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UN Security Council Adopts Resolution 1820 to End Sexual Violence in Conflict

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http://www.un.org/News/Press/docs//2008/sc9364.doc.htm

SECURITY COUNCIL RESOLUTION 1820 (2008) INCLUDED.

For Full Press Release, see above Link.

19 June 2008

Security Council SC/9364

SECURITY COUNCIL DEMANDS IMMEDIATE & COMPLETE HALT TO ACTS OF SEXUAL VIOLENCE AGAINST CIVILIANS IN CONFLICT ZONES, UNANIMOUSLY ADOPTING RESOLUTION 1820 (2008)

Caps Day-Long Ministerial-Level Debate on “Women, Peace and Security”,

Calls on Secretary-General to Report on Text’s Implementation by 30 June 2009

The Security Council today demanded the “immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians,” expressing its deep concern that, despite repeated condemnation, violence and sexual abuse of women and children trapped in war zones was not only continuing, but, in some cases, had become so widespread and systematic as to “reach appalling levels of brutality”.

Capping a day-long ministerial-level meeting on “women, peace and security”, the 15-member Council unanimously adopted resolution 1820 (2008), which noted that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide”.  It also affirmed the Council’s intention, when establishing and renewing State-specific sanction regimes, to consider imposing “targeted and graduated” measures against warring factions who committed rape and other forms of violence against women and girls.

The resolution also noted that women and girls are particularly targeted by the use of sexual violence, including in some cases as “a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group”.  Stressing that such violence could significantly exacerbate conflicts and impede peace processes, the text affirmed the Council’s readiness to, where necessary, adopt steps to address systematic sexual violence deliberately targeting civilians, or as a part of a widespread campaign against civilian populations.

Further to the text, the Council demanded that all parties to armed conflict take immediate and appropriate measures to protect civilians, including by, among others, enforcing appropriate military disciplinary measures and upholding the principle of command responsibility; training troops on the categorical prohibition of all forms of sexual violence against civilians; debunking myths that fuel sexual violence; and vetting armed and security forces to take into account past sexual violence.

The text made several key requests of the Secretary-General, including that he submit by 30 June 2009 a report on implementation of the resolution that would include, among other things, information on conflict situations in which sexual violence was widely or systematically employed against civilians; and proposals aimed at minimizing the susceptibility of women and girls to such violence.  It also requested him to develop effective guidelines and strategies to enhance the ability of relevant United Nations peacekeeping operations to protect civilians, including women and girls, from all forms of sexual violence.

Chairing the debate on behalf of the United States, which holds the Security Council presidency for the month, Secretary of State Condoleezza Rice noted that there had long been dispute about whether sexual violence against women in conflict was an issue the Council was authorized to address.  “I am proud that, today, we respond to that lingering question with a resounding ‘yes!’,” she said, adding that the world body was acknowledging that such violence was indeed a security concern.  “We affirm that sexual violence profoundly affects not only the health and safety of women, but the economic and social stability of their nations,” she said.

In his opening remarks to the meeting, which came eight years after the Council had adopted its landmark resolution 1325 on women, peace and security, United Nations Secretary-General Ban Ki-moon said that an increasing and alarming number of women and girls were falling victim to sexual violence in conflict and that the problem had reached unspeakable and pandemic proportions in some societies attempting to recover from it.  “But we can and must push back.”  He announced plans to shortly appoint a Messenger of Peace tasked entirely with advocacy for ending violence against women.  He also urged the Council to adopt resolutions with strong language on sexual and gender-based violence, so that “the UN can respond more forcefully”.

“We must do far more to involve women in conflict prevention, peace negotiations and recovery after the guns fall silent,” he said, stressing that he needed Member States to come forward with more women candidates.  Referring to the all-female Indian civil police unit in the United Nations Mission in Liberia (UNMIL) as a possible model, he said that, when Member States send qualified personnel, the United Nations could demonstrate the central role of women in restoring stability to war-ravaged countries.

On the issue of Untied Nations operations, the Secretary-General said: “Let me be clear; the United Nations and I personally are profoundly committed to a zero-tolerance policy against sexual exploitation or abuse by our own personnel.”  By creating a culture that punished violence and elevated women to their rightful role, “we can lay the foundation for lasting stability, where women are not victims of violence, but agents of peace”, he added.

Deputy Secretary-General Asha-Rose Migiro also addressed the meeting, which featured the participation of nearly 60 speakers, saying that sexual violence had not only grave physical and psychological health consequences for its victims, but also direct social consequences for communities and entire societies.  “Impunity for sexual violence committed during conflict perpetuates a tolerance of abuse against women and girls and leaves a damaging legacy by hindering national reconciliation,” she said.

Ms. Migiro added that tackling this complex problem on all fronts would require the combined effort of all, including Governments, the United Nations system, as well as civil society and non-governmental organizations.  She called women “one of our greatest assets” in the fight against such horrific crimes.  “If we promote the full and equal participation of women in the security sector, we can ensure that security services effectively identify and respond to their needs,” she added

Echoing that sentiment, General Assembly President Srgjan Kerim said that women must be assured equal and full participation in conflict resolution and peacebuilding processes, and represented in the structures and institutions realized from any peace dividend to ensure that it lasted.

He also noted that, while both the Assembly and the Council had adopted groundbreaking resolutions on the issue, stronger and more coordinated efforts were needed to address sexual violence against women.  “Clearly, we all have to do more to prevent human rights violations against women and girls in situations of armed conflict, do more to punish the perpetrators and end the impunity of war crimes violators,” he said.

Among the other high-level speakers today, Olubanke King-Akerele, Minister for Foreign Affairs of Liberia, said the issue before the Council was of the utmost seriousness, and the powerful 15-member body and the wider international community must step up efforts to address that grave abuse of dignity and human rights.  Much remained to be done to ensure broad implementation of resolution 1325 (2000), which needed accountability, measurement and benchmarks.  And, it needed focal points within the United Nations system to follow-up on its implementation at national levels.  To address those shortcomings, she suggested mechanisms similar to those included in Security Council resolutions on “children and armed conflict”.

Retired Major General Patrick Cammart, Former Division Commander of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), said that the current climate of impunity in most post-conflict contexts allowed the many forms of violence, including sexual violence, to flourish.  Further, the political will to end the vicious cycle of impunity did not exist.  That being the case, impunity remained a serious impediment for the prevention of sexual violence.  “It has probably become more dangerous to be a woman than a soldier in an armed conflict,” he said.

“You are the UN, you play an important role to ensure that the UN and the international community continue to intensify actions to end violence against women and girls,” he said, adding that everyone understood how many important issues were before the Council at any given moment, each needing great care and attention.  But, women and girls were suffering.  “You have the responsibility to protect them and to take real and effective measures to put an end to this,” he said.

Also participating in the debate were the Vice-Prime Minister of Croatia, and the Foreign Ministers of South Africa and Burkina Faso.

They were joined by senior ministers and Government officials from the United Kingdom, Belgium, France, Italy, and the Democratic Republic of the Congo.

Also speaking were the representatives of China, Libya, Viet Nam, Costa Rica, Indonesia, Panama, Russian Federation, Japan (in his capacity and as Chairperson of the Peacebuilding Commission), Liechtenstein, Ghana, Slovenia (on behalf of the European Union), Australia, Spain, New Zealand, Bangladesh, Netherlands, Israel, Iceland (also on behalf of Denmark, Finland, Norway and Sweden), Nigeria, Brazil, Switzerland, Ireland, Canada, Ecuador, Republic of Korea, Mexico, Austria, Argentina, Colombia, United Republic of Tanzania, Germany, Kazakhstan, Iraq, Rwanda, Philippines, Afghanistan, El Salvador, Tonga (on behalf of the Pacific Small Island Developing States), Bosnia and Herzegovina, Myanmar, Tunisia, Benin, Mauritania and San Marino.

The Commissioner for Peace and Security of the African Union also addressed the debate.

The meeting began at 10:10 a.m. and was suspended at 1:15 p.m.  The Council reconvened at 3:10 p.m. and ended its meeting at 6:55 p.m.

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The full text of resolution 1820 (2008) reads as follows:

“The Security Council,

“Reaffirming its commitment to the continuing and full implementation of resolution 1325 (2000), 1612 (2005) and 1674 (2006) and recalling the statements of its president of 31 October 2001 (Security Council/PRST/2001/31), 31 October 2002 (Security Council/PRST/2002/32), 28 October 2004 (Security Council/PRST/2004/40), 27 October 2005 (Security Council/PRST/2005/52), 8 November 2006 (Security Council/PRST/2006/42), 7 March 2007 (Security Council/PRST/2007/5), and 24 October 2007 (Security Council/PRST/2007/40);

“Guidedby the purposes and principles of the Charter of the United Nations,

“Reaffirming also the resolve expressed in the 2005 World Summit Outcome Document to eliminate all forms of violence against women and girls, including by ending impunity and by ensuring the protection of civilians, in particular women and girls, during and after armed conflicts, in accordance with the obligations States have undertaken under international humanitarian law and international human rights law;

“Recalling the commitments of the Beijing Declaration and Platform for Action (A/52/231) as well as those contained in the outcome document of the twenty-third Special Session of the United Nations General Assembly entitled “Women 2000: Gender Equality, Development and Peace for the Twenty-first Century” (A/S‑23/10/Rev.1), in particular those concerning sexual violence and women in situations of armed conflict;

“Reaffirming also the obligations of States Parties to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol thereto, the Convention on the Rights of the Child and the Optional Protocols thereto, and urging states that have not yet done so to consider ratifying or acceding to them,

“Noting that civilians account for the vast majority of those adversely affected by armed conflict; that women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilianmembers of a community or ethnic group; and that sexual violence perpetrated in this manner may in some instancespersist after the cessation of hostilities;

“Recalling its condemnation in the strongest terms ofall sexual and other forms of violence committed against civilians in armed conflict, in particular women and children;

“Reiterating deep concern that, despite its repeated condemnation of violence against women and children in situations of armed conflict, including sexual violence in situations of armed conflict, and despite its calls addressed to all parties to armed conflict for the cessation of such acts with immediate effect, such acts continue to occur, and in some situations have become systematic and widespread, reaching appalling levels ofbrutality,

“Recalling the inclusion of a range of sexual violence offences in the Rome Statute of the International Criminal Court and the statutes of the ad hoc international criminal tribunals,

“Reaffirming the important role of women in the prevention and resolution of conflicts and in peacebuilding, and stressing the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, and the need to increase their role in decision-making with regard to conflict prevention and resolution,

“Deeply concerned also about the persistent obstacles and challenges to women’s participation and full involvement in the prevention and resolution of conflicts as a result of violence, intimidation and discrimination, which erode women’s capacity and legitimacy to participate in post-conflict public life, and acknowledging the negative impact this has on durable peace, security and reconciliation, including post-conflict peacebuilding,

“Recognizing that States bear primary responsibility to respect and ensure the human rights of their citizens, as well as all individuals within their territory as provided for by relevant international law,

“Reaffirming that parties to armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of affected civilians,

“Welcoming the ongoing coordination of efforts within the United Nations system, marked by the inter-agency initiative “United Nations Action against Sexual Violence in Conflict,” to create awareness about sexual violence in armed conflicts and post-conflict situations and, ultimately, to put an end to it,

“1.   Stresses that sexual violence, when used or commissioned as a tactic of war in order to deliberately target civilians or as a part of a widespread or systematic attack against civilian populations, can significantly exacerbate situations of armed conflict and may impede the restoration of international peace and security, affirms in this regard that effective steps to prevent and respond to such acts of sexual violence can significantly contribute to the maintenance of international peace and security, and expresses its readiness, when considering situations on the agenda of the Council, to, where necessary, adopt appropriate steps to address widespread or systematic sexual violence;

“2.   Demands the immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians with immediate effect;

“3.   Demands that all parties to armed conflict immediately take appropriate measures to protect civilians, including women and girls, from all forms of sexual violence, which could include, inter alia, enforcing appropriate military disciplinary measures and upholding the principle of command responsibility, training troops on the categorical prohibition of all forms of sexual violence against civilians, debunking myths that fuel sexual violence, vetting armed and security forces to take into account past actions of rape and other forms of sexual violence,and evacuation of women and children under imminent threat of sexual violence to safety; and requests the Secretary-General, where appropriate, to encourage dialogue to address this issuein the context of broader discussions of conflict resolution between appropriate UN officials and the parties to the conflict, taking into account, inter alia, the views expressed by women of affected local communities;

“4.   Notes that rape and other forms of sexual violence can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide, stresses the need for the exclusion of sexual violence crimes from amnesty provisions in the context of conflict resolution processes, and calls upon Member States to comply with their obligations for prosecuting persons responsible for such acts, to ensure that all victims of sexual violence, particularly women and girls, have equal protection under the law and equal access to justice, and stresses the importance of ending impunity for such acts as part of a comprehensive approach to seeking sustainable peace, justice, truth, and national reconciliation;

“5.   Affirms its intention, when establishing and renewing state-specific sanctions regimes, to take into consideration the appropriateness of targeted and graduated measures against parties to situations of armed conflict who commit rape and other forms of sexual violence against women and girls in situations of armed conflict;

“6.   Requests the Secretary-General, in consultation with the Security Council, the Special Committee on Peacekeeping Operations and its Working Group and relevant States, as appropriate, to develop and implement appropriate training programs for all peacekeeping and humanitarianpersonnel deployed by the United Nations in the context of missions as mandated by the Councilto help them better prevent, recognize and respond to sexual violence and other forms of violence against civilians;

“7.   Requests the Secretary-General to continue and strengthen efforts to implement the policy of zero tolerance of sexual exploitation and abuse in United Nations peacekeeping operations; and urges troop and police contributing countries to take appropriate preventative action, including pre-deployment and in-theatre awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel;

“8.   Encourages troop and police contributing countries, in consultation with the Secretary-General, to consider steps they could take to heighten awareness and the responsiveness of their personnel participating in United Nations peacekeeping operations to protect civilians, including women and children, and prevent sexual violence against women and girls in conflict and post-conflict situations, including wherever possible the deployment of a higher percentage of women peacekeepers or police;

“9.   Requests the Secretary-General to develop effective guidelines and strategies to enhance the ability of relevant United Nations peacekeeping operations, consistent with their mandates, to protect civilians, including women and girls, from all forms of sexual violence and to systematically include in his written reports to the Council on conflict situations his observations concerning the protection of women and girls and recommendations in this regard;

“10. Requests the Secretary-General and relevant United Nations agencies, inter alia, through consultation with women and women-led organizations as appropriate,to develop effective mechanisms for providing protection from violence, including in particular sexual violence, to women and girls in and around United Nations managed refugee and internally displaced persons camps, as well as in all disarmament, demobilization, and reintegration processes, and in justice andsecurity sector reform efforts assisted by the United Nations;

“11.  Stresses the important role the Peacebuilding Commission can play by including in its advice and recommendations for post-conflict peacebuilding strategies, where appropriate, ways to address sexual violence committed during and in the aftermath of armed conflict, and in ensuring consultation and effective representation of women’s civil society in its country-specific configurations, as part of its wider approach to gender issues;

“12.  Urges the Secretary-General and his Special Envoys to invite women to participate in discussions pertinent to the prevention and resolution of conflict, the maintenance of peace and security, and post-conflict peacebuilding, and encourages all parties to such talks to facilitate the equal and full participation of women at decision-making levels;

“13.  Urges all parties concerned, including Member States, United Nations entities and financial institutions, to support the development and strengthening of the capacities of national institutions, in particular of judicial and health systems, and of local civil society networks in order to provide sustainable assistance to victims of sexual violence in armed conflict and post-conflict situations;

“14.  Urges appropriate regional and sub-regional bodies in particular to consider developing and implementing policies, activities, and advocacy for the benefit of women and girls affected by sexual violence in armed conflict;

“15.  Also requests the Secretary-General to submit a report to the Council by 30 June 2009 on the implementation of this resolution in the context of situations which are on the agenda of the Council, utilizing information from available United Nations sources, including country teams, peacekeeping operations, and other United Nations personnel, which would include, inter alia, information on situations of armed conflict in which sexual violence has been widely or systematically employed against civilians; analysis of the prevalence and trends of sexual violence in situations of armed conflict; proposals for strategies to minimize the susceptibility of women and girls to such violence; benchmarks for measuring progress in preventing and addressing sexual violence; appropriate input from United Nations implementing partners in the field; information on his plans for facilitating the collection of timely, objective, accurate, and reliable information on the use of sexual violence in situations of armed conflict, including through improved coordination of United Nations activities on the ground and at Headquarters; and information on actions taken by parties to armed conflict to implement their responsibilities as described in this resolution, in particular by immediately and completely ceasing all acts of sexual violence and in taking appropriate measures to protect women and girls from all forms of sexual violence;

“16.  Decides to remain actively seized of the matter.”

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