Commission on Human Rights resolution 2000/77 The protection of United Nations personnel

The Commission on Human Rights,

Guided by the relevant provisions on protection contained in the Convention on the Privileges and Immunities of the United Nations of 13 February 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947, the Convention on the Safety of United Nations and Associated Personnel, the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 8 June 1977 and the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or Have Indiscriminate Effects of 10 October 1980 and its Protocols,

Guided also by the International Bill of Human Rights,

Recalling the fiftieth anniversary, on 12 August 1999, of the Geneva Conventions of 12 August 1949, on the occasion of which the United Nations reaffirmed the need to promote and ensure respect for the principles and rules of international humanitarian law,

Recalling its resolution 1998/37 of 17 April 1998,

Welcoming General Assembly resolution 54/192 of 17 December 1999 on the safety and security of humanitarian personnel and protection of United Nations personnel,

Taking note of Security Council resolution 1265 (1999) of 17 September 1999, and reaffirming the statements by its President of 11 February 2000 on the protection of United Nations personnel, associated personnel and humanitarian personnel in conflict zones (S/PRST/2000/4), of 8 July 1999 on the maintenance of peace and security and post-conflict peace-building (S/PRST/1999/21), of 29 September 1998 and 19 June 1997 on protection for humanitarian assistance to refugees and others in conflict situations (S/PRST/1998/30 and S/PRST/1997/34) and of 12 March 1997 on the security of United Nations operations (S/PRST/1997/13),

Taking note of the report of the Secretary-General on the protection of civilians in armed conflict (A/54/619) as well as his report on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, and the addendum thereto on the safety and security of humanitarian personnel and protection of United Nations personnel (A/54/154 and Add.1),

Noting with satisfaction the entry into force on 15 January 1999 of the Convention on the Safety of United Nations and Associated Personnel of 9 December 1994,

Concerned, however, that only one State in which humanitarian or peacekeeping missions are taking place under the auspices of the United Nations has adhered to the Convention on the Safety of United Nations and Associated Personnel,

Welcoming the inclusion of attacks intentionally directed against personnel involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations as a war crime in the Rome Statute of the International Criminal Court, adopted on 17 July 1998, and noting the role that the Court could play in bringing to justice those responsible for serious violations of human rights and international humanitarian law, as a measure of preventing impunity,

Concerned by the increasingly difficult context in which United Nations operations and missions as well as humanitarian assistance take place in some areas, in particular the continued erosion, in many cases, of respect for international human rights and humanitarian law,

Strongly condemning the acts of murder and various forms of physical violence, abduction, hostage-taking, kidnapping, harassment, illegal arrest and detention, acts of destruction and looting of property, shooting at vehicles and aircraft, mine-laying, looting of assets, physical and psychological threats and other hostile acts against United Nations and associated personnel and other personnel acting under the authority of United Nations operations, as well as personnel of international humanitarian organizations,

Expressing concern that the occurrence of attacks and threats against United Nations and associated personnel and other personnel is a factor that increasingly affects and restricts the ability of the Organization to provide assistance and protection to civilians in fulfilment of its mandate under the Charter of the United Nations,

Recognizing the urgency of improving the security of United Nations and associated personnel and the fundamental requirement that appropriate modalities for the safety and security of United Nations and associated personnel should be incorporated into all new and ongoing United Nations and field operations,

Emphasizing the need to give further consideration to the safety and security of locally recruited United Nations and associated personnel and other personnel, who account for the majority of casualties,

Recalling that the primary responsibility under international law for the security and protection of United Nations and associated personnel lies with the Government hosting a United Nations operation conducted under the Charter of the United Nations or its agreements with the relevant organizations,

1. Welcomes the report of the Secretary-General on the security of United Nations personnel (E/CN.4/2000/99);

2. Takes into account the note by the secretariat (E/CN.4/2000/100), stating that the comprehensive and in-depth study on the safety and security problems faced by the United Nations and associated personnel, requested by the Commission in 1997 and in 1998, will be prepared on an inter-agency basis and will be submitted in due course;

3. Calls upon all organizations of the United Nations system to report systematically any incident involving the safety and security of staff to the United Nations Security Coordinator so that a comprehensive record may be maintained;

4. Calls upon all States to consider promptly signing and acceding to or ratifying the Convention on the Safety of United Nations and Associated Personnel of 9 December 1994, in particular those receiving United Nations operations on their territories;

5. Also calls upon all States to consider signing, acceding to and ratifying the Rome Statute of the International Criminal Court;

6. Urges all States to take the necessary measures to ensure the full and effective implementation of the relevant principles and rules of international humanitarian law, as well as relevant provisions of human rights law related to the safety and security of United Nations and associated personnel;

7. Calls upon all States and others concerned:

(a) To respect and ensure respect for the rights of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to take the necessary measures to ensure the safety and security of those personnel as well as the inviolability of United Nations premises which are essential to the continuation and successful implementation of United Nations operations;

(b) To provide adequate and prompt information concerning the arrest or detention of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation;

(c) To grant the representatives of the competent international organization immediate access to such personnel;

(d) To allow independent medical teams to investigate the health of detained United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to afford them the necessary medical assistance;

(e) To allow representatives of the competent international organization to attend hearings involving United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation, provided that such attendance is consistent with domestic law;

(f) To ensure the prompt release of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation who have been arrested or detained in violation of their immunity, in accordance with the relevant conventions and applicable international humanitarian law;

(g) To adopt appropriate domestic legislation and judicial and administrative measures to ensure that the perpetrators of unlawful acts against United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation are held accountable for their actions;

8. Encourages all States to contribute to the Trust Fund for Security of personnel of the United Nations system;

9. Requests the Secretary-General:

(a) To take the necessary measures to ensure full respect for the human rights, privileges and immunities of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and, when those human rights, privileges and immunities are violated, to ensure that such personnel are restored to their organization, and, where appropriate, to seek redress and compensation for the damage caused to them;

(b) To take the necessary measures to implement the recommendations contained in the final report of the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on protection of the human rights of United Nations staff members, experts and their families (E/CN.4/Sub.2/1992/19), including the recommendations contained in paragraphs 45 and 47 of that report;

(c) To take concrete steps, within his mandate, to improve the safeguards for the security and safety of locally recruited United Nations and associated personnel and other personnel, who account for the majority of casualties, and to consider ways and means of strengthening their protection when carrying out activities in fulfilment of the mandate of a United Nations operation;

(d) To ensure the inclusion in headquarters and other mission agreements of the applicable principles and rules on protection contained in the Convention on the Privileges and Immunities of the United Nations, the Convention on the Privileges and Immunities of the Specialized Agencies and the Convention on the Safety of United Nations and Associated Personnel;

(e) To take the necessary measures in order to ensure that security matters are an integral part of the planning for existing and newly mandated United Nations operations and that such precautions extend to all United Nations and associated personnel and, as appropriate, to other personnel;

(f) To take concrete steps to improve safeguards for the security of United Nations and associated personnel, including strengthening the Office of the United Nations Security Coordinator to enable it to perform its responsibilities as overall security manager of the United Nations system;

(g) To ensure that field missions are adequately staffed with security professionals and provided with essential equipment;

(h) To take the necessary measures to ensure that United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation or mission are properly informed about the conditions under which they are called to operate and the standards they are required to meet, including those contained in relevant domestic and international law, and that adequate training is provided in security, human rights and humanitarian law so as to enhance their security and effectiveness in accomplishing their functions;

10. Recalls the request to the Secretary-General to complete the review of security in peacekeeping and other operations and to compile examples of best practices, obstacles encountered and lessons learned and to elaborate further specific and practical measures to increase the safety and security of personnel involved, and requests him to inform the Commission of the results in this respect at its fifty-eighth session;

11. Requests the Secretary-General to submit a report to the Commission at its fifty-eighth session on the situation of United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation who are imprisoned, missing or held in a country against their will, on new cases that have been successfully settled as they relate to the principles set out in the International Covenants on Human Rights and on the implementation of the measures referred to in present resolution.


67th meeting
26 April 2000

[Adopted without a vote.]

 

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