us that theviolence in situations of armed conflict has reacheddangerous proportions, directed in most cases againstcivilians, especially women, children and other vulnerablegroups, including refugees and internally displaced persons.The growing number of casualties of humanitarian workersalso remains a matter of serious concern. Civilian casualtiesaccount for almost 80 per cent of the total number ofvictims in armed conflict. Over a million people die eachyear in armed conflicts around the world.

The figure for children’s casualties is particularlyagonizing. Special Representative Olara Otunnu shook usall with a dismal piece of information that, during the pastdecade, over 2 million children have lost their lives invarious armed conflicts, while 12 million have been madehomeless and 300,000 are serving as child soldiers in 30conflict situations. Though most of these conflict situationsare in Africa, conflicts also persist in other parts of theworld, including in our own region, resulting in similarproblems of civilian victims and gross human rightsviolations. Indian-occupied Kashmir is a case in point. Theinternational community cannot and must not remainindifferent to such long-lasting situations.

What is more frustrating is the fact that civilians aresubjected to such cruel treatment despite the existence of asubstantial body of international law and principles evolvedover a long period of time to protect civilians, refugees andhumanitarian personnel. The 1949 Geneva Conventions andthe Additional Protocols of 1977 are well-established normsof international humanitarian law for the protection ofcivilians and other persons who are not party to anyhostilities. Similarly, the 1951 Convention and 1967Protocol relating to the Status of Refugees are the principal

international instruments concerning the protection ofrefugees. We have a collective responsibility to ensureeffective adherence to these legal codes by the Membersof the United Nations.

In his report of 22 September 1998, the Secretary-General indicated that the relevant norms, principles andprovisions of international law are particularly violated insituations of internal conflicts where whole societies aremobilized for war. There should be concerted efforts tocreate awareness of the responsibility of State authoritiesin protecting the civilians in armed conflicts. In thisconnection, we welcome the establishment of theInternational Criminal Court, having jurisdiction overgenocide, crimes against humanity, war crimes and thecrime of aggression. Pakistan actively participated in thedeliberations of the United Nations DiplomaticConference at Rome. We hope the establishment of theCourt will usher in a new era of dispensing justice topeople, which would, in turn, help to establish a justglobal society.

We support the idea, contained in the SecurityCouncil presidential statement of 12 February 1999, thatthere should be a comprehensive and coordinatedapproach by the Member States and internationalorganizations and agencies to address the problem of theprotection of civilians in armed conflict. It is our hopethat the Secretary-General, in his report to the SecurityCouncil in September this year, will submit practicablerecommendations, particularly on measures to address theroot causes of conflict. The need to improve thesocio-economic conditions of conflict-prone societies mustalso be accorded due emphasis in order to ensureeffective results. We support the views expressed by somedelegations that the Secretary-General’s report should notonly focus on the role of the Security Council inimproving the physical and legal protection of civilians inarmed conflict, but that it should also be comprehensivein nature, identifying the role of all the concerned bodiesand agencies.

9


The President: I thank the representative of Pakistanfor his kinds words addressed to me.

The next speaker is the representative of Japan. Iinvite him to take a seat at the Council table and to makehis statement.

Mr. Takasu (Japan): I wish to congratulate you, Sir,on your assumption of the presidency of the SecurityCouncil for this month. My thanks go as well to yourpredecessor, Ambassador Amorim, for his excellentleadership of the work of the Council last month.

I should like to express my deep appreciation for theopportunity to present Japan’s views on this importantissue. The protection of civilians in armed conflict is anissue that transcends humanitarian concerns andencompasses security and development problems.

As we approach the end of this century, which hasseen unprecedented levels of brutality, it is essential that theinternational community strive to ensure that innocent men,women and children are protected and do not becomevictims of conflict. We must not allow ourselves tosuccumb to resignation in the face of the enormity of theproblem.

The Council’s deliberations on the issue of protectionof civilians in conflict situations so far demonstrate clearlythe shared recognition that the nature of armed conflict ischanging. Conflicts are taking place increasingly withinStates rather than between them; it is getting more andmore difficult to draw a line between military personneland civilians; and more and more women andchildren are becoming victims of hostilities. It is thusimperative that effective and urgent action be taken.

My delegation listened with great interest tosuggestions made in the course of the Security Council’sdeliberations and found many of them to be worthy offurther consideration. Indeed, there was a broadconvergence of views on a number of measures to be taken:on strengthening enforcement of international humanitarianlaw; on policy measures against internally displaced personsand child soldiers; on restricting small arms and lightweapons; effective measures on mine action; and onprotection of humanitarian personnel. Some of the measuresare already starting to be implemented, but much moreneeds to be done.

Japan has been contributing actively and will continueto do so in many of these areas. To cite some examples,

Japan was the second party to ratify the Convention onthe Safety of United Nations and Associated Personnel,which finally came into force last month. Japan is a partyto the Ottawa Convention and one of the most activepartners in mine action. Japan intends to contribute about10 billion yen, around $80 million, in five years, startingfrom 1998, for mine action around the world. Japan hasbeen playing an active role in collaborative efforts for therestriction of small arms and light weapons, and also forthe early establishment of the International CriminalCourt.

The basic thinking behind this approach is theimportance that Japan attaches to human securityconcerns. As Prime Minister Obuchi stated recently,human security should be ensured against menaces thatthreaten the survival, daily life and dignity of humanbeings. Thus, measures to protect civilians in conflictsituations are important and integral elements of humansecurity concerns. Japan is about to make a financialcontribution to the United Nations to support activities inthis area.

Let me now refer to some of the particularlyimportant points which I believe should be highlighted.

My first point relates to the importance of preservingtraditional humanitarian norms of behaviour, together withfull compliance with relevant international humanitarianand human rights instruments. Mr. Olara Otunnuacknowledged that every civilization is grounded uponcertain humanitarian values, and that

”there are norms that have germinated in the localsoil, that speak to the protection of civilianpopulations, and especially of women, children andthe elderly.“ (S/PV.3977, p. 10)

As we witness the breakdown of such traditional normsof behaviour, which leads to unspeakable brutality againstvulnerable members of the population, it is essential thatwe take pains to preserve and restore those norms toavoid further tragedy and additional humanitariandisasters.

In the face of proliferating and recurring conflicts, itis also necessary to rethink our approach in dealing withthe linkage between conflicts and post-conflict situations.As the United Nations High Commissioner for Refugeeshas been stressing, it is necessary, even before a conflicthas been resolved, to consider providing not onlyhumanitarian assistance but also assistance for the

10


reconstruction of the society, giving people sufficient hopefor a stable and prosperous future. And, along with basicnecessities, from drinking water to mine-free lands, it is ofutmost importance that people waging conflicts, inparticular, will come to be convinced that lasting peace isthe only answer to their problems.

In this respect, we agree with Ms. Carol Bellamy thatthe importance of education cannot be exaggerated. Thedescription of her visits to classes held outdoors under thetrees in Tanzania’s refugee camps for children fromRwanda, Burundi and the Democratic Republic of theCongo is an eloquent testimony to the efforts that are underway to re-establish orderly life even in the midst of crisis.Japan, as a top donor, intends to pursue the strengtheningof close linkage between humanitarian and developmentassistance, and between conflict prevention anddevelopment, while paying due respect to the intangiblevalues and traditions of the local peoples concerned.

Another point I should like to emphasize is theimportance of following up on decisions the Counciladopted on the basis of the report of the Secretary-Generalon the causes of conflict and the promotion of durablepeace and sustainable development in Africa (S/1998/318).The Security Council adopted last November two importantresolutions which are of special relevance to the issue ofthe protection of civilians in armed conflicts: one on theneutrality and security of refugee camps, and the other onthe question, in which my delegation played a coordinatingrole, of illicit arms flows. The Council’s recent presidentialstatement on children and armed conflict is also of greatimportance.

Furthermore, the Council has this time requested theSecretary-General to submit to it a report containingconcrete recommendations to the Council on ways theCouncil, within its sphere of responsibility, can improvephysical and legal measures for the protection of civiliansin situations of conflict. Obviously, the responsibility tocarry out actual measures to protect civilians is notconfined to the Council. Japan strongly hopes that theSecurity Council, in collaboration with other United Nationsbodies and organizations, will institute appropriate andeffective measures so that a safer and better world can beour legacy for the new millennium.

The President: The next speaker is the representativeof Bangladesh. I invite him to take a seat at the Counciltable and to make his statement.

Mr. Chowdhury (Bangladesh): It is a specialpleasure for me and my delegation, Sir, to see you presideover the deliberations of the Security Council. We wouldlike express our deep admiration to you for the wise,effective and, if I may add, proactive manner in whichyou are performing this task.

Bangladesh welcomes the initiative taken by Canadaand you, Mr. President in convening this open meeting.It gives the Member States of the United Nations ingeneral an opportunity to share their views and ideas onhow the international community can contribute toensuring the protection of civilians in armed conflicts. Asthe world is commemorating this year the fiftiethanniversary of the Geneva Conventions, as well as thecentenary of the first International Peace Conference inthe Hague, it is fitting that the Security Council is holdingthis open meeting to consider the important issue ofcivilians in armed conflict.

As we look at the nature of conflicts and social strifethat the world is experiencing today, we notice that inter-State wars and foreign occupations have been on thedecline since the end of the cold war. This encouragingdevelopment, we believe, is expected to contribute to thelessening of global violence in the long run. However,intra-State conflicts, social strife, deprivation, abuses ofhuman rights, ethnic exclusion and xenophobia continueto pose problems that result in violence and impinge oninternational peace and security.

Most of the conflicts that the Security Council ishandling today are internal armed conflicts in whichcivilians are the worst victims, taking the brunt of thelarge-scale human suffering. They are being displaced.They are being assaulted. They are being killed. All sortsof atrocities are being perpetrated against civilians. It isa matter of grave concern that in armed conflicts thepercentage of civilian casualties has gone up incredibly inthe recent decades. As we have heard before, in the FirstWorld War civilians accounted for only 5 per cent of thecasualties. In the Second World War, the number went upto 45 per cent. Now the number exceeds 90 per cent.Such a sharp rise in civilian casualties is due, amongother causes, to deliberate targeting and indiscriminatekilling of civilians by the combatants. Recentdevelopments suggest that ethnic and/or religiousminorities are increasingly becoming targets of partiesinvolved in armed conflicts.

11


Conflicts in many countries have their roots inpoverty, hunger, ignorance, deprivation and lack ofaccountability in the use of political power. At the sametime, various forms and manifestations of colonial legaciescontinue to prevent social and political assimilation andequitable distribution of resources. This can only fomenttensions and conflicts within and among nations. We needto address the root causes of conflicts in a comprehensiveand holistic manner. Poverty and social injustice constitutea source of frustration and a possible cause of newconflicts. Stability, security, democracy and peace are yetto be consolidated on a global scale. This will require areversal of growing international inequities.

In wars and conflicts of today, parties involved quiteoften take recourse to actions that constitute flagrantviolations of international laws, particularly humanitarianand human rights laws. The weaker and vulnerable groupsof society become easy victims of conflicts. Abuses of therights of women and children are most common. Thestatement of the President of the Security Council of 29June last year is worth recalling in this regard. In thiscontext, we value the role being played by the SpecialRepresentative of the Secretary-General for Children andArmed Conflict, Olara Otunnu. We also reiterate stronglyBangladesh’s endorsement of the idea that in a conflictsituation children should be treated as a “zone of peace”.The Convention on the Rights of the Child, with its nearuniversal adherence, should be invoked more effectivelyand be respected by all.

We have noted with concern that United Nations andother humanitarian personnel are being threatened, abductedand killed. It is outrageous that despite the existence of somany international conventions and laws regardinghumanitarian activities, particularly in respect of conflictsituations, the protection and safe access of humanitarianpersonnel cannot be ensured. We are concerned thathumanitarian personnel do not get sufficient securitycoverage to smoothly conduct their activities. We mustaddress this problem more seriously and sincerely. Here wepay tribute to the significant role being played by theInternational Committee of the Red Cross.

Bangladesh believes that an important first steptowards ensuring protection of civilians is to take adequateand effective measures to stop the supply of weapons toparties in conflict. The supply and proliferation of smallarms, in particular, have contributed in a major way tojeopardizing the security of civilians. We reiterate the needfor full compliance with Security Council resolution 1209(1998) of 19 November 1998.

Bangladesh believes that international peace andsecurity can best be strengthened not by actions of Statesalone, but through the inculcation of a culture of peaceand non-violence in every human being and in everysphere of activity. The elements of a culture of peace aredrawn from age-old principles and values that arerespected and held in high esteem by all peoples andsocieties. The objective of a culture of peace is theempowerment of people. It contributes effectively toovercoming authoritarian structures and exploitationthrough democratic participation. It works against povertyand inequities and promotes development. It celebratesdiversity, advances understanding and tolerance, andreduces inequality between men and women. We regardthe culture of peace as an effective expedient forminimizing and preventing violence and conflict in thepresent-day world. My delegation strongly recommendsthat the culture of peace be given due consideration in thereport of the Secretary-General, as called for in thestatement of the Security Council President of 12February 1999, and that the Council devote its attentionto this issue when it deliberates on the report. We alsoencourage the Secretary-General to consult theInter-Agency Committee in formulating hisrecommendations.

In conclusion, let me say that Bangladesh iscommitted to the cause of international peace anddevelopment. We are a signatory to most of thehumanitarian conventions and laws. We have been amajor contributor to peacekeeping and peacemakingefforts of the United Nations. Through our participationin this debate, we reiterate our readiness to continue towork constructively with the other Member States inensuring effective protection of civilians in armedconflicts and, most importantly, in eliminating the rootcauses of such conflicts.

The President: The next speaker is therepresentative of Costa Rica. I invite him to take a seat atthe Council table and to make his statement.

Mr. Niehaus (Costa Rica) (interpretation fromSpanish): May I first of all congratulate you, Sir, onhaving assumed the presidency of the Security Council.

I would like to begin by expressing thanks to thePresident for having convened this meeting, thusaddressing one of the issues of greatest interest to thepeoples of the world who wish, like the Costa Ricanpeople, to become active promoters of peace.

12


I also take this opportunity to express my delegation’scomplete support for the initiatives being taken by theUnited Nations under the leadership of the Secretary-General in order to prevent and alleviate the regrettableimpact of armed conflicts on civilian populations, especiallyon women and children, who, as has become clear, are themost vulnerable sector of the population.

As we know full well, current armed conflicts almostalways reflect historical accumulations of unsatisfieddemands, in most cases aggravated by inadequate social andeconomic situations and by international political andeconomic conditions. In other words, they constituteresponses to internal and international injustices. War is initself an injustice, an unlawful injustice to which, in manycases, we can only be witnesses — indignant witnesses, butincapable of intervening in the course of events.

Central America has been no exception in this worldtraumatized by violence. In recent years, the CentralAmerican isthmus itself suffered the scourge of war. WeCosta Ricans, being Central Americans, were pained by thebloody battles in which so many of our brothers and sistersstruggled. We were witnesses to the separation of familiesand the death of civilians, especially women, the elderlyand children, dragged by harsh reality into armed conflictsthat they had simply and unwittingly inherited.

That is a reality that hurts us to the core, and itconfers a moral responsibility upon the whole ofinternational society, particularly when the victims of thoseconflicts have silently appealed for intervention andinternational action in defence of their innocent lives.Undoubtedly, history will demand an explanation for ourpassivity in the face of events.

The international community knows only too well thetragedy experienced by civilian populations in the contextof armed conflict. We constantly see how innocent civiliansare dragged into violence that is not of their making andfrom which they — innocent human beings who havenothing to do with the conflict — also suffer, whether theyare men, women, the elderly or children.

As we said several months ago in this very forum,when we were non-permanent members of the SecurityCouncil, we are particularly disturbed by informationprovided by the United Nations regarding the tragic realityof children in armed conflict. In recent years, over a quarterof a million children in the world have participated in 30armed conflicts. Some 2 million children have died in thosewars, which have left between 4 million and 5 million

children disabled, 12 million homeless and 1 millionorphaned. Those statistics are a reflection of one of thecruellest realities of our day and of the regrettable impactof conflict on millions of children throughout the world,who unjustly lose their innocence in conflicts that theyare not even capable of understanding, much lessexplaining, and about which all they can do is cry.

The most tragic aspect of these events is wellexpressed in paragraph 16 of document A/53/482,prepared by Mr. Olara Otunnu and submitted to the ThirdCommittee in October last year, which states:

“Cessation of hostilities does not mean that war isover, particularly for children who have beenextensively exposed to the culture of violence.”

Unfortunately, it is also possible that, when theygrow up, those children will repeat their present reality.It is disturbing to know that that reality is dominated byan indiscriminate struggle for power, in which there is aprofound absence of ethical values and anything isallowed. International society is the constant witness tothe new modalities of war in which the distinctionbetween civilians and combatants has disappeared.Children, as well as women and the elderly, have becomelegitimate pawns in the harsh battle for power, fought toattain supposed “ideals”. Children, women and the elderlyare innocent victims who deserve and demand vigorousinternational protection. However, as children are themost vulnerable, my country believes that we must firstand foremost focus our efforts on their protection anddefence.

It is imperative that we take effective internationalaction in defence of those young creatures, who representthe future of humanity and whom we are allowing to bekilled or, at best, whose innocent lives we are exposing totreatment as objects of hatred and violence.

First of all, it is essential to see the problem forwhat it is and with full awareness of the fact that theinvolvement of children in armed conflict constitutes aviolation of human rights and that therefore thoseresponsible must be punished. Costa Rica considers itessential and urgent to enact international legislationclearly prohibiting the recruitment of children under theage of 18 by forces involved in a conflict. In this context,my delegation fully supports the establishment, as soon aspossible, of an additional protocol to the Convention onthe Rights of the Child, and we welcome the intentionexplicitly to incorporate in the rules of the International

13


Criminal Court the principle that a child is a minor until theage of 18. That is a small contribution that the StatesMembers of the Organization can make to humankind.

This Organization, which represents the greatest hopeof the human race for survival in the twenty-first century,must move from words to deeds. This is the moment whenhistory calls for our intervention: our clear, firm andvigorous action in defence of innocent human beings. Thetime has come for our words and our thoughts today, whichare directed towards the effective protection of civilians inarmed conflicts — especially children — to be supportedby concrete action on the part of the internationalcommunity.

In spite of my comments, we must point out thatalthough international legislation is of enormous importancein resolving this problem of the involvement of civilians,especially children, in armed conflicts, such legislation initself is not enough to prevent the situations that put thosecivilians, particularly children, at risk. That is why, inaddition to what has been proposed in the internationalsphere, we need an appropriate legal framework at thedomestic level, within each of our societies and each of ourStates, as well as clear and effective social action to makeit possible for the children of today to exercise their rightto be the men and women of the future, to protect theirright to become adults who are in charge of their owndevelopment and who can thereby contribute to thedevelopment of humankind and, in their own valuable way,to the building of a better world of peace, justice andliberty.

The President:The next speaker inscribed on my listis the representative of New Zealand. I invite him to takea seat at the Council table and to make his statement.

Mr. Powles (New Zealand): May I begin by sayinghow grateful my delegation is to have this opportunity totake part in an open debate of the Security Council on thismost important matter. I would also like to congratulateyou, Sir, as the representative of Canada, on your country’sleading role at the present time in focusing the attention ofthe international community on the need for an adequateresponse. In addition, I would like to express my thanks tothe heads of the various agencies who have briefed theCouncil in open meetings over recent weeks. The facts theyhave laid before us emphasize the urgency of the taskbefore the Council.

I will not repeat what the experts and others have saidpreviously about the scale of the problem of protecting

civilians in the conflicts at present raging in Africa andEurope in particular. No one disputes the appallingstatistics we have heard. Instead, I want to go straight tohow New Zealand thinks the United Nations shouldaddress the issue. We see two key aspects to the issue:the legal framework and the functioning of the SecurityCouncil.

The distinction between combatants and those takingno active part in the conflict is one of the oldest and mostfundamental principles of international law. I agree withthe observation made by the Permanent Representative ofSlovenia, at the briefing on 12 February, to the effect thatour basic premise should be that current humanitarian lawcomprises all the necessary principles and basic rules.

We have the four Geneva Conventions of 1949,especially the Fourth, and the two Protocols of 1977. TheConvention on the Rights of the Child also bears on theproblem. There are also new standards, such as the codeof conduct on displaced persons elaborated by the UnitedNations High Commissioner for Refugees, which need tobe implemented and incorporated into the body ofinternational humanitarian law.

A recent positive development has been the entryinto force of the Convention on the Safety of UnitedNations and Associated Personnel. Its true effectivenesswill, of course, depend on its wide acceptance, and weurge those Member States that have not yet signed theConvention to do so. We are also interested insuggestions made on several occasions during the twobriefings of the Council on the need to broaden the scopeand application of that Convention, in particular to coverhumanitarian workers, by means of a protocol. We wouldwelcome further discussion on this point.

The adoption of the Statute of the InternationalCriminal Court is an essential step forward in promotingthe protection of civilians. It holds the promise of an endto impunity. The establishment of the Court will send thestrongest message to perpetrators of attacks on civiliansthat they will be held accountable. What we have heardin the briefings given to the Council and in today’s debateso far only adds urgency to the need for early ratificationand the widest possible participation by the internationalcommunity. Obviously, we must together bring the workbeing done in the Preparatory Commission, as we speak,to an early and positive conclusion, so that the Court maybecome a reality as soon as possible. Overall, wewelcome the growing acceptance of the fact that theprotection of individuals transcends the domestic affairs

14


of States. National sovereignty is not an absolute in thiscontext.

With one or two exceptions the basic legal frameworkis sound. The international community now needs to turn itsattention to the effective implementation of the law. A firststep is to achieve greater adherence, for example, to theAdditional Protocols to the Geneva Conventions. We needalso to generate greater understanding of the role ofcustomary international law in this area. Finally, and offundamental importance, the dissemination of internationalhumanitarian law needs our fullest support, so that theknowledge of the basic rules governing armed conflict andhuman rights spreads to all those who bear arms. The workof the International Committee of the Red Cross (ICRC) isoften dangerous and thankless, but always vital, and I takethis opportunity to put on record my Government’sgratitude for the tremendous job it does.

It is appropriate that we address these issues in a yearwhich represents the centenary of the Hague PeaceConference and the fiftieth anniversary of the GenevaConventions. The meetings in The Hague and St.Petersburg, as well as the twenty-seventh InternationalConference of the Red Cross and Red Crescent inNovember, will provide further opportunities for theinternational community to develop ideas and find practicalsolutions to these problems.

I would like now to turn to the practical steps webelieve the Security Council should take towards theprotection of civilians in carrying out its mandate tomaintain or restore international peace and security.

Two of the largest peacekeeping operations everundertaken by the United Nations in fact had a stronghumanitarian purpose. In Somalia, for instance, the UnitedNations peacekeeping operations began with efforts tofacilitate humanitarian aid to people trapped by civil warand famine. In Bosnia the United Nations Protection Force(UNPROFOR) assisted in the provision of humanitarian aidin the midst of a vicious war and sought to imposeconstraints on the belligerents, including through theestablishment of such measures as safe areas for civilians.

In the first half of the 1990s and in the new spirit ofcooperation following the end of the cold war, the Councilshowed it was ready to attempt solutions to humanitarianproblems in high-risk environments. Failure was a constantprospect, and the two operations to which I have referredare in the conventional wisdom these days indeed counted

as failures. I believe nevertheless there is much to belearned from them that could be highly relevant today.

For example, let us look at the safe areas in Bosnia,which were established as an emergency and temporarymeasure in May 1993 after the Council sent a fact-findingmission of its own members into the field. UNPROFORwas subsequently given the task of deterring attacks uponthese areas, and the use of NATO air power to supportUNPROFOR was also authorized by the Council. Theseareas were held for more than two years, shelteringthousands of civilians, albeit in dire conditions and withcontinuing problems regarding their demilitarization.Disaster finally struck at Srebrenica in July 1995 whenthe UNPROFOR positions were overrun. The appallingextent of the atrocities committed is still being revealedas new mass graves are exhumed.

Was the original decision to establish the safe areasa mistake, even morally questionable, given the falsesense of security they may have engendered? I do notbelieve so. There were many other contributing factors,particularly the failure to provide the necessary numbersof troops to sustain the deterrence role, which I will notdetail here.

The transfer of authority from UNPROFOR to theImplementation Force (IFOR) in Bosnia on 20 December1995 in my view marks a watershed in the Council’sapproach during this decade to its responsibilities. I stillrecall reports of the handover occasion when, at theappointed hour, troops designated to stay on with IFORput on their national headgear, some of them stampingtheir blue berets into the ground. Such was the frustrationordinary soldiers had felt at the ambiguities implicit in theUNPROFOR operation.

Since that time it seems the Council has becomeincreasingly unsure of itself in the face of thehumanitarian disasters before it. As Mr. Sommaruga, thehead of the International Committee of the Red Cross,asked at the beginning of his statement to the Council on12 February, does the Council’s interest in humanitarianaffairs not perhaps mask a certain feeling of impotence atthe magnitude of the task that confronts us?

I believe we need a reassertion of leadership fromthe Council, including a willingness to attempt innovativesolutions. This includes at the conflict prevention stagewhere, for example, the United Nations can take pride inthe successful and critically important United Nations

15


Preventive Deployment Force (UNPREDEP) in the formerYugoslav Republic of Macedonia.

If I may offer an example of an innovative approachfrom my own region in which the United Nations now alsohas an important role, I would like to talk very brieflyabout Bougainville in Papua New Guinea. During a little-reported conflict which lasted nine years from 1989, it isestimated that as many as 10,000 people, the vast majoritycivilians, may have died. Following a series of peace talksin New Zealand, a truce-monitoring group, andsubsequently a peace-monitoring group, including personnelfrom my own country, Vanuatu, Fiji and Australia, weredeployed.

Stationed throughout the island, members of the truce-monitoring group and the peace-monitoring group haveliterally had to trek through miles of mountainous jungle tospread the message of peace and monitor the process. Theirjob has not been easy. Language barriers, the heat and thesheer ruggedness of the terrain have proved challenging.But perhaps the most remarkable thing about the conduct ofthis operation on an island where so many lives have beentaken is that our forces took the conscious decision todeploy without any arms. This was to show that they meantno harm and posed no threat to anyone. Indeed, there werealready enough guns on the island. So far the peace processremains on track. New Zealand has welcomed theestablishment of the United Nations Political Office onBougainville and is encouraged by the positive role UnitedNations officials are playing in support of the process.

Finally, the Security Council has perhaps the mostdifficult job in the world. The matters it is called to dealwith include some of the longest-running and bloodiestconflicts since the Second World War. Some of them, forexample Angola, are orphans, as Ambassador Amorimrecently put it, in that their former international sponsorshave no further use for them. The toll on civilians ishorrific. The Council must strive to identify solutions,however, and, critically important, it must remain theultimate and essential source of authority for collectivesecurity action. We look forward to a positive outcomefrom this important initiative on the protection of civiliansin armed conflict.

The President: I thank the representative of NewZealand for his kind words addressed to my country.

The next speaker inscribed on my list is therepresentative of India. I invite him to take a seat at theCouncil table and to make his statement.

Mr. Sharma (India): Let me begin by thanking you,Sir, for giving us the opportunity to speak on this subject.I have read with interest the statements made by membersof the Council on 21 January and 12 February and by theexperts who addressed them. Most of those statements,particularly of the experts, were marked by great emotion,which is understandable. It is natural to be moved bysuffering. We also have deep concerns on the subject.However, no matter how emotive an issue, solutions toproblems must be based on facts and on pragmatism.

This is why we are disturbed by some liberties takenwith history on which the discussions were premised. Itis simply not the case that the targeting of civilians inarmed conflict is an innovation of the 1990s or that itsfrequency has increased. Throughout the colonial warsthat continued into our era, the main victims of theimperial armies were civilians. It is worth recalling thatAdditional Protocol I to the Geneva Conventions, whichdeals with wars of national liberation, was negotiated andadopted only in 1977, after decolonization was almostcomplete. When the colonial Powers fought each other, inincreasingly vicious conflict, ending in the two WorldWars of this century, the distinction between civilians andthose in uniform was lost. Concentration camps, carpetbombing and total war are concepts which have been withus throughout this century. The persecution of civilians inarmed conflict is not a recent, third-world malaise.

Any evolution in the situation has also been slow incoming. Military doctrines based on the first use ofnuclear weapons would cause the wholesale slaughter ofcivilians. Very few soldiers were among the hundreds ofthousands killed in Hiroshima and Nagasaki, and very fewwould be among the hundreds of millions killed in anynuclear exchange. The report which the Secretary-Generalhas been asked to produce for the Security Council shouldtherefore make it clear that, if steps are being taken toeither ban or control weapons, such as landmines or smallarms, that cause civilian casualties, steps must also betaken to outlaw the use of nuclear weapons. However, weknow that the report will not be able to say this, and thateven if it does, the Council will not act on any suchrecommendation. In this matter as in others, politicsdetermines what is possible.

Once we accept that this issue is as deeplypoliticized as any other, we will also understand whymany countries are troubled by the Council’s selectiveactivism. Even in countries affected by conflict that arenot fully functioning democracies, it is usually the casethat outrages against civilians are carried out by terrorists

16


or irregular elements owing no allegiance either to thenation or to any concept of law. Unfortunately, manyGovernments in more placid parts of the world are drivenprimarily by what happens on television, and the mediafeed on horror. Therefore, it is now known to ruthless andambitious men that if they commit atrocities sufficientlyspectacular, media attention will follow, and internationalattention will come in its wake. Having createdhumanitarian disasters, they are then quite willing to havehumanitarian agencies operate in the areas they havedevastated. This offers them several advantages: the defacto acknowledgment that an area is under their control;international attention to the causes they purport torepresent; the lifting of responsibility from their shouldersfor the maintenance of the populations they repress; and,when they can, the appropriation of humanitarian assistanceto sustain their fighters.

These are advantages which Governments under siegeare naturally reluctant to concede those who kill andterrorize their citizens and challenge their legitimateauthority. However, it is then the Governments concernedthat bear the brunt of philanthropic outrage if they do notconcede what is now claimed as the right of humanitarianintervention. Humanitarian assistance becomes an issuebetween the Governments concerned and the humanitarianagencies and donor countries; the protection of civiliansbecomes an excuse for the assertion of political will. Inthese circumstances, humanitarian assistance becomes nota part of the conflict but a tool, indeed a means of wagingconflict, for many who wish to undermine establishedauthority. This is not received wisdom, because it fliesagainst the interests of both philanthropy and realpolitik,but Somalia is a sombre reminder that good intentions bythemselves do not prevent a debacle.

It also worries us that some of the experts who spokein the Council asked for its help in ensuring thathumanitarian agencies had access as a matter of right tocivilian populations affected by conflict. It is important that,in promoting the rule of law, we should not stretch orviolate it. The Fourth Geneva Convention relative to theProtection of Civilian Persons in Time of War makes itclear that, when military necessity so requires, access maybe denied. There is no automatic right of access, and topress for it would violate both international humanitarianlaw and the sovereignty of States. In practice, only strongStates that respect and can enforce the rule of law, withintheir borders and internationally, will be capable ofensuring the human rights of their citizens. WeakeningState authority, particularly that of Governments alreadyunder violent internal stress, through claims of a right of

intervention not only violates international law, it worksagainst the objective of ensuring that civilians underthreat are protected as much as possible.

We are also disturbed by the recommendations madeby more than one expert that targeted sanctions should beused both to ensure the protection of civilians and topunish those who violate their rights. Sanctions are ablunt instrument. Targeted sanctions have had two endsin view: to streamline the process for countries andagencies that impose sanctions, and to try to limit, nothuman suffering in the countries targeted, but the effectson the economic interests of those imposing sanctions.This too is an unpleasant truth that must be faced. Theeffect of sanctions on Iraq is a clear example of howinnocent civilians have suffered for years in the aftermathof a conflict which they did nothing to provoke. Asagainst that, sanctions have not been implemented in otherparts of the world, for reasons on which introspection inthe Council might provide answers. We trust that theSecretary-General’s report will examine these issuesobjectively and in depth.

These issues were considered in depth by theTwenty-sixth International Conference of the Red Crossand Red Crescent in Geneva in 1995. Balancing the rightsof civilians to impartial humanitarian relief, theConference also laid down several important principles,among them the need to build long-term developmentalperspectives into humanitarian assistance, the need forindependence of humanitarian action in times of crisis,and the need to strengthen national capacities to providehumanitarian and development assistance and protectionto the most vulnerable. It also expressed concern aboutthe humanitarian consequences of economic sanctions,including those imposed by the United Nations. These areprinciples which should be respected.

We have repeatedly heard that there are enoughinternational instruments for the protection of civiliansand that what we need to do is make sure that they arehonoured. What the Council needs to consider is how thisis to be done. By definition, international instruments aresigned by Governments, most of which honour them; ifthey do not, they can be held accountable. But mostviolations of human rights are committed by elements andforces that are accountable to no one, who have nointerest in international humanitarian law or in beingeducated in its niceties, and have signed no agreements torespect it. However, when a country situation is underdiscussion, blame is ascribed to the body that is at handand accountable — the Government — though it may not

17


be responsible for the outrages and be powerless to preventthem. The Council is as impotent as any other body inthese situations, having very little influence over the actionsof irregular forces, terrorists and warlords. We wonder,therefore, how, in practice, it will implement the elementsof the presidential statement issued on 12 February.

A fundamental issue is how to distinguish a civilianfrom an armed adversary in conflicts where at least one ofthe parties deliberately does not put its fighters in uniform.Children, as we have repeatedly been told, are under arms,but so are women. While some armed forces in the Westhave recently conceded to women the right to go intocombat, this dubious privilege has existed in other parts ofthe world for many years, particularly in irregular warfare.When a civilian cannot be distinguished from a soldier andneither sex nor age guarantee civilian status, the chances ofgenuine civilians’ being killed in conflict increase sharply.The alternative is for regular armed forces to exposethemselves to risks and casualties that can be unacceptablyhigh. This is a tragic but real operational conundrum andcannot be ignored.

So, too, is the problem, addressed by others in thisdebate, caused by the shift over the last decades in thestatus of refugees. From Afghanistan in the 1980s to theGreat Lakes in the 1990s, refugees have been seen byinterested parties as an asset of war, fighting forces havebeen recruited from refugee camps and the campsthemselves have been used as safe havens from whichcross-border raids are carried out. This blurring of thedistinction between combatants and civilians in distress hascreated serious dilemmas, not least for the United NationsHigh Commissioner for Refugees.

We have heard repeatedly that the nature of war haschanged and that civilians are now targets as they have notbeen before. As I said, this ignores historical reality, but,even more, none of the many examples that have beengiven have addressed a basic problem inherent in the natureof war. During the Gulf War, it was believed that theGovernment of Iraq had moved civilians, includingforeigners, into the vicinity of targets that would have beenattacked by the coalition. The Security Council, throughresolutions 664 (1990) and 674 (1990), condemned theseactions. If, however, the Iraqi Government had continued tokeep civilians near those targets, would the coalition havedesisted? Almost certainly not, because the GenevaConventions clearly lay down that the presence of civilianscannot be invoked to seek protection for a legitimatemilitary objective.

Unfortunately, most Governments which have tohandle conflicts where armed elements regularly usecivilians as shields do not have the means of having theSecurity Council adopt resolutions condemning thepractice of their enemies. State forces are asked to holdtheir hand or — if they do not and civilian casualtiesresult — are condemned for not having acted accordingto the highest standards of international humanitarian law.Here again, unfortunately, there is a clear disparity oftreatment: The powerful can invoke the law and can getaway with actions, even when such actions are in breachof the laws of war; the weak suffer opprobrium andcensure.

Irrespective of whether the nature of war haschanged or not, no war can be fought unless thecombatants have weapons and money to sustain conflict.The manufacture of weapons, including the small armsand light weapons with which the majority of conflictshave been fought in the 1990s, is still largely theprerogative of a few developed countries. OtherGovernments have cynically or for political gain sentarms across borders to sustain insurgencies. TheseGovernments must take the responsibility of controllingor stopping the flow of arms that fuel or sustain conflict.These are patterns of behaviour that must be checked; itwould be interesting to see what the Security Councildoes to contain or prevent these practices.

There is a further point involved, brought upcourageously by Special Representative Otunnu, and thatis the role of major business interests in fomenting andfinancing conflict. This has two aspects, the obverse ofthe problems faced by Governments accused of humanrights violations committed by elements outside theircontrol. First, when business interests from the developedworld provoke or sustain conflicts, as is currently the casein more than one ongoing conflagration, the Governmentsconcerned shrug off responsibility on the grounds thatthey cannot be held responsible for the operation ofmultinational business concerns. Secondly, the supply ofarms over which there are no national controls is justifiedon the grounds that these are commercial operations,subject only to the rules of the market place, which opencapitalist societies cannot curb. And, as a further twist,some Governments believe and contend that the armsindustry is so significant a component of their economiesthat their exports must necessarily be encouraged tomaintain the health of the industry and of the nationaleconomy. In other words, lives in a distant continent area necessary sacrifice to ensure that economies in thedeveloped world continue to flourish.

18


Finally, two problems, neither of them new, but whichsingly and together have given a new virulence to violenceagainst civilians: The first is racism and the other theproblem of mercenaries. The first problem has been hintedat by several speakers in the debate; it needs to be facedopenly because it has surfaced, not only in conflicts, but inseveral United Nations peacekeeping operations. It issignificant that no United Nations contingent from adeveloping country has ever been accused of racistviolence; it is equally significant that very few soldiersguilty of racist violence in the course of United Nationsoperations have ever been seriously punished. If the UnitedNations cannot uphold the highest standards, it can hardlycarry authority in prescribing good behaviour to others.

Related to this is the scourge of mercenarism. A verylarge number of conflicts are now sustained by mercenaries.Almost invariably, these are foreigners, often from distantlands and therefore men without the slightest concern forthe lives of the civilians in the country where they fight forgain. Some of the worst outrages against civilians havebeen committed by mercenaries and, by definition, unlessthis practice is curbed, violence against civilians will beendemic wherever they operate. However, in the guise ofsecurity agencies’ hiring personnel laid off by armed forcesthat can now shed staff, their number is on the increase,often encouraged clandestinely by agencies in the countriesconcerned. We would be interested in seeing how theCouncil deals with this problem.

I have spoken almost exclusively about the problemsthat we see in the way this issue has been handled. This isnot to say that we underestimate the gravity of the problemor belittle the efforts of those agencies and individuals whohave made enormous efforts, and sometimes supremesacrifices, to protect civilians in situations of armedconflict. We honour their efforts and we salute the men andwomen involved. As I have said, this has to be a matter ofthe gravest concern to the entire membership and one towhich it would like to see improvements.

However, what we are discussing is an extremelycomplex matter and, if we are not to cause problemsthrough misguided benevolence, it is necessary to addressthe paradoxes and difficulties which face anyone who hashad to grapple with these issues, not in the comfort of thisChamber, but on the ground. There are some questions towhich there are no easy answers; a simple answer might bethe wrong one and create more difficulties in the long run.Our interest is in making sure that the internationalcommunity examines this complex and multifaceted issuein depth, before the Council is authorized to take any action

on its behalf. It is in that spirit that we have spokentoday.

The President: The next speaker is therepresentative of Ukraine. I invite him to take a seat atthe Council table and to make his statement.

Mr. Yel’Chenko (Ukraine): One could hardlyoverestimate the importance and practical usefulness o fthe discussion that took place in this room 10 days ago.We would like to thank the delegation of Canada forinitiating and organizing this open briefing that gave usan excellent opportunity to see live debate in the SecurityCouncil and to listen to a broad exchange of views andproposals aimed at finding effective ways and means toprotect civilians in armed conflicts. We are also gratefulto the Canadian delegation for inviting non-members ofthe Council to respond to the briefing and to provideguidance on the content of the Secretary-General’s reportrequested in the Presidential Statement of 12 February1999.

It is indeed not easy to add something new to theexamination carried out and ideas expressed during themeeting. In my statement I would like to emphasize a fewimportant points that, in our opinion, the report of theSecretary-General should address specifically.

We believe that, before formulating therecommendations to the Security Council, the report ofthe Secretary-General should in the first place contain ananalysis of the causes of contemporary conflicts. As hasalready been pointed out by a number of speakers,present-day conflicts are in most cases civil or inter-ethnicwarfare of non-international character in which the mainpurpose of the warring sides is not to subdue the rivalgroup but rather to eliminate or banish it. In suchconflicts, civilians are not simply collateral victims ofatrocities committed by one or both sides but a directtarget thereof. For the same reason, the efforts ofhumanitarian organizations bringing desperately neededhelp to those suffering from horrors of war — and eventheir presence — are most unwelcome to the perpetratorsof mass killings and ethnic cleansing.

The growing number of armed conflicts, as well astheir brutal character, is to a large extent the result ofpoverty and decreasing resources that bring aboutextensive migrations of population, unemployment andgrowth of crime. Sometimes a mere spark can kindle theflame of long and bloody warfare, especially in the areaswith a population of mixed ethnic or religious

19


composition. In this connection, it is important not tooverlook the role of sustainable economic development,preservation and strengthening of the fabric of societies’and education in eliminating the causes of conflicts and intheir prevention.

During the discussion, several speakers touched uponthe issue of sanctions. Economic sanctions are a powerfulinstrument which should be resorted to with great caution.We strongly support the idea that they must be usedappropriately to target those responsible and not to increasesuffering of women, elderly and children who are the primevictims in times of war. They also should not contribute tothe deepening of poverty which in many cases is the mainsource of conflict. For this purpose, the Security Councilshould, in our opinion, give careful consideration to thepotential social, economic and humanitarian impact ofsanctions on the population of the target State and in thirdcountries prior to the imposition of sanctions. Following theimposition of sanctions, the Secretariat should be entrustedwith the task of monitoring their effects with a view toproviding the Council with possible options so thatappropriate adjustments and changes could be introduced tothe regime of sanctions in order to mitigate their adversecollateral effects.

Another important aspect which should be addressedin the report of the Secretary-General is the measures toprevent illicit arms flows into the areas of armed conflictand the role of the Security Council in enforcing suchmeasures. This study could also include proposals on thereduction of legal arms trade in the areas where internalinstability and tension may easily turn into war if nomeasures of restraint are exercised by the internationalcommunity.

My country supports the efforts of the internationalcommunity aimed at ensuring respect for the rules ofinternational humanitarian law. Ukraine is a party to thetwo Protocols Additional to the Geneva Conventions andrecognized the competence of the International Fact-FindingCommission. The Commission deserves a wider recognitionby States, for its primary task is not only that of fact-finding but also to facilitate the restoration of respect forthe humanitarian law in general, as well as protection of thelegitimate rights and interests of the victims of armedconflicts.

My country supported the initiative to establish aninternational criminal court and was actively involved inthis process through participation in the work of thePreparatory Committee and the Rome Diplomatic

Conference. In Rome, we witnessed a historic momentwhen the idea of establishing an international criminalcourt was finally accomplished, thus successfully fulfillingthe work that had been in progress over the past fiftyyears. The establishment of the International CriminalCourt (ICC) will provide an indispensable element inprotection of victims of armed conflicts and instrengthening international humanitarian law through aneffective judicial institution of universal character. We areconfident that it will receive a worldwide support throughthe process of subsequent ICC Statute acceptance.

Of no less importance is the universal acceptance ofthe Anti-personnel Mines Convention, which is about toenter into force. Bearing in mind the significance of thisinstrument for the protection of civilian populations inarmed conflicts, the Government of Ukraine decided tosign the Convention before 1 March 1999.

The President:I thank the representative of Ukrainefor his kind words addressed to my delegation and invitehim to resume the seat reserved for him at the side of theCouncil chamber.

The next speaker inscribed on my list is therepresentative of the Republic of Korea. I invite him totake a seat at the Council table.

Mr. Cho Chang-Beom (Republic of Korea): I wishfirst of all to express my delegation’s gratitude to you,Sir, for your initiative to organize today’s open debate onthe important issue of the protection of civilians in armedconflict. We applaud Canada’s firm commitment, both topromoting the awareness of the international communityon the new challenges facing human security and toenhancing the transparency of the work of the SecurityCouncil. My thanks should also go to Mr. Sommaruga,President of the International Committee of the RedCross; Ms. Bellamy, Executive Director of the UnitedNations Children’s Fund; and Special RepresentativeOtunnu for their insightful briefing in this Chamber on 12February 1999, as well as for their distinguished servicein the cause of humanity.

The end of the cold war did not end the plight ofcivilian populations. In many parts of the world, armedconflict and civilian suffering therein continue withalarming intensity and growing frequency. In particular,children, women and other vulnerable groups aresubjected to unlawful attacks and abuses in manydeplorable ways. Moroever, an ever-increasing number ofthose who volunteer to help civilians in conflict situations

20


find their lives threatened or sacrificed. Overall, thechanging nature of intra-state conflicts seriously underminesthe respect for international humanitarian law, posing agrave threat to human security.

My delegation believes that the time has come for theinternational community to mobilize the collective will tocope with these challenges. It was with this belief that myGovernment, holding the presidency of the Security Councilfor the month of May 1997, took the initiative to organizethe first open debate on the related issue of protection ofhumanitarian assistance to refugees and others in conflictsituations. We are happy to note today that our initiativehas since been built upon by like-minded members of theCouncil. We are confident that your initiative with abroader focus, Sir, will further contribute to the discourseon what the Security Council, and indeed internationalcommunity as a whole, can do to stem the large-scalecivilian suffering increasingly prevalent in conflictsituations.

Already, during the open briefing of 12 February,many constructive suggestions were made by thoseproviding the briefing, as well as by members of theCouncil, on how to promote the protection of civilianpopulations affected by armed conflicts. While we believethese suggestions deserve the broad support of theinternational community, we wish to especially highlightthe following points, given the high priority we attach tothem.

My first point relates to the role and responsibility ofthe Security Council. As the representative of Canadamentioned in the previous open briefing, promoting theprotection of civilians in armed conflicts is central to theCouncil’s mandate. In our view, the Council’s primaryresponsibility for the maintenance of international peace andsecurity should not be limited to its involvement in theissues related to the traditional concept of States’ security.Ultimately, the security of States cannot be fully ensuredwithout the security of the people living in those Statesbeing properly protected. Therefore, the Council should beencouraged to take a proactive approach to enhance itsactive engagement in the issues of human security, such asproviding assistance to and protection for civilians in armedconflicts.

My second comment concerns the strengthening of theinternational legal-enforcement framework in order tocombat the culture of impunity. As we are all aware, thisyear marks the fiftieth anniversary of the GenevaConventions and the centenary of the first Hague Peace

Conference. It is indeed timely for the Council to takestock of its unprecedented efforts to be directly involvedin punishment for war crimes and other violations ofinternational humanitarian law in the former Yugoslaviaand Rwanda. Lessons learned from these efforts will beinstrumental in strengthening the future working of theexisting ad hoc tribunals. They will also shed useful lighton the ongoing preparatory work for the early entry intooperation of the new permanent International CriminalCourt. The Republic of Korea remains firmly committedto the cause of the early establishment of the InternationalCriminal Court. We are sure that promoting this causewill strengthen the principle of the rule of law and makean enormous contribution to the cause of the protection ofcivilian populations.

Thirdly, we believe that the Security Council shouldpay greater attention to various root causes of civiliansuffering in armed conflicts, in particular to illicit arms-trafficking and anti-personnel landmines. My delegationhas emphasized its view on various occasions that, withwell-established cross-border arms flows, country-specificarms embargoes do not suffice to stem the illicittrafficking of arms. In this regard, we join the recentappeals of the Secretary-General for a regional approachto finding practical ways to stem the illicit flow of armsto and within given regions.

Mine clearance has now become a global agendarequiring global action. In both conflicts and post-conflictsituations, demining is an urgent precondition for securingthe minimum safety of civilians. In this regard, we hopethat the United Nations Mine Action Service willstrengthen its role as a focal point within the UnitedNations system. Since 1996 my country, as a donor to theMine Action Support Group, has actively participated inmine-clearance activities in Cambodia, Tajikistan andEthiopia.

Fourthly, we would like to emphasize the obligationof all States and non-State actors under international lawto ensure humanitarian access to all those in need. Theinternational community should consider more forcefulmeasures, such as the imposition of sanctions specificallytargeted against those that do not provide or who wilfullyobstruct access of humanitarian organizations.

In this connection, we would also like to draw theattention of the Council, once again, to the need forensuring the security and safety of United Nations andhumanitarian personnel. We welcome the entry into forceof the Convention on the Safety of United Nations and

21


Associated Personnel in January of this year. We hope thatadequate follow-up measures will be taken to secureuniversal adherence and to further expand the scope of thisConvention. As Under-Secretary-General De Mello aptlypointed out in his open briefing to the Council last month,ways and means should be explored to cover all situationsin which United Nations and associated personnel,including national staff, are deployed, and to ensure itsimplementation by non-State actors.

We believe that there are many other related areas theCouncil can look into in order to improve the security andsafety of United Nations and humanitarian personnel. Inthis connection, my delegation welcomes and hopes for theearly translation into action of the specific recommendationcontained in Council resolution 1208 (1998), to include inthe United Nations Stand-by Arrangements military andpolice units and personnel trained for humanitarianoperations, together with relatedmatériel.

Last but not least, we cannot fail to address the plightof children in armed conflicts, as eloquently pointed out byMs. Bellamy and Mr. Otunnu. My delegation, through itswork as a member of the Security Council for two years,learned with consternation the truth about the horriblepractice of using child soldiers in many conflict situations.We deplore that this practice and other atrocities involvingchildren still continue unabated. It is very clear to all of usthat the international community should do everything in itscapacity to ensure that this awful practice ceasesimmediately. In this context, my delegation wishes to seean early adoption of the optional protocol to the Conventionon the Rights of the Child regarding the involvement ofchildren in armed conflicts. Among other important issues,we hope that consensus will soon emerge on the minimumage of military recruitment.

The international community has to rise to thedaunting challenge of providing adequate security for allthose in need of protection and their protectors. The timefor action has come. We hope that the views expressedtoday will be reflected in the report of theSecretary-General as requested by the presidential statementof 12 February 1999, as well as in the Council’s follow-upaction on this issue. We further hope that such action willbe taken in close collaboration with other United Nationsorgans and agencies, as well as with the United Nationsmembership as a whole.

I would like to conclude by reiterating that myGovernment stands ready to continue to make contributions

in this regard and to work together with interestedmembers of the Council.

The President: I thank the representative of theRepublic of Korea for his kind words addressed to meand to my country.

The next speaker is the representative of Indonesia.I invite him to take a seat at the Council table and tomake his statement.

Mr. Effendi (Indonesia): Let me begin by extendingto you, Mr. President, our appreciation for convening thisopen meeting on an issue of such great importance.

It is indeed disturbing, as the world moves towardsthe twenty-first century and a new millennium of hopeand great expectation, that the international communityfinds itself ever more frequently faced with civiliancasualties, including children, in armed conflicts — all themore so as this year we observe the fiftieth anniversaryof the Geneva Convention.

Even more tragic is the fact that, while the GenevaConvention relative to the Protection of Civilian Personsin Time of War is founded on the principle that thehumane treatment of inhabitants serves the values ofhumanity and decency to which all sides may subscribe,we find that in contemporary warfare combatants havedeliberately targeted civilians as a means of pursuing theirobjectives.

Thus, while the international community has crafteda rather comprehensive framework of internationalhumanitarian law, the rights of displaced persons andrefugees and the human rights of civilians in situations ofarmed conflict are often neglected. Therefore, the stressis and should be on their implementation. In this context,as international law does not take precedence overnational law, a balance must be sought so as not toviolate national sovereignty or the purposes and principlesof the United Nations Charter. Experience shows that inthe long run, such violations will only exacerbate thesituation and worsen conditions.

Of equal concern to the international community isthe growing threat faced by humanitarian workers, whorisk their personal safety for the noble purpose ofalleviating suffering and hardship. Assaults onhumanitarian operations are particularly threatening in thelight of the fact that the vast majority of conflicts occurwithin States. They are almost always accompanied by

22


large-scale internal displacement and refugee flows and callfor a United Nations presence and a rapid and effectiveresponse by its various agencies and funds. We must securethe protection of humanitarian personnel if this aspect ofthe Organization’s work is to successfully continue.

In this regard, we concur with the assertion of thePresident of the International Committee of the Red Crossthat the bottom line for any action by humanitarianorganizations is that it must have received the consent ofeach and every party concerned.

Many have called for the root causes of conflicts to beaddressed and have clearly voiced their view that a linkexists between social and economic development and peaceand stability. Indonesia concurs that effective measures forthat purpose could be achieved through close cooperationbetween the Security Council, the General Assembly andthe Economic and Social Council, and that none isequipped to exclusively and comprehensively deal withthose issues.

When they met in Durban in September last year, theheads of State or Government of the non-aligned countriesstressed the need to differentiate between peacekeepingoperations and humanitarian assistance. Indeed, they aretwo different kinds of responses to two different kinds ofsituations. In the past few years we have witnessed thatpeacekeeping operations have little chance of success whenaddressing humanitarian situations. On the other hand, it isvery difficult for humanitarian organizations to maintaintheir impartiality and neutrality if escorted by armed guards.This dilemma is not new, as our predecessors would havetestified 50 years ago in Geneva. But the United Nations isequipped to address this very difficult but very importantissue.

In concluding, I should like to reiterate Indonesia’sstrong support for the humanitarian operations of the UnitedNations, as well as the need for the Organization tostrenuously work to uphold established internationalhumanitarian law. We will continue to contribute to thateffort.

The President(interpretation from French): The nextspeaker inscribed on my list is the representative of Togo.I invite him to take a seat at the Council table and to makehis statement.

Mr. Kpotsra (Togo) (interpretation from French):First of all, allow me to express to you, Mr. President, theappreciation of the Group of African States for your

initiative in organizing a public debate on such animportant subject, which, as current events are showing,represents one of the major challenges facing theinternational community today. This initiative aloneillustrates the steadfast dedication of your country,Canada, to strengthening the protection and the promotionof human rights and of international humanitarian law.

Just a few months before the advent of the thirdmillennium and on the fiftieth anniversary of the GenevaConventions — which also coincides with the centenaryof the first International Peace Conference of TheHague — it is very distressing to note that civilians todayconstitute the vast majority of victims of armed conflicts,and that among those civilians, women, children and othermembers of vulnerable groups are deliberately used aspriority targets by the combatants.

Given that state of affairs, it seems natural to us thatthe Security Council should seek additional measureslikely to lead to an improvement of the physical and legalprotection of civilians in situations of armed conflict.

In taking the floor at this stage of the debate, I willlimit myself to those aspects that in my view need to beanalysed and to which we need to attach priority if, asMembers of the United Nations, we want to improve theplight of civilian populations in armed conflicts.

At the normative level, it is important to emphasizethat, despite the specific nature of today’s armed conflicts,the international community seems to have at its disposala sufficient arsenal of legal instruments to protect civilianpopulations. Aside from the lack of a framework, as hasbeen noted, to deal with displaced persons — a gap thatshould be filled as quickly as possible — now seems tobe the time to stress the promotion of broad adhesion toand the effective implementation of the rules that havebeen laid down by existing instruments.

23


Greater respect for the norms can be guaranteed onlyif the parties to a conflict, whoever they are and regardlessof the nature of the conflict, can no longer enjoy impunity.To that end, everything possible must be done to bringthose guilty of massive and systematic abuses to justice fortheir crimes. In this context, the establishment of theInternational Tribunals for the former Yugoslavia andRwanda and the statute of the International Criminal Courtare definite steps in the right direction.

But the actors in conflicts, be they inter- or intra-State,will not really feel bound to abide by limits in waginghostilities unless they are aware that the end does notalways justify the means and that, at the end of the day,their military victory, their revolution or the cause theychampion will not obtain the approval or the recognition ofthe international community as a whole, if on the way toachieving their goal, they have flouted humanitarianprinciples and rules.

It is in this context that the idea of finalizing a codeof conduct for the business community seems worthy ofinterest to us. It is clear that the swarming that takes placein business circles, often seen during conflicts, contributesin one way or another to fuelling the machine that makeswomen and children victims of abuses. Often in the mindsof the actors in a conflict, the image to be cultivated andproper conduct in operations are of little importance, oncethese actors are certain that control of the timber sector, ofoil wells or of diamond mines guarantees them resourcesand the acquisition of weapons.

Moreover, in particular regarding the situation ofchildren in armed conflicts, it is urgent that everything bedone to assure them greater protection. Children are thefuture of any society, and therefore there can be nohesitation in strengthening norms promoting protection ofchildren, in agreeing to put an end to the use of children inconflict situations and in accepting that they cannot be usedin military operations before the age of 18.

The African Group, for its part, hopes that the reportexpected from the Secretary-General will fully take intoaccount the essential points of the guidelines laid down on12 February 1999 by the Special Representative of theSecretary-General for the protection of children in armedconflict.

Finally, the promotion of the security of civilians,including the personnel of humanitarian organizations, alsodepends on concrete, decisive and courageous measuresdesigned to halt arms flows towards zones of instability and

conflict, be they light and small-calibre weapons, moresophisticated and heavier weapons or anti-personnelmines.

Here, too, there is a need to draw up a code ofconduct that the arms-producing countries should imposeon themselves and see that it is respected by theirindustries and corporations working in this domain. Suchmeasures are not at all out of reach if they are based ona genuine political will.

Likewise, when we are aware of the zeal with whichalleged terrorists are tracked down, in every corner of theglobe, it is difficult to understand why, despite the tirelessappeals launched by the overwhelming majority of States,nothing significant has ever been carried out at thenational level to prevent the recruitment and use ofmercenaries, which, as has been proved, contributes to theflouting of the rules of international humanitarian law.

These are the elements that, according to the Groupof African States, deserve to be taken into account in anyeffort aimed at providing greater protection to civiliansduring armed conflicts.

The President(interpretation from French): I thankthe representative of Togo for his kind words addressedto me.

(spoke in English)

The next speaker inscribed on my list is therepresentative of the Dominican Republic. I invite her totake a seat at the Council table and to make herstatement.

Ms. Aguiar (Dominican Republic) (interpretationfrom Spanish): Allow me to express the appreciation ofthe delegation of the Dominican Republic for theexcellent initiative of holding this open meeting on theFourth Geneva Convention, whose objective is theprotection of civilian populations in armed conflicts, thusoffering non-members of the Council the opportunity toparticipate in a matter that is so closely related to theconcern for collective security.

My delegation wishes in particular to acknowledgethe work being carried out by the International Committeeof the Red Cross (ICRC) on behalf of affectedpopulations and the clear and precise statement made byMr. Sommaruga before the Council at its meeting on 12February 1999. We also welcome the determined and

24


energetic position of Ms. Carol Bellamy, Executive Directorof the United Nations Children’s Fund (UNICEF), who hasunderstood perfectly the magnitude of our responsibility tofuture generations and the vital importance of protectingchildren as one of the sectors whose vulnerability puts injeopardy the very existence of the human race on our blueplanet.

We also wish to recognize Mr. Olara Otunnu, theSpecial Representative of the Secretary-General forChildren and Armed Conflict, for his precise analysis of thecomponents of this complex problem.

The matter before us offers us a splendid platform forphilosophical reflection, on the eve of a new century and anew millennium, on the role of our Organization in theconfiguration of international relations within internationalsociety, particularly through the action of its executiveorgan, the Security Council.

In the preceding statements considerable concern hasbeen expressed for the difficult situation of children, thefuture of any society, in armed conflicts. My delegationinvites the members of the Council to carefully study theprogramme of peace and security for children advocated byUNICEF. This would serve as a contribution to the problemposed in the formulation of practical proposals for possiblesolutions.

The effects of sanctions on children are also cause forgreat concern. In proposing sanctions, we should considerthe effects that they can have on children and on othervulnerable groups of society. It is unacceptable that, as aresult of poorly targeted sanctions, there has been adramatic increase in the infant mortality rate in somecountries.

There is a common thread running through thepreceding statements that makes unequivocally clear one ofthe characteristics of the recent armed conflicts that haveled to political or military action by this Organization: thefact that their first and principal target has been the civilianpopulation, in particular its most vulnerable sectors —children, women, the elderly, the sick, refugees andinternally displaced persons. These categories of people areoften the victims of conflicts in which all means are used,even the most reprehensible.

We are also witnessing a growing disregard for theapplication of the principles of humanity, independence andimpartiality. Attacks against the personnel of organizationsthat provide humanitarian assistance have become an

everyday occurrence. The deterioration of the conditionsin which humanitarian action can be provided, a result ofthe excesses of politicization, have increased thevulnerability of those who are supposed to be served bythat action.

Nonetheless, we note also that internationalhumanitarian law is a body of well-defined norms whoseapplication does not, however, meet all the expectationsof its immediate beneficiaries. We all agree that resolvingthe problem we are considering today — protection ofcivilian populations in armed conflict — requires amechanism to punish non-compliance with the norms ofinternational humanitarian law, together with action aimedat preventing violence and abuses.

The search for an effective solution brings us backto our initial idea of philosophical reflection on the futureof world society and of the role of individuals within it.

According to the information provided by some ofthe speakers that have participated in this debate, mostarmed conflicts of concern to us do not have thecharacteristics of international conflicts in the strictestsense, but rather of internal conflicts in which certainwarring parties are neither States nor armed forcesdependent on a State — although it is, of course,impossible to generalize.

Hence we have seen that conflicts caused by “ethniccleansing” are part of a State policy. Others are caused bythe actions of so-called liberation forces that are no longeroperating against a colonial State. Both of these variablesmake the application of the different legal categories ofhumanitarian law even more complex.

But as was stated by the Permanent Representativeof Slovenia, the objective of United Nations humanitarianactivities should be human security, with the key beingphysical, not just legal, protection. In order to makeheadway in this direction, it is important that the politicaland possibly the military action undertaken by theSecurity Council complement and not compete with thejurisdictional action of the system’s judicial organs.

No rule of law can be fully effective if non-compliance by States and by individuals does not resultin jurisdictional sanction.

25


The international community has done a great dealrecently to put an end to the related problem of impunity.Examples are the establishment by the Security Council ofthe International Tribunal for Rwanda and of theInternational Tribunal for the former Yugoslavia, as well asthe recent adoption of the Statute of the InternationalCriminal Court. The adoption of that Statute on 17 July1998, at the conclusion of the Rome DiplomaticConference, represents a concrete step towards the moreeffective protection of civilian populations in armedconflict.

Above and beyond preventive action — througheducation and training, the prohibition of the use of certaintypes of weapons with indiscriminate effects and theprohibition of the recruitment of child soldiers — the fightagainst impunity, which is the basis for the creation of thisindependent jurisdictional organ that is nonetheless relatedto the United Nations system, gives rise to fresh hope forthe defenceless, whose demands for justice can no longerbe ignored. It is vital that all States provide their assistanceso that the Statute can enter into force as soon as possible.

Likewise, we believe that humanitarian action must bedistinct and separate from purely political action, so that itcan meet its goal of helping populations at risk,independently of the actions of Governments. Humanitarianaction must be provided unconditionally so that it canrecover its legitimacy.

We believe that this is also an opportunity for ourOrganization to reflect on how, as we face the newmillennium, we can establish mechanisms to harmonize thevarious elements of the human family — individuals andordinary citizens. That is because the mandate of theCharter of the United Nations begins with the principle ofsaving succeeding generations from the scourge of war,which has proliferated in this century and whose principalvictims are civilian populations. The organizationalstructures of our political societies must not betray theaspirations of the individuals of whom they are composed.

From the eloquent statements made during thismeeting, we can see that there is no easy way to tackle theroots of this evil. The delegation of the DominicanRepublic wishes, in conclusion, to point to poverty as oneof the fundamental root causes of conflict. It is increasinglyclear that poverty has the potential of becoming the mostimportant threat to international peace and security. For thisreason, the delegation of the Dominican Republic believesthat experience has shown that resolutions and agreementsdo not suffice. International legislation must be

complemented by concrete measures to provide assistanceto the neediest.

It is important that ideas be accompanied by acertain level of resolve, as a commendable way of findingsolutions to conflicts and disputes using all the peacefulmeans at our disposal.

The President: I thank the representative of theDominican Republic for the kind words she addressed tome.

The next speaker inscribed on my list is therepresentative of Guatemala. I invite him to take a seat atthe Council table and to make his statement.

Mr. Lavalle-Valdés (Guatemala) (interpretationfrom Spanish): On behalf of the Government ofGuatemala, I wish to express my gratitude for thisopportunity to participate in this important meeting of theCouncil. I wish also to congratulate you, Sir, on yourassumption of the presidency and on your outstanding andskilled leadership. We also express our appreciation toyour predecessor for the exemplary way in which hedischarged his mandate.

The issue now before us, so eminently humanitarianin nature, is the legitimate source of deepest concern tothe international community. There are ample grounds forany non-member of the Council to speak today in orderto associate its concerns with those so well expressed inthe two meetings that the Council has devoted to thisissue this year and in this meeting as well.

Unfortunately, however, Guatemala also haspowerful additional reasons to express today the profoundconcern of its people and Government over the tragicissues being discussed at this meeting.

As you know full well, Sir, and as I am certain allof those present are also aware, it was only in late 1996that we saw the definitive end to a 36-year period inwhich Guatemala and its people suffered the horrors of afratricidal internal conflict. That year, our President,Alvaro Arzú Irigoyen, described that confrontation to theGeneral Assembly as “a dirty war that crushed entirevillages and compelled many people to flee”. (A/51/PV.8,p. 4)

The conclusion of that traumatic conflict, which wasas savage as it was unnecessary and futile, was broughtabout through the painstaking efforts made, with the

26


inestimable assistance of the United Nations, by the partiesto the conflict. Those efforts led to a series of specificagreements that concluded with the signing, in December1996, of the Agreement on a Firm and Lasting Peace. Mycountry, with the assistance of the United Nations and therest of the international community, is now involved in theprocess of implementing the accords.

One misfortune that we particularly deplore is the factthat our long internal armed struggle was not an exception,but rather a confirmation of a tragic characteristic of currentarmed conflicts — in other words, a conflict in which thenumber of civilian victims is much higher than that ofcombatants. It is true that, to a great extent, we haveachieved the return to their homes of those who wereinternally displaced by the armed conflict, as well as theresettlement of those uprooted. Measures have also beentaken to stabilize and improve the situation of all civiliansaffected by the confrontation. However, even if these andthe other problems afflicting the country are resolved, itwill of course be impossible to heal all the physical andpsychological wounds left by so many years of atrociousviolence. Nor will it be possible to erase from the collectivenational memory the painful recollection of so muchsuffering.

Guatemala therefore fully shares the concern expressedby the Council, in its presidential statement of 12 February1999, on “the widening gap between the rules ofinternational humanitarian law and their application”.(S/PRST/1999/6, p. 2) We support the appeal made in thatstatement for strict compliance with the norms ofinternational law by the countries affected by armedconflicts. We are also pleased that the statementunderscored the importance of the historic HagueConventions, in which the relevant customary law isreflected, as well as the Geneva Conventions of 1949 andtheir Additional Protocols of 1977, treaties to whichGuatemala is a party, as it is to the United NationsConvention on the Rights of the Child, the importance ofwhich is also emphasized in the statement.

The statement also stresses the harmful impact of theproliferation of weapons, especially small arms, on thesecurity of civilians. This prompts me to mention withsatisfaction the cooperation between Guatemala and theDepartment of Disarmament Affairs of the United NationsSecretariat on the convening in our country of a seminar inNovember last year on this important issue and a related aproblem.

We are all aware that there are differing opinions onthe perfectibility of human nature. The spread of aphenomenon that has been commented on of late by themedia and in this meeting makes us believe not only thathuman nature cannot be perfected, but that humankindmay in fact be in a state of clear moral degeneration. Iam referring to the recruitment of children to the ranks ofcombatants, including in conflicts characterized by thecommission of atrocities. We hope that the reportrequested of the Secretary-General in the statement towhich I have referred will give due and thoroughattention to the question of the participation of children inarmed conflicts.

Guatemala eagerly awaits that report and hopes that,if it is not possible to bring about a definitive end toarmed conflicts of all types, there will at least be strictrespect for the international humanitarian law applicableto them. We hope that the report will make an importantcontribution to the achievement of that intermediate goal.

The President: The next speaker is therepresentative of El Salvador. I invite him to take a seatat the Council table and to make his statement.

Mr. Castaneda-Cornejo (El Salvador)(interpretation from Spanish): My delegation appreciatesthe invitation to participate in this meeting of the SecurityCouncil, which you, Sir, have wisely convened, to debatethe important humanitarian issue of the protection ofcivilians in armed conflict. Canada has alwaysdistinguished itself by an honourable, consistent andoutstanding involvement in United Nations efforts toachieve international peace and security, in particular byits humanitarian devotion to alleviating the suffering ofcivilian populations in armed conflicts. Your owndiplomatic work, Sir, confirms this.

This meeting to discuss the subject of the protectionof civilians in armed conflict is of great significance tothe international community. It makes it possible to studythe mutual interrelationship between the political action ofthe Security Council and the work of humanitarianassistance personnel to protect and assist civilians inarmed conflict.

We support the valuable views expressed by Mr.Cornelio Sommaruga, President of the InternationalCommittee of the Red Cross; Ms. Carol Bellamy,Executive Director of the United Nations Children’sFund; and Mr. Olara Otunnu, the Special Representativeof the Secretary-General for Children and Armed Conflict

27


during the meeting held by the Security Council on 12February 1999. We also endorse and support the importantpresidential statement issued on behalf of the members ofthe Security Council on that same date, which expresses thepolitical interest of the international community in adoptingconcrete measures to put an end to the practice ofcommitting violence against civilians in armed conflict.

We note with concern a trend towards the targeting ofmilitary action by parties to a conflict on the civilianpopulation, in particular its most vulnerable groups:children, women, the elderly, the sick, refugees or displacedpersons. This constitutes a clear and intolerable violation ofbasic human rights and freedoms and of the fundamentalprinciples of international humanitarian law. It alsoconstitutes an obstacle to national and international effortsto promote sustainable human development.

We consider it fundamental that all the partiesinvolved in an armed conflict ensure respect for theprinciples and norms of international humanitarian law, aprerequisite for the process of finding peaceful solutions toarmed conflicts.

In this respect, we believe it is appropriate to highlightthe following aspects derived from El Salvador’sexperience.

It is important that the parties to a conflict strictlyobserve these principles and basic norms for the protectionof the civilian population.

The parties involved must have the political will torecognize the need to respect and apply the provisions ofthe 1949 Geneva Convention relative to the Protection ofCivilian Persons in Time of War, as well of the AdditionalProtocol II, adopted in 1977.

Agreements for the promotion and protection ofhuman rights and fundamental freedoms among the partiesdirectly involved in an armed conflict must be adopted, thusensuring respect for the non-combatant civilian population.

In the case of El Salvador, the signing of the San JoséAgreement on Human Rights before the cessation of thearmed conflict by the Government of El Salvador and theFarabundo Martí national liberation front on 26 July 1990was respected by both parties. The adoption of ceasefireagreements that were respected by the parties involved,before the final Peace Accords were reached, made itpossible to conduct humanitarian relief activities to providesupport and care for the population, including in the zones

of conflict. In El Salvador the ceasefire agreements, madeit possible, for example, to develop infant vaccinationdays conducted by the Government in cooperation withthe United Nations Children’s Fund. The success of theseprogrammes would not have been possible without therespect for international humanitarian law and the directand indirect cooperation of the parties to the conflict,which in practice shared common areas of mutual respect,to the benefit of the civilian population and the nationaland international non-governmental humanitarianassistance organizations, particularly the InternationalCommittee of the Red Cross.

Lastly, there was the signing of the Peace Accordsthemselves, which complemented the initial agreementsand which were the real expression of the will of theparties to the conflict to find a negotiated, lastingpermanent political solution to the Salvadoran crisis.

We also consider it important to promote a cultureof peace through education in all its dimensions and in allof its scope as a strategic measure to complement nationaland international efforts to promote a solution to armedconflict through dialogue and negotiation. There is a needfor a concerted global effort of education and training,which must be supported by the United Nations in orderto provide the population at all levels with a greatercapacity for dialogue, tolerance and respect for humanrights.

We also believe that in connection with theprotection of the civilian population, particularly children,in an armed conflict, it is vital to see to it that the partiesto a conflict pledge to respect the provisions ofinternational humanitarian law and, more specifically,those of the Convention on the Rights of the Child. Theymust also take complementary actions, such as putting anend to the practice of using children as soldiers,promoting universal recognition of the minimum age of18 for recruitment, and speeding the demobilization ofchildren that are now participating in armed conflicts.

The elimination of impunity for war crimes, inparticular as regards crimes committed against childrenand the non-combatant civilian population, as establishedin the Statute of the International Criminal Court adoptedat the 1998 Rome Diplomatic Conference, also deservesour support on the subject before us.

28


In conclusion, we consider it relevant to emphasize theimportance of integrating the efforts of the Security Councilin the protection of civilians in armed conflict with theactions taken by the Economic and Social Council for thepromotion of sustainable human development, since thelatter actions are geared towards promoting the eradicationof the main causes of these conflicts, such as extremepoverty, discrimination, displacement and marginalization.Strengthening of cooperation and the coordination of theseprincipal organs of the United Nations with humanitarianassistance personnel also makes it possible to develop moreeffective, better coordinated action for the protection ofcivilians in armed conflict.

The President: I thank the representative of ElSalvador for his kind words addressed to me and to mycountry. I invite him to resume the seat reserved for him atthe side of the Chamber.

(spoke in French)

The last speaker inscribed on my list for this morningis the representative of Haiti. I invite him to take a seat atthe Council table and to make his statement.

Mr. Lelong (Haiti): First of all, I would like to assureyou, Mr. President, that I will try to be brief and to respectyour time limits. I would like to congratulate you on havingconvened this public meeting, which, by allowing for theparticipation of countries that are not members of theSecurity Council, enriches its work.

The question before us today is that of a search forways and means to protect civilians affected by armedconflicts, to guarantee in the most effective manner possibletheir security wherever it is threatened. This question hasbeen debated at length by previous speakers. I therefore donot intend to make a speech, but rather to make a few briefcomments based on the recent experience of my countryand on the contribution of the international community, forwhich we shall always be grateful.

The management of actions and initiatives aimed atdefinitely resolving crises so that there is no possibility oftheir resumption would be the optimal option for protectingcivilians. This is a pious wish and a challenge that isdifficult to address as a whole, and I shall therefore take upcertain aspects of the specific case of Haiti.

As all are aware, my country was not the victim of acivil war, but rather the situation of crisis that it has facedhas numerous characteristics that are generally typical of a

war situation, such as massive migrations of populationand violations of human rights, a population held hostageand polarized and a ruined economy.

The international community responded throughpolitical, diplomatic and humanitarian actions and throughcoercive measures whose effectiveness was often calledinto question, in particular the economic sanctions.Perceived by the captive population as an expression ofthe support of the international community, economicsanctions as applied in Haiti turned out to be a burden forthe poor and an advantage for the de facto authorities andtheir supporters, and thus did not yield the expectedresults. There was an embargo on gasoline, but the streetswere full of vehicles; a suspension of commercial flights,but heavy nighttime aviation activity. There came theinstitutionalization of smuggling through a porous border,a sharp rise in prices of commodities, a spiralling cost ofliving and considerable enrichment of the economic elite.

These brief observations on economic sanctionsallow us specifically to make comments regarding thenature of sanctions when it has been decided to applythem. We believe that sanctions must be, and aresupposed to be, not against a society but against a groupof individuals; that is, that they must be carefullytargeted. They must be applied with better planning anda reliable system of assessment. They must be properlyformulated, of limited duration and based on specificcriteria. They must take into account progress made. Andthe United Nations system itself must have a reliablesource of information regarding the impact of sanctionson each individual situation in which sanctions areimposed.

Once again I emphasize that when a decision hasbeen taken to resort to economic sanctions, they must beimposed firmly and transparently, strictly applied andsupported by a credible decision. In the case of Haiti atleast, such an approach, by all indications, would haveresulted in much less suffering.

A second group of comments relates to some of theoperational defects, which improved with time and asmeasures were taken. I would emphasize here, withoutwanting to be too critical, an occasional lack ofunderstanding in the implementation of adopted policies;a pernicious role played by local personnel; supporters ofthose in power being recruited by the internationalorganizations; a perceived lack of sensitivity on the partof those who were in charge of certain political anddiplomatic aspects; and perhaps too frequent personnel

29


turnover. The result has sometimes been a lack ofcoordination and of efficiency.

A third point would be the question of how to avoidthe massive flow of arms to the country despite allprohibitions. Is it enough simply to protest these atrocitiesfuelled by industries that are showing renewed vigour in theinternational markets? Is it enough to condemn those who— out of apparent madness, forever seeking either to takepower or maintain it — mutilate, rape or kill thousands ofinnocent people, or cripple them either with machetes or —as if this might be more modern — with modern weapons?Should we not condemn all the links of the chain? Here isa highly complex and challenging problem.

A fourth aspect is that the maintenance of peace andsecurity and the protection of civilians is based not only onpolitical and diplomatic initiatives and on the sometimesopportune application of economic sanctions, but also on

sustained efforts for development. Although in Haiti onecan see an evolution towards the standard approach ofseparation of activities, there is also a need to integratethe work of the Security Council, the Economic andSocial Council and other international actors in order tomove action beyond humanitarian assistance towards theareas of economic and social development.

Given these tragedies, the international communityhas an obligation to make a firm commitment, avoidingany kind of manipulation. The history of murders and ofmassacres is doubtless also the history of silence and ofcomplicity. It is highly possible that several chapters ofmodern history would have been different if certaingenocides had not benefited from so much complicity.

The President:I will suspend our meeting now. Wewill begin again at 3 p.m. sharp.

The meeting was suspended at 1.55 p.m.

30

Security Council 398065BFCF9B-6D27-4E9C-8CD3... · received a letter dated 19 February 1999 from...

Documents

Transcript of Security Council 398065BFCF9B-6D27-4E9C-8CD3... · received a letter dated 19 February 1999 from...