U.S. STATEMENT ON PROTECTION OF CIVILIANS IN

UNCLAS STATE 158407

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PGOV PHUM PREF SOCI
SUBJECT: U.S. STATEMENT ON PROTECTION OF CIVILIANS IN
ARMED CONFLICT



1. (U) USUN should draw from the statement in para 2 below
during the UNSC Open Debate on Protection of Civilians in
Armed Conflict scheduled for November 20, 2007.


2. (SBU) Begin statement.

Mr. President, thank you for convening today,s important
discussion. I would also like to thank Under-Secretary
Holmes for his insightful briefing.

Eleanor Roosevelt once said, "The purpose of life. . . is to
live it, to taste experience to the utmost, to reach out
eagerly and without fear for newer and richer experiences."
People everywhere wish for a life of opportunity for
themselves and for their children. They want their nations
to be successful, prosperous, and to ensure basic security
and employment and educational opportunities. . . where each
generation does better than its predecessor.

There are many States throughout the world striving to
provide such an environment for their people. However,
repressive regimes, the spread of global terrorism and
extremism, intransigent poverty and other factors prevent
many people from having their basic needs met and force them
to live in fear.

The Secretary General, in his October 28th Report on the
Protection of Civilians in Armed Conflict, reminded us all
that "Enshrined in all major moral, religious, and legal
codes, and not specific to any particular culture or
tradition, the protection of civilians is a human, political
and legal imperative that recognizes the inherent dignity and
worth of every human being. It is a cause that unites us all
in the responsibility to protect civilians from abuse, to
mitigate the impact of warfare and to alleviate their
suffering."

With that in mind, the United States would like to encourage
strong UNSC and mulitlateral collective action to deal with
the source of humanitarian crises -- governments that
deliberately target or do not protect their civilians. For
example, the humanitarian siutations are directly related to
their political situations, specifically a lack
accountability to their citizens and failure to provide basic
services and to meet basic needs. Humanitarian situations
will continue until as long as the root problems remain
unaddressed.

First -- Ensuring humanitarian access to civilians in need.

Humanitarian access to conflict areas is often hindered by
lack of security and infrastructure. However, in some cases,
state and non-state actors flagrantly deny access, mobilizing
direct attacks against humanitarian workers, and making it
impossible to meet emergency needs. Deliberate attacks on
humanitarian workers remain a significant impediment to
life-saving aid in many crises, and we must all work together
to provide for the safety and security of relief workers as
well as civilians.

In the Darfur region of Sudan, where more than 4.2 million
people depend on the lifeline that the international
community provides, aid is frequently hindered due to
government actions. For example, a few weeks after U.N.
officials spoke out against Sudanese authorities, forced
removal of displaced persons from a camp in South Darfur
State in October, the governor expelled the top UN
humanitarian official in the state -- citing other reasons.
This action was taken despite an agreement that the
Government of Sudan and the United Nations signed in March to
foster an improved working relationship and to provide a
forum to address issues of concern. The absence of key UN
humanitarian staff to coordinate the international response
will make it more difficult for humanitarian agencies to
provide aid to more than one million people in South Darfur.

The United States remains concerned about the lack of
humanitarian access in many areas of conflict. These
humanitarian access issues stem from the political situation
and the local government's lack of accountability to its
people in providing for basic services and needs.
Humanitarian issues of civilian protection will not be
addressed without political change. We understand then that
the attainment of peace and stability in these countries is a
gradual transition that will not occur overnight, and thus,
there are immediate needs for civilians on the ground that
should be addressed. The United States recalls the
obligations of parties to conflict, under applicable
international law, to allow and facilitate passage of
humanitarian relief to the extent feasible for civilians in
need, and we urge all nations to follow-through on these
important obligations. Humanitarian agencies cannot assist
people they cannot reach.

Second -- Preventing Sexual Violence in Conflict.

The United States condemns sexual violence as an instrument
of policy and calls on all Member States to end this gross
injustice. We were pleased by the recent adoption of the
General Assembly resolution calling on states to end impunity
by prosecuting and punishing those who use rape and other
sexual violence to advance military or political objectives,
to protect and support victims, and to develop and implement
comprehensive strategies on prevention and prosecution of
rape.

There is evidence that government forces and/or
government-allied militias in Sudan have used rape as an
instrument to further military or political objectives. In
Burma there are widespread reports of serious human rights
abuses, including rape, by Burmese military personnel in
conflict areas. The circumstances of these rapes, which
accompanied forced displacement intended to deny support to
ethnic minority groups, and the routine impunity for
perpetrators, strongly suggest that they are part of the
government's effort to "pacify" and/or intensify its control
over ethnic minorities.

The U.S. has responded in many ways to the intolerable
widespread violence against civilians, especially Darfur
Sudanese women and girls. At the behest of Secretary Rice,
the U.S. Department of State and Agency for International
Development (USAID) are implementing an initiative to target
five key strategic areas to help address the issue of
gender-based violence including: access to justice, human
rights monitoring efforts, access to accurate information,
and humanitarian protections to include clinical care. The
U.S. Department of State also supports programs which focus
on prevention and response to gender-based violence for
Darfur Sudanese refugees in Chad. The United States urges
all Member States to take similar concrete steps to end
impunity for perpetrators and the use of rape as an
instrument of war.

Third -- Strengthen Refugee Protection and Maximize
Opportunities for Refugees, and IDPs, Self-reliance.

The United States continues to support strong and effective
international responses to humanitarian crises.
Unfortunately, protracted conflicts continue to create forced
displacements of large numbers of civilians. Renewed
displacement in Somalia, Eastern Congo, and Sudan,s Darfur
province are tragic reminders about the risks of civilians
being deliberately targeted during armed conflicts.

The United States continues to seek comprehensive approaches
to resolve protracted refugee situations through support for
durable solutions. We also seek innovative approaches to
develop livelihood strategies and to maximize opportunities
for refugees, self-reliance and empowerment.

Where conflict is causing civilians to flee and seek asylum,
we are actively working with other governments to provide
protection to those in need. We have made almost $200
million available in 2007 to assist displaced Iraqis,
including providing $39 million to date to the joint UNHCR --
UNICEF appeal for education of Iraqi children in Jordan and
Syria. We call on Member States to renew their commitment to
uphold the right to asylum, to protect civilians from
forcible return, and to provide durable solutions for
refugees. The United States is proud to have assisted
approximately one million African refugees to return home
over the past two years. In addition, the U.S. is actively
working with other governments to resolve the protracted
situation of refugees, such as the Bhutanese in Nepal.

Fourth -- Combating deliberate targeting of civilians.

The Secretary-General,s report rightly underscores the
importance of the principles of distinction and
proportionality. In resolution 1674, this Council recalled
that the deliberate targeting of civilians as such in
situations of armed conflict is a flagrant violation of
international law, reiterated its condemnation of such
practices in the strongest possible terms, and demanded that
all parties immediately put an end to such practices. Yet
all too often we see parties to armed conflicts resorting to
the deliberate targeting of the civilian population as a
means to create a climate of fear.

We saw for example a flagrant violation of international
humanitarian law in the horrific terrorist attack earlier
this month in Baghlan, Afghanistan where members of
parliament, local officials, average citizens, and school
children were brutally murdered.

In our own military operations, we do everything feasible to
avoid the loss of innocent life. We are very concerned about
civilian casualties, and we take deliberate precautions to
minimize the risks to civilian populations.

In Afghanistan, at every phase of an operation -- from
beginning planning to conducting the operation -- precautions
are taken to minimize the risks to civilians.

This stands in glaring contrast to the terrorist groups who
deliberately target civilians and attack our forces from
civilian spaces. It is well past time for all Member States
to have zero tolerance for armed groups who deliberately
target civilians or put civilians in harm,s way with the
goal of spreading fear and destabilizing communities.

(Conclusion)

The U.S. applauds the Secretary-General,s systematic and
thoughtful report on the protection of civilians in armed
conflict. The United States looks forward to considering the
recommendations in this report.

The U.S. appreciates OCHA,s efforts and desire to keep the
Council apprised and informed. We welcome the idea of OCHA
inviting Security Council Members to informal OCHA briefings
on situations seized by the Council but think a formal
working group is unnecessary.

In closing, the United States would like again commend
OCHA,s work, together with its humanitarian partners, for
its valuable work in providing life-saving assistance and
advocating for the protection of civilians, particularly
children, women, the elderly, and other vulnerable groups.

End statement.
RICE