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New UN SC Resolution Passed on Sexual Violence in Conflict

December 16, 2010

A new UN Security Council Resolution on Sexual Violence in Conflict was adopted unanimously. This will further strengthen the normative standards on women and peace and security - in
particular UN SC Resolution 1888. It was sponsored by the US and
co-sponsored by about 30 countries.

Among its many important provisions, this new resolution calls on the Secretary-General to include in his annual reports detailed information on perpetrators (parties to armed conflict that are credibly suspected
of committing or being responsible for acts of rape or other forms of
sexual violence) and to provide a list of such.

Additionally, it requests the Secretary General to establish monitoring, analysis and reporting arrangements on conflict-related sexual violence, including
rape in situations of armed conflict and post-conflict ...and taking
into account the specificity of each country, that ensure a coherent and
coordinated approach at the field-level, and encourages the
Secretary-General to engage with United Nations actors, national
institutions, civil society organizations, health care service
providers, and women’s groups to enhance data collection and analysis of
incidents, trends, and patterns of rape and other forms of sexual
violence..."

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"UN Security Council Resolution 19XX (2010) Adopted by the Security Council at its XXXXth meeting, on 16 December 2010 The Security Council, i.
Reaffirming its commitment to the continuing and full implementation, in
a mutually reinforcing manner, of resolutions 1325 (2000), 1612 (2005),
1674 (2006), 1820 (2008), 1882 (2009), 1888 (2009), 1889 (2009) and
1894 (2009), and all relevant statements of its President,

ii. Welcoming the report of the Secretary-General of 24 November 2010 (S/2010/604), but remaining deeply concerned over the slow progress on
the issue of sexual violence in situations of armed conflict in
particular against women and children, and noting as documented in the
Secretary-General’s report that sexual violence occurs in armed
conflicts throughout the world,

iii. 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 of brutality,

iv. Reiterating the necessity for all States and non-State parties to conflicts to comply fully with their obligations under applicable
international law, including the prohibition on all forms of sexual
violence,

v. Reiterating the need for civilian and military leaders, consistent with the principle of command responsibility, to demonstrate commitment and political will to prevent sexual violence and
to combat impunity and enforce accountability, and that inaction can
send a message that the incidence of sexual violence in conflicts is
tolerated,

vi. Recalling the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes, and other egregious crimes perpetrated against
civilians and, in this regard, noting with concern that only limited
numbers of perpetrators of sexual violence have been brought to justice,
while recognizing that in conflict and in post conflict situations
national justice systems may be significantly weakened,

vii. Welcoming the progress made in rendering operational the team of experts to assist national authorities to strengthen the rule of law in
accordance with resolution 1888 (2009); reaffirming the importance of
deploying it rapidly to situations of particular concern with respect to
sexual violence in armed conflict, working through the United Nations
presence on the ground and with the consent of the host government and
in this regard, appreciating the voluntary contributions to support its
work,

viii. Recognizing that States bear the primary responsibility to respect and ensure the human rights of all persons within their territory and subject to their jurisdiction as provided for
by international law,

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

x. Recalling that international humanitarian law affords general protection to women and children as part of the civilian population during armed conflicts and
special protection due to the fact that they can be placed particularly
at risk,

xi. Reaffirming that ending impunity is essential if a society in conflict or recovering from conflict is to come to terms with past abuses committed against civilians affected by armed conflict and
to prevent future such abuses, drawing attention to the full range of
justice and reconciliation mechanisms to be considered, including
national, international and “mixed” criminal courts and tribunals and
truth and reconciliation commissions, and noting that such mechanisms
can promote not only individual responsibility for serious crimes, but
also peace, truth, reconciliation and the rights of the victims,

xii. 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,

xiii. Reaffirming the importance for States, with the support of the international community, to increase access to health care, psychosocial support, legal
assistance, and socio-economic reintegration services for victims of
sexual violence, in particular in rural areas, and taking into account
the specific needs of persons with disabilities,

xiv. Welcoming the proposals, conclusions and recommendations included in the report of the Special Committee on Peacekeeping Operations (A/64/19) on the need
for adequate capabilities and clear and appropriate guidelines to enable
peacekeeping missions to carry out all their mandated tasks, including
prevention of and response to sexual violence; stressing the importance
of ensuring engagement by senior mission leadership on protection of
civilians, including the prevention of and response to instances of
sexual violence in armed conflict, with a view to ensuring that all
mission components and all levels of the chain of command are properly
informed of and involved in the mission’s mandate and their relevant
responsibilities; welcoming progress made by the Secretary-General in
developing operational tools for the implementation of protection of
civilians mandates; and encouraging troop and police contributing
countries to make full use of and provide feedback on these important
materials,

xv. Recognizing the efforts of the Secretary-General to address the underrepresentation of women in formal peace processes, the lack of mediators and ceasefire monitors with proper training in
dealing with sexual violence, and the lack of women as Chief or Lead
peace mediators in United Nations-sponsored peace talks; and encouraging
further such efforts,

xvi. Welcoming the inclusion of women in peacekeeping missions in civil, military and police functions, recognizing that their presence may encourage women from local
communities to report acts of sexual violence,

xvii. Having considered the report of the Secretary-General of 24 November 2010 (S/2010/604) and stressing that the present resolution does not seek to
make any legal determination as to whether situations that are referred
to in the Secretary-General’s report are or are not armed conflicts
within the context of the Geneva Conventions and the Additional
Protocols thereto, nor does it prejudge the legal status of non-State
parties involved in these situations,

1. Reaffirms that sexual violence, when used or commissioned as a tactic of war or as a part of a widespread or systematic attack against civilian populations, can
significantly exacerbate and prolong 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 take, where
necessary, appropriate steps to address widespread or systematic sexual
violence in situations of armed conflict;

2. Reiterates its demand for the complete cessation with immediate effect by all parties to armed conflict of all acts of sexual violence;

3. Encourages the Secretary-General to include in his annual reports submitted pursuant to resolutions 1820 (2008) and 1888 (2009) detailed information on parties
to armed conflict that are credibly suspected of committing or being
responsible for acts of rape or other forms of sexual violence, and to
list in an annex to these annual reports the parties that are credibly
suspected of committing or being responsible for patterns of rape and
other forms of sexual violence in situations of armed conflict on the
Security Council agenda; expresses its intention to use this list as a
basis for more focused UN engagement with those parties, including, as
appropriate, measures in accordance with the procedures of the relevant
sanctions committees;

4. Requests the Secretary-General, in accordance with the present resolution and taking into account its specificity, to apply the listing and de-listing criteria for parties
listed in his annual report on sexual violence in armed conflict
consistent with paragraphs 175, 176, 178, and 180 of his report A/64/742
S/2010/181;

5. Calls upon parties to armed conflict to make and implement specific and time-bound commitments to combat sexual violence, which should include, inter alia, issuance of clear orders through
chains of command prohibiting sexual violence and the prohibition of
sexual violence in Codes of Conduct, military field manuals, or
equivalent; and further calls upon those parties to make and implement
specific commitments on timely investigation of alleged abuses in order
to hold perpetrators accountable;

6. Requests the Secretary-General to track and monitor implementation of these commitments by parties to armed conflict on the Security Council’s
agenda that engage in patterns of rape and other sexual violence, and
regularly update the Council in relevant reports and briefings;

7. Reiterates its intention, when adopting or renewing targeted sanctions in situations of armed conflict, to consider including, where
appropriate, designation criteria pertaining to acts of rape and other
forms of sexual violence; and calls upon all peacekeeping and other
relevant United Nations missions and United Nations entities, in
particular the Working Group on Children and Armed Conflict, the Special
Representative of the Secretary General for Children and Armed
Conflict, and the Special Representative of the Secretary General on
Sexual Violence in Conflict, to share with relevant United Nations
Security Council Sanctions Committees, including through relevant United
Nations Security Council Sanction Committees’ monitoring groups and
groups of experts, all pertinent information about sexual violence;

8. Requests the Secretary General to establish monitoring, analysis and reporting arrangements on conflict-related sexual violence, including
rape in situations of armed conflict and post-conflict and other
situations relevant to the implementation of resolution 1888 (2009), as
appropriate, and taking into account the specificity of each country,
that ensure a coherent and coordinated approach at the field-level, and
encourages the Secretary-General to engage with United Nations actors,
national institutions, civil society organizations, health care service
providers, and women’s groups to enhance data collection and analysis of
incidents, trends, and patterns of rape and other forms of sexual
violence to assist the Council’s consideration of appropriate actions,
including targeted and graduated measures, while respecting fully the
integrity and specificity of the monitoring and reporting mechanism
implemented under Security Council resolutions 1612 (2005) and 1882
(2009) on children and armed conflict;

9. Requests the Secretary-General to continue to ensure full transparency, cooperation and coordination of efforts between the Special Representative of the
Secretary-General for Children and Armed Conflict and the Special
Representative of the Secretary-General on Sexual Violence in Conflict;

10. Welcomes the work of gender advisers; looks forward to the appointment of more women protection advisers to peacekeeping missions, in
accordance with resolution 1888 (2009); notes their potential
contribution in the framework of the monitoring, analysis, and reporting
arrangements to be established pursuant to OP8 of the present
resolution;

11. Welcomes the elaboration by the Secretary-General of scenario-based training materials on combating sexual violence for peacekeepers and encourages Member States to use them as a reference for
the preparation and deployment of United Nations peacekeeping
operations;

12. Underlines that, in order to carry out their mandate, missions must communicate effectively with local communities; and encourages the Secretary-General to improve their capacity to do so;

13. Expresses its intention to give due consideration to sexual violence in mandate authorizations and renewals and to request the
Secretary-General to include, as appropriate, gender expertise in
technical assessment missions;

14. Encourages the entities comprising UN Action Against Sexual Violence in Conflict, as well as other relevant parts of the United Nations
system, to continue to support the work of the aforementioned Special
Representative of the Secretary-General on Sexual Violence in Conflict
and to enhance cooperation and information sharing among all relevant
stakeholders in order to reinforce coordination and avoid overlap at the
headquarters and country levels and improve system-wide response.
15. Encourages Member States to deploy greater numbers of female military
and police personnel to United Nations peacekeeping operations, and to
provide all military and police personnel with adequate training on
sexual and gender-based violence, inter alia, to carry out their
responsibilities;

16. Requests the Secretary-General to continue and strengthen efforts to implement the policy of zero tolerance on sexual exploitation and abuse by United Nations peacekeeping and
humanitarian personnel, and further requests the Secretary-General to
continue to provide and deploy guidance on addressing sexual violence
for predeployment and inductive training of military and police
personnel, and to assist missions in developing situation-specific
procedures to address sexual violence at the field level and to ensure
that technical support is provided to troop and police contributing
countries in order to include guidance for military and police personnel
on addressing sexual violence in predeployment and induction training;

17. Invites the Special Representative on Sexual Violence in Conflict to continue to provide briefings on sexual violence, in accordance with
resolution 1888 (2009);

18. Requests that the Secretary-General continue to submit annual reports to the Council on the implementation of Resolutions 1820 (2008) and 1888 (2009) and to submit his next report
by December 2011 on the implementation of Resolutions 1820 (2008) and
1888 (2009) and the present resolution to include, inter alia:

(a) a detailed coordination and strategy plan on the timely and ethical collection of information;

(b) information on progress made in the implementation of the monitoring, analysis, and reporting arrangements mentioned in paragraph 8;

(c) detailed information on parties to armed conflict that are credibly suspected of committing or being responsible for acts of rape or other
forms of sexual violence, and an annex with a list of parties that are
credibly suspected of committing or being responsible for patterns of
rape and other forms of sexual violence in situations of armed conflict
on the Security Council agenda;

(d) updates on efforts by United Nations Mission focal points on sexual violence to work closely with Resident Coordinator/Humanitarian Coordinator (RC/HC), the United
Nations Country Team, and, where appropriate, the Special Representative
of the Secretary-General for Children and Armed Conflict and the
Special Representative of the Secretary-General on Sexual Violence in
Conflict and/or the Team of Experts, to address sexual violence;

19. Decides to remain actively seized of the matter."

-End-
Article License: Creative Commons - Article License Holder: Global Network of Women Peacebuilders

http://www.internationalpeaceandconflict.org/profiles/blog/show?id=78058...

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