YouSaid · the spoken record

Stagno Ugarte

lines on the record: 121
first: 2003-03-27
most recent: 2017-05-25
sittings or episodes: 12
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“In the meantime, the sanctions committees established by the Security Council to verify compliance with those embargoes were incapable of taking more effective action. But sanctions committees are political bodies that do not have the technical capacity for genuine verification. For that reason, we deem it necessary to consider creating within the Secretariat a mechanism that would proactively monitor the implementation of arms embargoes and provide technical support to the political work done in the sanctions committees.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“In addition, the draft calls for the adoption of innovative precautionary measures that, in principle, should be borne in mind in authorizing any arms transfer. We hope that this draft will become a model for internationally binding agreements that, once adopted, will facilitate coordinated and specific action aimed at regulating arms transfers. The Security Council must devise new mechanisms to ensure compliance with arms embargoes. The most recent report of the Secretary- General makes clear once again that compliance with recommendations on embargoes continues to fall short. We need only recall that, in 2001, 54 countries were linked to transfers or resales, in express violation of existing arms embargoes.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“The text further stipulates a number of restrictions on transfers that devolve directly from existing obligations on States under international humanitarian law, such as the ban on the use of weapons or weapons whose effects are deemed to be indiscriminate or excessively cruel. Additionally, the draft establishes a number of bans on weapons transfers when it is foreseeable that they will be used in violation of the Charter of the United Nations, to commit serious violations of human rights or of international humanitarian law, or to perpetrate genocide or crimes against humanity. The ATT does not seek to create new obligations. It seeks simply to spell out categorically the logical and necessary consequences of existing norms and principles.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“The ATT sets a series of limitations on the arms trade that are based on existing obligations under international law and on expected use. It encompasses existing obligations stemming from the Geneva Conventions, the Mine-Ban Treaty and the Convention on Genocide, with a View to the incorporation of those criteria into the national legislation of each State. It is time to put an end to the irresponsible trafficking in weapons, and time to empty the arsenals of illicit weapons. To date, nine Member States, including a permanent member of the Council, have publicly expressed their support for such an initiative, and Costa Rica is honoured to be one of them. As a basic principle, the draft framework convention establishes that authorization is required for all arms transfers.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“While we welcome and are grateful for the Secretary-General's report, and we fully agree with its 12 recommendations, we regret the fact that no reference is made therein to the need to draft an international and legally binding instrument that would put an end to all irresponsible sales and transfers of weapons which contribute to violations of international humanitarian law and of human rights. Because we are sickened and horrified at the bloodshed and its unconscionable nature, we decisively and enthusiastically support the Arms Trade Treaty (ATT), and we appeal to all Member States that are committed to transparency in the arms trade and to full respect for of human rights to support that preventive instrument.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“However, with a few exceptions, we have followed a path based on a misunderstanding of security, which has left us completely vulnerable to poverty, ignorance and epidemics. We have given priority to a kind of security that has consumed a considerable portion of the limited resources available and has hampered and halted development. In 2001 alone, more than 16 billion units of ammunition were manufactured - that is, more than 2 bullets per person on the planet. That means that we all are targets and that, every minute of every hour of every day, a person dies.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“In a world of limited resources where all States must establish spending priorities it is incomprehensible that developing countries - which include my own - spend 22 billion dollars a year to purchase weapons, when that amount would enable us to achieve the Millennium Development Goals with regard to universal primary education and to reducing infant mortality, for example. The overstockpiling and underdevelopment equation is a sad reality, which, unfortunately, continues to drain many of our peoples. Security is not achieved by increasing the number of weapons, as history has shown far too often. It can, however, be achieved by righting wrongs, overcoming deficiencies, pursuing shared objectives and disseminating universal values.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“We should ask ourselves seriously if the 191 Member States of the United Nations have the political will to regulate the international trade in weapons in order to eradicate those practices, transfers and sales that, due to a lack of transparency and conscience, have irresponsibly contributed to the proliferation of death and the violation of the entire range of human rights. In the past five decades we have not seen the exercise of responsibility stemming from Article 26 of the Charter, although that explicitly recognizes the link between disarmament and development by entrusting this body with establishing arms control systems in order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“The action of the international community in the area of small arms and light weapons must go far beyond marking and implementing existing arms embargoes. It is now time to look at the problem of small arms from a human rights perspective. It is now time to ban the transfer of military materiel and personnel and financial and logistic support to those States whose military units or security forces participate in systematic violation of human rights. It is now time to ban the sale of weapons to those who do not respect democratic principles or who have not ratified the main human rights instruments and international humanitarian law.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“Mr. Stagno Ugarte (Costa Rica) (spoke in Spanish): Mr. President, we are pleased that under your presidency the Security Council once again has recognized the harmful impact of the proliferation of small arms and light weapons and consequently has decided to include this item on its agenda. This body has already adopted a number of valuable recommendations, such as the request that all States use end-user certificates in their arms transfers. There was an appeal to weapons-exporting countries to shoulder greater responsibility, an invitation to establish national registers of arms brokers and an appeal for sanctions against those who violate arms embargoes. The implementation of all of all of these recommendations is essential but not sufficient.”
2005-02-17 · UN Security Council · Security Council, S/PV.5127Resumption1 (2005) · source
“Finally, combating terrorism must become a permanent, regular activity of the United Nations. My delegation is convinced that the only way we can enhance United Nations action against international terrorism is by assigning the task to an impartial professional standing body situated at the core of this institution. In that context, I would like to reiterate the proposal made in the General Assembly on 21 September by the President of Costa Rica, Dr. Abel Pacheco de la Espriella, in which he proposed the establishment of a United Nations high commissioner on terrorism. His proposal is presented in a letter addressed by our Minister for Foreign Affairs to the Secretary-General, which appeared as document S/2004/758. We invite the Security Council to examine that initiative in depth.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“It is therefore necessary to permanently institutionalize the special and temporary provisions in Security Council resolution 1373 (2001). It is indispensable that we integrate assistance mechanisms for States, which are now scattered among the Terrorism Prevention Branch - a subdivision of the United Nations Office on Drugs and Crime - and the Counter-Terrorism Executive Directorate. We must incorporate the work of the High Commissioner for Human Rights in the work of both the CTC and the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban. Furthermore, it is imperative that we involve all the Member States of the United Nations in defining the policies of the Organization concerning counter- terrorism, thus, returning the initiative to the General Assembly.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“Similarly, we appeal to the Counter-Terrorism Committee (CTC) to promote respect for fundamental rights and guarantees as a method of preventing terrorist acts. My delegation welcomes the adoption by the Security Council on 12 August 2004 of the organizational plan of the Counter-Terrorism Executive Directorate (CTED). However, we feel that this is just a temporary measure. Costa Rica believes that the United Nations must adopt a single permanent and centralized policy to prevent, prosecute and punish international terrorism. It is imperative that the United Nations take the lead in combating international terrorism, through the adoption of a consistent strategy that promotes multilateral coordination and multifaceted action against such crimes.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“Furthermore, my delegation notes with interest the establishment of a working group to consider new, practical measures and procedures to deal with international terrorism carried out by groups that are not part of the Al Qaeda and Taliban network. We feel it is indispensable that any measure recommended to the Council by the group be consistent with international human rights law and international humanitarian law, and in particular, the principles of due process and non-refoulement. We urge the working group to consider and adopt clear-cut guidelines so that the inclusion or exclusion of persons from the list of sanctions scrupulously respects the highest possible international standards of evidence and due process.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“Under the Charter, its mandate is confined to specific situations or specific disputes that endanger international peace and security. It can adopt binding measures only insofar as those measures are designed to resolve specific conflicts or deal with specific situations. The adoption of norms with general application is the prerogative of the international community as a whole, and is accomplished by negotiating treaties or through the formation of binding customary law. We agree fully with the distinguished delegation of Brazil that there was no need to adopt those two paragraphs, under Chapter VII of the Charter.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“As regards the principle of ant dedere aut judicare referred to in operative paragraph 2, we must recognize that this is not yet part of international common law. Therefore, it must be incorporated into international treaties on legal cooperation, if it is to be truly effective. Similarly, operative paragraph 3 does not meet the requirements, from a technical legal point of view, for functional definition of a crime. We understand that these two paragraphs are political statements, and not legal enactments, however, we would like to highlight that the Security Council can not carry out a task of codifying international criminal law, because that task is incumbent on the international community as a whole. The Security Council is not a legislative body.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“My delegation interprets the recent adoption by the Security Council of resolution 1566 (2004) as sending a new signal of its resolute desire to confront international terrorism. Costa Rica welcomes the sixth preambular paragraph of the resolution, where the Council reminds all States that any measure taken to combat terrorism must be consonant with international law and, in particular, human rights law, humanitarian law and the rights of refugees. We note with equal gratitude that the resolution emphasizes legal and police mechanisms to combat terrorism. Practical experience has shown us that this is precisely the type of action that is most effective in preventing international terrorism.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“As the Secretary-General said, "By its very nature, terrorism is an assault on the fundamental principles of law, order, human rights and the peaceful settlement of disputes upon which the United Nations is established" (S/PV.4618). That is why we categorically condemn terrorism in all its forms and manifestations, irrespective of where it happens or who its sponsors are. There is no political, philosophical, racial, ethnic or religious justification for that crime. It goes without saying that the two most important events in the last three months as regards counter-terrorism in the United Nations were the adoption of resolution 1566 (2004) and the adoption of the plan for the Executive Directorate of CTC.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“Mr. Stagno Ugarte (Costa Rica) (spoke in Spanish): First of all, I would like to congratulate you for having convened this debate on the work of the Security Council's Counter-Terrorism Committee exactly at the time when the General Assembly is examining international terrorism. We trust that this auspicious convergence will enable the members of the Security Council to hear the opinions of the other members of the international community as regards the direction that United Nations activities against international terrorism should take. Counter-terrorism is one of the greatest challenges before the international community.”
2004-10-19 · UN Security Council · Security Council, S/PV.5059Resumption1 (2004) · source
“From this perspective, it is worth considering the possibility of including an item on the rule of law on the General Assembly's agenda.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“From this perspective, my delegation supports option C in the working paper prepared by the three delegations - in other words, my delegation supports the creation of a new division entrusted with the promotion of justice and strengthening the rule of law. Finally, promotion of justice and strengthening the rule of law cannot be confined only to post-conflict situations. Justice is a delicate organism that requires, in all climates, and under all latitudes, constant care if it is to flourish. The promotion of justice and strengthening the rule of the law by the United Nations cannot be limited only to exceptional situations falling under the Security Council's responsibilities. This should not be the case. Our Organization must promote justice and the rule of law in every single nation of the world.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“Mixed tribunals are even more dubious, because they do not have sufficient budgets; and, despite all the efforts of the Secretariat, they do not always provide the minimum guarantees of due process. Furthermore, we fully agree with the delegations of Finland, Germany and Jordan in saying that institutional reform is necessary so that this Organization can contribute effectively to the promotion of justice and the strengthening of the rule of law. We cannot allow a task of such importance to be spread out among 11 different organs and departments. We agree with the aforementioned three delegations that this task must be assigned to a centralized body. However, such an administrative streamlining should not create any further confusion in the chain of command or in the internal hierarchy of the Secretariat.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“As the Secretary-General has said, it is now essential that the international community provide this new institution with the required resources and support so that it can investigate, prosecute and try those responsible for war crimes, crimes against humanity and genocide. We appeal to everyone to continue strengthening the Court. My delegation objects to any future establishment by the United Nations of special or mixed criminal tribunals. First of all, the ICC is a viable and economic alternative. Secondly, while such tribunals of a special nature did have a salutary effect at the outset, their costs have snowballed, and they have fallen prey to countless difficulties that have prevented the prompt and effective administration of justice.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“Costa Rica fully supports the Secretary-General's recommendation that the Organization should not participate in any tribunal that can hand down a death sentence. In cases in which a State is either incapable or unwilling to try the perpetrators of the most serious crimes, the international community must - and I emphasize must - have recourse to the International Criminal Court, which is a standing impartial body with judges who enjoy the highest possible moral and professional qualities that can provide the correct administration of international justice. The International Criminal Court is a bulwark against impunity and legal uncertainty. We call on the Security Council to in future make full use of the option of submitting particular cases to the International Criminal Court.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“At the same time, we believe that the Organization must promote any mechanism for reconciliation and social reintegration that will make it possible to overcome the trauma of armed conflict. To the extent possible, every society should design its own mechanisms for reconciliation. With regard to serious cases in which it is necessary to ensure the administration of justice, the United Nations must ensure that legal processes fully respect the rights of accused persons to due process and that places of detention are in full conformity with minimum standards for the treatment of prisoners. Costa Rica is extremely concerned at seeing traditional mechanisms being used to dispense justice, for those usually do not include minimum guarantees to protect the basic rights of accused persons.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“From the judicial perspective, the international community must lend assistance and technical support to courts and police in order to increase their effectiveness, legitimacy and independence while protecting individual rights. As the Secretary-General correctly stated in his report, all those elements are interdependent, and all require joint action. The administration of justice in transitional situations is particularly important in cases where grave violations of international humanitarian law have occurred: genocide, crimes against humanity and massive violations of human rights. Such situations require both justice and reconciliation. My delegation fully agrees with the Secretary-General that we must never extend amnesty to the perpetrators of such crimes.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“From a judicial point of View, the rule of law must provide remedies in order to correct any violations or harm done when the legal order is violated, as well as to protect the fundamental rights of individuals. Promoting the rule of law in transitional situations at the end of armed conflicts requires action in all three dimensions. The United Nations must assist communities in transition to adopt a clear-cut, fair and impartial legal framework that guarantees full respect for the human rights of all citizens. From the administrative point of View, the Organization must promote responsible governance that democratically responds to the aspirations of people while providing genuine accountability for its own activities.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“It is also essential that Government authorities be subject to a rigorous set of standards that circumscribe the scope of their actions and protect private citizens from any abuse of power on the part of the State. In that connection, we can identify three different dimensions of the rule of law: the legislative, the administrative and the judicial. From the legislative perspective, the rule of law demands transparency, clarity and moderation in the promulgation of laws. Legislation must protect and guarantee the fundamental rights and freedoms of all individuals. From the administrative point of view, the rule of law requires a conscious effort to circumscribe the use of State authority in order to protect an individual's sphere of action. Any abuse of power or instance of corruption by public officials is a violation of the rule of law.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“In that context, the promotion of justice and the strengthening of the rule of law are essential elements in the promotion of international peace and security, in the domestic stability of countries that have experienced armed conflict and in the sustainable development of all the nations of the world. The concept of the rule of law goes beyond the mere administration of justice when legal standards are violated. The rule of law is an essential aspect of democratic governance. The rule of law means that all persons, physical and legal, must be subject to a body of clear, precise and pre-existing laws that provide legal clarity as to what types of actions are prohibited and that establish a framework of minimum guarantees for an individual's freedom of action.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“Mr. Stagno Ugarte (Costa Rica) (spoke in Spanish): Allow me, first of all, to thank you, Mr. President, for having convened this open debate of the Security Council to take up the role of the United Nations in promoting justice and the rule of law. I would also like to thank the Secretary-General for his valuable report, as well as the delegations of Germany, Finland and Jordan for the informal working document they have prepared as a contribution to our deliberations. As the Secretary-General rightly stated in his report, peace, justice and democracy are fundamental prerequisites that reinforce each other. There can be no peace if there is no democracy. There can be no democracy if there is no legal certainty and an effective and impartial judiciary. There cannot be justice without peace and a legitimate and responsible Government.”
2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source
“Terrorism has adverse effects not only on international peace and security, but also in the areas of human rights, governance and economic and social development. From that point of View, the coordination of the international fight against terrorism must be assigned to an independent and permanent body located within the organic structure of the United Nations. We believe that the time has come to seriously study the possibility of establishing the office of a United Nations high commissioner against terrorism, which could also assist not only the Security Council but also the General Assembly and the Economic and Social Council. Only in that way can we properly respond to the challenge of international terrorism.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“With respect to the revitalization objectives, we believe that in the future, the CTC should place more emphasis on cooperation on operative aspects, should focus its attention on States that have not complied with their obligations in conformity with resolution 1373 (2001) and, above all, give respect for and promotion of human rights priority as an essential part in the fight against terrorism. With respect to the establishment of a CTC Executive Directorate, we believe that, this should be a temporary measure, while a permanent body is established within the United Nations to fight terrorism. Indeed, the fight against terrorism should become an ongoing activity of the United Nations.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“The CTC should not only verify the implementation of the punitive or preventive provisions of those conventions, but should also verify the implementation of standards that protect the human rights of the Victims and of the accused. Furthermore, the Committee must promote respect for fundamental rights and guarantees as a way of preventing terrorist acts. My delegation welcomes the proposals to reorganize and revitalize the CTC, contained in the annex to document S/2004/ 124. Those proposals point in the right direction. However, there are other aspects that should be considered.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“The Committee should ensure that measures adopted by States in the fight against terrorism are in full conformity with applicable international law, especially with human rights and refugee law, international humanitarian law and the principle of non-refoulement. Even though it is true that resolution 1373 (2001) does not dwell on these aspects, it should be interpreted within the framework of international law as a whole. We should point out that the 12 international conventions on terrorism contain carefully balanced norms, which guarantee respect for fundamental rights, international refugee law and due process.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“In particular, it would be desirable for the Committee to take into account the standards and principles in force in each State in the area of due process and judicial guarantees, since those would limit what measures can be imposed by a given State in the fight against terrorism. Furthermore, the CTC should focus primarily on those States whose reports have been deficient, or for which there is evidence that the measures implemented have clearly been inadequate. Thirdly, the CTC should respond to the appeal of the United Nations High Commissioner for Human Rights to make human rights the cornerstone of the international strategy in the fight against terrorism.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“In the future, the CTC should focus on providing technical and material assistance in an operational framework. Secondly, the system of reports and additional requests for information can also have contradictory effects. States that have presented exhaustive and timely reports and have adopted additional measures against terrorism have been overwhelmed by new increasingly detailed questions which penetrate ever further into the framework of the exclusive jurisdiction of States. Regrettably, some requests for information seem to reflect a lack of sensitivity to the unique conditions and specificities of the judicial, administrative and legislative processes in the most open and democratic of societies.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“However, the CTC must take some proposals into account in order to make its work more effective. My delegation, as an interlocutor and as a beneficiary of the CTC's services, would like to note a few of those proposals. First, the establishment of stages in verifying implementation of resolution 1373 (2001) seems to have made it difficult to obtain assistance. The fight against terrorism requires the simultaneous development of legislative, administrative and operational measures against that crime. The Committee's primary emphasis on legislative aspects and on technical assistance in the drafting of laws, although very necessary, should also be accompanied by the provision of materials in an operational framework, which is now also required.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“At the same time, we affirm that there can be no political, philosophical, racial, ethnic or religious justification for the crime of terrorism. In that context, we welcome the efforts of the Security Council to revitalize the work of the CTC in preventing acts of terrorism. Over the past three years, the CTC has collected a great quantity of information on the legislative and administrative measures that States are implementing in the fight against terrorism, and in the implementation of Security Council resolution 1373 (2001). The Committee, acting as an intermediary, has facilitated the provision of technical assistance to countries that require it, and has cooperated with various international organizations in disseminating information on its assistance programmes.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“Mr. Stagno Ugarte (Costa Rica) (spoke in Spanish): Allow me first of all to thank Ambassador Inocencio Arias, the Permanent Representative of Spain, for his excellent work as Chairman of the Counter-Terrorism Committee (CTC), and for the briefing he just gave us on the report concerning the revitalization of the Committee (S/2004/l24, annex). My delegation also associates itself with the comments made by the representative of Argentina on behalf of the Rio Group. The fight against terrorism is one of the major challenges facing the international community. That crime victimizes the innocent civilian population and endangers the political stability of all nations. We therefore flatly condemn terrorism in all it forms and manifestations, no matter where or by whom it is committed.”
2004-03-04 · UN Security Council · Security Council, S/PV.4921Resumption1 (2004) · source
“Nonetheless, the Security Council and the international community at large have an obligation to provide resolute support for those efforts.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“When the parties agree to grant amnesty, the international community must support such efforts, provided they are aimed at reconciliation and as long as they do not become a means of protecting the perpetrators or those who organized serious crimes against humanity. Amnesty must never serve as a mechanism to conceal the truth or deny justice to the victims. When the parties opt for mechanisms to provide economic compensation, the international community should support them by freezing the assets of those who committed the atrocities and transferring those assets to the victims. National reconciliation at the end of an armed conflict requires long-term and continuous efforts. Such efforts are the primary responsibility of the community affected and of the parties to the conflict.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“The international community must be vigilant in ensuring that the mechanisms are legitimate and that they scrupulously respect the rights of both the victims and the accused. Furthermore, bringing the main leaders before international tribunals can be useful only if the local population sees that as an impartial exercise ofjustice. In this context, we welcome the prosecution strategy crafted by the Prosecutor of the International Criminal Court to ensure that that international instrument cooperates in a constructive manner with national reconciliation processes. When the parties opt for traditional mechanisms to achieve reconciliation, the international community must promote the idea that such mechanisms respect the rights of the accused; they should not be used to impose excessive punishment or extrajudicial executions.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“The Security Council must urge the parties to provide such commissions with all the information that they have about the conflict and any atrocities that may have been committed. When the parties have decided on legal mechanisms to achieve reconciliation, the international community should support their efforts by facilitating the establishment of local courts, providing technical assistance or creating tribunals with international participation. The experience of Sierra Leone is particularly valuable in that context. On the other hand, recourse to local tribunals may present some difficulties if they are not seen by the local population as being impartial or if due process is not guaranteed, either for the victims or for the accused. In such cases, the use of local tribunals can become an obstacle to genuine reconciliation.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“In this context, the United Nations has an important part to play as a facilitator, assisting in crafting the mechanisms and agreements that are required to initiate the process of reconciliation. In this context, the United Nations in general and the Security Council in particular could adopt a series of concrete measures to facilitate national reconciliation. When the parties agree to use truth commissions as a mechanism to achieve reconciliation, the international community must provide political, logistic and, whenever necessary, economic support for those institutions so as to ensure that they are effective, legitimate and impartial, and seen to be such by the local population.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“The victims must come to feel that their rights have been recognized and are being respected and that their former torturers will never again harm them. Conditions must be created to ensure that the parties can build a shared future and commit to working together for the well-being of the entire community. It is essential for all the parties to recognize that working together and cooperation among all are indispensable elements for building peace. Reconciliation is an arduous process for which the local population bears the primary responsibility. The international community must actively support local efforts at reconciliation, but it should not try to act as a substitute.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“In other situations, the prosecution and punishment of leaders and those guilty of atrocities has been helpful. In others yet, amnesties have been required. The use of traditional community mechanisms for justice and forgiveness have also been very useful. Reconciliation must be based on truth, justice and compassion. The truth about a conflict must be fully revealed so that the victims can talk about the pain and the trauma caused by the injustice they suffered. Justice must be served. There must be public recognition of the damage done and of the violation of the fundamental rights of the victims. It is crucial that compassion temper the desire for revenge so as to make it possible to break the cycle of retribution. Reconciliation must also empower the victims of conflict and create a feeling of interdependence among the parties.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“It is indispensable to create an atmosphere that promotes thinking, contrition and forgiveness, both collectively and individually, in order to provide an outlet for demands for justice and revenge. Reconciliation must not be confined to rehashing past grievances or to punishing the guilty. Reconciliation must be committed to the future and create an atmosphere of tolerance and cooperation among individuals and communities that have been rent by conflict. The end product of reconciliation must be a genuine culture of peace. Every conflict is unique; each has its own features and peculiarities. That is why there is no single mechanism for reconciliation that can be applied to all. In some cases, truth commissions have facilitated the process.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“Hatred generates more hatred and destruction generates more destruction and death. Peace-building at the end of an armed conflict requires halting that pernicious cycle of hatred and destruction. The social institutions and personal relations that serve as a bridge among the various groups must be rebuilt. It is essential to create an atmosphere of mutual trust, justice and respect. Ultimately, the parties must be reconciled with a View to building a shared future. Any reconciliation programme must re-examine the past, the underlying causes of the conflict and the behaviour of all the parties throughout it. However, reconciliation must go beyond a mere historical account.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“Mr. Stagno Ugarte (Costa Rica) (spoke in Spanish): The armed conflicts on the Security Council's agenda are complex phenomena. Their most visible feature is military confrontation, the armed clash between two or more parties. However, over and above military confrontation, there is an unyielding political and social antagonism based on recurring cycles of enmity, grudges, hatred, separation, animosity and fear. Indeed, many of the conflicts that plague humanity today are based on psychological mechanisms of fear and hatred among groups, where any single offence is perpetuated and amplified through a pernicious dynamic of revenge, victimization and reciprocal injustice. Personal relationships and social structures cannot support the burden of stereotypes used to dehumanise supposed enemies.”
2004-01-26 · UN Security Council · Security Council, S/PV.4903Resumption1 (2004) · source
“Finally, as we said last year, it is indispensable for the Secretary-General to refer to the Security Council for its consideration, in keeping with Article 99 of the Charter, any situation of armed conflict in which children under 18 are being recruited or used as combatants. A year ago, the Security Council committed itself to adopting the necessary to protect minors in armed conflicts. The time has now come to do so, and we must take action.”
2004-01-20 · UN Security Council · Security Council, S/PV.4898Resumption1 (2004) · source