Address to the Security Council on Resolution 1325: Women, peace and security by Ms. Louise Arbour UN High Commissioner for Human Rights

28 October 2004, New York

Secretary General,
Mr. President, distinguished members of the Security Council,

A few weeks ago, I briefed you on the situation in Darfur. On that occasion, I drew your attention to the plight of women and the many atrocities that they have suffered with little immediate hope of bringing the perpetrators to justice. The very purpose of resolution 1325 is to address the needs of women and girls in crises such as Darfur. While progress has been made in implementing this resolution, I Darfur is not the only conflict today where women continue to be subject to grave human rights violations, to be excluded from reconstruction efforts, and to be refused access to justice.

Therefore, I welcome the Security Council’s willingness to engage in the promotion and protection of women's rights in conflict situations.

Women do not seek a special kind of justice. However, historically they have been and continue to be on the receiving end of a special kind of oppression and abuse. This is particularly so in times of conflict when the rule of force obliterates the rule of law.

Protection, recognition of sexual and gender-based violence (SGBV) and mechanisms for accountability

Conflict exacerbates gender based violence and the likelihood of impunity that perpetrators commonly enjoy. Over the last twenty years, there has been increased international recognition of the seriousness of gender-based violence and a growing international commitment to ensure accountability and redress. Following the systematic sexual violence associated with the conflicts in the former Yugoslavia and Rwanda, precise legal standards were developed through the jurisprudence of the ICTY and the ICTR to confirm that such practices may amount to war crimes, crimes against humanity, and acts of genocide. These standards are now reflected in the Statute of the International Criminal Court (ICC).

The violations women experience will never be dealt with appropriately until justice issues receive sufficient attention both nationally and internationally. For too long, consultation with women has been inadequate. Stereotypes and prejudices have unfairly stigmatized women victims.

The international community and national governments must address more effectively impunity and the re-construction of justice systems. The pressure for political agreement to resolve a conflict too often leads to a reluctance to bring perpetrators to justice. Reconstruction of effective justice systems rarely receives the financial support that goes to deliver humanitarian assistance or even to rebuild physical and economic infrastructure. Support for the establishment of any justice system should involve women and should include gender-sensitive procedures.

Women are invariably excluded from formal decision-making processes and peace negotiations. Yet their vision and contribution must be sustained since without their full participation, efforts to reconstruct war-torn societies will be fundamentally flawed.

Trafficking and sexual exploitation in peace-keeping operations

In that context, we are now confronted with an invidious practice the scale of which has yet to be fully acknowledged and effectively addressed. Human trafficking makes women in situations of conflict, displaced and refugee women, and asylum seekers particularly vulnerable. Life-threatening situations in the wake of conflict, including in refugee camps where protection is not always guaranteed, drive women and girls to seek alternatives for survival where they risk falling into the hands of traffickers who promise safe environments and job opportunities. It is, therefore, vital to develop and implement anti-trafficking strategies that place the rights of the victims at their center.

Above all, there can be no tolerance for sexual exploitation of vulnerable populations by those entrusted with their safety, whether peacekeepers, humanitarian personnel or other international staff. The Secretary-General has clearly set out the responsibility of senior managers, and of every staff member in the UN, to ensure that the presence of international organizations does not allow, encourage, or lead to involvement in such human rights violations. Sexual predatory practice by international “interveners” cannot just be condemned as the isolated, deplorable actions of a few “bad apples”. The sexual exploitation of vulnerable women and children is a crime compounded by the gross abuse of power involved in its perpetration and for which we must collectively take responsibility.

The initiatives taken by the Secretary-General in this regard will go a long way to bringing clarity to the duties and obligations of all those involved in field operations on behalf of the United Nations. His efforts will no doubt ensure greater accountability. In addition, I urge the Council to engage actively on this issue with troop contributing countries, insisting that undertakings be given that impunity will not be tolerated.

Recommendations
On the fourth anniversary of the adoption of Security Council resolution 1325, I call upon the Council to provide explicitly, wherever relevant, for compliance with all aspects of resolution 1325. This should emphasize, in particular, the obligations:

· To protect women and girls during conflict;
· To ensure the equal participation of women in peace negotiations, as well as conflict prevention; and
· To ensure access to justice for women;
· To integrate a gender perspective into all peacekeeping and humanitarian activities.

I urge the Council to combat impunity for gender-based violence by advocating training of security forces and law enforcement agencies in accordance with international humanitarian law and human rights law, and in particular, women’s rights.

I also urge the Council to ensure that all future mechanisms for transitional justice created by the Council build on existing norms and standards and:

· Include judges and advisers with legal expertise on women’s rights;
· Ensure that prosecutors respect the interests and personal circumstances of women and girl victims and witnesses; and
· Take into account the special nature of gender-based crimes.

Finally, I would urge the Security Council to use all its influence to generate the political will, as well as the financial support, to protect women’s rights and ensure women’s access to justice, including through the rebuilding of a justice sector responsive to their needs.

The women and young girls in the camps in Darfur are putting themselves at considerable risk to collect firewood, which not only provides them with cooking fuel but also allows trading opportunities upon which they can build a modest sense of autonomy and empowerment. In my view, their efforts will contribute to the reconstruction of their devastated country in no smaller measure than the attempts being made by the men engaged in political negotiations in Naivasha and Abuja. They should be supported accordingly.

Thank you.