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  1. Field visits can send important signals to affected populations and to political and military leaders, and we hope that in the future the Working Group will make more effective use of this important tool. Sixteen parties to conflicts have been listed in the annexes of the reports of the Secretary-General for more than five years for having committed serious violations of the rights of children in armed conflict. Those persistent violators must be subject to the Council's strong and urgent attention and action. Measures taken by the Working Group should be complemented by effective enforcement measures such as sanctions, including arms embargos, bans on military assistance and the imposition of travel restrictions.

    2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source

  2. Only with difficulty can differential treatment be squared with the universality and interdependence of human rights and the principles of international humanitarian law. We are deeply worried about reports of increased recruitment and use of children in various armed conflicts. To respond to such incidents in due time, the Working Group should make better use of all its available tools, including emergency meetings and field visits. We welcome the initiative of your delegation, Sir, as Chair of the Working Group on Children and Armed Conflict, to conduct more frequent field visits, and we are disappointed that other Council members have shown little enthusiasm for this approach.

    2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source

  3. Using school buildings for military purposes may also violate children's fundamental right to education, a right that is enshrined in key international human rights treaties and is non-derogable during times of armed conflict. We commend the Council for taking concrete action on this important issue through the adoption of resolution 1998 (2011) today. Parties to conflict that attack schools and hospitals in contravention of applicable international law will now also trigger the monitoring and reporting mechanism. This is an important step in the right direction. We also believe, however, that equal weight must be given to all six grave violations of children's rights in various conflicts.

    2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source

  4. The Secretary-General's report (S/2011/250) also documents increasing attacks on schools, which are highlighted in 14 out of the 22 country situations covered by the report and perpetrated by State and non-State actors. In almost all circumstances, attacks on schools violate international humanitarian law, and they may constitute war crimes or crimes against humanity as defined in customary international law. According to the Rome Statute, intentionally directing attacks against buildings dedicated to education - provided they are not military objectives - is a war crime. We are therefore deeply concerned by reports of the widespread dual use of school buildings as both teaching facilities and military sites and urge all parties to conflicts to refrain from such use of these institutions.

    2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source

  5. Thank you very much, Sir, for convening this meeting and for organizing the side event of 30 June as a very good preparation for this open debate. We align ourselves with the statement delivered by Canada on behalf of the Group of Friends on Children and Armed Conflict and would like to add a number of comments in our national capacity. At the outset, we commend the Special Representative of the Secretary-General for Children and Armed Conflict, Ms. Radhika Coomaraswamy, and her dedicated staff for their excellent work on this topic. We are alarmed by UNESCO's report entitled "Education under Attack", which reports recurrent attacks on students, teaching staff and institutions in situations of armed conflict around the world.

    2011-07-12 · UN Security Council · Security Council, S/PV.6581Resumption1 (2011) · source

  6. We note in this regard that the Security Council is not competent to make decisions on budgetary matters, and that the General Assembly may at any time enter into an arrangement with the Court for reimbursement of costs, as foreseen in the Relationship Agreement with the Court. The action of the Council, or the lack thereof, on the topic of the protection of civilians has been one of the defining moments in its history. We hope that the Council will live up to the current challenges, different as they are, in order to agree on ways to ensure the protection of civilians.

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  7. In the absence of universal ratification of the Rome Statute of the Court, such Security Council referrals remain the only means of ensuring quick and decisive action to fight impunity in a given situation. Creating ad hoc and separate accountability mechanisms such as tribunals would not only be very slow, but would also increase costs dramatically. When it referred the situation in Libya to the Court, the Council underlined that it wished to avoid any financial responsibility for its decision, while at the same time it created an additional burden for the States parties to the Rome Statute.

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  8. Failure to protect a civilian population must not be compounded by indifference to efforts to create accountability. For the second time in the history of the International Criminal Court, the Council, in resolution 1970 (2011), decided to refer a situation to the Court for investigation of the most serious crimes under international law. We welcome the referral as an expression of the Council's commitment both to contributing effectively to the fight against impunity and to a strong working relationship between the United Nations system and the Court. The referral is of particular value because it was decided by consensus. We hope that this consensus will also prevail when the Council is called on to act to ensure the implementation of follow-up action to resolution 1970 (2011).

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  9. Such credibility is promoted if the action is perceived to be consistent and undertaken for the main purpose of achieving the stated goal. Against that background, we welcome the action the Council has taken to protect the civilian populations of Libya and Cote d'Ivoire. But we also believe that other situations, particularly those in Syria, Yemen and Bahrain, also require greater attention from the international community. Likewise, there is a renewed common responsibility in light of the report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka. The Panel concluded that "the conduct of the war represented a grave assault on the entire regime of international law designed to protect individual dignity during both war and peace".

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  10. Depending on the exact circumstances, such acts can amount to war crimes or crimes against humanity, but they must never be met with silence on the part of the intergovernmental bodies of the United Nations. There is also a collective responsibility to ensure the protection of civilians outside situations of armed conflict, and the Council acted accordingly in adopting resolution 1973 (2011). In addressing the need to protect civilians in armed conflict or otherwise, the Council has to strike a balance between its customary case-by-case approach and the principles that should govern its action, including those contained in its own resolutions. Effectiveness must be a guiding principle of all action that the Council engages in, but effectiveness is also, among other things, a function of credibility.

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  11. The Security Council must in turn use the broad range of means at its disposal to ensure respect for international humanitarian law, from insisting on respect for that law on the part of all parties to a conflict under all circumstances, to strengthening the protection mandates of peacekeeping missions and, last but not least, to using accountability mechanisms. Recent events, especially in Libya, have led to discussions about how to define the moment when an internal armed conflict begins. This question is relevant to determining whether international humanitarian law applies in such a situation, in addition to applicable human rights laws. But it has no bearing on whether action is needed. The indiscriminate and disproportionate use of force against civilians is always unacceptable and always unlawful.

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  12. The Council has taken important decisions on the topic of protection of civilians in armed conflict, in particular resolutions 1265 (1999) and 1894 (2009). As in other thematic areas, however, it has struggled with the application of the provisions and principles of its thematic decisions when dealing with actual country situations. Recent events and decisions of the Council have cast today's debate in a different light. We hope that this will help the Council focus its future policies, including its consideration of the input of the wider membership. The protection of civilians in armed conflict is first and foremost the responsibility of the parties to the conflict. State and non-State actors alike must at all times observe the rules governing armed conflict, in particular the Geneva Conventions.

    2011-05-10 · UN Security Council · Security Council, S/PV.6531 (2011) · source

  13. We thank the Secretary-General and the Special Representative for their clear reference to the importance of the work of the International Criminal Court with respect to combating sexual violence. We hope that, in future deliberations, the Council will be able to acknowledge the most concrete international efforts to fight impunity for sexual violence, and thus to be less disconnected from reality than the resolution makes it appear in this respect.

    2010-12-16 · UN Security Council · Security Council, S/PV.6453 (2010) · source

  14. The resolution is also silent on the importance of the work carried out by the ad hoc tribunals established by the Council itself and by the International Criminal Court, to which the Council itself has referred a situation where sexual violence is prevalent. This seems particularly ironic at a time when the mass rapes in the Democratic Republic of the Congo have gained sad notoriety in any discussion on sexual violence in armed conflict, and when much of the recent work of the International Criminal Court has been dedicated to that situation, most prominently through the arrest of the militia leader Callixte Mbarushimana earlier this year. I also wish to recall that this was a situation referred to the Court by the country affected itself.

    2010-12-16 · UN Security Council · Security Council, S/PV.6453 (2010) · source

  15. The Council requires timely, accurate and reliable information in order to respond effectively to conflict-related sexual violence. These are important achievements and we congratulate you, Madame President, on having forged a consensus on this text. At the same time, we also wish to place on record that we consider the resolution to be a missed opportunity. The Special Representative stated in her remarks that she has made the fight against impunity her priority since she took office. And indeed, this was corroborated by the substance of her briefing. The Council, however, chose not to reflect that in the text adopted today. In fact, the operative part of resolution 1960 (2010) does not include any statement on the Council's commitment to end impunity, let alone on any concrete measures to that end.

    2010-12-16 · UN Security Council · Security Council, S/PV.6453 (2010) · source

  16. This is consistent with the principle of complementarity, which stipulates that international criminal justice mechanisms are activated only when States are unable or unwilling to prosecute at the national level. As a particularly positive element, we welcome the inclusion in future reports of the Secretary-General of information on parties that are credibly suspected of being responsible for acts of sexual violence. This should provide a basis for the Council to formulate more focused responses, including, where necessary, the application of targeted measures and the consideration of accountability mechanisms. Liechtenstein also supports the establishment of monitoring, analysis and reporting arrangements on conflict-related sexual violence as another essential element of resolution 1960 (2010).

    2010-12-16 · UN Security Council · Security Council, S/PV.6453 (2010) · source

  17. We therefore welcome the approach detailed in the report to widen the analytical lens and to define sexual violence in accordance with the definitions used in international law, in particular the Rome Statute of the International Criminal Court. Earlier resolutions and resolution 1960 (2010) emphasize the primary responsibility of all States to put an end to impunity and to prosecute those responsible for crimes, including acts of sexual violence. Nevertheless, national justice systems often lack the willingness or the capacity necessary for effective prosecutions. We thus welcome the progress made with regard to the establishment of a Team of Experts that can be deployed rapidly to assist national justice systems.

    2010-12-16 · UN Security Council · Security Council, S/PV.6453 (2010) · source

  18. We thank the Secretary-General and his Special Representative, and would like to encourage her to continue her visits to countries that experience conflict-related sexual violence and to brief the Council on those visits in open meetings. Liechtenstein co-sponsored resolution 1960 (2010) because it contains numerous valuable elements that enable the Council to address the alarming increase in sexual violence around the world. We agree with the analysis of the Secretary-General in his report (S/2010/604) that gender constructs are a critical but insufficient tool to understand the full complexity of sexual violence.

    2010-12-16 · UN Security Council · Security Council, S/PV.6453 (2010) · source

  19. The International Criminal Court (ICC) is at the centre of the fight against impunity at the international level, but it can only act as a court of last resort. We fully subscribe to the principle that national judicial authorities have the primary obligation to investigate and prosecute violations of international humanitarian law. However, many conflict and post- conflict countries lack the capacity to conduct credible judicial proceedings and require comprehensive assistance. One conclusion of the recent stocktaking of international criminal justice, undertaken at the ICC Review Conference in Kampala, Uganda, was the need to significantly step up such efforts and to support them. We encourage all stake-holders to engage in new concerted efforts to this end.

    2010-07-07 · UN Security Council · Security Council, S/PV.6354Resumption1 (2010) · source

  20. Mission-wide protection strategies must synergize all available components and resources, including the country team and the host nation. The Council must ensure that mandates are backed up by the resources and capacities necessary to match reasonable expectations on the ground. To that end, we welcome the establishment of an expert group on the protection of civilians and commend the Council for adopting resolution 1894 (2009) as a crucial step to improving the drafting of mandates of peacekeeping missions. We encourage the Council to continue to update the aide-memoire annually, as originally envisaged in the presidential statement of December 2002 (S/PRST/2002/41). Efforts to uphold the authority of the core standards of international humanitarian law must be redoubled.

    2010-07-07 · UN Security Council · Security Council, S/PV.6354Resumption1 (2010) · source

  21. Restricting access to populations in need contributes to the vicious cycle of war economies, which tend to exacerbate and prolong conflicts. Against that background, we also welcome the announced partial lifting of the Gaza blockade as a first step in the right direction. Peacekeeping missions continue to suffer from a disconnection between mandates and the conditions on the ground. Mandates are often drafted in a vague manner and are subject to multiple interpretations. Future mandates should provide clear guidance, in particular to police and force commanders. In the meantime, we encourage the Department of Peacekeeping Operations to continue developing operational guidance on the implementation of mandates. In particular, the protection of civilians requires a holistic approach beyond solely military considerations.

    2010-07-07 · UN Security Council · Security Council, S/PV.6354Resumption1 (2010) · source

  22. Progress on the protection of civilians can only be made when Security Council members put their protection commitments before other interests and if issues relating to the protection of civilians are streamlined in the Security Council's consideration beyond this thematic debate. Timely and unhindered access to civilians in armed conflict is vital to providing humanitarian assistance. Too often access is unsafe, granted too late or not granted at all. The Council must ensure that parties to a conflict comply with their obligations under international humanitarian law to facilitate humanitarian access. We therefore support the inclusion of an annex to the report of the Secretary- General to better analyze, monitor and respond to access restrictions.

    2010-07-07 · UN Security Council · Security Council, S/PV.6354Resumption1 (2010) · source

  23. I would like to thank you, Madam President, for organizing today's open debate on the protection of civilians in armed conflict. I would also like to thank the Emergency Relief Coordinator, John Holmes, for his briefing and his dedication to advancing the work of the United Nations on this issue over the past three years. It was also a particular pleasure for us to see the High Commissioner for Human Rights in the Security Council. We have seen significant progress in recent years on the topic under consideration, such as the establishment of an expert group on the protection of civilians, the updating of the aide-memoire (see S/PRST/2009/Z, annex) and the appointment of a Special Representative on Sexual Violence in Conflict. Nevertheless, there continues to be a gap between the normative framework and the realities on the ground.

    2010-07-07 · UN Security Council · Security Council, S/PV.6354Resumption1 (2010) · source

  24. Both the Security Council and the Secretary-General, in their activities aimed at preventing and ending conflicts, should continue to strengthen the implementation of that important principle. In particular, that will require a stronger engagement of mediators and other conflict intermediaries with issues of justice. The topic of today's debate is extremely rich and complex and can hardly be appropriately addressed in a short statement. We hope that the Council's work on this agenda item will continue and that it will be taken up in a regular manner, preferably at least once a year, on the basis of a new report of the Secretary-General that could be submitted to both the Council and the General Assembly at its next session.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  25. The ICC Review Conference in Kampala strongly underlined the need to enhance the capacity of national jurisdictions to prosecute perpetrators of the most serious international crimes, pursuant to the principle of complementarity. Nevertheless, the Council's commitment to pursuing both peace and justice has also been tested in recent years. Such developments show that the paradigm shift towards a positive relationship between peace and justice has yet to take full effect and requires sustained political support. Legally, permanent amnesties for genocide, crimes against humanity and war crimes are no longer viable. Effectively, no such promise of amnesty can be made.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  26. We are encouraged to see that the draft presidential statement that will be the outcome of this debate contains a reference to the International Criminal Court. During the past four years, the Council's commitment to promoting both peace and justice in conflict and post-conflict situations has received significant new institutional support within the United Nations. The establishment of the Peacebuilding Commission and the Rule of Law Coordination and Resource Group and the strengthening of the Secretariat's mediation capacities have greatly contributed to a more holistic approach in that regard. The Security Council should continue to support efforts to strengthen domestic judicial capacities, in particular by devising appropriate mandates and structures for missions on the ground.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  27. The decision comes after five years of resource-intensive judicial work on that situation and requires a response from this Council. 10-42851 A further relevant development was the historic decision taken by the States Parties to the ICC at the Review Conference in Kampala. By consensus, the Conference adopted a definition of the crime of aggression for the purpose of the Rome Statute, as well as the conditions under which, no earlier than 2017, the Court may exercise jurisdiction over that crime. Once formally activated, the Court's jurisdiction over the crime of aggression will give the Council a new policy option to address the most serious forms of the illegal use of force in contravention of the United Nations Charter.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  28. Cooperation with courts and tribunals, in particular the International Criminal Court (ICC), remains an essential tool for the Security Council in the promotion of the rule of law. Since 2006, the Council has further acknowledged that fact by establishing the Special Tribunal for Lebanon and, more recently, by moving to address the problem of impunity for the universal crime of piracy. The past years have also seen a further consolidation and strengthening of the work of the International Criminal Court. In 2006, we stated that Council referrals to the ICC must be accompanied by sustained political support throughout all phases of the judicial proceedings. Today, the need for such follow-up is more obvious than ever, as evidenced by the Court's recent decision on the lack of cooperation in the situation in Darfur.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  29. Furthermore, the Security Council must remain vigilant in ensuring that its work remains within the legal bounds and the spirit of its constitution, that is, the Charter. Council decisions that are to be implemented by Member States, in accordance with Article 25 of the Charter, must have a clear legal foundation. In particular, they must take into account the balance of power among the main organs. The Security Council should be particularly sensitive to the General Assembly's prerogatives as the prime legislative organ and to the need to enhance the perceived legitimacy of its decisions through greater inclusion and transparency. In that connection, we recall the many contributions made by the group of five small States in that respect.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  30. 10-4285] We commend the Council for the tremendous progress that it has made in that regard by reforming the sanctions regime against the Taliban and Al-Qaida through the adoption of resolution 1904 (2009), and we welcome the appointment of Judge Kimberly Prost as the first Ombudsperson. The approach taken in that resolution may not be perfect and may not take relevant standards of due process to their ultimate consequence, but it is an expression of the political will within the Council to address the legitimate criticisms that had long been expressed against the old system. We hope that, on the basis of that experience, discussions on the scope of the Council's human rights obligations will reach new levels.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  31. The Council is legally bound by the applicable rules of the Charter and of international law. Those rules leave it much room to take decisions based on political, legal and other considerations - but that room is not without limits. It is therefore both a legal necessity and a wise policy choice for the Council to respect and promote international law and the rule of law. The Council must respect human rights, in particular when taking action with direct impact on the rights of individuals. In 2006, our statement focused strongly on the need to improve sanctions procedures.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  32. Your delegation, Mr. President, is one of the champions of the promotion of the rule of law in the United Nations. We warmly welcome your initiative to hold an open debate on this topic as a good opportunity to take stock of past achievements and to look at the challenges ahead. We will do so on the basis of the comments we made at the debate in 2006 and in the light of the important developments that have taken place since. Our principled approach to the issue at hand has not changed. We remain convinced that the best way for the Security Council to promote international law and the rule of law is to lead by example. We challenge the view - and, to some extent, the conventional wisdom - that regards the Council as a purely political body. Its authority is based on the world's supreme international treaty, the United Nations Charter.

    2010-06-29 · UN Security Council · Security Council, S/PV.6347Resumption1 (2010) · source

  33. Finally, allow me a word on the new arrangements for the Security Council. This is my first opportunity to participate in the new Security Council Chamber, which is surprisingly similar to the old Security Council Chamber. We are of the view that the temporary conference room arrangements should not lead to a new wall of secrecy, but should rather be taken as an opportunity for members to seek innovative ways to interact with interested parties and with the media.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  34. New formats that allow non-Council members access or enable concerned parties or organizations to participate include informal interactive discussions, informal interactive dialogues and what is usually called the Kosovo model. Taking these together with older formats such as Arria Formula meetings, there is now a wide range of mechanisms available to enhance access and transparency. We continue to believe that briefings by senior United Nations officials should always be made accessible to all Member States, without prejudice to the format of subsequent consultations. We also see potential in the format of specific meeting configurations, similar to those used by the Peacebuilding Commission with some success over the past years. This could facilitate the inclusion of non-members in the Council's deliberations.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  35. We believe that the resolution has brought about significant changes that were long overdue in the de-listing regime of the Council, including the establishment of an ombudsperson. We therefore hope that the appointment process can be finalized soon and that the ombudsperson can start working as soon as possible. In conclusion, the format of Council meetings is a key element of access and therefore highly relevant to our agenda in the 8-5. The Council has been quite creative in developing new formats, as is illustrated by the very useful report that the organization Security Council Report prepared in advance of this debate.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  36. We therefore attach particular importance to the implementation of the measure set out in paragraph 46 of the annex to note S/2006/507, which asks subsidiary bodies to seek the views of Member States that have a particular interest in a topic under discussion. In that spirit, we strongly welcomed the opportunity to meet as part of the 8-5, with the Informal Working Group headed by Japan in July 2009 and were again very encouraged by the open exchange of views at that meeting. In connection with the work of the Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban and associated individuals and entities, we again welcome the adoption of resolution 1904 (2009) in December 2009 and thank the Austrian presidency for its efforts in that respect.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  37. In the past, we have seen no substantive language on working methods in the annual report. Finally, we believe that more information on the work of the Informal Working Group could be useful. Of course, the Group is informal in nature, but is also the Council's only subsidiary body not to produce its own annual report. There are different ways of making more information available, including through the Council's website. As the S-5, we will continue to proactively engage with Council members and the President of the General Assembly on such ideas, and we hope that concrete improvements can be achieved in the framework of the next report. The work of the subsidiary bodies is becoming ever more intense, complex and important. At the same time, access to their proceedings and information thereon continues to be difficult.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  38. On the format and contents of the report, we believe that making more constructive use of the monthly evaluations prepared by the respective presidencies could enhance the quality of the report. We are also missing an illustration of linkages between issues dealt with in the report, in particular between country situations and thematic issues. We also believe that the report does not cover any cross-cutting issues. We believe that including a chapter in the report on the improvement of the working methods of the Council is necessary. It is often argued that the Council is the master of its own procedures and therefore of all matters related to working methods. There is therefore no better place than the annual report to inform Member States of relevant developments.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  39. Such consultations have been organized in the past two years by the delegations of Viet Nam and, last year, Uganda, and we are grateful to them. Such consultations offer a good opportunity to discuss, in particular, the introductory part of the annual report, which is the only part that includes political analysis. We also believe that holding a public meeting, or even an open debate of the Council, when the report is adopted would be a useful measure. That would allow for more transparency, and the verbatim record could be taken into account when the report is discussed in the General Assembly. Our records indicate that the last such meeting was held in 2002 (see S/PV.4616).

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  40. The annual report therefore figures prominently in note S/2006/507, even though the relevant parts are mostly repetitions of previous agreements. We have engaged with the Council members, as well as with the President of the General Assembly, to discuss possible improvements in the preparation and consideration of the report. We are very grateful for the open and positive conversations that we have had in that regard as, generally speaking, the opportunities that we have had to exchange views with the Security Council have always been very positive and constructive meetings. The following are some of the main recommendations that came out of the discussions on the annual report. On process, we believe that holding informal consultations during the preparation and before the adoption of the annual report could be very useful.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  41. We appreciate the efforts carried out in the framework of the Informal Working Group, headed by Japan, to make implementation more consistent and effective, and look forward to tangible results and concrete steps on implementation within the current calendar year. The 8-5 will continue to reach out to the Council to make constructive and positive contributions to the improvements of working methods, both formally and informally. I will now offer a few remarks, more in my national capacity, on a number of areas where we have been particularly active. It is generally recognized that the annual report of the Security Council is a central channel of communication between the Council and the rest of the membership. It offers an opportunity for constructive dialogue and accountability.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  42. We welcomed the adoption of the note, while expressing the View that additional and more far- reaching measures would be needed to achieve the goals of legitimacy, transparency and accountability that our leaders had agreed upon in the framework of the 2005 World Summit. Thus, while we welcome this opportunity to talk about the implementation of note S/2006/507, we will also address issues that go beyond the contents of that note, as the Council has itself actually done in its own practice. The last open debate on this topic in August 2008 (see S/PV. 5968) resulted in no formal outcome, but certainly generated some recommendations on the implementation of document S/2006/507. Most of them have not been followed in the 18 months since. Generally speaking, the implementation of note S/2006/507 has been slow, partial and inconsistent.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  43. We continue to believe that the working methods are an indispensable part both of comprehensive reform of the Security Council and of an ongoing discussion within the Council itself. Holding periodic open debates on this topic is certainly a good approach, and again today we see that the membership has indeed a strong interest in this topic. We therefore commend you, Mr. President, on this initiative and thank you for capably steering the work of the Informal Working Group on Documentation and Other Procedural Questions. The 8-5 group has been active for more than four years, and in 2006 tabled a draft resolution in the General Assembly (A/60/L.49). That text was never acted upon by the Assembly, in particular because, at around the same time, the Council adopted its presidential note, contained in document S/2006/507.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  44. I have the honour to speak today, during the first part of my intervention, on behalf of the group of five small countries (8-5). The other members of the group - Costa Rica, Jordan, Singapore and Switzerland - will also participate in this debate in their national capacities. We very much appreciate this opportunity to engage in a dialogue with the Council on its working methods. The 8-5 is of the View that the decisions of the Security Council are particularly effective when they are made genuinely on behalf of the membership of the United Nations, as stipulated by the Charter. We have therefore consistently worked to encourage improvements in the working methods of the Council, in particular in the areas of transparency, access and inclusion.

    2010-04-22 · UN Security Council · Security Council, S/PV.6300 (2010) · source

  45. By design and with good reason, sanctions are intended to hit the targeted individuals hard in order to prevent them from engaging in terrorist activities and support. Any person so targeted, rightly or wrongly, by the Security Council experiences a massive interference in his or her rights. That fact alone warrants procedures that give the listed persons or entities the equivalent level of protection against the continuation of unjustified listings that would be required from any State in its autonomous listing system in implementation of resolution 1373 (2001). We have high expectations regarding the ongoing reform process and we stand ready to contribute to it, including through individual or collective engagement with Security Council members.

    2009-11-13 · UN Security Council · Security Council, S/PV.6217 (2009) · source

  46. What transpires from the latest report submitted by the Monitoring Team and from other sources is the need for the Council to address the issue of fair and clear procedures head-on. The uncertainties about whether the future reform will fully satisfy the multitude of actors that have weighed in on the subject in recent years do not justify inaction. The practical challenge of sharing confidential information, which may make a future mechanism less than perfect, can also not justify inaction but requires creative engagement and thinking. The argument that sanctions are preventive rather than punitive in nature - in itself a questionable statement - can equally not dispel the need for fair procedures. The fairness of sanctions procedures has to be measured in relation to the impact that such measures have on the targets.

    2009-11-13 · UN Security Council · Security Council, S/PV.6217 (2009) · source

  47. Secondly, recent legal developments point to the need to treat de-listing requests that enjoy the support of the designating State with particular priority. States that present names for listing currently assume the risk that subsequent developments that would warrant de-listing will not be honoured by the Committee and that the continued listing will be perceived as the continued responsibility and fault of that State. Where designating States revoke their support for a listing, the entry loses its original justification and should be automatically removed, except, of course, where the Committee, on the basis of a new designation by a different State, confirms the entry.

    2009-11-13 · UN Security Council · Security Council, S/PV.6217 (2009) · source

  48. That requires a more substantive and more interactive dialogue between the applicants and the mechanism than that which is currently taking place through the focal point process. The procedure should be designed in such a manner that the mechanism can receive all relevant information, including confidential information, from the designating and other cooperating States, as well as from other sources. In order to enable the mechanism to satisfy the confidentiality conditions set out by a State, it may be necessary, on a case-by-case basis, to allow direct interaction between the mechanism and the capital-based authorities of that State. Finally, it is crucial that the mechanism be in a position to present its own findings and recommendations to the Committee.

    2009-11-13 · UN Security Council · Security Council, S/PV.6217 (2009) · source

  49. A review panel, as proposed by the group in May 2008, could be a good way to address these concerns, but we are not wedded to any terminology or any specific institutional solution. There can certainly be different ways to achieve the goal of safeguarding standards of due process and addressing legal challenges that are potentially detrimental to the authority of the Council. With regard to the working paper drawn up by a group of like-minded countries, I would like to highlight two important substantive areas. First, any future mechanism for de-listing should improve the possibility for the applicant to be effectively heard and, in particular, to respond to and refute allegations on which the listing is based.

    2009-11-13 · UN Security Council · Security Council, S/PV.6217 (2009) · source

  50. The proposal contained therein regarding the establishment of a panel of experts to advise sanctions committees on requests for de-listing remains as relevant as ever. We appreciate the progress made by the 1267 Committee through its review process and other improvements brought about by resolution 1822 (2008), and we applaud your leadership, Ambassador Mayr-Harting, in this respect. Nevertheless, the lack of independent elements in the review and in the de-listing procedure continues to cause concern regarding the fairness of the regime, as evidenced in various legal proceedings cited in the tenth report of the Analytical Support and Sanctions Monitoring Team (see S/2009/502).

    2009-11-13 · UN Security Council · Security Council, S/PV.6217 (2009) · source