
Summary: October 11, 2004: Statement by Mr. Carl Peersman, Permanent Mission of the Netherlands to the UN, on behalf of the European Union at the 59th SESSION OF THE GENERAL ASSEMBLY - SIXTH COMMITTEE - Item 149: EU Presidency Statement for the Working Group on the Scope of Legal Protection under the Convention on Safety of United Nations and Associated Personnel (New York)
Mr. Chairman,
I have the honor to speak on behalf of the European Union. The Candidate Countries Bulgaria, Romania and Croatia*, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Serbia and Montenegro, and the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this declaration.
Mr. Chairman,
The European Union is deeply disturbed by the continuing attacks and acts of violence against United Nations and associated personnel, such as the attack against the UN Headquarters in Baghdad on 19 August 2003, as well as recent attacks against UN Personnel in the DRC, Afghanistan and personnel in UNMIK. The European Union unequivocally condemns these unjustifiable and unacceptable attacks. We urge states to ensure that such crimes do not go unpunished and that the perpetrators are brought to
justice.
The need to promote and protect effectively the safety and security of United Nations and associated personnel is a major concern for us all. These personnel carry out activities in the fulfilment of the mandates of UN operations and act in the common interest of the international community. We would like to pay tribute to the courageous men and women who have served and who continue to serve in UN operations and missions and especially to those who have lost their lives while performing
services for the United Nations.
The increasing dangers and security risks faced by local staff of UN offices and international staff of UN humanitarian agencies and non-governmental organisations make it even more urgent that measures are taken to reinforce their safety and security. The European Union hopes to make progress in the upcoming discussions, in which we can build upon the report of the Ad Hoc Committee on the Scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel
(A/59/52), as well as upon the report of the Secretary-General on this issue (A/59/226).
Mr. Chairman,
This year, we recall the 10th anniversary of the adoption of the Convention on the Safety of United Nations and Associated Personnel in 1994. The European Union welcomes the inclusion of core provisions of this Convention in recently concluded status-of-forces and status-of-missions agreements. However, we would like to re-emphasise the fundamental importance of securing universal acceptance of the Convention itself and call again upon all States that have not done so, to ratify or accede to it
as a matter of urgency.
Mr. Chairman,
The European Union takes note of the concerns expressed by the Secretary-General in his report with regard to the 'declaration of exceptional risk', including his recommendation to the General Assembly to declare that there exists an exceptional risk for the United Nations Operations in Afghanistan. The fact that such a declaration is needed, but has not yet been made, shows clearly the necessity for a change in the current system. In this respect the European Union would like to draw the
attention of other delegates again to the informal working paper from the coordinator. We continue to support the preparation of an additional protocol to the 1994 Convention, which would upon its acceptance by States broaden the scope of legal protection under the Convention. Its protective regime would then also cover UN and associated personnel of certain UN operations other than peacekeeping operations, and so dispense of the need for a 'declaration of exceptional risk'.
The European Union notes the concerns of the Secretary-General with regard to locally recruited personnel. In this regard, the European Union wants to emphasise that it aims to achieve the broadest possible legal protection. We are of the opinion that this can be done while not affecting the sovereign right of host or transit States. In this regard, we would like to make reference to article III of the Protocol proposed by New Zealand which expressly states that this right is not prejudices by
the duties of State Parties under article 8 of the Convention.
Mr. Chairman,
The European Union stands ready to continue our discussions and expresses a readiness to listen to arguments put forward in favour of other proposals. But the European Union also hopes that the GA soon comes to a consensus on this important issue of protection of UN-personnel, which is of common interest to the Organization and the Member States of the UN alike,
Thank you, Mr. Chairman.
*Croatia continues to be part of the Stabilisation and Association Process
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