EU Presidency Statement - The Scope of Legal Protection

Mr. Chairman,

I have the honor to speak on behalf of the European Union. The acceding countries Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic, Slovenia, the associated countries Bulgaria, Romania, as well as the EFTA Countries, members of the EEA, Iceland and Norway, declare that they align themselves with this statement.

The safety of the United Nations and associated personnel at field level is a major concern of the international community. The EU and its Member States, who are important contributors to United Nations peacekeeping and humanitarian operations, attach high importance to the strengthening of the safety and security of the personnel engaged in such operations.

Despite the institutional efforts of the UN to meet security needs, local staff of the United Nations offices and international staff of the United Nations humanitarian agencies and non-governmental organizations continue to be targeted. In 2002 four UN staff members have been killed and two abducted as was stated in the Report of the Secretary-General to the Security Council on the protection of civilians in armed conflict dated 26 November 2002.

The European Union deeply deplores the occurrence of such incidents and unequivocally condemns such acts, which do not only destroy human lives but also deny the role of the United Nations personnel as protectors of civilians in armed conflict.

Mr. Chairman,

The EU accords high priority to the ratification of the 1994 Convention on the Safety of the United Nations and Associated Personnel, which is an important legal instrument for the prevention and punishment of acts of violence against such personnel. The Convention establishes the duty of State parties to take appropriate measures to establish such acts as crimes punishable by law and ensure that those responsible are brought to justice. It also incorporates the principle that alleged offenders should be prosecuted or extradited. The European Union urges all Member States to become party to and fully implement the Convention.

The EU considers the short-term and long-term measures recommended by the Secretary-General in his relevant report in 2000 as important measures that aim at the improvement and enhancement of the existing protective regime of the 1994 Convention on the Safety of the United Nations and Associated Personnel.

In this respect the EU expresses its satisfaction for the progress made last year both in the ad hoc Committee and the Sixth Committee as regards these issues that led to the adoption by the General Assembly of resolution 57/568. We firmly support the recommendations of the General Assembly contained in para 3 of that resolution and the early inclusion of key provisions of the 1994 Convention in status of forces or status of missions agreements between the Unites Nations and the State in whose territories operations are deployed, as well as in host country agreements.

In our view, however, the short-term measures recommended by the General Assembly in the above resolution simply strengthen the protective regime of the Convention within its existing framework. We believe that the Ad Hoc Committee should also try to reach agreement on the long term measures and, in particular, on the issue of the automatic application of the Convention to all United Nations operations.

Mr. Chairman,

The EU considers the requirement of an exceptional risk declaration as a major limitation to the Convention. Firstly, it should be employed more routinely, in accordance with the recommendation in resolution 57/568. Secondly, it restricts the automatic application of its protective regime only to peacekeeping operations. We believe that the provisions of the 1994 Convention should apply automatically to all operations conducted under United Nations authority and control without distinction and regardless of the security situation prevailing at the time and place of the attack. Our main concern should be the safety of the personnel engaged in these operations which today are conducted in an increasingly risky, dangerous and volatile environment.

Mr. Chairman,

The European Union welcomes the practical and important measures to improve the implementation of the Convention which were identified in resolution 57/568. The EU believes that this year the Ad Hoc Committee should proceed forward by taking more concrete and practical measures. In this respect we welcome the initiative taken by New Zealand to prepare a draft Protocol to the 1994 Convention that would dispense with the requirement for a ''declaration'' as a condition for the applicability of the Convention and would automatically include in the protective regime of the Convention all operations conducted under United Nations authority and control in the same way that peacekeeping operations are.

The draft Protocol presented by New Zealand is a commendable effort and constitutes a good basis. The EU looks forward to a constructive and fruitful debate on its substance within the Ad Hoc Committee. We are ready to work together with the New Zealand delegation to this end.

Thank you Mr. Chairman.

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