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23 April 2001
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New York, 23 April 2001
UN Security Council Presentation of Report of the United Nations
Secretary-General on Protection of Civilians in Armed Conflicts
Statement by Mary Robinson
United Nations High Commissioner for Human Rights
Mr. President,
Ladies and Gentlemen,
In recent years, the Security Council has broken new ground in its efforts to implement the Charter’s blueprint for the maintenance of international peace and security. It would be fair to say that the security concepts and the strategies and methods of the Council have taken on a distinctly more people-oriented focus grounded in the norms of international law as well as of human rights and humanitarian law. I applaud and encourage this development.
The Secretary-General, in a series of reports, has led the quest for the plight of the victims of conflicts and of gross violations of human rights to feature more prominently in the deliberations of United Nations organs, including this Council. The international community owes a debt of gratitude to him for the leadership he has provided. In the current report he invites this Council to find the path-breaking steps to enable it to implement recommendations for the protection of civilians in armed conflict.
This is the second time that I have had the honour of appearing before this Council, and I should like to thank the Members for giving me these opportunities to place before you normative considerations and sources of information in the human rights area that I believe are important for the protection of civilians in armed conflict.
Throughout the world, civilians caught in armed conflict look to the United Nations to protect their rights as well as their needs. They expect us not only to provide them with emergency food and shelter, but also to protect them from further attacks on their lives, dignity and basic humanity. They expect us to assist them during the harsh days when they are most vulnerable and insecure. They expect us to help them in returning to their homes and families, in bringing to justice those who are responsible for international crimes, in knowing the fate of their beloved ones, and in rebuilding their societies so that they can have the chance to live in peace.
In the recommendations in his earlier report, the Secretary-General invited the Council to consider factors such as the scope of the breaches of human rights and international humanitarian law, including the numbers of people affected and the nature of the violations. He also suggested that the Council have regard to the limited and proportionate use of force, with attention to repercussions upon civilian populations and the environment.
As the Secretary-General indicates in the current report, these are matters of ongoing discussion among Member States. I believe that the following normative and factual sources would be relevant to the deliberations and approaches of the Council in the future.
I. Human rights standards which may not be derogated from in any circumstances.
International human rights law insists on standards of protection that are applicable in all times, places and circumstances. There is a rich jurisprudence and practice in the human rights area that I believe should be an essential point of departure for the Council in judging the acceptability or unacceptability of behaviour of combatants, States and non-State actors during conflicts, internal or international.
Tackling impunity at all stages of conflict is an essential component in ensuring that fundamental human rights standards are maintained. I wholeheartedly support the Secretary-General’s recommendations on this topic. Ending impunity for genocide, war crimes, and crimes against humanity, whether committed by State agents or non-State actors, is obviously an important objective for the international community. The report calls on the General Assembly and the Security Council to provide support for tribunals and other arrangements designed to bring individual perpetrators to justice. On several occasions, particularly with regard to the conflicts in the Former Yugoslavia and Rwanda, the Security Council has demonstrated that it will not tolerate impunity for acts that offend the conscience of humankind. Those who commit or contemplate committing gross human rights violations, wherever they are, should be left in no doubt that they will be held accountable for their actions.
OHCHR has deployed a great deal of effort to help combat impunity in a number of situations including in Sierra Leone and East Timor. The experience that we are developing in the human rights area, including advising on the establishment of international courts and on Truth and Reconciliation Commissions, represents an important pool of practice for this Council.
II. Human rights fact-finding during situations of armed conflicts
Establishing the facts can play a crucial part in the protection of civilians in armed conflicts. In a number of recent instances, including in relation to Afghanistan, Kosovo, East Timor and Sierra Leone, human rights fact-finding missions have taken place. Reports of such missions should be available to the Council.
Allow me in this regard to cite a case on which I reported to the Commission on Human Rights only last week. At the request of the Commission on Human Rights, my Office, in cooperation with UNICEF and the Office of the Special Representative of the Secretary-General for Children and Armed Conflict, undertook an assessment of the situation on the ground into the issue of the abduction of children in northern Uganda. In the preliminary report I submitted to the Commission on Human Rights last Thursday, I reported that there were about 26,365 cases of abduction of civilians carried out by the Lord’s Resistance Army (LRA) in northern Uganda, a third of whom were children under the age of 18, and a fifth of whom were female. I informed the Commission of the system of terror perpetrated by the LRA and offered a number of recommendations based on the work of the mission. The report of the mission is being drafted and will be published as a document of the Commission on Human Rights. I am confident that Members of the Council would be interested in this source of information and of assessment.
III. The Commission on Human Rights’ consideration of gross violations of human rights during armed conflicts
In recent years, the Commission on Human Rights has considered and adopted resolutions intended to help stop and prevent gross violations of human rights during conflict situations. The efforts of the Commission are complementary to those of the Security Council and usually entail recourse to one or more of the following methods: the gathering of information, the dispatch of fact-finding missions, public debates, the adoption of resolutions expressing concern and offering recommendations, extension of good offices, and offers of technical cooperation and assistance. My Office would be happy to brief members of the Council on what the Commission on Human Rights is doing in relation to such situations.
IV. Human rights mechanisms
I welcome the fact that the Security Council is increasingly looking to and drawing on the expertise of the Special Mechanisms of the Commission on Human Rights. At the present time, the Commission has 14 country rapporteurs and 21 thematic rapporteurs. The efforts of the Special Representative of the Secretary-General on Internally-Displaced Persons are of direct relevance to this debate in the Council on the protection of civilians.
One key challenge during conflict is gaining access to the vulnerable populations. We often think of this access in terms of the delivery of humanitarian needs. But to many victims of armed conflict, a meaningful access also means breaking the cycle of secrecy and suffering; it means that the plight of victims is brought into light. The United Nations human rights mechanisms provide the means for doing just that – yet these mechanisms are often denied access to situations of conflict. This means that victims are often denied the right to be heard.
I consider the reports of country rapporteurs and thematic rapporteurs to be an indispensable information base for the efforts of this Council and of other United Nations bodies to strengthen conflict prevention in the United Nations. I believe that it is of the utmost importance that this Council is provided regularly with briefings on the information available in the reports of these mechanisms of the Commission.
I also draw the Council’s attention to the role of the human rights treaty bodies and their increasing capacity to take urgent action.
V. OHCHR Field Offices
OHCHR has field offices in a number of situations of recent or ongoing conflicts, including in Burundi, Colombia and Cambodia. Field offices such as these are blazing a new path in the protection of civilians in armed conflict and in the defence of human rights and humanitarian law generally. We have given special attention to the gender perspective and to protecting women against trafficking and have been attentive to the HIV/AIDS problem in such situations.
To give a specific example of the work these field offices do: in the Democratic Republic of the Congo, our office works with MONUC, gathers information about allegations of violations of human rights, reports these to me and through me to our colleagues in other parts of the United Nations, and generally offers its advice and support to the Government for the pursuit of national plans and the establishment or strengthening of national institutions for the promotion and the protection of human rights.
In addition to the field offices that we ourselves have established, we have also helped establish and steer human rights components in a growing number of United Nations peace operations. We recognise the significance for our work of the human rights component of these mandates. These operations should receive the political, financial and administrative support they need and deserve.
VI. Human rights in conflict prevention, peace-making, peace-keeping and peace-building
Finally, I would point out that, as part of the reforms instituted by the Secretary-General, human rights are becoming more and more integrated into efforts for conflict prevention, peace-making, peace-keeping and peace-building. This developing experience will undoubtedly be of interest to the Council, and it would be important that it be briefed periodically on significant developments. My Office will be more than happy to do this.
Mr. President,
I would like to finish by commenting on several other areas of particular focus in the Secretary-General’s Report:
- The Secretary-General appropriately emphasises combating hate speech as a measure to enhance protection. The media can play a formidable role in promoting diversity and respect for others. It is unfortunate that the same technology is sometimes used to stir up hatred and violence. But let us consider why this is the case. The protection of civilians indeed requires us to address the root causes of conflict, which are frequently not only old and deep, but often include ethnic and racial elements. Societies in conflict often devote their energy to dehumanising and excluding those that are perceived to be different. The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which will take place from 31 August to 7 September 2001, in Durban South Africa, will provide the international community with an invaluable opportunity to set up a strategy to combat the ugliness of racism in all its forms. Part of protection means adopting a strategy to ensure that racism is tackled before it forms an organizing principle in armed conflict.
- The emphasis placed in the Report on the role of human rights defenders is welcome. Human rights defenders often represent a first point of contact for civilians in armed conflict. Their voices enable us to understand the plight of those we are seeking to protect. The Special Representative of the Secretary-General on Human Rights Defenders presented her first report to the Commission on Human Rights last week and outlined her proposed plan of work.
- I see great merit in proposals for a focal point for civilians in peacekeeping missions and for increased emphasis on protection in peacekeeping mandates.
- The need for adequate regional responses to conflict situations is something I wholeheartedly endorse. I have appointed advisers in each of the regions to promote a stronger regional approach to the protection of human rights.
- My Office is acutely aware of the fact that, as the Report puts it, 'corporate royalties have continued to fuel wars.' The UN has a key role to play in promoting responsible behaviour by business in crisis areas. My Office is committed to supporting efforts by corporations to analyse the potential impacts of their presence in zones of conflict and to ensure that systems are in place to avoid unintended consequences of their operations which may result in human rights abuses.
In making this presentation, I have heeded the advice given to me to provide to the Council practical insights from our normative and information sources that might be helpful to the Council in its quest for the protection of civilians in armed conflicts. From the examples I have placed before you, it will be seen that the efforts of this Council for the protection of civilians in armed conflict are supported by the endeavours of different parts of the United Nations system.
I thank the Council once again for giving me this opportunity to address you on this important topic.
* *** *
UN Security Council Presentation of Report of the United Nations
Secretary-General on Protection of Civilians in Armed Conflicts
Statement by Mary Robinson
United Nations High Commissioner for Human Rights
Mr. President,
Ladies and Gentlemen,
In recent years, the Security Council has broken new ground in its efforts to implement the Charter’s blueprint for the maintenance of international peace and security. It would be fair to say that the security concepts and the strategies and methods of the Council have taken on a distinctly more people-oriented focus grounded in the norms of international law as well as of human rights and humanitarian law. I applaud and encourage this development.
The Secretary-General, in a series of reports, has led the quest for the plight of the victims of conflicts and of gross violations of human rights to feature more prominently in the deliberations of United Nations organs, including this Council. The international community owes a debt of gratitude to him for the leadership he has provided. In the current report he invites this Council to find the path-breaking steps to enable it to implement recommendations for the protection of civilians in armed conflict.
This is the second time that I have had the honour of appearing before this Council, and I should like to thank the Members for giving me these opportunities to place before you normative considerations and sources of information in the human rights area that I believe are important for the protection of civilians in armed conflict.
Throughout the world, civilians caught in armed conflict look to the United Nations to protect their rights as well as their needs. They expect us not only to provide them with emergency food and shelter, but also to protect them from further attacks on their lives, dignity and basic humanity. They expect us to assist them during the harsh days when they are most vulnerable and insecure. They expect us to help them in returning to their homes and families, in bringing to justice those who are responsible for international crimes, in knowing the fate of their beloved ones, and in rebuilding their societies so that they can have the chance to live in peace.
In the recommendations in his earlier report, the Secretary-General invited the Council to consider factors such as the scope of the breaches of human rights and international humanitarian law, including the numbers of people affected and the nature of the violations. He also suggested that the Council have regard to the limited and proportionate use of force, with attention to repercussions upon civilian populations and the environment.
As the Secretary-General indicates in the current report, these are matters of ongoing discussion among Member States. I believe that the following normative and factual sources would be relevant to the deliberations and approaches of the Council in the future.
I. Human rights standards which may not be derogated from in any circumstances.
International human rights law insists on standards of protection that are applicable in all times, places and circumstances. There is a rich jurisprudence and practice in the human rights area that I believe should be an essential point of departure for the Council in judging the acceptability or unacceptability of behaviour of combatants, States and non-State actors during conflicts, internal or international.
Tackling impunity at all stages of conflict is an essential component in ensuring that fundamental human rights standards are maintained. I wholeheartedly support the Secretary-General’s recommendations on this topic. Ending impunity for genocide, war crimes, and crimes against humanity, whether committed by State agents or non-State actors, is obviously an important objective for the international community. The report calls on the General Assembly and the Security Council to provide support for tribunals and other arrangements designed to bring individual perpetrators to justice. On several occasions, particularly with regard to the conflicts in the Former Yugoslavia and Rwanda, the Security Council has demonstrated that it will not tolerate impunity for acts that offend the conscience of humankind. Those who commit or contemplate committing gross human rights violations, wherever they are, should be left in no doubt that they will be held accountable for their actions.
OHCHR has deployed a great deal of effort to help combat impunity in a number of situations including in Sierra Leone and East Timor. The experience that we are developing in the human rights area, including advising on the establishment of international courts and on Truth and Reconciliation Commissions, represents an important pool of practice for this Council.
II. Human rights fact-finding during situations of armed conflicts
Establishing the facts can play a crucial part in the protection of civilians in armed conflicts. In a number of recent instances, including in relation to Afghanistan, Kosovo, East Timor and Sierra Leone, human rights fact-finding missions have taken place. Reports of such missions should be available to the Council.
Allow me in this regard to cite a case on which I reported to the Commission on Human Rights only last week. At the request of the Commission on Human Rights, my Office, in cooperation with UNICEF and the Office of the Special Representative of the Secretary-General for Children and Armed Conflict, undertook an assessment of the situation on the ground into the issue of the abduction of children in northern Uganda. In the preliminary report I submitted to the Commission on Human Rights last Thursday, I reported that there were about 26,365 cases of abduction of civilians carried out by the Lord’s Resistance Army (LRA) in northern Uganda, a third of whom were children under the age of 18, and a fifth of whom were female. I informed the Commission of the system of terror perpetrated by the LRA and offered a number of recommendations based on the work of the mission. The report of the mission is being drafted and will be published as a document of the Commission on Human Rights. I am confident that Members of the Council would be interested in this source of information and of assessment.
III. The Commission on Human Rights’ consideration of gross violations of human rights during armed conflicts
In recent years, the Commission on Human Rights has considered and adopted resolutions intended to help stop and prevent gross violations of human rights during conflict situations. The efforts of the Commission are complementary to those of the Security Council and usually entail recourse to one or more of the following methods: the gathering of information, the dispatch of fact-finding missions, public debates, the adoption of resolutions expressing concern and offering recommendations, extension of good offices, and offers of technical cooperation and assistance. My Office would be happy to brief members of the Council on what the Commission on Human Rights is doing in relation to such situations.
IV. Human rights mechanisms
I welcome the fact that the Security Council is increasingly looking to and drawing on the expertise of the Special Mechanisms of the Commission on Human Rights. At the present time, the Commission has 14 country rapporteurs and 21 thematic rapporteurs. The efforts of the Special Representative of the Secretary-General on Internally-Displaced Persons are of direct relevance to this debate in the Council on the protection of civilians.
One key challenge during conflict is gaining access to the vulnerable populations. We often think of this access in terms of the delivery of humanitarian needs. But to many victims of armed conflict, a meaningful access also means breaking the cycle of secrecy and suffering; it means that the plight of victims is brought into light. The United Nations human rights mechanisms provide the means for doing just that – yet these mechanisms are often denied access to situations of conflict. This means that victims are often denied the right to be heard.
I consider the reports of country rapporteurs and thematic rapporteurs to be an indispensable information base for the efforts of this Council and of other United Nations bodies to strengthen conflict prevention in the United Nations. I believe that it is of the utmost importance that this Council is provided regularly with briefings on the information available in the reports of these mechanisms of the Commission.
I also draw the Council’s attention to the role of the human rights treaty bodies and their increasing capacity to take urgent action.
V. OHCHR Field Offices
OHCHR has field offices in a number of situations of recent or ongoing conflicts, including in Burundi, Colombia and Cambodia. Field offices such as these are blazing a new path in the protection of civilians in armed conflict and in the defence of human rights and humanitarian law generally. We have given special attention to the gender perspective and to protecting women against trafficking and have been attentive to the HIV/AIDS problem in such situations.
To give a specific example of the work these field offices do: in the Democratic Republic of the Congo, our office works with MONUC, gathers information about allegations of violations of human rights, reports these to me and through me to our colleagues in other parts of the United Nations, and generally offers its advice and support to the Government for the pursuit of national plans and the establishment or strengthening of national institutions for the promotion and the protection of human rights.
In addition to the field offices that we ourselves have established, we have also helped establish and steer human rights components in a growing number of United Nations peace operations. We recognise the significance for our work of the human rights component of these mandates. These operations should receive the political, financial and administrative support they need and deserve.
VI. Human rights in conflict prevention, peace-making, peace-keeping and peace-building
Finally, I would point out that, as part of the reforms instituted by the Secretary-General, human rights are becoming more and more integrated into efforts for conflict prevention, peace-making, peace-keeping and peace-building. This developing experience will undoubtedly be of interest to the Council, and it would be important that it be briefed periodically on significant developments. My Office will be more than happy to do this.
Mr. President,
I would like to finish by commenting on several other areas of particular focus in the Secretary-General’s Report:
- The Secretary-General appropriately emphasises combating hate speech as a measure to enhance protection. The media can play a formidable role in promoting diversity and respect for others. It is unfortunate that the same technology is sometimes used to stir up hatred and violence. But let us consider why this is the case. The protection of civilians indeed requires us to address the root causes of conflict, which are frequently not only old and deep, but often include ethnic and racial elements. Societies in conflict often devote their energy to dehumanising and excluding those that are perceived to be different. The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which will take place from 31 August to 7 September 2001, in Durban South Africa, will provide the international community with an invaluable opportunity to set up a strategy to combat the ugliness of racism in all its forms. Part of protection means adopting a strategy to ensure that racism is tackled before it forms an organizing principle in armed conflict.
- The emphasis placed in the Report on the role of human rights defenders is welcome. Human rights defenders often represent a first point of contact for civilians in armed conflict. Their voices enable us to understand the plight of those we are seeking to protect. The Special Representative of the Secretary-General on Human Rights Defenders presented her first report to the Commission on Human Rights last week and outlined her proposed plan of work.
- I see great merit in proposals for a focal point for civilians in peacekeeping missions and for increased emphasis on protection in peacekeeping mandates.
- The need for adequate regional responses to conflict situations is something I wholeheartedly endorse. I have appointed advisers in each of the regions to promote a stronger regional approach to the protection of human rights.
- My Office is acutely aware of the fact that, as the Report puts it, 'corporate royalties have continued to fuel wars.' The UN has a key role to play in promoting responsible behaviour by business in crisis areas. My Office is committed to supporting efforts by corporations to analyse the potential impacts of their presence in zones of conflict and to ensure that systems are in place to avoid unintended consequences of their operations which may result in human rights abuses.
In making this presentation, I have heeded the advice given to me to provide to the Council practical insights from our normative and information sources that might be helpful to the Council in its quest for the protection of civilians in armed conflicts. From the examples I have placed before you, it will be seen that the efforts of this Council for the protection of civilians in armed conflict are supported by the endeavours of different parts of the United Nations system.
I thank the Council once again for giving me this opportunity to address you on this important topic.
* *** *