MEETING IN PROGRESS: SECURITY COUNCIL ON PROTECTION OF CIVILIANS IN ARMED CONFLICT

NOTE: FOLLOWING ARE SUMMARIES OF STATEMENTS MADE AT TODAY’S SECURITY COUNCIL MEETING ON PROTECTION OF CIVILIANS IN ARMED CONFLICT. A COMPLETE SUMMARY WILL BE MADE AVAILABLE AFTER THE CONCLUSION OF THE MEETING AS PRESS RELEASE SC/9340

Background

The Security Council met this morning to debate the protection of civilians in armed conflict.

Briefing

JOHN HOLMES, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, said the mural on the wall of the Security Council Chamber by Norwegian artist Per Krogh served as a vivid reminder that millions of ordinary people were still trapped in the horror of war and conflict, hoping desperately to rise from the chaos that still surrounded them, into more peaceful times. It was also a reminder to the Council, the Member States and the United Nations of their responsibility to prevent war, secure peace and, in its absence, to ensure the protection of civilians.

He said there were varying degrees of progress on all those fronts. In Kenya, mediation in the wake of post-election unrests had reduced the prospects of intensified violence. The consolidation of peace and relative stability continued in Côte d’Ivoire, Nepal, Timor-Leste and, in a more fragile way, Uganda, allowing for the return of internally displaced persons and refugees. At the same time, recent upsurges of violence in recovering areas like Burundi and Southern Sudan were of great concern.

The full deployment of peacekeepers in Chad, the Central African Republic and Darfur had the potential to significantly augment efforts to protect and assist those caught in the turmoil in the region, he said. However, the risks of deterioration were currently very great. It was essential that those missions be given the requisite support and resources to fulfil their mandates. Last, but not least, there was the potential for notable progress towards improved protection for civilians from the devastating impact of cluster munitions. He urged States to seize the historic opportunity posed by the 100 States currently gathered in Dublin to conclude a treaty that had the protection of civilians at its core.

Important though that progress was, he said, the stark reality remained that, in conflicts throughout the world, countless victims continued to see their hopes shattered by violence and displacement, their lives blown apart by suicide bombers or ground down by physical and sexual violence, deprivation and neglect. In just the first five months of this year, more than half a million people had been displaced by conflict, both within and across borders. Of course, displacement was not the only indicator of conflict or its impact on civilians.

Civilians continued to account for the majority of casualties in armed conflict, often in flagrant violation of the rules of international law governing the conduct of hostilities, he said. In Darfur, for example, civilians remained the principal victims of attacks by the Sudanese Armed Forces and the Janjaweed militia. Last month, in Somalia, hundreds of civilians had been killed or injured and thousands more had been forced to flee their homes. Israeli civilians remained subjected to physical and psychological suffering caused by indiscriminate rocket and mortar attacks launched from the Occupied Palestinian Territory. In Gaza, Israeli air attacks and ground incursions continued to result in unacceptable Palestinian civilian casualties. Non-State groups in Colombia continued to perpetrate killings, mass displacements, hostage-taking, sexual violence and forced recruitment of civilians. In Sri Lanka, hundreds of civilians had been killed or injured this year.

In other examples, he said that, in Afghanistan, 300 civilians had been killed in the first four months of 2008 in attacks by so-called “anti-Government elements”, the majority in suicide attacks. Similarly, in Iraq, suicide attacks continued to be used with chilling effect, while members of professional and religious groups, the media and Government officials were targeted for assassination and abduction. In both those contexts, he also remained concerned by civilian casualties resulting from air strikes and search operations conducted by national and multinational forces, as well as the number of so-called “force protection incidents”, in which civilians were shot at after being considered a threat to military convoys or for not obeying instructions at checkpoints.

He said he did not for one second underestimate the challenge in Afghanistan, Iraq and other contexts, of engaging an enemy whose members were difficult, if not impossible, to identify, and who saw the surrounding civilian population as a shield from attack. It was an enemy for whom the principles of distinction and proportionality appeared to have no practical meaning or application. Nevertheless, any military response must itself comply with international humanitarian law and demonstrate respect for the dignity of those already exposed to insurgent attacks.

Against that background, he welcomed the inclusion in relevant Council resolutions of provisions calling for all parties to a conflict to comply with international humanitarian law, including in resolutions authorizing multinational forces in Afghanistan and Iraq. He encouraged the continued and systematic inclusion of provisions to that effect in all relevant resolutions. He also welcomed efforts made by the International Security Assistance Force (ISAF) and other international forces in Afghanistan to minimize the risk of civilian casualties. And he reiterated the Secretary-General’s recommendation that ISAF and the multinational force in Iraq provide information in their quarterly reports to the Council on steps taken to ensure the protection of civilians.

He stressed that further robust action was also needed to prevent and respond to sexual violence in armed conflict. That problem must be approached with the same degree of concerted action, wherever it occurred. The Democratic Republic of the Congo might stand apart in terms of intensity of sexual violence, but it was no less essential to take action to prevent the same horrific crimes against the displaced returning home to Southern Sudan, or that accountability was sought for those who “raped their way” across Côte d’Ivoire and that support was ensured for the victims. It was precisely that need for consistency in approach that stood behind the proposed expert group of the Council.

Another crucial issue was humanitarian access, he continued. Safe, timely and unhindered access was fundamental to the efforts to protect civilians and assist those in need. The Office for the Coordination of Humanitarian Affairs (OCHA) was continuing to develop a mechanism to enhance its capacity for reporting and analysis on access constraints in conflict settings. That analysis would be annexed to future reports of the Secretary-General on the protection of civilians and included in the Under-Secretary-General’s briefings to the Council. The intention was to provide a disaggregated and qualitative picture of access constraints and their humanitarian impact. It should provide a clearer understanding of how constraints impacted different humanitarian actors, as well as identify emerging trends, such as the increased presence of commercial enterprises that were prepared to “pay for access”.

He said that one key factor in all of that was the degree of acceptance of humanitarian actors by local populations and parties to the conflict. That was critical for reducing security risks and enhancing access. Meanwhile, not all constraints on access constituted violations of international humanitarian law. For example, some resulted from the absence, or poor condition, of roads and other infrastructure, such as in the Democratic Republic of the Congo. Other constraints clearly were violations of international humanitarian law. Among the most alarming and direct threats to humanitarian operations today were deliberate attacks against humanitarian workers and other security-related incidents. In Darfur, for example, seven humanitarian workers had had been killed and 109 abducted in the first four months of this year, 131 agency vehicles had been hijacked and humanitarian premises broken into by armed actors on 52 occasions. Humanitarian workers had been forced to relocate from areas of operation on eight occasions, disrupting the provision of vital assistance.

Another major constraint stemmed from restrictions on the movement of staff and goods due to checkpoints and spontaneous roadblocks, such as in Somalia and the West Bank. Interference in humanitarian activities, or the overt diversion of aid, was another significant constraint on humanitarian operations. In Somalia, for example, there was an acute phenomenon of so-called gatekeepers, who sought to control access to communities in need. Still another major constraint stemmed from bureaucratic requirements. Ad hoc demands and requirements by officials at the local level also reduced or paralysed the passage of assistance. While clearly outside the scope of today’s debate, he noted that access could, of course, be an issue not only in situations of conflict, but also in the aftermath of natural disasters, as had been seen most recently following Cyclone Nargis. He hoped that issue was now resolved, but implementation would be key.

He said that vital progress had been made in the nine years since the Council had first discussed the protection of civilians in armed conflict. There was an increased awareness among Member States of the issues involved, and four thematic resolutions on civilian protection had established a comprehensive and ambitious framework for action. The challenge now was to realize that ambition and ensure the systematic consideration of protection of civilians issues in the Council’s work.

Noting that several Council members attached importance to the Secretary-General’s recommendation for the creation of a Security Council expert group on the protection of civilians, he said that, for those that harboured reservations, he wished to be clear that the proposal was not for a subsidiary body of the Council with the bureaucratic and resource issues which that implied. Rather, what was envisaged was an informal forum that would bring together all of the Council member States at the expert level for transparent, systematic and timely consultation on protection of civilians concerns, particularly, but not only, in the context of the establishment or renewal of peacekeeping mandates.

The Council had come far in addressing the protection of civilians in armed conflict, but it could go further, he said. A more consistent approach to integrating the protection of civilians into all relevant aspects of the Council’s work could make a very real difference to the lives of millions trapped in the chaos and horror of war. “An expert group of the kind I described would, I believe, be a useful vehicle to help take you there,” he said.

Statements

MARCELLO SPATAFORA (Italy), associating himself with the statement to be made on behalf of the European Union, said the protection of civilians should be a priority of the Security Council, and called the establishment of the principle of the “responsibility to protect” a major accomplishment in that area. He said a ground-centred approach in bringing relief to those who suffered was essential, and it was disturbing that Mr. Holmes had expressed worries over how much impact had been achieved there. Strongly denouncing sexual violence, he said it was time action was taken to combat such crimes.

He said the informal group proposed by Mr. Holmes could keep the focus on the issue, and that United Nations operations must be clearly mandated to effect the protection of civilians. A proactive system that would monitor and prevent obstacles to humanitarian access was also crucial.

LIU ZHENMIN ( China) said the Council had been discussing the issue for nearly a decade and had adopted many relevant statements and resolutions, but large numbers of civilians continued to be harmed by conflict. He urged all parties to conflicts to protect the lives and property of civilians, and said the Security Council should redouble its efforts to prevent, resolve and reduce armed conflicts. Civilian protection should be an integral part of all actions to accomplish that.

At the same time, the sovereignty and territorial integrity of States must also be protected, he said. He stressed that, currently, many States had reservations over the responsibility to protect and the Security Council should not take it upon itself to expand that concept. In addition, while protection of humanitarian access was important, it must not be allowed to interfere with the political settlement of crises. China was ready to join with the rest of the international community to achieve concrete results on the issue.

DUMISANI KUMALO (South Africa) said the issue of humanitarian access would require further attention, so a way could be found to ensure that those in need of life-saving assistance received it, and those who provided it did so in a secure environment. The Council should look into the Secretary-General’s proposal for establishing mechanisms to enable humanitarian agencies to have some working-level dialogue with all parties to armed conflict. That would enable the establishment of “de-conflicting” arrangements for agreement on routes and timing of humanitarian convoys and airlifts to avoid accidental strikes on humanitarian operations. The dialogue would also promote humanitarian corridors and days of tranquillity.

Further, he said the blockade should be lifted in the Occupied Palestinian Territory, so that OCHA could establish contact and dialogue with all parties to provide the necessary humanitarian assistance in accordance with the principles of humanity, neutrality, impartiality and independence. The protection of civilians in armed conflict had to remain a United Nations priority, with all States cooperating on finding a common solution for ensuring that protection. The Council could best address the issue by establishing partnerships with regional mechanisms. A strengthened dialogue between the Council and regional organizations would also contribute to tackling common security challenges and ensuring speedy action on the ground.

Finally, he said the deeply regrettable killing of two humanitarian aid workers earlier this month, one in Somalia and another in Chad, underlined the dangerous and volatile environment aid workers endured in giving assistance to civilians caught in armed conflict.

JORGE URBINA ( Costa Rica) said that today bore witness to Governments’ disregard for the pressing needs of their populations. In an unprecedented development, some were even the authors of those needs. Some Governments, in disregard for the rulings of the international courts, made a mockery of international law and justice. As Mr. Holmes had said, there were many and diverse obstacles to the protection of civilians. He had highlighted the many limitations to humanitarian access, such as recently in Myanmar, as well as the prevention of the deployment of peacekeeping operations, such as in the Sudan, where the Government was the main impediment. Other sources of concern included human shields by terrorists and the use of force by private security companies and multinational forces, such as in Iraq. Also, children were the direct victims of the escalation of the violence between Israelis and Palestinians.

He said sexual and gender-based violence were weapons of war, including in the Sudan and the Democratic Republic of the Congo. The open-ended group, of which he was a member, last week had adopted a strategy of support to the victims of sexual exploitation and abuse by United Nations personnel. He had been dismayed to see the Save the Children report in the Daily Telegraph characterizing the problem by United Nations personnel as a permanent one. That cast a shadow on the Organization, but the more important evil was the fate of the children and adult victims of those terrible acts. Zero tolerance was not just a slogan; it should also stimulate Security Council efforts to ensure that the humanitarian staff of the United Nations was always seen as bringing well-being and hope to those they were obliged and committed to protect. He also expressed concern about the continuing use of cluster bombs along the border between Lebanon and Israel.

The lack of political will caused the death or injury of hundreds of thousands of civilians daily, in the Sudan, Somalia, Chad and the Democratic Republic of the Congo, he said. While providing physical protection and humanitarian assistance, and peacekeeping were important protection mechanisms, they were only temporary solutions and were unsustainable absent the appropriate political framework. That had been evident in Somalia, where it was not even possible to deploy a peacekeeping operation and where hundreds of people died daily. He understood that constrained resources were one of the greatest challenges for missions, such as those in the Sudan and the Democratic Republic of the Congo, but those same resources could produce far greater dividends if they were invested in tackling the root causes of conflicts. He also urged increased access to natural resources, such as water in the Sudan.

Although the majority of Council members agreed that protection of civilians was the main justification for the United Nations presence in the field, a single workable understanding of the dimension that comprised that protection, particularly in multi-agency operations, was lacking, he said. The different political, humanitarian, military and development components of United Nations missions in the field lacked an integrated focus on the protection of civilians. Indeed, that protection should be one of the main mandates of any United Nations mission in the field, whether a peacekeeping, political or peacebuilding mission. Work should begin on crafting clear guidelines towards effective coordination, particularly between OCHA and the Department of Peacekeeping Operations. He supported the creation of the working group.

Published on: 2008-05-27

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