Statement by H.E. Dr. Gerhard Pfanzelter
Permanent Representative of Austria

New York, 10 December 2002

Mr. Chairman,

I am speaking in Austria's capacity as current Chair of the Human Security Network, an interregional group of countries also comprising Canada, Chile, Greece, Ireland, Jordan, Mali, the Netherlands, Norway, Slovenia, South Africa as an observer, Switzerland and Thailand.

The issue of "Protection of Civilians in Armed Conflict" lies very much at the core of our Network's efforts to ensure the security and the rights of the individual. Our aim is to take concrete actions to make our world a place where all people can live in security and dignity, free from fear and want, and with equal opportunities to fully develop their human potential. These efforts relate directly to the UN Secretary-General's emphasis on what he has defined as "our humanitarian imperative: that it is the very essence of the United Nations' work to establish human security where it is no longer present, where it is under threat, or where it never existed".

Armed conflicts still affect millions of civilians around the world, who are deprived of their basic necessities, vulnerable to violations of their rights and to physical exploitation, and often displaced from their homes and separated from their families. The frequency of civilians becoming deliberate targets of warfare, in flagrant violation of international humanitarian and human rights law, continues to be alarming. Too often, the principal victims of armed conflict are women and children, on whose shoulders lies the future of society.

The Security Council's debates on this issue, like the one today taking place on Human Rights Day, increase the recognition for the development of a "culture of protection" within and beyond the United Nations. The reports by the Secretary-General are an essential contribution to this aim.

The Network welcomes the Security Council's continued commitment to this critical issue. We see the protection of civilians agenda as a framework for action. The protection of civilians is central, not peripheral, to the Council's mandate for ensuring international peace and security. We welcome the latest report of the Secretary-General, which like those he has previously prepared for the Council, is aimed at identifying practical strategies for promoting a "culture of protection". We urge the Security Council to sustain the momentum created behind this agenda, and call on the Secretary-General to continue to update the Council on developments in this field on a regular basis.

I would like to highlight some issues in the context of the protection of civilians, which are also contained in the reports of the Secretary-General, from the point of view of the Human Security Network. Discussions on the particular protection needs of women and children are an important part of this rubric, and I would like to refer to HSN statements during the respective Security Council debates.

Access to vulnerable populations

The primary responsibility for the protection of civilians in armed conflict rests with their governments. In situations of armed conflict, however, also non-state actors can have a direct responsibility to ensure that the basic needs and the protection of civilian populations are met. An essential element of this responsibility is for all parties to conflict to allow the unimpeded humanitarian access to vulnerable populations. However, as the report rightly points out, very few non-state actors recognize their responsibilities in these regards. Therefore, we view the development of measures to raise the awareness of all parties to a conflict, including non-state actors, of their responsibilities and of the relevant provisions under international humanitarian, human rights, refugee and criminal law to be of paramount importance. We recall the Security Council's commitment in resolution 1265 to respond to situations of armed conflict where civilians are being directly targeted or humanitarian assistance to civilians is being deliberately obstructed.

Internally Displaced Persons

While there has been considerable progress with regard to strengthening normative and institutional frameworks for the protection of IDPs in recent years, their situation in many countries still remains extremely worrying. Wherever there is conflict, in all likelihood there is displacement too. Displacement continues to be a by-product of current conflicts and too often constitute a deliberate aim of combatants. The General Assembly and the Commission on Human Rights have repeatedly outlined their recommendations in support of IDP protection and assistance. Two of the members of the Human Security Network, Austria and Norway, are regularly putting forward resolutions on this issue in these fora. Building on the work of the Representative of the Secretary-General on IDPs, an increasing number of conflict-affected countries are using the Guiding Principles on Internal Displacement as standard and framework for dealing with IDP situations. We therefore propose that the Security Council encourage states with situations of internal displacement to utilize the Guiding Principles as well as to find durable solutions for IDPs, including their voluntary return in safety and dignity.

Rule of law, justice and reconciliation

The achievement of a sustainable peace depends on the establishment of an effective and fair administration of justice, of institutions ensuring accountability for past atrocities and grave human rights violations, as well as of credible truth and reconciliation mechanisms. In this context, we welcome the entry into force of the Rome Statute of the International Criminal Court, which marks an important contribution to ending impunity. Both justice and reconciliation mechanisms should ensure the involvement of women and foresee special procedures for children. We agree with the report of the SG that reconciliation efforts need to be undertaken in a culturally sensitive way and that education provides a window of opportunity for building tolerance and social justice in communities, both during and after conflict. I would like to add that human rights education is particularly pertinent in this regard. The Human Security Network is currently in a process of elaborating a Declaration of Principles on Human Rights Education as well as producing a Manual on this subject, which can be adapted to different regional situations.

Prohibition of Landmines

The widespread use of small arms, light weapons and anti-personnel landmines has a significant impact on the scope and level of the violence that affects civilian populations in and after armed conflict, as pointed out by the SG in his first report to the Security Council on the subject of protection of civilians. One week ago, we commemorated the fifth anniversary of the signing of the Ottawa Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-personnel Mines. It was this initiative which originally led to the establishment of the Human Security Network. At its Ministerial Meeting in September this year, the Network passed a declaration calling for the universal ratification of this important treaty, a call I would like to reiterate at his occasion.

Finally, I want to thank the Secretary-General for addressing a number of highly topical issues in his most recent report, including concerning the separation of armed elements from displaced civilians, the safety of humanitarian personnel, the sexual exploitation and gender-based violence in humanitarian crisis and conflict situations, the commercial exploitation of conflicts and the plundering of resources, as well as the involvement and the role of terrorist organizations in armed conflict.

For this agenda to succeed, all states and other relevant actors must commit to improve the legal and physical protection of civilians. An important element of this is to integrate the Secretary-General's recommendations into realities in all regions. The Network therefore welcomes the regional seminars, which have been initiated by OCHA, and urges all governments to participate in them.

In concluding, I would like to assure you, Mr. Chairman, of the dedication of the members of the Human Security Network to fully support and promote the protection of civilians in armed conflict as indispensable foundation for peace, security and stability.