Albania
(Chalasani/UNICEF HQ99-0194

1. The United Nations

Respect for "fundamental human rights" and freedoms lies at the very heart of the United Nations. Created in 1945 in the aftermath of a devastating world war, the organizations' founding charter reaffirms "the dignity and worth of the human person" and the equal rights of men and women and of nations "large and small."

All parts of the United Nations, which comprises of more than 30 affiliated organizations, work to make these principles and responsibilities a reality. Collectively, they must rise to the challenge of providing protection to distressed populations.

a) Security Council

According to the United Nations Charter, the Security Council has primary responsibility for the maintenance of international peace and security and for bringing a swift end to hostilities when they do break out. During conflict, the Council must play a leading role in protecting civilians in wartime, by urging belligerents to adhere strictly to the recognized standards of international humanitarian and human rights law. It also has responsibility for providing the necessary resources for life saving aid and assistance, by ensuring that peacekeeping mandates provide for the protection of civilians.  In this context, the adoption of resolutions 1265 (1999) and 1296 (2000) on the protection of civilians mark an important cornerstone in the Council's increasing sensitivity to the plight of civilian populations in urgent need of protection. Regular discussions on how to include measures which protect the vulnerable now often form part of the Council's deliberations. Fact-finding missions of Council delegations to conflict areas, and open debates on issues related to women, children in armed conflict, have also helped improve the quality of input into the decision-making process. Above all, the Security Council decides on the deployment of peacekeeping missions and the deployment of force to intervene in violent conflict to stop atrocities. In many situations, however, an even stronger and earlier commitment and more decisive action remain necessary and hoped for. Heightened awareness to the realities on the ground, and discussions through the establishment of regional working groups could further enhance decision-making. The strengthening of mandates should ensure effective implementation and include safeguards to minimize negative effects on civilians. This includes the regular and informed re-evaluation of mandates to adequately reflect the ever-changing situation on the ground.

 b) General Assembly

In spite of the primary role of the Security Council in facilitating action required to address the situation of civilians in conflict zones, it is indispensable to complement the Council's efforts by using the General Assembly's central role in reaffirming and advancing the normative framework that the international system is built upon, and urging its individual Member States to ensure and promote compliance with these norms. It was the legislative groundwork and consensus-building role of the General Assembly, and its Committees, which has paved the way for the creation of the International Criminal Court. Often, however, the size and the deliberative activities of the General Assembly have not allowed for a rapid and decisive response in the face of gravest atrocities. The General Assembly, as the body comprising the entire membership, must strengthen its commitment in this context by urging those Member States entangled in armed conflicts to ensure strictly respect for the recognized principles of international humanitarian and human rights law and to stigmatise non-compliance.

Above all, however, the General Assembly plays the central role in providing the human and financial resources and means to the Organization that are necessary to fulfill its responsibilities in protecting civilians in armed conflicts. Providing humanitarian assistance, clearing landmines, deploying United Nations peacekeepers, ensuring the security of United Nations and associated personnel, and providing reliable funding for the establishment of international or domestic arrangements aimed at bringing truth and justice to war-torn societies depend on the strong will and commitment of the General Assembly and its individual members.

 c) Economic and Social Council

The Economic and Social Council, which was created in part to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion," has recognized the importance of raising awareness of humanitarian issues and respect for international humanitarian law. This recognition followed reports from the Secretary-General calling for greater coordination of humanitarian affairs and is most welcome in that ECOSOC can provide Member States with a unique opportunity to hold in-depth discussions on issues relating to protection and assistance. The insight thus gained will percolate through the system and further contribute to informed decision-making in the Security Council.

 d) Human Rights Mechanisms

The United Nations human rights mechanisms, in particular the Special Rapporteurs, have proven important early warning tools for the protection of civilians. The early provision of reliable information on serious and widespread human rights violations to the Security Council and the General Assembly on such important issues as the use of mercenaries or on extra-judicial, summary and arbitrary executions is pivotal to their informed decision-making, and an adequate response of agencies to these occurrences.

The ad hoc Commissions of Inquiry, established by the Commission on Human Rights, have played important roles in investigating violations of international human rights law. Recent examples have been East Timor and the Occupied Territories and have played a large role in soliciting an appropriate response.

2. Regional organizations

In recent years, the United Nations has increasingly been engaged in building partnerships on issues pertaining to the protection of civilians with regional and intergovernmental organizations, including the Council of Europe, the Organization for Security and Co-operation in Europe, the Organization of African Unity, the Economic Council of West African States, the Southern African Development Community, the Association of South East Asian Nations, the League of Arab Nations, the Organization of the Islamic Conference, and the Inter-American Commission on Human Rights. Regional organizations alone cannot sufficiently address the needs of civilians in war. The list of cooperative efforts in resolving crisis, promoting respect for international law, or building national institutions is therefore growing and features such prominent examples as Kosovo (Federal Republic of Yugoslavia), Sierra Leone, Ethiopia/Eritrea, Burma, or the occupied Palestinian territory.

There remains, however, a need for greater coordination with such organizations, notably in arriving at a common analysis and understanding of the local context and its requirements and sensitivities. The 4th high-level meeting of the United Nations and regional organizations in February 2001 adopted a Framework for Cooperation in Peace-Building (S/2001/138) and agreed on guiding principles for cooperation in this field, as well as on possible cooperative activities such as establishing peace-building units, sending joint assessment missions to the field, developing repertories of best practices and lessons learned, and the joint holding of pledging conferences. The meeting agreed that a working-level follow-up meeting should be convened by the end of 2001 to seek practical means of implementing the Framework for Cooperation in Peace-Building as well as furthering the 13 modalities for conflict prevention agreed in 1998.

(See also Chapter VIII of UN Charter.)

3. ICRC

The international and local Red Cross and Red Crescent societies also play a huge role in international efforts to protect the innocent victims of conflicts. They work independently of the UN system, but enjoy close links as an integral part of the international community. For more see <www.icrc.org>. 

 



 


Charter of the United Nations

Security Council Resolution 1197 on the coordination between the United Nations and Regional Organizations


United Nations

ECOSOC 2001


Key Documents
Reports of the Secretary-General on the Protection of Civilians in Armed Conflict, (Mar 2001) and (Sep 1999)

Security Council Resolution 1296 (Apr 2000)

Security Council Resolution 1265 (Sep 1999)

Security Council Presidential Statement (Feb 1999)

 
© United Nations Office for the Coordination of Humanitarian Affairs 1999-2001.