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9 October, 2004
 

Table Of Contents

 

Security Council Says `Climate Of Impunity' Must End In Post-Conflict Nations 1

Seeking to foster adherence to the rule of law in States either still facing or just emerging from conflict, the Security Council on 6 October stressed that such countries must make certain there is no "climate of impunity" for individuals who have committed human rights abuses.

In a statement read out after a day-long debate on the issue, Ambassador Emyr Jones Parry of the United Kingdom _ which holds the Council's rotating presidency this month _ said national or international criminal tribunals and truth and reconciliation commissions are useful options for nations looking to punish past violations and prevent future abuses.

"Ending the climate of impunity is essential," Mr. Jones Parry said, adding that any tribunals or truth commissions should also focus on the need to have national reconciliation.

Last month Secretary-General Kofi Annan had told the General Assembly that re-introducing the rule of law impartially and rapidly is necessary if the world is "to resuscitate societies shattered by conflict."

The Council statement said peace and reconciliation processes must be inclusive and gender-sensitive to succeed and, equally importantly, tailored to meet the nature of each country's legal system, institutions and traditions.

* * *

Secretary-General: The United Nations is working on developing "important new tools" to strengthen its support for the rule of law and transitional justice in States that are either still facing or just emerging from conflict, Secretary-General Kofi Annan told the Security Council on 6 October.

Opening a Council debate on the issue, Mr. Annan said peace-building activities in post-conflict countries will not work unless they are both reflective of international norms and standards and tailored to national needs and aspirations.

The Secretary-General stressed that the political context is also important because "peace and stability can only prevail if the causes of conflict are addressed in a legitimate and fair manner."

He cited causes such as "ethnic discrimination, gross disparities in the distribution of wealth and social services, abuse of power, and the denial of the right to property or citizenship" as examples.

Discussing his recent report on the rule of law, Mr. Annan said the UN system and the international community as a whole have a wide range of tools at their disposal to assist nations coming out of conflicts.

These include: the support of UN peacekeeping and peace-building missions for national justice systems; the creation of the International Criminal Court (ICC) and the ad hoc international criminal tribunals and truth commissions; and the distribution of reparations among the victims of human rights violations.

As an example, the ICC "offers new hope for a permanent reduction in the phenomenon of impunity," he said.

Two weeks ago Mr. Annan had told world leaders who had gathered for the General Assembly that there was a "shameless" disregard for the rule of law in many countries today.

On 6 October he said the new tools being developed at the UN should help in the battle to make sure the rule of law is respected in countries which have been shattered by conflict. The tools include a justice sector mapping guide, support for the setting up of model transitional criminal codes, and policy guidance for prosecutions in both domestic and hybrid legal systems.

 

Secretary-General Condemns Terror Attacks In India 2

United Nations Secretary-General Kofi Annan on 2 October condemned the deadly terrorist attacks which have wreaked havoc in India, reiterating his long-standing opposition to the targeting of innocent civilians.

"The Secretary-General has learned with shock and dismay the news of bomb and gunfire attacks that took place today in crowded public places in Nagaland and Assam states, India, which have claimed the lives of a large number of people," a UN spokesman said in a statement.

"No cause or grievance can justify such senseless and cruel acts that target innocent civilians," the statement added.

Through his spokesman, the Secretary-General sent condolences to the victims and their families. 

 

S-G Appoints Panel To Probe Possible Genocide In Darfur, Sudan 3

Secretary-General Kofi Annan on 7 October announced the formal establishment of a commission of inquiry to determine whether acts of genocide have occurred in Sudan's strife-torn Darfur region, selecting an Italian judge and professor to lead the probe.

The five-member commission will also investigate reports of violations of international humanitarian law and human rights in Darfur, where Janjaweed militias stand accused of killing and raping thousands of villagers after local rebel groups took up arms against the Sudanese Government.Mr. Annan set up the inquiry after 

the Security Council requested he do so in a resolution adopted last month on the humanitarian and security crises engulfing Darfur, a vast and impoverished region in western Sudan.

About 1.45 million people are internally displaced within Darfur and another 200,000 are living as refugees in neighbouring Chad, and UN officials have described the situation as the world's worst humanitarian crisis.

Under the Security Council resolution, the commission is also mandated to identify the perpetrators of any acts of genocide "with a view to ensuring that those responsible are held accountable."

Prof. Antonio Cassese of Italy, the first President of the International Criminal Tribunal for the former Yugoslavia (ICTY), will be the commission's chairman. Professor Cassese has taught international law in Italy and the United Kingdom and also served on human rights committees for the Council of Europe.

The other members are Diego Garcia-Sayán of Peru, Mohammed Fayek of Egypt, Hina Jilani of Pakistan and Thérese Striggner Scott of Ghana. Dumisa Ntsebeza of South Africa will act as Executive Director, heading the technical team that supports the commission.

 

Deputy S-G : UN Should Forge Stronger Ties With Civil Society 4

The General Assembly on 4 October began discussing a report endorsed by Secretary-General Kofi Annan which urges the United Nations to open its deliberations to greater involvement by civil society groups.

In presenting the report of the Panel of Eminent Persons on UN-Civil Society Relations, as well as Mr. Annan's response, Deputy Secretary-General Louise Fréchette noted that the contribution of civil society groups to the UN "has been invaluable."

"The time is right to take this partnership one step further for the benefit of the Organization and the people it was created to serve," she said.

The Panel's report, released in June, said that as the world's problems grow more complex, the United Nations should no longer limit its decision-making processes exclusively to governments and instead open its discussions to more input by civil society groups and the private sector.

The 12-member Panel, chaired by former President Fernando Henrique Cardoso of Brazil, also recommended that the General Assembly include civil society organizations more regularly in its affairs, and called for increased civil society dialogues with the Security Council as well as the appointment of a senior UN official to promote engagement with civil society.

Ms. Fréchette noted that the Secretary-General, in his response, suggested that the contribution of non-governmental organizations (NGOs) in intergovernmental bodies should be built into the General Assembly's regular business.

Member States could hold "interactive" hearings with NGO representatives before each session of the Assembly, and before major events, she said.

She also advocated improving the UN Secretariat's own dialogue with NGOs, including by giving them easier access to information and documentation.

"Taken together, the proposals of the Panel and the Secretary-General aim to strengthen the United Nations, enrich intergovernmental debate, and most importantly, improve the services we provide to the world's people," she said.

 

UN And International Criminal Court Sign Cooperation Agreement 5

The heads of the United Nations and the International Criminal Court (ICC), the first permanent tribunal to try war crimes, on 4 October signed an agreement to encourage greater cooperation and consultation between them.

In a ceremony at UN Headquarters in New York, Secretary-General Kofi Annan and ICC President Judge Philippe Kirsch signed the agreement, UN spokesman Fred Eckhard told reporters.

The agreement recognizes the status and mandate of each organization and outlines that the two institutions will cooperate closely on administrative and judicial matters and consult each other on issues of mutual interest.

Established by the Rome Statute of 1998, the ICC is based in The Hague in the Netherlands and can try cases involving people charged with committing war crimes after 1 July 2002. As of 27 September this year, 97 nations have signed on as members of the Court.

 

UNHCR: Refugees Facing A Less Friendly Environment 6

Driven by prevailing fear, confusion and the politicization of humanitarian concerns, the world has become less friendly towards refugees _ even though the number of people seeking asylum has fallen steeply _ the United Nations High Commissioner for Refugees (UNHCR) said on 4 October.

Ruud Lubbers opened the annual meeting of UNHCR's 66-member governing body in Geneva with a call for nations to share, rather than shift, the burden of accepting asylum seekers.

He said the fear of criminal and terrorist networks, confusion about whether people are refugees or economic migrants, and the politicization of immigration policy have combined to erode the strength of asylum laws in many nations.

"The environment we are working in now must be described frankly as less friendly to refugees," he said.

Yet the numbers of refugees and asylum-seekers continue to fall. The total number of people who fall under UNHCR's concern has dropped by nearly 22 per cent from 21.8 million in January 2001 to 17.1 million at the start of this year. The number of people seeking asylum in industrialized States has also slumped, last year reaching its lowest level since 1997.

Mr. Lubbers said the concerted efforts of the agency and many nations meant "we are finding solutions for more and more people," citing as one example the organized return to Afghanistan of more than 3.5 million refugees since 2002.

Turning to UNHCR's current operations around the world, Mr. Lubbers said "the large-scale killing and clearing of villages" has now ended in the Darfur region of Sudan. But he lamented that "it took the international community half a year to really wake up" to the crisis in Darfur.

 

United States Vetoes Security Council Resolution Demanding Israel Withdraw From Gaza 7

The United Nations Security Council on 5 October failed to adopt a resolution that would have demanded Israel halt all military operations in northern Gaza and withdraw from the area.

The United States vetoed the draft, which received 11 votes in favour, with Germany, Romania and the United Kingdom abstaining.

Speaking prior to the Council's vote, Ambassador John C. Danforth of the United States called the proposed text "lopsided and unbalanced" for containing many "material omissions" and said it deserved a no vote.

Ambassador Danforth said it not only encouraged the terrorists, but would not do anything to prevent the predictable Israeli response. "Ultimately a resolution like this emboldens terrorists, encourages counter-attacks and contributes to the ultimate terrorist goal of derailing the peace process," he said. "The Security Council should reverse the incessant stream of one anti-Israel resolution after the other and apply pressure even-handedly, on both sides, to return to the road of peace."

Ambassador Abdallah Baali of Algeria, a co-sponsor of the resolution along with Pakistan and Tunisia, said he regretted that a "balanced and credible text" did not gain unanimous endorsement by the Council.

"By failing to take action, the Security Council is failing its responsibilities. It is once again failing the Palestinian people and once again it is sending the wrong message to the world. It is confirmed that when it comes to Israel, the Security Council is unable to take action, let alone under Chapter VII. It is sending the impression that it is effective only when it deals with Arab countries," he said.

The Permanent Observer of Palestine, Nasser Al-Kidwa, called it another "sad day" for the Security Council for its failure again to fulfil its responsibility in maintaining international peace and security. "The Council failed to take a stand vis-ŕ-vis the bloodshed against the Palestinian people by the Israeli occupation forces," he said. "The Council failed to call for an end to bloodshed and destruction."

Ambassador Dan Gillerman of Israel said a resolution that sought to condemn mechanisms for fighting terrorism, instead of the terrorism itself, distorted the seriousness of the issues at hand. "A resolution that indicts the victims of terror rather than their murderers is wrong and shameful," he said.

 

India, Pakistan Preparing To Send More Troops To DR Of Congo 8

India and Pakistan are preparing to quickly deploy some 1,700 soldiers to the Democratic Republic of the Congo (DRC) after the Security Council moved to bolster the United Nations peacekeeping operation there with an infusion of troops to conduct a range of new tasks, including protecting civilians from violence and enforcing an arms embargo in the east.

Speaking to the UN News Service from the Congolese capital, Kinshasa, a spokesperson for the UN Organization Mission in the DRC (MONUC) echoed the comments of Secretary-General Kofi Annan, who welcomed the Council action of 1 October but warned that the new authorized troop level of 16,700 fell "well below" his recommendation to deploy 23,900 peacekeepers and 507 civilian police.

That proposal was put forward in an August report in which the Secretary-General praised developing countries for their contributions to the mission, but said the Security Council should not rely solely on those nations. "Other troop-contributing countries must also play an active role in assisting the Congolese peace process and I call on them to seriously consider the invaluable assistance they can provide to peace in the Democratic Republic of the Congo," he said.

Since the resolution's unanimous adoption, arrangements have been made for an emergency deployment of two battalions of some 850 soldiers each, one from India and one from Pakistan, UN officials said. India will also provide four attack helicopters.

The remaining troop increases are still under discussion, but India and Pakistan are also expected to provide one brigade _ around 2,500 troops _ each. Developed countries were solicited for troop contributions, but there has as yet been no response, the officials said.

In boosting the number of MONUC peacekeepers, the Council also expanded the Mission's tasks to include protecting civilians "under imminent threat of violence," inspecting aircraft cargo and other traffic in North and South Kivu and Ituri in fulfilment of the ban on arms trading, and collecting arms and material. The Mission will also observe and report on troop movements and the presence of foreign forces in military hotspots.

 

UN Report Finds Africa Generally More Peaceful But Still Facing Threats 9

Africa is getting better at resolving armed conflicts and promoting peace but its outlook remains uncertain given the prevailing widespread extreme poverty, HIV/AIDS pandemic and continuing high rates of youth unemployment, Secretary-General Kofi Annan says in his latest report on the continent's fortunes.

In a progress report to the General Assembly on the causes of conflict in Africa and the promotion of durable peace and sustainable development there, Mr. Annan says the gloomy picture of 1998 _ when 14 States endured armed conflict or civil strife and another 11 were experiencing severe political crises _ "has changed dramatically and positively over the past six years."

Now, only six nations face armed conflict and "very few others" are undergoing major political crises, the Secretary-General says, adding that "most African countries enjoy relatively stable political conditions are governed by democratically elected regimes."

Peace agreements have been brokered or negotiations are continuing in many nations, and regional groups such as the African Union (AU) and the Economic Community of West African States (ECOWAS) are playing a greater role in carrying out these tasks.

But Mr. Annan states that the steady progress being made in those areas is being undermined by the "modest and slow" progress in such fields as ensuring the independence of the judiciary and promoting public transparency and accountability.

The bigger concern, however, is the failure to make major inroads in reducing poverty, despite the implementation of the New Partnership for Africa's Development (NEPAD) _ a pact for the continent's advancement adopted in 2001. This problem is being exacerbated by the rapid rates of urbanization across Africa and the relative lack of arable land.

The Secretary-General calls for the acceleration of NEPAD to promote economic development, voicing his particular concern at the fortune of post-conflict countries.

He says the issue of tackling poverty is especially urgent because HIV/AIDS has the potential to destabilize many States by robbing them of numerous civil servants, professionals and other productive members of the workforce.

Mr. Annan also warns that the "crisis of youth unemployment" is a potential threat to future peace and stability _ particularly in countries that have only just emerged from conflict and where disarmament and reintegration programmes have only been partially successful. 

 

Pesticide Poisoning Affects Children At Higher Rate, Say UN Agencies 10

Pesticide poisoning is a serious health problem that disproportionately affects infants and children, three United Nations agencies say in a new report released on 5 October, urging steps to minimize youngsters' exposure to such potentially deadly chemicals.

An estimated 1 million to 5 million cases of pesticide poisonings occur each year, resulting in several thousand fatalities, including children, according to Childhood Pesticide Poisoning: Information for Advocacy and Action, published by the Food and Agriculture Organization (FAO), UN Environment Programme (UNEP) and World Health Organization (WHO).

Children face higher risks from pesticides than adults because they may be more susceptible or are exposed more to such chemicals over the course of their lifetime, the report says. Most of the poisonings take place in rural areas of developing countries, where safeguards typically are inadequate or lacking altogether. Although developing nations use just a quarter of the world's production of pesticides, they experience 99 per cent of the deaths due to pesticide poisoning.

Diet and poverty are two of the major sources of exposure for children, the report says. Food and water containing pesticide residues may be a source of chronic, low-level pesticide exposure; growing food on or near contaminated soils puts children at risk; and even pesticides stored incorrectly in the field or the household may contaminate food or water.

In poor families, meanwhile, children often help on family farms where pesticides are used; pesticide users, including teenagers, may lack access to protective equipment or receive no training; and in many developing countries, the marking and advertising of pesticides is often uncontrolled or illicit.

To minimize risk, the UN agencies urge reducing and eliminating possible sources of pesticide exposure to children and home and at work, keeping such chemicals out their reach, and cutting the use of agricultural pesticides through Integrated Pest Management (IPM).

Other steps to reduce the harmful effects include training health workers to recognize and manage pesticide poisoning, providing training to people on how to use pesticides safely, running educational and information campaigns
in the media, and addressing all aspects of pesticide management from manufacturing until use or disposal.

 

Experts Urge Stronger Action Against Wildlife Poachers 11

Law enforcement experts are urging stronger action against poachers or smugglers of endangered species, but warn that many countries lack the ability to fight wildlife crimes, the United Nations Environment Programme (UNEP) said on 5 October.

Their recommendations on how to deal with the problem will be presented this week in Bangkok to the 13th meeting of the Conference of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which seeks to ensure that global trade in wild animals and plants does not threaten their survival. UNEP staffs the treaty's operations.

The illegal trade in wildlife remains the second-greatest threat to the world's endangered species after habitat destruction, the agency said. Many wildlife smugglers deal in products that are worth more, per kilogram, than cocaine or heroin. Shawls made from the fine wool of the Tibetan antelope, for example, can cost more than $15,000 each. The caviar trade is infested with organized crime networks.

According to the 20-person group of law enforcement experts assembled by CITES, illicit trafficking of wildlife continues at high levels and increasingly involves organized criminal networks, sophisticated poaching and smuggling techniques, fraudulent trade permits, corruption and violence against enforcement officers.

In addition, national authorities often lack the necessary resources and experience to meet the challenge, and there is not enough coordination and information sharing among various enforcement authorities.

"We are in danger of losing the war against wildlife crime, especially for some very rare animals and plants, unless modern professional law enforcement techniques are directed against criminals who care for nothing but profit, who exploit some of the world's poorest communities and take advantage of periods of civil unrest and instability," said CITES Secretary-General Willem Wijnstekers.

At the Bangkok meeting, experts will be calling for governments to recognize the seriousness of wildlife crime and a commitment by law enforcement authorities to give it a higher priority. They also urge an increase in the status, authority, training and quality of equipment of wildlife law enforcement personnel.

 

General Assembly Asked To Consider Draft Resolution On Human Cloning 12

The Legal Committee of the United Nations General Assembly is being asked to adopt a resolution that would set in motion the drafting of an international convention banning reproductive human cloning.

A draft resolution, sponsored by 57 nations and tabled last week, calls for a global pact against human cloning because it "is unethical, morally reproachable and contrary to due respect for the human person."

The resolution states that such a treaty would not ban "the use of nuclear transfer or other cloning techniques to produce DNA molecules, organs, plants, tissues, [and] cells other than human embryos or animals other than human beings."

The resolution urges States to ban any research or experiments aimed at human cloning in their own territories pending the drafting of an international convention. 

It also calls for States and others to direct funds that might have been used for human cloning to "pressing global issues in developing countries," citing famine, infant mortality and the HIV/AIDS pandemic as examples.

The issue of how and/or whether the world should regulate human cloning technology has in recent times divided the General Assembly: in 2003, delegates agreed to postpone any debate on the subject until this session.