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Mr President
Thank you for calling this open debate. New Zealand welcomes the latest report of the Secretary General on the Protection of Civilians in Armed Conflict, which provides an important stock take of developments and highlights challenges to the effective protection of civilians in contemporary conflict situations.
New Zealand is appalled by the number of civilians who continue to be the victims and targets in armed conflicts – from Darfur and Somalia in the Horn of Africa, to West Africa, Iraq, Afghanistan and the Middle East. It is a sad reality that the changed nature of contemporary conflicts has placed the safety and security of unarmed men, women and children at even greater risk.
In addition, the number of violent, and frequently fatal, attacks deliberately targeting humanitarian workers, most of whom are unarmed civilians participating in or supporting UN missions in the field, is simply intolerable. The safeguarding of humanitarian personnel remains a key challenge for the United Nations. Another concern for New Zealand is the rising number of journalists and media personnel killed or injured while reporting from areas of conflict.
The recognition in the report of the impact of armed conflict on older persons and persons with disabilities is strongly supported by New Zealand. As recognised in the Convention on the Rights of Persons with Disabilities, states must take all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situation of armed conflict.
Responsibility to Protect
New Zealand commends the steps taken to strengthen the normative framework for the protection of civilians. We welcomed the acceptance by leaders at the 2005 UN World Summit of the international responsibility “to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity” – including potentially through collective action under Chapter VII of the UN Charter. We were pleased by the reaffirmation of this language in Resolution 1674. Looking ahead, we continue to support further operationalisation of the concept. In this context, we welcome the move by the Secretary-General to appoint a Special Advisor on the Responsibility to Protect within the office of the SRSG on the Prevention of Mass Atrocities.
Security Council mandates
We also welcome efforts to provide a more active role for peacekeepers to protect civilians through the mandates of Security Council resolutions, for instance, in Resolution 1769 establishing the UN/AU Hybrid Mission for Darfur. We look forward to the joint study by the Office for the Co-ordination of Humanitarian Affairs (OCHA) which seeks to develop this work further.
Also critical is the provision of reliable data to the Security Council through monitoring and reporting so that the Council can develop targeted and effective strategies for civilian protection. OCHA field staff have already done some important work in tracking protection issues on the West Bank and Gaza.
Combating impunity
Despite some progress, much more needs to be done on combating impunity. We continue to be appalled at the high degree of impunity that has been allowed to exist, which sends the message that the international community is not prepared to take action even when fundamental human rights are breached.
New Zealand encourages members to provide their full support to the International Criminal Court by acceding to the Rome Statute. We also call on all UN Member States, especially States Parties to the Rome Statute, to cooperate fully with the Court. Universality and our full support are crucial if we are to end impunity for the perpetrators of the most serious crimes against civilians, such as those carried out in the Darfur region of Sudan where ICC arrest warrants remain outstanding. We urge Sudan to take measures to prevent further violations of human rights; ensure perpetrators are brought to justice in accordance with international law and facilitate assistance to vulnerable populations.
The denial of life-saving access to civilians in need
We recognise that the greatest challenge in protecting civilians, as identified in the report, is humanitarian access. Facilitating the passage of humanitarian relief for civilians is required by international humanitarian law. The increase in deliberate attacks on humanitarian workers as part of efforts to prevent such access is an abomination. For that reason, New Zealand strongly advocated the conclusion of an Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel. We signed the Optional Protocol in September last year and urges other States to do the same.
Perpetrators who deliberately prevent humanitarian access must be held accountable for their actions. Grave instances of denial of access, such as intentionally using starvation as a method of warfare, are war crimes and within the jurisdiction of the ICC. New Zealand strongly supports efforts aimed at raising awareness around serious access situations. The proposal for the Emergency Relief Coordinator to bring serious challenges to the attention of the Security Council is therefore a welcome initiative.
Sexual violence in armed conflict
The use of sexual violence as a method of warfare is completely abhorrent and cannot be allowed to continue. Rape and other forms of sexual violence may be war crimes or crimes against humanity and within the jurisdiction of the ICC. We note that earlier this year the ICC Prosecutor launched an investigation in the Central African Republic in relation to alleged offending that includes many serious sexual crimes.
New Zealand remains deeply concerned about acts of sexual exploitation and abuse by UN peacekeepers and other UN personnel. These acts constitute an appalling breach of trust by those charged with the responsibility of protecting vulnerable people. New Zealand welcomed the recent adoption by the General Assembly of amendments to the model Memorandum of Understanding with Troop Contributing Countries as one important part of the broader UN response to this issue.
Cluster munitions
We are also encouraged by the report’s focus on the importance of eliminating the humanitarian harm posed by cluster munitions. New Zealand is committed to working closely with others to ensure that this issue is addressed urgently. We believe that the negotiation of a treaty to deal with the problems caused by cluster mines is well overdue. New Zealand will be hosting a conference of the Oslo Process in Wellington in February 2008 to achieve that end.
Moving forward
In conclusion, we are strongly supportive of many of the practical concrete action points recommended in the report which we hope will be instrumental in developing the tools and strategies necessary to help address the significant challenges that remain.
Critical to the success of these actions will the ability to keep these issues at the forefront of the Council’s work.
Thank you.
