EU Presidency Statement - UN personnel

Mr. Chairman,

I have the honor to speak on behalf of the European Union. The countries of Central and Eastern Europe associated with the European Union, Bulgaria, Estonia, Hungary, Latvia, Lithuania, the Czech Republic, Poland, Romania, Slovakia and Slovenia, the associated countries of Cyprus, Malta and Turkey, as well as the EFTA country member of the European Economic Area Norway, align themselves with this statement.

Mr. Chairman,

The dangers and security risks faced by humanitarian personnel and United Nations and associated personnel at field level have sadly not ceased to increase over the last decade and are of a deep concern of the international community. The deliberate attacks against the personnel participating in a United Nations mission gravely undermine the activity of the UN and humanitarian organizations in regions of the world where they fulfill important work, ranging from peacekeeping to humanitarian relief operations. The European Union condemns in the most unequivocal terms the attacks on humanitarian personnel and deeply deplores the increase of the number of victims among national and international humanitarian personnel, United Nations and associated personnel. The EU considers that this situation of insecurity is intolerable and requests that urgent measures be taken to reinforce the safety of UN and associated personnel.

Mr. Chairman,

The European Union underlines that the primary responsibility under international law for the security and protection of humanitarian personnel and United Nations and its associated personnel lies with the Government hosting a United Nations operation conducted under the Charter of the United Nations or its agreements with relevant organizations. In addition, parties involved in armed conflicts are also under the obligation, in accordance with the 1949 Geneva Conventions and the Additional Protocols, to ensure the safety of UN and associated personnel. The EU welcomes, in this regard, the fact that the Rome Statute on the International Criminal Court qualifies as a war crime attacks against persons involved in a humanitarian mission.

Mr. Chairman,

In 1994 the General Assembly adopted the Convention on the Safety of United Nations and Associated Personnel. The Convention has entered into force on 15 January 1999 and has been ratified by 54 States. It constitutes a major legal contribution to the rules of international law. The European Union welcomes therefore the recent increase in State Parties to the Convention. The European Union calls upon all States that have not done so to become party to this Convention.

The Convention prohibits each attack upon United Nations and associated personnel, their equipment and official premises. It obliges each State Party to ensure the safety and security of UN and associated personnel and to protect them against attacks that are prohibited by the Convention, such as murder, kidnapping or other attacks upon their person, liberty or official premises, their private accommodation or their means of transportation.

In spite of the entry into force of the Convention, attacks continue to increase to even more alarming proportions. This has led the General Assembly, through its resolution 54/192 of 17 December 1999, to request the Secretary General to provide a report containing an analysis and recommendations addressing the scope of legal protection under the 1994 Convention on the Safety of UN and Associated Personnel.

Mr. Chairman,

The European Union thanks the Secretary General for his excellent report on this issue. The report, contained in document A/55/637, describes in precise terms the attacks upon the safety of UN and associated personnel, the way current system operates and measures that could be taken to improve the safety of the personnel. Referring to the alarming numbers of victims of deliberate attacks, in particular during recent UN political and humanitarian operations in Afghanistan, Burundi and East and West Timor, it recalls that within one year, 21 UN officials have lost their lives and underlines that crimes committed against this personnel remains almost completely unpunished.

In his report, the Secretary General notes that the Convention does not work in a satisfactory way, and explains why it does not provide the UN and associated personnel, including the locally recruited personnel, with the necessary protection. In order to remedy these shortcomings, the Secretary General makes a series of recommendations to strengthen the existing regime of the Convention and also suggests to extend its scope through an additional protocol.

The EU takes the issues addressed in the report of the SG, and in general, the question of the security of UN and associated personnel, very seriously, and wishes that they be carefully, and at the same time, expeditiously, dealt with by the UN. The report of the SG is an important basis for any legal consideration of these issues. Some of the recommendations can readily be considered and adopted by the Sixth Committee at this stage, such as the proposal to incorporate the Convention's key provisions into the status-of-forces or status of mission agreements. These provisions contain the obligations to prevent attacks against members of the operation, to establish them as crimes punishable by law, and prosecute or extradite the offender.

Other recommendations deserve an thorough in-depth analysis and further consideration. The EU stands ready to examine the recommendations of the supports the establishment of ad hoc group at an appropriate time during this session of the General Assembly.

Mr. Chairman,

The EU and its Member States, who are important contributors to peacekeeping and humanitarian operations, have always attached the highest importance to the adequate protection of all the personnel involved. We think that the debate in Sixth Committee on the scope of legal protection under the convention on safety of UN and associated personnel is very timely. We are looking forward to a constructive debate and to any proposal to strengthen the safety of UN and associated personnel.

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