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Mr President
In 1994, New Zealand was one of a number of Member States which brought this important issue to the attention of the General Assembly. The following year we were very pleased to join the consensus adoption of the Convention on the Safety of United Nations and Associated Personnel based on drafts initially put forward by New Zealand and Ukraine. That the Assembly was able to move so swiftly was a demonstration of the widespread recognition in this body of the importance of improving the legal protections for the men and women who serve on behalf of the Organisation.
At the time of the adoption of the original Convention, New Zealand was aware of the concern of the Secretariat and others about the scope of the Convention. We shared that concern but, like others, believed it better to proceed with what was possible at the time rather than lose momentum to this important endeavour. Since that time, however, New Zealand has been keen to build on the work carried out in the 1990s and to secure substantive expansion of the scope of legal protection for UN and associated personnel.
Four years ago, during the 56th session of the General Assembly, New Zealand led a group of States that sought inclusion of item 83 on the agenda of the Sixth Committee. Since that time, the working group of the Sixth Committee has worked hard to develop a new text to supplement the Convention. Earlier in the session, our leaders, in the Outcome Document of the World Summit, stressed the need to complete that work this session.
We are very pleased today that, in fulfilment of the Summit call, the Assembly has been able to adopt the new Optional Protocol to the 1994 Convention on the Safety of United Nations and Associated Personnel by consensus.
Throughout the negotiation process New Zealand has worked closely with those others most interested in the final text of the Optional Protocol. New Zealand is well aware of the substantial flexibility required from us all to achieve the successful outcome we have in front of us today.
New Zealand considers that the unity achieved on the text of the Optional Protocol can be attributed to Member States’ shared commitment to acting in the face of rising statistics of attacks against UN and associated personnel. In 2004, there were 120 cases of assault recorded against UN personnel. In 2005, the number was 407. In 2004 there were 2 incidents of UN personnel being taken hostage. In 2005 there were 20 such incidents. Clearly we must do more to protect our Organization’s personnel.
One factor assisting negotiations on the Optional Protocol was Member States’ unanimous agreement on the need to avoid the trigger mechanism of a declaration of exceptional risk. Instead, the Committee aimed to expand legal protection for UN and associated personnel through a new instrument that could be applied automatically.
Although New Zealand, among others, would have preferred to extend the protections of the Convention to all United Nations and associated personnel, it was agreed that the Protocol would apply the Convention automatically to two new categories of UN operations peacebuilding operations and emergency humanitarian assistance operations.
New Zealand understands peacebuilding to encompass all political, development and humanitarian activities aimed at preventing the outbreak, continuation or recurrence of conflict. New Zealand will continue to work within the United Nations on a collective, wide understanding of peacebuilding, that recognises the need for early identification of situations where peacebuilding is required, and that includes the consent and cooperation of the Government concerned, where one exists. This approach to the scope of peacebuilding is consistent with the statement by the President of the Security Council of 20 February 2001 (PRST/2001/5).
Humanitarian assistance operations respond to human need in life-threatening situations. The risk arising in such circumstances that give rise to humanitarian emergencies is self-evident and clearly demonstrated by recent experience. While New Zealand is ready to recognise the theoretical potential that a natural disaster may occur in the most stable of environments where no particular risk is faced by UN and associated personnel engaged in the humanitarian response, New Zealand considers that, in real terms, scenarios where the legal protections offered by the Convention and the Protocol are unwarranted will be exceptional.
New Zealand wishes to thank the Chair of the Working Group, Ambassador Christian Wenaweser of Liechtenstein, for his leadership and enduring commitment to the goal of a new Protocol that more adequately reflects the range of operations conducted under United Nations authority today.
New Zealand considers that the long-awaited adoption of the Optional Protocol to the 1994 Convention is a significant achievement, the importance of which was recognised by World Leaders in the World Summit Outcomes document. We hope that the consensus adoption of this new legal instrument will open the door for many more States to ratify the Convention, and at the same time, the Optional Protocol.
Thank you Mr President.
