Statement by Under-Secretary-General Jan Egeland at the Security Council open debate on the protection of civilians in armed conflict

Monsieur le Président, distingues membres du Conseil,
Je voudrais vous remercier pour cette opportunité qui m'est offerte d'informe le Conseil de Sécurité en ce qui concerne la protection des civils dans le cadre des conflits armes.

L'engagement de la Présidence algérienne a maintenir ce sujet critique prioritaire au niveau de l'agenda du Conseil, engagement souligne par votre présence ici parmi nous aujourd'hui, Monsieur le Ministre, est apprécie par la communauté humanitaire.

Mr President, this time last year I presented to the Council a Ten Point Platform, which outlined critical areas in which we needed to focus our joint efforts. I would now like to provide you with an update on developments over the past six months and propose actions that we can take to strengthen protection in several of these areas.

Humanitarian access to civilians in need lies at the heart of the protection response. In order to ensure a more secure environment for the victims of conflict, access for those who can help must be consistently secured. Progress has been made in ensuring better access in some countries. Notably, there have been incremental improvements in access to the 1.6 million displaced civilians in northern Uganda. The promulgation of the Government of Uganda's strategy for the internally displaced and an improving security environment have resulted in sustained access to certain areas and opportunities to better address the protection needs of the civilian population. Humanitarian agencies must now seize the opportunities provided by this improved access through increasing their activities and support. In Liberia, improved access to border regions has been facilitated by the completion of the disarmament, demobilisation, rehabilitation and reintegration process.

By contrast, Mr President, the events in the last six months in the eastern Democratic Republic of the Congo perpetuate a pattern of intermittent and sporadic access that leads to continued incapacity to deliver essential services, such as health and education. This region has, accordingly, suffered appalling mortality and malnutrition rates. According to a recent survey by the International Rescue Committee, which is among the largest mortality surveys ever conducted in a conflict zone, more than one thousand Congolese civilians are dying from war-related disease and malnutrition every day. In the eastern DRC, the mortality rate for children under five is 90% higher than the regional norm. The recent movements of forces into eastern DRC are worrying, as they further destabilize an already volatile environment and can only lead to a further decline in the quality of life for the civilian population.

The outbreak of violence in Cote d'Ivoire in early November and the subsequent evacuation of international humanitarian staff has also constrained our ability to provide humanitarian assistance and protection. Although the situation appears to be stabilizing and humanitarian staff are redeploying, checkpoints remain in place in both the north and in Government-held areas. Similarly, in Afghanistan, insecurity continues to restrict humanitarian access to areas in the south of the country. We cannot allow ourselves to accept these situations. Peacekeeping efforts that provide a sustained, secure environment in which humanitarian access can be delivered have never been more important.

Tragically, many parts of Sudan's Darfur provinces present us with some of the worst obstacles to humanitarian access. The blatant breaches of the cease-fire agreements by all parties and the escalation of fighting, including rebel attacks and aerial bombardments by Government forces, have led to the evacuation of humanitarian staff. This has dramatically reduced our ability to deliver humanitarian assistance and protection for civilians. Experience demonstrates that improvements in access are brought about only when there is engagement and common commitment by all actors, and when there is consistency and coherence of approach. I encourage the Security Council to use its authority more energetically, where necessary, to address the issue of access in order to facilitate the delivery of humanitarian assistance and protection.

The security of humanitarian workers is my second concern. Our ability to protect and deliver humanitarian assistance to civilian populations in need is undermined by blatant attacks and threats against our unarmed humanitarian staff. On Sunday the 12th of December, two of Save the Children's staff were deliberately attacked and killed in South Darfur. Attacks by any armed group will only serve to paralyse the large and effective humanitarian operations in the Darfurs. The parties to the conflict - including the political and military leaders - should be held individually responsible for these attacks and for the starvation, the disease and the deaths of civilians that will undoubtedly result.

In Afghanistan, threats to staff continue to restrict the provision of humanitarian assistance and protection. In Iraq, the brutal execution of our colleague Margaret Hassan brought home starkly the vulnerability of humanitarian personnel and the unacceptable risk to which international agencies operating in Iraq are exposed. The worsening insecurity in parts of Iraq has prompted several large international NGOs, renowned for their capacity to continue operating in hostile environments, to withdraw their operations. Such withdrawals have severe consequences on civilians, particularly those who have been internally displaced, as they lose access to independent and impartial sources of assistance in a climate of growing insecurity.

In Iraq and Afghanistan, we may be witnessing a disturbing new development where recent hostage-taking incidents indicate a merging of commercial and political motives. These are difficult and substantial challenges which require creative solutions that use both humanitarian and political diplomacy. To this end, my Office, together with our humanitarian partners, has engaged in dialogue with religious and civil society groups in regions where there is a perceived threat to humanitarian personnel. More than ever, we rely on cultural and religious leaders to join us in partnership and to come to the defence of independent humanitarian action in the face of such threats. I therefore call upon religious and community leaders to speak out strongly against those who attack unarmed humanitarian workers in Afghanistan, Iraq, Somalia and elsewhere, in blatant violation of religious and cultural values.

Humanitarian organizations also feel that they have been caught in the political crossfire and that the space for humanitarian action is progressively shrinking. Military and political leaders must do their utmost to maintain the distinction between impartial, neutral humanitarian action and political and military activities.

The third protection concern that I wish to address is the need to better protect women and children in armed conflict. A constant and insidious characteristic of armed conflicts is the barbaric and indiscriminate use of sexual violence. In past reports we have documented the atrocious use of rape and sexual violence as a weapon of war. Victims of sexual violence are stripped of dignity and are stigmatised. They are victims many times over - victims of trauma, victims of HIV/AIDS, victims of social and economic distress, left destitute and outcast long after the fighting is over.

The use of sexual violence has been widely condemned by national governments, by regional organizations, by the General Assembly and by the Security Council - most recently, in the review of the implementation of resolution 1325. Despite such condemnation, however, sexual violence persists unchecked. In the Democratic Republic of the Congo and in Darfur, sexual violence continues to intimidate and despoil populations. If sexual violence is so intolerable, why is it so pervasive? Mr President, this is an issue where there can be no impunity. I hope that the International Criminal Court will use its jurisdiction to clearly demonstrate that crimes of sexual violence will not be tolerated and that perpetrators will be punished. And I hope the Security Council will press for accountability. Surely the thousands of brutal rapes in the Democratic Republic of the Congo, in Darfur, in Uganda, in Liberia should already have resulted in people being brought to justice.

Mr President, the use of children in armed conflicts and child abduction remains a key challenge to the United Nations and its humanitarian partners. In Nepal, children continue to be forcibly recruited into fighting forces. Throughout the sub-region of West Africa, children have long been associated with fighting forces. It is only now that we are beginning to comprehend the extensive implications of years of conflict, which has used and expended its youth as ammunition. This pattern is being sustained in the north of Cote d'Ivoire, with 100,000 children unable to sit their exams and therefore exposed to increased risk of exploitation. Sustained attention must be given to the needs of children through the delivery of humanitarian support, DDRR programmes and longer-term initiatives that address their special reintegration needs.

The plight of refugees and internally displaced persons is my fourth concern. While large numbers of refugees have, in recent months, been helped home by UNCHR and its partners, more than 25 million people remain displaced from their homes by conflict. The largest internal displacement crises remain the Sudan, the DRC, Colombia and Uganda. These four have a population of displaced totalling more than 10 million. Displaced civilians continue to face intolerable hardships and increasing challenges for their protection. During the past six months the world has been shocked by the killing in Burundi of over 150 Congolese refugees within the confines of a camp protected by the UN symbol. We have also been shocked by the forced movement of hundreds of thousands of civilians in Darfur. In Iraq, it is estimated that approximately 220,000 inhabitants of Fallujah became internally displaced over a ten-day period in early November. Since then, access to civilians, both inside and displaced around the city, has been limited by military action and insecurity on the ground.

I also encourage Member States to fully recognise the needs and rights of those who are displaced. Over the past six months the Governments of Uganda, Liberia and Somalia have developed national internal displacement policies and have adopted, or made greater use of, the Guiding Principles on Internal Displacement. These are particularly welcome developments. Similarly, I welcome the Dar-Es-Salaam Declaration on Peace, Security, Democracy and Development in the Great Lakes Region, which commits participating countries to a range of important measures, including respect for and use of the Guiding Principles. These positive steps need to be reinforced, however, by providing national governments with the appropriate capacity and support to fulfil their obligations to protect.

Mr. President, enhancing compliance with international humanitarian, human rights and refugee law and combating impunity is the fifth challenge I wish to address. Many protection concerns will remain unresolved as long as impunity prevails, and it is therefore critical that those who violate international law are held accountable. The role of States in this respect is paramount.

Violations of international humanitarian and human rights law in the occupied Palestinian territories have worsened the lives and welfare of civilians and undermined the ability of the humanitarian community to provide much-needed assistance and protection. The widespread insecurity in Iraq, including intimidation, hostage-taking, targeted and indiscriminate attacks on civilians and brutal acts of terror, creates major protection concerns. In such volatile circumstances, compliance with international humanitarian law by all sides is critical. Hate propaganda, used to incite and fuel conflict, is a concern in a number of countries, such as Cote d'Ivoire, where the media has become a powerful instrument in fuelling hatred and promoting xenophobia. Targeted sanctions against those individuals responsible for serious violations of international humanitarian law or for inciting public hatred and violence provide an appropriate and necessary response. In general, I would encourage the Security Council to consider making greater use of such targeted sanctions.

In Darfur, the deployment of African Union observers, the establishment of the International Commission of Inquiry and the deployment of human rights observers are important developments. It is imperative that all parties to the conflict cooperate fully with the Commission and provide it with the information relevant to its mandate. Those who have caused death and massive suffering among civilians in the Darfurs should have no reason to sleep well at night.

In terms of strengthening the legal framework underpinning the protection of civilians, I am pleased to report that 32 States took 114 treaty actions during the "Focus 2004 Treaties Event" in September. Of particular note was the participation of the National Transition Government of Liberia, which took action in respect of eighteen conventions and protocols and, separately, adopted the Guiding Principles on Internal Displacement.

With regard to the sixth challenge: disarmament, demobilization, reintegration and rehabilitation (DDRR), I would like to focus on reintegration, which I see as the single biggest challenge for DDRR programming. Reintegration poses an enormous challenge in West Africa, where the region is fearful of youth who have learned that economic gain comes from acts of violence. In northern Uganda, where thousands of children have been brutalized and alienated from their families and communities, the challenge of reintegration is also immense. Uganda is currently faced with an historic opportunity for peace and reconciliation, related to which is an urgent need to accelerate reintegration planning efforts to meet the needs of increasing numbers of LRA fighters coming out of the bush.

Properly reintegrating children and youth requires viable alternatives to violence and sustained support in meeting their long-term needs. This, in turn, requires integrated planning of DDRR programmes, longer-term community-based recovery initiatives and consistent and sustained funding. In Liberia and elsewhere, reintegration programmes remain precariously under-funded. Where a conflict has a regional dimension, effective and sustained DDRR support is all the more critical if we are to prevent the circulation of fighters and small arms from one country to the next. What use are effective disarmament and demobilization efforts if we are not able to provide an alternative life for the ex-fighters before they are drawn back to the guns and the violence?

Mr. President, my seventh and final challenge is "neglected emergencies". We repeatedly see ongoing crises eclipsed by the crises of the moment, highlighted through the media lens. The Sudan and the ongoing violence in Iraq currently command most attention, while dire situations persist in numerous other countries struggling with conflict and violence. We need to keep the spotlight on all crises and ensure that there is a balanced and proportional response to all situations of concern. The humanitarian crisis in Somalia, for example, remains one of the most severe, yet overlooked, crises in the world. With the formation of the Transitional Federal Government, Somalia is now at a crossroads as it faces its best chance in many years of achieving political stability and peace. The international community must seize this opportunity and support efforts to consolidate peace and stability and to alleviate the suffering of the Somali people. Visiting Somalia last week, I was shocked to learn of mortality rates in parts of Somalia at two per ten thousand per day - the same as in Darfur, but for the Somalis this situation has been more protracted.

If we are serious about meeting humanitarian needs and laying the foundations for future peace and stability, we cannot afford to leave crises simmering, devoid of an adequate political and humanitarian response. Under-funding, premature withdrawal of support, and a failure to address the root causes of conflict leaves remnant discontent, creating conditions ripe for insurgency and allowing countries to spiral back into conflict. The case of Liberia in the late 1990s or Haiti in recent years illustrates this all too clearly. As a humanitarian community we are, after all, asking for much less than one percent of world military spending to cover all suffering in all conflicts.

Mr. President, I would now like to outline some key points which I believe will strengthen our ability and greatly enhance our response to the challenges I have just outlined.

My first area of action - an area of the utmost priority - is the need to strengthen the overall response capacity of the humanitarian community to provide both effective and timely humanitarian assistance and protection. Efforts to improve our response to the crisis in Darfur have underscored the need to strengthen the collaborative approach to protection. A comprehensive, coordinated approach to the protection of civilians has now been put in place to address the protection deficit in Darfur.

I have also initiated a system-wide humanitarian response review, which will address the current gaps in our response to humanitarian crises, both in terms of humanitarian assistance and protection gaps in Darfur as an international community - Member States, donors, UN agencies, non-governmental organizations and civil society.

My second area of action is the development of a better reporting mechanism. In his latest Report on the Protection of Civilians, the Secretary-General called for a mechanism that would provide better facts and statistics on protection in order to inform and facilitate the Council's deliberations. Examples of the key protection concerns that such a mechanism would address include the number of civilians killed, tortured, displaced or affected by sexual violence, and the number totally or partially denied access to humanitarian assistance and protection. Work has commenced with agency colleagues to develop a systematic methodology using set criteria and empirical indicators which will allow better comparative analysis and monitoring of protection trends. This will provide the Security Council with concrete and objective information that would enable better assessment of, and appropriate response to, the scale and urgency of key protection concerns. I will provide you with a more detailed outline of the reporting mechanism at my next briefing in June.

My third area of focus is the need to ensure more consistent response to crises and to highlight "neglected emergencies". We need to develop better mechanisms to engage donors and engender the political will to address all humanitarian needs and protection concerns equitably. Engaging new donors and drawing on the resources of different actors will be critical to ensuring consistency of response. It is also vital that we provide sustained support in post conflict situations. Through my Office, I would like to further develop a more systematic review of the impact of under-funding, so that I can alert the Security Council to any potential problems that may exacerbate instability and jeopardize either national or regional security.

Fourthly, it is essential that we place greater emphasis on the role of national actors and that we develop approaches and tools which strengthen their ability to provide protection. In September, my Office initiated a systematic consultation with the Government of Uganda and all national actors to develop a nationally-owned strategy for the protection of civilians. This has already resulted in more effective action to address key protection concerns. In January, at the request of the Government of Indonesia, we will undertake similar consultations to assist the Government in developing their own strategy for the protection of civilians. We are in discussions with the Government of Egypt concerning the possibility of convening a regional protection of civilians workshop for the Middle East in 2005. Such initiatives can be broadened to support all Members States that face protection challenges.

My fifth point relates to the use of sanctions. If we are to see more effective use of sanctions as a tool it will be essential to assess and mitigate any potential humanitarian consequences in a more systematic manner. Recognising this need, my Office, in collaboration with Inter-Agency Standing Committee, has developed a rigorous methodology to assess the human impact of sanctions. Since it would be essential for the Council to ensure that the unintended consequences of sanctions are mitigated and that the measures imposed do not cause civilian suffering disproportionate to the ends served, I strongly encourage you to use this methodology during your deliberations to enhance the use of sanctions as a tool.

My penultimate point underscores the importance of regional organizations in providing protection in armed conflict. The crucial role of the African Union in Darfur is an obvious case in point. It is critical that regional organisations are provided with support necessary to fulfil their role. As humanitarian organisations with 7000 international and local staff on the ground in Darfur, we are struck by the importance and effectiveness of the African Union forces and observers, but also by the fact still, in December, only one third of the promised African Union troops have been deployed and none of the AU police. It should be possible for the international community to help increase the capacity of the African Union on the ground. Without this capacity, the civilian population in Darfur cannot benefit from effective protection. The regional dimension of armed conflict is well understood and the need for a regional approach to address and respond to the civilian consequences of armed conflict well-recognised. We would encourage regional organisations to develop common approaches and to incorporate internationally-agreed standards for protection in their activities. My Office is currently working to develop stronger cooperation with regional organizations on protection, as part of the follow-up to the Secretary-General's Fifth High Level meeting with Regional Organizations.

My final point relates to our own responsibility to protect. Like all of you, I have been deeply disturbed at the unacceptable incidence of sexual exploitation and abuse by peacekeeping and humanitarian personnel over the past six months. The Secretary General has set clear standards of conduct to which all staff must be held accountable, in his Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse. There is a pressing need to ensure that this is now rigorously enforced. We must commit ourselves to creating and maintaining an environment that prevents such egregious behaviour. The active engagement of personnel-contributing countries is central to this process. I appeal to contributing Member States to give this issue their urgent attention and ensure that appropriate accountability mechanisms are in place.

Mr. President, I have presented you with both an overview of key protection concerns under the Ten Point Platform and some practical measures aimed at addressing these challenges in order to tangibly enhance the protection of those in need. We are setting ourselves realistic means by which, through collective action, we can seek to improve every situation. We can no longer accept the status quo. It is time to move to action if we are to truly create a culture of protection that addresses the real needs of civilians trapped by conflict. We must show that the United Nations, its member States and its humanitarian and regional partners can safeguard the well being and rights of men, women and children around the world whose lives are being shattered by armed conflict. Our discussions with the Security Council are invaluable; your continued commitment to this shared goal is vital.

Merçi, Monsieur le Président.