United Nations S/PV.5100

Security CouncilFifty-ninth year

5100th meetingTuesday, 14 December 2004, 10 a.m.New York

Provisional

This record contains the text of speeches delivered in English and of the interpretation ofspeeches delivered in the other languages. The final text will be printed in the Official Recordsof the Security Council. Corrections should be submitted to the original languages only. Theyshould be incorporated in a copy of the record and sent under the signature of a member of thedelegation concerned to the Chief of the Verbatim Reporting Service, room C-154A.

04-64474 (E)

*0464474*

President: Mr. Belkhadem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Algeria)

Members: Angola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. LucasBenin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. AdechiBrazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. SardenbergChile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. MuñozChina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Zhang YishanFrance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. De La SablièreGermany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. PleugerPakistan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. AkramPhilippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. BajaRomania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. DumitruRussian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. KarevSpain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Yáñez-BarnuevoUnited Kingdom of Great Britain and Northern Ireland . . . . . Sir Emyr Jones ParryUnited States of America . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Holliday

Agenda

Protection of civilians in armed conflict

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The meeting was called to order at 10.15 a.m.

Adoption of the agenda

The agenda was adopted.

Protection of civilians in armed conflict

The President (spoke in Arabic): I should like toinform the Council that I have received letters from therepresentatives of Argentina, Bangladesh, Canada,Colombia, Costa Rica, Côte d’Ivoire, Egypt, Honduras,Japan, Kenya, Liechtenstein, the Netherlands, NewZealand, Nigeria, Peru and Switzerland, in which theyrequest to be invited to participate in the discussion ofthe item on the Council’s agenda. In conformity withthe usual practice, I propose, with the consent of theCouncil, to invite those representatives to participate inthe discussion, without the right to vote, in accordancewith the relevant provisions of the Charter and rule 37of the Council’s provisional rules of procedure.

There being no objection, it is so decided.

At the invitation of the President, therepresentatives of the aforementioned countriestook the seats reserved for them at the side of theCouncil Chamber.

The President (spoke in Arabic): In accordancewith the understanding reached in the Council’s priorconsultations, and in the absence of objection, I shalltake it that the Security Council agrees to extend aninvitation under rule 39 of its provisional rules ofprocedure to Mr. Jan Egeland, Under-Secretary-General for Humanitarian Affairs and EmergencyRelief Coordinator.

There being no objection, it is so decided.

I invite Mr. Egeland to take a seat at the Counciltable.

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

At this meeting, the Council will hear a briefingby Mr. Jan Egeland, Under-Secretary-General forHumanitarian Affairs and Emergency ReliefCoordinator. I now give him the floor.

Mr. Egeland (spoke in French): I should like tothank members for this opportunity to brief the

Security Council with regard to the protection ofcivilians in armed conflict. The commitment of theAlgerian presidency to maintaining that critical priorityitem on the Council’s agenda — a commitmentunderscored by your presence here among us today,Mr. Minister — is appreciated by the humanitariancommunity.

(spoke in English)

This time last year (see S/PV.4877), I presentedto the Council a 10-point platform, which outlinedcritical areas in which we needed to focus our jointefforts. I would now like to provide members with anupdate on developments over the past six months andto propose actions that we can take to strengthenprotection in several of those areas.

Humanitarian access to civilians in need lies atthe heart of the protection response. In order to ensurea more secure environment for the victims of conflict,access for those who can help must be consistentlysecured. Progress has been made in ensuring betteraccess in some countries. Notably, there have beenincremental improvements in access to the 1.6 milliondisplaced civilians in northern Uganda. Thepromulgation of the Government of Uganda’s strategyfor the internally displaced and an improving securityenvironment have resulted in sustained access tocertain areas and in opportunities to better address theprotection needs of the civilian population.Humanitarian agencies must now seize theopportunities provided by that improved access byincreasing their activities and their support. In Liberia,improved access to border regions has been facilitatedby the completion of the disarmament, demobilization,rehabilitation and reintegration (DDRR) process.

By contrast, the events in the past six months inthe eastern Democratic Republic of the Congoperpetuate a pattern of intermittent and sporadic accessthat leads to continued incapacity to deliver essentialservices, such as health and education. That region has,accordingly, suffered appalling mortality andmalnutrition rates. According to a recent survey by theInternational Rescue Committee — which is among thelargest mortality surveys ever conducted in a conflictzone — more than 1,000 Congolese civilians are dyingfrom war-related disease and malnutrition every day. Inthe eastern Democratic Republic of the Congo, themortality rate for children under 5 is 90 per cent higherthan the regional norm. The recent movements of

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forces into the eastern Democratic Republic of theCongo are worrying, as they further destabilize analready volatile environment and can only lead to afurther decline in the quality of life for the civilianpopulation.

The outbreak of violence in Côte d’Ivoire in earlyNovember and the subsequent evacuation ofinternational humanitarian staff have also constrainedour ability to provide humanitarian assistance andprotection. Although the situation appears to bestabilizing and humanitarian staff are redeploying,checkpoints remain in place both in the north and inGovernment-held areas. Similarly, in Afghanistan,insecurity continues to restrict humanitarian access toareas in the south of the country. We cannot allowourselves to accept those situations. Peacekeepingefforts that provide a sustained, secure environment inwhich humanitarian access can be delivered have neverbeen more important.

Tragically, many parts of the Sudan’s Darfurprovinces present us with some of the worst obstaclesto humanitarian access. The blatant breaches of theceasefire agreements by all parties and the escalationof fighting — including rebel attacks and aerialbombardments by Government forces — have led tothe evacuation of much-needed humanitarian staff.That has dramatically reduced our ability to deliverhumanitarian assistance and protection for civilians.Experience demonstrates that improvements in accessare brought about only when there is engagement andcommon commitment on the part of all actors andwhen there is consistency and coherence of approach. Iencourage the Security Council to use its authoritymore energetically, where necessary, to address theissue of access in order to facilitate the delivery ofhumanitarian assistance and protection.

The security of humanitarian workers is mysecond concern. Our ability to protect and deliverhumanitarian assistance to civilian populations in needis undermined by blatant attacks and threats against ourunarmed humanitarian staff. Last Sunday,12 December, two staff members of Save the Childrenwere deliberately attacked and killed in South Darfur.Attacks by any armed group will only serve to paralysethe large and effective humanitarian operations in theDarfurs. The parties to the conflict — including thepolitical and military leaders — should be heldindividually responsible for such attacks and for the

starvation, disease and deaths among civilians that willundoubtedly result.

In Afghanistan, threats to staff continue to restrictthe provision of humanitarian assistance andprotection. In Iraq, the brutal execution of ourcolleague Margaret Hassan starkly brought home thevulnerability of humanitarian personnel and theunacceptable risk to which international agenciesoperating in Iraq are exposed. The worseninginsecurity in parts of Iraq has prompted several largeinternational non-governmental organizations —renowned for their capacity to continue operating inhostile environments — to withdraw their operations.Such withdrawals have severe consequences forcivilians, particularly those who have been internallydisplaced, as they lose access to independent andimpartial sources of assistance in a climate of growinginsecurity.

In Iraq and Afghanistan, we may be witnessing adisturbing new development where recent hostage-taking incidents indicate a merging of commercial andpolitical motives. Those are difficult and substantialchallenges, which require creative solutions that useboth humanitarian and political diplomacy. To that end,my Office, together with our humanitarian partners,has engaged in dialogue with religious and civil societygroups in regions where there is a perceived threat tohumanitarian personnel. More than ever, we rely oncultural and religious leaders to join us in partnershipand to come to the defence of independenthumanitarian action in the face of such threats. Itherefore call upon religious and community leaders tospeak out strongly against those who attack unarmedhumanitarian workers in Afghanistan, Iraq, Somaliaand elsewhere, in blatant violation of religious andcultural values.

Humanitarian organizations also feel that theyhave been caught in the political crossfire and that thespace for humanitarian action is progressivelyshrinking. Military and political leaders around theworld must do their utmost to maintain the distinctionbetween impartial, neutral humanitarian action andpolitical and military activities.

The third protection concern that I wish toaddress is the need to better protect women andchildren in armed conflict. A constant and insidiouscharacteristic of armed conflict is the barbaric andindiscriminate use of sexual violence. In past reports

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we have documented the atrocious use of rape andsexual violence as a weapon of war. Victims of sexualviolence are stripped of dignity and are stigmatized.They are victims many times over: victims of trauma,victims of HIV/AIDS and victims of social andeconomic distress, left destitute and outcast long afterthe fighting is over.

The use of sexual violence has been widelycondemned by national Governments, by regionalorganizations, by the General Assembly and by theSecurity Council, most recently, in the review of theimplementation of resolution 1325 (2000) (seeS/PRST/2004/40). Despite such condemnation,however, sexual violence persists unchecked. In theDemocratic Republic of the Congo and in Darfur,sexual violence continues to intimidate and despoilpopulations. If sexual violence is so intolerable, why isit so pervasive? This is an issue where there can be noimpunity. I hope that the International Criminal Courtwill use its jurisdiction to clearly demonstrate thatcrimes of sexual violence will not be tolerated and thatperpetrators will be punished. And I hope the SecurityCouncil will press for accountability. Surely, thethousands of brutal rapes in the Democratic Republicof the Congo, in Darfur, in Uganda, in Liberia andelsewhere should already have resulted in people beingbrought to justice.

The use of children in armed conflict and childabduction remain a key challenge to the United Nationsand its humanitarian partners. In Nepal, childrencontinue to be forcibly recruited into fighting forces.Throughout the subregion of West Africa, childrenhave long been associated with fighting forces. It isonly now that we are beginning to comprehend theextensive implications of years of conflict, in whichyouth is used and expended as ammunition. Thatpattern is being sustained in the north of Côte d’Ivoire,where 100,000 children are unable to sit for theirexams and are therefore exposed to increased risk ofexploitation. Sustained attention must be given to theneeds of children through the delivery of humanitariansupport, DDRR programmes and longer-terminitiatives that address their special reintegration needs.

The plight of refugees and internally displacedpersons is my fourth concern. While large numbers ofrefugees have, in recent months, been helped to returnhome by the Office of the United Nations HighCommissioner for Refugees (UNHCR) and its partners,more than 25 million people remain displaced from

their homes by conflict. The largest internaldisplacement crises remain in the Sudan, theDemocratic Republic of the Congo, Colombia andUganda. Those four have a population of displacedpersons totalling more than 10 million. Displacedcivilians continue to face intolerable hardships andincreasing challenges for their protection. During thepast six months, the world has been shocked by thekilling in Burundi of more than 150 Congoleserefugees within the confines of a camp protected by theUnited Nations symbol. We have also been shocked bythe forced movement of hundreds of thousands ofcivilians in Darfur. In Iraq, it is estimated thatapproximately 220,000 inhabitants of Fallujah becameinternally displaced over a 10-day period in earlyNovember. Since then, access to civilians, both thoseinside the city and those displaced around the city, hasbeen limited by military action and by insecurity on theground.

I also encourage Member States to fullyrecognize the needs and rights of those who aredisplaced. Over the past six months, the Governmentsof Uganda, Liberia and Somalia have developednational internal displacement policies and haveadopted, or made greater use of, the Guiding Principleson Internal Displacement. Those are particularlywelcome developments. Similarly, I welcome the Dares Salaam Declaration on Peace, Security, Democracyand Development in the Great Lakes Region, whichcommits participating countries to a range of importantmeasures, including respect for and use of the GuidingPrinciples. Those positive steps need to be reinforced,however, by providing national Governments with theappropriate capacity and support to fulfil theirobligations to protect.

Enhancing compliance with internationalhumanitarian, human rights and refugee law andcombating impunity is the fifth challenge I wish toaddress. Many protection concerns will remainunresolved as long as impunity prevails, and it istherefore critical that those who violate internationallaw be held accountable. The role of States in thisrespect is paramount.

Violations of international humanitarian andhuman rights law in the occupied Palestinian territorieshave worsened the lives and welfare of civilians andundermined the ability of the humanitarian communityto provide much-needed assistance and protection. Thewidespread insecurity in Iraq — including

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intimidation, hostage-taking, targeted andindiscriminate attacks on civilians and brutal acts ofterror — creates major protection concerns. In suchvolatile circumstances, compliance with internationalhumanitarian law by all sides is critical. Hatepropaganda, used to incite and fuel conflict, is aconcern in a number of countries, such as Côted’Ivoire, where the media have become a powerfulinstrument in fuelling hatred and promotingxenophobia. Targeted sanctions against thoseindividuals responsible for serious violations ofinternational humanitarian law or for inciting publichatred and violence provide an appropriate andnecessary response. In general, I would encourage theSecurity Council to consider making greater use ofsuch targeted sanctions.

In Darfur, the deployment of African Unionobservers, the establishment of the InternationalCommission of Inquiry and the deployment of humanrights observers are important developments. It isimperative that all parties to the conflict cooperatefully with the Commission and provide it with theinformation relevant to its mandate. Those who havecaused death and massive suffering among civilians inthe Darfurs should have no reason to sleep well atnight.

In terms of strengthening the legal frameworkunderpinning the protection of civilians, I am pleasedto report that 32 States took 114 treaty actions duringthe Focus 2004 treaties event in September. Ofparticular note was the participation of the NationalTransitional Government of Liberia, which took actionin respect of 18 conventions and protocols and,separately, adopted the Guiding Principles on InternalDisplacement.

With regard to the sixth challenge —disarmament, demobilization, reintegration andrehabilitation — I would like to focus on reintegration,which I see as the single biggest challenge for DDRRprogramming. Reintegration poses an enormouschallenge in West Africa, where the region is fearful ofyouth who have learned that economic gain comesfrom acts of violence. In northern Uganda, wherethousands of children have been brutalized andalienated from their families and communities, thechallenge of reintegration is also immense. Uganda iscurrently faced with a historic opportunity for peaceand reconciliation, related to which is an urgent need toaccelerate reintegration planning efforts to meet the

needs of increasing numbers of Lord’s ResistanceArmy fighters coming out of the bush.

Properly reintegrating children and youth requiresviable alternatives to violence and sustained support inmeeting their long-term needs. That, in turn, requiresintegrated planning of DDRR programmes, longer-termcommunity-based recovery initiatives and consistentand sustained funding. In Liberia and elsewhere,reintegration programmes remain precariouslyunderfunded. Where a conflict has a regionaldimension, effective and sustained DDRR support is allthe more critical if we are to prevent the circulation offighters and small arms from one country to the next.What use are effective disarmament and demobilizationefforts if we are not able to provide an alternative lifefor the ex-fighters before they are drawn back to theguns and the violence?

My seventh and final challenge is neglectedemergencies. We repeatedly see ongoing criseseclipsed by the crises of the moment, highlightedthrough the media lens. The Sudan and the ongoingviolence in Iraq currently command the most attention,while dire situations persist in numerous othercountries struggling with conflict and violence. Weneed to keep the spotlight on all crises and ensure thatthere is a balanced and proportional response to allsituations of concern. The humanitarian crisis inSomalia, for example, remains one of the most severe,yet overlooked, crises in the world. With the formationof the Transitional Federal Government, Somalia isnow at a crossroads as it faces its best chance in manyyears of achieving political stability and peace. Theinternational community must seize this opportunityand support efforts to consolidate peace and stabilityand to alleviate the suffering of the Somali people.Visiting Somalia last week, I was shocked to learn thatmortality rates in parts of Somalia were 2 per 10,000per day: the same as in Darfur, but for the Somalis thissituation has been more protracted.

If we are serious about meeting humanitarianneeds and laying the foundations for future peace andstability, we cannot afford to leave crises simmering,devoid of an adequate political and humanitarianresponse. Underfunding, premature withdrawal ofsupport and a failure to address the root causes ofconflict leave remnant discontent, creating conditionsripe for insurgency and allowing countries to spiralback into conflict. The case of Liberia in the late 1990sor Haiti in recent years illustrates this all too clearly.

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As a humanitarian community, we are, after all, askingfor much less than 1 per cent of world militaryspending to cover all suffering in all conflicts.

I would now like to continue by outlining brieflysome key points which I believe will strengthen ourability and greatly enhance our response to thechallenges I have just outlined.

My first area of action — an area of utmostpriority — is the need to strengthen the overallresponse capacity of the humanitarian community toprovide both effective and timely humanitarianassistance and protection. Efforts to improve ourresponse to the crisis in Darfur have underscored theneed to strengthen the collaborative approach toprotection. A comprehensive, coordinated approach tothe protection of civilians has now been put in place toaddress the protection deficit in Darfur.

I have also, as Emergency Relief Coordinator,initiated a system-wide humanitarian response review,which will address the current gaps in our response tohumanitarian crises, in terms of both humanitarianassistance and protection gaps. We have to fill thosegaps as an international community: Member States,donors, United Nations agencies, non-governmentalorganizations and civil society.

My second area of action is the development of abetter reporting mechanism. In his most recent reporton the protection of civilians (S/2004/431), theSecretary-General called for a mechanism that wouldprovide better facts and statistics on protection in orderto inform and facilitate the Council’s deliberations.Examples of the key protection concerns that such amechanism would address include the number ofcivilians killed, tortured, displaced or affected bysexual violence, and the total number of those deniedaccess to humanitarian assistance and protection. Workhas commenced with agency colleagues to develop asystematic methodology using set criteria andempirical indicators which will allow bettercomparative analysis and monitoring of protectiontrends. That will provide the Security Council withconcrete and objective information that would enablebetter assessment of, and appropriate response to, thescale and urgency of key protection concerns. I willprovide the Council with a more detailed outline of thereporting mechanism at my next briefing, in June.

My third area of focus is the need to ensure moreconsistent response to crises and to highlight neglected

emergencies. We need to develop better mechanisms toengage donors and engender the political will toaddress all humanitarian needs and protection concernsequitably. Engaging new donors and drawing on theresources of different actors will be critical to ensuringconsistency of response. It is also vital that we providesustained support in post-conflict situations. Throughmy Office, I would like to further develop a moresystematic review of the impact of underfunding, sothat we can alert the Security Council to any potentialproblems that may exacerbate instability andjeopardize either national or regional security.

Fourthly, it is essential that we place greateremphasis on the role of national actors and that wedevelop approaches and tools that strengthen theirability to provide protection. In September, my Officeinitiated a systematic consultation with theGovernment of Uganda and all national actors todevelop a nationally owned strategy for the protectionof civilians. This has already resulted in more effectiveaction to address key protection concerns. In January,at the request of the Government of Indonesia, we willundertake similar consultations to assist theGovernment in developing their own strategy for theprotection of civilians. We are in discussions with theGovernment of Egypt concerning the possibility ofconvening a regional workshop on the protection ofcivilians for the Middle East in 2005. Such initiativescan be broadened to support all Members States thatface protection challenges.

My fifth point relates to the use of sanctions. Ifwe are to see more effective use of sanctions as a tool,it will be essential to assess and mitigate any potentialhumanitarian consequences in a more systematicmanner. Recognizing this need, my Office, incollaboration with the Inter-Agency StandingCommittee, has developed a rigorous methodology toassess the human impact of sanctions. Since it wouldbe essential for the Council to ensure that theunintended consequences of sanctions are mitigatedand that the measures imposed do not cause civiliansuffering disproportionate to the ends served, I stronglyencourage Council members to use that methodologyduring their deliberations to enhance the use ofsanctions as a tool.

My penultimate point underscores the importanceof regional organizations in providing protection inarmed conflict. The crucial role of the African Unionin Darfur is an obvious case in point. It is critical that

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regional organizations be provided with the supportnecessary to fulfil their role. As humanitarianorganizations, with 7,000 international and local staffon the ground in Darfur, we are struck by theimportance and effectiveness of the African Unionforces and observers there, but we are also struck bythe fact that still, in December, only one third of thepromised African Union troops have been deployed,while African Union police have not been deployed atall. It should be possible for the internationalcommunity to help increase the capacity of the AfricanUnion on the ground, and this should be done urgently.Without this capacity, the civilian population in Darfurcannot benefit from effective protection.

The regional dimension of armed conflict is wellunderstood and the need for a regional approach toaddress and respond to the civilian consequences ofarmed conflict is well recognized. We encourageregional organizations to develop common approachesand to incorporate internationally agreed standards forprotection in their activities. My Office is currentlyworking to develop stronger cooperation with regionalorganizations on protection as part of the follow-up tothe Secretary-General’s fifth high-level meeting withregional organizations.

My final point relates to our own responsibility toprotect. Like all Council members, I have been deeplydisturbed at the unacceptable incidence of sexualexploitation and abuse by peacekeeping andhumanitarian personnel over the past six months. TheSecretary-General has set clear standards of conduct towhich all staff must be held accountable in his Bulletinon Special Measures for Protection from SexualExploitation and Sexual Abuse. There is a pressingneed to ensure that this is now rigorously enforced. Wemust commit ourselves to creating and maintaining anenvironment that prevents such egregious behaviour.The active engagement of personnel-contributingcountries is central to this process. I appeal tocontributing Member States to give this issue theirurgent attention and ensure that appropriateaccountability mechanisms are in place.

I have presented both an overview of keyprotection concerns under the ten-point platform andsome practical measures aimed at addressing thesechallenges in order to tangibly enhance the protectionof those in need. We are setting ourselves realisticmeans by which, through collective action, we can seekto improve every situation. We can no longer accept

the status quo. It is time to move to action if we aretruly to create a culture of protection that addresses thereal needs of civilians trapped in conflict. We mustshow that the United Nations, its Member States and itshumanitarian and regional partners can safeguard thewell-being and rights of men, women and childrenaround the world whose lives are being shattered byarmed conflict. Our discussions with the SecurityCouncil are invaluable; the Council’s continuedcommitment to this shared goal is vital.

The President (spoke in Arabic): I would like tothank Mr. Egeland for his detailed statement.

In accordance with the understanding reachedamong Council members, I wish to remind all speakersto limit their statements to no more than five minutesin order to enable the Council to carry out its workexpeditiously. Delegations with lengthy statements arekindly requested to circulate the texts in writing and todeliver a condensed version when speaking in theChamber.

I shall now give the floor to the members of theCouncil.

Mr. Karev (Russian Federation) (spoke inRussian): For the last five years, the issue of protectionof civilians in armed conflict has been a regular fixtureof the United Nations and the Security Council. Theneed for ongoing attention to this matter has beenreferenced, as well, in the report of the High-levelPanel on Threats, Challenges and Change, which foundthat the Security Council must fully implementresolution 1265 (1999) on the protection of civilians inarmed conflict. This notion raises no doubts.

In spite of the existence of an entire arsenal ofinternational instruments on human rights andinternational and humanitarian law during conflict, westill see, first and foremost, the suffering of completelyinnocent civilian populations, including women,children and the elderly — people whom we usuallycall vulnerable — as well as the humanitarianpersonnel providing assistance to them.

Massive and flagrant violations of internationalhumanitarian law must not go unpunished. Here, animportant role devolves upon the InternationalCriminal Court. The situation in ensuring theprotection of civilians in armed conflict requiressystematic coordinated measures at the international,regional and national levels.

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One of the important components of this work isthe humanitarian component, particularly as an elementof a comprehensive strategy for crisis prevention andin the phases of post-conflict settlement processes.Humanitarian work must, first and foremost, be builton the norms of the United Nations and basichumanitarian principles. Its success largely depends onhow it fits into the international community’s effortsfor political settlement.

We are pleased to note that today’s discussionissue is under the direct oversight of the UnitedNations Secretary-General. In reports submitted on thisissue, there is a comprehensive country-specificanalysis of the reasons for violations of the norms ofinternational humanitarian law in armed conflict, andthere are recommendations to strengthen the protectionof civilians. In addition, we believe it very importantthat, in preparing the reports, the Secretariat muststrictly adhere to its mandate, particularly with respectto the legal qualifications of different situations. Wehope that, in preparing the next report, countries’concerns and statements on this issue will be fullytaken into account.

With good reason the Council is making greateruse of regional and country approaches in dealing withthe protection of civilians in armed conflict. In thatcontext, it is particularly important to take into accounteconomic, social, historical, religious, cultural andother elements specific to countries and regions and togive attention to each conflict’s unique character, rootcauses and manner of settlement.

The fundamental elements of ensuring theprotection of civilians are early warning mechanisms,the elimination of wars and conflict prevention. It isimportant that efforts to those ends be appropriatelycoordinated so that in protecting civilians — as inother matters — we adhere to a strict division of labourin accordance with the United Nations Charter andother international legal instruments. We hope that aconstructive exchange of opinions on how to improvethe work of the Security Council and other bodies ofthe Organization in protecting civilians in armedconflict will provide additional impetus for progress onthis question.

Mr. Yáñez-Barnuevo (Spain) (spoke in Spanish):First, on behalf of the Spanish delegation, I would liketo thank the Algerian presidency, in particularthe Minister for Foreign Affairs of Algeria,

Mr. Belkhadem, for convening this meeting of theSecurity Council on the protection of civilians inarmed conflict. Your presence, Mr. Minister, at thehead of the Council at this meeting further stresses theimportance of our discussion of this importantquestion. We would also like to thank the Under-Secretary-General for Humanitarian Affairs, Mr. JanEgeland, for his highly valuable briefing on thisquestion.

It is clear that in recent years major progress hasbeen made in the area under consideration, and that isto be commended. However, it must also be recognizedthat, in most of the crises the Council is facing, thecivilian population continues to sufferdisproportionately the effects of combat andoccupation situations. As Mr. Egeland’s briefingprovided many examples of that, I need not go intodetail.

In the latest report of the Secretary-General(S/2004/431), dated 28 May 2004, which the Councilfirst discussed in a meeting held under the Philippinepresidency, ten priorities were listed as the basis ofthe plan of action presented in December 2003 byMr. Egeland; we believe those priorities shouldcontinue to be our fundamental frame of reference.

Given the brief time we have available, theSpanish delegation shall focus on only some of thosepriorities.

In 20 conflicts in the world, humanitarian accessis continued to denied or impeded to 10 million peoplewho need food, water, refuge and medical assistance,leading to the unnecessary suffering of the civilianpopulation. International pressure, often through theaction of the Council, has in various cases managed toremove many of those obstacles, although therecontinues to exist, in certain places and at certainmoments, practical difficulties that need to be dealtwith. The protection of the civilian population is theresponsibility of all reputable States and all parties toan armed conflict. If a Government does not have theability to protect or help its own population or is notwilling to do so, the international community, inparticular the United Nations, must fulfil thatprotective function. To that end, international attentionmust not weaken, pressure must be maintained and allbodies and agencies of the United Nations system mustact with the same goal.

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Secondly, we are greatly concerned at thesituation of the more than 50 million people in theworld that have become internally displaced persons orrefugees. Any process for the normalization of lifefollowing a conflict must include the voluntary returnof internally displaced persons and refugees to theirplace of origin. If that return does not take place, wemust ensure that the camps for refugees and internallydisplaced persons meet basic sanitary and securitystandards. Armed groups cannot be allowed toinfiltrate refugee camps to recruit or kidnap men,women and children, as such acts violate the civilianand humanitarian nature of the camps and leave thepopulation and refugees vulnerable to attacks fromvarious factions.

Thirdly, we would like to stress the importance ofattending to the most vulnerable sectors of society. Iam referring in particular to the protection of womenand children. In spite of the efforts made, more than300,000 minors under the age of 18 are directlyinvolved in armed conflicts, while acts of sexualviolence continue to be a brutal weapon of war, usedwith excessive frequency by several belligerent groups.The physical, psychological and social consequencesof those practices are appalling and can even destroythe links that bind a community. For that reason, theefforts in this area must be intensified, incorporating ininternational peacekeeping missions qualifiedpersonnel to assist victims, raising awareness on theseissues within the institutions of transition that carry outnational reconciliation processes and improvingmedical, emergency, support and comprehensiverehabilitation services for the victims of sexualviolence. Those actions should be carried out by thebodies of the United Nations system in cooperationwith non-governmental organizations and other entitiesactive in that area.

Finally, we believe that it is important to put anend to impunity for particularly serious acts ofsignificance for the international community as awhole. Unfortunately, in many cases, those crimescontinue to be committed in complete impunity. Wefirmly believe that the perpetrators must be brought tojustice, because that is the only way to deter otherpossible perpetrators. To that end, it is necessary tocontinue efforts to improve national penal systemsthrough adequate international assistance. If the actionof the national authorities is insufficient, due to theirlack of will or capacity, international judicial bodies

must be able to take action. In that context, mydelegation firmly supports the appeal of the Secretary-General contained in his report (S/2004/431) of 28May 2004 for universal ratification and accession tothe statute of the International Criminal Court, as wellas to the treaties concerning internationalhumanitarian, human rights and refugee law.

In conclusion, we express our agreement with thedraft presidential statement that has been prepared bythe members of the Council as a whole, as a result ofthe impetus of the Algerian presidency. I would alsolike to express our interest in and support for theguidelines of action announced by Mr. Egeland at theconclusion of the very thorough briefing he gave at thestart of this meeting.

The President (spoke in Arabic): I would like towelcome the Secretary-General, who has just joinedthe Security Council.

Mr. Muñoz (Chile) (spoke in Spanish): First, Iwould like to thank the Algerian presidency forconvening this important discussion on the protectionof civilians in armed conflict. I would also like toexpress our thanks for the briefing by the Under-Secretary-General for Humanitarian Affairs, Mr. JanEgeland. In particular, Sir, I should like to welcomeyour presence as Minister for Foreign Affairs ofAlgeria, which gives this meeting special importance.

This second open debate on the item underconsideration in this year that is coming to an endreflects the importance that the Security Councilattaches to the protection of civilians in armed conflict.

A primary consideration in the context of thisitem is the need to reaffirm the principles ofinternational law and of human rights in order toensure the safety of millions of innocent civilians,among them women, the elderly and children, who areexposed to numerous and varied forms of violence inarmed conflict.

We must also stress the fact that it is the parties tothe conflict — whether State or non-State — that havethe primary obligation to protect civilians, inaccordance with the norms and principles ofinternational humanitarian law.

Against that backdrop, we wish to emphasize theneed for all States to be parties to, and comply with,instruments related to the protection of civilians, suchas the Geneva Conventions and their Protocols, the

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Convention on the Prevention and Punishment of theCrime of Genocide, the Convention against Torture andother Cruel, Inhuman or Degrading Treatment orPunishment, and other conventions.

Since Secretary-General Kofi Annan initiated theprogramme on the protection of civilians in armedconflict, we have become more familiar with the topicas well as with related norms and recommendations.For example, there has been an expansion of themandates of Security Council peacekeeping operationsand an increase in the resources allocated to them, inorder better to enable them to protect civilians.

A particularly positive aspect has been theinclusion in peacekeeping missions of disarmament,demobilization, reintegration and rehabilitationprogrammes for combatants, as well as of mechanismsto protect refugees and returnees. In that framework,we are gratified by the Council’s willingness towelcome the valuable contributions made by regionaland subregional organizations.

We have also made progress in the fight againstimpunity, through the establishment of the specialtribunals for Rwanda, the former Yugoslavia and SierraLeone, for example, and, most importantly, through theestablishment of the International Criminal Court.International tribunals, however, can operate only in asubsidiary capacity in the context of the internaljurisdiction of the State in which crimes againstcivilians are committed, since it is the State that has theprimary responsibility to arrest, try and sentence theguilty.

Despite the progress made, much remains to bedone. Indeed, the Secretary-General’s report notes that,in more than 20 armed conflicts around the world,humanitarian assistance is either denied or obstructedfor over 10 million people. In that context, we believethat interaction of the competent agencies of the UnitedNations and of other humanitarian bodies with non-State agents, whether they are officially recognized ornot, is of fundamental importance in order to preventor mitigate threats to civilians.

Displaced civilian populations require particularattention on our part. The forced recruitment of childsoldiers and the rape and sexual abuse of women andchildren warrants our firm condemnation. Nor can weoverlook the so-called forgotten emergencies. For thatreason, we believe that the implementation of the10-point platform that the Under-Secretary-General for

Humanitarian Affairs submitted to the Security Councillast December is crucial, as it contains elements thatare key to moving forward.

Likewise, the various national and internationalauthorities, such as the High Commissioner forRefugees and the High Commissioner for HumanRights, must act in close coordination in order to set upan early-warning network that would make it possibleto prevent conflict. The effective prevention ofconflicts also requires the establishment of a long-termstrategy that would pinpoint the causes of the conflict.That means that we have to find ways to ensuresustainable development, eradicate poverty, andpromote national reconciliation, democracy and goodgovernance.

Furthermore, the direct attacks that have takenplace against United Nations personnel make clear thegreat vulnerability of our Organization’s humanitarianpersonnel, as well as that of the Red Cross and RedCrescent societies. In that respect, we agree with theSecretary-General that legal measures must be taken toexpand the scope of the 1994 Convention on the Safetyof United Nations and Associated Personnel.

More than five years have elapsed since theSecretary-General initiated the programme on theprotection of civilians in armed conflict. Progress hasbeen made, but millions of civilians are still beingsubjected to extreme violence. That is why we believethat the Security Council has to continue to discuss thepossibility of adopting additional measures that wouldpromote a culture of protection.

In that respect, we could consider adopting a newresolution on the protection of civilians in armedconflict that would include all the elements involved inthat area. We could consider also other initiatives, suchas the establishment of an ad hoc group on theprotection of civilians in armed conflict that wouldmake recommendations and provide follow-up to thedecisions taken by the Council. The report of the Panelset up by the Secretary-General contains other ideasthat merit in-depth analysis.

To conclude, we would like to reaffirm our beliefthat the protection of civilians in armed conflict is oneof the major challenges facing the United Nations. Thecredibility of the Organization will also depend on ourability to offer civilians a life in conditions of dignityand free from fear. After all, the United Nations was

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created to protect human beings from the threats ofboth war and violence.

Mr. Akram (Pakistan): Mr. Foreign Minister, weare grateful to the Algerian presidency for organizingthis open debate on the protection of civilians in armedconflict and warmly welcome your personalparticipation in, and your presiding over, this importantmeeting. We are also thankful to Under-Secretary-General Jan Egeland for his comprehensive briefingand review of various conflict situations in the contextof the 10-point platform. We also particularly welcomethe presence of the Secretary-General at this meeting.

About five years ago, the United Nations begansystematically to approach the issue of the protectionof civilians in armed conflict. Stark and disturbingevidence makes it clear that civilians, particularlyvulnerable groups such as women and children,continue to bear the brunt of armed conflict and remainthe prime victims in such situations.

I should like to make eight points on the subjectunder discussion.

First, the most important problem, as we see it, isto ensure full respect for international humanitarianlaw. In situations of foreign occupation, human rightsorganizations have extensively documented theincidence of harassment, extortion, abduction, search-and-cordon operations, unlawful detentions, andarbitrary and extrajudicial killings. Rape has frequentlybeen used as an instrument of war, to dehumanizewomen and humiliate the communities to which theybelong. Such crimes are committed without anyaccountability for the perpetrators. There is nopossibility of justice for victims under foreignoccupation.

The Secretary-General rightly stressed in hisreport of May 2004 that

“Compliance by all parties to conflict withinternational humanitarian, human rights, refugeeand criminal law is critical in all of thesesituations, whether they are situations of armedconflict, occupation or transition.” (S/2004/431,para. 3)

Article 48 of the Protocol Additional to theGeneva Conventions stipulates that

“In order to ensure respect for andprotection of the civilian population … the

parties to the conflict shall at all times distinguishbetween the civilian population and combatants.”

Unfortunately the disproportionate use of force,excessive rules of engagement, indiscriminatedeployment of high-yield weapons and ill-treatment ofprisoners have rendered such injunctions largelymeaningless. Resolution action on the part of theinternational community is required to reverse theseunacceptable trends.

Secondly, it is imperative to bring an end to theculture of impunity. The parties guilty of harmingcivilians must be identified and the perpetratorsbrought to justice swiftly. All available legalmechanisms must be fully utilized to investigate,prosecute and punish the culprits.

Thirdly, immediate, safe and unhinderedhumanitarian access to civilians in all conflictsituations is critical to saving lives. No party should beallowed to deny or obstruct such access in any phase ofthe conflict.

Fourthly, provision of emergency relief assistanceto civilian victims of conflict is vital. Besidesmobilizing resources through voluntary contributions,consideration must be given to providing fundingthrough the regular budget as well.

Fifthly, deliberate violence against humanitarianand United Nations personnel is an unacceptable andrelatively recent phenomenon. Measures should betaken to hold perpetrators accountable in line withSecurity Council resolution 1502 (2003).

Sixthly, sexual violence and other abuses ofwomen and children are inexcusable. Considerationshould be given to the adoption of a declaration thatthe targeting of women and use of rape as aninstrument of war constitute a war crime. Concretesteps must also be taken to bring the abominable use ofchild soldiers to an end. In this context, we welcomethe Secretary-General’s attention and efforts to addressthe problem of sexual violence by United Nationspeacekeepers or civilian personnel.

Seven, a coherent and integrated approach by allactors is essential. Closer coordination must beguaranteed among the national players — theInternational Committee of the Red Cross, the UnitedNations, regional and subregional arrangements andhumanitarian organizations providing protection andrelief assistance to civilians in armed conflict.

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And eight, regular monitoring and consistent andobjective reporting by the United Nations systemacross all conflict situations must be ensured with aview to encouraging necessary responses from theinternational community. In our view, there should beno neglected emergencies, no ignored conflicts.

In conclusion, let me say that strengthening theframework for the protection of civilians in conflictsituations, which are characterized by an increasinglychallenging environment and diversity of actors, is notan easy undertaking. The Security Council shouldremain focused and keep individual civilian victims ofconflict at the centre of attention. But this must also bedone within a larger framework that puts an equalpremium on conflict prevention, conflict resolution,addressing root causes and providing long-termassistance to tackle the developmental andreconstruction challenges of States affected by or likelyto be engulfed by conflict. As the Secretary-Generalhas stressed, our efforts to promote a culture ofprotection can achieve moral authority and credibilityonly through principled, consistent and effectivepractice.

Mr. De La Sablière (France) (spoke in French):First of all, Mr. President, I would like to say howpleased my delegation is with the initiative you havetaken. The fact that you have come to chair this debatein person shows very well the importance that Algeriaaccords to the question of protection of civilians. Weare also pleased to see that Secretary-General hasjoined us, since he has done so much to protectcivilians in armed conflicts. I would also like to thankMr. Egeland for his statement, which has provided agreat deal of information.

I associate myself with the statement that theAmbassador of the Netherlands will make shortly onbehalf of the European Union. For my part, I will justmake a few remarks.

The protection of civilian populations in armedconflicts has become a major issue for internationalpeace and security. To us it seems important that thismatter be treated, at least in part, from the standpointof collective security and the use of force in the reportof the group of eminent personalities. There is acollective obligation to protect when a State is nolonger in a position to exercise one of its primaryresponsibilities — to protect the population living onits territory — or no longer has the will to do so. It is

therefore crucial that the question of protection ofcivilians in armed conflict be on the Council’s agenda.It has been on the agenda for five years, but it is nowhigh time to fine-tune our analysis and our strategyregarding the Security Council’s responsibility toprotect.

I note first that the protection of civilians hasbecome an integral part of the mandates of mostpeacekeeping operations. It is worthwhile that there bediscussions on integrated missions between theDepartment of Peacekeeping Operations and the officeof Mr. Egeland, with the purpose of better definingrelations between the military and humanitariancomponents. But we must distinguish these integratedmissions, which have other objectives besidesprotection, from actions taken by the Council that arecentred on protection, which could be authorized infuture on the basis of the emerging norm of collectiveobligations to protect.

France welcomes that development and has verylogically made some proposals on that subject.Furthermore, this is the idea behind therecommendations of the group of eminentpersonalities, which in this area will bring up militaryinterventions as a last resort. We believe the Councilshould deal directly with massive violations ofinternational humanitarian law. It has a range ofpossible options. In the most dramatic situations, amilitary intervention might be the only option to avoidor stop substantial loss of human life, but I wouldrecall that such an this option would be withoutprejudice to other actions that the Council mightundertake first — preventive diplomacy or deploymentof civilian or military prevention forces.

At any rate the role of the Council must beproperly connected with the protection mandate ofother United Nations bodies — the General Assembly,Economic and Social Council, the Human RightsCommission of course — but also the agencies that,alongside the International Committee of the RedCross and other international organizations and NGOs,are often the first responders on the ground when thereis a humanitarian emergency. The recent experience ofDarfur shows the need to establish a comprehensiveprotection strategy, which will allow us to bettercoordinate actions among all participants. Propercoordination on the ground is, in fact, a guarantee ofeffectiveness.

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The Council’s taking effective action in terms ofprotection also depends on what tools and whatinformation are available to it. Excellent work has beendone in this regard with the aide-memoire in particular.The 10 action points identified by Mr. Egeland are avery useful platform and will allow us to take up allaspects related to civilian protection.

We perhaps could go further. I have a fewsuggestions.

First, the reports of the Secretary-General on theprotection of civilians could be presented to theCouncil annually, instead of every 18 months. Theycould also more systematically catalogue the elementsthat constitute protection crises and include, forexample, a listing of particularly serious situationspertaining to the refusal to grant humanitarian accessand cases in which camps for refugees or displacedpersons are attacked or infiltrated by armed elements.The reports could also be more specific when it comesto those victimized by sexual violence who are used asa weapon of war.

Moreover, when necessary, the practice ofproviding biannual briefings could be supplemented bymore specific briefings. Those briefings could dealwith especially worrisome situations, as has alreadybeen done, for example, with regard to Darfur andUganda. These briefings would be given withoutprejudice to other measures — for instance, theCouncil hearing the High Commissioner for HumanRights.

Mr. Egeland has just given us a rather bleakassessment of the situation. Allow me to respond tosome of the points made in his briefing.

I should first like to take up the right tohumanitarian access, which is the logical corollary tothe right of civilian populations under threat toassistance and protection. It is unacceptable for thatright or its legal underpinnings to be contested. It isequally intolerable for combatants to targethumanitarian personnel providing assistance on theground. We have the duty to continually reaffirm theright to humanitarian access in the texts we adopt.However, such a necessary standard reminder is clearlynot enough. In cases where a crisis of access arises, theCouncil often needs specific information, for which itmight be useful, and even necessary, to deploy fact-finding missions to very precisely identify the causesand scope of a problem. While insecurity in combat

zones is difficult to deal with in the absence of aceasefire, other obstacles to access — such asadministrative impediments and the refusal to issuevisas and laissez-passers — can be dealt with quickly,as was done in the case of Darfur.

It is often necessary to establish contact with allparties to a conflict, and in particular with armedgroups controlling parts of a territory in which peopleunder threat live. I know that carrying out a dialoguewith non-State actors is a delicate matter. However,once again, the need to assist and protect should bemore important than anything else. If, for obviousreasons, officials are unable to negotiate access, theyshould not stop humanitarian personnel, agencies ornon-governmental organizations from doing so.

As Mr. Egeland pointed out in his briefing, thefact that the use of sexual violence as a weapon of waris increasing is another very serious issue. The reasonfor that can usually be summed up in one word:impunity. For example, thousands of women have beenraped and attacked in the Democratic Republic of theCongo and Darfur. The people who committed thosecrimes, which are serious violations of internationalhumanitarian law and are so defined by the RomeStatute, have to date not been subject to proceedings.That situation cannot be tolerated, whatever thereasons for the impunity — be it voluntary inertia, thephysical inability of authorities or the collapse ofnational judicial systems. The culprits mustnevertheless be identified and held accountable fortheir actions. Whether to name and shame thoseresponsible should be considered in very serioussituations; it is a matter that deserves to be looked intofurther.

More generally speaking, the internationalcommunity has not yet satisfactorily addressed theissue of impunity regarding those who launchdeliberate attacks against civilians. We have madesome progress, but it is not enough. There are severalreasons for that. One, and certainly not the least, is thelack of consensus with regard to the InternationalCriminal Court. As a result, the division that exists inthat connection has led to considerably limiting theCouncil’s action today. This is a real problem.Combating impunity follows the same logic as theprovision of protection, to which I referred at thebeginning of my statement. The internationalcommunity should react unanimously when a Statecannot charge individuals who commit gross

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violations. In particular, the Council must be able toturn to article 13 (b) of the Rome Statue, whichprovides the Council with the option to approach theProsecutor of the International Criminal Court. Itseems to me that there must a minimum of consistencyin that regard. We cannot use article 98 of the Statueand then block the use of article 13 (b), which wouldmake it possible to effectively combat impunity.

Lastly, allow me to say a few words with regardto a matter that France has been following very closely,and that is the situation of children in armed conflict.International humanitarian law provides specialprotection for children because they are the mostvulnerable members of a civilian population. It istherefore especially intolerable that not only wouldsuch protection be denied them, but that they wouldalso be recruited as combatants. The Security Councilmust continue to be involved in this area in order toeffectively combat such terrible practices. I am pleasedthat, on the initiative of Benin, the Council will addressthis matter in greater detail at the beginning of nextyear. I hope that the report of the Secretary-General onthis question will soon be available. The matter is tooserious for there to be any overriding considerationsother than the interests of children — be they legal,political or bureaucratic in nature.

In conclusion, I would like to express France’sfull support for the draft statement that has beenprepared by the Algerian presidency. That text is veryuseful in that it focuses on the major problemsassociated with the protection of civilians, includingthose that I have just mentioned. I hope that it will bepossible to go further next year and to adopt aresolution that takes into account the considerationsthat have been raised with regard to the Council’s rolein the area of protecting civilians.

The President (spoke in Arabic): I thank therepresentative of France for his kind words directed atmy country.

Mr. Zhang Yishan (China) (spoke in Chinese):At the outset, I would like to welcome the Presidentand to thank him for having travelled to New Yorkfrom afar to personally preside over today’s meeting.His having done so clearly demonstrates that he and hiscountry attach great importance to the United Nations,the Security Council and the issue we are consideringtoday. I would also like to thank the Secretary-Generalfor the relevant information he has provided, as well as

Under-Secretary-General Egeland for the briefing hehas just given.

In recent years the issue of protecting civilians inarmed conflict has been the subject of increasinginternational attention and concern. The SecurityCouncil has taken up the matter on numerous occasionsand has adopted relevant resolutions and presidentialstatements. Other United Nations agencies have alsomade great efforts. Many humanitarian organizationshave also played a positive role in relieving thesuffering of civilians in armed conflict. The basicneeds of thousands upon thousands of civilians forfood, water and medicine, can hardly be assured.Civilians are the targets of repeated attacks of allkinds. Thus, it is obvious that much remains to be doneby the international community concerning theprotection of civilians. In that regard, I wish to stressthe following points.

First, all parties to a conflict should strictly abideby international humanitarian law and scrupulouslyfulfil their obligations with regard to the protection ofcivilians. The relevant United Nations agencies andpeacekeeping operations should increase theiradvocacy of international humanitarian law and raisethe awareness of parties to a conflict of their civilianprotection responsibilities, and should ensure that therelevant peace operations abide by provisionsconcerning the protection of civilians. Moreover,humanitarian relief workers and organizations shouldstrictly abide by the principles of justice, impartialityand objectivity, and should refrain from involvementwith, or support for, any party to a conflict.

Secondly, facts have shown that military meansdo not provide a fundamental resolution of conflict andin many cases only serve to complicate matters andresult in greater casualties among innocent civilians.Only focusing on prevention and addressing both thesymptoms and the root causes of conflict can result inthe fundamental settlement of a conflict, and in theprotection of civilians.

The international community should provide helpto effective countries or regions in conflict to formulatecomprehensive and integrated strategies of conflictprevention, remove the root causes of conflict, promotenational integration and reconciliation and attainsustainable development. Coordination and cooperationshould be strengthened within the United Nations

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system, and among the United Nations system, regionalorganizations and United Nations Member States.

The Security Council should make further effortsto contain conflicts and promote and consolidate peaceprocesses. In addition, the attainment of theMillennium Development Goals would contribute tothe international community’s efforts to preventconflicts. We appeal to all parties to address that issue,and to take effective follow-up measures.

Finally, I would like to pay high tribute tohumanitarian workers who brave warfare and makeselfless contributions without regard for their personalsafety and their lives. They have not only brought foodand medicine to those in dire situations and need, moreimportant, have also brought hope for survival. Wecondemn all attacks against humanitarian reliefworkers and appeal to all parties to implement SecurityCouncil resolution 1502 (2003) in earnest and topunish severely those responsible. We also appeal to allcountries to give positive consideration to accession tothe Convention on the Safety of United Nations andAssociated Personnel.

Mr. Baja (Philippines): We are honoured,Mr. Minister, that you are presiding over the SecurityCouncil meeting on this important issue of theprotection of civilians, and we thank your delegationfor convening this open debate. I also thank the Under-Secretary-General for Humanitarian Affairs, Mr. JanEgeland, for presenting an update on protection issuesin conflict situations and for stressing his sevenchallenges and recommended responses with regard tothose protection issues.

The continued and worsening suffering of manycivilians today is an unacceptable irony considering theadvances that man has achieved in the new millennium.Just as collective efforts in commerce and informationtechnology have benefited mankind, collective effortsare also essential in responding to the variousprotection challenges that are bound to affect societies.Three major points will give a fresh perspective on theissue; a system-wide approach; more proactivity; anddomestic ownership of a culture of protection.

Concerning the system-wide approach, mydelegation is happy to note that the Security Councilappears to have accepted the link between security andhuman rights and the growing consciousness within theUnited Nations with regard to the crucial importance ofa coherent system-wide response to the situation of

affected civilians. No organ or entity of the UnitedNations has a monopoly on effective response. Thework of the Council on the issue should, therefore, beeffectively integrated with the work of other entities inthe Organization — particularly with that of theGeneral Assembly, the Economic and Social Counciland the specialized agencies — and, in applicablecases, with the work of non-governmentalorganizations and civil society.

In that regard, we cannot overemphasize thevalue of the road map for the protection of civilians,which lays out the responsibilities of all concernedUnited Nations entities. We call for a periodicassessment, possibly to be led by the Under-Secretary-General for Humanitarian Affairs, of the progress byvarious concerned United Nations organs and agenciesin the discharge of their mandates in this area. Thatinformation could very well feed into an enhanced andaccurate reporting and monitoring framework and alsoprovide valuable input for the review of theMillennium Declaration, which identified the theme ofprotecting the vulnerable as a priority.

The report of the High-level Panel on Threats,Challenges and Change (A/59/565) stresses the needfor United Nations organs, including the SecurityCouncil, to be more proactive in their work. Indeed,my delegation believes that that recommendation cutsacross all the issues within the Council, including itswork on the protection of civilians.

It may be observed that the greater part of thework of the United Nations in protecting civiliansinvolves after-the-fact operations that are mainlyreactive responses to crises. Although it isunderstandable that work in protecting civilians occursmore during or after a conflict, there should be moreeffort to protect civilians in the face of imminentconflict. That proactive way of protecting people willsave more lives and reduce vulnerability to the grimconsequences of conflict. Specific strategies wouldentail a more systematic incorporation of protectionissues in the planning of all peace support operations toinclude procedures, inter alia, to detect and preventsexual and gender-based violence, mitigate thenegative consequences of displacement and curb theuse of small arms to perpetuate conflict.

More fundamentally, being proactive in theprotection of civilians fosters the prevention ofconflict. Pivotal to meeting the challenges of

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preventing conflict and related security threats is theanalysis of and response to the root causes of conflict.As observed by the High-level Panel in its report, lackof development undermines peace and security. ThePanel also emphasized that development is vital inpreventing the erosion of the capacity of States inmeeting the threats to security and constitutes the waytowards peace and security in the long term.

The United Nations is auspiciously placed toforge regional networks of cooperation and support inorder to ensure the protection of civilians at all stagesof conflict — more favourably, at the pre-eruptionstages. The work that the Council undertakes inharnessing regional and subregional cooperationcontributes to achieving a proactive strategy for theprotection of civilians. The role of humanitarianorganizations in that regard is important and has beenacknowledged to be so, and it will continue to be vitalin the future. Such recognition could best be evidencedby granting those organizations unimpeded access tocivilians in need — and, more so, by ensuring thesafety of their personnel.

Finally, like many other principles and systems, aculture of protection of civilians can hardly be imposedon any society. For it to be truly absorbed, there shouldbe genuine domestic ownership of a culture ofprotection. Nevertheless, the international communityneeds to engage in emergency conflict situations wherethere is a lack of willingness or capacity of States toprotect civilians.

The United Nations should lead efforts incapacity-building for States that request it and infacilitating the mobilization of needed resources.Along those lines, peacekeeping operations shouldhave robust and well-resourced human rightscomponents focusing on children and gender. TheSecurity Council promotes domestic ownership of aculture of protection by enabling concerned States toeffectively respond to crises and ensure respect for andadherence to the principles of international law. UnitedNations country teams and peace missions can alsoplay a role in facilitating the devolution of a culture ofprotection from the national level to the local levels ofsociety. Once again, the reports, briefings andproposals by humanitarian organizations, based ontheir experience on the ground, will be of immensehelp in that regard.

The agenda for the protection of civiliansrequires sustained and pragmatic commitment. Politicalwill among all concerned should be heightened andtranslated into tangible strategies to improve theenvironment of protection for all civilians. That wouldnow best be applied in the specific crises cited byUnder-Secretary-General Egeland, such as those in theDemocratic Republic of the Congo, Côte d’Ivoire,Afghanistan, the Sudan, Iraq, Liberia and Somalia. Weare happy to note that those protection issues are firmlyon the Council’s radar.

Sir Emyr Jones Parry (United Kingdom): At theoutset, may I thank you, Mr. President, and theAlgerian presidency for convening this meeting and forchoosing this particularly important subject. We arehonoured to have you with us here today.

I would like to associate myself with the remarksto be made subsequently by the Dutch presidency ofthe European Union.

Allow me also to thank Under-Secretary-GeneralEgeland for his comprehensive and powerful briefing. Iwould like now to respond to some of the points that hemade.

First, humanitarian access lies at the heart of theprotection response. The inability to deliverhumanitarian relief to victims of conflict directlyconcerns this Council. We therefore concur with Mr.Egeland’s encouragement that the Council use itsauthority where necessary to facilitate assistance andprotection. We need to strengthen the overall responsecapacity of the humanitarian community.

Secondly, in order to do that we must reduce thedelays in humanitarian financing for the provision ofthat assistance and protection. Donors must do better inthat regard and disburse funds more quickly, including,upon request, to regional organizations, which alsoplay an important part in protecting civilians. The needfor a quick response to an individual crisis should notbe delayed by tardiness in producing a response to aspecial dedicated appeal.

Thirdly, there is an urgent need to strengthen thecollaborative approach to protection, especially at thefield level, between humanitarian and human rightsactors. We note a serious lack of results-basedreporting on protection objectives in humanitarianprogrammes. This could perhaps be considered along

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with the Secretary-General’s proposal for a mechanismto provide better facts and statistics on protection.

Fourthly, threats to humanitarian staff threatenthe viability of humanitarian operations. We must findcreative ways to address that problem, usinghumanitarian and political diplomacy, recognizing thatthe relationship between humanitarian action and theobjectives of political and military activity is morecomplicated than was suggested by the Under-Secretary-General. In Iraq, the recent abduction ofMargaret Hassan provides a chilling reminder of thedangers faced by humanitarian personnel in the field,and we take this opportunity to pay tribute toMargaret’s tireless efforts to help those in need.

Fifthly, we need to address sexual and gender-based violence in a more systematic way, perhapsthrough the International Criminal Court. We agreewith Mr. Egeland that there can be no impunity forsuch acts and that the Council must press foraccountability. That must apply, in particular, to thebehaviour of personnel working in the field under theflag of the United Nations. We all have an obligation toensure strict adherence to the standards of conduct thatthe Secretary-General has set out in his bulletin.

Sixthly, this wide-ranging debate on theprotection of civilians in armed conflict is verywelcome. It demonstrates the Security Council’sinterest and competence in the subject. However, in theview of the United Kingdom, we must adopt a moreproactive stance. Jan Egeland has suggested some areasfor follow-up, but there are more, including the need tolook at situations in which the difficulty ofhumanitarian access portends potential conflict. TheUnited Kingdom believes that a stronger role by theCouncil throughout the conflict spectrum is overdue.The Council therefore should engage more directly inthe commitment to prevent and in the responsibility toprotect. The follow-up to the report of the high-levelpanel gives us the opportunity to move that agendaforward.

The situation in Darfur exemplifies why thesepoints are important. Six months ago, in his lastbriefing to the Council, Mr. Egeland expressed deepconcern about attacks on civilians in Darfur. Sadly, thatsituation has improved little. The recent escalation ofviolence and the continued breaches of internationalhuman rights and humanitarian law underline thefailure to protect civilians in Darfur. Unless all parties

abide by their commitments, halt hostilitiesimmediately and agree on a political solution to theconflict, the international community, including thisCouncil, will need to take more decisive action. TheUnited Kingdom welcomes the text of the proposedpresidential statement and, like Ambassador De LaSablière, we would like to see a resolution adoptedsoon in this area.

Finally, by way of an advertisement, I would liketo announce that the British Government will host aWilton Park conference on the protection of civilians inFebruary 2005. The conference will examine thedefinition of “protection”, as well as the protection gapbetween the legal framework and the realities on theground. We are in the process of finalizing the detailsof that conference. My delegation will be happy toprovide more concrete information in due course.

Mr. Pleuger (Germany): Mr. President, I wouldlike to welcome you to the Chair. We feel veryhonoured by your presence, which shows yourcommitment to this cause. We thank you for giving theCouncil the opportunity to return to the very importantissue of the protection of civilians in armed conflict. Ialso wish to thank Mr. Egeland for his comprehensivebriefing, which provides food for thought and impetusfor further action.

Germany fully aligns itself with the statementthat will be given by the delegation of the Netherlandson behalf of the European Union later in this debate.

The latest report of the Secretary-General on theprotection of civilians in armed conflict (S/2004/431)charts the way forward. Germany fully endorses thereport and the recommendations and observationscontained therein.

In the year 2005, we will aim for a majorstocktaking of where we stand in the achievement ofthe goals that we agreed upon at the MillenniumSummit in 2000. The protection of civilians in armedconflict is one of the priorities in the MillenniumDeclaration; it cites the need to expand and strengthenthe protection of civilians in complex emergencies andcrises in conformity with international humanitarianlaw.

This Council has ample reason to continue andintensify its consideration of this cross-cutting issue inthe months to come. The success and sustainability ofour efforts hinge on how we handle the matter.

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Cross-cutting as it is, protection must go beyond ashort-term humanitarian engagement. Humanitarianassistance and its tools are vital, but we need more:cooperation and coordination with all actorsresponsible for security, crisis prevention,disarmament, demobilization, reintegration andrepatriation, law enforcement, capacity-building,reconstruction and development, and other relevantcomponents. All partners must act in the spirit of ahumanitarian social contract. The problem of illicitsmall arms and light weapons in many conflict regionsneeds to be tackled in parallel to the demobilizationand disarmament of ex-combatants.

The protection of civilians in armed conflict is ahighly complex subject — so complex that the Councilsaw the need to adopt an aide-memoire that breaks thetopic down into tangible fields, or elements ofprotection. We would like to emphasize the usefulnessof the aide-memoire and of the road map on theprotection of civilians in armed conflict as tools tobetter facilitate and synchronize discussion and actionto be taken. Germany also endorses the 10-pointplatform that was presented by Under-Secretary-General Jan Egeland to the Security Council at itsmeeting last December. My delegation would see greatmerit in the adoption of the 10-point platform by theCouncil.

On this occasion, Germany would like to proposethree points that we deem to be of crucial importanceconcerning areas where the need for progress is urgent.These points are also reflected in the report of theHigh-level Panel on Threats, Challenges and Change.We appreciate the fact that the authors of the reportsaw a need to touch upon the protection issue, and weagree with their recommendations in that regard. Wepropose the following.

First, let us put an end to impunity. Impunity isone of the worst root causes of the violation of theintegrity of civilians. Parties to armed conflict need tocomply with international humanitarian law, inparticular the four Geneva Conventions and their twoAdditional Protocols. If we do not end impunity forviolations of international humanitarian law, refugeelaw and human rights law, there will be no deterrent forthe perpetrators of such acts of violence andaggression. Combatants who violate the principles ofhumanitarian law — be it by committing acts againstcivilians or acts against humanitarian personnel —need to know that they are acting against fundamental

principles of humanity and that their acts willeventually come under the close scrutiny of theInternational Criminal Court or of a regional tribunal.

In that regard, we fully concur with the High-level Panel in its calls on combatants to abide by theprovisions of the Geneva Conventions and on allMember States to sign, ratify and act upon all treatiesrelating to the protection of civilians, including theConvention on the Prevention and Punishment of theCrime of Genocide, the Geneva Conventions, theRome Statute of the International Criminal Court andall refugee conventions. I would like to emphasize therole that the International Criminal Court might have inaddressing the issue of impunity. We regret that there isserious disagreement about the role of the Court. Webelieve that we should consider options andpossibilities aimed at bridging those differences,because we need to advance further towards universalacceptance of the Court’s jurisdiction.

My second point is that we should better addressthe issue of humanitarian access, as some previousspeakers have already pointed out. As the Secretary-General pointed out in his most recent report(S/2004/431), humanitarian access is either denied orobstructed for more than 10 million people around theworld. Given such a number, my delegation finds itdifficult to understand why we have to fight so hard inthe General Assembly and in the Economic and SocialCouncil to include proper language on access inresolutions concerning humanitarian assistance.

Humanitarian access has a single goal: to helppeople who are in critical need. No humanitarianaction, no humanitarian staff member, intends toviolate the sovereignty of States. Sovereignty is not apredominant issue for the humanitarian community, butit is a crucial point for those who deny access or linkaccess to prior approval by the State concerned. Thatconflict of perceptions determines our humanitariandiscussions and actions. Our energies are siphoned offby legalistic skirmishes, when instead we should beacting in concert to reach a broad-based operationalapproach. We believe that the vulnerable and thosewho suffer merit a more effective decision-makingprocess among ourselves.

We appreciate the recommendations contained inthe report of the High-level Panel on viable, practicalmeasures such as training for political andpeacekeeping representatives to negotiate access and

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the use by the Security Council of special fieldmissions or other diplomatic measures to enhanceaccess and the protection of civilians.

If we want to improve the quality of protection,we have to look at the field. There is an evident needfor improved coordination of protection measures atthe field level. To date, no single United Nationsagency has the overall competence to deal withprotection. However, protection can be properlyexecuted only if it is tackled in a comprehensive way.A first practical example of such coordination is theprotection working group that was recently establishedin Khartoum to deal with protection issues in Darfur.My delegation is convinced that the Council shouldstudy additional ways in which to reach a morecomprehensive level of protection.

Thirdly, we must stop the recent trend of usingsexual violence as a weapon of conflict. Theimportance of reversing the escalating cycle ofviolence against women and children during and afterconflict cannot be overstated. Women and children —be they civilians or female or child soldiers — areamong the most vulnerable groups in times of conflict.Women are increasingly subject to cruel, degrading andoften lethal treatment in times of conflict. Childrensuffer most and have the fewest defences in conflictsituations if they are separated from or deprived oftheir parents, and their ability to cope with a quicklychanging environment is very limited.

Many children without protection are beingkidnapped and made child soldiers. Pressing childreninto military duty rather than letting them developpeacefully is one of the most short-sighted and cruelacts anyone can commit. Even apart from the crueltyinvolved, it will have a long-term negative impact. Inthat regard, I should like to recall Council resolution1539 (2004) and the preceding relevant resolutions.

Women and children are also, to anunprecedented extent, victims of atrocious sexualviolence. Worse still, sexual or gender violence isintentionally and systematically used as a weapon ofwarfare. We must undertake special efforts to studythat phenomenon as diligently as possible to come to aswift determination on how to stop that practice. In itsreport, the High-level Panel proposes giving humanrights components of peacekeeping operations explicitmandates and sufficient resources for investigating andreporting human rights violations against women. The

Panel also proposes that the recommendations ofCouncil resolution 1325 (2000) on women, peace andsecurity and of the associated Independent Experts’Assessment for the protection of women be fullyimplemented. The German delegation fully concurswith those proposals.

Let me end my remarks by reiterating ourposition: we believe that a new resolution on theprotection of civilians would be a feasible option forthe Council. I say that, bearing in mind that many ofthe points raised by the excellent Security Councilresolutions 1265 (1999) and 1296 (2000) still awaitimplementation. However, we believe that thechanging character of conflict and the development ofnew threats, new institutions and new tools to engagemore effectively in assistance should be reflected in anoperational text adopted by the Council.

Mr. Holliday (United States of America): Iwould like to welcome you, Mr. Minister, and tocongratulate Algeria on its presidency. I would likealso to thank Under-Secretary-General Egeland for hispresentation.

The Secretary-General’s report (S/2004/431) of28 May, concerning the protection of civilians in armedconflict, paints a disturbing picture but also highlightsongoing work towards safeguarding civilians from thedevastating effects of armed conflict. The Secretary-General and the Office for the Coordination ofHumanitarian Affairs have provided us with a usefulstatus report on the current situation and with gooddirection for the way ahead. Much depends, however,not on what we say or do here, but on whatGovernments do to protect their own people or to allowothers to help.

Support for the protection of fundamental humanrights is one of the foundations of United States foreignpolicy, as Secretary Powell outlined this week on theoccasion of Human Rights Day. The lessons of the pastare clear: the enjoyment of human rights helps tosecure the peace, deter aggression, promote the rule oflaw, combat crime and corruption, strengthendemocracies and prevent humanitarian crises. Regimesthat violate the human rights of their own citizens aremore likely to disrupt the peace and security ofcountries in their regions. The best guarantor ofsecurity and prosperity at home and abroad is respectfor individual liberty and the protection of humanrights through good governance and the rule of law.

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Let me now turn briefly to some specific cases ofconcern to us in the international community. Wecontinue to be gravely concerned about the ongoingcrisis in Darfur, and especially the impact of theconflict on civilians in that region. Up to 70,000 havedied, and another 1.8 million have been displaced. Thesituation in Darfur illustrates the urgent role that Statesmust play to safeguard civilians, including those whoare internally displaced. When States fail to do so, theUnited Nations, together with humanitarian agenciesand organizations, must speak out and help addressthose crises. Several other countries, includingAfghanistan, the Democratic Republic of the Congoand Liberia, have emerged from long-standing armedconflicts into delicate situations of transition wheremany protection challenges have increased. UnitedNations peacekeeping and assistance missions, togetherwith support from non-governmental organizations andUnited Nations agencies, help to ensure that civiliansin those regions are not denied the dividends of peace.

We are encouraged that the Security Council hasbeen addressing the regional dimensions of civilianprotection more consistently. Furthermore, SecurityCouncil resolutions and peacekeeping mandatesregularly identify key protection issues, including thedeliberate targeting of civilians, the use of sexual andother forms of gender-based violence, the recruitmentand use of child soldiers and the need to ensurehumanitarian access to facilitate the delivery ofassistance and ensure the safety of United Nations andassociated personnel.

On a related note, several of our Councilcolleagues have spoken of the need to dealaggressively with the question of impunity. As we havesaid on numerous occasions, the United States iscommitted to international accountability for warcrimes, genocide and crimes against humanity. Theimpunity issue is a very important one and must beaddressed. As my Council colleagues will appreciate,the United States position with regard to its ownparticipation in United Nations missions and theInternational Criminal Court (ICC) is well known. It isour understanding that this particular presidentialstatement that we will adopt today does not deal withquestions of the jurisdiction of the ICC. We aregrateful to the Government of Algeria for leading us informulating an excellent presidential statement, whichwe are very pleased to support.

In closing, the United States reiterates its supportfor United Nations efforts to promote universal respectfor human rights and to help protect civilians fromdangers arising from armed conflicts in many placesaround the globe. We encourage the Secretary-General,Under-Secretary-General Egeland and other key actorsin the United Nations system to continue the dialogueon how United Nations bodies can better work togetherwith States to promote protection and to presentcountry-specific recommendations for the Council’sconsideration.

Mr. Dumitru (Romania): We are very honouredby your presence, Mr. Minister, and we wish to thankyou and the Algerian presidency for taking theinitiative of holding this very important and timelymeeting on a highly topical matter. We are also gratefulto Under-Secretary-General Jan Egeland for histhoughtful briefing. I would like also to mention thatRomania associates itself with the statement which isto be made by the Permanent Representative of theNetherlands to the United Nations on behalf of theEuropean Union.

We welcome the performance and progress thatthe United Nations and its partners have achieved intheir humanitarian work since the Secretary General'sreport of 28 May (S/2004/431). However, it is evidentthat the situation remains disturbing in many parts ofthe world, since civilians, in particular women,children and other vulnerable groups, are increasinglytargeted by combatants during armed conflict.

It goes without saying that the Council hasalready acted with respect to the protection of civiliansin armed conflict. It has made a considerable numberof commitments and identified certain priorities, whichhave been addressed to a significant extent.Nevertheless, the ever-changing picture of conflict wewitness today forces us to adjust the ways we addressthe problem.

Perhaps the most dramatic evidence of thechanging nature of conflict is the fact that civilians areno longer just incidental victims of armed conflicts, buthave increasingly become targets and even tools ofwarfare. Women and children are especially vulnerablein situations of armed conflict, and there are situationsin which humanitarian workers of the United Nationsand non-governmental organizations have becomedirect targets — as a tactical move frequently resortedto by the factions engaged in conflict.

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When moving from conflict to peace or from oneconflict to the next, we are able to ascertain new trendsand become aware of new needs related to theprotection of civilians. We continually identify newthreats to civilian populations, including to the mostvulnerable among them, and foster attempts to come upwith the right answers — often on a case-by-case basis in order to protect them. Each conflict is a milestone inthat effort and teaches us new lessons. This Councilhas the obligation to adjust its responses accordingly.

First, we must strengthen norms and ensure theirproper implementation. The Security Council mustmake sure that parties to conflicts are pressured tocomply fully with the provisions of the Charter of theUnited Nations and with the rules and principles ofinternational law, in particular internationalhumanitarian, human rights and refugee law.

Further, we need to step up efforts to ensure thatall States live up to their commitments to end impunityand prosecute those responsible for genocide, warcrimes, crimes against humanity and violations ofhumanitarian law. Taking into account the special needfor protection of certain categories of civilians, wemust undertake specific measures and design a broadstrategy with the aim of preventing and addressingcases of sexual and gender-based violence and makingsure that those atrocious violations of human rights donot go unpunished.

Against that backdrop, Romania considers thatspecial attention still needs to be given to thehumanitarian crisis in Darfur, as well as to those innorthern Uganda, Côte d'Ivoire and the DemocraticRepublic of the Congo — to name only the most tragicexamples of situations in which civilians are sufferingfrom armed conflicts. We have been actively involvedin encouraging the inter-Sudanese peace process and infinding solutions for the humanitarian crisis in Darfur.The Security Council must continue to be active in thatrespect; Romania is ready to support the creation ofnew instruments designed to appropriately calibrateour responses in order to protect civilians in armedconflict in an ever-changing security context.

Prevention is key to protection. In that respect,we need to adopt a more strategic approach in order toaddress the root causes of armed conflict in acomprehensive manner. The international communitymust provide the necessary incentives for parties toengage in meaningful processes of political

reconciliation. Establishment of democraticinstitutions, respect for human rights and ensuringmaterial conditions for sustainable development insocieties shaken by conflicts are of no less importance.

On the other hand, the regional dimension ofcertain armed conflicts has been proven. Romania hasalways strongly supported the United Nationsentrusting regional organizations with the mandate totake up this agenda and bring the tasks associated withit to fulfilment. In order to better calibrate our responseto the evolving environment of conflicts and to build aviable system of protection — on issues involving theprocesses of disarmament, demobilization,reintegration and rehabilitation; refugees and internallydisplaced persons; or small arms — we must also thinkregionally and engage the United Nations in a mutuallybeneficial cooperation with regional organizations. Thedevelopment of a regional protection strategy shouldbe one important step in that direction. We welcomethe Secretary-General’s recommendation regarding theestablishment of a framework within which the UnitedNations could engage with regional organizations in amore systematic way when addressing humanitarianaspects of various crises at the regional level.

We are of the opinion that is it essential toimprove the overall capacity of the United Nationssystem to provide appropriate responses to crises —for example, by providing peacekeeping missions withappropriate mandates and adequate resources, thusenabling them to better attain their objectives,including the protection of civilians in situations ofarmed conflicts.

It is in this very context that Romania welcomesthe Algerian initiative to conclude this importantmeeting with a presidential statement that would alsoopen the road to further follow-up, including by theSecurity Council, of this topical issue.

Mr. Adechi (Benin) (spoke in French): Wewelcome you, Sir, and are honoured to see you in theChair for our debate today. We commend yourdelegation for the initiative you have taken to organizethis open meeting on a very important topic, given thegravity of the situations to which it refers.

The statement just made to the Security Councilby the Under-Secretary-General for HumanitarianAffairs, Mr. Jan Egeland, shows how great ourchallenge is in this area. We would like to thankMr. Egeland for again having been up to the task of

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defining the tribulations that civilians face in situationsof conflict throughout the world.

States have the major responsibility to protecttheir populations that are under their sovereign control.It is a major principle of international law. Thatresponsibility implies that appropriate measures mustbe taken to ensure the security of people and propertyon the territory that the State controls. Thatresponsibility is often flouted by the defiant behaviourof non-State armed groups, who launch attacks andcommit atrocities against civilians, revealing thedifficulty that some States have in meeting theirgovernmental responsibilities.

The Security Council has adopted manyresolutions examining this issue from different angles,the last one being resolution 1566 (2004), whichcondemns all attacks against civilians. Protection ofcivilians in time of conflict is no longer considered asubsidiary element of the Security Council’s mandate,which is to guarantee international peace and security.Protection of civilians is an integral and essential partof this mandate. The ultimate goal of the Council’swork is, in fact, to protect the security of peoplethroughout the world, not only those in the Stateswhere they live.

Since 1999, the Security Council has recognizedthe complex nature of contemporary conflicts and themore obvious need to take into account, in a consistentand comprehensive fashion, the situation of civilians inall international interventions that seek to end aconflict. Last year, during this same period inDecember, and in June of this year, the Council dealtwith this question. Among other actions contemplated,the Council decided to give preponderance to the aide-mémoire and the ten-point plan of action, also knownas the humanitarian road map. To be effective, theseinstruments must be regularly updated.

We are pleased that the protection of women,children and the elderly, as well as displaced persons,is seen as an important issue. In treating these issues, itis necessary to give pride of place to gender-specificand gender-related measures that will help to betterdefine the mandate of peacekeeping operations, as wellas support programmes for reconstruction. And weshould, as well, establish refugee camps for displacedpersons far away from borders to ensure their civiliancharacter. Increasing the effectiveness of the responseof the international community in terms of protecting

civilians can be accomplished by means of threepriority actions.

First, prevent human rights violations and grossabuses. To do that, the Council should reaffirm theneed to prevent excesses against civilians. Wherevercivilian populations are threatened, the Council mustbe up to the task of deciding quickly on the measuresneeded to ensure their protection. The mandate ofpeacekeeping operations must allow them to interveneeffectively to stop massacres and other massiveviolations of human rights.

Secondly, compel the parties to conflicts tostrictly respect international humanitarian law andhuman rights. The Council could take measures thatwould increase the penalities for misconduct on thosewho engage in it. Sanctions targeted against those whocommit such violations could serve as a deterrent.Blocking access to populations who need humanitarianassistance and attacks on humanitarian staff should beincluded among the acts that trigger the imposition ofinternational sanctions.

Thirdly, put an end to impunity. Repeatedmassive violations of human rights and humanitarianlaw during conflicts result from the fact that theperpetrators of these heinous crimes still have a greatdeal of room to manoeuvre and freedom to committhose crimes. The mere creation of internationalcriminal tribunals seems no longer to be sufficient. It isnecessary to help apprehend and bring before thosebodies those who infringe upon the universallyrecognized norms. This could be accomplished bygiving peacekeeping operations the power to refer tointernational jurisdictions those who have committedcrimes in their areas of competence. To do that, theCouncil would have to speak with one voice.

What about United Nations staff who are engagedin reprehensible conduct in the exercise of theirfunctions within peacekeeping operations and invarious situations where the population needs theirhelp to ease suffering? My delegation welcomes themeasures taken by the Secretary-General, in particular,Secretary-General’s Bulletin (ST/SGB/2003/13) onspecial measures for protection from sexualexploitation and sexual abuse. We support the contentof that Bulletin, being of the view that the staff of theOrganization should be above reproach and must fulfiltheir obligations and responsibilities with the dignityappropriate to functions of that nature.

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Above and beyond these considerations, theCouncil must give more attention to the prevention ofconflicts and make sure that the efforts ofpeacebuilding following conflicts will recognize thecrucial role that women and civil society can play inthe consolidation of the processes of normalization andin national reconstruction.

Finally, we support the draft presidentialstatement that has been tabled by the Frenchdelegation.

The President (spoke in Arabic): I thank therepresentative of Benin for his kind words.

Mr. Sardenberg (Brazil): First of all, I wouldlike to express how pleased my delegation is to seeyou, Mr. Minister, presiding over the work of theSecurity Council today. Algeria’s views on the crucialissues under consideration in the Council are always avaluable contribution. They broaden the perspective ofanalysis, thus adding value and credibility to the workof the Security Council.

May I also emphasize my delegation’s sincereappreciation to Ambassador Abdallah Baali for hisperformance as President of the Security Council forthis month.

Protecting civilians in armed conflict is one of themost challenging tasks facing contemporaryinternational life, so I would also like to express mydelegation’s appreciation to Under-Secretary-GeneralJan Egeland for his comprehensive and thought-provoking statement.

It has been one year since Mr. Egeland presentedto the Security Council his ten-point platform on theprotection of civilians in armed conflict. Today’sdebate is a welcome opportunity to revisit this criticaltopic, address some of the most pressing issues andfocus on concrete steps forward. As we are well aware,problems relating to protection have reacheddistressing dimensions, and, in paragraph 231 of thereport of the High-level Panel on Threats, Challengesand Change (A/59/565), the diagnosis on the subject ofprotecting civilians is precise:

“In many civil wars, combatants targetcivilians and relief workers with impunity.Beyond direct violence, deaths from starvation,disease and the collapse of public health dwarfthe numbers killed by bullets and bombs.Millions more are displaced internally or across

borders. Human rights abuses and genderviolence are rampant.”

Actually, it could even be said that, in some wars,civilians seem to be the belligerents’ preferred targets.The work of humanitarian actors has, in many cases,been hindered or prevented by denial or obstruction ofaccess, poor security conditions and lack of resources.These are key challenges for the United Nations as awhole and for its humanitarian partners.

The Council itself has achieved quite a lot inpushing forward the agenda for the protection ofcivilians. The time has come to reaffirm ourcommitment and agree on comprehensive, coherentand action-oriented approaches. The resolutionsalready adopted by the Council offer much potentialfor our work to advance.

More effective use must be made of the set ofrules that seek to limit the effects of armed conflict.Law must be translated into concrete action. Theprimary responsibility to abide by law and to protectcivilians from the ravages of war lies with belligerents.They must comply fully with internationalhumanitarian law; but in contemporary conflicts,humanitarian law seems mostly neglected ordeliberately breached. There is an ever-widening gapbetween existing international norms and respect forsuch norms.

A concrete possibility that deserves carefulattention and study is that of establishing a frameworkwithin which the United Nations could more regularlyengage with regional organizations on humanitarianissues related to protection and access, asrecommended by the Secretary-General in his latestreport. In this respect, my delegation will focusattention on possibilities such as the mechanism toprovide better facts and statistics on protection, asmentioned by Under-Secretary-General Egeland thismorning.

The Security Council has an important role toplay in the fight against impunity, with a view toensuring that the gravest international crimes do not gounpunished. The Rome Statute calls for a close andcooperative relationship between the InternationalCriminal Court (ICC) and the Council, and it providesthat the Council may refer to the Court cases ofgenocide, war crimes or crimes against humanity. Bybringing perpetrators to justice, the Court will be ableto provide long-term deterrence, thus playing a

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fundamental role in protecting civilians in armedconflict.

In discussing peacekeeping mandates, theCouncil has included provisions on the protection ofcivilians on a case-by-case basis. We are advancing inthis area, and we must continue to do so, especially inorder to ensure the protection of women, children andother minority groups. While peacekeeping operationshave been broadened, they have not been provided withadequate resources for the protection of civilians. Forinstance, disarmament, demobilization andreintegration (DDR) programmes, a key component ofthe protection agenda, remain continuously under-resourced, especially in the rehabilitation andreintegration phases. In countries emerging fromconflict, disarming and demobilizing activities need tobe matched with actions to reintegrate and rehabilitateex-combatants into society through employmentsupport and other income-generating projects.

The core components of DDR programmes mustbe funded from the assessed peacekeeping operationbudget in order to guarantee adequate and predictablefunding. The lack of support for the so-called forgottenemergencies is an issue that needs to be addressedproperly. If the horrors of some wars are quite oftenhighlighted by the mainstream media, other crisesappear, unfortunately, to be forgotten or ignored. Wemust ensure that humanitarian aid is allocated in a non-discriminatory, balanced and proportionate manner.Humanitarian assistance must be afforded on the basisof need; it should not depend on political preferences.In his report, the Secretary-General has encouraged theCouncil to consider the links between peace andsecurity and inadequate funding in certain crises.

In conclusion, we have to work with all therequired means to adopt concrete measures in order toalleviate the suffering of civilians who are trapped insituations of armed conflict. The most urgent taskahead of us should be implementation in the field.

Mr. Lucas (Angola): We are grateful to theAlgerian delegation for organizing this meeting. Wewelcome your presiding over this important debate, Sir,on the protection of civilians in armed conflict, and wethank Under-Secretary-General Jan Egeland for hisvaluable introduction to this debate.

We endorse the platform and practical measuresformulated in Mr. Egeland’s statement aimed ataddressing the challenges posed by the protection of

civilians and at enhancing the protection of those inneed.

The protection of civilians is at the core of theSecurity Council’s mandate to ensure internationalpeace and security, and humanitarian access tocivilians lies at the heart of protection response, asMr. Egeland reminded us in his statement. The fact thatwe are meeting today to consider this issue translatesinto two-fold reality — that the issue is at the centre ofinternational concern and that further progress must bemade in strengthening the international ability toprotect civilians in situations of armed conflict.

It is my delegation’s view that the SecurityCouncil, which is responsible for the maintenance ofinternational peace and security, should assign a morerelevant role to early-warning and conflict preventionmechanisms. The international community should beequipped with the instruments to translate politicalwill, strategic vision and operational readiness todecisively address any threat to peace and to hold backcrisis situations from developing into those ofuncontrollable proportions. Security Councilinteraction with regional and subregional organizationsshould be further developed in the field of conflictprevention. Regional organizations are particularlywell suited to work with the Security Council. Theycan serve as suitable double instruments for earlywarning about escalating tensions; they can provideaccurate assessments of crisis situations and engage inpreventive diplomacy with the advantage of havingfirst-hand knowledge of local idiosyncrasies. It is ourview that regional organizations can be fundamentalplayers in conflict prevention and, as Mr. Egelandstated, they can assume great importance in providingprotection to civilians in armed conflict; it is of criticalimportance that they are provided with the necessarysupport to fulfil their role.

The legal framework relating to internationalhumanitarian law, human rights law and refugee lawshould be strengthened, and State and non-State actorsshould comply with those provisions. Governmentscannot interpret these binding rules as relative normsthat can be set aside if inconvenient, since they are partand parcel of the international legal order. The UnitedNations system should be involved, with the particularresponsibility of taking appropriate and comprehensiveaction to achieve universal respect for humanitarianlaw.

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Moreover, the international community shoulddemonstrate renewed resolve in fighting impunity andin ensuring the rule of law, justice and reconciliationthrough the establishment of effective and fair systemsfor the administration of justice and in ensuringaccountability for atrocities and violations of humanrights and international humanitarian law.

In spite of the fact that primary responsibility forthe protection of civilians in armed conflict rests withGovernments, non-State actors should have a directresponsibility to ensure that the basic needs and theprotection of civilian populations are met. Creatingcomprehensive, integrated and coherent responses tothe needs of the civilian population remains a veryimportant challenge for the international community. Inthat regard, we recall the Security Council’scommitment in resolution 1265 (1999) to respond toarmed conflict situations in which civilians are beingdirectly targeted or humanitarian assistance isdeliberately being denied.

Another issue that deserves increased attentionfrom the international community is the traffic in andthe widespread use of small arms, light weapons andanti-personnel mines, owing to their disastrous impacton the scope and the level of violence that affectscivilian populations during and after armed conflicts.In that context, we underline the importance of theNairobi Declaration at the conclusion of the Summit ona Mine-Free World.

In conclusion, we welcome the latest report of theSecretary-General (S/2004/431), which addresses anumber of highly topical issues related to theprotection of civilians in armed conflict, such as theseparation of armed elements from civilians in refugeecamps; the safety and security of humanitarianpersonnel; safe and unhindered access of humanitarianpersonnel seeking to assist civilians in armed conflict;sexual exploitation and gender-based violence inhumanitarian crises and conflict situations; thecommercial exploitation of conflicts and theplundering of resources, the involvement and role ofterrorist organizations in armed conflict; the provisionof security, law and order in post-conflict situations;disarmament, demobilization, reintegration andrehabilitation of former combatants, especiallychildren; and the training of security and peacekeepingforces in higher standards of respect for human rights.Those are some of the fundamental issues that States,the United Nations and the international community

should address in dealing with the sensitive issue theCouncil is dealing with today.

In conclusion, we would like to express ouragreement with the excellent presidential statementproposed by the Algerian delegation and agreed by themembers of the Council as the outcome of this debate.

The President (spoke in Arabic): I would nowlike to make a statement in my capacity as therepresentative of Algeria.

I would like to thank the members of the Councilfor their kind words addressed to me and to mycountry, and I join them in thanking Mr. Egeland,Under-Secretary-General for Humanitarian Affairs, forhis excellent briefing on the progress made in the areaof the protection of civilians in armed conflict and forthe important information he has provided on whatremains to be done in this area so closely linked to themaintenance of international peace and security.

In spite of the gaps that remain to be filled,significant progress has been made in the area ofprotection, and we believe that it is appropriate towelcome those advances in the context the MillenniumDeclaration and the major projects undertaken — or tocome — aimed at adapting the Organization’s responseto new challenges.

We are thinking, in particular, of the gainsresulting from the gradual implementation of therecommendations of the report of the Panel on UnitedNations Peace Operations, of the progress made inhalting impunity, of the improved coordination ofefforts in conflict prevention, particularly through theestablishment of an ongoing relationship with regionalorganizations, in accordance with Chapter VIII of theCharter and, more generally, of the progress made inthe reform of the United Nations.

That progress should be consolidated next yearby the decisions to be adopted following the debate onthe relevant recommendations of the Secretary-Generalin response to the report of the High-level Panel onThreats, Challenges and Change. It is timely that thesummit to be held in 2005 on the implementation of theMillennium Development Goals will be followed bythe periodic review requested of the Secretary-General,thus enabling a timely five-year assessment.

The first report of the Secretary-General on theprotection of civilians in armed conflict (S/1999/957),issued in September 1999 at the request of the Security

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Council, and the exchanges between the two organspursuant to that report have provided some structure inthis area, which we think should be highlighted. Atvarious stages, the exchanges have enabled theOrganization to create inter-institutional mechanismsand better-planned multidisciplinary peacekeepingoperations in order to address this very difficult issue.

In fact, the key concerns in the area of protectionare systematically highlighted in Security Councilresolutions, and greater importance is given to them inthe mandates of United Nations operations. Thoseconcerns relate to attacks against civilians, sexualviolence against vulnerable groups, humanitarianaccess and the process of disarmament, demobilization,reintegration and rehabilitation, which remains thefundamental element in the transition to peace.

Moreover, the more rapid deployment of UnitedNations peacekeeping forces and of forces authorizedby the United Nations has given concrete substance tothe concept of preventive deployment, which isintrinsically linked to the progress made in the regionalapproach to conflict prevention. The regionaldimension of the protection of civilians is reflectedparticularly in the decisions taken in the area ofdisarmament, demobilization, reintegration andrehabilitation and the cross-border movement ofrefugees, combatants and small and light arms.

That definite progress should not lead us tooverlook the numerous gaps in the legal and physicalprotection of civilian populations caught in the grips ofwar. That remains a long-term task. In fact, far fromdecreasing over the last five years, the number ofpeople requiring protection has increased from 30 to 50million. The complex nature of crises and aggravatingfactors, such as illicit arms trafficking, illegalexploitation of natural resources and mercenaries, allcontribute to the deliberate targeting of non-combatants and have increased considerably the levelof resources required in response.

The international community has in recent yearsshown on many occasions its determination to reactswiftly to situations of emerging crises with theappropriate means, namely by providing peacekeepingoperations with strong mandates. In our opinion, itshould show the same determination to mobilize thenecessary resources as soon as it is foreseen that suchneeds will increase before the positive long-termeffects of conflict prevention are felt.

We are particularly concerned about preserving,through the allocation of an adequate level ofresources, the gains that have been made through theregional approach to protection, because the burden inthat respect continues to fall primarily on those Statesneighbouring conflict zones and on subregionalorganizations, whose main goal is not the maintenanceof international peace and security but, rather,integration and cooperation among their members.

Furthermore, the fact that immunity of UnitedNations and humanitarian personnel is increasinglybeing breached is a disturbing development that raisesthe issue of respect for international humanitarian lawas well as that of impunity. We must accordinglystrengthen the mandates and capacities ofpeacekeeping operations as well as increase awarenessof the norms of international law and insist on theirrespect by the parties to a conflict, including non-Statearmed groups.

With respect to United Nations peacekeepingforces, whose primary mission must be to reassure andprotect civilians, their behaviour vis-à-vis civilians, inparticular towards women and children, must meet thehighest standards in terms of respect for the law. Giventhat reports indicate that certain reprehensible actscontinue to be carried out by some United Nations andpeacekeeping operation personnel, despite the circularissued by the Secretary-General, greater firmness mustbe shown in that regard.

Let me now turn to an important aspect of theprotection of civilians in armed conflict, which has notalways received the necessary attention from theCouncil. My delegation believes that the first line ofdefence with respect to international humanitarian lawand the 1949 Geneva Conventions, which form itsbasis, can be found in the occupied territories.

In occupied Palestine and elsewhere in theMiddle East, situations persist that are characterized bymassive and flagrant violations of international law andof the humanitarian principles that govern theprotection of civilians. Although such violations arecommitted by clearly identified State actors, theCouncil has not always shown its usual determinationand resolve in that respect. There can be no doubt thatits credibility and that of the international community,with respect to the very sensitive issue of impunity, arebeing sorely tried by the use of a policy of doublestandards, which benefits in particular Israel.

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The current debate provides the Security Councilwith a fresh opportunity to make the necessaryadjustments. From the normative point of view,situations of occupation have shown that renewedefforts must be made to take into account militaryoperations conducted by regular armies in an urbanenvironment or in heavily populated areas in order tolimit the questionable concept of “collateral damage”.Given the proliferation today of highly destructive

conventional weapons, the message sent by theinternational community with regard to protectingcivilians would be that much stronger.

I now resume my functions as President of theSecurity Council.

I propose, with the consent of the members of theCouncil, to suspend the meeting until 3 p.m.