UN & Conflict Monitor, Autumn 1999: Documentation and Sources

This Issue

Civilians in Armed Conflict

SC Resolution 1265 17, September 1999 (S/RES/1265)

Selected Extracts

"The Security Council,

Strongly condemns the deliberate targeting of civilians in situations of armed conflict as well as attacks on objects protected under international law, and calls on all parties to put an end to such practices;
Calls on States which have not already done so to consider ratifying the major instruments of international humanitarian, human rights and refugee law, and to take appropriate legislative, judicial and administrative measures to implement these instruments domestically …;
Emphasises the responsibility of States to end impunity and to prosecute those responsible for genocide, crimes against humanity and serious violations of international humanitarian law, affirms the possibility, to this end, of using the International Fact-Finding Commission established by Article 90 of the First Additional Protocol to the Geneva Conventions …;
Expresses its willingness to respond to situations of armed conflict where civilians are being targeted or humanitarian assistance to civilians is being deliberately obstructed …;
Expresses its willingness to consider how peacekeeping mandates might better address the negative impact of armed conflict on civilians;
Expresses its support for the inclusion, where appropriate, in peace agreements and mandates of United Nations peacekeeping missions, of specific and adequate measures for the disarmament, demobilisation and reintegration of ex-combatants, with special attention given to the demobilisation and reintegration of child soldiers, as well as clear and detailed arrangements for the destruction of surplus arms and ammunition …;
Notes the importance of including in the mandates of peacemaking, peacekeeping and peace-building operations special protection and assistance provisions for groups requiring particular attention, including women and children;
Requests the Secretary-General to ensure that United Nations personnel involved in peacemaking, peacekeeping and peace-building activities have appropriate training in international humanitarian, human rights and refugee law, including child and gender-related provisions, negotiation and communication skills, cultural awareness and civilian-military coordination, and urges States and relevant international and regional organizations to ensure that appropriate training is included in their programmes for personnel involved in similar activities;
Underlines the importance of civilian police as a component of peacekeeping operations, recognises the role of police in assuring the safety and well-being of civilians and, in this regard, acknowledges the need to enhance the capacity of the United Nations for the rapid deployment of qualified and well-trained civilian police;
Notes that the excessive accumulation and destabilising effect of small arms and light weapons pose a considerable impediment to the provision of humanitarian assistance and have a potential to exacerbate and prolong conflicts, endanger the lives of civilians and undermine security and the confidence required for a return to peace and stability;
Stresses the importance of consultation and co-operation between the United Nations, the International Committee of the Red Cross and other relevant organisations, including regional organisations …;
Expresses its willingness also to work in co-operation with regional organisations to examine how these bodies might better enhance the protection of civilians in armed conflict;

East Timor

UNA Statement on East Timor, 10 September 1999

As it has become increasingly clear that the Indonesian authorities are incapable of maintaining security in East Timor, despite the imposition of martial law, more urgent measures must be implemented immediately to guarantee the safety of the Timorese population and UN personnel in the province. Indonesian protestations that the outside world must be sympathetic to their attempts to control the militias cannot be taken seriously as there is enough evidence of the security forces' complicity in the violence. Moreover, such statements do not help the urgently pressing needs of the persecuted Timorese population.

We welcome the Security Council's mission to Jakarta and Dili and appreciate the efforts of Kofi Annan to secure Indonesian acquiescence in allowing an international military presence in the province. We also particularly commend the bravery of the UN personnel remaining in Dili. However, we feel that the greatest efforts must be made immediately to prepare to dispatch an international military presence to protect the people of East Timor, if necessary without Jakarta's authorisation.

Article 7 of the agreement between the Republic of Indonesia and the Portuguese Republic on the question of East Timor, signed on 5 May 1999 and witnessed by Kofi Annan, requests that the UN Secretary-General maintain "an adequate UN presence in East Timor" during "the interim period between the conclusion of the popular consultation and the start of the implementation" of independence - or autonomy, had that been the result. Although the result of the referendum should be ratified by the Indonesian government, under the extremely urgent circumstances, an adequate presence must be deployed immediately. Furthermore, any legal misgivings about interfering in the affairs of a sovereign state need not apply as Jakarta's annexation of East Timor has not been recognised internationally, while the former colonial ruler, Portugal, has been one of strongest advocates for military intervention.

While we appreciate that the deployment of an international force would be much cleaner and more effective with the approval of the Indonesian authorities and we support efforts to bring this about quickly, in view of the urgency of the situation, the Security Council must be prepared to authorise an adequate and effective operation, without consent if necessary. The UK must use its position as a permanent Council Member to press hard and urgently for such action. We cannot emphasise enough the exigency of the situation, as prevarication and delay can only lead to more death and destruction.

Resolution 1264, 15 September 1999 (S/RES/1264)

Selected Extracts

"The Security Council,

Acting under Chapter VII of the Charter of the United Nations,

Authorises the establishment of a multinational force under a unified command structure, pursuant to the request of the Government of Indonesia conveyed to the Secretary-General on 12 September 1999, with the following tasks: to restore peace and security in East Timor, to protect and support [UN Mission in East Timor] UNAMET in carrying out its tasks and, within force capabilities, to facilitate humanitarian assistance operations, and authorises the States participating in the multinational force to take all necessary measures to fulfil this mandate;
Welcomes the expressed commitment of the Government of Indonesia to co-operate with the multinational force in all aspects of the implementation of its mandate and looks forward to close co-ordination between the multinational force and the Government of Indonesia;
Underlines the Government of Indonesia's continuing responsibility under the Agreements of 5 May 1999 … to maintain peace and security in East Timor in the interim phase between the conclusion of the popular consultation and the start of the implementation of its result and to guarantee the security of the personnel and premises of UNAMET;
Welcomes the offers by Member States to organise, lead and contribute to the multinational force in East Timor, calls on Member States to make further contributions of personnel, equipment and other resources and invites Member States in a position to contribute to inform the leadership of the multinational force and the Secretary-General;
Stresses that it is the responsibility of the Indonesian authorities to take immediate and effective measures to ensure the safe return of refugees to East Timor;
Notes that Article 6 of the Agreement of 5 May 1999 states that the Governments of Indonesia and Portugal and the Secretary-General shall agree on arrangements for a peaceful and orderly transfer of authority in East Timor to the United Nations, and requests the leadership of the multinational force to co-operate closely with the United Nations to assist and support those arrangements;
Stresses that the expenses for the force will be borne by the participating Member States concerned …;
Agrees that the multinational force should collectively be deployed in East Timor until replaced as soon as possible by a United Nations peacekeeping operation …;
Invites the Secretary-General to plan and prepare for a United Nations transitional administration in East Timor, incorporating a United Nations peacekeeping operation, to be deployed in the implementation phase of the popular consultation …".

Sierra Leone

SC Resolution 1260, 20 August 1999 (S/RES/1260)

Selected Extracts

"The Security Council,

Welcomes the signing of the Peace Agreement between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone (RUF) in Lomé on 7 July 1999 (S/1999/777);
… Authorises the provisional expansion of [The UN Observer Mission in Sierra Leone] UNOMSIL to up to 210 military observers along with the necessary equipment and administrative and medical support … and decides that these additional military observers shall be deployed as security conditions permit and shall operate for the time being under security provided by ECOMOG;
Authorizes the strengthening of the political, civil affairs, information, human rights and child protection elements of UNOMSIL … including through the appointment of a deputy Special Representative of the Secretary-General and the expansion of the Office of the Special Representative of the Secretary-General".

Children in Armed Conflict

SC Resolution 1261, 25 August 1999 (S/RES/1261)

Selected Extracts

"The Security Council,

Expresses its grave concern at the harmful and widespread impact of armed conflict on children and the long-term consequences this has for durable peace, security and development;
Strongly condemns the targeting of children in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement, recruitment and use of children in armed conflict in violation of international law, and attacks on objects protected under international law, including places that usually have a significant presence of children such as schools and hospitals, and calls on all parties concerned to put an end to such practices;
Calls upon all parties concerned to comply strictly with their obligations under international law … and stresses the responsibility of all States to bring an end to impunity and their obligation to prosecute those responsible for grave breaches of the Geneva Conventions …;
… Urges all parties to armed conflicts to ensure that the protection, welfare and rights of children are taken into account during peace negotiations and throughout the process of consolidating peace in the aftermath of conflict;
Calls upon parties to armed conflicts to undertake feasible measures during armed conflicts to minimise the harm suffered by children, such as "days of tranquillity" to allow the delivery of basic necessary services …;
… Urges States and all relevant parts of the United Nations system to intensify their efforts to ensure an end to the recruitment and use of children in armed conflict in violation of international law through political and other efforts, including promotion of the availability of alternatives for children to their participation in armed conflict;
Undertakes, when taking action aimed at promoting peace and security, to give special attention to the protection, welfare and rights of children, and requests the Secretary-General to include in his reports recommendations in this regard;
Reaffirms its readiness when dealing with situations of armed conflict:
a)to continue to support the provision of humanitarian assistance to civilian populations in distress, taking into account the particular needs of children …;
b)to continue to support the protection of displaced children including their resettlement by UNHCR and others as appropriate; and
c)whenever adopting measures under Article 41 of the Charter of the United Nations, to give consideration to their impact on children, in order to consider appropriate humanitarian exemptions;
… Requests the Secretary-General to submit to the Council by 31 July 2000 a report on the implementation of this resolution".

Democratic Republic of the Congo

SC Resolution 1258, 6 August 1999 (S/RES/1258)

Selected Extracts

"The Security Council,

Authorises the deployment of up to 90 United Nations military liaison personnel, together with the necessary civilian, political, humanitarian and administrative staff, to the capitals of the States signatories to the Cease-fire Agreement and the provisional headquarters of the [Joint Military Commission] JMC, and, as security conditions permit, to the rear military headquarters of the main belligerents in the Democratic Republic of the Congo and, as appropriate, to other areas the Secretary-General may deem necessary, for a period of three months, with the following mandate:
To establish contacts and maintain liaison with the JMC and all parties to the Agreement;
To assist the JMC and the parties in developing modalities for the Implementation of the Agreement;
To provide technical assistance, as requested to the JMC;
To provide information to the Secretary-General regarding the situation on the ground, and to assist in refining a concept of operations for a possible further role of the United Nations in the Implementation of the Agreement once it is signed by all parties; and
To secure from the parties guarantees of co-operation and assurances of security for the possible deployment in-country of military observers".

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