United Nations S/PV.5209

Security CouncilSixtieth year

5209th meetingTuesday, 21 June 2005, 10.20 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.

05-39241 (E)

*0539241*

President: Mr. De La Sablière . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (France)

Members: Algeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. BenmehidiArgentina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. García MoritánBenin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. ZinsouBrazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. SardenbergChina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Zhang YishanDenmark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Faaborg-AndersenGreece . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. VassilakisJapan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. OshimaPhilippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. BajaRomania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. MotocRussian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. DenisovUnited Kingdom of Great Britain and Northern Ireland . . . . . Sir Emyr Jones ParryUnited Republic of Tanzania . . . . . . . . . . . . . . . . . . . . . . . . . Mr. ManongiUnited States of America . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Gerald Scott

Agenda

Protection of civilians in armed conflict

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The meeting was called to order at 10.20 a.m.

Adoption of the agenda

The agenda was adopted.

Protection of civilians in armed conflict

The President (spoke in French): I should like toinform the Council that I have received letters from therepresentatives of Canada, Colombia, Côte d’Ivoire,Egypt, Luxembourg, Nigeria, Norway and Peru inwhich they request to be invited to participate in thediscussion of the item on the Council’s agenda. Inconformity with the usual practice, I propose, with theconsent of the Council, to invite those representativesto participate in the discussion without the right tovote, in accordance with the relevant provisions of theCharter and rule 37 of the Council’s provisional rulesof 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 French): 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.

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 Security Council will hear abriefing by Mr. Jan Egeland, Under-Secretary-Generalfor Humanitarian Affairs and Emergency ReliefCoordinator.

I give him the floor.

Mr. Egeland (spoke in French): Five years ago,the Security Council adopted resolution 1296 (2000).Since then, the Council has been increasingly seized by

the protection of civilians in armed conflict. Somemeasures have been taken to respond to the problemsidentified. Several Member States involved in conflictshave ratified and applied the necessary conventions,established protection training programmes for theirarmies, and developed policies and national legislativesystems. Despite that progress, the challengesassociated with protecting civilians remain numerousand complex.

(spoke in English)

Not enough progress, in today’s fast-changingenvironment, has been made to keep pace with thechallenges that civilians face in conflict situations. Thedisturbing rise in sectarian violence in Iraq — withalmost daily, deadly suicide bombing attacks in Mayand June — starkly illustrate the extreme vulnerabilityof civilians targeted in direct terrorist attacks or caughtin crossfire. The number of media-reported civiliandeaths for the first quarter of this year is double that oflast year. As many as 1,000 civilians may have beenkilled since April.

The brutal and indiscriminate tactics of terrorcontinue to be deliberately employed in the world’smost protracted protection crises, where violence hasbecome deeply entrenched. Continuing hostilities inIturi in the Democratic Republic of the Congo, theunchallenged use of sexual violence, re-recruitment ofchildren by the Mayi-Mayi, and continuing attacksagainst the United Nations and humanitarian agenciesconstitute intractable protection crises that havedemanded more robust peacekeeping. I am alarmed bydeepening xenophobia in the western Côte d’Ivoire,incited by hate propaganda which fuels increasingviolence. While the number of large-scale attacks oncivilians in the Sudan has decreased, grave protectionconcerns persist. Continued attacks on civilians, anabsence of commitment from the SudaneseGovernment to protect its civilians, and limitedcapacity on the ground compound the challenge ofprotection in Darfur.

Imagine the quality of life for those who arecaught in those cycles of violence and living inconstant terror. That has an enduring impact onindividuals and tears the very fabric of society. Suchendemic violence cannot continue. We have aresponsibility to find better solutions to thoseintractable situations.

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Maoist insurgency and stringent Governmentresponse have led to a rapid deterioration of thesituation in Nepal, plunging the country into deepcrisis. According to Government sources, 659 civilianshave been killed in the past six months and summaryexecutions, extrajudicial killings, illegal detentions anddisappearances have significantly increased. Promptaction is essential to prevent that emergent protectioncrisis from becoming entrenched. I welcome theincreased human rights monitoring undertaken by ourHigh Commissioner for Human Rights.

I previously presented to the Security Council a10-point plan as a means to accelerate action. The planremains valid today. Let me here highlight some keyareas where the need to take action is particularlyurgent to ensure better protection for civilians trappedin conflict.

My first concern is the frequency and scale ofdeliberate displacement both within and across borders.Up to 90 per cent of the entire population in thedistricts of Gulu, Pader and Kitgum in NorthernUganda now live in camps. In Darfur, attacks againstvillages continue and displacement is still a tactic ofwar. Continuous attacks on civilians in Colombia havecontributed to the displacement of an estimated 700people a day in recent months.

Millions of internally displaced persons,subjected to violence and abuse, and with no real placeof safety, invariably live in deplorable conditions incamps. The combined effect of insecurity, inadequateresources, weak Government capacity and limitedstrategic response has created a crisis of displacementin Liberia, where both camp conditions and support forreturn and reintegration are grossly inadequate. InNepal, stringent criteria for registration of theinternally displaced has resulted in most of theestimated 200,000 who have fled their homes not beingformally recognized as displaced and not able to accessassistance. Providing effective protection fromviolence and appropriate material support to thedisplaced remains an unresolved challenge.

We must do more to prevent and enddisplacement as quickly as possible. Whereas progresshas been made in refugee return, we are not equallyexpedient in promoting return of the internallydisplaced. We must provide better physical security.Humanitarian presence is not enough. The creation of asecure environment for displaced populations should

be a primary objective of peacekeeping operations. Weneed strategic deployment around camps to providearea security for the displaced; and we need it in areasof unrest to prevent new displacement and in areas oforigin to facilitate voluntary and safe return. Bothpeacekeeping missions and regional organizations havean important role to play. In Darfur, the African Unionprovides a prime example of the positive impact even arelatively small security presence can bring. Theprovision of protection against violence needs to beincorporated into the concept of peacekeepingoperations and clear guidance developed. The needs ofdisplaced people must also be met in a moresustainable manner.

Under the leadership of the Secretary-General’sreform process, a series of steps will be proposed toprovide greater clarity on the roles and responsibilitiesof humanitarian agencies to ensure more effective andaccountable action on behalf of the displaced. Theremust be better recognition of the status and the needsof those who are displaced, requiring greater awarenessof the Guiding Principles on Internal Displacement.

The recurrent brutal use of sexual violence isarguably one of the worst global protection challengesdue to its scale, prevalence and profound impact. Oftenostracized by their communities, survivors have tobattle with the physical injuries, trauma and stigma ofsuch violence for the rest of their lives. Although werepeatedly condemn such violence, it persists virtuallyunchallenged. Far from making general progress, in toomany places we have regressed. We have informationabout more and more women being attacked, andyounger and younger children are becoming victims ofthese atrocities.

I could provide a devastating catalogue ofviolations, but let me highlight just two cases wheresexual violence is at its worst. In North Kivu, in theDemocratic Republic of the Congo, a local non-governmental organization just reported more than2,000 cases of gender-based violence for the month ofApril alone. An estimated 50 per cent of those actswere committed against minors. The United NationsOrganization Mission in the Democratic Republic ofthe Congo (MONUC) estimates that there are at least25,000 cases of sexual violence a year in North Kivualone — just one region of the Democratic Republic ofthe Congo. The cultural breakdown and thedisintegration of the line of command in the armedforces has resulted in a culture of violence in which

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sexual violence has become endemic. If this is notstopped, such violence will have terrible long-termramifications for Congolese society, threatening futurepeace and stability. The United Nations has recognizedthis as one of our highest priorities. More forcefulaction should have been taken earlier. The disarmamentof militias is necessary but not sufficient action.MONUC will now focus on re-establishing an effectivechain of command and control of the regular militaryforces to make them more accountable for theirbehaviour.

Women and girls are also at great risk in Darfur,where rape is systematically used as a weapon ofwarfare, with villages terrorized and victims targetedas they collect firewood. Médecins sans Frontières hasreported treating 500 survivors of sexual violence injust four months. We believe that this represents only afraction of the total number of victims. The impact ofthose abhorrent acts is compounded by the failure ofthe Sudanese Government to acknowledge themagnitude of the problem. Not only are the Sudaneseauthorities failing to provide effective physicalprotection, they are inhibiting access to treatment.Victims are publicly castigated, and some have beenimprisoned. Unmarried pregnant women have beentreated as criminals, arrested and subjected to brutaltreatment by police, thus becoming victims yet again.Both survivors of sexual violence and non-governmental organization staff providing assistanceare being harassed and intimidated by the authorities.This must stop.

We must redouble our efforts to bring suchatrocities to a halt. The International Criminal Court(ICC) will have a significant impact once it hasdemonstrated that such crimes will not go unpunished.However, the endemic nature of the problem will beeffectively addressed only through the restoration ofeffective national judicial systems and a politicalcommitment at the local level to bring perpetrators toaccount.

Peacekeeping operations also make a difference.Sexual violence is used as a weapon of war anddemands an immediate response through the provisionof more effective protection from violence in areaswhere women and children are most at risk.

Child abductions, the recruitment and use of childsoldiers, and the denial of access to vital services havea profound impact on children. Although these issues

have been raised many times before, children continueto be appallingly exploited and abused in conflictsituations. Raids on camps and villages and abductionsof children for recruitment purposes have multipliedonce again in northern Uganda in recent months. InLiberia, re-recruitment of former child combatants isfuelling ongoing conflict in Côte d’Ivoire, pointing to abasic failure in reintegration efforts. It is critical thatwe invest more in getting reintegration right. A lessvisible but equally profound protection concern for allchildren affected by conflict is lack of access to themost basic services, such as education and health care.

Without adequate protection, children are at riskof recruitment, trafficking and other forms ofexploitation and abuse. We must develop moreeffective approaches to protect children affected byconflict. A first point of strengthened action is toprovide more effective community- based reintegrationsupport that facilitates the return of all children tonormal civilian life. Special provisions must be madefor former child combatants, child mothers, abducteesand all other children associated with armed groups tobreak cycles of violence and stop situations ofexploitation and abuse.

The reintegration needs of children must also bemore explicitly addressed in the peace process. Allparties should be made aware of their responsibilitiesto protect children, including a commitment to stoptheir re-recruitment. The needs of children demand thatwe place the delivery of basic services, especiallyeducation, at the heart of reintegration efforts.Education is critical in providing a normalizingenvironment that offers real alternatives to violence,laying the foundation for a child’s future.

Humanitarian access and the interrelated issue ofthe safety and security of humanitarian personnelcontinue to be prominent concerns. Blatant attacks onhumanitarian staff continue to jeopardize our ability tooperate in areas where humanitarian assistance is mostneeded. Since my December briefing, 13 humanitarianstaff have been killed or kidnapped in multipleincidents targeting international agencies inAfghanistan. Similarly, in Darfur at least fivehumanitarian staff have been killed and scoresdetained. We cannot tolerate the targeting by armedgroups of impartial humanitarian workers. Nor can weaccept the disturbing trend of humanitarian staff beingkidnapped for ransom and commercial gain, as we haveseen in Afghanistan and other countries. Stronger

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action must be taken for their safety. The entiredelivery of relief services to millions in need is atstake.

A key objective of peacekeeping missions shouldbe the creation of secure environments to facilitate thedelivery of humanitarian assistance, safeguardhumanitarian staff and protect essential services.Protection concerns should be incorporated intoconcepts of operations so that the provision of areasecurity can be better linked to humanitarian priorities.I welcome the more robust peacekeeping beingdeveloped in the Democratic Republic of the Congo,where MONUC is using the protection of civiliansagenda as an overall concept to guide operations. Weneed to develop appropriate guidance which maximizesthe capacity to provide physical protection whileupholding humanitarian principles and safeguardinghumanitarian space.

As I have underscored before, tackling impunitylies at the heart of these protection concerns. To date,other collective efforts to bring perpetrators of violenceagainst civilians to account have been glaringlyinadequate. The International Criminal Court (ICC),however, promises to usher in a new era of greateraccountability, and I applaud the Security Council forsupporting that important endeavour. Investigationsand the process of indictments in Uganda, theDemocratic Republic of the Congo and Darfur shouldsignal a climate in which impunity will no longer betolerated. It is important that the proceedings of theICC create greater awareness amongst all warringfactions of their respective culpability and of the factthat they are not beyond the law. At the same time, wemust remain aware of the potential impact of such legalaction on humanitarian operations, including thepotential for reprisals against humanitarian staff.

For real progress to be made, impunity must alsobe tackled at the local level. The ICC will neverobviate the need for local justice. It is critical thatefforts be made to support national capacity to protectthrough local law enforcement, judicial systems andsecurity sector reform. In the Democratic Republic ofthe Congo and Liberia, for example, the missions areworking to support local justice systems. In this regard,the increasing attention of the Security Council to ruleof law issues, particularly through the mandates ofpeacekeeping operations, is welcome. At the sametime, such capacity to support the establishment of therule of law and local judicial structures needs to be

developed in a more systematic and sustainable manneracross the United Nations system.

As I have outlined, peacekeeping operations arecritical to establishing secure conditions which provideprotection from violence. That objective should beexplicitly articulated in all peacekeeping mandates. Itis essential to define the protection responsibilities ofpeacekeeping operations and to develop appropriateguidance and doctrine to support that role. It isimportant to ensure that humanitarian space isappropriately preserved and human rights andhumanitarian principles upheld.

Similarly, the African Union in Darfur clearlyillustrated the critical role that regional andintergovernmental organizations have to play in termsof strengthening protection response. It is importantthat they engage more proactively as protectionpartners, develop common approaches and incorporateinternationally agreed standards in their operations. MyOffice has developed a work plan which will seek tosupport regional organizations in taking this forward.The work plan will be presented at the forthcomingsixth high-level meeting between the Secretary-General and heads of regional and otherintergovernmental organizations, at which theprotection of civilians in armed conflict will be a keyagenda item. It is critical that the internationalcommunity support regional organizations in thisregard.

There are areas where action can be strengthenedimmediately for civilians in the crossfire. If ourhumanitarian appeals received more predictablefunding, action would immediately be strengthened forthe vulnerable, and peace and security would beadvanced in many local communities. We still arebadly underfunded in some of the worst protectioncrises. In Sudan, only 33 per cent of overall fundingrequirements have been received, with just 5 per centof specific protection activities funded. Similarly, inthe Democratic Republic of the Congo only 35 per centof requirements have so far been met, with just 1 percent of the specific protection activities covered. Thesituation is still worse in Côte d’Ivoire, where civiliansare abused, killed and raped every day, and where westill have only 30 per cent of overall funds and wherewe have received no funding for the protection projectsin the appeal. How can we possibly expect to enhanceprotection and address the root causes of conflict if wedo not have the means to do so? Earlier this month I

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sent a list of the most underfunded emergencies andprotection crises in Africa to the Group of Eightcountries in preparation for their summit and asked fortheir leadership and support. I will do the same withthe European Union. I hope for a positive response.Some of the countries where protection is most neededare countries where protection cannot effectively bedelivered, due to the lack of resources and support.

Humanitarian action alone cannot resolveprotection challenges. What is needed is a holisticresponse that brings the political, security andhumanitarian agendas together. We must ensure thatone aspect of support is not implemented at theexpense of another. If regional organizations are to takeon more prominent roles in providing regional security,they must be appropriately resourced. Similarly, ifStates are to properly fulfil their responsibilities theymust be appropriately supported by the internationalcommunity.

Finally, we need to develop more systematicreporting to the Security Council to facilitate itsdeliberations and ensure that protection concerns aremore fully reflected in its proceedings. Under theguidance of the Executive Committee on HumanitarianAffairs, efforts are focused on establishing criteria andindicators, not to create extensive lists of violations butto generate current overviews and trend analysis tobetter inform the Council and strengthen decision-making and response at the field level. The reportingmechanism will focus on the following areas ofconcern: general protection violations, includingkilling, mutilations and abductions; humanitarianaccess; protection of women and children, includingincidents of sexual violence and recruitment;protection of displaced populations; safety and securityof humanitarian personnel; compliance withinternational norms and humanitarian principles;disarmament, demobilization and reintegrationprogramming and mine action; and underfunded andneglected emergencies. Work to advance this initiativewill now focus on developing appropriatemethodologies for gathering this information. I willprovide an update on this initiative in my next briefing.

I have outlined key protection challenges andhighlighted where greater practical action must betaken. These actions must be taken now if we are toresolve protracted protection crises and to preventemerging situations from becoming entrenched.Undoubtedly, progress has been made in some

situations, where we have seen changes on the ground.But it is not enough. There are gaps in our responsewhich I believe the Security Council can and mustaddress for a better future. My hope is that by the endof the year, with strengthened commitment fromMember States, reinforced by the Millennium SummitDeclaration, we will have a stronger basis for commonaction.

I would like to thank you, Mr. President, andother Council members for your continued interest andconcern and for keeping the protection of civilians inarmed conflict on the Council’s agenda.

The President (spoke in French): I thankMr. Egeland for his briefing, which makes a significantcontribution to the work of the Council.

In accordance with the understanding reachedamong Council members, I wish to remind all speakersto limit their statements to no more than four 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.

Mr. Benmehidi (Algeria) (spoke in French): Ishould like at the outset to thank you, Mr. President,for having organized this public debate on theprotection of civilians in armed conflict, a subject towhich Algeria attaches particular importance. I alsothank Mr. Jan Egeland, Under-Secretary-General forHumanitarian Affairs and Emergency ReliefCoordinator, for his briefing, which was a pertinent andwell-illustrated account of the suffering of civilians inthe highest-profile situations of armed conflict.However, my delegation regrets that the situation ofthe Palestinian people under Israeli occupation waspassed over in silence.

The legal arsenal that constitutes internationalhumanitarian and human rights law, and now theconstant and continued interest of the United Nationssystem in general and of the Security Council inparticular in the protection of civilians in armedconflict, are strong indications of an effective,comprehensive and integrated effort to deal with thisextremely complex issue.

Since the publication of the Secretary-General’sfirst report to the Security Council on the protection ofcivilians in armed conflict (S/1999/957), progress has

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been made in strengthening the mandates ofpeacekeeping operations and, in many cases, incarrying out disarmament, demobilization,reintegration and rehabilitation programmes. I shouldlike to note the indications in Mr. Egeland’spresentation that those efforts are continuing.

However, we must recognize that much remainsto be done. Recent events give rise to anxiety andconcern in many respects. Women, children and elderlypersons — to mention only those vulnerable groups ofsociety — continue to be subjected to the devastatingeffects of armed conflict. The displacement of civiliansand refugees, serious attacks on human rights, the useof sexual violence as a weapon of war, the recruitmentof child soldiers, the proliferation of small arms andlight weapons, the difficulty of delivering emergencyhumanitarian aid and attacks against humanitarianpersonnel are characteristic of many current conflicts,particularly in Africa.

There is an increasingly urgent need for acomprehensive, coherent and specific approach to theissue of the protection of civilians in armed conflict. Inparticular, we should like to emphasize the followingelements.

With regard to prevention, a broad preventionstrategy that would address the root causes of conflictwould ensure the sustained protection of civilians.Such a strategy would be based on promotingsustainable development, eliminating poverty andpromoting good governance, a culture of peace andtolerance, the rule of law, respect for human rights andnational reconciliation.

Concerning universality and non-selectivity, theprotection of civilians must be based on the principlesof universality and non-selectivity, particularly inconflict situations arising from foreign occupation. Webelieve that the full implementation of internationalhumanitarian law is not a mere choice to be left up tothe occupying Power; it is an obligation that theinternational community must impose.

As regards the international community’s resolveto combat impunity, we agree that there is a need for aneffective fight against every form of impunity withrespect to violations of international humanitarian andhuman rights law that victimize civilians in armedconflicts.

Concerning the protection of humanitarianpersonnel, recent events have demonstrated thevulnerability of humanitarian endeavours. We must domore to ensure safety, access to vulnerable groups,respect and dignity for humanitarian workers. At thesame time, appropriate measures must be taken againsthumanitarian personnel who violate the principlesunderlying humanitarian activities.

As far as coordination is concerned, moreeffective coordination among the Security Council, theGeneral Assembly and the Economic and SocialCouncil remains paramount. We believe that theproposal to establish a Peacebuilding Commissionwould provide an appropriate framework for suchcoordination in post-conflict situations if action bythose various organs is not locked into an arbitrarysequential order. Likewise, it is important to encourageregional approaches and strengthen coordination withregional and subregional organizations.

In conclusion, my delegation hopes that theSecretary-General’s next report will provide addedvalue to our efforts to protect civilians in situations ofarmed conflict, by drawing important lessons from theprogress that is being made.

Mr. Manongi (United Republic of Tanzania): Asa country that hosts a large population of refugees, theUnited Republic of Tanzania is painfully conscious thatviolations of humanitarian law perpetrated againstcivilians cause mass population movements internallyand across borders. We therefore believe that there isboth a moral and a legal responsibility to protect: toprotect vulnerable populations from violent conflictsthat continue to claim the lives of many innocentcivilians while leaving many more permanentlydisplaced.

Regrettably, since the Council began discussingthe protection of civilians in armed conflict in 1999,the problem has remained particularly acute in Africa.Examples abound, from the Darfur region in the Sudanto Côte d’Ivoire and the Democratic Republic of theCongo, among others. Nonetheless, we are gratified atthe growing consensus, both within the Council and inthe United Nations as a whole, in favour of efforts tostrengthen the regime for the physical and legalprotection of civilians in armed conflict.

That is a welcome development. For today, evenin Africa, there is a strong desire to see greater actionto prevent the emergence, spread and re-emergence of

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conflicts that have brought untold misery to civilians,countries and economies. That is the essence of theprocess set in motion by the First Summit of theInternational Conference on the Great Lakes Region,held at Dar es Salaam in November 2004. It is aprocess to which we see the idea of a PeacebuildingCommission as making a significant contribution.

In addition, the Great Lakes Summit sought topromote ways and mechanisms for protecting civiliansas victims of conflict and upholding their human rightsas citizens of their respective countries. In thesepursuits, Tanzania is guided by two importantpropositions. The first is the promotion of goodgovernance. President Benjamin William Mkapa put itthis way:

“Countries that govern themselves in a trulydemocratic fashion do not displace their citizens;they do not generate refugees, and are not likelyto find it necessary to go to war with theirneighbours. They form reliable, open and firmtrading partnerships. They offer better and moreopportunities for investment, trade anddevelopment. They form a reliable foundation forregional peace, security and the prosperity oftheir people”.

Our second proposition is born of our experiencein the Great Lakes, a region that has suffered one of themost serious humanitarian tragedies — the genocide inRwanda — as well as wars, instability and an influx ofrefugees that has over-burdened not only the refugee-hosting countries, but even the regulatory regime itself.

Civilians are the first victims of war; they areoften displaced internally and across frontiers. Theinternational community has yet to devise anappropriate regulatory and protective mechanism thatresponds to those realities. Existing humanitarianinstruments offer us much to go by, but the regime thatoffers physical protection to displaced civilians leavesa lot to be desired.

Tanzania has called for a review of the 1951Refugee Convention. In our view, its focus does notfully take account of present-day realities. It hasshortcomings even when applied only to those civiliansthat have crossed into another country. Constructed inan era when there were a limited number of refugees,the Convention requires receiving States to grantrefugee status on the basis of a determination ofindividual applications. In the face of massive influxes

of refugees fleeing from wars, this requirement ismanifestly incongruous. The reality is that countriessuch as Tanzania have been forced to grant refugeestatus en masse as a consequence of the overburdenedadministrative capacities of receiving States. In aperiod of dwindling funds for humanitarianemergencies — as pointed out by Mr. Egeland thismorning — the burden and environmental cost of suchinfluxes for host countries have become far greater andmore challenging.

Tanzania has striven to offer a solution that seeksto offer protection to civilians by providing shelter inthe countries generating refugees through theestablishment of safe havens. Safe havens would notonly eliminate the existing distinction betweeninternally displaced persons (IDPs) and refugees, butwould allow refugees of all categories — whether theyare displaced internally or across frontiers — to obtainthe same range of human rights protections withoutdiscrimination.

We commend this proposition to the Council andother bodies for its relevance and as a practicalresponse to our collective responsibility.

Finally, we must also continue to protect theinstitution of asylum, just as we must protect andpromote the principle of burden-sharing. In our view,the two constitute an important cornerstone of thecivilian protection regime. When they are weakened,our collective resolve to act is undermined.Regrettably, burden-sharing has proved to be more ofan ideal than a reality. It cannot be overemphasized.We can and must do more. Burden-sharing must bemade a reality.

Mr. Sardenberg (Brazil): I wish to thank you,Mr. President, for having convened this open debate onthe protection of civilians in armed conflict. I wouldalso like to express my delegation’s appreciation toUnder-Secretary-General Jan Egeland for his valuableand comprehensive briefing.

What has been distinctive about post-cold-warconflicts of all types is the number and scope ofhumanitarian disasters that they have produced:displacements, starvation, the deliberate targeting ofcivilians, ethnic cleansing and genocide. Civilians havebeen the main victims of violence in situations of civilwar or occupation. Attacks directed against civiliansare serious violations of international humanitarianlaw.

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The Secretary-General, Kofi Annan, addressedthe problem quite bluntly in a statement to the SecurityCouncil in 1999, when he said: “We are at the end of acentury that has seen the creation and refinement ofmuch of the corpus of international law. Yet civilianshave rarely been so vulnerable.” (S/PV.4046, p. 3)

Since then, the Security Council has given carefulattention to that very significant problem. Bydiscussing this thematic item on many occasions in thepast six years, the Council has recognized the appallingreality to which I briefly referred. Our enormouschallenge is to bridge the existing gaps between thepolicies to protect civilians and the operationalmodalities on the ground.

The United Nations as a whole, and the Councilin particular, must continue to be fully engaged inpushing forward that agenda. In December 2003,Mr. Egeland, to his credit, presented a very valuable10-point platform on the protection of civilians, whichcontinues to provide a basis for our discussions anddeliberations. Given the time constraints, I shall limitmy statement to only some of its main points, bearingin mind the statement made by Under-Secretary-General Egeland at the beginning of this meeting.

In a number of cases, humanitarian accesscontinues to be either denied or obstructed. Brazil basrepeatedly expressed its concern over that situation. IfStates are unable to deliver assistance to theirpopulation, they must ensure safe and unhinderedaccess by humanitarian international personnel to thosein need. It is highly deplorable that humanitarianworkers have become victims of deliberate violence. Inresolution 1502 (2003), the Council expressed itsdetermination to take appropriate steps in order toensure the safety and security of United Nationshumanitarian and associated personnel.

Vulnerable groups, such as women andchildren — especially among refugees and internallydisplaced persons — should be better protected fromall threats and acts of violence. All efforts should bemade to stop the deplorable and indiscriminate use ofrape and sexual violence as the equivalent of a weaponof war wherever it occurs. The perpetrators of suchcrimes must be brought to justice and prosecuted.Furthermore, HIV/AIDS brings an additionaldimension to situations of mass displacement andhuman rights abuse. As efforts to safeguard the rightsand well-being of refugees and internally displaced

persons are increased, Brazil welcomes the fact that anincreasing number of countries are making use of theGuiding Principles on Internal Displacement.

Parties to armed conflict have a duty to protectcivilians from the devastation of war. Violations ofinternational humanitarian law must not gounpunished. I should add that progress has been madein the fight against impunity with the establishment ofinternational tribunals, particularly the InternationalCriminal Court, bearing in mind that States have themain responsibility to exercise their criminaljurisdiction and bring perpetrators to justice.

The Rome Statute provides for the Council torefer to the International Criminal Court cases ofgenocide, war crimes and crimes against humanity. Asstated by the delegation of Brazil when the Council lastconsidered the Darfur case, while we support thereferral of the case to the International Criminal Court,Brazil, as one of the founding members of the Court,cannot support provisions that impose limits on theCourt’s universal jurisdiction. The integrity of theCourt must not be compromised. We renew our call toall States, without exception, that have not done so, toaccede to or ratify the Rome Statute at the earliestopportunity.

Brazil agrees that there is a need for more reliableand predictable resources to provide assistance topeople in need, including civilians caught in thecrossfire. The lack of support for “forgottenemergencies” is an issue that needs to be properlyaddressed. We need to ensure that humanitarianassistance is provided in a non-discriminatory,balanced and more proportionate manner.

Peacekeeping operations must be given adequateresources for the protection of civilians. Specificallyprogrammes such as those of disarmament,demobilization and reintegration remain continuouslyunderfinanced. Funding is also needed to support thestrengthening of institutions of the rule of law, nationalreconciliation processes and similar efforts to reducethe risk of relapse into conflict and to save civilianlives in war-torn countries.

It is a fact that in the post-cold-war era thesuffering inflicted upon civilians by the new patters ofconflict has become a matter of deep concern. We neednow to focus on concrete measures to alleviate thesituation of civilians, by identifying, adopting andimproving the means utilized to protect them.

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Mr. Zinsou (Benin) (spoke in French): We aregrateful to the French presidency for having organizedthis discussion on the protection of civilians in armedconflict, a Council agenda item that is both critical andof high priority. This important initiative reminds us ofthe primary purpose for which United Nations wasfounded: promotion of the dignity of the humanperson. The protection of civilians in armed conflict isan essential facet of its mission. Let us acknowledgethat the Organization has succeeded in making thatmission truly meaningful by striving to promote thedevelopment of international instruments on humanrights and international humanitarian law to govern theconduct of States and individuals.

But in recent years we have seen the emergenceof a pernicious phenomenon: the constant erosion ofrespect for the norms set out in those instruments. Inseveral parts of the world, the deliberate infliction oftotally unwarranted random violence on peacefulcivilian populations has become common, most oftenin the context of internal conflicts of varying intensity,in particular in Africa.

The atrocities that civilians endure are totallyunacceptable, whether they be committed byGovernment troops engaged in punitive operations, byarmed rebels or by terrorist movements that defyGovernments in their sovereign function ofsafeguarding public safety. Nor is it uncommon forserious human rights violations affecting civilianpopulations to stem from unrestrained intercommunalconfrontations motivated by ethnic hatred and totrigger flows of refugees and internally displacedpersons.

Likewise, the phenomenon of random violenceabove all affects the most vulnerable sectors of thecivilian population: women, children and the elderly, aswell as the humanitarian workers providing them withrelief. We cannot here turn our backs on theparticularly repellant cases of children forciblyrecruited into armed bands and turned into warmachines to perpetrate grave crimes against their owncommunities or used as cannon fodder to blaze a trailthrough minefields for fighting troops. Weunreservedly condemn such crimes. Moreover,deliberate violence against United Nations andhumanitarian personnel and sexual and other abuseperpetrated against women and girls must also beharshly condemned.

The specific situations just described by Mr. JanEgeland, Under-Secretary-General for HumanitarianAffairs and Emergency Relief Coordinator, indicate thescale and gravity of the assaults on human dignityperpetrated against civilian populations. We aregrateful to Mr. Egeland for having placed special stresson the genuine risk of widespread humanitariandisaster not only because of the lack of security and thedifficulty of ensuring humanitarian access to affectedpopulations, but also, and above all, because of acertain indifference and the lack of appropriatefinancial resources.

Here, I would note that my country is hosting alarge number of Togolese refugees and that we haveappealed for international assistance so that we canprovide relief for them. To date, there has been nosignificant response to that appeal.

We reaffirm the primary obligation borne bybelligerent parties — whether States or non-Stateactors — to provide civilians with the protectionrequired under international humanitarian law. Here,we would recall article 48 of Additional Protocol I tothe Geneva Conventions, which states that “In order toensure respect for and protection of the civilianpopulation ..., the Parties to the conflict shall at alltimes distinguish between the civilian population andcombatants”.

Immediate, safe and unhindered humanitarianaccess is of crucial importance to provide victims withthe humanitarian assistance that is often so desperatelyneeded to save their lives. In that regard, theinternational community’s fight against impunityshould include among crimes against humanity theactions of those who in any way hamper access tohumanitarian assistance. The International CriminalCourt should prosecute such persons.

Moreover, international bodies such as the Officeof the United Nations High Commissioner forRefugees, the Office of the United Nations HighCommissioner for Human Rights and Mr. Egeland’sOffice for the Coordination of Humanitarian Affairsneed to cooperate closely, in coordination with relevantregional organizations and other structures, to set up anearly warning network for critical situations requiringimmediate action, for the purpose of protectingcivilians from violence. We support the proposal thatthe protection of civilians be included in the mandate

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of peacekeeping operations, wherever they aredeployed.

An integrated and coherent approach in theoverall activities of all actors is essential. In mydelegation’s view, an effective conflict-preventionstrategy is another key element in the protection ofcivilians. This requires a long-term strategy to addressthe deep-rooted causes of conflict, which in turn meansthat we must consider measures to promote sustainabledevelopment, poverty eradication, nationalreconciliation, democracy and good governance.

The protection of civilians is a key area infulfilling the “responsibility to protect”. Theinternational community must remain vigilant so that itcan do everything in its power to oppose the barbarismthat some have no hesitation in making a way of lifeand an approach to the settlement of conflicts. Theprotection of civilians affected by armed conflict mustbe viewed as a major challenge to international peaceand security.

Mr. Scott (United States of America): We areobliged to you, Mr. President, for organizing thisimportant debate, as we are to Under-Secretary-General Egeland for his detailed presentation thismorning. That presentation, and that of the Secretary-General’s report of last year, paint a disturbing picture,but we are encouraged that this meeting helps toreaffirm the international community’s commitment tothe protection of civilians in armed conflict.

The world continues to be plagued by violentconflicts, with civilians now comprising the majorcategory of casualties of war worldwide. We commendthe work of the Office for the Coordination ofHumanitarian Affairs, together with its humanitarianpartners on the ground, for their valuable work inproviding life-saving assistance and advocacy for theprotection of civilians, particularly children, women,the elderly and other vulnerable groups.

We would like to stress, however, that theprimary responsibility for protecting civilians lies withStates and their Governments, and that internationalefforts can only complement government efforts.Improving the protection of civilians from thedevastating effects of armed conflict depends largelynot on what we say or do here, but on whatGovernments do to protect their own people and onhow they allow others to assist.

Let me now turn to specific cases of concern. Wecontinue to be gravely concerned about the ongoingcrisis in Darfur, and especially about the impact of thatconflict on civilians in that region. While in some areasthe scale of the violence has decreased, civilianscontinue to be directly targeted, and more than 2million remain displaced from their homes. In addition,humanitarian workers and peacekeepers have beenincreasingly targeted. That continuing insecurity has adirect detrimental impact on the internationalcommunity’s ability to deliver assistance and providebasic services for the victims of the conflict. Thesituation in Darfur illustrates the urgent role that Statesmust play to safeguard civilians, including those whoare internally displaced. It is also important to reiteratethat internally displaced civilians living in camps cancontinue to face serious human rights violations.

Several other countries, including the DemocraticRepublic of the Congo, are marked by delicatesituations of transition, in which many protectionchallenges have increased. The United Nationspeacekeeping and assistance missions, together withsupport from non-governmental organizations, help toensure that civilians in those regions are not denied thedividends of peace.

We are encouraged that that Security Council hasbeen addressing the regional dimension of civilianprotection more consistently. Furthermore, SecurityCouncil resolutions and peacekeeping mandatesregularly identify key protection issues, including thedeliberate targeting of civilians, forced displacement,the use of sexual and other forms of gender-basedviolence, the recruitment and use of child soldiers — inviolation of international law — the need forunhindered humanitarian access at reasonable timesand places and the safety of United Nations andassociated humanitarian personnel.

As we once again reaffirm the commitment toreinforce and strengthen the protection of civilians inarmed conflict and in the resulting situations ofhumanitarian crisis, let us ensure that our words andintentions become action.

Sir Emyr Jones Parry (United Kingdom): Iwould like to express my thanks to you, Mr. President,for convening this meeting, and to Mr. Egeland for hisbriefing and to associate the United Kingdom with thestatement to be delivered later by Luxembourg onbehalf of the European Union.

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Despite significant gains in the evolution ofinternational humanitarian and human rights law, anddespite the best efforts of national Governments, civilsociety actors and international organizations, we havecollectively failed to protect civilians in situations ofarmed conflict, as we have been starkly reminded byJan Egeland’s briefing today. Of course, the issues arehighly complex and challenging. They encompass awide range of conflict prevention and resolution, aswell as peacebuilding, issues. Those include re-establishing justice and the rule of law, socialreconciliation, political mediation and economicdevelopment.

The summit to be held this September to reviewthe Millennium Development Goals will provide anunprecedented opportunity to make progress on allthose fronts and to take a bold step towards therealization of the goals enshrined in the Charter of theUnited Nations — goals directly aimed at preservinghuman dignity in a safe and secure world. That is whyan ambitious and successful outcome for the Septembersummit is of the utmost importance for myGovernment. And that is why the subject of today’sdebate is of direct relevance to the work of theCouncil.

For the purposes of this debate, I would like todraw attention to four key protection gaps, which webelieve demand the Council’s immediate attention.

The first gap pertains to physical protection:protection for humanitarian convoys, protection forcamps for internally displaced persons and protectionfor areas of unrest, to prevent displacement. WhileSecurity Council peacekeeping mandates have come along way in incorporating protection concerns, we needto take a step further, especially in terms of civilianpolicing, and to ensure that those enlisted to provideprotection have the capacity and the expertise to do so.But capacity is in itself not enough. Member Statesmust have the political will to agree and implementaction, and to do so promptly and robustly, to help saveand protect lives.

The second is the gap in responses to sexual andgender-based violence, and the fact that such crimesare often committed with total impunity and are notinvestigated, or those responsible prosecuted. Webelieve it particularly important to sustain effectivenational legal and judicial systems. That is why wesupport the Secretary-General’s call for a dedicated

Rule of Law Assistance Unit as part of the proposedPeacebuilding Support Office. In circumstances wherenational systems fail, the international community hasa special role to play, including through theInternational Criminal Court, in order to holdperpetrators of such crimes to account. But of course, Irally to the simple proposition that primaryresponsibility for protection, for looking after victimsand for delivering justice must rest with nationalGovernments.

The third gap is in conventional arms exports. Wealready have treaties and mechanisms to curb theproliferation of chemical, biological and nuclearweapons. But we have yet to tackle head-on theproliferation of conventional arms — weapons thataccount for so much misery and destruction across theworld. The British Government is committed to workwith others to secure a legally binding treaty on theinternational trade in conventional arms, building uponthe United Nations Programme of Action to Prevent,Combat and Eradicate the Illicit Trade in Small Armsand Light Weapons in All Its Aspects and the UnitedKingdom’s own transfer-controls initiative.

My last point regards the gap in the safety andsecurity of humanitarian personnel. There can be nojustification for deliberately targeting humanitarianworkers or abducting them against their will. Wecondemn such acts in the strongest terms. The fact thatthe physical protection afforded by humanitarianemblems has diminished in recent years serves only tounderline the need for States to take concrete andurgent action. That is why the Security Council passeda resolution on the subject last year. We urge all thosewho have not already done so to sign and ratify the1994 Convention on the Safety of United Nations andAssociated Personnel, and to do so without delay.

Listening to Jan Egeland’s sober catalogue ofviolence against civilians, the international communityhas to ask itself whether those situations shouldcontinue to be tolerated passively. Do we carry ontaking comfort in the alibi that we cannot comment onthe internal affairs of sovereign States, howeverextreme the violations, however grave the injusticeand, sometimes, when the State is itself theperpetrator?

In my opening remarks, I referred to ourcollective failure to protect civilians in armed conflict,because the United Kingdom firmly believes that the

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international community has a collective responsibilityto protect. That is why we think it is vital that we reachagreement on that concept at the millennium reviewsummit. As the Secretary-General said in his report:“Our declared principles and our common interestsdemand no less” (A/59/2005, para. 132).

Mr. Oshima (Japan) (spoke in French): I joinprevious speakers in thanking you, Sir, for conveningtoday’s open debate on this important subject. I alsothank Under-Secretary-General Jan Egeland for hisinformative briefing on the efforts being made and thechallenges ahead of us. As a former Emergency ReliefCoordinator committed to promoting that cause, Icommend Under-Secretary-General Egeland, his staffat the Office for the Coordination of HumanitarianAffairs and other United Nations humanitarianorganizations, who have spared no effort in addressingthis very challenging issue.

I will focus on three areas to which myGovernment attaches particular importance, especiallyfrom the viewpoint of the concept of human securitythat the Japanese Government is promoting in theinternational community.

(spoke in English)

First, with respect to internal displacement, wewere deeply concerned over several recent instances inwhich armed groups deliberately used displacement asa means of exploiting civilian populations. Such actsare unacceptable and must be condemned. They are areminder once again that renewed efforts should bemade to call the attention of the internationalcommunity, and of the countries concerned inparticular, to upholding the Guiding Principles onInternal Displacement as the basic norm for theprotection of civilian populations. Unlike in the case ofrefugees, no single United Nations entity holds amandate to protect and assist internally displacedpersons. We need norms and practical guidance toharmonize the sovereign rights of States and theinternational community’s assistance and protectionactivities, which the Guiding Principles on InternalDisplacement attempt to do. We believe that the timehas come for Member States to recognize the GuidingPrinciples as an appropriate platform in the protectionregime for internally displaced persons. We stronglyhope that the declaration of the September summit willreflect that point.

The Guiding Principles clearly state that

“every human being shall have the right to beprotected against being arbitrarily displaced fromhis or her home or place of habitual residence”(E/CN.4/1998/53/Add. 2, annex, section II, para. 1).

When internal displacement occurs in armed conflictand national authorities are unable or unwilling toprotect and assist, the persons displaced should begiven protection and assistance by the United Nations,other humanitarian organizations and, whereappropriate, by peacekeepers. The cooperation ofregional organizations should also be sought.

In such international assistance efforts, questionssometimes arise between peacekeepers with a robustmandate to protect civilians, on the one hand, andhumanitarian workers who uphold neutrality on theother. Defining their respective roles can be achallenge, often seen in integrated missions. Thatquestion should be considered from a practicalviewpoint, namely, what will best achieve the purposeof protecting and assisting internally displaced personson the ground. Form must follow function, as it were,or the desired function should determine the missionstructure, as stated in the report on integrated missionsissued last month by an independent study teamcommissioned by the Executive Committee onHumanitarian Affairs.

Secondly, we strongly denounce the widespreadsexual exploitation and abuse committed in situationsof armed conflict, whether by civilian or militarypersonnel. Special attention should be paid toprotecting the vulnerable from exploitation. Victimsshould receive special care and assistance, andperpetrators must be brought to justice. Particularlyregrettable are recent incidents of misbehaviour inwhich United Nations personnel, who, as guardians andprotectors of the vulnerable, must observe the higheststandards, have failed to do so.

We welcome the report of the Secretary-General’sSpecial Adviser, Prince Zeid of Jordan, which waspresented earlier to the Security Council on that issueand the robust measures agreed upon in the SpecialCommittee on Peacekeeping Operations. They need tobe implemented and translated into actionexpeditiously.

Earlier this month, the Security Council WorkingGroup on Peacekeeping, which I chair, took up that

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issue, focusing on the case of the United NationsMission in the Democratic Republic of the Congo, withthe participation of troop-contributing countries, majorstakeholders, and the bureau of the Special Committee.We reviewed the state of implementation ofrecommendations. We took note of active measuresthat are being taken by the Secretariat and troopcontributors, but further progress is clearly needed andwe intend to keep the implementation of measuresunder review.

Thirdly, the problem of small arms and lightweapons continues to be alarming. The widespread useof small arms not only results in a large number ofcasualties, but also gives rise to other problems, suchas the use of child soldiers and the disruption ofrecovery and development in post-conflict situations.In an effort to help tackle that problem, Japan has beenactively contributing to awareness-raising andpromoting normative discussion by sponsoringresolutions in the General Assembly. My Governmenthas also been active in helping the implementation ofprojects to collect and destroy surplus small arms andlight weapons on the ground. We should redouble ourefforts in this area as we approach the United NationsConference to review the implementation of theProgramme of Action next year.

In conclusion, as Under-Secretary-GeneralEgeland pointed out, the Security Council must ensurethat the thematic discussions we have had on this topicwill make a difference on the ground, where vulnerablepopulations desperately need protection and assistance.Mr. Egeland mentioned the idea of developing amechanism of systematic reporting to the SecurityCouncil to facilitate its deliberations and to ensure thatprotection concerns are more fully reflected in theCouncil’s proceedings. We welcome that idea, whichno doubt will help the Council to incorporate keyelements into its consideration of country-specificresolutions. We fully support the Council’s presidentialstatement to be issued today and look forward to theadoption of a resolution at the earliest possible timethat reflects the progress we have made on this subject.

Mr. Denisov (Russian Federation) (spoke inRussian): I wish at the outset to join my colleagues inthanking Mr. Jan Egeland for providing us with up-to-date information on the situation in respect of theprotection of civilians in armed conflict.

Clearly, solving that problem requires systematicand coordinated action at the international, regionaland national levels. A swift United Nations response toincidents of violence against civilians in armed conflictcan play an important role in addressing crisissituations. The current tasks in that area should beconsidered in the context of resolving a number ofconflicts, many of which have been mentioned today,including those in the Sudan, Côte d’Ivoire, Burundiand Haiti. Unfortunately, that list is far fromexhaustive.

One very important factor in preventing violenceagainst civilians is the elimination of impunity andbringing to justice all persons guilty of crimes againstcivilians. It is important to harmonize as fully aspossible the relevant international and national legalinstruments.

The Security Council must continue to make useof the regional and country approach in dealing withthe problem of the protection of civilians. In thatconnection, it is important to take account of theeconomic, social, historical, religious, cultural andother characteristics of the countries or regionsinvolved, as well as of the particular aspects of eachindividual conflict, the root causes thereof and the bestway of arriving at a settlement. Indeed, regional andsubregional organizations can play a very importantrole in that respect. As has been noted today, theAfrican Union monitoring mission in Darfur is doing agreat deal to stabilize the situation in the region, and itis quite clear that it must be strengthened, inaccordance with proposed plans.

In recent years, the problem of the protection ofcivilians in armed conflict has been viewedincreasingly from the perspective of human rights andof monitoring compliance with the provisions ofinternational humanitarian law. Humanitarian activitiesare one of the key components in a comprehensivestrategy aimed at preventing crisis and at bringingabout a post-conflict settlement. Such activities must,of course, be based on the provisions of the Charter ofthe United Nations and on fundamental humanitarianprinciples. Their success will depend largely on theextent to which they are accompanied by efforts on thepart of the international community to find a politicalsettlement to a given conflict. There is an ever-growingrole in that respect for the Economic and SocialCouncil, as the organ responsible for coordinating thehumanitarian activities of the United Nations.

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I agree with those colleagues who have raised theissue of the importance of ensuring the safety ofhumanitarian personnel who are working to helpvulnerable groups of people. We must step upcoordination in that area, particularly in the context ofintegrated missions that have humanitarian, military,political and reconstruction components. Suchcoordination must be strengthened at the UnitedNations system level, at the level of the variousinternational structures and also at the field level.

There is another important issue: ensuringadequate protection for children during and after armedconflict. We greatly appreciate the work of the UnitedNations Children’s Fund (UNICEF) in that respect.There is a need to develop and strengthen theeducational infrastructure and also to try to put an endto the forced recruitment of children by closing offrecruitment channels. As the Council is aware, work iscurrently under way on a new Security Councilresolution on children and armed conflict that attachesconsiderable importance to a monitoring andaccountability mechanism. Work is continuing on thedraft with respect to the need for further considerationof a number of important issues, including the role ofthe Security Council in putting in place a mechanism todeal with situations that are not on the Council’sagenda. The Russian delegation trusts that consensuswill soon be arrived at and that the Council will thenbe able to take an effective decision on what, I wouldreiterate, I consider a most important issue.

We believe that a regular exchange of views onenhancing Security Council activities and the work ofother structures of the Organization in protectingcivilians in armed conflict will give additional impetusto efforts by the international community to deal withthis extremely important problem.

Mr. Baja (Philippines): Mr. President, I wish tothank you for having convened this open debate on theprotection of civilians, and I thank Under-Secretary-General Jan Egeland as well for his informativebriefing on the subject, particularly on specific caseson the ground.

Even as we discuss how to reform the UnitedNations into an Organization that effectively respondsto the needs of the peoples of the world and to thechallenges of the day, gruesome situations of violenceand indignities against civilians continue to exist andare even multiplying in many areas. We have identified

the different actors who need to respond to thesituation. We already know what needs to be done, andwe have determined the roles of stakeholders.Furthermore, we have the advantage of hindsight withrespect to many interventions in situations of armedconflict, as noted by the Under-Secretary-General.Nonetheless, challenges remain in three areas: first, thechallenge of creating a synergy with respect to theroles of, and the efforts made by, all actors; secondly,the challenge of improving the quality and reach ofinterventions; and thirdly, the challenge of ensuring thesustainability of lessons learned on the ground.

We are gratified at the fact that the internationalcommunity is reviewing its role in the protection ofcivilians in today’s fast-changing environment,especially in the context of the so-called responsibilityto protect, as mentioned by the representatives ofBenin and the United Kingdom. We agree that a cultureof protection for civilians needs to be deeply ingrained.However, we need to have a common view and acollective understanding of how this concept wouldappropriately and effectively address the needs ofcivilians in a conflict situation. Interventions to protectcivilians should address the particularities of varioussituations, taking into account the capacities ofGovernments, the environments obtaining in the regionand the political will to resolve the problem.

Protecting civilians is not an easy job for anyGovernment, international organization or civil group.Accession to the relevant conventions on the protectionof civilians in armed conflict will enable stakeholdersto cooperate and to help each other fulfil theobligations contained in those treaties. Stakeholdersmust take advantage of each other’s competencies andexpertise, which will make the protection regime moreeffective and realizable. If they can engage in moreexchanges of best practices, and if they can expand theavailability of technical assistance and know-how andcreate national and international programmes thatreinforce protection initiatives and efforts, then a betterculture of protection could be achieved.

The responsibility to protect could becomplemented, or even pre-empted, if a responsibilityto prevent conflict were also adequately addressed. TheSecurity Council must be alert to impending threats tothe security and lives of innocent people. Mechanismsfor early warning, preventive deployments anddiplomatic initiatives should be strengthened. The rootcauses of conflict need to be examined; a

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comprehensive and holistic approach is necessary inthat respect. The Council should enhance itscoordination with other organs of the United Nations,particularly the General Assembly and the humanrights mechanisms of other organs, such as theEconomic and Social Council, in order to utilize theirrespective mandates and strengths. Bringing on boardmore States and stakeholders in the context of shapingand carrying out decisions on the protection ofcivilians will ensure better chances of success in theimplementation of plans and strategies.

At this crucial stage of discussions on UnitedNations reform, improvement of the security andquality of life of the peoples of the world may well bea litmus test of the validity of our efforts for reform inthe Organization.

Mr. Zhang Yishan (China) (spoke in Chinese):At the outset, I should like to thank Under-Secretary-General Egeland for his detailed briefing.

In recent years, the question of the protection ofcivilians in armed conflict has attracted increasingattention on the part of the international community.Innocent civilians, particularly vulnerable groups suchas women and children, have always been the principalvictims of armed conflict.

The Security Council has considered the questionof the protection of civilians on many occasions andadopted relevant resolutions and presidentialstatements. Other United Nations agencies have alsomade tremendous efforts. Many humanitarian agencieshave played positive roles in easing the suffering ofcivilians in armed conflict.

However, it is a matter of concern that tens ofthousands of civilians in conflict situations find itdifficult to guarantee their basic living needs such asfood, drinking water and medicine. Attacks targetingcivilians happen in various forms in some conflictregions. The humanitarian situation continues todeteriorate, and incidents of deliberate attacks oncivilians take place frequently. Refugees and displacedpersons are in dire situations.

Obviously, the international community has a lotof work to do to protect civilians. Some principlesshould be followed in carrying out that work. In thatconnection, I wish to emphasize the following points.

First, the primary responsibility for protectingcivilians lies with the Governments concerned.

Governments and parties to a conflict should complystrictly with international humanitarian laws andshould effectively honour the corresponding obligationto protect civilians. United Nations agencies andpeacekeeping operations should stress internationalhumanitarian law in their publicity campaigns andenhance the awareness of parties to a conflict withregard to their responsibilities to protect civilians, andthey should make sure that the peace agreementsincorporate articles on protecting civilians. On theother hand, humanitarian assistance personnel andorganizations should stick to just, neutral and objectiveprinciples and avoid supporting any party to a conflictand affecting the local peace process.

Secondly, the fundamental and most effectiveapproach to settling conflicts and protecting civilians isto focus on prevention and to deal with both thesymptoms and the causes of the conflict. As the organwith the primary responsibility for the maintenance ofinternational peace and security, the Security Councilshould continue to take effective measures tostrengthen preventive diplomacy and to promotesettlement of existing conflicts so as to save civiliansfrom the miseries of war. In many situations mandatorymeans can only further complicate the problems andresult in more casualties among innocent civilians. Theinternational community should help countries andregions in conflict to formulate preventive strategies,eliminate causes of conflict, promote national harmonyand reconciliation and achieve long-lasting andharmonious development.

Thirdly, in practice, the difference in situations ofarmed conflict in different regions should be taken intoconsideration, and the various situations should bedealt with on a case-by-case basis. Universal use ofone modality should be avoided. The conflicts in theworld have different causes, natures and directions ofdevelopment. So do the phases of the peace process. Itis difficult to use a single programme to deal with allthe problems of protecting civilians. The protection ofvulnerable groups such as women and children alsorequires concrete analysis of the realities of eachregion. It is impossible to use one protectionmechanism to deal with all the situations. We shouldtake particular care with regard to conflict situationsnot on the Security Council’s agenda. The Councilshould carefully analyse and produce a mandate beforetaking any new actions. Whether an existing or a newly

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established mechanism is involved, it is necessary toavoid imprudent action.

Finally, I would like to pay tribute to thoseworkers who are making selfless contributions at therisk of their lives in war. They not only deliver foodand medicine to people in difficult situations; they alsobring them hope of survival. We condemn attacks onhumanitarian assistance personnel, urge that all partieseffectively implement Security Council resolutions,severely punish the culprits and guarantee the safetyand security of international humanitarian personnel.

Mr. García Moritán (Argentina) (spoke inSpanish): First, Mr. President, I wish to thank yourdelegation for having convened this discussion on theimportant question of protecting civilians in armedconflicts. We also wish to express our appreciation toMr. Jan Egeland, Under-Secretary-General forHumanitarian Affairs and Emergency ReliefCoordinator, for his briefing to the Council on thesituation regarding the protection of civilians in armedconflict.

We recall that this important issue has held aprominent place on the agenda of this Council in recentyears in a process that has included the adoption of twosubstantive resolutions — 1265 (1999) and 1296(2000) — both adopted during Argentina’s term as anon-permanent member of the Council, along withsuccessive presidential statements. We should alsokeep in mind the valuable contribution of the annualreports of the Secretary-General and of oral briefingsof the Council such as that we have heard fromMr. Egeland.

Notwithstanding the measures that have beentaken, including the road map, the aide-memoire andthe ten-point plan, there is a manifest lack of progressin the field. The persistence of the problem shouldprompt thorough reflection on the part of theinternational community.

We have already indicated to the Council that noconsideration of national security can take precedenceover the primary obligation of all States to comply withthe norms of international humanitarian law containedin the Geneva Conventions and their AdditionalProtocols. The international community cannot andmust not remain indifferent to the atrocities inflicted oncivilians.

In circumstances in which the judicial systemfails, the international community has an importantrole to play, including through the InternationalCriminal Court, to ensure that the perpetrators of thosecrimes are brought to justice. The attacks on civilianpopulations or on other protected persons andsystematic, blatant and widespread violations ofinternational humanitarian law and of internationalhuman rights law in situations of armed conflict are athreat to international peace and security and requireproper consideration and response from theinternational community.

In the past, the Security Council has stated itsreadiness to consider the various situations andconflicts with a view to adopting, whenever necessary,appropriate measures to help establish a secureenvironment for civilians threatened by conflict. In thecurrent context of violence directed against civilians, itis essential to improve physical protection for refugeesand internally displaced persons, as well as for women,children and vulnerable groups in areas of danger. Aspart of those endeavours, the peacekeeping operationsset up by this Council should set, as a key objective,the establishment of a safe environment for vulnerablepopulations in situations of armed conflict.

That and other measures should be studiedthoroughly and expeditiously by the Council. Wecannot and must not remain unresponsive to thosesituations that are an assault on human dignity. For thisreason we believe it is essential that the Secretary-General provide recommendations to us on this issue inhis report at the end of this year with a view to theadoption of a further resolution on the protection ofcivilians in armed conflict, which will help prevent thecontinuation of such violations of human rights andhumanitarian law.

The Argentine delegations reaffirms itscommitment to continue to work to establish efficientand specific measures and mechanisms to tackle thechallenge of the protection of civilians in armedconflict, both through this Council and in the contextof the discussion in the General Assembly on theSecretary-General’s proposals to the Assemblycontained in his report “In larger freedom”(A/59/2005).

Mr. Faaborg-Andersen (Denmark): I join inthanking you for convening this open debate today,allowing us, along with the full membership of the

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United Nations, to renew our pledge to the cause ofprotecting civilians in armed conflict and to review theprogress to date. I would also like to thank sincerelyMr. Egeland for his briefing and his recommendations,which we wholeheartedly support. On occasions likethis, one cannot help hoping for good news. Yet, onceagain, we are faced with insufficient improvements onthe ground.

We simply have to do better — the SecurityCouncil, the United Nations, its agencies, its MemberStates, non-State and other relevant actors.

Against this background, let me briefly touchupon three issues. But before proceeding, I would liketo fully associate Denmark with the statement of theEuropean Union to be delivered later today by thePermanent Representative of Luxembourg.

First, let me stress that Denmark fully subscribesto the 10-point platform of action developed by theUnited Nations Office for the Coordination ofHumanitarian Affairs (OCHA). The platform identifiesthe most pressing challenges at hand and shows uswhere to direct our future efforts. All points are equallyimportant and mutually reinforcing, but Denmark will,for its part, pay special attention to issues relating toimpunity, to sexual violence, and to the specialprotection needs of women and children in armedconflict. In that connection, we welcome the fact thatwe seem finally to be approaching agreement on thelong overdue draft resolution on children in armedconflict, including on a mechanism to monitor thosewho exploit children as combatants. Denmark wouldalso take a careful look at the role of armed groups,even though they are non-State actors, and theirresponsibility to protect civilians, allow humanitarianaccess and, more generally, respect international law.

It is now time for us to go beyond merelyrecognizing the scale of the difficulties andcomplexities of protecting civilians. With the 10 pointsas stepping stones, we must develop tools that willtranslate our full commitment to protection intoimprovements on the ground. We all acknowledge themagnitude of the problem, but we have yet to developadequate tools to improve the situation. Against thatbackground, we strongly support Mr. Egeland’sproposal for more systematic reporting to the SecurityCouncil, which it is hoped may form the basis for moretargeted Council action in this field.

In his report due in November, the Secretary-General is expected to provide us withrecommendations on ways in which the SecurityCouncil and other organs of the United Nations canimprove the protection of civilians in armed conflict.We look forward to those recommendations, and toworking actively with partners in a sincerecommitment to bring about positive results.

Secondly, the Security Council is alreadyworking on a host of themes relevant to the protectionof civilians. There is hardly one item on the agenda ofthe Security Council that does not relate in one way oranother to the protection of civilians in armed conflict.What they all have in common is that they concern theprincipal responsibility of the international communityto protect individuals in humanitarian distress, in theevent that their own Governments fail to do so. Wesincerely hope that the forthcoming summit willendorse this fundamental principle of internationalbehaviour. That would be a major milestone and addfurther substance and direction to the work of theCouncil in this area.

The expected establishment of a PeacebuildingCommission will mark a new beginning for acomprehensive approach to countries emerging fromconflict. In the post-conflict phase, the Commissionwill provide a forum for coordination, in particular ofhumanitarian issues. It is hoped that the 10-point planand the mechanisms to implement it will prove to beuseful tools for the Commission and for a moretargeted effort in the field.

Thirdly, women are a major resource in all phasesof conflict and crises, and we must endeavour to makebetter use of them. As the Security Council recognizedin resolution 1325 (2000), the full participation ofwomen in peace processes significantly contributes tothe maintenance and promotion of international peaceand security. Nonetheless, women are often regardedsolely as victims of conflict. If we fail to includewomen in the decision-making processes relating to allphases of conflict, we miss out on a major opportunityto ensure lasting and sustainable solutions.

I would like to ask Mr. Egeland to elaborate onhis assessment of the situation and, if possible, ideas hemay have on how better to address this deficiency.

Finally, we expect that the Security Council will,subsequent to this debate, adopt a presidentialstatement expressing its intention to take further

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action. It is imperative that this be not merely apromise of a declaratory nature, but that it contribute toreal change on the ground. We, for our part, standready to contribute to that.

Mr. Vassilakis (Greece): Thank you fororganizing this debate on protection of civilians inarmed conflicts. It is an issue of great importance tothe world community and has been at the centre of theUnited Nations’ attention in recent years.

I also thank Mr. Egeland for the comprehensive,informative presentation. It was very good that hementioned particular cases.

We associate ourselves with the statement that thePermanent Representative of Luxembourg will make ata later stage on behalf of the European Union.

The protection of civilians in armed conflict hasbeen identified as a high priority in the United NationsMillennium Declaration. Rightly, special attention hasalso been given to this issue in the recent report of theSecretary-General entitled “In Larger Freedom”.

The report raises various important aspects ofcivilian protection. It emphasizes the need to preventatrocities against the civilian population and to ensurethat the international community acts promptly whenfaced with massive violations.

In the same context, the report makes reference tothe Security-General’s five-point action plan to preventgenocide. We support this action plan and call for theratification and the implementation of all treatiesrelating to the protection of civilians.

We believe that the protection of civilianpopulations in armed conflicts is a matter which fallsunder the responsibilities of the Security Council inmaintaining international peace and security.

In adopting resolution 1593 (2005), and inreferring the situation in Darfur to the Prosecutor of theInternational Criminal Court, the Security Council tooka proactive attitude toward putting an end to impunityfor the war crimes committed in Sudan. That is a firststep in combating a culture of impunity, which willhelp the consolidation of peace, security and justice inour societies.

The question of humanitarian access to those inneed, and the removal of obstacles that preventhumanitarian workers from delivering humanitarian

assistance and protection to the civilian population areof high importance.

The security of the humanitarian workers isanother issue that raises serious concerns.

The protection of women and children duringarmed conflict is a major concern for the internationalcommunity.

Forcible recruitment of children into armedforces and child abduction are gross violations ofinternational humanitarian law and continue to bemajor problems.

Displaced persons and refugees is another majorhumanitarian concern.

The Secretary-General has, in his report,underlined the need to address these issues togetherwith his Emergency Relief Coordinator.

Mr. Egeland earlier made an interestingpresentation on most of the aforementioned issues andgave us a bleak picture of the serious problems thathumanitarian workers and other vulnerable groups arefacing today in conflict situations. It is also clear thatthe suffering inflicted on the civilian population isaggravated by restrictions on humanitarian access.

All of the foregoing indicates the urgent need foreffective measures of protection. In that respect, wesupport the measures proposed by Mr. Egeland as wellas the 10-point platform for the protection of civiliansthat he presented to the Security Council in 2003, andwe call for its early implementation.

We also believe that regional organizations canplay a very important role in that respect. This isparticularly true for the African Union and its role inthe Darfur crisis. We fully subscribe to the call for anurgent increase in the capacity of the African Union onthe ground in the latter case.

In conclusion, we would like to stress the needfor the Security Council to take a more proactivestance in this field and to adopt in the near future anew resolution that would focus on the majorchallenges related to civilian protection in conflict-tornsocieties, with a view to enhancing such protection andrevitalizing the role of the Security Council in thiscrucial area.

Mr. Motoc (Romania): I should like to begin byjoining others in thanking Under-Secretary-General Jan

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Egeland for his excellent and very to-the-point briefingon the topic at hand.

Romania associates itself with the statement to bemade shortly by the Permanent Representative ofLuxembourg on behalf of the European Union.

I wish to sincerely commend the Frenchpresidency of the Security Council for havingconvened this public debate. Indeed, it is a disturbingreality of our times that, in spite of the effortsundertaken in past years by various components of theinternational community — including, prominently, theUnited Nations — in many parts of the world, a greatnumber of civilians — in particular women andchildren, but also other vulnerable groups — are stilltargeted at various stages of armed conflict bycombatants. Hence, the Council needs to put even moreemphasis on its work on this topic, which cuts across abroad range of conflicts, by changing the ways inwhich we address it, in keeping with the changingnature of the conflicts that confront us today.

It is striking evidence of the changing nature ofconflict that civilians are no longer just incidentalvictims of armed conflict, but have increasinglybecome targets and even tools in warfare. Women andchildren are especially vulnerable in situations ofarmed conflict. Moreover, there are situations in whichUnited Nations civilian personnel on the ground andhumanitarian workers operating out of eitherintergovernmental or non-governmental organizationshave also become direct targets, because of the tacticsfrequently resorted to by factions engaged in conflict.The acknowledgement of new threats to civilianpopulations, including their most vulnerable members,must be followed by the steady formulation of properresponses and solutions — often on a case-by-casebasis — to protect them.

The first priorities are strengthening theapplicable legal framework and ensuring its properimplementation. The Security Council must use allappropriate means to appeal to the parties in armedconflicts to comply fully with the provisions of theUnited Nations Charter and with the norms andprinciples of international law, in particular internationalhumanitarian, human rights and refugee law. Further, it isimperative that States live up to their commitments and actdecisively to curb impunity by prosecuting thoseresponsible for genocide, war crimes, crimes againsthumanity and violations of humanitarian law.

There is an increased need to protect certaincategories of civilians who may face particular threats.Thus, we must devise specific measures and a broadstrategy aimed at preventing and addressing cases ofsexual and gender-based violence and at bringing tojustice the perpetrators of such serious violations ofhuman rights. We must make sure that the security andfreedom of movement of humanitarian personnel areguaranteed by all parties engaged in an armed conflict,while acknowledging that it is important that everyoneinvolved in humanitarian activities respect theprinciples of neutrality, impartiality, humanity andindependence.

Prevention is always more effective thanprotection. In that respect, we need to adopt a morestrategic approach that would address in acomprehensive manner the root causes of armedconflict. The international community must provide thenecessary incentives for the parties to engage in ameaningful process of political reconciliation. Theestablishment and consolidation of democraticinstitutions, respect for human rights and the rule oflaw are material conditions for sustainabledevelopment in societies headed towards or emergingfrom armed conflict.

The regional dimension of most armed conflictsis obvious today. Romania has always been a strongsupporter of the United Nations working in concertwith regional organizations in taking up this agenda sothat no conflict, no crisis and no tension is leftunaddressed and to improve the chances that suchconflicts, crises and tensions will be dealt with in amore timely and comprehensive manner. Regionalaction under United Nations supervision can also makea difference by removing the more deep-seated factorsthat currently trigger violence against civilians.

It is essential to improve and upgrade thecapacity of the United Nations system so that it canrespond appropriately to contemporary manifestationsof conflict. That entails, for instance, the provision ofbetter-tailored mandates and more adequate resourcesto peacekeeping missions to enable them to pursuetheir goals — including the protection of civilians inarmed conflict — more effectively.

Concerns related to the protection of civilians inarmed conflict in general, and of children and womenin particular, have become matters that the SecurityCouncil now considers, in a dedicated manner and on a

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regular basis, as important components of its agenda.In our view, that should also be the case with regard tothe relationship between the United Nations andregional organizations in conflict situations.

What matters most is that these steps forward notbe diluted by formalistic or ritualistic approaches. It isdifficult for us to understand, for example, why theCouncil cannot extend its protection to children — orto other vulnerable population groups, for that matter —when they face violence and adversity, regardless of thestatus we ascribe to the conflict affecting them. Afterall, children and other vulnerable groups have nochoice between living in peace and being exposed toconflict, violence or hardship; likewise, they cannotchoose between conflict situations that are addressedby the United Nations and those that are never on — orquietly slip off — our radar screens.

Perhaps it would be appropriate for me toconclude on a note of optimism. At a time of changefor the Organization, Member States should be able tokeep the plight of civilians in armed conflict at the topof the agenda aimed at improving and consolidatingexisting United Nations bodies in order to rid the worldof the scourge of war and the pathology ofinfringements of human rights.

The President (spoke in French): I shall nowmake a statement in my capacity as the representativeof France.

I thank Mr. Egeland for his important statement.

I should like to begin by saying that I fullyassociate myself with the statement to be made by therepresentative of Luxembourg on behalf of theEuropean Union.

These twice yearly debates remain essential, inmy view, because several factors are making theprotection of civilians in armed conflict more difficultthan ever before. Those factors are well known: theinternal nature of today’s conflicts and the increasingfragility of international law. I would add thatheightened global awareness is causing some situationsto be perceived as totally unacceptable.

What has happened since our last debate, inDecember 2004? On the ground, as Mr. Egeland said,the situation of civilian populations remains veryprecarious and is often intolerable. That is particularlythe case in the Congo and in the Sudan. Sexualviolence is becoming commonplace. Forced

displacement is used as a tactic of war. Humanitarianpersonnel are harassed and attacked. The kidnapping inIturi of two members of the non-governmentalorganization Doctors without Borders is a recentexample. And the emergence of new crises — inNepal, for example — is another new cause forconcern.

How do we respond to that situation?Mr. Egeland has provided some ideas on how tostrengthen the protection framework. I imagine he willdevelop those ideas in his next report to the Council.

For my part, I should like to comment on threepoints.

First of all, there is, of course, a problem ofresources. We must ensure that there is a correlationbetween the mandate to protect, assigned topeacekeeping operations, and the resources providedfor the execution of that mandate. That is particularlyimportant when it comes to the physical protection ofthe most vulnerable. Mr. Egeland rightly emphasizedthat point. We must give further thought to realistic andeffective solutions, taking account of past experience,especially that of the United Nations Mission in theDemocratic Republic of the Congo (MONUC).

When acute crises occur in the matter ofprotection characterized by mass violations of humanrights and international humanitarian law, we must beable to apply the principle of the responsibility toprotect. That principle reaffirms the primaryresponsibility of States to protect civilians on theirterritory; hence there is no interference. In the eventthat the State concerned fails to act, the internationalcommunity has a duty to do so, including through theSecurity Council. I am convinced that heads of State orGovernment, meeting in New York in September, willbe able to reach agreement on that principle.

We must also deal with the vicious cultural circleof violence. Given a certain level of chaos andlawlessness, even those who are normally victimsbecome executioners. That can be seen today in theDemocratic Republic of the Congo, where not onlycombatants, but also civilians themselves, commit actsof sexual violence. In the face of such intolerableaberrations, the fight against impunity is an absoluteimperative. The obligation to punish and the obligationto protect are the primary responsibilities of States, andit is at that level that impunity must be combated firstand foremost. However, when a State fails to act,

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international justice — specifically, the InternationalCriminal Court — is an essential recourse for States, aswell as for the Council.

Since the most recent resolution — adopted bythe Council in 2000 — on the protection of civilians,and, more broadly, since the first mandates forpeacekeeping operations that included a protectioncomponent, the context has changed a great deal. Ibelieve that the time has come to consider adopting anew resolution, taking account of such developmentsand offering guidance for the future.

I now resume my functions as President of theCouncil.

In order to ensure that we manage our timeproperly, and with a view to enabling as manydelegations to take the floor as possible, I shall notinvite individual speakers to take a seat at the Counciltable. When a representative takes the floor, theConference Officer will seat the following speaker atthe table.

The next speaker is the representative of Peru, onwhom I now call.

Mr. De Rivero (Peru) (spoke in Spanish): Mydelegation commends you, Mr. President, for havingconvened this open debate on the protection ofcivilians in armed conflict. We are also grateful toMr. Egeland for his comprehensive briefing —although I must say that his comments give cause forconcern.

This discussion is important, because one of thegreat challenges facing the Security Council in thetwenty-first century will be the protection of civilianvictims of conflicts throughout the world — conflictsthat are now mostly civil in character. Since the coldwar, approximately 33 domestic armed conflicts havebroken out or been rekindled, resulting in more than 5million deaths and almost 17 million refugees anddisplaced persons. Such conflicts are truly hellish incharacter, there being no longer any respect for themost basic humanitarian principles, nor any distinctionbetween the belligerents and innocent civilians. Thus,civil armed conflicts turn into a kind of mass crimewave. They are truly destructive national conflicts thattransform countries into breeding grounds for crimesagainst humanity. That is why this debate is soimportant.

It must be said that the problem in addressingsuch conflicts is that the United Nations was notcreated to prevent internal conflicts among civilians.Many Governments still believe that the suffering thatthey inflict or allow to be inflicted on their civilianpopulations is the domestic affair of States. However, itis worth asking ourselves whether perpetrating orpermitting mass or systematic violations of the right tolife and, specifically, the provisions of the GenevaConventions and the Convention Against Genocide,can honestly be called the domestic affairs of a State.

It is clear that, in accordance with internationallaw, States bear the primary responsibility forprotecting civilian populations. We believe thatbelligerent armed groups also bear that responsibility.If States or armed groups violate international law orfail to comply with the Geneva Conventions, theConvention Against Genocide or humanitarian law ingeneral, such violations are not a domestic matter, butrepresent a threat to international peace and security.Accordingly, such acts must meet with an immediateand firm response by the Security Council. The UnitedNations is thus duty-bound to protect civilians fromcrimes against humanity, including mass violations ofhuman rights, ethnic cleansing and genocide.

That right to protection is not easy to exercise,because it involves three specific responsibilities: theresponsibility to prevent internal causes of conflict thatput populations at risk; the responsibility to respond,which includes coercive measures, sanctions and, inextreme cases, military intervention; and theresponsibility to reconcile the population and rebuildthe ravaged country.

One important measure that would strengthen theCouncil’s responsibility to protect civilians would be,for example, for the five permanent members of theSecurity Council to arrive at a gentleman’s agreementnot to use their veto when dealing with questions aboutwhether to intervene to prevent crimes againsthumanity, in particular in the face of mass violations ofhuman rights or the right to life, ethnic cleansing andgenocide. That gentleman’s agreement would becomeoperative once the Secretary-General put forth a casebacked up by reports of the Office of the UnitedNations High Commissioner for Human Rights. Theunderlying idea would be for permanent members ofthe Security Council, in response to a request by theinternational community, to cooperate by not vetoingCouncil operations that could save thousands of human

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lives. The Council could also take the followingpractical measures to strengthen its capacity to protectcivilians.

First, the Council needs greater foresight inidentifying countries at risk of crisis and under stress,as well as in possibly identifying future threats topeace not yet on its agenda.

Secondly, the Council should undertake asystematic evaluation of mandates pertaining to theprotection of civilians, including measures takenpursuant to Chapter VII of the Charter, so as toenhance its capacity to protect.

Thirdly, the Council should review nationalreconciliation and reconstruction processes on anongoing basis.

Thus far, the Council has not effectively carriedout its responsibility to prevent conflicts. With regardto the second responsibility — namely, to respond —not all peacekeeping missions have been completelysuccessful, either. As regards the responsibility towardsreconciliation and reconstruction, it remains to be seenwhether that will work in the future.

As we can see, the Council continues to face thegreat challenge of fully carrying out its responsibilityto protect, which today exceeds the good intentionsreflected in resolutions 1265 (1999) and 1296 (2000).It is therefore a good idea to consider another draftresolution to supplement those.

The gentleman’s agreement on avoiding a vetoand the practical measures I have mentioned will beworth nothing if the Council’s peacekeeping — orpeace enforcement — capacity is weakened by lack ofrecruitment, shortcomings in the troops recruited anddelayed deployment of troops. If we do not improvethe quantity and quality of United Nations personnel,we will not be able to achieve protection for civilians,unless the Organization were hypothetically preparedto resort to the hiring of private military firms thathave no obligations vis-à-vis internationalhumanitarian law but are already providing analternative in many armed conflicts.

It is for those reasons that the Council shouldembrace the recommendations of the High-level Panelon Threats, Challenges and Change calling oncountries with the greatest military capacity to makeavailable to the United Nations autonomous, highly-

trained and self-sufficient stand-by battalions thatcould even be as large as a brigade.

One of the things that should be examined in thearea of protecting civilians in international armedconflicts today is the increasingly common use of thenotion of collateral damage. That is often a euphemismreferring to the many civilians who are going to die, orwho have in fact died, and is to justify militaryobjectives. If the United Nations does not react to theconcept of collateral damage in international conflicts,it will be following the military logic of belligerents,which accepts the inevitability of the loss of innocentlife as falling within the acceptable scope of militaryaction. If we really want to protect civilians, one of thefirst tasks of the Security Council should be to dispatchspecial missions to investigate civilian losses ininternational armed conflicts. Only in that way will itbe possible to determine whether or not warring partieshave complied with humanitarian conventions.

United Nations reform is unquestionably a veryhigh-profile issue in international public opinion today.In that regard, the case of Darfur will prove whetherthe Council is capable of bridging the gulf between itsspeeches and resolutions about protecting civilians andeffective action in the face of crimes against humanity.

The President (spoke in French): I now give thefloor to the representative of Colombia.

Mrs. Holguín (Colombia) (spoke in Spanish): Iwould like to begin by congratulating you, Sir, on yourassumption of the presidency of the Security Council,as well as by thanking you for organizing, andpresiding over, this debate. I would also like to thankMr. Jan Egeland, Under-Secretary-General forHumanitarian Affairs, for his briefing on the issue ofthe protection of civilians in armed conflict.

With regard to that subject, which is of particularimportance, States with solid democratic institutionshave an opportunity and responsibility to work toensure progress and development for their citizens in asafe and violence-free environment. It is incumbentupon Governments to carry out that task; theinternational community has an important role to playin providing support and cooperation through specificprogrammes that contribute to the strengthening ofnational initiatives.

The protection of civilians in armed conflictshould be governed by international law and be

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respectful of its guiding principles. It is essential thatthe humanitarian issue not be confused with thepolitical component, as that would put an end to thetransparency and objectivity that should governhumanitarian affairs. In that regard, the trend to includehumanitarian assistance in the political and militarymissions of the United Nations jeopardizes thefundamental principles of the Organization.

Building trust among civilian populations andworking with authorities requires joint coordinationand concerted action between States and humanitarianorganizations. We believe that the example provided bythe International Committee of the Red Cross shouldbe the rule, and not the exception, in any humanitariansituation.

The tendency in the civilian protection systemhas been to focus on displaced populations. It is in thatcontext that we would like to express some of ourviews.

The worldwide problem of illicit drugs gives riseto many ills in Colombia, including displacement.Colombia’s population is the victim of organizedtransnational crime, as arable land is illegally seizedfor the purposes of drug trafficking by illegal armedgroups linked to that scourge. Such illegal seizuresviolently expel people from their land, thereby causingdisplacement. The results of the war on drugtrafficking during President Uribe’s Administrationhave had a direct beneficial impact on the civilianpopulation. Civilians are safer on their land with eachpassing day, and they are increasingly returningvoluntarily to those lands.

Drug trafficking — a multi-million-dollarbusiness — respects neither democratic institutions,laws nor the rule of law. Neither does it respectcivilians. Drug trafficking generates violence and is athreat to the stability and security of States.Comprehensive cooperation is essential to overcomethis scourge, which is at the origin of many others. TheUnited Nations Office on Drugs and Crime is workingclosely with our Government and has had successes inrecent years. It understands the complexity of theproblem; that understanding accounts in part for thesuccess of the strategies and programmes undertakenwith national authorities. Colombia has the greatestinterest in restoring security for Colombians andensuring that all persons can live in their places oforigin without having to be displaced in order to escape

violence. My country is working steadfastly to meetthose goals and has achieved significant results inrecent years.

Since the current Government of President UribeVelez came to power, displacements resulting from theactivities of illegal armed groups have beenconsistently and permanently reduced. On the basis ofannual tallying — and not on a cumulative basis, as thephenomenon has been presented by certain non-governmental organizations — of 420,000 displacedpersons in 2002, there were only 220,000 remaining in2003 and 170,000 in 2004. We calculate that were willbe some 150,000 by the end of 2005, which does notjibe with the 700 daily mentioned this morning byMr. Egeland. Unfortunately, we have not managed tocorrelate the figures of the State with those of theUnited Nations system, but in any case we need towork more on finding a solution to the overall problemthan on adjusting figures.

Colombians are increasingly returning to theirhomes thanks to the resolute action of the State toprovide security in all corners of the country and indifficult conditions involving great logistical andfinancial challenges. The official figure for registereddisplacements is 1.5 million. This is a cumulativefigure covering the past 10 years, and not just recentmonths. Colombia is working to ensure that there willbe not one displaced person in the future and iseffectively caring for the population. In that work, itcooperates and maintains permanent opencommunication with the United Nations system and theOffice for the Coordination of Humanitarian Affairs(OCHA). Although we may disagree with OCHA oncertain approaches — and particularly on the questionof access — we believe that the State has paved theway for trust and joint effort. This year, theGovernment agreed to implement a humanitarianproposal with the United Nations system, in which it ishoped that the donor community will play an importantrole in financing specific programmes and projects.The Government is providing more than 80 per cent ofthe scheme’s budget. The concerted action will proposelong-term solutions for displaced communities, and weare certain that it will yield positive results.

In this debate we have to consider not only thenumbers of displaced persons, but also the nature ofthe State in which the populations in need of protectionare located, before devising general formulasapplicable to all situations. We have discussed the so-

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called collapsed States, States incapable of caring fortheir own populations, and States where, while theneeds of the people are met, for one reason or anotherthey have been displaced or are vulnerable due toparticular circumstances.

It is important to take into account the specialcircumstances of each situation and the response of theState to a specific problem. On the basis of such anassessment, we need to develop support policies andassistance that distinguish between cases and areadapted to each. We need to focus on identifying anddefining the objective features of the State and itscapacity to choose the kind of cooperation assistancerequired to protect its civilian population. In thatanalysis, figures and considerations of politicalpreference must be relegated to a secondary level,because, whatever the situation may be, the mostimportant thing — and what the United Nationsenables us to carry out most effectively — is anassessment of national capacities and needs in order toprovide the ideal response guaranteeing the protectionof civilians.

Since we favour access to the people in order toprovide them with their needs, we refuse to recognizethe need to dialogue with illegal armed groups toensure humanitarian access. We do not believe that weneed to talk with such groups if we wish to undertakeeffective humanitarian work. Similarly, every situationis specific and different, and it is therefore not useful todraw up formulas for general implementation. Not allillegal armed groups can be approached in all parts ofthe world. There is a need to reaffirm their associationwith transnational crime, drug trafficking andterrorism.

Since the issue of children in armed conflict hasbeen raised this morning, we believe that the UnitedNations must focus on disarmament, demobilizationand reintegration programmes for that sector in orderto enable such children to begin their lives anew.Colombia is working with the United NationsChildren’s Fund on relevant projects and onstrengthening national reintegration programmes.

In conclusion, I reaffirm my country’scommitment to international humanitarian law and theprotection of civilians affected by violence andterrorism. We believe that there is a need to create alegal framework for establishing the responsibility toprotect, and in that regard the United Nations could be

much more effective in the protection of civilians. Webelieve that cooperation among the various actors isessential to strengthening the policies and mechanismsof national protection, to the benefit of civilians.

The President (spoke in French): I call on therepresentative of Egypt.

Mr. Abdelaziz (Egypt) (spoke in Arabic): TheSecurity Council is continuing its discussion of theprotection of civilians in armed conflict with a view tocreating a more effective and more inclusive vision tobe implemented by the international community in anatmosphere of assiduous collective action andcommitment and in a manner corresponding to thefindings and recommendations of the High-levelMeeting to be held by the General Assembly inSeptember. That Meeting will seek to enhance allUnited Nations activities in an integrated manner witha view to achieving a real improvement and reform ofthe Organization.

We must therefore work collectively on twoparallel fronts. First, we must make every effort toresolve armed conflicts and to prevent their recurrencein an integrated framework that includes elements ofpreventive diplomacy, the peaceful settlement ofdisputes, peacebuilding and integration efforts, and theredeployment of resources to achieve stability anddevelopment.

Secondly, we must protect civilians from anyharm that may befall them during or as a direct resultof armed conflict. Proceeding from our firm belief inthe strong link between this topic and internationalhumanitarian and human rights law, this year for thefirst time Egypt sponsored a draft resolution, entitled“Protection of human rights of civilians in armedconflicts”, at the sixty-first session of the Commissionon Human Rights, with the aim of depoliticizinginternational humanitarian law and focusing on thepromotion of international mechanisms for theprotection of civilians’ rights in armed conflict,including the protection of peoples chafing under theyoke of foreign occupation, in a framework thatguarantees the equal and scrupulous implementation byStates of their obligations under the GenevaConventions and international humanitarian law. It isencouraging that the resolution commandedunprecedented support, as reflected in the positivevotes of most States members of the Commission andits sponsorship by approximately 100 States. Egypt has

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also supported the Security Council’s efforts in thatrespect in recent years. It has also stressed the need toharmonize the provisions of international humanitarianlaw and the principles of the United Nations Charter.

We are disturbed, however, by the increase inhotbeds of tension throughout the world. Rightsviolations and crimes against civilians have all been onthe rise recently, leading to a growing number ofcasualties and displaced persons, as well as to ongoingacts of destruction and sabotage and the plundering ofnatural wealth and cultural heritage, in contraventionof all legal and moral norms. We must therefore stressthe fact that the protection of civilians in armedconflict should be based on the decisive commitmentof all parties and States to the provisions ofinternational humanitarian law, especially the FourthGeneva Convention. It should be also be based on theobservance of religious, cultural, ethnic anddemographic specificities and on the necessaryprotection of civilians under brutal occupation. Itshould take place in an atmosphere of full respect forthe principles of sovereignty, territorial integrity andnon-interference in internal affairs.

Despite such important developments as theexpanded scope of United Nations peacekeepingoperations to cover the protection of civilians in armedconflict and securing the delivery of humanitarianassistance to most of those in need, we mustacknowledge that the training and deployment of thepersonnel of those operations remain inconsistent withthe many complex security and economic measuresthat vary with each situation. United Nationsinterventions therefore sometimes come too late tomeet the needs of civilians in certain areas in terms ofsecurity and emergency humanitarian assistance. Henceit is necessary to reconsider the manner in which theUnited Nations, especially the Security Council,addresses the question of the protection of civilians,keeping it separate from political, economic andsecurity interests and bilateral relations.

There is no doubt that protecting civilians inarmed conflict requires that regional organizations playan important role at all stages of the process —especially on our continent, Africa, where the AfricanUnion has set an example to be followed that can bebenefited from at the international level. The need toprotect civilians in armed conflict does not cease withthe end of military operations. Rather, an inclusiveconcept of such protection involves post-conflict

peacebuilding, including the development, social andhumanitarian dimensions, and aspects relating torehabilitation and reconstruction.

The destruction of socio-economic infrastructurescaused by armed conflict puts the lives of civilians ingrave danger. Peace, in its political, economic andsecurity aspects, remains fragile if it is not backed bycomprehensive and focused development plans andprogrammes. Security, development and human rightsall should be safeguarded at all stages of the process inorder to bring about security and stability for civiliansin conflict areas.

The President (spoke in French): The nextspeaker on my list is the representative ofLuxembourg. I invite him to take a seat at the Counciltable and to make his statement.

Mr. Hoscheit (Luxembourg) (spoke in French): Ihave the honour to speak on behalf of the EuropeanUnion. The acceding countries Bulgaria and Romania,the candidate countries Turkey and Croatia, thecountries of the Stabilization and Association Processand potential candidates Albania, Bosnia andHerzegovina, the former Yugoslav Republic ofMacedonia, Serbia and Montenegro, and the EuropeanFree Trade Association country Iceland member of theEuropean Economic Area, as well as Ukraine and theRepublic of Moldova, align themselves with thisstatement.

Civilian populations have, in one way or another,suffered the consequences of each and every conflictthroughout history. Their deliberate targeting as ameans to further military objectives is, unfortunately,not new either. But the fact that such practices, whichinvolve gross violations of human rights andinternational humanitarian law against the mostvulnerable groups, have managed to spill over into thetwenty-first century is something that deeply concernsus. Mr. Egeland has just given us numerous examples,and I take this opportunity to congratulate him and tothank him for his courageous and committed work andfor that of the United Nations personnel who areinvolved in the protection of civilians.

Today’s debate on the protection of civilians isvery timely, not only because we are aware that humanrights violations are occurring even as we are meetinghere, but also because, as Members of the UnitedNations, we are currently engaged in reforming ourOrganization and in rethinking the way in which it is

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handling situations of armed conflict. The EuropeanUnion has endorsed the Secretary-General’s importantproposal concerning the responsibility to protect. Theprotection of civilian populations is a moral imperativefor the international community; it is a collective andshared responsibility. In its resolution 1296 (2000), theSecurity Council has indicated its readiness to considerthreats to peace and security of this nature and, wherenecessary, adopt appropriate steps.

While we renew our commitment to thoseprinciples, we cannot forget that the primaryresponsibility to protect lies with individual sovereignStates. However, when a State is unable or unwilling toprotect its civilians, or when crimes such as genocide,ethnic cleansing, crimes against humanity, war crimesor massive and grave human rights violations occur orthreaten to occur, the international community mustrespond.

While small arms and light weapons take a largetoll in today’s conflicts, especially in Africa, one of themost brutal weapons used systematically in places suchas Darfur and the eastern part of the DemocraticRepublic of the Congo, for instance, is rape and thesexual enslavement of women and children, includingamong refugees and internally displaced persons. TheEuropean Union strongly condemns sexual and gender-based crimes and expects that the recent referral of thesituation in Darfur to the International Criminal Court(ICC) and the forthcoming investigation by the ICCProsecutor will address these crimes. A persistentclimate of impunity facilitates the commission of suchcrimes. The situation in Darfur should therefore serveas a signal of the determination of the internationalcommunity to uphold the rule of law, to end impunityand to bring the perpetrators to justice, there orelsewhere.

I wish to take this opportunity to welcome thepresidential statement of 31 May 2005 condemning allacts of sexual abuse and exploitation committed byUnited Nations peacekeeping personnel. In thatcontext, the European Union urges all its partnersswiftly and fully to implement all recommendationsadopted in the report of the Special Committee onPeacekeeping Operations. It looks forward to the swiftestablishment of the group of legal experts and theconclusion of their work on the legal ramifications ofsome of the proposed recommendations.

I mentioned briefly the situation of refugees andinternally displaced persons. As they seek protectionabroad or in their own country, fleeing armed conflictor specific threats, they sometimes remain in dangereven in their place of refuge. Men are killed, andwomen and girls are raped and sometimes killed.Sometimes camps are targeted; they are ofteninadequately protected. There is therefore a clear needfor increased physical protection. Where States will notor cannot provide such protection, the internationalcommunity must do so. In that context, I would like torepeat our call for improved humanitarian access in allareas where aid is so desperately needed.

The role of regional organizations must behighlighted. In that context, the European Unioncommends the African Union (AU) for its leadership inthe Darfur region of the Sudan, where the AUmonitoring mission has shown demonstrable results inreducing occurrences of violent crimes in the areas itpatrols. The European Union actively supports theexpansion of the African Union mission in Darfur andhas recently announced a sizeable aid package.

Occurrences of direct and deliberate targeting areincreasing, but civilians also continue to suffer fromthe indirect consequences of armed conflict, forexample, the destruction or deliberate misuse byparties to the conflict of health or educationinfrastructures, such as hospitals and schools.

When I had the honour of addressing the Councilduring its recent open debate on peacebuilding, I notedthat the protection of civilians was one of the manyelements of a comprehensive and coherentpeacebuilding strategy. While the protection ofcivilians is now included in the mandate of everypeacekeeping operation, it must remain on the agendawhen a given situation transitions to a longer-termpeacebuilding phase. The future PeacebuildingCommission will clearly play a pivotal role in thatrespect.

In conclusion, five years after the adoption ofresolution 1296 (2000), it is clear that the situationconcerning the protection of civilians in armed conflicthas not improved much.

Without prejudging the Secretary-General’sassessment in his next report, which is due at the endof this year, it would seem that there is a clear need tostrengthen the framework of the protection of civiliansin armed conflict, possibly through the adoption of a

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new resolution. In any event, I assure the Council thatthe European Union will remain fully committed tointernational endeavours to enhance the protection ofcivilians in armed conflict.

The President (spoke in French): The nextspeaker is the representative of Canada, to whom I givethe floor.

Mr. Rock (Canada): I am pleased to address theCouncil on behalf of Canada, Australia and NewZealand. At the outset, I would like to reaffirm ourstrong support for the call to action that we heard todayfrom Emergency Relief Coordinator Jan Egeland.

Our Governments continue to attach the highestimportance to the protection of civilians in armedconflict and to the attention that the Security Councilhas rightly focused on increasing the physical and legalsecurity of war-affected populations.

Last December (see S/PV.5100), ourGovernments highlighted six key issues that shouldform the basis of future Council action on protectionissues. These included: putting a greater emphasis onconflict prevention; systematically pursuing lessonslearned with respect to past civilian protectionmandates; strengthening monitoring and enforcementmechanisms for targeted sanctions; more proactiveengagement on the issue of natural resources andarmed conflict; and reinforcing the capacity of countryteams to respond to protection concerns. In addition,we placed important emphasis on the need for theCouncil to reach agreement on how it will applyChapter VII of the Charter in response to attacksagainst civilians, particularly in internal conflict,consistent with resolution 1265 (1999).

We continue to believe that those issues must bethe focus of Council efforts in the months ahead andmust be reflected in the Secretary-General’s nextreport. Today, however, we will focus on just a veryfew of the additional concerns that have been noted byMr. Egeland.

The appalling and endemic use of sexual abuseand violence as a weapon of war demands our urgentattention. It is clear from what we have seen in thehorrors of Bosnia, Rwanda and Sierra Leone and fromwhat is evident today in the Democratic Republic ofthe Congo and Sudan that a more robust and bettercoordinated international response is required. Statesaffected by conflict, their justice systems and their

local communities must be engaged as a matter ofpriority to ensure that perpetrators of sexual violenceare brought to justice. The international communitycan do more to marshal and coordinate support forlocal-level judicial reform, capacity-building and theoverall strengthening of the rule of law as a criticalinvestment. In that respect, we strongly support theproposed Peacebuilding Commission. We note thegood work of the Challenges of Peace OperationsProject on these issues and look forward to thefinalization of its phase-II report later this year. Whereserious crimes amounting to war crimes, crimes againsthumanity or genocide cannot or will not be addressedlocally, the International Criminal Court becomes theappropriate forum to turn to.

In addition, United Nations agencies and otherhumanitarian, development and human rights agenciesmust strengthen their efforts to promote prevention ofsexual exploitation and to increase accountability,including within their own work. We also believe itwould be useful for the Office for the Coordination ofHumanitarian Affairs and the Department ofPeacekeeping Operations to consider how UnitedNations peace support operations with protection-of-civilians mandates might be better designed to ensuregreater physical security for women and children atrisk of sexual or gender-based violence. We must lookto troop-contributing countries to follow through on thework initiated by Prince Zeid Ra’ad Zeid Al-Husseinand the Special Committee on PeacekeepingOperations, to ensure that peacekeepers do notcontribute to gender-based violence and that individualpeacekeepers are held accountable if they commit suchacts.

As we have seen in recent months, regionalorganizations can play an important role in providingtimely, appropriate and effective responses toprotection crises. The leadership that the AfricanUnion has shown in Darfur is an example of what maybe possible in that respect. We encourage continuedstrong links between the United Nations and regionalorganizations on civilian-protection issues. Theinternational community must make concerted effortsto build and enhance regional crisis response capacity,including through political, material and financialsupport when required.

We must also continue to recognize that keyelements of the civilian-protection agenda haveimportant regional dimensions, such as the abduction,

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recruitment and use of boys and girls as child soldiers,and forced displacement.

As was evident in West Africa, failure toeffectively put our collective resources intoprogrammes of disarmament, demobilization andreintegration (DDR) that assist in the reintegration andrehabilitation of children renders them vulnerable tore-recruitment with consequences for national andregional stability.

In that regard, I would also like to draw theCouncil’s attention to the domestic and regionalimplications of the continued abduction andrecruitment of children in northern Uganda. Thatregion presents a continuing tragic cycle ofdisplacement, violence and child abduction: anappalling situation that has lasted for almost 20 years.We urge the Security Council to request continuingreports on the humanitarian and human rights realitiesin Uganda and to look for the appropriate moment toput that conflict on its agenda so that it might exploreall possible means to hasten the day when the violencestops.

We strongly support Mr. Egeland’s emphasis onthe rights and needs of internally displaced persons(IDPs). Their deliberate dispossession is among themost visible and devastating symptoms of conflicttoday. We reaffirm the responsibility of Governmentsin the first instance to ensure that the needs of IDPs ontheir own territory are met, including by facilitatingsafe and unhindered access for humanitarian agencies.Certainly the Guiding Principles on InternalDisplacement provide a useful framework, and theinternational community has a key supporting role toplay.

This year has been a difficult one for thededicated United Nations staff and humanitarianpersonnel who work tirelessly in the field to help thosein greatest need. The kidnappings of United Nationsand non-governmental organization staff inAfghanistan are, regrettably, only the most recentreminder that those who seek to protect civiliansurgently need our support if they are to continue theirwork. All parties to conflict must respect the principlesof humanity, impartiality, neutrality and independencethat govern the efforts of those agencies. It isimperative that they also be allowed to advocate onbehalf of conflict-affected populations and not fear

reprisals from Governments for raising concerns aboutviolations of international law.

In addition to condemning attacks against thosewho perpetrate violence against aid staff, the Councilcan take concrete action by encouraging the GeneralAssembly to rapidly reach a conclusion on theexpansion of the scope of the 1994 Convention on theSafety of United Nations and Associated Personnel andto remove the exceptional risk requirement so that itcan cover all United Nations and associated staffwhose work, by its very nature, renders themvulnerable to attack. Every day that we spenddeliberating on the scope of a new legal instrumentputs them at further risk.

(spoke in French)

We welcome the progress report provided byUnder-Secretary-General Egeland on the improvementof monitoring and reporting with respect to theprotection of civilians. This work must continue. Inaddition, we urge him to continue to use his office tobring civilian protection concerns to the Council’s andour collective attention. This includes situations ofwhich the Council may not yet formally be seized.

In the end, our message is simple: we mustcontinue to move forward robustly on the initiativeregarding the protection of civilians in armed conflict.We call on the Security Council to commit itself tocontinuing to attach high priority to the protection ofcivilians and to expanding its consideration of thesubject to issues that had not been identified five yearsago. The issues we outlined in December 2004 andtoday must continue to be addressed as part of theCouncil’s deliberations on the development ofmultidimensional integrated mission mandates andshould be reflected in a new Security Councilresolution on the protection of civilians. We lookforward to discussion of these elements in comingmonths.

The President (spoke in French): I now call onthe representative of Nigeria.

Mr. Adekanye (Nigeria): My delegation wishesto express its appreciation to you, Mr. President, forconvening this important debate on the protection ofcivilians in armed conflict. We welcome theopportunity it provides Member States to exchangeviews on the subject and to reflect on the continuingchallenges facing the international community with

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regard to the protection of civilians in armed conflict.We also thank Mr. Jan Egeland, Under-Secretary-General for Humanitarian Affairs and EmergencyRelief Coordinator, for his important statement.

It is of concern to my delegation that, in spite ofinternationally acknowledged mechanisms and legalinstruments that guarantee the safety and protection ofnon-combatants and ex-combatants in conflictsituations, the global culture of protection of civilianscalled for by Secretary-General Kofi Annan in 2002regrettably remains a distant prospect. Civilianscontinue to pay a heavy toll in the various conflictsituations around the world. All too often, civilians aresubjected to various human rights abuses, includingdenial of access to medical and humanitarian aid. Inthat regard, my delegation is particularly concernedthat many of the conflicts in the world today occur inAfrica and take place within States.

That unacceptable situation has adverselyaffected the social, cultural and economic lives ofmillions of people and has highlighted the challenge ofprotecting human rights and providing basichumanitarian assistance, especially to the mostvulnerable members of society. These include theelderly, women, children, people with disabilities andthose afflicted with serious diseases. The situation iseven more critical and the challenges even moredaunting for civilians in countries in conflict where thepopulation must confront the HIV/AIDS pandemic, asis the case in some African countries.

Nigeria believes that the way forward is forStates to adopt, ratify and/or codify in national laws thevarious conventions and protocols on the law of armedconflict and to ensure the implementation of theprovisions of those instruments. Where required,national Governments should have access tointernational support and assistance, upon request, tostrengthen their judicial and security mechanisms. Thatwould enable them to effectively prosecute and punishperpetrators of crimes committed against civilians intimes of conflict. We reaffirm the primaryresponsibility of national Governments to ensure thesafety and protection of their civilians in times ofpeace or violent conflict.

However, the best way in which to protectcivilians is to prevent conflicts in the first place. In thatregard, my country has supported, and will continue tosupport, regional efforts to identify the root causes of

the many conflict situations that have erupted on theAfrican continent. Within the West African subregion,for example, significant strides have been made byStates members of the Economic Community of WestAfrican States in their determination to bring about thepeaceful resolution of conflicts within and among thecountries concerned. Nigeria has closely coordinatedinitiatives with other States members of theCommunity in that process. Similarly, the AfricanUnion, through its Peace and Security Council, hascontinued to beam its searchlight on potentialflashpoints and ongoing conflicts, and it has proposedsolutions that would address all facets of such conflictsand ensure the safety and security of civilians.

The international community must continue tosupport the efforts of national Governments andregional organizations as they seek to strengthen themechanisms and instruments aimed at protectingcivilians in situations of armed conflict. Suchcooperation and collaboration should include providingsustained humanitarian assistance and support tovictims and internally displaced persons.

The President (spoke in French): I call now onthe representative of Norway.

Mr. Løvald (Norway): The challenges posed bytoday’s conflicts have become increasingly complex.The fact that those challenges are comprehensive,however, must not stop us from acting. On thecontrary, we must make sure that our response isequally comprehensive by mainstreaming the manyissues covered by the protection-of-civilians umbrellainto all efforts undertaken by the Security Council toalleviate this situation and by ensuring effectiveimplementation on the ground.

United Nations peacekeeping operations must begiven strong mandates and enough resources to protectcivilians. The Security Council must systematicallytake account of the current resolutions on theprotection of civilians in armed conflict when itreviews existing mandates and adopts new resolutions.That applies especially to resolution 1325 (2000) onwomen, peace and security and to resolution 1539(2004) on children and armed conflict.

Furthermore, we would be eager to see theadoption by the Security Council of a new resolutionon children and armed conflict. A resolution thatestablishes a robust mechanism for monitoring andreporting on serious international crimes against

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children in armed conflicts and that contains provisionsfor the effective implementation of already-existingresolutions on the protection of children is sorelyneeded.

While mandates are essential, the ability to carrythem out is equally important. Although much progresshas been made in recent years, we still have a long wayto go in ensuring the effectiveness of integratedmissions.

The current reform process is an opportunity tocreate a more effective United Nations. We must seizethis opportunity. An integrated approach to theprotection of civilians in armed conflict must beimplemented in close conjunction with themainstreaming of human rights protection into thewhole United Nations system. The protection andpromotion of human rights is one of the three corefunctions of the United Nations. Norway fully supportsthe efforts to increase the focus on human rightsthroughout the United Nations system, and we supportthe idea of upgrading the Commission in HumanRights to a standing Human Rights Council. Thatwould reflect at the institutional level the centralposition of human rights in the United Nations system,alongside security and development. The HumanRights Council should have a strong mandate toaddress urgent human rights situations, as well as thenecessary resources so that it can respond to imminenthuman right violations.

The importance of placing human rights at thecore of policies aimed at addressing conflict wasunderlined most recently in the plan of action adoptedby the Office of the United Nations HighCommissioner for Human Rights. Norway supports theHigh Commissioner in her efforts to strengthen theoperational response capacity of her Office in conflict-prone zones.

We welcome the Secretary-General’s proposalsfor a more consistent approach to peacebuilding and toestablishing an interlocking system of peacekeepingcapacities between the United Nations and regionalorganizations. The setting up of a new PeacebuildingCommission could prove crucial in extending to post-conflict recovery the period of political attention at theinternational level. Time and again, we are reminded ofthe risk of post-conflict situations relapsing intoconflict situations. That means it is vital to establishsystems that will facilitate long-term commitment and

continuous vigilance by the international community,even after peace agreements have been concluded.

Adopting and applying the regulatory frameworkfor the protection of civilians is primarily theresponsibility of States. The international communitycannot, however, stand back and leave it to the State inquestion to close the accountability gap when grossatrocities are perpetrated.

Norway endorses the Secretary-General’s appealto embrace the principle of the “responsibility toprotect” as a norm for collective action in cases ofgenocide, ethnic cleansing and crimes againsthumanity. In situations of mass atrocity, and when allother means are exhausted, the Security Council hasthe responsibility to act without hesitation, withauthority, and in an effective way. We agree with therecommendation that the Security Council shouldadopt a resolution setting out principles for the use offorce that are built on international law and expressingits intention to be guided by them.

In conclusion, let me express our support formore systematic reporting to the Security Council tofacilitate its deliberations, as was suggested byMr. Egeland.

The President (spoke in French): The nextspeaker inscribed on my list is the representative ofCôte d’Ivoire, to whom I give the floor.

Mr. Djangoné-Bi (Côte d’Ivoire) (spoke inFrench): As this is my first statement to the Councilthis month, I would like to take this opportunity tocongratulate you, Sir, on your assumption of thepresidency of the Council for June, and to thank youfor having convened this meeting to consider onceagain the burning issue of the protection of civilians inarmed conflict.

We are grateful to the Secretary-General for histireless efforts over the past six years to keep theattention of Council members and the peoples of theworld focused on this issue. The tragedy of armedconflict today, the increase in the number of suchconflicts and the growing number of areas affected byconflict all make this a priority concern of the Council.

I would also like to thank the Under-Secretary-General for Humanitarian Affairs, Mr. Jan Egeland, forhis very clear introductory statement and for all thework that his Office is doing.

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Unwilling victims and pawns of armed conflict,civilians, all civilians — refugees and the repatriated,children, boys and girls, women and men, young andnot so young — are entitled to our protection: theprotection of our States, our peoples and thesubregional, regional and international organizations.In other words, we — States and peoples — have animperative and absolute duty, in solidarity and withoutregard to our national interests, to protect civiliansduring the conflicts that are ravaging our countries, ourregions, our world. That is an obligation that isprimarily humanitarian in nature but that also involvesprevention. Action must be taken promptly when thefailure of preventive measures has been demonstratedby the outbreak of conflict and its accompanying woesfor civilians.

This duty to protect, however, can be carried outonly with absolute and scrupulous respect for theCharter and relevant international rules: internationalhumanitarian law, human rights law, the rights ofpeoples, international agreements on cooperation anddefence among States and so forth.

In December 2004 (see S/PV.5100), the Under-Secretary-General for Humanitarian Affairs presentedto the Council the outline of a strengthened mechanismfor the monitoring and follow-up of reports, asrecommended by the Secretary-General. In doing so,he highlighted some continuing gaps in theimplementation of the 10-point plan of action thatformed the basis of resolutions 1265 (1999) and 1296(2000). At that time, he invited members of theCouncil to consider two major issues: regionalapproaches to protection and the relationship betweenprotection and peace processes.

Pending the likely adoption of the proposalsmade by the Secretary-General in his report containedin document A/59/2005 relating to strengthening theUnited Nations system in the area of the protection ofcivilians in armed conflict, those gaps will continue toexist. Those two issues — the regional approach toprotection and the relationship between protection andpeace processes — have not yet been studied or actedupon, and no corrective action has been taken,although they were considered by the Council duringthe first half of this year.

The case of Côte d’Ivoire is a sad illustration ofthe continuing weakness of the international system toprotect civilians in armed conflict. The recent carnage

in Duékoué, in western Côte d’Ivoire, demonstrateshow urgent it is that the Secretary-General’s proposalsto be considered and acted upon.

The Government of Côte d’Ivoire, which is actingon its duty to protect, has undertaken humanitarianaction and has sought to provide greater safety, to theextent that its resources allow. It has also carried outinvestigations to identify the suspected perpetrators ofthe events so as to bring them before the competentcourts.

The Government of Côte d’Ivoire is grateful tothe United Nations Operation in Côte d’Ivoire forhaving increased the number of troops in the affectedarea, and it hopes that, with the new nationalarrangements that the President of the Republicannounced in his address to the nation on Thursday,17 June, there will be greater complementarity andcooperation commensurate with the challenges.

Here, I would like to pay a well-deserved tributeto the Special Representative of the Secretary-General,Mr. Pierre Schori, whose professionalism and fairnessin seeking to achieve the speedy return of peace andstability to the country is appreciated by all Ivorians.

For victims living in the hell of conflict, and forall the people of Côte d’Ivoire, the best way to protecthuman lives, in particular civilians, involves theimmediate implementation of the disarmament,demobilization and reintegration process and theholding of elections in accordance with the timetableset out in the Constitution. In this context, inaccordance with the terms of the various agreementsconcluded, the disarmament, demobilization andreintegration process must absolutely begin on 27 June2005. The Council’s position on this basic issue willprovide decisive assistance for the mediation of theAfrican Union, which is currently under way, and willbe a real contribution to a lasting settlement to theconflict. Those who prosper in time of war are clearlynot interested the return of peace. The internationalcommunity must not let the country become hostage tosuch people.

The protection of civilians in armed conflictremains the primary responsibility of our States — weall agree about that. However, as the Secretary-Generalnotes in his report, “In larger freedom”, “In an era ofglobal interdependence, the glue of common interest, ifproperly perceived, should bind all States together in

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this cause, as should the impulses of our commonhumanity” (A/59/2005, para. 2).

It is such solidarity — generous, caring andeffective — that my delegation advocates so thatprompt and timely protection can be provided forcivilians in armed conflict.

The President (spoke in French): I give the floorto Mr. Egeland to make some final comments.

Mr. Egeland: I would like to make one or twoconcluding remarks. First, I would like to express howmuch we in the humanitarian community haveappreciated having had the opportunity once again toconvey to the Security Council our deep and profoundworries about the trend line, which is negative forcivilians in so many conflict situations. But I also thinkthat the debate today proves that there is hope. There isincreased attention to the situation of civilians inarmed conflict. There is increased action in manyplaces. We have more and better peacekeeping thanbefore. We have more and better humanitarian actionthan before. And I certainly think that we have moreand better human rights action than before.

But the counter-forces also seem to be stronger.At least we know much more now than we have knownever before about the extent, nature and gravity ofviolations against civilians, in particular violationsagainst the most vulnerable: women, children, thedisplaced, the elderly, the non-combatants.

Many members of the Security Council, and otherMember States, have underlined that we need to gofrom rhetoric to action. I very much agree with that.There is very widespread agreement now about whatshould be done and on what the goals are for ouractions. We now have to discuss what we should doconcretely in the field.

In my December 2004 introduction of the reportof the Secretary-General (S/2004/431) (see S/PV.5100)and in the report itself, I hope we were able to providea clear picture of the trends in each of the 10 areas ofthe 10-point programme we had presented in December2003 for the protection of civilians in armed conflict(see S/PV.4877). There are areas where we have madeprogress; there are areas where we are at a standstill;and there are areas where we are, unfortunately,regressing. Our aim should be to make progress in eachof the 10 areas.

I think we can also sharpen our tools by definingtrend lines. I believe it was the representative ofDenmark, among others, who mentioned theimportance of looking at our tools and at how they canbe made more effective.

I believe it was also the representative ofDenmark who mentioned the importance of includingwomen in decision-making. Here, I would like to referto resolution 1325 (2000), on women, peace andsecurity. The Division for the Advancement of Womenis reporting specifically on that important area.

For me, as Emergency Relief Coordinator, aparticularly important opportunity has arisen this yearin connection with the Secretary-General’s reformproposals and the upcoming summit, namely, makinghumanitarian and protection action more predictable.We are able to deploy large missions, largehumanitarian operations and a large humanitarianpresence in some areas of conflict, to the benefit ofsome populations caught in the crossfire and in endlessvicious circles of violence. Elsewhere, however, wetake very little action. There should be predictability ofaction according to needs, and not according topolitical or media attention or resource availability —as when we see some regions of the world getting moreattention and resources than others that seem to havebeen orphaned by the international community.

I would like to remind the Council that theSecretary-General has proposed both more predictablefunding, through a humanitarian fund that could inparticular focus on neglected and forgottenemergencies, as well as on jump-starting operations inareas similar to the crisis we saw in Darfur nearly twoyears ago, where all of us, donors and humanitarianagencies alike, were slow to act.

The second area where we will, it is hoped, seemore predictable action is in the area of response.Humanitarian agencies — United Nations agencies,non-governmental organizations and our colleaguesfrom the Red Cross and Red Crescent — are nowworking together to look into how to fill the gaps inour humanitarian-response capacity. We hope to comeup with a series of proposals this autumn to fill thosegaps.

I hope all of that will lead to us being able tomeet again in December and next June to have a morepositive picture of the situation of civilians in conflictthan the one that I was, unfortunately, obliged to

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present today. There is hope, but there is also a greatdeal of hard work left to do.

I thank the President and all the other members ofthe Security Council for their continued interest.

The President (spoke in French): I thankMr. Egeland for his comments.

Following consultations among members of theSecurity Council, I have been authorized to make thefollowing statement on behalf of the Council.

“The Security Council, recalling itsresolutions 1265 (1999) and 1296 (2000) as wellas statements made by its Presidents on theprotection of civilians in armed conflict,reiterates its commitment to address thewidespread impact of armed conflict on civilianpopulations.

“The Council reaffirms its strongcondemnation of the deliberate targeting ofcivilians or other protected persons in situationsof armed conflict, and calls upon all parties to putan end to such practices. It expresses in particularits deep concerns at the use of sexual violence asa weapon of war. It calls upon all States to put anend to impunity also in this regard.

“The Council is gravely concerned aboutlimited progress on the ground to ensure the

effective protection of civilians in situations ofarmed conflict. It stresses in particular the urgentneed for providing better physical protection fordisplaced populations as well as for othervulnerable groups, in particular women andchildren. Efforts should be focused in areas wherethese populations and groups are most at risk. Atthe same time, it considers that contributing tothe establishment of a secure environment for allvulnerable populations should be a key objectiveof peacekeeping operations.

“The Council invites, accordingly, theSecretary-General to include in his next reportrecommendations on ways to better address thepersisting and emerging protection challenges inthe evolving peacekeeping environment. Uponreceipt of this report, it expresses its intention totake further action to strengthen and enhance theprotection of civilians in armed conflictincluding, if necessary, a possible resolution inthis regard.”

That statement will be issued as a document of theSecurity Council under the symbol S/PRST/2005/25.

There are no further speakers on my list. TheSecurity Council has thus concluded the present stageof its consideration of the item on its agenda.

The meeting rose at 1.40 p.m.