15 March 2002
UN Security Concil
Presidential Statement (S/PRST/2002/6)
“The Security Council recalls its resolutions 1265 (1999) of 17 September 1999
and 1296 (2000) of 19 April 2000 on the protection of civilians in armed
conflict and the letter of 21 June 2001 from the President of the Security
Council to the Secretary-General on the protection of civilians in armed
conflict (S/2001/614).
“The Security Council reaffirms its concern at the hardships borne by
civilians during armed conflict, and recognizes the consequent impact this has
on durable peace, reconciliation and development, bearing in mind its primary
responsibility under the Charter of the United Nations for the maintenance of
international peace and security, and underlining the importance of taking
measures aimed at conflict prevention and resolution.
“Having considered the reports of the Secretary-General of 8 September
1999 (S/1999/957) and of 30 March 2001 (S/2001/331) on the Protection of
Civilians in Armed Conflict and welcoming the close cooperation with the
Secretary-General in preparing the Aide Memoire attached to this statement, the
Security Council adopts the Aide Memoire contained in the annex to the
presidential statement as a means to facilitate its consideration of issues
pertaining to protection of civilians. The
Council further emphasizes the need, when considering ways to provide for the
protection of civilians in armed conflict, to proceed on a case-by-case basis,
taking into account particular circumstances.
“The Security Council will review and update the contents of the Aide Memoire as appropriate, and will remain actively seized of the matter.”
Aide
Memoire
for
the consideration of issues pertaining to the protection of civilians during
the Security Council’s deliberation of peacekeeping mandates
In
the letter dated 21 June 2001 from the President of the Security Council
addressed to the Secretary-General (S/2001/614), the members of the Security
Council welcomed the Secretary-General's report of 30 March 2001 (S/2001/331)
on the protection of civilians in armed conflict, and were of the view that
further advice of the Secretary-General would be useful in the Council's
consideration of the issues contained in the report.
In order to facilitate due consideration, whenever appropriate, of issues pertaining to the protection of civilians in its deliberations on the establishment, change, or close of peacekeeping operations, the members of the Council suggested that an aide memoire listing those issues that are relevant in this regard be drafted in close cooperation with the Council.
This aide memoire is the result of an inter-active consultation between the Security Council and the Secretariat, and comprises the experiences of a wide range of agencies within the United Nations, including the Inter Agency Standing Committee (IASC). The document is based on the Council's previous consideration of these issues, including resolutions 1265 (1999) and 1296 (2000). It highlights primary objectives for Security Council action, offers specific issues for consideration in meeting those objectives, as well as listing previous Security Council resolutions and presidential statements which make reference to such concerns.
Bearing in mind that each peacekeeping mandate has to be designed on a case-by-case basis, the document is not intended as a blueprint. The relevance and practicality of each issue described has to be considered and adapted to the specific conditions in each situation. As highlighted in the Secretary-General's report "No Exit Without Strategy" (S/2001/394), the Security Council should reach agreement on clear and achievable mandates for peace operations based on a common understanding of the conflict. In this respect, mobilization, from the outset, of necessary funding and adequate resources needs to be an integrated part of the Security Council's overall consideration.
Most frequently civilians are caught in circumstances of dire need where a peacekeeping operation has not been established. Such situations may require the urgent attention by the Council. This aide memoire may therefore also provide guidance in circumstances where the Council may wish to consider action outside the scope of a peacekeeping operation.
As a practical tool, the aide
memoire is without prejudice to the
provisions of Security Council resolutions and other decisions by the Council.
The document can be regularly updated to reflect the latest concerns
pertaining to the protection of civilians in armed conflict, including new
trends and measures to address them.
| PRIMARY OBJECTIVES | ISSUES FOR CONSIDERATION | PRECENDENTS |
| Access to Vulnerable Populations | ||
| Facilitate
safe and unimpeded access |
Appropriate
security arrangements (e.g. role of multinational force; safe
corridors; protected areas; armed escorts).
Engagement in sustained dialogue with all Parties to the armed conflict. Facilitate the delivery of humanitarian assistance. Safety and security of humanitarian and associated personnel. Compliance with obligations under relevant international humanitarian, human rights law and refugee law. |
S/RES/1379(2001),
OP5 SRES/1296(2000), OP8,
15 S/RES/1286(2000), OP9 S/RES/1314(2000), OP14 S/RES/1264(1999), OP2 S/RES/1265(1999), OP 4, 7 & 10 S/RES/1270(1999), OP2 S/RES/1272(1999), OP11 S/RES/1279(1999), OP2, 5(a & e) S/PRST/2000/4 |
| Separation of Civilians and Armed Elements | ||
| Maintain
the humanitarian and civilian character of camps for refugees and
internally displaced persons. |
Ensure
cooperation with host State in provision of security measures,
including through technical assistance and training. Provision of external and internal security for camps, including screening procedures to identify armed elements, disarmament measures, assistance from international civilian police and/or military observers. Regional approach to massive population displacement, including appropriate security arrangements. Location of camps at a significant distance from international borders and risk zones. Deployment of multi-disciplinary assessment and security evaluation teams. |
S/RES/1296(2000),
OP12, 14 |
| Justice
and Reconciliation |
||
| 1.
Put an end to impunity for those responsible for serious violations of
international humanitarian, human rights and criminal law.
2.
Build confidence and enhance stability within the host State by
promoting truth and reconciliation. |
Establishment and use of effective arrangements for investigating and prosecuting serious violations of humanitarian and criminal law, at the local and/or international level (from the outset of the operation). Cooperation of States for the apprehension and surrender of alleged perpetrators. Technical assistance to strengthen local capacities for apprehension, investigation, and prosecution of alleged perpetrators. Exclude genocide, crimes against humanity and war crimes from amnesty provisions. Referral of situations, where possible and appropriate, to international tribunals. Request
that troop-contributing
States investigate and prosecute, when appropriate, their peacekeepers
and security personnel suspected of violating criminal law while in a
host State. Locally adapted arrangements for truth and reconciliation (technical assistance; funding; amnesties for lower level perpetrators). Measures
for restitution and reparations (trust funds; property commissions). |
S/RES/1379(2001),
OP9a |
| Security, Law and Order | ||
| Strengthen the capacity of local police and judicial systems to enforce law and order. | Deployment
of international civilian police to assist host State with law
enforcement. Technical
assistance for local police, judiciary and penitentiaries (mentoring;
legislative drafting; integration of international personnel). Reconstruction
and rehabilitation of institutional infrastructure (salaries;
buildings; communications). Mechanisms
for monitoring and reporting of alleged violations of humanitarian,
human rights and criminal law. |
S/RES/1378(2001), OP 4, 5 |
| Disarmament, Demobilization, Reintegration and Rehabilitation | ||
| Facilitate the stabilization and rehabilitation of communities. |
Programs
for disarmament and demobilization of combatants (weapons buy-back;
economic and development incentives). Programs
for reintegration and rehabilitation of ex-combatants within their
communities (community service; counseling services;
education/training; family reunification, employment opportunities). Encourage full participation of armed groups in disarmament, demobilization, reintegration and rehabilitation programs. |
S/RES/1379(2001), OP8e |
| Small Arms and Mine Action | ||
| Facilitate a secure environment for vulnerable populations and humanitarian personnel. | Mine-action
(coordination centers, land-mine clearance; mine awareness training;
victim assistance). Measures
to control and reduce the illicit traffic in small arms and light
weapons (voluntary moratoria; arms embargoes; regional and sub
regional approaches). |
S/RES/1318(2000),
OP VI |
| Training of Security and Peacekeeping Forces | ||
| Ensure adequate sensitization of multinational forces to issues pertaining to the protection of civilians. | Appropriate training in humanitarian and human rights law, civil-military coordination, negotiation and communication skills, gender and culture sensitization, and the prevention of HIV/AIDS and other communicable diseases. | S/RES/1379(2001), OP10b |
| Effects on Women | ||
| Address the specific needs of women for assistance and protection. |
Special
measures to protect women and girls from gender based discrimination,
violence, rape and other forms of sexual abuse (access to legal
redress, crisis centers, shelters, counseling and other assistance
programs; monitoring and reporting mechanisms). Effective measures to disarm, demobilize, reintegrate and rehabilitate women and girl soldiers. Mainstreaming
of gender perspective, including by Integration of gender advisers in
peace operations. Expand the role and contribution of women in United Nations field-based operations (among military observers, civilian police, humanitarian and human rights personnel). Increased participation of women at all decision-making levels (organization and management of refugee and IDP camps; design and distribution of assistance; rehabilitation policies). |
S/RES/1325(2000), OP 1, 4, 5, 8a,
10, 13, 15 |
| Effects
on Children |
||
| Address the specific needs of children for assistance and protection. |
Prevent
the recruitment of child soldiers in violation of international law. Effective
measures to disarm, demobilize, reintegrate and rehabilitate child
soldiers. Initiatives,
where appropriate, to
secure access to war-affected children including, days of
immunization, temporary ceasefires and days of tranquility. Negotiated
release of children abducted in situations of armed conflict. Specific
provisions for the protection of children, including where
appropriate, the integration of child protection advisers in peace
operations. Family
reunification of displaced children. Provide
refugees and internally displaced persons, in particular children,
vulnerable to exploitation and abuse with a secure channel for raising
complaints and requiring camp leaders to report such abuses, including
by staff. Monitoring and reporting on the situation of children. |
S/RES/1379(2001), OP2, 4, 8e, 10c |
| Safety and Security of Humanitarian and Associated Personnel | ||
| Ensure the safety and security of humanitarian, United Nations and associated personnel. | Urge
all parties to the conflict to respect the impartiality and neutrality
of humanitarian operations. Ensure
a safe and secure environment for humanitarian personnel. |
S/RES/1378(2001) OP 2, 5 |
| Media and Information | ||
| 1. Counter occurrences of speech
used to incite violence.
2. Promote and support accurate management of information on the conflict. |
Establishment of media monitoring mechanisms to ensure effective monitoring, reporting and documenting of any incidents, origins and contents that incite "hate media". Steps in response to media broadcasts inciting genocide, crimes against humanity, and serious violations of international humanitarian law, including, as a last resort, consideration of closing down such media broadcasts. Technical
assistance to draft and enforce anti-hate speech legislation. Establish
media coordination centers to facilitate accurate and reliable
information management on, and awareness of the conflict. Establish
and assist local and international media and information outlets, in
support of peace operations. |
S/RES/1296(2000), OP17, 18 |
| Natural
Resources and Armed Conflict |
||
| Address the impact of natural resource exploitation on the protection of civilians. | Linkages
between illicit trade in natural resources and the conduct of the
conflict.
Address
the direct or indirect import of natural resources where proceeds are
used to fuel conflict. Urge
Member States and regional organizations to consider measures against
corporate actors, individuals and entities involved in illicit
trafficking in violation of relevant Security Council resolutions and
the Charter of the United Nations (legislation; penalties for dealers;
certification and registration systems; embargoes). |
S/RES/1379(2001), OP6 |
| Humanitarian Impact of Sanctions | ||
| Minimize
unintended adverse side effects of sanctions on the civilian
population. |
Humanitarian
exemptions in sanction regimes. Targeted
sanctions (sanctions limited in scope and targeted at specific
individuals, groups, or activities). Relevant assessment and review of humanitarian impact of sanctions, and the behaviour of those targeted by the sanctions. |
S/RES/1379(2001), OP7 S/RES/1343(2001)
5,6,7,9,10,13a |
*Resolution Index:
S/RES/1379(2001)
on Children and Armed Conflict
S/RES/1378(2001)
on the Situation in Afghanistan
S/RES/1376(2001)
on the Situation in the Democratic Republic of the Congo
S/RES/1366(2001)
on the Role of the Security Council in the Prevention of Armed Conflicts
S/RES/1353(2001) on the on the Strengthening Co-operation with Troop-contributing Countries
S/RES/1343(2001)
on the Situation in Liberia
S/RES/1333(2000)
on the Situation in Afghanistan
S/RES/1327(2000)
on the Implementation of the Report on the Panel on UN Peace Operations
S/RES/1325(2000)
on Women, Peace and Security
S/RES/1319(2000)
on the Situation in East Timor
S/RES/1315(2000)
on the Situation in Sierra Leone
S/RES/1314(2000)
on Children and Armed Conflict
S/RES/1306(2000)
on the Situation in Sierra Leone
S/RES/1298(2000) on the Situation in Eritrea and Ethiopia
S/RES/1296(2000)
on the Protection of Civilians in Armed Conflict
S/RES/1286(2000)
on the Situation in Burundi
S/RES/1279(1999)
on the Situation in the Democratic Republic of the Congo
S/RES/1272(1999)
on the Situation in East Timor
S/RES/1270(1999)
on the Situation in Sierra Leone
S/RES/1267(1999)
on the Situation in Afghanistan
S/RES/1265(1999)
on the Protection of Civilians in Armed Conflict
S/RES/1264(1999)
on the Situation in East Timor
S/RES/1261(1999)
on the Children and Armed Conflict
S/RES/1244(1999)
on the Situation in Kosovo
S/RES/1208(1998)
on the Situation in Africa: Refugee Camps
S/RES/955(1994)
on the Establishment of an International Criminal Tribunal for Rwanda
S/RES/827(1993)
on the Establishment of an International Criminal Tribunal for the former
Yugoslavia
S/RES/824(1993) on the Situation in Bosnia and Herzegovina
S/PRST/2001/31
on Women and Peace and Security
S/PRST/1998/18
on Children and Armed Conflict
S/PRST/2000/10
on the Maintenance of Peace and Security and Post-conflict Peace-building
**The Security Council also recognized the relevance of GA/RES/55/2(2000) and GA/RES/46/182(1991) in the broader context of protection of civilians and the root causes of conflicts.