Fifty-seventh General Assembly

Sixth Committee

6^th Meeting (AM)

LEGAL COMMITTEE HEARS CALLS FOR STEPS TO EXPAND PROTECTION

OF UNITED NATIONS PERSONNEL ON PEACE-RELATED MISSIONS

Members Note Limitations of Existing Convention;

Measures Recommended by Secretary-General Are Reviewed

The Sixth Committee (Legal) this morning concluded its discussion of measures to enhance the protection of United Nations and other associated personnel involved in United Nations operations.

Representatives urged the strengthening and incorporation of key provisions of the 1994 Convention on the Safety of United Nations and Associated Personnel in the various agreements related to peacekeeping and peace-building operations.  Some called for expansion of the scope of the Convention to cover humanitarian non-governmental organizations not currently provided for.

The representative of Angola, however, said that even though his country recognized the important role such organizations played in the humanitarian fields, it could not provide them with any special status, even if they were under an agreement with the United Nations or with any of its specialized agencies.  He said national or international non-governmental organizations must respect domestic regulations where they served.

China said it was difficult to imagine that United Nations and associated personnel could be protected without the cooperation of host countries.  Its representative observed that the Convention had not been implemented in the three years since it entered into force in 1999; that could be directly linked to the fact that few host countries to United Nations operations were among the 63 State parties to the Convention.

The representative of Kenya, a leading troop-contributing country, said it had had its share of casualties:  four of its troops had died in hostile action; 23 had been seriously injured, and a larger number had sustained minor injuries.  His delegation strongly believed that most of the casualties could have been averted had the legal regime on protection been strengthened. 

The Sixth Committee debate on the subject, which began yesterday, was based on a report of an Ad Hoc Committee established by the General Assembly to examine recommendations of the Secretary-General on measures to strengthen and enhance the protective legal regime for United Nations and associated personnel.

At its meeting last April, many of the Ad Hoc Committee members expressed

general agreement with short-term measures to strengthen the regime proposed by

the Secretary-General.  These included the incorporation of key provisions of the 1994 Convention in the status-of-forces or status-of-mission agreements concluded between the United Nations and States in whose territories peacekeeping operations were deployed, as well as in host country agreements. 

Also speaking in the discussion this morning were the representatives of Denmark (for the European Union), Croatia, Canada, Uganda, Malaysia, Fiji, Russian Federation, Romania, Brazil, Japan, Ecuador, Poland and Uruguay.

The Sixth Committee meets again tomorrow, Wednesday, 2 October at 10 a.m. to discuss the Status of the Protocols Additional to the Geneva Conventions of

1949 and relating to the protection of victims of armed conflict.

Background

The Sixth Committee (Legal) met this morning to continue its debate on the Secretary-General’s report on measures to strengthen and enhance the protective legal regime for United Nations and associated personnel involved in United Nations operations, contained in document A/55/637.  Also before the Committee is a report by an ad hoc committee established by General Assembly resolution     56/89 (document A/57/52) which examined the Secretary-General’s recommendations at a session last April.

(For details of the reports, see Press Release GA/L/3206 of 30 September 2002).

Statements

MARTIN KOFOD (Denmark), speaking for the European Union, said the Secretary-General’s report painted a bleak picture of the conditions under which United Nations and associated personnel performed their indispensable tasks.  It was totally unacceptable that the situation had not improved and that people still lost their lives.  The European Union found it intolerable and requested that measures be taken to remedy the situation.  The Union urged all States to become party to the Convention, in particular States hosting United Nations operations.  He looked forward to the debate on how to implement the short-term measures, including a time-frame, as well as a continued debate on how to deal with the long-term measures.

IRENA CACIC (Croatia) said that as a troop contributor and, until recently, a host country to a number of different forms of United Nations presence, Croatia was keenly aware of the dangers and security risks faced by those working in the peacekeeping and relief fields, and the role that legal protection played.  She welcomed the support which the Secretary-General’s recommendations on short-term practical measures had received, and believed it would lead to concrete improvements.

Her delegation believed that the limitations of the 1994 Convention on the Safety of United Nations and Associated Personnel could be overcome only through an amendment.  It believed that discussions on the issue should continue within the working group of the Sixth Committee.

DEBORAH CHATSIS (Canada) said her country was committed to enhancing the security of United Nations and humanitarian personnel, through the strengthening of the United Nations security system, as well as through improving the international legal protection.  The attacks over the past five years had highlighted the need to strengthen the protection offered by the Convention.  The Committee must look at how to promote the universality of the Convention as well as its actual implementation by States parties, the United Nations and the Secretariat.  Also, gaps remained in the international legal framework.  The proposed short-term measures could provide an interim mechanism to strengthen the application of the Convention.  Further discussion on the various proposals for long-term measures was warranted.  There were some valuable ideas in that category of measures, such as the issue of the application of the Convention to United Nations operations other than peacekeeping operations, as well as the issue of coverage for people working alongside a United Nations operation.

ROSSETTE NYIRINKINDI KATUNGYE (Uganda) said that while she supported incorporating key provisions of the Convention into status-of-forces and    status-of-mission agreements, there should be clarification on what the key provisions were so that there was a common understanding.  Citing concern over the dangers to United Nations and associated personnel deployed in highly volatile situations, she said the attacks were criminal acts that must be penalized by national laws.  At the same time, United Nations and associated personnel must observe the laws of the country in which they were posted.  She supported the call for an examination of the underlying causes for non-compliance with the Convention.  Amendments to the Convention should cover United Nations staff of non-peacekeeping missions and there should be no distinction among United Nations personnel.

DANIEL KOTTUT (Kenya) said his country was one of the leading troop-contributing countries.  To date, it had contributed well over 10,000 personnel to United Nations Peacekeeping Operations, with 1,841 now serving in different missions.  Kenya had had its share of casualties and wounded, most of which could have been averted and could be averted in the future if the legal regime on protection was strengthened.  He agreed that key provisions of the Convention should be incorporated into status-of-forces, status-of-mission and host country agreements.  He also favoured an arrangement where host nations had to denounce attacks and take necessary measures, and where peacekeepers were provided with a robust mandate.  Kenya would soon become a party to the Convention.

MASTIKA JUNAIDAH HUSIN (Malaysia) said there was merit in the incorporation of the key provisions of the 1994 Convention into status-of-forces and status-of-mission agreements, as well as host country agreements.  To provide a balance, she said, other key provisions of the Convention, such as the need for the personnel to respect the laws and regulations of the host country, should also be included in the agreements.

Malaysia supported the proposal for a resolution to cover the incorporation of the key provisions in the agreements.  Malaysia supported the recommendation to extend the scope of the Convention to cover personnel of humanitarian non-governmental organizations, thus dispensing with the requirement of a contractual link between their organizations and the United Nations.

ASENACA ULUIVITI (Fiji) said her country, as a State party to the Convention, had a strong interest in the extension and strengthening of its provisions.  Further deliberations were necessary on the long-term aspects of the Convention's application.  They deserved more focused deliberations, leading to consensus.  She supported the extension of the application of the Convention’s provisions beyond peacekeeping operations, and to cover other personnel. 

DMITRY LOBACH (Russian Federation) stressed the need for a balanced approach to the consideration of the topic and for a responsible decision.  The Secretary-General’s recommendations merited serious consideration, he said, and he welcomed the report of the Ad Hoc Committee.  The 1994 Convention on the Safety of United Nations and Associated Personnel involved in United Nations operations was a balanced document, reflecting the will of its many parties.  Any attempt to introduce amendments would impede accession to the Convention, although there was a need to enhance its universality.  The Ad Hoc Committee had achieved agreement on short-term measures that could meet the shortcomings of the Convention without removing its effectiveness.  His delegation agreed with the incorporation of key provisions of the Convention into status-of-forces and status-of-mission agreements, as well as host country agreements with the United Nations.

His delegation believed the Secretary-General was entitled to initiate the adoption of a declaration by the General Assembly or the Security Council if he saw the need for that.  It supported the elaboration of a model agreement between the United Nations and humanitarian non-governmental organizations.

SU WEI (China) referred to the recommendations that key provisions of the Convention be incorporated into status-of-forces, status-of-mission and host country agreements, a procedure by which the Secretary-General could initiate a declaration of “exceptional risk”, and whereby the Secretary-General be designated as the “Certifying Authority”.  It was already within the Secretary-General’s power to put those measures into practice, without additional authorization by the Assembly or the Council, and China hoped to see the measures implemented soon.  However, China was cautious about amending the Convention.  To date, the protective regime under the Convention had yet to be implemented.  The possible shortcomings or deficiencies had yet to be found out through state practice.  The urgent task was to achieve universality of the Convention.  Few of the current States parties were host countries to United Nations operations.  It was difficult to imagine that United Nations and associated personnel could be protected without the cooperation of host countries.

IOANA STANCU (Romania) said general support had been expressed for incorporating key provisions of the Convention into status and host country agreements.  It was also widely believed that the Secretary-General already had the authority to proclaim a declaration of exceptional risk.  As to the long-term measures on extending the application of the Convention to all United Nations operations, the optimal solution to problems that had been identified remained a protocol.  She looked forward to discussing the implementing of the short-term measures as well as a substantive discussion on the longer-term issues.

MARCEL BIATO (Brazil) welcomed the decrease in the number of deaths of United Nations and other personnel.  While he hoped that trend continued, one could not ignore the persistent risks and the unacceptably high number of casualties and injuries in connection with United Nations operations.  Important measures had been proposed that would have a lasting impact on how the Convention was implemented.  The measures went a long way toward addressing the gaps left in the legal protective regime.  The fact that most host countries of United Nations operations had not joined the Convention was of concern and should be examined.  Brazil endorsed the proposals to update the existing model for status agreements.  However, it remained to be convinced of the benefits of the proposals concerning the Secretary-General and the declaration of an exceptional risk and as the Certifying Authority.  Despite the Convention’s well known limitations, the international community should strive to promote its universality and enhance its legal regime of protection.

JOAQUIM AUGUSTO MANGUEIRA (Angola) said his country had been considering the creation of conditions to ensure the safety and security of all foreigners resident in Angola, including representatives of non-governmental organizations.  Any attack upon United Nations personnel, or on the rights or liberty of any foreigner, was punished severely according to the Angolan criminal code.

He reiterated the concerns his government had about certain issues raised in the Secretary-General’s report which the Angolan delegation mentioned at the meeting of the Ad Hoc Committee last April.  As his delegation indicated at that meeting, the Convention had been ratified only by a third of United Nations Member States and it was difficult to determine its failures.

Angola recognized the important role of non-governmental organizations in humanitarian fields, but was convinced that it could not provide them with any special status, even those with agreements with the United Nations, or its specialized agencies.  Angola at this stage could not therefore accept the modification of the Convention or expansion of its scope.

His delegation believed that realities on the ground had to be taken into account in any resolution concerning the incorporation of the Convention’s key provisions into agreements with host countries in order to ensure the safety and security of United Nations personnel.

SHUICHI AKAMATSU (Japan) said all members of the Security Council should take the lead in ratifying the Convention, and should urge States hosting United Nations operations to do the same, thereby ensuring the safety of United Nations and associated personnel in those countries.  He hoped the key provisions of the Convention would be incorporated in future status-of-forces agreements with host countries, as had happened between the United Nations and the Democratic Republic of Timor-Leste last May.  He also hoped that the short-term measures discussed at the Ad Hoc Committee meeting would be put into practice for other operations.

Japan said it was crucial that the scope of the Convention be expanded to include, under a clear definition, those who were not yet covered under the Convention, such as personnel of humanitarian non-governmental organizations.

MARCELO VAZQUEZ (Ecuador) stressed the significance of the progress made by the Ad Hoc Committee at its session last April.  He was pleased about the consensus reached on the need to strengthen protection for United Nations and associated personnel involved in United Nations operations.  He was also pleased about the general agreement to incorporate key provisions of the 1994 Convention in the various agreements related to the operations.  He said the Secretary-General had the authority to initiate a declaration by the General Assembly or the Security Council concerning the risky nature of the operations.  It was important that a resolution be approved by the Sixth Committee to cover the incorporation of those provisions.

In addition to further refinement of short-term measures to enhance the protection of United Nations and associated personnel, there should be further efforts to improve the provisions of the Convention for the longer term.

PIOTR OGONOWSKI (Poland) said the issue was of great concern to his country.  General consensus had emerged on proceeding with the short-term measures, in particular the proposal to incorporate key provisions of the Convention into status of-forces, status of-mission and host country agreements.  The adoption of those measures would help improve the safety protections of United Nations personnel without having to wait on agreement on the more ambitious long-term measures.  The most important task before the Committee was addressing the  longer-term measures.  It must decide whether the scope of the Convention adequately covered those who needed to be protected.  If the Convention were found lacking, a protocol could be useful in addressing the gaps.

SUSANA RIVERO (Uruguay) expressed the hope that that work on the issue would be continued through a working group of the Sixth Committee.  She looked forward to working with others to enhance the effectiveness of the legal regime of protection, both through short- and long-term measures.

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