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Resumption 1) United Nations S/PV.4130 (Resumption 1) Security Council Provisional Fifty-fifth Year 4130th Meeting Wednesday, 19 April 2000, 3 p.m. New York President: Mr. Axworthy .................................... (Canada) Members: Argentina ....................................... Mr.Listre Bangladesh ...................................... Mr.Chowdhury China .......................................... Mr.Wang Yingfan France .......................................... Mr.Levitte Jamaica ......................................... Miss Durrant Malaysia ........................................ Mr.Hasmy Mali ........................................... Mr.Keita Namibia ........................................ Mr.Andjaba Netherlands ...................................... Mr.Scheffers Russian Federation ................................. Mr.Lavrov Tunisia ......................................... Mr.BenMustapha Ukraine ......................................... Mr.Yel’chenko United Kingdom of Great Britain and Northern Ireland ........ SirJeremy Greenstock United States of America ............................ Ms.Soderberg Agenda Protection of civilians in armed conflict Report of the Secretary-General to the Security Council on the protection of civilians in armed conflict (S/1999/957) 00-39810 (E) This record contains the text of speeches delivered in English and of the interpretation of speeches delivered in the other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room C-178. Security Council 4130th meeting (Resumption 1) Fifty-fifth year 19 April 2000 The meeting was resumed at 3.20 p.m. a conflict. We know, however, that in many instances this legal obligation is deliberately flouted. The European The President: The next speaker inscribed on my list Union believes the Council should make clear in its is the representative of Portugal. I invite him to take a seat relevant resolutions that civilian populations must have at the Council table and to make his statement. unimpeded access to humanitarian assistance and that there should be full cooperation with the United Nations Mr. Monteiro (Portugal): I again have the honour to in providing such access. The safety and security of those speak on behalf of the European Union. The Central and entrusted with the delivery of assistance and supplies Eastern European countries associated with the European must also be ensured. Union — Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and While men account for the largest number of Slovenia — and the associated countries Cyprus and Malta, combatants, women and children are disproportionately as well as the European Free Trade Association countries represented among civilians affected by conflict. Women members of the European Economic Area, Iceland, also constitute the majority of refugees and internally Liechtenstein and Norway, align themselves with this displaced persons. The specific needs of women, children, statement. the elderly and the disabled should be taken into account in camps for refugees and internally displaced persons, in This debate is another important milestone in the the mandates of peacekeeping and peace-building discussions also initiated under the Canadian presidency of operations and, whenever possible, during the negotiation the Security Council in February 1999 on the protection of of peace agreements. The situation of children in armed civilians in armed conflict. The European Union would like conflict is an area of particular concern. very much to thank you, Mr. Minister, as well as the Canadian delegation and Ambassador Fowler, for The humanitarian character of camps and settlements organizing this debate today and for having chaired the for refugees and internally displaced persons should be informal working group established pursuant to resolution strictly enforced, and the deployment of international 1265 (1999). military observers or other personnel should be envisioned when it has become evident that these camps are being We hope that a concrete framework of action will used to achieve military purposes. emerge from this debate and that, based on the recommendations and proposals contained in the rightly The dire situation of some 25 million persons who commended report of the Secretary-General on this subject, have been forced to leave their homes due to the outbreak that framework will establish clearer guidelines for the of conflict is receiving increased attention on the part of response by the United Nations system to the growing need the international community. The Secretary-General to protect civilians in armed conflict. The European Union recommends in his report on the protection of civilians in sees the work currently being undertaken on the protection armed conflict that the States concerned follow the legal of civilians in armed conflict as an ongoing process and guidance afforded by the Guiding Principles on Internal looks forward to the next report by the Secretary-General Displacement. We most definitely support that on this subject. recommendation. The European Union would also like to encourage the Council to contribute to an increased In recent times, conflicts have most often been of an awareness among Member States of the importance of the intra-State nature. In his report to the Millennium Guiding Principles on Internal Displacement and to Assembly, the Secretary General wrote that such conflicts examine what possible role it could play with regard to “have violated, not so much borders, as people” (A/54/2000, the protection of internally displaced persons and in the para. 193) living within those borders. We are increasingly dissemination of those Principles. confronted with the need to protect individuals and communities against armed conflict in their immediate We also welcome the decision adopted by the neighbourhoods. Inter-Agency Standing Committee earlier this month to the effect that the Emergency Relief Coordinator, acting Safe and unimpeded access to those in need of in his own capacity or on suggestions from the assistance is an obligation under international humanitarian humanitarian or resident coordinators, should bring to the law and one which national authorities are legally bound to attention of the Security Council issues concerning ensure. This obligation also extends to all other parties to 2 Security Council 4130th meeting (Resumption 1) Fifty-fifth year 19 April 2000 internally displaced persons whenever that is deemed can be powerful tools in the prevention of full-fledged appropriate. conflicts. The legal protection of civilians in armed conflict can The European Union would like to encourage the also be enhanced. The European Union fully supports the Secretary-General to resort more often to the prerogative call of the Secretary-General for the ratification of the conferred on him by Article 99 of the Charter. Both the major instruments of international humanitarian law, human Secretary-General and Member States should be invited rights law and refugee law, for the withdrawal of those to bring to the attention of the Council any matter which, reservations which weaken the protection of civilians, and in their opinion, may threaten peace and security. The for the taking of all appropriate legislative, judicial and establishment in the Council secretariat of an administrative measures to implement those instruments. early-warning mechanism for coordination and systematic dissemination of reliable early-warning information, The Security Council could play an active role in including human rights information, could be one way to convincing Member States that have not yet done so to support and facilitate the work of the Secretary-General. ratify the 1994 Convention on the Safety of United Nations and Associated Personnel. Serious consideration should be The early deployment of preventive missions should given to expanding the scope of the Convention to include also be considered whenever possible. Because conflict locally recruited personnel, who are essential to the situations evolve quickly, the United Nations must be functioning of peacekeeping and humanitarian missions. ready to plan and deploy its operations accordingly. They must be placed on the ground as soon as possible, with Furthermore, the activities of the two existing ad hoc sufficient resources to achieve the mandates entrusted to Tribunals should be fully supported by all Member States, them by the Security Council. especially with regard to complying with their orders and requests for the arrest and surrender of accused persons. In At that early stage a number of measures could be this context, the International Criminal Court will be envisioned, ranging from the use of fact-finding missions, crucial. The European Union urges those who have not yet special envoys and monitors to preventive diplomacy and signed the Rome International Criminal Court Statute to do a more consistent use of information and analysis made so and all States to proceed to ratification as soon as available by independent treaty body experts and possible. Our common persistent efforts to combat impunity mechanisms of the United Nations Commission on for war crimes is also an important contribution to the Human Rights
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