PEACEKEEPING OPERATIONS SHOULD BE IMPLEMENTED IN STRICT COMPLIANCE WITH CHARTER PRINCIPLES, REPRESENTATIVES IN PEACEKEEPING COMMITTEE STRESS

25 March 1999

Press Release
GA/PK/160

PEACEKEEPING OPERATIONS SHOULD BE IMPLEMENTED IN STRICT COMPLIANCE WITH CHARTER PRINCIPLES, REPRESENTATIVES IN PEACEKEEPING COMMITTEE STRESS

19990325 Consent of Conflicting Parties, Impartiality and Minimal Use of Force Should be Observed

The world had seen the start of a military campaign yesterday without Security Council authorization, by an alliance to which three of the five Permanent Members of the Council belonged, the Special Committee on Peacekeeping Operations heard this afternoon. That action was a clear violation of the United Nations Charter.

As the Committee met to continue its general debate, the representative of Mexico expressed his concern over recurring episodes involving "coalitions of interested parties", an institution claiming to operate under Chapter VII of the Charter. That practice was tantamount to the abdication by the United Nations of its responsibilities to a group of States.

Several representatives stressed that peacekeeping operations should be implemented in strict compliance with Charter principles, including consent of the conflicting parties, impartiality and minimal use of force, and that they should only be undertaken with proper authorization of the Security Council.

Speaking about the role of the Council, the representative of Croatia supported the proposal to institutionalize consultations between troop- contributing countries and the Security Council. They should not be limited and should include, whenever appropriate, countries especially affected, as well as other countries from the region concerned, including host countries.

Most speakers agreed that recruitment of United Nations personnel should be based on as wide a geographical base as possible. The representative of Brazil said that in the process of reconstituting its capacity after the withdrawal of gratis personnel, the Department of Peacekeeping Operations should consider the principle of equitable distribution, paying special attention to the under-representation of Latin American and Caribbean countries.

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On the question of procurement, the representative of Namibia said that the Procurement Division should not only use a roster of potential suppliers from a broader geographical base, but also award contracts to companies from developing countries. Transparency should be the key in that exercise. Countries paying their assessed peacekeeping contributions in full and on time as well as troop contributors should be given preferential consideration in awarding procurement contracts.

Also making statements this afternoon were the representatives of Australia, Kyrgyzstan, Indonesia, Republic of Korea and the Observer for Switzerland.

The Special Committee will meet again at 10 a.m. tomorrow, 26 March, to continue its general debate.

Special Committee Work Programme

The Special Committee on Peacekeeping Operations met this afternoon to continue its general debate. (For background information on documents before the Committee, see Press Release GA/PK/157 of 24 March.)

Statements

PENNY WENSLEY (Australia) said it was important that the strategic capacities of the Department of Peacekeeping Operations not be reduced to levels that could jeopardize mission viability or the safety of field personnel. In the wake of the significant changes in staffing arrangements, including the loss of gratis personnel, the Special Committee must assess whether or not the Department was equipped to deal with potential surges in peacekeeping demand. Australia welcomed the reform programmes underway and wished to express its support for plans to consolidate expert military and civil police personnel into a coordinated group within the Department.

On rapid deployment, she said Australia encouraged the Secretariat to continue the development of the Rapidly Deployable Mission Headquarters. However, such measures formed only part of what must be a layered response to peacekeeping challenges. The existence of a rapid deployment capability did not, in itself, represent a universal solution. For example, great care must be taken to ensure that improved response times did not compromise mission selection criteria and decision-making.

Improving operational support was vital to the success of peacekeeping missions, she said. In particular, the safety and security of United Nations personnel remained an extremely serious issue. The past year had seen United Nations personnel exposed to unacceptably high levels of risk. The deplorable shooting down of two United Nations planes in Angola, and the United Nations Observer Mission in Georgia (UNOMIG) hostage incident highlighted those concerns. Her delegation condemned the actions that had precipitated those events and urged the Secretariat to continue to develop proposals to safeguard the security of all United Nations personnel.

On United Nations cooperation with regional organizations, she said that one excellent example concerned the island of Bougainville, where Australia was working with New Zealand, Fiji and Vanuatu, in partnership with the Government of Papua New Guinea, in a regional response to the dispute on that island. The establishment of a Peace Monitoring Group reflected the strong interest of countries in the region to assist Papua New Guinea, as a friend and neighbour, to address an area of emerging tension and conflict. The Peace Monitoring Group had worked closely and cooperatively with the United Nations Political Office in Bougainville, which itself had had a valuable confidence- building role. Together they had contributed significantly to the easing of tensions and to a genuine advancement of the peace process.

ZAMIRA B. ESHMAMBETOVA (Kyrgyzstan) said that insufficient financial resources and the lack of clear-cut mandates and time-frames had reduced the effectiveness of peacekeeping operations and caused talk of "peacekeeping fatigue". Kyrgyzstan attached primary importance to United Nations cooperation with regional organizations, and also believed that such cooperation should be carried out in accordance with Articles 52 and 53 of Chapter VIII of the United Nations Charter. Fundamental principles of peacekeeping operations should also be observed, including the principles of parties' consent; impartiality; non-use of force, except for self-defence and with appropriate authorization by the Security Council, which carried primary responsibility for the maintenance of international peace and security.

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Present-day conflict situations often took unusual forms, and in many cases the peacekeeping role of the United Nations with its Security Council was not active enough, she said. Peacekeeping initiative was gradually falling into the hands of regional and subregional organizations and multinational forces, and unilateral coercion measures were increasingly resorted to. However, peacekeeping operations could not replace long-term conflict resolution, and elimination of root causes of conflicts remained its ultimate goal.

Kyrgyzstan took an active part in peacekeeping operations, she said. However, as her country did not have sufficient experience in peacekeeping operations, it was genuinely interested in the activities of the Training Unit. Equally important were the activities of the Lessons Learned Unit. She hoped that the structural reform would accelerate the study on cooperation between the United Nations and regional arrangements and organizations undertaken by the Lessons Learned Unit.

PETER MAURER, observer for Switzerland, said that his country provided not only personnel, but also financial and logistical support to peacekeeping operations. To a certain extent, a reduction of Swiss personnel in peacekeeping operations, which had taken place over the past year, reflected the reduction of peacekeeping operations themselves. The question arose, whether the United Nations had entered a new phase in the area of peacekeeping.

A new campaign was underway in Switzerland to convince the citizens to apply for membership in the United Nations, he said. During the discussion of that matter, questions regarding the role and the capacities of the Organization had been asked, and a comment had been made that the United Nations had either not been present, or had held back in a number of conflicts. In conflict resolution, the United Nations increasingly turned to regional organizations.

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During the past year, the Security Council had reflected on a number of issues in the context of the follow-up to the Secretary-General's report on Africa, he said. The debate in the Council had concentrated on the issues of international peace and security, including the protection of civilians in conflict situations; landmine clearance; children in conflict and causes of instability. Switzerland was following those developments with great interest. It was also interested in the situation of personnel safety and security.

Speaking about the ability of the Organization to act in certain regions affected by conflicts, he said that it was in the interest of all States that the authority of the Council not be weakened. It was difficult for the United Nations to be present in certain regions of conflict because of the risks involved. Also, deployment might not be desired by all parties. In some cases, the Security Council had been unable to come to a consensus. Peacekeeping was based on the principle of collective measures. If the Security Council was unable to act, the United Nations remained on the sidelines, leaving action to other players. He wanted to send a message of encouragement to the Security Council -- that it should assert its authority and execute its responsibilities in a constructive and determined manner.

HAZAIRIN POHAN (Indonesia), associating himself with the statement made previously for the Non-Aligned Movement, said that his delegation's conception of a United Nations mission was one where peacekeeping was clearly differentiated from such other components as humanitarian and electoral assistance and post-conflict peace-building. The Special Committee should, therefore, focus its deliberations on issues of peacekeeping operations, thereby maintaining its credibility and relevance, as well as contributing to the unity and continuity of United Nations efforts in the field.

Indonesia was among those who viewed peace and security as being closely linked to economic and social development, he said. Since poverty and ignorance were the most common cause of conflicts, they should be addressed in order to achieve lasting peace and security. United Nations peacekeeping operations should neither be used as a tool to advance economic and social progress, nor as a substitute for addressing the root causes of any conflict. Such issues were already being dealt with by the relevant principal organs of the United Nations and by the Organization's bodies and agencies established for that purpose. Moreover, peacekeeping operations should not be overburdened by extraneous tasks and responsibilities, however well- intentioned, lest they detract from the peacekeeping operation's fulfilment of its most basic mission -- to keep the peace.

He said peacekeeping procurement continued to be of great concern to his delegation. While financial and other obligations for peacekeeping operations were borne by the general membership, the majority of procurement was still being carried out in a limited number of countries. With fewer peacekeeping

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operations being established, the Secretariat now had the opportunity to enhance the effectiveness of procurement planning. Indonesia urged the Secretary-General to further intensify his efforts to broaden the geographical base of the supplier roster, as well as to take all possible measures to increase procurement from developing countries and accord preferential treatment to qualified vendors from those countries.

PABLO MACEDO (Mexico) said a peacekeeping operation could only succeed with the observance of full respect for certain fundamental principles, the first of which was the consent of the parties involved. Mexico reiterated and would tirelessly repeat that consent constituted the essential prerequisite for a peacekeeping operation's success; peace could not be imported. The United Nations could neither impose conditions nor substitute for the will of the parties. The Organization's role was to monitor the observance of any peace agreement entered into by the parties to the conflict and to mediate the dialogue and negotiations resulting in that agreement. United Nations operations must also function with strict respect for the sovereignty and territorial integrity of States, observing neutrality and impartiality and minimum use of force.

He said Mexico was concerned at recurring episodes involving "coalitions of interested parties", an institution claiming to operate under Chapter VII of the Charter. That practice was tantamount to the abdication by the United Nations of its responsibilities to a group of States acting under a Security Council authorization of dubious constitutionality. Yesterday had seen the start of a military campaign against a Member State, without Security Council authorization, by an alliance to which belonged three of the five permanent members of the Council. That action was a clear violation of the Charter.

Mexico recognized that regional organizations could make a valuable contribution to peacekeeping, but the primary responsibility resided with the United Nations. Further collaboration could only take place with the Organization's legal mandate under the United Nations Charter. Mexico could not accept generally applicable formulas regarding cooperation with regional organizations. Such cooperation must be taken on a case-by-case basis.

JELENA GRCIC POLIC (Croatia) said that having hosted five distinct peacekeeping operations in the past seven years, her country could confidently state that its experience with United Nations peacekeeping operations and peace-building efforts was extensive. Her delegation had consistently held that recruitment of United Nations personnel should be based on as wide a geographical base as possible. Croatia also supported the efforts of the Secretary-General and the Secretariat directed at strengthening the role of women in United Nations peacekeeping.

Phasing out gratis personnel should not negatively impact the role and functions of the Department of Peacekeeping Operations, she said. Croatia

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supported the position that the activities and amount of work required of the Department were tied to the number of operations being planned and conducted, and not to the number of personnel employed. The role of United Nations peacekeeping had expanded to include such matters as police monitoring, the monitoring of the judicial process and rebuilding and strengthening of civilian government, civil institutions and infrastructure. The role of the United Nations was becoming ever deeper, aiming to resolve the underlining causes of conflict.

While the Security Council should not lose sight of its primary responsibility of safeguarding international peace and security, the Organization should, whenever possible, show understanding for the priorities and interests of host countries, and temper its involvement in the areas encroaching upon internal matters of States. Mandates provided by the Security Council should be clear, actionable and achievable, and supported by adequate resources. They should also reflect the actual situation and aspire to be as depoliticized as possible. Croatia believed that regional organizations and arrangements were often in a better position to react to the crises in their areas of responsibility. However, arrangements made should be in line with Chapter VIII of the Charter. The nature and role of regional organizations should be determined by the seriousness of the crisis.

Her delegation also supported the proposal to institutionalize consultations between troop-contributing countries and the Security Council. Those consultations should not be limited and should include, whenever appropriate, countries especially affected, as well as other countries from the region concerned, including host countries.

Speaking on a point of order in response to the statement by the representative of Mexico, she said that as one of the successors to the former Yugoslavia, her delegation wanted to remind the Committee that the Federal Republic of Yugoslavia was not a Member State of the United Nations. The relevant resolutions in that case were Security Council resolutions 777 (1992) and 821 (1993), as well as General Assembly resolution 47/1. Those resolutions stated that the Federal Republic of Yugoslavia could not automatically continue the membership of the Socialist Republic of Yugoslavia and could not participate in the work of the General Assembly and the Economic and Social Council. It had to apply for membership first.

ENIO CORDEIRO (Brazil) said that although the number of peacekeepers under the flag of the United Nations had continued to decrease, the appeals and requests from a wide range of quarters for a United Nations presence had in fact increased. Old conflicts persisted, and new ones appeared. Caution should be used to separate peacekeeping from humanitarian assistance and post- conflict peace-building. Those aspects were inter-related from a strategic point of view, but they were clearly distinct from each other.

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A certain resistance could be observed from some quarters to initiate new peacekeeping operations, he said. The prevailing tendency was to delegate the tasks of peacekeeping to regional and subregional organizations or coalitions of States. However, it was necessary to bear in mind that the United Nations had the leading role in the maintenance of international peace and security, and that primacy should be reflected in the field of peacekeeping activities.

Faithful to its commitment to the United Nations, Brazil continued to have military personnel and police officers deployed in five peacekeeping operations during the past year, he said. The phasing-out of gratis military personnel should have been implemented without undermining capacity for planning, managing and winding-up of peacekeeping operations. In the view of his delegation, the Department of Peacekeeping Operations had suffered a sudden reduction in its capacity to inform and coordinate. His country hoped that in the process of reconstituting its capacity, the Department would take into consideration the principle of equitable distribution, paying special attention to the under-representation of Latin American and Caribbean countries.

SUH DAE-WON (Republic of Korea) said his delegation shared the frustration of the international community over the Security Council's decision last month to discontinue two mandates, thus reducing the number of peacekeeping operations to their lowest level since 1993. The United Nations Preventive Deployment Force (UNPREDEP) had been the first preventively deployed mission in the Organization's history and had been generally regarded as a positive step forward. The United Nations Observer Mission in Angola (MONUA) had played an important role in preserving peace and stability in that country over the past years. Its sudden discontinuation could be seen as a setback and might have a negative impact on the future of peacekeeping activities.

On the phasing out of gratis personnel, he said his delegation had expressed concern on several occasions and recommended transitional arrangements with a view to minimizing the loss of continuity and expertise in the work of the Department of Peacekeeping Operations. In fact, his delegation had experienced first-hand difficulties in dealing with the issuance of a letter of assist concerning vehicle spare parts for the Korean medical unit in the United Nations Mission for the Referendum in Western Sahara (MINURSO).

Regarding the rapid reaction capability of the United Nations in crisis situations, he reiterated that the standby arrangements system should be developed as the principal instrument in promoting such a capacity for peacekeeping operations. It was hoped that the system would be further strengthened by the broadest possible participation of Member States. In addition, the Republic of Korea supported the full-fledged operation of the

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Rapidly Deployable Mission Headquarters to facilitate the groundwork for new peacekeeping operations.

GERHARD THERON (Namibia) said that his country subscribed to the views of the Non-Aligned Movement. For a peacekeeping operation to be successful, it should strictly observe the principles of sovereign equality, non- interference in the internal affairs of States and, above all, the consent of the parties to the conflict before any operation was undertaken. Any disputes in the mandates of activities to be carried out by United Nations personnel should be ironed out before the activities started. Adherence to those principles would undoubtedly minimize fatality among peacekeepers.

He said that his delegation would appreciate receiving information relating to staffing of the Department of Peacekeeping Operations after phasing out gratis personnel with respect to geographical representation. Turning to procurement, he said that the Procurement Division should not only endeavour to obtain access to a roster of potential suppliers from a broader geographical base, but that contracts should be awarded to companies from developing countries. Transparency in that regard was key. Countries paying their assessed contributions in peacekeeping operations in full and on time and troop-contributing countries should be given preferential consideration in awarding procurement contracts.

Namibia supported the strengthening of cooperation between the United Nations and regional arrangements. A meaningful partnership and enhanced cooperation should be developed between the United Nations and the Organization of African Unity (OAU) in conflict prevention, resolution and peace-building in Africa. However, cooperation should not diminish the role of the United Nations, and, in particular, of the Security Council. The United Nations should not be sidelined by regional arrangements in finding solutions or preventing conflicts. Furthermore, activities undertaken by regional and subregional arrangements must be strictly in accordance with Chapter VIII of the Charter. Any attempts to take unilateral action in the name of maintenance of international peace and security should be strongly discouraged.

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