I have the honour to speak on behalf of the European Union. The Central and Eastern European countries associated with the European Union, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, and the associated countries, Cyprus, Malta, as well as the EFTA country member of the EEA, Iceland, align themselves with this statement.
Mr. President,
The European Union would like to thank the President of the Security Council for organising this debate today, and especially the interventions made by the Deputy Secretary-General Louise Fréchette and the High Commissioner for Human Rights Mary Robinson.
The European Union welcomes the Secretary-General's report on the protection of civilians in armed conflict and the recommendations therein which, together with the recommendations in the previous report, will provide a good basis for further action. At the same time, the Union regrets that so far only a few of the recommendations in the Secretary-General's first report on the same topic have been implemented.
The European Union fully supports the Secretary-General's conclusion on the need to create a "culture of protection", and stands ready to work together with the UN, its Member States, and other actors towards this aim. One important step forward in this process is of course to continue the work to create a "culture of prevention". The European Union looks forward to the Secretary-General's report on conflict prevention, due in May.
As pointed out by the Secretary-General in the report before us, the forms of conflict most prevalent in the world today are of a non-international character, involving a range of actors, and new mechanisms and strategies are required to deal with changed circumstances. The European Union agrees that the political and legal instruments that at present are available for the protection of civilians in armed conflict might need to be reviewed and updated, in order to better reflect this reality. However, it should be noted that there is no lack of rules to protect civilians in armed conflict, but a lack of effective implementation of the rules at hand. Therefore there is also a need to look at how implementation on the ground can be strengthened, as was pointed out in the previous report by the Secretary-General.
The European Union strongly agrees that internationally recognised standards of protection can be upheld only when they are given the force of law and when violators are regularly and reliably brought to justice. As the Secretary-General says in his report, courts are increasingly willing to send the message that nobody is above the law. National jurisdictions have a primary responsibility in this regard, and in some circumstances criminal proceedings can be effectively complemented by truth and reconciliation efforts. Nevertheless, there will always be a need for international efforts, to support national measures, and through the creation of international institutions. Crucial work is carried out by the ad hoc tribunals for Rwanda and former Yugoslavia, and the proposed special court for Sierra Leone and the serious crimes panel in East Timor deserve our continuous attention. In this context, we welcome the Indonesian commitment to set up an ad hoc human rights tribunal for the crimes perpetrated in East Timor and urges the Government of Indonesia to establish the court without delay. The adoption in 1998 of the Rome Statute for the International Criminal Court was a landmark in the fight against impunity. Now that the court will be operational in the foreseeable future, the European Union calls upon all states to sign and ratify the Rome Statute as soon as possible.
The safe and unimpeded access to those in need of assistance is of vital importance to render protection to civilians in armed conflict. Under international law, displaced persons and other victims of conflict are entitled to international protection and assistance where this is not available from national authorities. Where governments are prevented from reaching civilians, impartial actors must be allowed to carry out their humanitarian tasks.
The European Union fully agrees that access negotiations during a conflict must be understood as a humanitarian necessity. This is one of the basic humanitarian principles and a prerequisite for the protection of civilians.
The European Union therefore warmly welcomes the proposals on how these negotiations could be improved. The Union also supports the recommendation that the Security Council should conduct more frequent fact-finding missions to conflict areas, with a view, i.a. to obtaining safe access to vulnerable populations. Such missions also serve an important preventive function. At the same time, we believe that it should be the responsibility of humanitarian actors to identify specific requirements for humanitarian assistance.
The European Union would welcome a set of common ground rules, which would facilitate access. When negotiating for access in a conflict situation of a non-international character it is vital not only to have direct negotiations with the government concerned but also to engage in a dialogue with armed groups involved in the armed conflict. This dialogue is of a multi-purpose character. It should aim at ensuring access, guaranteeing the security of humanitarian operations in a conflict area and disseminating information on international humanitarian law and human rights law to armed groups.
The European Union fully supports the view that it is the responsibility of states to ensure the protection and the provision of relief and assistance to distressed and persecuted populations. Still, the complexity of the problem calls for effective measures to assist these states and enhance their own capacity to fulfil this responsibility. Such measures could be the early deployment of an international security presence, such as an international police force, or deployment of UN guards.
Governments as well as armed groups have responsibilities under international humanitarian law. All parties to a conflict of a non-international character are bound to comply with the customary rules in this field of law. The direct responsibility of armed groups under international humanitarian law should be emphasised by the Security Council. The Union will further continue to support efforts to disseminate information on international humanitarian law and human rights law to armed groups.
The European Union welcomes the Secretary-General's intention to ask the Inter Agency Standing Committee (IASC) to develop a "manual" of best practices for engagement with armed groups.
Internally displaced persons (IDPs) is a large group of civilians that need protection in times of armed conflict. The IASC's current work to improve the international response to the IDP's basic needs is therefore necessary.
Women and children are disproportionately represented among civilians affected by conflict. The European Union would like to emphasise the importance of the participation of women in peace operations and during negotiations of peace agreements. Women's roles in these efforts are still very much under-utilised. We also believe that the involvement of youth in peace efforts should be enhanced.
The European Union fully supports the recommendation that the Security Council make provision, as appropriate, for the regular integration in mission mandates of media monitoring mechanisms. The Union considers effective public information in peacekeeping operations and humanitarian operations important for their success. The local population in a conflict area must be made fully aware of the goals and responsibilities of the operation and must have easy access to reliable and objective information.
The rising number of casualties among UN personnel and humanitarian personnel, both local and international, is a cause for profound concern. Attacks against United Nations civilian and military personnel, as well as humanitarian personnel, cannot be tolerated.
The European Union welcomes the emphasis on the need to develop and strengthen partnership with regional and intergovernmental organisations, and to strengthen co-ordination and co-operation between the UN and non-governmental organisations. In this regard, the EU welcomes the new opportunities outlined in the report of the Secretary-General, in particular the use of information technology.
To conclude, the European Union believes that the Secretary-General has identified a comprehensive set of measures that, if implemented, could have a positive impact on civilians affected by armed conflict.
Thank you, Mr. President