Security Council Open Debate on the Maintenance of International Peace and Security, January 2012

Tuesday, January 24, 2012

OVERVIEW

On the 19th of January the Security Council held an Open Debate, under the Presidency of South Africa on the importance of the rule of law as one of the key elements of international peacekeeping, conflict prevention, conflict resolution and peacebuilding. The Council adopted a Presidential Statement (S/PRST/2012/1) which in its fifth paragraph says that the Security Council reiterates its concern about the situation of the most vulnerable groups and displaced persons including women. The paragraph also says that the Council expresses particular concern about sexual and gender-based violence in conflict situations and recalls in this regard SCR1325.

Of the 15 UN Security Council Member statements, 6 countries mentioned women/gender or made references to the women, peace and security agenda (WPS). Those countries were Azerbaijan, Germany, India, Portugal, United Kingdom and USA. Non Security Council States or others who mentioned WPS included Brazil, Mexico, Austria, Costa Rica, Estonia, Finland, Mexico, Peru and the European Union. Those speakers who mentioned WPS have had their statements published on this site. The debate focused on punishment of those who had committed crimes against humanity and violated international law and almost all speakers stressed the fight against impunity and that the role of the International Court of Justice should be strengthened. Other themes that were discussed during the debate were the importance of not only technical assistance when it comes to transitional justice processes but also a respect for human rights, reconciliation mechanisms and how the United Nations could change or alter their rule of law programmes.

GENDER ANALYSIS

Regrettably, not even half of Security Council Member States mentioned gender or women in relations to the topic of the debate. In contrast, almost every non-Security Council country that spoke, including the European Union, mentioned gender issues and women in their statements.

Austria, Costa Rica, Estonia, Germany, India, and Portugal emphasized gender equality and voiced concern for the vulnerability of women and their protection in conflict and post-conflict situations. Austria, Brazil, Estonia, Portugal and the United States referenced women's access to justice and sexual and gender –based violence.

Of particular note was Estonia's reference to SCR 1325, which “should remain high on the agenda of the United Nations.”

In referencing their newly launched National Action Plan (NAP), the United States stated that women were “not just victims of war; they are agents of peace and essential to building the rule of law in any society.”

10 countries included women as an important factor in transitional justice processes and/or highlighted the specific rights and needs of women. Some countries used general terms as gender equality or women's rights, some used substantive language that referred to financing and specific actions to address gender issues. The correlation between peacekeeping and women was not mentioned as much as it could have been, SCR 1325 was only mentioned by one single country and little focus was given to women's role and participation in post-conflict recovery.

The following countries made statements regarding the theme of the Open Debate.
Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Brazil, Chile, China, Colombia, Costa Rica, Denmark,Estonia, Ethiopia, European Union, Finland, France, Germany, Guatemala, India, Iran, Japan, Kyrgyzstan, Liechtenstein, Luxembourg, Mauritius, Mexico, Morocco, Nepal, Norway, Pakistan, Peru, Philippines, Portugal, Russia, Solomon Islands, SriLanka, Switzerland, Togo, UK and USA.

The total number of countries or UN & Civil Society including the European Union speakers that made statements during the debate was 41.

*Bolded countries or UN & Civil Society speakers were those who mentioned WPS or gender.

 

Resources: 

Pressrelease_Security Council Open Debate on Maintenance of International Peace and Security

S/PRST/2012/1

Please choose

General Women, Peace and Security
  • Country

    Estonia
  • Extracts

    Resolution 1325 (2000) and other Council resolutions on women, peace and security and on children in armed conflict should remain high on the agenda of the United Nations. We are concerned by continued reporting about mass rapes as a method of war and the very low numbers of perpetrators who have been brought to justice.

Participation
  • Country

    Brazil
  • Extracts

    Secondly, women and children must be placed at the centre of transitional justice mechanisms. We commend the Council for its efforts in combating impunity for sexual and gender-based violence, in promoting gender-responsive justice reforms and in securing women's participation in all aspects of postconflict recovery.

  • Country

    Portugal
  • Extracts

    Moreover, legal systems have to be capable of addressing the special situation and needs of women and children, particularly in societies traumatized by conflict, including through special legislation and appropriate programmes of assistance and by abolishing laws and practices that discriminate against women and pose obstacles to their full and equal participation.

  • Country

    Portugal
  • Extracts

    My fourth point concerns the situation of those most vulnerable to the impact of conflict and postconflict situations. An effective response has to address the particular needs of those people, such as women and children, who are not only more vulnerable, but also so often targeted and used as soldiers or as instruments of war, as is the case with sexual and gender-based violence. Rule-of-law tools are also fundamental in that regard. The means to fight impunity for those crimes have to be strengthened, including in United Nations mandates through their components on protection of civilians. Moreover, legal systems have to be capable of addressing the special situation and needs of women and children, particularly in societies traumatized by conflict, including through special legislation and appropriate programmes of assistance and by abolishing laws and practices that discriminate against women and pose obstacles to their full and equal participation.

Peace Processes
  • Country

    United States of America
  • Extracts

    Finally, let me end by noting two recent initiatives that the United States has undertaken to make good on its commitment to address many of the issues being discussed here today. First, in December 2011, President Obama signed an executive order launching the first-ever United States National Action Plan on Women, Peace and Security, which provides a comprehensive road map for accelerating and institutionalizing efforts across the United States Government to advance women's participation in making and keeping peace. The
    National Action Plan recognizes that women are not just victims of war; they are agents of peace and essential to building the rule of law in any society.

Protection
  • Country

    Estonia
  • Extracts

    The face of those suffering from atrocious international crimes is very often that of the most vulnerable — women and children.

  • Country

    Estonia
  • Extracts

    Resolution 1325 (2000) and other Council resolutions on women, peace and security and on children in armed conflict should remain high on the agenda of the United Nations. We are concerned by continued reporting about mass rapes as a method of war and the very low numbers of perpetrators who have been brought to justice.

  • Country

    United States of America
  • Extracts

    As we approach justice and the rule of law in conflict and post-conflict situations, we must place special emphasis on the protection of women and children, as well as of other vulnerable groups.

  • Country

    Austria
  • Extracts

    In that regard, let me also mention the great importance that the Human Security Network attaches to the role of the Council in the protection of women and children. We are pleased with the work undertaken by the Security Council in progressively strengthening the protection framework for children affected by armed conflict, as well as with its efforts to prevent and combat sexual violence. We would like to underline the importance of capacity-building for State institutions and transitional justice approaches that are victim-centred and gendersensitive in order to ensure that the rights of victims, in particular of women and children, are fully respected and their interests taken into account. We fully support the Secretary-General's recommendation for further attention by the Council to the rights of victims to reparations.

  • Country

    Austria
  • Extracts

    As emphasized in the Secretary-General's report to the Council on the rule of law and transitional justice in conflict and post-conflict societies, all rule of law programmes and transitional justice mechanisms have to be planned and implemented in a manner sensitive to the specific needs and rights of women and children. Evaluations of the specific impact of transitional justice measures on marginalized groups of society should be conducted on a more systematic basis. In view of the unique and disproportionate effects of conflict on women and children, we must enhance our efforts to ensure women's access to justice.

  • Country

    Brazil
  • Extracts

    The protection of civilians, grave violations in armed conflict of children's rights, and women's justice and security needs have become an important part of the Council's concerns and mandates.

  • Country

    Costa Rica
  • Extracts

    We welcome the progress that has been made in providing for the protection of persons, in particular civilians, including women and children, when addressing security-related issues. In its actions to prevent and resolve conflicts and to help build and maintain peace in specific situations on the ground, the Council must sustain its efforts to make the rule of law in the broader sense the linchpin of its resolutions and mandates in a systematic and non-selective manner.

  • Country

    Germany
  • Extracts

    The presence or non-presence of the rule of law ultimately determines success or failure. This applies just as equally to the protection of civilians as it does to children in armed conflict, or to women, peace and security, to name but a few key areas.

  • Country

    Peru
  • Extracts

    In his report, the Secretary- General judiciously outlines a number of fundamental aspects to be addressed in that regard, such as security sector reform and civilian protection, placing particular emphasis on the most vulnerable groups, such as children and women, as well as the need to bring to justice the perpetrators of international crimes.

Sexual and Gender-Based Violence
  • Country

    Estonia
  • Extracts

    Considering that the Council has recognized that conflict-related sexual violence is a legitimate threat to international peace and security, we hope that it will remain actively engaged with the matter. It is important to maintain focus on gender equality and the empowerment of women in broader rule of law activities.

  • Country

    United States of America
  • Extracts

    As we approach justice and the rule of law in conflict and post-conflict situations, we must place special emphasis on the protection of women and children, as well as of other vulnerable groups. That includes persons targeted for violence based on sexual orientation or gender identity.

  • Country

    Austria
  • Extracts

    In that regard, let me also mention the great importance that the Human Security Network attaches to the role of the Council in the protection of women and children. We are pleased with the work undertaken by the Security Council in progressively strengthening the protection framework for children affected by armed conflict, as well as with its efforts to prevent and combat sexual violence. We would like to underline the importance of capacity-building for State institutions and transitional justice approaches that are victim-centred and gendersensitive in order to ensure that the rights of victims, in particular of women and children, are fully respected and their interests taken into account. We fully support the Secretary-General's recommendation for further attention by the Council to the rights of victims to reparations.

  • Country

    Brazil
  • Extracts

    Secondly, women and children must be placed at the centre of transitional justice mechanisms. We commend the Council for its efforts in combating impunity for sexual and gender-based violence, in promoting gender-responsive justice reforms and in securing women's participation in all aspects of postconflict recovery.

  • Country

    Portugal
  • Extracts

    My fourth point concerns the situation of those most vulnerable to the impact of conflict and postconflict situations. An effective response has to address the particular needs of those people, such as women and children, who are not only more vulnerable, but also so often targeted and used as soldiers or as instruments of war, as is the case with sexual and gender-based violence. Rule-of-law tools are also fundamental in that regard. The means to fight impunity for those crimes have to be strengthened, including in United Nations mandates through their components on protection of civilians. Moreover, legal systems have to be capable of addressing the special situation and needs of women and children, particularly in societies traumatized by conflict, including through special legislation and appropriate programmes of assistance and by abolishing laws and practices that discriminate against women and pose obstacles to their full and equal participation.

Displacement and Humanitarian Response
  • Country

    Azerbaijan
  • Extracts

    The situation of the most vulnerable in societies affected by conflicts, in particular forcibly displaced persons, women and children, brings an element of urgency to the imperative of restoring the rule of law.

Human Rights
  • Country

    Estonia
  • Extracts

    Considering that the Council has recognized that conflict-related sexual violence is a legitimate threat to international peace and security, we hope that it will remain actively engaged with the matter. It is important to maintain focus on gender equality and the empowerment of women in broader rule of law activities.

  • Country

    Austria
  • Extracts

    As emphasized in the Secretary-General's report to the Council on the rule of law and transitional justice in conflict and post-conflict societies, all rule of law programmes and transitional justice mechanisms have to be planned and implemented in a manner sensitive to the specific needs and rights of women and children. Evaluations of the specific impact of transitional justice measures on marginalized groups of society should be conducted on a more systematic basis. In view of the unique and disproportionate effects of conflict on women and children, we must enhance our efforts to ensure women's access to justice.

  • Country

    Portugal
  • Extracts

    My fourth point concerns the situation of those most vulnerable to the impact of conflict and postconflict situations. An effective response has to address the particular needs of those people, such as women and children, who are not only more vulnerable, but also so often targeted and used as soldiers or as instruments of war, as is the case with sexual and gender-based violence. Rule-of-law tools are also fundamental in that regard. The means to fight impunity for those crimes have to be strengthened, including in United Nations mandates through their components on protection of civilians. Moreover, legal systems have to be capable of addressing the special situation and needs of women and children, particularly in societies traumatized by conflict, including through special legislation and appropriate programmes of assistance and by abolishing laws and practices that discriminate against women and pose obstacles to their full and equal participation.

  • Country

    India
  • Extracts

    It is also necessary to eliminate policies and practices that discriminate against women and to adopt laws and promote practices that protect the rights of women and other vulnerable sectors of society and promote gender equality.

Justice, Rule of Law and Security Sector Reform
  • Country

    Estonia
  • Extracts

    Resolution 1325 (2000) and other Council resolutions on women, peace and security and on children in armed conflict should remain high on the agenda of the United Nations. We are concerned by continued reporting about mass rapes as a method of war and the very low numbers of perpetrators who have been brought to justice.

  • Country

    Austria
  • Extracts

    In that regard, let me also mention the great importance that the Human Security Network attaches to the role of the Council in the protection of women and children. We are pleased with the work undertaken by the Security Council in progressively strengthening the protection framework for children affected by armed conflict, as well as with its efforts to prevent and combat sexual violence. We would like to underline the importance of capacity-building for State institutions and transitional justice approaches that are victim-centred and gendersensitive in order to ensure that the rights of victims, in particular of women and children, are fully respected and their interests taken into account. We fully support the Secretary-General's recommendation for further attention by the Council to the rights of victims to reparations.

  • Country

    Brazil
  • Extracts

    Secondly, women and children must be placed at the centre of transitional justice mechanisms. We commend the Council for its efforts in combating impunity for sexual and gender-based violence, in promoting gender-responsive justice reforms and in securing women's participation in all aspects of postconflict recovery.

  • Country

    Portugal
  • Extracts

    My fourth point concerns the situation of those most vulnerable to the impact of conflict and postconflict situations. An effective response has to address the particular needs of those people, such as women and children, who are not only more vulnerable, but also so often targeted and used as soldiers or as instruments of war, as is the case with sexual and gender-based violence. Rule-of-law tools are also fundamental in that regard. The means to fight impunity for those crimes have to be strengthened, including in United Nations mandates through their components on protection of civilians. Moreover, legal systems have to be capable of addressing the special situation and needs of women and children, particularly in societies traumatized by conflict, including through special legislation and appropriate programmes of assistance and by abolishing laws and practices that discriminate against women and pose obstacles to their full and equal participation.

  • Speaker

    European Union
  • Extracts

    Security Council support for national capacity-building for justice is an important investment in peace and security. Special attention should be paid to giving women, children and other vulnerable groups greater access to justice. Specialized courts, for example family courts or mobile courts, are tools to help to bring justice closer to women and children.

  • Country

    Finland
  • Extracts

    It is important to ensure that the rule of law is fully taken into account in all reform and reconstruction efforts undertaken in conflict and postconflict situations. In so doing, priority should be given to access to justice for those who often suffer disproportionately in conflict and whose voices are unfortunately still the weakest in peace negotiations and post-conflict processes: women, children and marginalized groups. The Secretary-General recommends a United Nations policy to ensure the full inclusion of marginalized populations. Good progress is being made by United Nations actors in advancing women's access to justice in post-conflict situations.

  • Country

    Mexico
  • Extracts

    Mexico recognizes the importance that the concept of the rule of law has acquired through a number of Security Council resolutions, in particular when it comes to establishing mechanisms for the protection of civilians in armed conflict, the attention that has been given to the justice and security needs of women and children, and the promotion of gender equality in access to justice.

  • Speaker

    Secretary-General of the United Nations
  • Extracts

    The United Nations work to promote the rule of law extends to more than 150 countries. Our efforts to combat transnational crime, build confidence and capacity in State institutions, and battle discrimination against women are all part of this effort. [...] Our goal is to quickly demonstrate the value of the rule of law. That builds public confidence in political settlements. Our approach has three basic components: first, promote accountability and reinforce norms through transitional justice; secondly, build justice and security institutions to promote trust; and thirdly, focus on justice for women and girls to foster gender equality. The Security Council has helped bring these priorities to the top of the international agenda, but the Council can do more. I encourage the Council to include the promotion of transitional justice measures more broadly in the mandates of peacekeeping and political missions. [...] The primary obligation for accountability rests with domestic justice systems. It will require the development of security institutions that are accountable to laws and to the people. It will take more funding for women's access to justice, and it will demand greater attention to the economic and social roots of gender inequality.

  • Country

    United Kingdom
  • Extracts

    The United Kingdom is committed to spending 30 per cent of its growing development assistance in countries affected by conflict, which among other things will help 12 million women to access justice through the courts, the police and legal assistance.

Implementation
  • Country

    United States of America
  • Extracts

    Finally, let me end by noting two recent initiatives that the United States has undertaken to make good on its commitment to address many of the issues being discussed here today. First, in December 2011, President Obama signed an executive order launching the first-ever United States National Action Plan on Women, Peace and Security, which provides a comprehensive road map for accelerating and institutionalizing efforts across the United States Government to advance women's participation in making and keeping peace. The
    National Action Plan recognizes that women are not just victims of war; they are agents of peace and essential to building the rule of law in any society.