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Disarmament Documentation

Revised draft outcome document of the High-level Plenary Meeting of the General Assembly of September 2005 submitted by the President of the General Assembly, August 5, 2005

Advance unedited version, Future document A/59/HLPM/CRP.1/Rev.2, August 5, 2005.

This document has been drafted by the President of the General Assembly Jean Ping of Gabon in preparation for the 2005 World Summit to be held at the UN from September 14 - 16, 2005. For further information on the summit see: http://www.acronym.org.uk/un.

Excerpts on Peace and Collective Security

For the full text go to: http://www.un.org/ga/59/hlpm_rev.2.pdf

III. Peace and Collective Security

45. We recognize that we are facing a whole range of threats that require our urgent, collective and more determined response.

46. We also recognize that, in accordance with the United Nations Charter, addressing these threats requires a comprehensive approach and cooperation among all principal organs of the United Nations within their respective mandates.

47. We acknowledge that we are living in an interdependent and global world and that today’s threats recognize no national boundaries, are interlinked and must be tackled at the global, regional and national levels.

48. We therefore reaffirm our commitment to implement a security consensus based on the recognition that many threats are interlinked, that development, peace, security and human rights are mutually reinforcing, that no State can best protect itself by acting entirely alone and that all States need an effective, equitable and efficient collective security system, in accordance with the Purposes and Principles of the United Nations Charter.

49. We resolve to take concerted action, through such a system of collective security, based on the United Nations Charter and respect for international law, so as to prevent, mitigate and remove threats to international peace and security, respond effectively to natural disasters, ensure economic development and the full enjoyment of human rights for all States and peoples.

Pacific Settlement of Disputes

50. We emphasize the obligation of States to settle their disputes by peaceful means in accordance with Chapter VI of the United Nations Charter, including, when appropriate, by the use of the International Court of Justice. All States shall also act in accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the United Nations Charter.

51. We stress the importance of the prevention of armed conflict in accordance with the Purposes and Principles of the United Nations Charter and solemnly renew our commitment to promote a culture of prevention as a means of effectively addressing the interconnected security and development challenges faced by peoples throughout the world, as well as to strengthen the capacity of the United Nations for conflict prevention and to ensure that conflict prevention is a centerpiece of effective multilateralism and United Nations reform.

52. We further stress the importance of a coherent and comprehensive approach to the prevention of armed conflicts and dispute settlement and the need for the Security Council, the General Assembly, the Economic and Social Council and the Secretary- General to coordinate their activities within their respective Charter mandates.

53. Recognizing the important role of the Secretary-General’s good offices, including the mediation of disputes, we support the Secretary-General’s efforts to strengthen his capacity in this area.

Use of Force under the UN Charter

54. We reiterate our obligation to refrain from the threat or use of force in any manner inconsistent with the purposes of the United Nations. We reaffirm that one of the Purposes and Principles guiding the United Nations is to maintain international peace and security, and to that end to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.

55. We also reaffirm that the provisions of the Charter of the United Nations regarding the use of force are sufficient to address the full range of security threats and agree that the use of force should be considered as an instrument of last resort. We further reaffirm the authority of the Security Council to take action to maintain and restore international peace and security, in accordance with the provisions of the Charter.

56. We recognize the need to continue discussing principles for the use of force, including those identified by the Secretary-General.

Disarmament and Non-proliferation

57. We emphasize that progress in disarmament and non-proliferation is essential to strengthening international peace and security and appeal to all States to pursue and intensify negotiations with a view to advancing disarmament and strengthening the international non-proliferation regime. We also recognize that noncompliance with existing arms control, nonproliferation, and disarmament agreements and commitments may also threaten international peace and security of all nations and increase the possibility of terrorist acquisition of WMD.

58. We urge all States to accede to the Treaty on the Non-Proliferation of Nuclear Weapons, the Chemical Weapons Convention and the Biological and Toxin Weapons Convention and we pledge to comply fully with all the articles of those instruments, in order to strengthen international peace and security, enhance the multilateral framework for non-proliferation and disarmament and to achieve full adherence to these instruments.

59. We reiterate our firm commitment to the NPT and its three pillars: disarmament, nonproliferation, and the peaceful use of nuclear energy. We look forward to strengthening the NPT’s implementation, including through future Review Conferences.

60. We resolve to:

Appeal to all States to take action, in a multilateral framework, to prevent the proliferation of weapons of mass destruction and their means of delivery in all its aspects;
Also appeal to the nuclear weapon States to take concrete steps towards nuclear disarmament with the objective of eliminating all such weapons, including through the implementation of article VI of the Non-Proliferation Treaty;
Maintain a moratorium on nuclear test explosions pending the entry into force of the Comprehensive Nuclear-Test-Ban Treaty and call upon all States to sign and ratify the Treaty;
Strengthen the verification by the International Atomic Energy Agency of the peaceful use of nuclear energy by adopting the Model Additional Protocol and call for universal accession to the comprehensive safeguards agreements the standard for compliance;
Support and continue to work towards the establishment of effectively verifiable nuclear-weapon-free zones, based on arrangements freely arrived at by consensus among the States of the region concerned, in order to reinforce regional peace and coexistence, prevent nuclear proliferation and advance disarmament;
Call upon the nuclear weapons States to reaffirm their commitment to Negative Security Assurances;
Strengthen the Biological and Toxin Weapons Convention through continued multilateral and national efforts to improve its verification and implementation, and encourage all States Parties to submit information on confidence-building measures as required by the Review Conference of the BTWC;
Complete the destruction of chemical weapons consistent with the Chemical Weapons Convention in a timely and effective manner;
Take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery, including by establishing appropriate controls over related materials, and adopt and enforce appropriate effective laws which prohibit non-state actors from gaining access to such weapons and means of delivery, and otherwise comply in full with Security Council Resolution 1540
Encourage States Parties to the Convention on the Physical Protection of Nuclear Material to seek early ratification of the amendment adopted on 8 July 2005, and we encourage those States that have not yet done so to promptly accede to the Convention on Physical Protection and Nuclear Material and to ratify its amendment;
Respect the full right of States that meet their non-proliferation obligations under the NPT to the peaceful uses of nuclear energy, including through access to markets for nuclear fuel and related services;
Urge the Conference on Disarmament to agree on a programme of work which includes, inter alia, the commencement, without delay, of negotiations on a fissile material cut-off treaty and effective measures for the prevention of an arms race in outer space;
Explore effective measures to prevent and combat the proliferation of nuclear, chemical and biological weapons, related technology and materials, and their means of delivery as well as to ban their transfer to non-State actors, including by implementing effective national export controls;
Urge States involved in the transport of radioactive materials by sea through SIDS regions to continue to engage in dialogue with SIDS and other coastal States to address their concerns, particularly those related to the further development and strengthening, within the appropriate fora of international regulatory regimes to enhance safety, disclosure, viability, security and compensation in relation to such transport.

61. We commit to adopt and implement an international instrument to regulate the marking and tracing, illicit brokering, trade and transfer of small arms and light weapons. We also commit to implement the United Nations Plan of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.

62. We agree to ensure the effective monitoring and enforcement of United Nations arms embargos.

63. We urge States parties to the Anti-Personnel Mine Ban Convention and Amended Protocol II to the Convention on Certain Conventional Weapons to fully implement their respective obligations, and we encourage those States that have not yet done so to promptly accede to those instruments. We also call upon States in a position to do so to provide greater technical assistance to mine-affected States.

64. We urge all States to take and implement confidence-building and disarmament measures, with a view to promoting and strengthening regional and international peace and security.

Terrorism

65. We strongly condemn terrorism in all its forms and manifestations, as it constitutes one of the most serious threats to international peace and security. We welcome the Secretary-General’s counter-terrorism strategy and will consider it in the General Assembly with a view to adopting it. We affirm that the targeting and deliberate killing of civilians and non-combatants cannot be justified or legitimized by any cause or grievance, and we declare that any action intended to cause death or serious bodily harm to civilians or non-combatants, when the purpose of such an act, by its nature or context, is to intimidate a population or to compel a Government or an international organization to carry out or to abstain from any act cannot be justified on any grounds and constitutes an act of terrorism.

66. We resolve to conclude a comprehensive convention on international terrorism, including a legal definition of terrorist acts, during the 60th session of the General Assembly.

67. We recognize that international cooperation to fight terrorism should be conducted in conformity with international law, including the United Nations Charter and relevant international conventions and protocols. States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law.

68. We acknowledge the important role played by the United Nations in combating terrorism and also stress the vital contribution of regional and bilateral cooperation, particularly at the practical level of law enforcement cooperation and technical exchange.

69. We urge the international community, including the United Nations to assist States in building regional and national capacity to fight terrorism. We further invite the Secretary- General to strengthen continuously, in consultation with the General Assembly and the Security Council, the capacities of the United Nations, its relevant funds, programmes and specialized and related agencies, to assist States in these endeavours.

70. We commit to assist victims of terrorism around the world and to provide them and their families with support to cope with their loss and their grief.

71. We call on the Security Council to consider ways to strengthen the verification, monitoring and enforcement by the Council in its role in counter-terrorism, including by consolidating States’ reporting requirements.

72. We support efforts for the early entry into force of the International Convention for the Suppression of Acts of Nuclear Terrorism, and strongly encourage States which have not yet become a party to it, to do so and to accede to the 12 other international conventions and protocols against terrorism without further delay and fully implement them.

Peacekeeping

73. Recognizing that peacekeeping plays a vital role in helping parties to conflict end hostilities and commending the contribution of UN Peacekeepers and other personnel in that regard, noting improvements made in recent years to United Nations peacekeeping, including the deployment of integrated missions in complex situations, and stressing the need to mount operations with adequate capacity to counter hostilities and fulfil effectively their mandates, we urge further consideration of the proposal for the establishment of a strategic military reserve capacity to reinforce UN peacekeeping missions in times of crises and endorse the creation of a standing capacity for rapid deployment of United Nations civilian police in peacekeeping.

74. Recognizing the vital contribution to peace and security being made by regional organizations and the importance of forging predictable partnerships between the United Nations and regional organizations, and noting in particular, given the special needs of Africa, the importance of a strong African Union, we agree to:

Support the efforts of the European Union and other regional entities to develop standby capacities;
Develop and implement a 10-year plan for capacity-building with the African Union

75. We insist on the highest standards of behavior from all personnel deployed in peacekeeping operations, and we urge the full and vigorous implementation of the Secretary-General’s zero tolerance policy regarding sexual exploitation and abuse in all UN activities. We commit to ensure that there will be no impunity for those who have committed crimes, and will undertake to institute appropriate disciplinary action in cases where an individual has been found to have committed wrongdoing.

Peacebuilding

76. Emphasizing the need for a coordinated, coherent, comprehensive and integrated approach to conflict resolution and post-conflict peacebuilding with a view to achieving sustainable peace, and recognizing the need for a dedicated institutional mechanism to address the special need of countries emerging from conflicts towards recovering, reintegration and development, and recognizing further the vital role of the United Nations in this regard, we hereby establish a Peacebuilding Commission as an intergovernmental advisory body, which should be equipped with the appropriate mandate, functions, composition and technical capacity to assist and mobilize support to assist and mobilize support to countries emerging from conflict.

77. Its main purpose is to bring together all relevant actors to marshal resources and advise on and propose comprehensive strategies for peacebuilding and post-conflict recovery. To that end, it will provide necessary information in the immediate aftermath of war and focus attention on development and institution-building efforts necessary for recovery and will support the development of integrated strategies for countries emerging from conflict, in order to prevent them from relapse into conflict. In addition, it will provide recommendations and information to improve coordination of all stakeholders in and outside the United Nations, develop best practices, help to ensure predictable financing for early recovery activities, and extend the period of attention by the international community to post-conflict recovery.

78. The Peacebuilding Commission will consider matters on the Security Council’s agenda brought before it by that body. Any Member State of the United Nations in an exceptionally difficult situation on the verge of relapsing into conflict should be able to request through ECOSOC the advice of the Peacebuilding Commission, if the Security Council is not seized of the situation in question. The Peacebuilding Commission’s Organizational Committee should consider the relevance of the request.

79. The Peacebuilding Commission should make the outcome of its discussions available to all relevant bodies and actors of the United Nations including the international financial institutions.

80. The Peacebuilding Commission should provide advice on Peacebuilding strategies for countries emerging from conflict to such bodies as are actively seized of the issue, in accordance with the Charter. In the initial stages of conflict recovery, and for as long as the Security Council is actively seized with the situation, the Peacebuilding Commission should provide advice to that body. Thereafter, the Peacebuilding Commission should provide advice to the ECOSOC.

81. The Peacebuilding Commission shall submit an annual report to the General Assembly.

82. The Peacebuilding Commission shall meet in variable configurations. Countryspecific meetings of the Peacebuilding Commission should comprise:

(a) the national authorities of the country under consideration, as appropriate;
(b) countries in the region engaged in the post-conflict process, as well as relevant regional and sub-regional organizations;
(c) the major financial and troop contributors involved in the recovery effort;
(d) the senior United Nations representative in the field and other relevant UN representatives;
(e) such regional and international financial institutions as may be relevant;

The Peacebuilding Commission should have an organizational committee, responsible for developing its procedures and organizational matters, comprised of:

(a) 7 members of the Security Council, including 5 permanent members and 2 non-permanent members;
(b) 7 members of the Economic and Social Council, elected from regional groups, and giving due consideration to those countries that have experienced postconflict recovery;
(c) 5 of the top 10 providers of assessed contributions (to the UN regular budget) and voluntary contributions (to the UN funds, programs and agencies), to be selected – according to procedures to be developed – from a list provided by the Secretary-General;
(d) 5 of the top 10 providers of military personnel and civilian police to UN missions, to be selected – according to procedures to be developed – from a list provided by the Secretary-General;

Members in the above categories will be identified in the order set out above, with no double representation, and taking due account of geographical representation.

83. Representatives from the World Bank, the International Monetary Fund and other institutional donors should be invited to participate in all meetings of the Peacebuilding Commission in a manner suitable to their governing arrangements, as well as a representative from the Secretary-General.

84. We request the Secretary-General to establish a multi-year standing fund for postconflict peacebuilding, funded by voluntary contributions, and taking due account of existing instruments. The primary objective of the Peacebuilding Fund will be to ensure the immediate release of resources needed to launch peace-related activities and arrangements, pending the convening of an international donor conference, as appropriate, and the subsequent release of pledged funds through existing bilateral and multilateral financing channels.

85. We request the Secretary-General to establish within the Secretariat and within existing resources a small Peacebuilding Support Office to assist and support the PBC. It should draw on the best expertise available within the UN system.

86. We request the President of the General Assembly, assisted by the Secretary-General, to conduct consultations with Member States in order to develop the necessary modalities for the effective operation of the Peacebuilding Commission including its rules of procedure, financial arrangements for its functioning, and selection of the Chairs, so that the body can begin operations no later than 31 December 2005.

87. The arrangements set out above will be kept under review, with a view to ensuring they are appropriate to delivering the agreed functions of the PBC. Future proposals to change the arrangements, hereby agreed, should be forwarded jointly by the Security Council and the ECOSOC for approval by the General Assembly.

Sanctions

88. We agree that sanctions remain an important tool under the United Nations Charter in our efforts to maintain international peace and security without recourse to the use of force, and resolve to ensure that sanctions are carefully targeted in support of clear objectives, subject to time limits, where appropriate, and are implemented and monitored effectively with clear benchmarks and accountability, to comply with sanctions established by the Security Council, and to ensure that sanctions are implemented in ways that mitigate the adverse consequences, including socio-economic and humanitarian, for populations and third States.

89. We call upon the Security Council, with the support of the Secretary-General, to improve its monitoring of the implementation and effects of sanctions, to ensure that sanctions are implemented in an accountable manner and to review regularly the results of such monitoring, and to develop a mechanism to address special economic problems arising from carrying out sanctions, in accordance with the United Nations Charter. We also call upon the Security Council and the Secretary-General to ensure that fair and transparent procedures, in accordance with international law, in particular Security Council resolutions, exist for placing individuals and entities on sanctions lists and for removing them, as well as for granting humanitarian exemptions.

90. We agree to support efforts through United Nations agencies to strengthen State capacity to implement sanctions provisions.

Transnational Crime

91. We express our grave concern at the negative effects on development, peace and security and human rights posed by transnational crime, including smuggling and trafficking of human beings, narcotic drugs, and small arms and light weapons, and at the increasing vulnerability of States to such crime. We reaffirm the need to work collectively to combat transnational crime.

92. We recognize that trafficking in persons continues to pose a serious challenge to humanity and requires a concerted international response. To this end, we urge all States to devise, enforce, and strengthen effective measures to combat and eliminate all forms of trafficking in persons.

93. We urge all States which have not yet done so to accede to the relevant international conventions on organized crime and corruption and to implement them effectively, including by incorporating the provisions of those conventions into national legislation and by strengthening criminal justice systems.

94. We decide to strengthen the capacity of the United Nations Office on Drugs and Crime to provide assistance to Member States in those tasks upon request. Women in the Prevention and Resolution of Conflicts

95. We stress the important role of women in the prevention and resolution of conflicts and in peacebuilding. We also underline the importance of the integration of gender perspective and women’s equal participation and full involvement in all efforts to maintain and promote peace and security, as well as the need to increase their role in decision-making at all levels. We strongly condemn all violations of human rights of women and girls in situations of armed conflicts and foreign occupation and the use of sexual exploitations, and violence and abuse, and commit to elaborating and implementing strategies to report on, prevent and punish gender-base violence.

Protecting children in situations of armed conflicts

96. We reaffirm our commitment to promote and protect the right and welfare of children in armed conflicts. We welcome the significant advances and innovations which have been achieved over the last several years. We welcome in particular the adoption of Security Council Resolution 1612 (2005), establishing a monitoring and reporting mechanism, the naming and listing of violating parties, and time-bound action plans for ending all grave violations against children. We call upon States to become a party and implement the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts. We also call upon States to take effective measures, as appropriate, to prevent the recruitment and use of children, contrary to international law, by armed forces and groups and to prohibit and criminalize such practices.

97. We therefore call upon all States and bodies concerned to take concrete measures to ensure accountability and compliance by those responsible for grave abuses against children. We also reaffirm our commitment to ensure that children in armed conflicts receive timely and effective humanitarian assistance, including education, and to take effective measures for their rehabilitation and reintegration into society.

Source: The United Nations, http://www.un.org.