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  1. I will focus on the need to better use existing mechanisms of international cooperation in combating Al Qaeda- related terrorism. As pointed out by many, the threat of terrorism is often connected to other criminal activities, such as money-laundering, the smuggling of weapons and international drug trafficking. Existing mechanisms for international cooperation in all of these areas could further contribute to our common effort. The presentation made by the Secretary General of INTERPOL to the Committee was very illustrative in this regard.

    2004-12-17 · UN Security Council · Security Council, S/PV.5104 (2004) · source

  2. We must react to the large amount of information and recommendations amassed by the Chairman and by the members of the Monitoring Team in their visits, so as to assure Member States of the usefulness of establishing direct contact with the Committee. The Team's recommendations regarding the improvement of the list should be heeded by the Committee, and the presentation of further proposals in this regard should be encouraged. By ensuring the credibility of the list and the applicability of the sanctions imposed, the Committee will be in a stronger position to counter perceptions that the combating of terrorism seems to be guided by "double standards". The need for a multidimensional approach in combating terrorism is my second topic.

    2004-12-17 · UN Security Council · Security Council, S/PV.5104 (2004) · source

  3. I would like to focus my remarks on two main points: the importance of the list of sanctioned entities and individuals and the need for a comprehensive approach to handling the question of combating terrorism. As pointed out by the Chairman in his presentation, the list remains the Committee's most important instrument of work. For that very reason, the need to keep it updated and relevant cannot be sufficiently stressed. As I have emphasized on previous occasions when we have received briefings by the Chairman, more clear and direct procedures for handling alterations to the list are necessary, as is the establishment of improved listing and delisting procedures, both of which should be linked to the assurance of due process for listed persons and entities.

    2004-12-17 · UN Security Council · Security Council, S/PV.5104 (2004) · source

  4. The adequate processing of all those inputs should allow for a more thorough understanding of the ongoing fight against Al Qaeda- related terrorism and for the identification of the most adequate mechanisms to proceed in that fight, including the fine-tuning of sanctions when applicable. The Monitoring Team is highly instrumental in that regard. The increased capacity for analysis provided by its assistance is an important contribution to the work of the Committee. In general, the Team has generated valuable recommendations focused on specific issues and on detailed analysis of information. Direct benefits from that able work are already evident, namely, in the recently approved technical revision of the list of entities and individuals under sanctions. We commend the work that has been done.

    2004-12-17 · UN Security Council · Security Council, S/PV.5104 (2004) · source

  5. My delegation would also like to congratulate Mrs. Carla Serrazi for her excellent work in support of the Committee's activities. Lastly, I would like to thank the Secretariat for its decisive contribution. (spoke in English) The Committee has gathered a considerable amount of important information, mainly from sources other than the direct processing of Member States' reports. I am specifically referring to the reports and recommendations submitted by the Monitoring Team, the two illustrative briefings by Professor Rohan Gunaratna and by INTERPOL Secretary General Ronald Noble and the visits by the Chairman and the Monitoring Team to several countries, covering every region of the world.

    2004-12-17 · UN Security Council · Security Council, S/PV.5104 (2004) · source

  6. Mr. Sardenberg (Brazil) (spoke in Spanish): I would like to thank Ambassador Heraldo Munoz for his enlightening briefing on the activities of the Al Qaeda and Taliban sanctions Committee during the last four months. As this is the Council's last meeting devoted to the Committee established pursuant to resolution 1267 (1999) before year's end, I would like to express my sincere gratitude for the excellent work done by Ambassador Mufioz at the head of the Committee. His dedication deserves our warmest congratulations, and I am pleased that the members of the Council have unanimously acknowledged as much. I would like to say that the skill with which Ambassador Mufioz has guided the Committee does not surprise us in the least, given what we know about his tenure as Chile's ambassador to Brazil.

    2004-12-17 · UN Security Council · Security Council, S/PV.5104 (2004) · source

  7. Humanitarian assistance must be afforded on the basis of need; it should not depend on political preferences. In his report, the Secretary-General has encouraged the Council to consider the links between peace and security and inadequate funding in certain crises. In conclusion, we have to work with all the required means to adopt concrete measures in order to alleviate the suffering of civilians who are trapped in situations of armed conflict. The most urgent task ahead of us should be implementation in the field.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  8. In countries emerging from conflict, disarming and demobilizing activities need to be matched with actions to reintegrate and rehabilitate ex-combatants into society through employment support and other income-generating projects. The core components of DDR programmes must be funded from the assessed peacekeeping operation budget in order to guarantee adequate and predictable funding. The lack of support for the so-called forgotten emergencies is an issue that needs to be addressed properly. If the horrors of some wars are quite often highlighted by the mainstream media, other crises appear, unfortunately, to be forgotten or ignored. We must ensure that humanitarian aid is allocated in a non- discriminatory, balanced and proportionate manner.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  9. In discussing peacekeeping mandates, the Council has included provisions on the protection of civilians on a case-by-case basis. We are advancing in this area, and we must continue to do so, especially in order to ensure the protection of women, children and other minority groups. While peacekeeping operations have been broadened, they have not been provided with adequate resources for the protection of civilians. For instance, disarmament, demobilization and reintegration (DDR) programmes, a key component of the protection agenda, remain continuously under- resourced, especially in the rehabilitation and reintegration phases.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  10. In this respect, my delegation will focus attention on possibilities such as the mechanism to provide better facts and statistics on protection, as mentioned by Under-Secretary-General Egeland this morning. The Security Council has an important role to play in the fight against impunity, with a View to ensuring that the gravest international crimes do not go unpunished. The Rome Statute calls for a close and cooperative relationship between the International Criminal Court (ICC) and the Council, and it provides that the Council may refer to the Court cases of genocide, war crimes or crimes against humanity. By bringing perpetrators to justice, the Court will be able to provide long-term deterrence, thus playing a fundamental role in protecting civilians in armed conflict.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  11. Law must be translated into concrete action. The primary responsibility to abide by law and to protect civilians from the ravages of war lies with belligerents. They must comply fully with international humanitarian law; but in contemporary conflicts, humanitarian law seems mostly neglected or deliberately breached. There is an ever-widening gap between existing international norms and respect for such norms. A concrete possibility that deserves careful attention and study is that of establishing a framework within which the United Nations could more regularly engage with regional organizations on humanitarian issues related to protection and access, as recommended by the Secretary-General in his latest report.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  12. Human rights abuses and gender violence are rampant." Actually, it could even be said that, in some wars, civilians seem to be the belligerents' preferred targets. The work of humanitarian actors has, in many cases, been hindered or prevented by denial or obstruction of access, poor security conditions and lack of resources. These are key challenges for the United Nations as a whole and for its humanitarian partners. The Council itself has achieved quite a lot in pushing forward the agenda for the protection of civilians. The time has come to reaffirm our commitment and agree on comprehensive, coherent and action-oriented approaches. The resolutions already adopted by the Council offer much potential for our work to advance. More effective use must be made of the set of rules that seek to limit the effects of armed conflict.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  13. Egeland presented to the Security Council his ten-point platform on the protection of civilians in armed conflict. Today's debate is a welcome opportunity to revisit this critical topic, address some of the most pressing issues and focus on concrete steps forward. As we are well aware, problems relating to protection have reached distressing dimensions, and, in paragraph 231 of the report of the High-level Panel on Threats, Challenges and Change (A/59/565), the diagnosis on the subject of protecting civilians is precise: "In many civil wars, combatants target civilians and relief workers with impunity. Beyond direct violence, deaths from starvation, disease and the collapse of public health dwarf the numbers killed by bullets and bombs. Millions more are displaced internally or across borders.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  14. First of all, I would like to express how pleased my delegation is to see you, Mr. Minister, presiding over the work of the Security Council today. Algeria's views on the crucial issues under consideration in the Council are always a valuable contribution. They broaden the perspective of analysis, thus adding value and credibility to the work of the Security Council. May I also emphasize my delegation's sincere appreciation to Ambassador Abdallah Baali for his performance as President of the Security Council for this month. Protecting civilians in armed conflict is one of the most challenging tasks facing contemporary international life, so I would also like to express my delegation's appreciation to Under-Secretary-General Jan Egeland for his comprehensive and thought- provoking statement. It has been one year since Mr.

    2004-12-14 · UN Security Council · Security Council, S/PV.5100 (2004) · source

  15. I wish also to associate our delegation with the thanks that were expressed to Ambassador Wang for the work he has performed, and say that we support the statement before us this afternoon.

    2004-11-19 · UN Security Council · Security Council, S/PV.5083 (2004) · source

  16. We note that the Somali Government favours the idea of the deployment by the African Union of peacekeepers, who would help with disarmament, demobilization and reintegration, among other tasks. Brazil has consistently supported reinforcement of African capabilities in peacekeeping, and certainly my delegation will give friendly consideration to the issue of possibly sending a peacekeeping mission to Somalia. The new President has also publicly manifested his intention to work towards a peaceful solution of the remaining conflicts. We hope he will persevere and work as hard as he can to dissipate fears of a resort to force. In our view, the Council must continue to lend its clear, unequivocal message of support to the national reconciliation process and to IGAD efforts.

    2004-11-19 · UN Security Council · Security Council, S/PV.5083 (2004) · source

  17. We value the role of IGAD and the relevant contribution of neighbouring African countries, which point to the strengthening of African conflict-solving capabilities. Nevertheless, despite all efforts, many roadblocks are yet to be overcome before peace can prevail. The security scene is a source of particular concern, and not all military factions participated actively in the negotiations leading to the transition. Consequently, not all of them are committed to its success. Businessmen and warlords continue to take advantage of the present situation. The African Union and member countries of IGAD are already discussing possible courses of action in response to the present crisis.

    2004-11-19 · UN Security Council · Security Council, S/PV.5083 (2004) · source

  18. I thank all those authorities who made presentations during this meeting for the help they are giving us in our consideration of the current situation in Somalia. Brazil has welcomed the election of the Somali transitional President, Abdullahi Yusuf Ahmed, who is among us, and I greet him. And we welcomed also the nomination of the Prime Minister of Somalia's new Transitional Federal Government. We hope those developments will be followed by further steps along the path of reconstruction of the frail State structures and legal system. Progress in the peace process would not have taken place without the efforts developed by the Intergovernmental Authority on Development (IGAD).

    2004-11-19 · UN Security Council · Security Council, S/PV.5083 (2004) · source

  19. We remain sure that the Secretary- General - to whom we express our profound recognition for his tireless work - will continue to keep the Council closely informed about the assistance to be provided. Given the historic burdens of the Sudan and its recent past, it seems clear by now that there is no military solution to the awesome challenges the country faces. The Council is able to play a beneficial role and there is room for manoeuvring in our quest for peace, as the Council is committed to the sovereignty, unity, independence and territorial integrity of the Sudan within the framework of the principles of good- neighbourliness, non-interference and regional cooperation, as stated in resolution 1574 (2004).

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  20. As our resolution shows, here in Nairobi our attention - while focused on the north-south negotiations - was also drawn to the humanitarian situation in Darfur. We trust that the future talks in Abuja will be strongly and positively influenced by the agreements reached in Nairobi under the auspices of the IGAD peace process. It is the view of my delegation and of many others that in the absence of a political solution to the issues of autonomy and power- sharing, among others, the already dire humanitarian conditions in Darfur will further deteriorate, as has actually happened in recent weeks. Whatever the longer-term prospects may be, continuing humanitarian assistance to the population of Darfur will be required. In conclusion, my delegation reaffirms the need for increased international support for the African Union in Darfur.

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  21. My delegation congratulates the parties on their decision today to sign the declaration on the conclusion of IGAD negotiations on peace in the Sudan, which reflects their commitment to reach a final agreement before the end of this year. Once signed, the agreement must be promptly implemented. In their efforts to do so, the parties should benefit from the support of the international community, which is already committed to broad participation in the donor conference to be organized by Norway. My delegation will leave Nairobi with a stronger belief that the transitional Government to be established not only will be committed to solving other conflicts in the country, but also will be better equipped to find long-lasting and fair solutions to them.

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  22. A vision for the future of the Sudan should include the ideals of multiculturalism, multi-ethnicity and tolerance, as well as shared power and shared natural resources. My delegation wishes to stress the importance of efforts by neighbouring countries aimed at a sustainable peace in the Sudan. It is encouraging that the countries in the region remain firm in their commitment to assist a peaceful and united Sudan that is capable of leading its own destiny in an environment of friendly and neighbourly relations. The resolution just adopted is based on the common understanding that the conclusion of the north-south negotiations is crucial and that few items still remain to be agreed upon.

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  23. The Government of the Sudan, the Sudan People's Liberation Movement/Army (SPLM) and, of course, the national mediators have reaffirmed their good faith and their political commitment to the prompt implementation of the agreements being reached. Taking that into account, and mindful of, the resolution just adopted, my delegation believes that - as others have already stated - peace is within reach. We strongly encourage all parties to conclude the negotiations, both in Nairobi and in Abuja, in a timely fashion. No matter how complex the situation in the Sudan, the current generation of Sudanese leaders has the opportunity to come to terms with history and with cultural and religious diversity, as well as to deal with suffering and long-delayed economic development.

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  24. I take this opportunity to pay tribute to President Kibaki and his counterparts in the Intergovernmental Authority on Development (IGAD) process for their remarkable diplomatic work and for their reaffirmation of African ownership of and responsibility for any initiatives aimed at enhancing the prospects for stability and sustainable peace on the continent. We have heard many authoritative presentations on and assessments of the current situation in the Sudan. The improvement of humanitarian and security conditions, the end of hostilities, stability and a fair and durable political settlement for the whole country are stated objectives of all the parties despite their differences.

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  25. Brazil took part in the consensus leading to the adoption of resolution 1574 (2004) this morning. I wish to congratulate you, Mr. President, and your delegation on the initiative of convening this important - even historic - meeting in Nairobi. We highly value the fact that for the past two days the Security Council has been considering issues of great relevance for Africa, in particular those relating to the Sudan and Somalia. The Brazilian delegation is particularly pleased to visit the sisterly country of Kenya. The fundamental purpose of the Council's being here in Nairobi is to make its contribution, under the United Nations Charter, to the peace process in the Sudan and to a comprehensive political settlement of the Sudanese situation.

    2004-11-19 · UN Security Council · Security Council, S/PV.5082 (2004) · source

  26. We note that NATO will remain engaged in tasks relating to defence system reform, among other matters, and will maintain its presence at Sarajevo headquarters. With the committed assistance and supervision of the international community, Bosnia and Herzegovina must remain firmly on the path towards the implementation of structural reforms. The success of the Council's endeavours in that country is an important element in the delicate political equation of the Balkans. It will not only help further the fight against instability and crime; it will also advance the broader effort to promote the flourishing of multi- ethnic, tolerant and democratic societies in the whole region.

    2004-11-11 · UN Security Council · Security Council, S/PV.5075 (2004) · source

  27. Against that backdrop, though, the recent initiative of the Republika Srpska authorities, apologizing for the first time for the massacre of Muslims in Srebrenica nine years ago, may be an important step towards more engaged cooperation on the part of the Serb authorities in efforts towards healing the deep wounds left by war and bringing to justice the perpetrators of those hideous crimes. The handing over of the mission in Bosnia and Herzegovina from the Stabilization Force to an EU-led force (EUFOR) is backed by significant improvement in the security situation on the ground and may yield positive dividends. EUFOR must continue to fulfil important tasks, such as arresting war criminals, monitoring and securing weapons and helping with armed forces reform.

    2004-11-11 · UN Security Council · Security Council, S/PV.5075 (2004) · source

  28. We note with satisfaction that the Bosnia and Herzegovina tripartite Presidency has confirmed its support for tax law reform and for the wider reform process aimed at preparing the country for meeting the European Union (EU) benchmarks. Nevertheless, progress in some areas remains slow and difficult. In that connection, I would mention the problem of refugees. Only a small number of the persons displaced by the 1992-1995 war have returned permanently to their homes. Republika Srpska should stop obstructing the necessary harmonization of legislation on refugees and displaced persons and other needed measures. In spite of the laudable efforts that have furthered the goal of unifying the city of Mostar, Croats and Muslims living there still remain segregated in practice.

    2004-11-11 · UN Security Council · Security Council, S/PV.5075 (2004) · source

  29. The Office of the High Representative has provided important assistance to Bosnia and Herzegovina's effort to build and develop the State structures for functional governance. The rule of law, economic reform, institutional strengthening and defence reform have all been significantly advanced in the period covered by the latest report. The drafting of new legislation has been a decisive element of that advance. Brazil encourages the country's authorities to redouble their efforts to eliminate bottlenecks that still hinder the drafting, adoption and implementation of much-needed reform legislation. The implementation of a number of laws establishing a true State-level defence system, an operative and cohesive police force and indirect taxation structures is crucial to set the country on the path to the next stage of the peace process.

    2004-11-11 · UN Security Council · Security Council, S/PV.5075 (2004) · source

  30. I would like to begin by stating that the Government and the people of Brazil received with deep emotion and great sadness the announcement of the passing away of President Yasser Arafat, a historic leader in the struggle of the Palestinian people for self-determination and independence. I would like to thank Lord Ashdown for his comprehensive briefing and update on recent developments in Bosnia and Herzegovina. The delegation of Brazil acknowledges the quality and intensity of his work in leading the implementation of the peace agreement. We also note with satisfaction the presence at this meeting of His Excellency Mr. Mladen Ivanic', Minister for Foreign Affairs of Bosnia and Herzegovina.

    2004-11-11 · UN Security Council · Security Council, S/PV.5075 (2004) · source

  31. Finally, as regards a fund to compensate victims of terrorism, if such a fund is to be created, we would prefer that its resources, based on voluntary contributions, be directed to victims in developing countries. In addition, it must be pointed out that expropriation of assets must also be subject to the rule of law and due process.

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  32. In the absence of a common View on terrorism, the development of a consolidated list of individuals and organizations classified as terrorists could lead to a politicization of the body and of the entire international campaign against terrorism. We welcome all efforts to bring about transparency in the work of the CTC, and especially in the activities of the working group. The monthly briefings of the presidency of the CTC will constitute a most welcome opportunity for Member States to follow that process. The work of the working group is to be carried out within the framework foreseen in resolutions 1373 (2001), 1535 (2004) and 1566 (2004). It is also our understanding that the need to observe the provisions of international law and due process should be taken into account during that process.

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  33. In our view, no constraints should be imposed on States' freedom to negotiate. I would like to make brief comments on the following specific issues. Defining terrorism falls under the functions and powers of the General Assembly, as foreseen in the Charter. In our view, resolution 1566 (2004) reflects compromise language that contains a clear important political message, but it is not an attempt to define the concept of terrorism. Brazil supports the establishment of an intergovernmental working group to consider possible measures regarding individuals, groups or entities involved in or associated with terrorist activities not encompassed by resolution 1267 (1999), regarding Al Qaeda and the Taliban, as foreseen in resolution 1566 (2004).

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  34. In our view, by limiting recourse to the provisions of Chapter VII to the situations in which they are clearly called for, the members of the Council would be strengthening their commitment to both the spirit and the letter of the Charter. The fact that the entire operative part of resolution 1566 (2004) remains under Chapter VII suggests that not enough emphasis was given to the possibilities made available by international cooperative action. Such tendencies are, in our opinion, both unnecessary and counter-productive, since the potential for cooperation in the CTC and the CTED are still quite underutilized. It is a matter of specific concern that the appeal to Member States to negotiate the terms of international conventions is made under Chapter VII. During the negotiations, that point was raised by other delegations as well.

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  35. In our view, the CTC and the CTED are structured and designed mainly to shelter States that are willing to cooperate but that are, for various reasons, unable to do so. The CTC, and by extension the CTED, is not to be likened to a sanctions committee. Therefore, we would not only welcome but also strongly recommend that all United Nations Members examine the possibility of approaching the CTC and the CTED in order to discuss possibilities and modalities for increasing cooperation. I wish to reiterate our view that the current practice of the Council is one of excessive resort to the use of Chapter VII of the Charter.

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  36. I wish to reiterate our deepest sympathies to the families of the victims of terrorist attacks. In our view, one of the most relevant tasks of the United Nations consists in fostering a coordinated response from the international community to terrorism. In that context, the most important roles of the CTC and the CTED are to persuade countries that it is in their own interest to take advantage of the valuable sources of cooperation made available to help them prepare to counter terrorism. It is also the obligation of the CTC and CTED not only to facilitate the actual offering of cooperation, but also to make sure that the assistance provided by third parties to the countries through the CTC is fully satisfactory.

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  37. I would like to thank the Chairman of the Counter-Terrorism Committee (CTC), Ambassador Andrey Denisov, for his comprehensive presentation about the work of the Committee. As a member of the Bureau, I wish to associate myself with his words - that will help me shorten my comments. I also express appreciation to the Executive Director of the Counter-Terrorism Executive Directorate (CTED), Ambassador Javier Ruperez, for his statement. Brazil participated in the consensus regarding the adoption of resolution 1566 (2004) this year in view of our firm commitment to counter-terrorism in all its forms and manifestations. That guiding principle of Brazilian foreign policy is, since 1988, a constitutional provision in Brazil. As we see it, no cause may justify attacks against innocent people.

    2004-10-19 · UN Security Council · Security Council, S/PV.5059 (2004) · source

  38. It is a matter of specific concern that the appeal to Member States contained in operative paragraph 5 is made under Chapter VII. During our negotiations, I noticed that this point was raised by several other delegations. In our view, no constraints should be imposed on States' freedom to negotiate the terms of international conventions. Brazil supports the establishment of the intergovernmental working group to consider political measures regarding individuals, groups or entities involved in or associated with terrorist activities, as foreseen in operative paragraph 9. It is our view that the need to observe the provisions of international law and due process should be taken into due account by the working group.

    2004-10-08 · UN Security Council · Security Council, S/PV.5053 (2004) · source

  39. Brazil participated in the consensus on the adoption of resolution 1566 (2004), in view of our firm commitment to counter terrorism in all its forms and manifestations, without any qualification whatsoever. In our view, operative paragraph 3 of resolution 1566 (2004) reflects compromise language that contains a clear political message, but it is not an attempt to define the concept of terrorism. I wish to reiterate our view that the current practice of the Council is one of excessive resort to the use of Chapter VII. In that regard, the fact that the entire operative part of the resolution just adopted remains under that chapter suggests that not enough emphasis has been given to the possibilities opened up by international cooperative action. We believe that such a tendency is both unnecessary and counterproductive.

    2004-10-08 · UN Security Council · Security Council, S/PV.5053 (2004) · source

  40. On my delegation's initiative, on behalf of the Common Market of the South, and with 141 sponsors in total, the General Assembly adopted in 2002 resolution 57/221 on the strengthening of the rule of law. On that occasion, we all recognized the role played by the Office of the High Commissioner for Human Rights (OHCHR) in supporting national efforts to strengthen the institutions of the rule of law. We all expressed our deep concerns about the scarcity of means at the disposal of OHCHR for the fulfilment of its tasks. The United Nations system, in particular OHCHR, should be given more resources to work with countries to strengthen national human rights institutions and to provide assistance, inter alia, in programmes related to the training of police, prosecutors, judges, lawyers and prison officers.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  41. We must give serious consideration to the Secretary-General's recommendations, such as setting up a roster of transitional justice experts and guaranteeing that they receive appropriate pre- deployment training. But we can achieve tangible results only with the necessary financial resources and highly qualified personnel for a solid investment in justice and in the rule of law, which requires a viable and sustainable funding mechanism. Brazil has always favoured a comprehensive approach that underscores the developmental nature of the rule of law in order to enhance the provision of support to countries for national capacity-building, a primary strategy in strengthening the rule of law.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  42. Now that the ICC is starting its work and is becoming able to provide long-term and robust deterrence, the confidence we have placed in its effectiveness should be borne out. Ultimately, the full credibility of the Court is directly proportional to its universality. We therefore encourage all States that have not done so to accede to or ratify the Rome Statute at the earliest opportunity. Today, the ICC counts nearly 100 States parties. We welcome the fact that the report rejects any endorsement of amnesty for genocide, war crimes or crimes against humanity, and ensures that the United Nations does not establish or directly participate in any tribunal for which capital punishment is included among possible sanctions.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  43. True reconciliation requires a delicate balance between the values of justice and peace. Together with democracy, those values are indeed mutually reinforcing imperatives, as mentioned in the report of the Secretary-General, and it is possible to promote all three in fragile post-conflict settings. To do so, the sensible timing and sequencing of the implementation of transitional justice processes need to be borne in mind. Brazil has wholeheartedly supported the establishment of the International Criminal Court (ICC) as a permanent and independent tribunal to promote the rule of law and to ensure that the gravest and most heinous international crimes do not remain unpunished.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  44. On the subject of transitional justice in post- conflict societies, some key issues should be highlighted. We need carefully to consider the particular rule of law and justice needs in each country. Local consultation and ownership are very important elements, especially in that which concerns the victims themselves. The dynamic is different in each experience and a distinct and calibrated combination of mechanisms will be required. For instance, it is necessary to make the relationship between courts and truth commissions conform to specific situations. Reparations programmes to victims of gross violations of human rights are also an essential element, as are vetting processes. At the same time that we take into account the rights and needs of victims, we must recognize and respect the rights of accused persons.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  45. In a post-conflict setting, the cycle of violence can be broken and the recurrence of conflicts can be effectively prevented. Adherence to the rule of law entails the observance of the principles of equality before the law, separation of powers, democratic governance and social justice, among other fundamental precepts. The rule of law must be consistent with international human rights norms and standards. Respect for human rights is even more imperative in post-conflict scenarios, where the protection of persecuted minorities is urgently needed. Helping shattered societies to re-establish the rule of law and address past abuses in order to achieve reconciliation involves a range of complexities. It is a critical task that in many settings requires the engagement of the international community.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  46. Mandates recently adopted by the Council include important rule of law and justice components in missions such as those in Cote d' Ivoire, Liberia and Haiti. In those multidimensional peacekeeping operations, the United Nations plays a major role in formulating and implementing long-term post-conflict initiatives, not only towards development and democracy but also in relation to the strengthening of the rule of law. All of those objectives are interdependent and mutually reinforcing, and contribute to build sustainable peace in war-torn societies. Where an independent and impartial judiciary is functioning, justice tends to be pursued and done, rules are fairly applied and, as a result, people trust their legitimate institutions.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  47. It is indeed our major responsibility to instil, uphold and restore greater respect for the rule of law, not only at home but also throughout the world. In particular, all Member States have an unquestionable and overriding duty to abide by the United Nations Charter and, in the present case, by international human rights, humanitarian, refugee and criminal law. May I add that we took note with interest of the points raised by the Secretary-General in his report, and specifically when he comments that "We must learn... to eschew one-size-fits-all formulas and the importation of foreign models, and, instead, base our support on national assessments, national participation and national needs and aspirations". (S/2004/616, summary) Much can be done by the United Nations in the domain of the rule of law.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  48. Mr. President, my delegation wishes to thank you for convening this open debate. We are also grateful to the Secretary-General for his thorough report on this increasingly important topic regarding justice and the rule of law, and for the concrete recommendations he has put forward. I should also like to thank the Chilean delegation for having organized an Arria-formula briefing together with representatives of non-governmental organizations who provided many valuable and insightful comments on the subject. Last but not least, I should also like to thank Special Adviser Juan Mendez for his highly valuable participation in our meeting. Brazil fully supports the Secretary-General's statement to the General Assembly on 21 September.

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  49. While expressing our support for the call for a ceasefire, made by the Secretary-General in his note dated 3 October, our delegation hopes that, with the engagement of the international community, the parties involved in the conflict will halt the spiral of violence so as to enable a resumption, as soon as possible, of peace talks, in accordance with the parameters established by the road map. We recall that the plan foresaw the creation, in 2005, of a Palestinian State - one that is sovereign, independent, contiguous and economically viable.

    2004-10-05 · UN Security Council · Security Council, S/PV.5051 (2004) · source

  50. Brazil voted in favour of the draft resolution on the situation in the Middle East on which the Security Council has just taken action. The Brazilian Government strongly deplores the acts of violence carried out on the northern border of the Gaza Strip, in particular the offensive conducted by Israeli military forces during the operation code-named "Days of Penitence", which began on 29 September and has resulted in more than 70 casualties and more than 250 wounded. It is greatly distressing that the escalation of violent acts has affected a large number of civilians, including children.

    2004-10-05 · UN Security Council · Security Council, S/PV.5051 (2004) · source