S/PV.6108Resumption1 Security Council
▶ This meeting at a glance
39
Speeches
0
Countries
0
Resolutions
Topics
Peacekeeping support and operations
Peace processes and negotiations
Sustainable development and climate
African Union peace and security
UN procedural rules
Security Council deliberations
Thematic
The President (spoke in Spanish): I should like
to inform the Council that I have received a letter from
the representative of the Sudan, in which he requests to
be invited to participate in the consideration of the item
on the Council's agenda. In conformity with the usual
practice, I propose, with the consent of the Council, to
invite that representative to participate in the
consideration of the item, without the right to vote, in
accordance with the relevant provisions of the Charter
and rule 37 of the Council's provisional rules of
procedure.
There being no objection, it is so decided.
At the invitation of the President, Mr. Mohamad
(Sudan) took the seat reservedfor him at the side
of the Council Chamber.
The President (spoke in Spanish): I now give the
floor to the representative of South Africa.
Mr. Sangqu (South Africa): We wish to express
our appreciation to the presidency of the Security
Council for organizing this important debate on the
maintenance of international peace and security:
mediation and settlement of disputes. We also wish to
recognize the role played by Burkina Faso, whose
initiative last year culminated in the report of the
Secretary-General before us (8/2009/189).
In its Article 2, paragraph 3, the United Nations
Charter requires Member States to "settle their
international disputes by peaceful means in such a
manner that international peace and security, and
justice, are not endangered". Article 33 of the Charter
requires Member States to seek a solution by peaceful
means to any dispute that they might be party to.
In this regard, the United Nations has, over the
years, played a useful role in helping to mediate inter-
and intra-State conflicts before they escalate into
armed conflicts, after the outbreak of violence and
during the implementation of peace agreements.
However, peaceful resolution of disputes is a sovereign
responsibility, and, therefore, building effective local
and national capacity should be a priority within States.
Similarly, the African Union (AU) continues to
play a meaningful and active role towards the peaceful
settlement of disputes through negotiation, mediation,
conciliation or arbitration, within its limited resources
and capabilities. The active role that the African Union
2
has played and continues to play in conflict prevention
and resolution in Africa should be seen as
complementing the efforts of the United Nations. The
establishment of the African Peace and Security
Architecture, including the Early Warning System, the
Pan-African Parliament and the Economic, Social and
Cultural Council, the New Partnership for Africa's
Development and the Peer Review Mechanism of the
AU have gone a long way in improving security as
well as creating sustaining conditions of political
stability, good governance and economic development.
Mediation has become an indispensable tool in
the prevention and resolution of conflicts, as more and
more conflicts are intra-State rather than inter-State in
nature. The major advantage of mediation is that it can
be deployed timeously, before the conflict escalates
into a full-blown conflict. It is also cost-effective.
However, mediation is the least-used - or the least-
recognized - among the tools available for conflict
resolution and prevention. We therefore support the
Secretary-General's proposal to strengthen United
Nations capacity in mediation through the Department
of Political Affairs and the Mediation Support Unit.
South Africa welcomes the view expressed in the
report of the Secretary-General that the United
Nations, however, does not have a monopoly on
mediation and that regional organizations could hold a
comparative advantage that allows for early
intervention. The key factors in this regard are
proximity, knowledge of regional dynamics and the
immediate impact of the conflict. Regional and
subregional organizations have demonstrated the
willingness and capability to facilitate such mediation.
Notwithstanding this advantage there is a need for
proper coordination and for ensuring synergy,
coherence and a well-coordinated strategy between all
international actors and regional stakeholders.
We therefore welcome the ongoing cooperation
between the United Nations and the African Union in
building capacity in mediation and echo the Secretary-
General's appeal for flexible financing and for
mediation to be properly resourced. In the long term,
the advantages and cost-effectiveness of mediation in
the prevention of deadly conflict are reasons to
embrace its methods, particularly in view of the cost in
human life, displacement and destruction of countries'
political and economic infrastructure that result from
conflicts, as well as the cost of post-conflict
09-30856
peacebuilding and the deployment of peacekeeping
operations.
The role of women as peacemakers cannot be
overemphasized. In this regard, the objectives of
resolutions 1325 (2000) and 1820 (2008) remain valid
in ensuring gender participation in peacemaking and
peacebuilding activities.
Allow me to highlight some of the factors in
mediation that we believe are crucial to the success of
mediation. Ownership of the mediation process by the
various parties in conflict and the role of support
mechanisms are of critical importance. The success of
mediation efforts at times cannot be measured in the
short term. It is important to allow the parties to find
their own solutions, the process of which tends to be
long and painstaking. There are no quick fixes or one-
size-fits-all solutions.
Mediation must gain the trust of the parties and
keep them focused on resolving disputes by identifying
and addressing the root causes of the conflict and
seeking acceptable resolutions to them. Parties and
leaders must always keep in mind that their national
responsibility to the welfare of their citizens overrides
their narrow individualistic political interests.
Mediation should be seen as a strategic
intervention and should be properly planned for. It
cannot be an ad hoc engagement - hence the need to
build and develop a cadre of mediators with the
necessary training and support.
Interlocking early warning systems, sound
analytical capability and complementarities with
regional organizations and non-governmental
organizations could assist in identifying systemic
challenges that could potentially trigger conflict.
The role of the Security Council should always be
directed at supporting and facilitating the efforts of the
mediator, rather than at frustrating them. The Council
should always avoid the temptation to pre-empt the
outcome of mediation efforts and allow the mediators
the necessary time and space to do their work. Our
experience is that when the Council has interfered by
predetermining the outcome in the mediation efforts
either of the Secretary-General or of regional
organizations, the results have not always been
positive.
We are obviously encouraged by the fact that the
Secretary-General shares the view that mediation, by
09-30856
its very nature, has to be quick, quiet and discreet. In
that regard, the Southern African Development
Community (SADC) has been working hard, at the
subregional level, to facilitate the political process
aimed at reaching agreement between the parties in
Zimbabwe. We applaud the important role that has
been played by SADC in facilitating the Zimbabwe
political parties reaching a power-sharing agreement
that led to the formation of an inclusive Government.
We are convinced that the recent political
developments will provide greater impetus for the
people of Zimbabwe to carry on with the national
reconciliation, economic recovery, reconstruction and
development processes. We call on the international
community to support those efforts, in particular by
lifting the sanctions, which continue to have a
destabilizing effect on the recovery and reconstruction
processes in Zimbabwe.
Finally, South Africa associates itself with the
sentiments expressed in the draft presidential statement
to be adopted later today.
The President (spoke in Spanish): I now give the
floor to the representative of Finland.
Mr. Viinanen (Finland): We wish to thank you,
Mr. President, for organizing this debate on this
important issue. Similarly, we thank the Secretary-
General for his valuable report (S/2009/189) on
mediation and its support activities. We trust that this
report will start a process that leads to more structured
and professional mediation activities not only of the
United Nations Secretariat, but also in support of
Member States, regional organizations and civil
society. Finland aligns itself with the statement to be
delivered by the representative of the Czech Republic
on behalf of the European Union. In addition, I have
the honour of presenting some additional national
views.
Mediation and settlement of disputes lie at the
very core of the United Nations, and especially of the
Security Council, with its primary responsibility for
maintaining international peace and security. Finland
supports United Nations mediation efforts and stresses
the importance of enhancing the capacities for
mediation available within the United Nations
framework. Hence, we warmly welcome the role and
active input of the Mediation Support Unit of the
Department of Political Affairs, which provides
3
important expertise for the mediation efforts of the
United Nations and its partners.
While the United Nations has traditionally
occupied the leading role in international conflict
mediation, regional and subregional partners are
assuming growing responsibility in that field, as my
colleague from South Africa just mentioned. The
European Union, while learning from the valuable
experience provided by the United Nations, is
developing its own capacities for peace mediation.
Also, the Organization for Security and Cooperation in
Europe has developed versatile tools for conflict
resolution.
In the light of the current Security Council
agenda, particular attention has to be paid to Africa.
Finland strongly supports the strengthening of the
African Union's mediation capacity. For that purpose,
we are providing €2.9 million to finance a joint project
on enhancing the African Union's mediation capacity.
Against that background, we cannot but encourage the
United Nations to further engage in dialogue and
cooperation with regional and subregional
organizations.
Local ownership is essential for effective and
sustainable mediation results, as local actors are most
aware of the actual situations, conditions and
sensitivities.
In order to build sustainable peace and security,
there is also a need for increased attention to women's
equal and active participation in the mediation and
peace negotiations. In conflict situations women are
capable and powerful actors, and they should be
encouraged to actively participate in the settlement of
disputes. Up to now, no more than eight women have
served as high-level United Nations representatives in
the field. We agree with the Secretary-General that that
is not enough.
We emphasize once again the need to fully
implement Security Council resolution 1325 (2000)
and draw the attention of the Council to the
recommendations of the recent International
Colloquium on Women's Empowerment, Leadership
Development and International Peace and Security,
which was jointly chaired by the President of Liberia,
Ellen Johnson-Sirleaf, and the Finnish President, Tarja
Halonen.
The successful act of mediation is not concluded
by the signature of a peace agreement. As stated by the
Secretary-General, mediation must be followed by
immediate post-conflict peacebuilding efforts, notably
in the areas of police, rule of law, democracy, human
rights, disarmament, demobilization and reintegration
and security sector reform. We hope that the
forthcoming report of the Secretary-General on early
recovery and peacebuilding will provide concrete
recommendations in making the United Nations system
more coherent in the area of early peacebuilding.
Finland has a long tradition in international peace
mediation. The Nobel Peace Prize of President Martti
Ahtisaari is a testimony of our commitment to that
challenging task. At the same time, that highly
appreciated Nobel Prize is recognition for the valuable
efforts of the United Nations in peace mediation. We
believe that the United Nations should strive to groom
its internal capacity for mediation. The Secretary-
General could create a concrete plan on how to prepare
the next generation to follow the steps of previous
eminent United Nations peace negotiators. Finland is
also committed to engage in and support future
mediation efforts of the United Nations.
The President (spoke in Spanish): I now give the
floor to the representative of Uruguay.
Mr. Cancela (Uruguay) (spoke in Spanish): First
of all, I would like to welcome the initiative of the
Mexican presidency in bringing to the Security Council
and to this open debate the issue of mediation and the
procedures for the peaceful settlement of disputes. We
recall that in September 2008, the Security Council, at
the initiative of Burkina Faso and of representatives of
the members of the Economic Community of West
African States, also held a debate on the issue (see S/PV.5979), and in the presidential statement that
summed up that debate (S/PRST/2008/36) requested
the Secretary-General to submit a report on mediation
and ways to enhance it. We take this opportunity to
note with interest the report submitted by the
Secretary-General in document S/2009/ 189.
The subject in question is very important. The
peaceful settlement of disputes involves a range of
instruments to achieve a rational and negotiated
solution to situations that may threaten international
peace and security. Using those means is vitally
important owing to the preventive nature of these
processes. If we recall the well-known observation that
the prevention of conflicts is less burdensome that
imposing and keeping the peace, we can clearly
understand the appropriateness of adopting those
methods as widely as possible.
Mediation is a strongly developed mechanism in
the area of preventive diplomacy. Preventive
diplomacy itself requires great flexibility with regard
to the various processes that can be involved in dispute
settlement in the pre-conflict phase. In that connection,
mediation and peaceful dispute settlement procedures
involve not only the principal United Nations organs,
in particular the Security Council, but also the full
weight and mandated role of the General Assembly and
the International Court of Justice, as defined in the
Charter.
The history of mediation in the United Nations
should be studied on the basis of actual practice. The
aspects discussed by the Secretary-General in his
report enable us to focus on the current scope of
practice and to consider the proposals and
recommendations that he intends to implement in 2009.
Among these, we highlight the strengthening and
professionalization of United Nations mediators; the
importance of intervening as soon as possible;
reflections and proposals on integrating mediation into
field operations; gender policy, in particular within the
framework of the Mediation Support Unit; and
partnerships with regional and subregional
organizations and other civil society actors in this
endeavour.
In that connection, and with regard to the
Secretary-General's proposals, Uruguay has the
following understanding. In principle, we recognize the
important work done by the Secretary-General and the
Department of Political Affairs, which was
strengthened by last year's reform and the progress
made following the establishment and structuring of
the Mediation Support Unit. We understand that, in the
specific case of the Secretary-General's structural and
administrative recommendations, they could be
implemented by the General Assembly through the
Fifth Committee.
While the report was submitted to the Security
Council, it would have been useful for the Council,
after having considered the document's implications
and deciding what course this discussion would take, to
pass on its content to the General Assembly,
highlighting those aspects on which the Assembly
could collaborate with the Council, in accordance with
the provisions of Article 11 of the Charter. Another
point of particular interest would be considering the
report's implications and the subsequent debate on the
implementation of mediation-related measures under
Chapter VIII of the Charter and regional agreements,
pursuant to Article 52 of the Charter.
We understand the importance of the reference to
regional bodies and to the participation of other
non-State actors in certain mediation processes. In that
connection, we believe that similar attention should be
accorded to all regions. For example, we can cite the
specific case of the Organization of American States
(OAS), which has the broadest experience in this area.
The inter-American system was already developing
concrete practices in the area of peaceful dispute
settlement towards the end of the nineteenth century.
Current instances of regional mediation have enabled
us to settle potential conflicts in the region in a timely
manner, while enabling the United Nations to devote
its efforts to mediation in other regions. However, that
does not mean that cooperation is not necessary in our
region; rather, it should preserve the inter-American
system in order to maintain the early-warning system
in the region. The efforts of the OAS and other
subregional arrangements will require increasingly
sophisticated levels of cooperation with the United
Nations.
Another aspect related to the concepts of
peacekeeping and peacebuilding through preventive
diplomacy is the need to promote national and local
capacities in conflict prevention and resolution.
Mediation, facilitation and dialogue, as fundamental
components of the social fabric at the national or local
level, make it possible to create an environment
favourable to reconstruction and peacemaking in the
event ofpossible conflict.
Among the other aspects that need to be
strengthened, according to the Secretary-General, is
gender policy (5/2009/189, para. 62 (f)). The report
indicates that only seven women have been appointed
mediators in the history of the Organization. When
women are listed in the various mediator posts, there is
also clearly a deficit in terms of equitable geographical
distribution - a principle often violated in the
bureaucratic history of the United Nations. We demand
not only gender equity, but also geographic equity with
regard to the appointment of mediators.
5
Finally, we must consider the financing of this
important activity of the Organization, supporting the
Secretary-General's proposals for a list of mediators
that will allow us to take timely advantage of the
experience accumulated in various regions and to
maintain a competent and effective Mediation Support
Unit in the Secretariat.
The Security Council, for its part, should attach
the greatest importance to preventive activity, clearly
supporting the Secretary-General's proposals and
continuing to study, as a priority, the peaceful
settlement of disputes as the best alternative for the
maintenance of international peace and security.
The President (spoke in Spanish): I now call on
the representative of the Republic of Korea.
Mr. Kim Bonghyun (Republic of Korea): I
would like to thank you, Mr. President, for this
opportunity to address the Security Council today on
the important topic of mediation and settlement of
disputes. I also express my appreciation to the
Secretary-General and his team for their hard work and
for the insightful report before us on enhancing
mediation and its support activities (S/2009/ 189).
As we witness the increasing cost of dealing with
the shattered remnants of peace, the value of timely
and efficiently engaged mediation is being more and
more widely recognized. Considering the increasing
importance and value of mediation, it is imperative to
sum up the lessons learned so far and to devise the
most effective mediation tools for resolving disputes at
an early stage. My delegation agrees with the
Secretary-General that mediation has proved to be the
most promising means for the peaceful settlement of
disputes; however, the practice of mediation has
received disappointingly little attention and support.
In that regard, today's open debate is most timely,
taking the lead from the results of the high-level
meeting of the Council last year (see S/PV.5979), and
will help us to promote and support mediations and
other means of the peaceful settlement of disputes
more professionally and consistently. In contributing to
that discussion, my delegation would like to highlight
the following points.
First, although the United Nations does not have
a monopoly on mediation, the Organization is in an
ideal position to provide mediation in most cases. With
192 Member States, which have agreed to resolve
disputes peacefully, the United Nations is the only
global intergovernmental organization whose primary
function is the maintenance of international peace and
security. Thanks to the universality and the multilateral
nature of the United Nations, the trustworthiness and
impartiality of mediation are more readily and easily
recognized by the parties concerned when mediation is
practiced by the United Nations itself or by other
organizations or individuals endorsed by it. More
often, the Organization's endorsement of a mediator
has also helped to bolster the tools and the capacity of
the mediator. In that regard, the United Nations
deserves the focused investment of strengthening and
consolidating mediation capabilities.
Secondly, increasing mediation capacity needs to
be focused on providing mediation at the earliest
possible phases of conflict by the most capable and
relevant mediators, aided by professional and sufficient
support. In particular, the importance of engaging at
the earliest possible stage needs no further emphasis.
To achieve this, thorough databases of dedicated
mediators should be created so that when a need for
mediation arises, we will spend the least amount of
time and energy locating mediators with the right set of
attributes for the situation.
Thirdly, a basic platform of support that
encompasses experts, finances and administrative
services should be established for effective and
responsive mediation. Considering the increasing
professional and complex nature of mediation,
systematic programmes should be devised to create
future professional mediator corps. However, it was
alarming to learn from the report that adequate and
dedicated human and financial resources have not yet
been secured in the United Nations. A comprehensive
mediation education system is also yet to be realized.
Further efforts need to be made in those areas,
and I believe that the Secretary-General has taken the
right steps to remedy this issue by establishing the
Mediation Support Unit in the Department of Political
Affairs. The recently established mediation start-up
funds will also be instrumental in providing necessary
financial support to the mediation team. My delegation
supports the Secretary-General in proactively seeking
ways to mobilize adequate funding for mediation
support and to establish a sufficient support platform
for mediations that are responsive to the demands of
fast-moving peace processes.
Fourthly, disputes should be considered within a
regional or subregional context if mediation is to be
successful. Therefore, close partnerships with
established regional organizations are very important
and a more strategic discussion should be held on ways
to establish a clearer framework for effective decision-
making and coordination with regional organizations.
We also need to find ways to ensure that the proper
regional and subregional context is incorporated into
the mediation process when there is no relevant
regional or subregional organization established.
Fifthly, good offices and mediation have been
more effectively and successfully pursued and
practiced when they have been backed up by unified
and sustained support from the Security Council. As
illustrated in the Secretary-General's report, the
Security Council has many tools that it can wield to
support and promote mediation and to call spoilers into
the process of mediation. My delegation believes that
the Security Council should continue to keep actively
abreast of the overall progress of peacemaking efforts
and stay unified in providing necessary support for
mediation processes when needed.
Finally, my delegation is concerned about the low
number of women in formal roles in the mediation
process. The Security Council, in line with its
resolutions 1325 (2000) and 1820 (2008), should
encourage women's participation in all stages of peace
processes and in all official and unofficial roles. We
should remember that the low proportion of women in
mediation processes represents not only a gender
imbalance, but also the possible neglect of constructive
resources for mediation and untapped talent pools.
My delegation values the cost-effectiveness of
successful mediation and believes that the core aspect
of successful mediation rests on helping concerned
parties to build confidence, identifying the core
interests of each party with a view to starting a
successful negotiation, and envisaging the benefits of a
peaceful settlement of the dispute. Re-emphasizing our
view that the United Nations should be at the centre of
promoting and supporting the mediation process with
an adequate support platform, I would like to end my
remarks by asking the Secretary-General and the
Security Council to continue to promote mediation and
to establish an adequate and sufficient support platform
for mediation.
09-30856
The President (spoke in Spanish): I give the
floor to the representative of the Czech Republic.
Mr. Palous (Czech Republic): I have the honour
to speak on behalf of the European Union. The
candidate countries Turkey, Croatia and the former
Yugoslav Republic of Macedonia; the countries of the
Stabilisation and Association Process and potential
candidates Bosnia and Herzegovina and Montenegro;
as well as Ukraine, the Republic of Moldova, Armenia
and Georgia align themselves with this statement.
I would like to thank Under-Secretary-General
Pascoe for presenting the valuable report of the
Secretary-General (S/2009/ 189). Mediation is a
critically important tool among the limited responses
available to the international community for conflict
management. It can be applied at all stages of the
conflict cycle, from prevention and peacemaking to the
implementation of peace agreements. When it works
well, the world might not even notice that a potentially
harmful conflict has been defused. When it fails,
extinguishing the crisis requires much more effort and
resources. That is why we must further improve the
practice of international mediation and see to it that
negotiated settlements to conflicts bring long-lasting
stability with increasing frequency. The Secretary-
General's report contains a large number of lessons
learned and useful recommendations which must now
be implemented in order to make mediation even more
effective in the future.
The success of international mediation rests on
partnership, cooperation and the mutual support of all
actors concerned. The United Nations has been
involved in mediation for over 60 years, and enhancing
its capacities will further strengthen the collective
impact of its mediation initiatives. The European
Union supported the establishment of the United
Nations Mediation Support Unit within the Department
of Political Affairs and continues to contribute
financially to its activities, through both the European
Commission and individual European Union member
States. We also support the proposed system-wide
approach to mediation and the development of a
standby team of regional and thematic experts.
One of the prerequisites for effective mediation
initiatives is the availability of flexible financial and
human resources. The Secretary-General's report
points to the fact that mediation tends to be most
effective when launched early, and the European Union
regards positively the recent establishment of a
mediation start-up fund. In order to further enhance our
cooperation in mediation, the European Union and the
United Nations should develop a mechanism of sharing
expertise and lessons learned, develop joint training
opportunities and work together on the establishment
of a roster of mediation experts.
The European Union supports the promotion of
mediation as an efficient and cost-effective instrument
of conflict prevention and resolution and is - as
underlined in the Secretary-General's report -
increasingly engaged in mediation efforts. The
involvement of the European Union in mediation is
twofold - direct and indirect. There are a number of
actors within the European Union who, on occasion,
play a role in international facilitation, mediation and
dialogue processes. The European Union Presidency,
High Representative Javier Solana and the European
Union special representatives and members of the
European Commission are among the most visible
actors, but the heads of European Commission
delegations and the heads of the European Security and
Defence Policy mission are also frequently engaged in
mediation activities.
The European Union is in the process of
strengthening and professionalizing its mediation and
mediation support capacity so as to use that tool more
effectively. We appreciate the continuing cooperation
with the Mediation Support Unit in that endeavour.
Like all other regional organizations, the
European Union has its own interests, which may
sometimes compromise our ability to serve as impartial
mediators. The European Union has therefore
developed a system of indirect support to third-party
mediators, which also builds on the capacity and
knowledge of non-governmental organizations.
Specifically, the Instrument for Stability administered
by the European Commission includes the Facility for
urgent actions involving Policy Advice, Technical
Assistance, Mediation and Reconciliation.
The African Union is also playing an increasingly
important role in mediation, and the European Union is
committed to assisting in further developing its
capacities. Under the African Peace Facility, an Early
Response Mechanism has recently been established to
support the mediation efforts of the African Union and
other African regional organizations.
Today's debate gives us the opportunity to reflect
on what has been achieved through mediation and to
identify the challenges of negotiated settlements. We
should not consider mediation in isolation. Peace
agreements have too often fallen apart, partly owing to
the lack of a clear implementation plan. The United
Nations and its partners need to build coherence across
the conflict spectrum, including in the post-conflict
peacebuilding phase, to improve the effectiveness of
mediation, minimize the threat from spoilers and
ensure that the agreements reached are sustained. As
the report points out, it is important that transitional
justice issues be adequately covered in the agreement
and that the rule of law be re-established. Where
serious crimes have been committed, the culture of
impunity often leads to a cycle of violence that
undermines sustainable peace.
Finally, the European Union appreciates the
Secretary-General's commitment to improving gender
expertise and balance at all levels. Women's absence
from peace negotiations and the lack of gender
expertise in mediation teams seriously limit the extent
to which women's experiences of conflict and
consequent needs for recovery are addressed in those
processes. An analysis by the United Nations
Development Fund for Women shows that, in 13 major
comprehensive peace agreement processes since 2000,
not one single woman was appointed as a mediator.
These statistics need to change if future peace
agreements are to be achievable, representative and
likely to secure durable peace. Sustainable peace
cannot be managed through the marginalization of such
a large and vital constituency.
The President (spoke in Spanish): I now give the
floor to the representative of Liechtenstein.
Mr. Wenaweser (Liechtenstein): We thank the
Secretariat for producing a very good report
(S/2009/189) on this topic, and we thank Burkina Faso
for its leadership on this issue.
Given the purposes of this Organization,
mediation should naturally play a central role in its
activities. To an outside observer, it must therefore
come as a surprise how little attention and limited
resources have been invested in this area so far and that
it is only now that we are talking about the need to
professionalize these efforts. It appears that the
inherent strengths of mediation are, ironically, a
weakness in the context of intergovernmental
discussions. It is essentially preventive in nature, done
in sometimes very discreet ways, potentially very cost-
effective and ideally carried out at a time when a
conflict may not be Visible. Our neglect of mediation
so far is thus an expression of our continued reluctance
to invest in preventive diplomacy. While we have
talked about the need for such diplomacy for many
years now, we have yet to make the transition in
practice.
We must consider one central statement in the
report in this context: "Early mediation in a preventive
context can, if successful, obviate the need for some
peacekeeping missions" (S/2009/189, para. 59). At a
time when peacekeeping costs continue to skyrocket
and the relevant parts of the Secretariat are clearly
overstretched, we hope that this will help make
mediation indeed the core activity that it should have
been in the first place.
The establishment of a Mediation Support Unit
was an important step, made after of years of
consultations, and is showing positive first results. We
must carry this momentum forward on the basis of the
recommendations contained in the report, which we
support in their entirety. We welcome the presidential
statement that we understand will be adopted later
today, but more importantly, we hope that there will be
concrete and early follow-up on the recommendations
by all those whose contribution is needed - that is,
this Council itself, the Secretariat and the General
Assembly.
Allow me to make some brief remarks on three
specific areas of the report.
First, we welcome the concise and thoughtful
paragraphs on peace and justice, in particular the
reaffirmation that there can be no United Nations-
endorsed peace agreements that offer amnesty for the
most serious crimes under international law. The
relationship between peace and justice can be complex,
and mediators can find themselves in the midst of
relevant discussions. It must indeed be clear that
mediators cannot negotiate justice issues if they are
dealt with by independent judicial bodies - such as, in
particular, the International Criminal Court - and that
the situation under international law in this respect
must be clear to all parties involved. Chief among the
factors that keep conflict cycles alive are spoilers of
mediation efforts, who benefit from war economies in
particular and often operate in a climate of impunity.
Negotiated settlements of disputes are particularly
prone to relapse into violence, and addressing impunity
for serious crimes is an essential element in preventing
such violence and thus helps consolidate achievements
reached through mediation.
Secondly, the selection process for special
representatives and special envoys of the Secretary-
General and the efforts to build operational support for
these envoys must take into account the important role
that women play in mediation and the settlement of
disputes. This has been said many times in the past,
including in the presidential statement adopted last
year (S/PRST/2008/39), but the reality is of course
different. As stated by the speaker preceding me, since
2000 not a single woman has been appointed as a
mediator in negotiations of comprehensive peace
agreements, and only one woman is currently serving
as a special representative of the Secretary-General.
What is important in the relevant part of the report is
that the involvement of women is not a matter of
political correctness, but a question of making
mediation efforts more effective.
Thirdly, we must address the issue of resources.
The very sensible measures mentioned in the report,
such as training programmes and developing capacities
for operational support, of course cost money. But
more importantly, they are an investment that is likely
to lead to a significant reduction of the overall costs for
the Organization. We wish to state our view that
mediation is a core activity of the United Nations and,
as such, should in principle be funded from the regular
budget. At the same time, we are aware, of course, that
this will not be possible in the near future, and we will
continue our financial support for the Mediation
Support Unit. However, we hope that this area will
attract particular attention in future discussions on the
regular budget.
The President (spoke in Spanish): I now give the
floor to the representative of Nigeria.
Mr. Onemola (Nigeria): The Nigerian delegation
would like to commend the Mexican presidency of the
Security Council for convening this important
discussion to evaluate the report of the Secretary-
General on enhancing mediation and its support
activities (S/2009/l89). We thank Under-Secretary-
General for Political Affairs Lynn Pascoe for his
incisive and comprehensive statement.
Mediation is a strategy widely accepted and
extensively utilized by Member States, including
Nigeria, for the pacific settlement of all forms of
dispute. Chapter VI of the United Nations Charter has
long recognized negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement or other
peaceful means as valuable conflict-resolution
techniques.
The efficiency of mediation was amply
demonstrated in the peaceful resolution of the conflict
over the Bakassi peninsula between Nigeria and its
neighbour, Cameroon. Through intense mediation, the
exercise of political will and commitment to the
international judicial process, the nearly inflamed
situation over the Bakassi region was resolved
amicably.
In several other conflict situations in Africa, Asia
and elsewhere, mediation has proven to be a useful,
inexpensive and less risky peacemaking activity.
Indeed, it remains a tool that needs to be actively
utilized in all existing conflict situations, whether
intra-State or inter-State.
Given the importance of international mediation,
demonstrated by the frequency with which it has been
used to settle all types of conflicts in different parts of
the world, it is regrettable that it has not been given the
requisite attention and support within the United
Nations system. It is in this context that my delegation
welcomes the report of the Secretary-General
(S/2009/189), which aims at bringing mediation to the
centre of the peacemaking activities of the United
Nations. My delegation believes that the United
Nations, and in particular the Security Council, has a
crucial role to play in strengthening the Organization's
mediation capacity. It is the expectation of my
delegation that today's discussion will engender the
outcome necessary to reinforce the mediation efforts of
the United Nations.
International mediation should be viewed as a
specialist endeavour, requiring skills and techniques
such as persuasion and the ability to bargain and to
exercise leverage. The United Nations must therefore
guard against the appointment of international
mediators solely on the basis of their political stature
rather than on the basis of their competence as
mediators. It is necessary that mediators be proficient,
resilient, impartial, experienced and equipped to
manage the complexities of deep-rooted conflicts. They
must be familiar with a wide range of mediation
strategies and tactics in order to effectively deal with
the disputants.
The Mediation Support Unit should possess the
capacity to function in pre-conflict, conflict and post-
conflict situations. It is imperative that the Unit
coordinate its activities with the United Nations early
warning mechanism, and that it function in support of
United Nations post-conflict recovery efforts,
including those of the Peacebuilding Commission.
United Nations mediators should seek to work closely
with their counterparts in regional and subregional
organizations.
Some of those organizations have developed
advanced mediation and dispute settlement
mechanisms that could support the efforts of the United
Nations. The African Union Panel of the Wise, a key
component of the African Peace and Security
Architecture, and the Council of Elders of the
Economic Community of West African States, have
substantial experience in high-profile mediation.
Similarly, the Southern African Development
Community has also demonstrated an enviable capacity
to mediate conflicts in Southern Africa. The United
Nations mediation mechanism could also benefit from
the capacities, goodwill and specialization of some
regional peacemaking non-governmental organizations,
including women's organizations.
To conclude, I wish to reiterate that the success
rate of the United Nations mediatory role will depend
upon how sensitive the Organization is to the
socio-cultural milieu of every conflict. The United
Nations must therefore take concrete measures to
assure the parties to all conflicts of its neutrality and its
receptiveness to local values.
The President (spoke in Spanish): I now give the
floor to the representative of Cuba.
Mrs. Nufiez Mordoche (Cuba) (spoke in Spanish): I have the honour to participate in this debate
on behalf of the 118 members of the Non-Aligned
Movement (NAM).
The Movement reaffirms that the United Nations,
its Charter and international law remain indispensable
tools and central elements in the preservation and
maintenance of international peace and security. NAM
supports the strengthening, within the framework of
the Charter, of the capacity and efficiency of the
United Nations in its efforts to prevent, control and
peacefully resolve conflicts and disputes. Improving
the capacity of the United Nations to prevent and settle
disputes is more effective than having to deal with the
costly aftermath of wars and armed conflicts. The
pacific settlement of disputes is key to the
Organization's Charter obligation to maintain
international peace and security.
In acknowledging the relationship between
economic and social development and peace and
security, NAM. considers important to ensure that any
effort to transform the United Nations into a more
effective instrument for preventing conflict should take
into account the need for a balanced, coherent and
comprehensive approach, in accordance with the
Charter and international law, in order to enhance
conflict prevention and resolution and post-conflict
peacebuilding strategies with the aim of achieving
sustained economic growth and sustainable
development.
In this context, it is critical that all of the
principal organs of the United Nations play an active
role in evolving and implementing a more effective
collective security system, in accordance with their
respective functions and powers, without upsetting the
balance as established by the Charter.
The Non-Aligned Movement regrets that in
recent years the Security Council has been too quick to
threaten or authorize enforcement action in some cases
while being silent and inactive in others. Furthermore,
the Council has increasingly resorted to Chapter VII of
the Charter as an umbrella for addressing issues that do
not necessarily pose an immediate threat to
international peace and security.
A careful review of these trends indicates that the
Council could have opted for alternative measures to
respond more appropriately to particular cases. Instead
of excessive and hasty use of Chapter VII, efforts
should be made to fully utilize the provisions of
Chapters VI and VIII for the pacific settlement of
disputes.
In accordance with Chapter VI, Article 33, the
Security Council should call upon the parties to any
dispute, when it deems necessary, to settle their dispute
by means such as negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements, or other peaceful
means of their own choice.
The Non-Aligned Movement stresses that
Chapter VII should be invoked, as intended, as a
measure of last resort. Unfortunately, in some cases
provisions of Articles 41 and 42 have been too quickly
resorted to, while the other options, including
mediation, had not been fully exhausted.
Sanctions imposed by the Security Council
remain an issue of serious concern to the non-aligned
countries. In accordance with the United Nations
Charter, the imposition of sanctions should be
considered only after all means of peaceful settlement
of disputes under Chapter VI of the Charter have been
exhausted and a thorough consideration undertaken of
the short-term and long-term effects of such sanctions.
Historically, the Non-Aligned Movement has
given much to the process of pacific settlement of
disputes, and has yet more to offer. To the search for
solutions to disputes and conflicts, the Movement
brings its long-standing commitment to the peaceful
settlement of disputes, as well as its partnerships with
the United Nations and regional organizations.
The Movement reaffirms its principled positions
concerning peaceful settlement of disputes, which
include, among others, the following:
First, it is incumbent upon all States to defend,
preserve and promote the purposes and principles of
the United Nations Charter and the principles of
international law, including the pacific settlement of
disputes and the non-use or threat of use of force.
Secondly, all States shall refrain in their
international relations from the threat or use of force
against the territorial integrity or political
independence of any State, or in any other manner
inconsistent with the purposes of the United Nations.
Resort to Chapter VII of the Charter as an umbrella for
addressing issues that do not pose a threat to
international peace and security must be avoided. In
that regard, the Security Council should fully utilize
the relevant Charter provisions, where appropriate,
including those of Chapters VI and VIII.
Thirdly, all States should promote the principle of
the non-use of force and the peaceful settlement of
disputes, rather than the threat of force or use of force,
as a means of achieving collective security, bearing in
mind "that armed force shall not be used, save in the
common interest", as stipulated in the Charter.
Allow me to conclude by reaffirming the
Non-Aligned Movement's strong commitment to
defending the principles of the United Nations Charter
and international law, as well as the means envisaged
in the Charter for the pacific settlement of disputes and
non-resort to the threat or use of force.
The President (spoke in Spanish): I call on the
representative of Norway.
Mrs. Juul (Norway): Let me start by thanking
the Secretary-General and his staff for their report
(S/2009/l89), and Mexico for convening today's
meeting. I would also like to thank the President of
Burkina Faso, who initiated the process by calling for a
high-level meeting on mediation and the settlement of
disputes last year - a timely reminder of the
importance of this subject.
The very first paragraph of the United Nations
Charter states that a key purpose of the Organization is
to "take effective collective measures for the
prevention and removal of threats to the peace".
Mediation is a key instrument in this process, and
consequently must rank among the core activities of
the United Nations. The old adage that "an ounce of
prevention is worth a pound of cure" holds true in
international relations as well, and the United Nations
is more often than not what the world looks to for the
ounce of prevention, in the form of mediation and
conflict prevention.
It is no coincidence that two Secretaries-
General - Kofi Annan and Dag Hammarskjold - the
United Nations Children's Fund, the Office of the
United Nations High Commissioner for Refugees and
the United Nations itself have received the Nobel
Peace Prize, all of them honoured for their work in
pursuit of peace. We must never forget that preventing
conflict was the main reason for establishing the
United Nations, and we must make sure that the
Organization is well equipped and ready to take on this
responsibility whenever crises threaten to erupt.
We have to admit that this is not always the case
today. Time and time again, we see the United Nations
being forced to pass the hat among Member States to
ask for voluntary contributions in order to do the job
mandated in the Charter. It is our collective
responsibility to ensure that the size of the
Organization's regular budget matches the size of the
job we are asking it to do, and it is the United Nations
responsibility to be proactive and put this budget to
good use in trouble spots around the world.
Mediators grapple with widely varying situations,
yet some aspects - dialogue and access, early
engagement and a flexible and coherent approach -
are crucial to all international mediation efforts. The
mediator must talk to and have access to all parties
involved. He or she must be impartial to the parties
themselves, but not to the actions of the parties. The
mediator must be brought into the process as early as
possible. A non-threatening, quiet diplomatic channel
has the advantage of eliminating many of the political
risks carried by a more public process. It also makes it
more difficult for spoilers to undermine the work. The
mediator's approach must be flexible, bringing all
relevant actors, such as the United Nations, regional
organizations, civil society and individual States
together, complementing each other's efforts.
The challenge is to make everybody coordinate
their efforts. Last year in Kenya, we saw that the
Security Council, the African Union, a former
Secretary-General of the United Nations and other
international actors, together with the Mediation
Support Unit (MSU) and other parts of the Secretariat,
were able to reach a successful outcome during the
challenging post-election period. This is exactly what
we want and what we would like future mediators to
learn from.
Like many others before me, I would like to draw
our collective attention to the fact that today, almost
10 years after resolution 1325 (2000) strongly urged
the United Nations and Member States to take action to
bring more women into peace processes, very little
progress has been made. Among the peace negotiators
deployed by the United Nations, the African Union, the
European Union and Member States over the past
decade, women have been few and far between. We
know that women bring different issues to the table,
and that they contribute to a more durable and
inclusive peace. We know that we only recruit from
50 per cent of the talent pool as long as we do not
include women in sufficient numbers. And we know
that half of the population can feel excluded from the
process and less committed to the outcome when they
have not been part of the decision-making. We
commend the work that has been done on trying to
recruit more women as mediators, but call for renewed
and strengthened efforts from the United Nations and
Member States to translate the words of resolution
1325 (2000) into concrete action - action that will
bring women into the highest levels of mediation.
In closing, I would like to welcome the
improvement of the United Nations mediation
apparatus, particularly the Mediation Support Unit.
Last year's strengthening of the Department of
Political Affairs meant that an increased number of
mediation posts were covered by the regular budget, a
development we strongly support. As stated earlier,
mediation is a core activity of the United Nations and
must also be at the core of the regular budget.
Norway will continue to support the MSU
financially, in particular the standby team of experts.
We encourage the entire United Nations system to take
advantage of the unique expertise this team offers. The
first team will complete its work in June this year, and
we look forward to learning more about its
experiences.
The President (spoke in Spanish): I call on the
representative of Qatar.
Mr. Al-Nasser (Qatar) (spoke in Arabic): We
congratulate you, Sir, on assuming the presidency of
the Security Council this month, and thank you for
holding this open meeting and giving us the
opportunity to make our own contribution to the debate
on this important subject. I associate myself with the
statement made by the representative of Cuba on behalf
of the Non-Aligned Movement.
We are glad that you have chosen the issue of
mediation for the thematic debate of the Council
during your presidency, and we also welcomed the
thematic debate held by the Council last September
under the presidency of the President of Burkina Faso
to consider this important subject. We were similarly
satisfied to witness the consensus expressed at that
time by members of the Council on the importance of
supporting and encouraging mediation efforts at the
international and regional levels. That consensus was
expressed explicitly through the adoption of
presidential statement S/PRST/2008/36.
Mediation is at the heart of the work of the
Security Council and the mandate conferred on it by
the Charter of the United Nations for the maintenance
of international peace and security. When we talk about
the mandate of the Council, we must consider the
purposes of the Charter, which emphasizes early and
peaceful solutions of conflicts, especially in
Chapter VI. Although the Council also has a mandate
under Chapter VII, the latter must be used only as a
last resort when need arises. Therefore it is a cause of
concern to see that in recent years Council resolutions
have been frequently adopted under Chapter VII. In
addition, the deployment of peacekeeping forces and
other measures of the use of force result in a much
greater financial burden than the cost of diplomatic
mediation. Hence the relevance of the saying
"prevention is better than cure".
Consequently, diplomatic mediation remains the
most effective way to reach the desired peaceful
settlement, as experience has shown in many cases.
The Security Council must therefore encourage all
forms of mediation that contribute to the peaceful
resolution of disputes. We also encourage the Council
to continue to attach premium importance to the issue
of mediation and its promotion, including by
considering the possibility of establishing a subsidiary
body entrusted with the task of seeking ways of
enhancing mediation by third parties and other means
of peaceful settlement of disputes and disagreements.
If we carefully examine the factors of success of
dispute resolution through diplomatic mediation, we
can conclude that that success is predicated upon a
number of elements.
The mediator must be fair-minded, truthful,
impartial and without vested interest in the
continuation of the conflict or in a specific outcome to
it. The best example of the importance of impartiality
in mediation is the persistence of the crisis in the
Middle East for over six decades. In the same vein, the
intermediary has to be fully aware of the underlying
root causes and origins of the conflict. He also needs to
have a thorough understanding of the characteristics of
each case and each region and take them into account,
particularly conventions, norms and agreements that
exist between the parties to the conflict. The mediator
must have the open-mindedness that allows him to
understand and respect the cultures, sacred symbols
and the views of the parties to the conflict. Last but not
least, the mediator must, by having these qualities, gain
the trust of the parties to the dispute.
Other factors play a role in the success of
mediation. Indeed, it is of critical importance that all
influential stakeholders, or those that are likely to
influence the durability of the settlement reached, take
part in the negotiations. It is also important to
strengthen and consolidate the genuine desire of the
participants in the dialogue process to reach a genuine
settlement. We must work to mobilize the necessary
momentum in order to support and implement
mediation-driven agreements, to achieve consensus
and, in some cases, to secure reconstruction processes.
There is also a need to keep the efforts of mediation
processes from being sabotaged by some stakeholders.
The efforts for reconciliation and accord between
conflicting parties will be doomed to failure in the long
term if we do not work towards spreading a culture of
peace, renunciation of violence, acceptance of others
and peaceful expression of disagreement among the
parties to the conflict and their popular bases.
Based on the views and proposals that I have
mentioned, we believe that the recommendations of the
Secretary-General contained in his report to the
Council on this matter are worthy of consideration. The
establishment of the Mediation Support Unit of the
Department of Political Affairs, which provides the
necessary expertise to support mediation efforts of the
United Nations and of the regional and subregional
organizations, constitutes a step forward. We should
continue to develop the activities of that Unit and its
involvement with Member States under the principle of
respect of sovereignty.
There is no doubt that the endeavours and good
offices efforts exerted by the Secretary-General, either
directly or through his representatives and special
envoys and United Nations mediators, aiming at the
resolution of conflicts in many regions of the world,
are commendable and worthy of assistance and
support. Therefore, the State of Qatar annually
supports the Trust Fund to Support Special Missions
and Other Activities Related to Preventive Diplomacy
and Peacemaking, in the belief that the diplomatic
efforts of the Secretary-General and the United Nations
are important.
The United Nations must also support regional
and subregional arrangements with a view to reaching
peaceful settlement of disputes, taking into account the
specificities of each region due to its circumstances,
which the regional arrangements understand best. In
particular, support from regional arrangements in
resolving regional conflicts is embedded in the Chapter
VIII of the Charter of the United Nations. The Security
Council has recognized this on several occasions
recently when discussing cooperation with regional and
subregional organizations. We recall that the Council,
in its presidential statement S/PRST/2008/36, was
intent on enhancing the support provided by the United
Nations to regional and subregional mediation efforts
through the enhancement of cooperation. We welcome
that move and call upon the Council to fulfil that
pledge.
Finally, allow me to move from theory to present
a part of the practical experience of the State of Qatar
in diplomatic mediation, since it includes some shining
examples of what mediation can achieve in bringing
the parties to a dispute to the negotiating table so they
can reach agreements to end their differences, or in
putting them on the track of settlement if that
mediation is fair, honest and impartial.
We highlight in this regard the efforts of His
Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of
the State of Qatar, in May of last year to bring
Lebanese parties to the dialogue table in Doha, and the
success of these mediation efforts in reaching the Doha
agreement, which was supported by the Security
Council in a presidential statement (S/PRST/2008/ 17).
That national reconciliation opened the door for the
election of a president of Lebanon, ending the state of
instability. We would like to highlight in this regard
that the Qatari mediation efforts in Lebanon were in
accordance with the decision of the Council of the
League of Arab States that established an Arab
ministerial committee to mediate an end to the political
crisis in Lebanon, which demonstrates the importance
of the role played by regional organizations in the field
of mediation, as I mentioned earlier in my statement.
Last February, another agreement was reached in
Doha as a result of mediation efforts by the
Government of the State of Qatar, i.e. the Accord of
Good Intentions and Confidence-building, signed in
Doha by the Government of National Unity of the
Sudan and their brothers, the Justice and Equality
Movement of Darfur. My country still endeavours to
complete this effort, with the participation of Mr. J ibril
Bassole, Joint Mediator of the United Nations and the
African Union. This also demonstrates what I
mentioned about the usefulness of cooperation between
the United Nations and relevant regional organizations.
The State of Qatar also made contacts to resolve
the differences between some Arab countries and the
West, and some internal Arab differences. I cannot go
into details here, but those efforts are within the scope
of the maintenance of international peace and security
through mediation to settle disputes.
The President (spoke in Spanish): I give the
floor next to the representative of Senegal.
Mr. Badji (Senegal) (spoke in French): I should
like first to congratulate you warmly, Mr. President, for
having organized this public Security Council debate
on the maintenance of international peace and security:
mediation and settlement of disputes.
I should also like, on behalf of my country,
Senegal, to say how much we admire and are grateful
to the sisterly delegation of Burkina Faso, which,
having taken the happy initiative of holding a high-
level debate on mediation and dispute settlement, has
done everything to see to it that the consideration of
this important question, which is central to the current
concerns of the international community, is given all of
the necessary attention.
The interest of all Member States in this question
should be measured against the complexity of current
conflict situations, including inter- and intra-State
conflicts, which involve massive loss of human life and
the interruption of the social, political and economic
lives of a large number of countries.
Synergy and close interaction between the United
Nations - which has the primary responsibility for the
maintenance of international peace and security - and
its partners, in particular the regional organizations,
which are a complementary instrument to United
Nations action, are necessary to prevent these human
tragedies. As has been shown by the positive
experiences we have seen throughout the world as a
result of the United Nations providing good offices,
mediators and special envoys of the Secretary-General
that have defused many crises, the effectiveness and
the benefits of mediation are clear for all to see.
Other achievements by regional organizations,
subregional organizations, civil society or simply by
people of good will also reinforce this conviction.
Clearly, many atrocities could have been avoided
and thousands of human lives saved had mediation
mechanisms been mobilized in many conflict situations
throughout the world.
The United Nations, which was created, inter
alia, to save present and succeeding generations from
the scourge of war and whose Charter makes pacific
settlement of disputes one of its main purposes, must
therefore make mediation central to its action, to make
it, if not the most important instrument for dispute
settlement, an important tool for that end.
Recent steps to strengthen United Nations
mediation capacities, including the creation of the
Mediation Support Unit of the Department of Political
Affairs and its technical teams, are certainly
encouraging, but efforts are still needed if mediation is
to play its proper role. To achieve that, the challenge
must be met of providing significant financial
resources and experienced, highly qualified human
resources.
Another challenge that should be met is that of
having women participate in mediation activities.
Women, who with children are the people most
affected by conflicts, have an important role to play in
conflict prevention and settlement. My delegation
therefore supports the initiative to involve them more
in mediation activities and very much supports the
recommendation contained in resolution 1325 (2000),
which urges the Secretary-General to appoint more
women representatives and special envoys to good
offices missions.
The report of the Secretary-General in document
S/2009/189, which we welcome, stresses the important
role of mediation organizations, particularly in a
framework of close cooperation with the United
Nations. In this respect, Chapter VIII of the Charter of
the United Nations clearly outlines the modalities for
cooperation between the Security Council and the
regional organizations. We welcome the recognition in
this report of the fact that the partnership between the
African Union and the United Nations, which goes
back to the creation of the Organization of African
Unity, is one of the most dynamic in the area of
peacekeeping.
As the Secretary-General recalled in paragraph 44
of his report dated 7 April 2008, published as
document S/2008/186** - which deals with the
relationship between the United Nations and regional
organizations, in particular the African Union, in the
maintenance of international peace and security -
"Most regional organizations are undertaking conflict
prevention activities". The African Union does not lag
behind here because its system for peace management
extends from preventive diplomacy to peacebuilding,
and includes peacekeeping.
However, the regional organizations, in particular
the African Union, must acquire the means to be more
attentive to the early signs of tension that could lead to
conflict and take the necessary steps, in close
cooperation with the United Nations, in particular the
Security Council.
By setting up the Group of Wise Men, the African
Union understood and recognized that conflicts, be
they latent or overt, can be resolved only by political
means, that is to say, through negotiation. That is why
the Group of Wise Men of the African Union should be
given the greatest possible support, which would
enable it to provide well-considered advice to the
Chairmen of the African Union and if the AU
Commission, which could, on that basis, engage in
intensive preventive diplomacy activities, in particular
mediation and good offices. After all, an ounce of
prevention is better than a pound of cure.
However, for proper prevention, we must
remember - as was recalled by the Secretary-General
in his report in document S/2008/ 18, dated 14 January
2008 - that prevention is a multidimensional task
involving political decisions, humanitarian activities
and development activities, which require that
organizations work in close cooperation with the
United Nations, in particular the Security Council, the
Human Rights Council and the Economic and Social
Council and its specialized agencies.
Cooperation between the Economic and Social
Council, the Security Council and the regional
organizations is particularly necessary since growing
attention should likewise be given to peacebuilding
strategies and reconciliation. The African Union has
already taken the lead when it adopted, at the seventh
regular session of the Assembly of Heads of State and
Government in July 2006, the strategic framework for
post-conflict rebuilding and development.
Finally, mediation is a valuable tool in a world
buffeted by manifold complex crises.
Combining mediation with peacebuilding, the
United Nations could not only prevent conflicts from
escalating, but also ensure that those that are being
resolved are extinguished once and for all. Those
combined actions would at last reduce the financial and
human costs of peacekeeping and peacemaking
operations.
The President (spoke in Spanish): I now give the
floor to the representative of Kenya.
Mr. Muita (Kenya): At the outset, Sir, let me
express my appreciation to you and the entire
delegation of Mexico for organizing and presiding over
this important debate. I also wish to thank Mr. Lynn
Pascoe, Under-Secretary-General for Political Affairs,
for his statement. My delegation fully associates itself
with the statement made by the representative of Cuba
on behalf of the Non-Aligned Movement.
Kenya welcomes the report of the Secretary-
General, contained in document S/2009/l89. The
Secretary-General's report highlights the enormous
challenges that we collectively face in providing
professional mediation assistance to parties in conflict.
It also offers very useful recommendations on
strengthening the role of mediation as a cost-effective
method of resolving disputes. My delegation fully
supports his recommendations.
The special focus of today's debate on enhancing
mediation and the settlement of disputes is timely. We
recognize that the cost of such conflicts, in both human
and resource terms, has been huge and negative. In
addition, the absence of peace and security inhibits
development and creates an enormous financial burden.
Nevertheless, my delegation is encouraged by this
debate because it underscores the fact that mediation is
now receiving increased attention as an integral part of
the global conflict resolution process.
There is no denying that, over the years, the
United Nations has increasingly played an important
role in mediating inter- and intra-State conflicts.
However, we acknowledge that this increased role has
not been matched with the necessary resources to build
local, national and regional capacities. It is my hope
that more resources will be allocated to ensure timely
responses when problems are less complicated and the
parties involved fewer. In that way, the chances of
success would be increased tremendously. We hope
that the reinforcement of the Department of Political
Affairs, particularly through the creation of the
Mediation Support Unit, will provide the opportunity
to explore that area further.
Kenya's other area of concern is the role of
women in mediation. We recognize that women's
contribution to society is crucial and yet, more often
than not, they have little or no say in the resolution of
conflicts that severely and negatively impact on them.
It is therefore crucial that we address the structural and
institutional impediments to women's equal and full
involvement in the mediation process. My delegation
would therefore like to see more women appointed to
senior positions, both at United Nations headquarters
and in field missions. We believe that this will
contribute to spurring the efforts to integrate women's
issues into the mainstream of agenda-setting and
decision-making at all levels in the peace process. The
implementation of resolutions 1325 (2000) and 1820
(2008) will contribute greatly towards achieving that
objective.
At the regional level, Kenya has actively
participated in the mediation of conflicts and the search
for the peaceful settlement of various disputes,
particularly in the Horn of Africa, through the various
peace initiatives of the Intergovernmental Authority on
Development, as well as in the Great Lakes region, in
collaboration with the United Nations and other
development partners. The holistic approach adopted
under the International Conference on the Great Lakes
Region, in which problems are addressed in a broader
and coordinated manner, is a unique example that may
benefit other regions.
In conclusion, it is the considered view of my
delegation that, as the very successful mediation efforts
in my own country last year would tend to indicate, the
international community should not wait for a painful
stalemate to develop before offering mediation.
Otherwise, we may lose the opportunity to resolve the
conflict at an early stage. The United Nations
peacekeeping budget is enormous, and there is no
doubt that it would be greatly reduced if more
resources were expended in pre-emptive mediation and
the settlement of disputes mechanisms.
The President (spoke in Spanish): I now give the
floor to the representative of Pakistan.
Mr. Haroon (Pakistan): May I congratulate you,
Sir, on assuming the presidency of the Security
Council. The Pakistan delegation welcomes the holding
of this open debate. I am sure that, under your able
guidance, this discussion will be productive and will
contribute to our collective efforts to enhance the
effectiveness of the United Nations in one of its central
objectives - conflict prevention and the pacific
settlement of disputes.
Through the framework and vast spectrum of
modalities envisaged in Chapter VI and other
provisions of the Charter, the United Nations organs,
acting in balance and harmony, can play an important
role in preventing disputes from arising between
parties, in preventing existing disputes from escalating
into conflicts, and in containing and resolving conflicts
when they occur. The Security Council, in particular,
has to make a wider and effective use of the procedures
and means for the pacific settlement of disputes,
particularly Articles 33 to 38 of the Charter. Indeed, it
is that aspect of our work at the United Nations that
transforms into action the commitment that we the
people made in the Preamble of the Charter to save
succeeding generations from the scourge of war. In the
maintenance of international peace and security, that is
what operationalizes the purposes and principles of the
United Nations, beginning with Article 1 of the
Charter, which, as a matter of fact, encapsulates well
our deliberations today.
Over the years, Pakistan has followed with great
interest and attachment the discussions in the United
Nations and the Security Council on the topic of the
pacific settlement of disputes. Under its presidency of
the Security Council in May 2003, Pakistan organized
a debate on the role of the Security Council in the
pacific settlement of disputes. In the presidential
statement dated 13 May 2003 (S/PRST/2003/5),
adopted in that debate, the Security Council, inter alia,
underscored that the efforts to strengthen the process of
the peaceful settlement of disputes should be continued
and made more effective. The special focus on
mediation, under the presidency of Burkina Faso last
September and with the adoption of S/PRST/2008/36,
was an important sequel to the consideration by the
Council of the pacific settlement of disputes agenda.
Let me thank the Secretary-General for his report
(S/2009/l89), which has merits and deserves serious
consideration. The United Nations has had some
notable successes in the areas of pacific settlement and
mediation, including with the support of regional
organizations and other partners, particularly in Africa.
The emphasis placed in the Secretary-General's report
on early engagement and on processes addressing the
root causes of conflicts is, in our view, one of the key
lessons learned from past engagements. It should be
accorded due priority in ongoing and future work,
strengthening and making full use of the comparative
advantages of regional, national and local capacities,
for mediation, conflict prevention, reconciliation and
dialogue are essential parts of the wider effort. In our
own region, the jirgas, panchayats and other traditional
mechanisms are considered useful and time-tested tools
for mediation, conciliation and arbitration at the local
level.
As pointed out in the report, the need for
professional mediation assistance is evident. One
cannot agree more on the imperative of system-wide
capacity-building, leadership and specialization in that
field. Maintaining a pool of mediation experts and
facilitating their deployment, when required, are
recommendations of a practical nature. The
establishment of the Mediation Support Unit and the
standby team of experts is a welcome step. The
requirement of further resources for Secretariat
capacity may also be considered.
While many of the recommendations in the report
of the Secretary-General are focused on capacity-
building and resources, important as they may be, I
would like to underline that the effectiveness of
mediation and other means of pacific settlement are
more a function of factors that are largely political in
nature. We may not be able to put the enhanced
capacity to any use if, for example, we are not able to
generate the necessary political will among the general
membership, the members of the Security Council and,
in particular, the parties to disputes to accept mediation
or other means of pacific settlement and then
demonstrate the commitment in good faith to following
through with their obligations.
Two of the long-standing situations on the agenda
of the Security Council need to be mentioned here. One
is Palestine and the other Jammu and Kashmir, which
are in ways the victims of such circumstances. It is
manifest that those disputes are such that their
continuance endangers the maintenance of
international peace, security and harmony.
On Palestine, the Security Council has been
unable to implement its own resolutions, which has
been a severe blow to its credibility. As the Council
considered this question yesterday, it was evident that a
renewed, serious and concerted effort was required to
put the peace process back on track and to rebuild the
confidence shattered by the recurrent resort to the use
of force.
Closer to home, the Council need not be
reminded that one of the earliest applications of
Chapter VI of the Charter was in the Jammu and
Kashmir dispute between India and Pakistan after it
had been referred to the Security Council. Several
Security Council resolutions, accepted by both India
and Pakistan, provided that the final disposition of the
state of Jammu and Kashmir would be made in
accordance with the will of the people, expressed
through the democratic method of a free and impartial
plebiscite conducted under the auspices of the United
Nations. The Security Council also instituted several
mechanisms, including the United Nations Commission
for India and Pakistan, the deployment of the United
Nations Military Observer Group in India and Pakistan,
and the appointment of United Nations representatives
who consulted the parties and submitted reports on
how to resolve the dispute in accordance with the
provisions of the Security Council resolutions. Those
resolutions remain unimplemented to date. And hopes
pinned on bilateral dialogue have not been fulfilled
either. However, Pakistan remains steadfast in seeking
a just and peaceful resolution to the core issue of
Jammu and Kashmir in accordance with the relevant
United Nations resolutions. We hope that India will
agree to the resumption of the composite dialogue
process between our two countries. We hope that the
international community, particularly the Security
Council and the Secretary-General, will support this
objective of durable peace and progress in our region.
In order to have a holistic view, the Security Council
should review the extent to which provisions of
Chapter VI have been utilized and implemented.
Needless to say, we cannot fully succeed in our efforts
to strengthen the conflict prevention and pacific
settlement dimensions if the Security Council is not
able to preserve and reinforce the central obligation of
Member States under the Charter to refrain from the
threat of the use of force.
Without repetition, I would like to endorse the
position of the Non-Aligned Movement, especially
with respect to the use of force, sanctions and
enforcement measures. Furthermore, the injudicious
use of Chapter VII creates the wrong impression that
non-Chapter VII resolutions are somehow not equally
binding. That, in our View, has damaged efforts for
pacific settlement under Chapter VI. Experience has
shown that Chapter VII measures are not always ideal
and may further worsen and complicate disputes. On
the other hand, Chapter VI measures seek to resolve
disputes in a manner that is harmonious and cost-
effective. That builds confidence and fosters respect
for the sovereignty of Member States, leading to long-
term and sustainable solutions.
Member States therefore need to invest more in
mechanisms for pacific settlement, promoting and
preserving peace, based at all times on the principles of
justice and international law.
The President (spoke in Spanish): I now call on
the representative of Indonesia.
Mr. Natalegawa (Indonesia): At the outset, I
wish to commend you, Mr. President, for organizing
today's important debate. I am sure that this meeting,
under your able guidance, will be fruitful. This
important subject continues to deserve our serious
attention.
Mediation is built upon a culture of dialogue, an
essential ingredient in growing the culture of peace. It
is anchored in emphatic listening and mutual
communication, rather than in deafening silence and
lingering prejudice. It is also inclusive, incorporating
the views of all parties for a comprehensive approach
to a conflict.
In reality, hostile parties often have a hard time
talking to each other, let alone making peace.
Therefore, the call for a mediator can undoubtedly
become urgent. The confidence placed by the
disputants in the mediator is of primary importance,
and thus the selection of an appropriate mediator is
crucial.
A successful mediation often begins in the
absence of ceremonial episodes and formal procedure.
Informality is often key to the building of confidence
among parties and promotes a more candid approach.
This can yield the most suitable solution possible,
given the reality of the constraints experienced by the
parties. The core process of mediation often needs to
be away from the spotlight of the media. In short, time,
trust and knowledge, as well as adequate logistical
backup, are critical if a mediator is to be successful.
The United Nations has been one of the largest
generators of mediation initiatives. We commend the
actions undertaken by the Secretary-General in
establishing a Mediation Support Unit within a short
period of time and with strong support from Member
States. The Unit has become a practical tool for
supporting the good offices and mediation efforts of
the United Nations and regional organizations.
Thus, Indonesia welcomes the recommendation
that the Organization and Member States build local,
national and regional capacity for mediation. That is
why we attach great importance to a more strategic
discussion on the establishment of a clearer framework
within which the Secretary-General can assist them.
Regional organizations can play a meaningful and
effective role in mediation. It is paramount, then, that
the United Nations and regional organizations team up
in mediation efforts. While the United Nations has the
requisite resources and experience, a regional
organization carries with it local content and has an
equal chance for success in mediation. The African
Union, the Organization of American States and the
European Union, to name just a few, are notable
mediators.
In South-East Asia, Indonesia, for its part, has
worked together with the rest of the Association of
Southeast Asian Nations (ASEAN) family to establish
a Charter that will serve as the legal and institutional
framework for ASEAN. In the Charter, ASEAN sets
out the fundamental principle of reliance on the
peaceful settlement of disputes. ASEAN member States
will endeavour to peacefully resolve all disputes in a
timely manner through dialogue, consultation and
negotiation. At the same time, the ASEAN Charter also
provides that ASEAN member States that are parties to
a dispute may at any time agree to resort to good
offices, conciliation or mediation. It clearly stresses the
importance of mediation as one of the preferable
modes of peaceful dispute settlement.
Indonesia is not only committed to mediation, but
is also a passionate advocate of mediation, for we too
have reaped the benefits of successful mediation in
resolving conflict situations within our own borders.
Others in our region and beyond have shown interest in
drawing upon those experiences.
As a final point, I should like to say that our
experiences have taught us one important lesson:
mediation does work. Mediation support efforts should
be responsive to the demands of fast-moving peace
processes. Therefore, our need for that peaceful means
will remain in the future. Indonesia welcomes efforts to
further explore ways and means to reinforce the
Council's contributions to the promotion of mediation
as an important and cost-effective means of dispute
settlement.
The President (spoke in Spanish): I now call on
the representative of Azerbaij an.
Mr. Mehdiyev (Azerbaijan): At the outset, I
would like to thank you, Mr. President, for convening
this meeting and the Secretary-General for his report
on enhancing mediation and its support activities
(S/2009/189), which makes a useful contribution to
addressing the challenges faced in providing mediation
assistance.
A number of mediation efforts have been
successfully undertaken. They have helped to reduce
tensions and ensured that peace processes moved
forward. Both the United Nations and regional
organizations and arrangements play an important role
in helping to mediate conflicts.
At the same time, despite the relevant binding
provisions set forth in the United Nations Charter, we
continue to face inconsistent behaviour that
undermines the basic elements of the international
legal order, threatens the integrity and stability of
States and leads to grave violations of human rights
and international humanitarian law.
The ongoing armed conflict between Armenia and
Azerbaijan has resulted in the occupation of almost one
fifth of the territory of Azerbaijan and has made
approximately one out of every eight persons in the
country an internally displaced person or refugee.
Although the mediation efforts that have already been
carried out for quite a long period of time within the
framework of the Organization for Security and
Cooperation in Europe have not always been consistent
and have yet to yield results, Azerbaijan continues to
be committed to resolving the conflict by political
means and in a constructive manner. The conflict can
be solved only on the basis of respect for the
sovereignty, territorial integrity and inviolability of the
internationally recognized borders of Azerbaijan.
In order to ensure the success of the settlement
process and mediation efforts, the factor of military
occupation must be removed from the conflict
settlement context and Armenia must completely
withdraw from all occupied territories of Azerbaijan.
Delaying the return of the territories could complicate
the already difficult settlement process. Following the
liberation of the occupied territories, internally
displaced persons should return in safety and dignity to
their places of origin in the Nagorny Karabakh region
of Azerbaijan and adjacent districts. Upon the release
of the territories of Azerbaijan from occupation, the
rehabilitation and economic development of the region
shall take place and all communication technologies
there shall be made available for mutual use.
The aforementioned understanding, reflected also
in General Assembly resolution 62/243 of 14 March
2008, is an expression of the constructive compromise
that Azerbaijan is ready to make within the framework
of international law and with a view to achieving
lasting peace, stability and cooperation. It is obvious at
the same time that the success of the settlement process
will depend on a constructive approach on the part of
both sides, as well as on the active contribution of the
international community and mediators.
However, it is very difficult to hope for a
substantial breakthrough on the basis of the position
that Armenia persists in holding. It is more than clear
that Armenia is seeking to achieve a transfer of
sovereignty over Azerbaijani territories that it seized
through military force and in which it carried out
ethnic cleansing. It is precisely for the purpose of
annexation that Armenia wants to retain control over
Nagorny Karabakh and some other occupied districts
of Azerbaijan, prevent the displaced Azerbaijani
population from returning to their homes and thus
exclude equal consideration of the opinions of both
communities.
Armenia openly disregards the relevant
resolutions of the Security Council and General
Assembly, refuses to recognize the territorial integrity
of Azerbaijan, is building up its military presence in
the occupied territories of Azerbaijan, and is thus
clearly demonstrating its annexationist intentions. The
approach of Armenia is unconstructive and unrealistic;
it cannot serve as a sound basis for resolving the
conflict and has led to the further prolongation of the
settlement process.
While committed to the peaceful settlement of the
conflict, Azerbaijan will never compromise its
territorial integrity.
Mediation is a diverse and complex process that
is influenced by the specific conditions brought by the
parties involved into the conflict management system.
Success depends on a number of critical factors, among
them the need to ensure that the behavioural
parameters of mediators are based on the normative
standards set by the Charter of the United Nations and
international law and on the objective of the
comprehensive settlement of conflicts. Therefore, the
resolution of outstanding conflicts requires the joint
and committed efforts of the international community
as a whole. An ambiguous approach inevitably serves
to generate mutual suspicion and mistrust and to
reinforce perceptions of the centrality of military
strength; as a result, it contributes to further escalation
and destabilization, with unpredictable consequences.
There can be no justification for attempts to make
participation in peace processes conditional on
demands for immunity from responsibility. In that
sense, the Security Council has an important role to
play in all stages of the conflict. It should be better
understood that acting in contravention of international
law, undermining the sovereignty and territorial
integrity of States and ignoring Security Council
resolutions that explicitly condemn such behaviour
may be hazardous and seen as shifting gears towards a
more determinative decision.
Furthermore, it is clear that there can be no long-
term and sustainable peace without justice. Therefore,
ending impunity is essential to enhancing not only
State responsibility and individual criminal liability for
serious international crimes, but also peace, truth,
reconciliation and the rights of victims.
The President (spoke in Spanish): I now give the
floor to the representative of Armenia.
Mr. Martirosyan (Armenia): The Azerbaijani
statement came as no surprise to my delegation.
However, I will not engage in long polemics with the
representative of our neighbouring State. The situation
prevailing today was created by Azerbaijan, which two
decades ago attempted to resolve the Nagorny
Karabakh conflict by military force, obviously with
unexpected consequences for itself. My delegation has
had a number of opportunities in the past to provide
conclusive information on the Nagorny Karabakh
problem, and we do not think it would be appropriate
to repeat our arguments here once again. However, I
deem it necessary to reiterate that the Armenian side
strongly believes that the fundamental resolution of the
problem must be achieved on the basis of a
comprehensive political settlement, taking into account
the right of people to self-determination and a security
guarantee for the people and population of Nagorny
Karabakh.
I join my colleagues in thanking the Secretary-
General for providing us with his in-depth analysis of
the international mediation practices of the United
Nations. I would also like to thank Under-Secretary-
General Lynn Pascoe for his concise and thorough
presentation of the report (S/2009/l89), which deals
with an issue with which he is very familiar from his
personal professional experience in the South
Caucasus.
Despite the efforts of international community,
inter- and intra-State conflicts are still threatening
peace and security in different parts of the world. The
United Nations Charter requires Member States to
settle their disputes by peaceful means. There is no
doubt that, among the various instruments the Charter
offers to that end, mediation has proven to be the most
promising one.
Undoubtedly, the success of any mediation is
critically dependent on the selection of mediators,
mechanisms for bringing the positions of the
conflicting parties into alignment, and instruments to
implement the agreed decisions.
Without questioning the importance of the United
Nations in that regard, I concur with those of my
colleagues who have stressed the key role of regional
organizations as the most appropriate mediators.
Shortly after the creation of the United Nations,
international developments led to the formation of
various regional initiatives and organizations. It
became obvious that the international community
needed a number of organizations to address the
challenges arising in different regions. These
organizations have been extremely instrumental in
handling regional problems and mediating the
settlement of disputes.
Among them, the largest regional security
organization in the world - the Organization for
Security and Cooperation in Europe - holds a special
place. It operates on the basis of the fundamental
principle of consensus, which distinguishes favourably
it from other international forums. We strongly believe
that only consensus among the concerned parties can
lead to a genuine compromise and guarantee a lasting
and durable solution to disputes. We maintain that only
after that regional organization has brokered a political
settlement through its mandated representatives should
the United Nations, with its well-established
mechanisms, resources and expertise, lead the
implementation process to ensure the successful
fulfilment of the agreements reached.
If that does not occur, one should not be surprised
when attempts to impose conflict settlement formulas
from the existing negotiation format through decisions
taken by a simple majority of votes not only prove
ineffective, but may jeopardize a fragile peace and
ongoing talks.
The next important issue to which I would like to
call the Council's attention is confidence-building
policies and the essential role that mediators can play
in this regard. It is widely recognized that, regardless
of the format and mechanisms of international
mediation, agreements reached hardly have a chance to
be successfully implemented without a proper level of
trust and confidence among the conflicting parties.
Regrettably, despite its importance, this issue does not
receive due attention in the report.
In conclusion, the Armenian delegation expresses
its appreciation to the Mexican presidency for
organizing this open debate. It gave us an opportunity
to present our views on the important issue of
mediation and settlement of disputes, and we hope that
our positions will be duly considered on relevant
occasions.
The President (spoke in Spanish): I now give the
floor to the representative of United Republic of
Tanzania.
Mr. Mahiga (United Republic of Tanzania): At
the outset, Sir, I would like to congratulate you on your
assumption of the presidency of the Council for this
month of April. I also thank you for organizing this
meeting on such an important and vital subject. We
thank the Secretary-General for his report
(S/2009/ 189), which has given us a thorough analysis
of the importance of mediation activities. We recognize
that the report was requested by the Security Council
last September, a fact that underscores the importance
the Council is placing on mediation in its overall
responsibility for maintaining international peace and
security in the continuum of prevention, peacemaking,
peacekeeping and peacebuilding.
We commend the efforts of the Secretary-General
in establishing the Mediation Support Unit and urge
continued support to it by the Council and all other
Member States, in terms of both financial and human
resources. It is also important that the work of the Unit
continue to be coordinated within the Department of
Political Affairs to ensure coherence and coordination.
We also call upon the involvement of more women to
support mediation work in the Secretariat and the field,
pursuant to resolutions 1325 (2000) and 1820 (2008).
The role of mediation in the overall architecture
of international peace and security is now getting the
attention it deserves in relation to other aspects of the
equation, especially peacekeeping and humanitarian
response. Of course, more needs to be done by
focusing appropriate attention on the three distinct but
related areas of mediation.
Mediation has a crucial role to play in preventing
the outbreak of conflicts through the timely defusing of
simmering tensions, as indicated by early warning
systems, if they are in place. Mediation must therefore
be linked with early warning mechanisms at all levels:
national, regional and international.
The second area of mediation is in securing the
cessation of hostilities and negotiating ceasefires and
peace agreements. This role has been the most
prevalent and has been closely related to the work of
the Security Council, as it entails the eventual
deployment of peacekeeping missions. Experience has
shown that this stage demands coordinated action
between the Security Council, the good offices of the
Secretary-General and regional and local actors. The
framework for this coordinated action needs to be
strengthened through political action and capacity-
building.
Mediation should also follow through on the
implementation of peace agreements. Several peace
agreements have faltered before being implemented or
have stalled and fallen apart halfway through the
implementation stage. Mediators with different
abilities and sometimes in different combinations have
to intervene to shore up peace processes and put them
back on track. The Security Council has to be actively
engaged and must provide its needed leadership and
political leverage to rescue and resuscitate peace
processes where such faltering is taking place.
In the Democratic Republic of the Congo, for
example, there has been a new peace agreement
between the Government and the Congres national
pour la defense du people. In Darfur, there is a need to
negotiate a new peace agreement. We have witnessed
several peace agreements in several situations within
ongoing peace processes where the Security Council
has already deployed peacekeeping mission. Mediators
with different skills and backgrounds may be needed to
continue negotiating as the need arises within a single
peace process where several peace agreements may be
needed, involving different mediators.
The third area is related to mediators in situations
where they are acting as reserves or facilitators
in the process of peacebuilding, as in Burundi
currently. This takes the form of efforts to create
favourable environments for reconciliation, political
accommodation and related tasks to prevent post-
conflict situations from relapsing into conflict.
These are all different variations of mediation
tasks, which the Secretariat and the Security Council
need to develop and put into the form of workable
tools within the United Nations and in partnership with
regional organizations.
Tanzania has, over the years, built experience in
mediation and peace facilitation in East and Central
Africa. We have seen gaps that need to be filled by
strengthening institutional links between the Security
Council and regional and subregional institutions in
conflict resolution. The work of the Council would be
greatly improved and strengthened if the United
Nations were to invest more in political partnerships
with regional organizations, such as the African Union,
which are equipped to face the political challenges and
opportunities and which need to be supported by the
Council and the Secretary-General.
The President (spoke in Spanish): I now give the
floor to the representative of Benin.
Mr. Zinsou (Benin) (spoke in French): My
delegation congratulates you sincerely, Sir, on your
assumption of the presidency of the Security Council.
We also express our appreciation to the representative
of the Libyan Arab Jamahiriya, who did a
commendable job this past month as President.
There is no doubt that mediation is a powerful
instrument for the positive transformation of relations
between the parties to a dispute, and one that makes it
possible to avoid the escalation of armed violence.
Burkina Faso, which is making an outstanding
contribution to mediation in Africa, has quite rightly
made the promotion of mediation a priority during its
term on the Security Council.
Today's debate is of particular interest to Benin,
since we have made dialogue the cement that
reinforces, day after day, the building of our young
democracy, which came into being at the memorable
national conference of February 1990. That exceptional
forum dedicated to national reconciliation was made
possible thanks to the masterful mediation of the local
Catholic Church.
Governments of Benin since 1991 have striven to
maintain special channels of cooperation within and
between national democratic institutions and among
social partners to avoid or contain tensions that could
escalate.
In recent years, the political landscape in Benin
has been enriched by two new national institutions.
The Presidential Mediation Body, which is associated
with the presidency of the Republic, is responsible for
settling disputes between citizens and the
administration at the national and local levels. The
High Council on Cooperative Governance seeks
consensus-based solutions to challenges confronting
the country. Its purpose is to consolidate the direction
of the nation's governance in an environment of peace
and concord in order to perpetuate the legacy of the
national conference of February 1990 by managing
public affairs in a participatory manner.
At the subregional level, Benin participates in
efforts undertaken in the framework of the African
Peace and Security Architecture, which includes
functioning mediation mechanisms. Inter alia, it has
placed its national competencies at the service of the
African Union Panel of the Wise and the Economic
Community of West African States. Two high-profile
women from Benin are members of those mediation
boards. Benin is currently presiding over the
Association of Mediators of the West African
Economic and Monetary Union, comprising French-
speaking States of the subregion.
At the global level, Benin has helped to revive
the international community's interest in mediation,
and above all in the critical role of the Security
Council in that field, by implementing resolution 1625
(2005), adopted on 14 September 2005, which includes
explicit provisions on mediation and preventive
diplomacy. We recall that the Secretary-General
submitted a very instructive report (S/2008/18) in
January 2008 on efforts made pursuant to resolution
1625 (2005). Benin welcomes the significant progress
made since then in the capacity-building of the United
Nations, and in particular of the Department of
Political Affairs, in the field of mediation support,
which is also covered by the report before us today
(S/2009/189), which is a useful complement to the
aforementioned report.
Benin welcomes the Secretary-General's proposal
to act on the United Nations commitment to developing
mediation. The importance of the Secretary-General's
report lies in particular in the fact that he highlights
lessons learned from the practice of mediation, as well
as steps taken or to be taken to meet challenges to the
efficacy of the international community's conflict
prevention efforts. My delegation feels that the stress
placed on the quality of the human resources required
is fully justified, particularly with respect to the need
to train new staff capable of meeting any challenge.
The United Nations should endorse the African
Union's 2002 appeal to all its members to develop
mechanisms for the pacific settlement of disputes. In
that respect, development assistance funds and
programmes should lend effective support to the
capacity-building efforts of national and regional
mediation institutions.
It is important effectively to promote strong
partnership based on subsidiarity and the comparative
advantages of stakeholders so that the Security Council
can exercise its primary responsibility for the
maintenance of international peace and security. It
must be able to use appropriately the instruments
available to it, including sanctions. In that way, it can
help proactively to create the conditions for the
rational and cost-effective management of uncertain
situations and crises in order to ensure post-conflict
peacebuilding if violence has unavoidably escalated.
In sum, Benin supports the Secretary-General's
recommendations on the capacity-building of regional
and subregional organizations and other agents for
mediation and conflict settlement and prevention.
Accordingly, the United Nations system should act in a
concerted and coherent manner, in particular to ensure
the structural and systematic prevention of conflicts
that will allow it resolutely to address the elimination
of the underlying causes of conflict, endogenous and
exogenous alike. The primary goal is to build a world
driven by the culture of peace and the virtues of
dialogue at the service of the stability of countries and
the promotion of universal well-being.
In conclusion, my delegation associates itself
with the presidential statement to be adopted at the end
of this meeting.
The President (spoke in Spanish): I call on the
representative of the Sudan.
Mr. Mohamad (Sudan) (spoke in Arabic): At the
outset, I should like to congratulate you, Sir, on your
assumption of the presidency of the Security Council
for this month. As a seasoned diplomat from a friendly
country, you and I speak in many of the same forums
and share many qualities and aspirations to peace,
stability and development. Your convening of today's
debate on mediation and the settlement of disputes
attests to your profound interest in the problems and
concerns of the developing countries, in particular
those in Africa. You are thereby building on the
pioneering initiative of Burkina Faso in organizing, in
September 2008, the first high-level exchange of views
on this extremely important subject under its own
presidency of the Security Council.
I hope that today's deliberations will identify an
objective, mandatory approach stressing the absolute
priority of eliminating the underlying causes and
origins of conflict through effective mediation and the
overall political settlement of disputes, strongly and
seriously supported by the Security Council and the
international community, and in particular by relevant
international and regional partners. The Security
Council will thereby be in a position to best discharge
its responsibility for maintaining international peace
and security by ensuring stability and long-term
security, pursuant to its mandate and the provisions of
paragraph 3 of Article 2, and Articles 3, 33 and 36 of
the United Nations Charter.
We support the statement delivered by the
representative of Cuba on behalf of the Non-Aligned
Movement.
The founding fathers of the United Nations were
well aware more than six decades ago that peace must
be established before it can be maintained. They were
convinced that international peace and security can be
best safeguarded through the peaceful and political
settlement of disputes. The Charter reaffirms the
United Nations key role in mediation efforts and in
peacebuilding. The role of the Security Council should
not be limited to dispatching peacekeeping missions,
which now number 18 staffed by more than 100,000
personnel. That is a heavy burden on resources,
especially in consideration of the current global
economic and financial crisis.
The Security Council must therefore work
tirelessly to promote the peaceful settlement of
disputes. Regardless of the independence, impartiality,
objectivity and expertise of mediators, all influential
parties, in particular the Security Council and the
regional and subregional organizations directly
involved with the parties to a conflict, must contribute
to the solution. It goes without saying that the
Council's adoption of neutral and impartial positions
vis-a-vis the parties to a conflict remains the keystone
to resolving conflicts.
Given their direct links to the geopolitical,
cultural and social aspects of conflicts, regional and
subregional organizations are best placed to undertake
mediation efforts, particularly since modern conflicts
among and within States are becoming increasingly
complex. The intervention of regional and subregional
organizations therefore provides added value,
particularly when they attach great importance to the
political settlement of conflicts. The Constitutive Act
of the African Union stresses the importance of the
pacific settlement of disputes and of preventing them
before they erupt. Given the United Nations cumulative
experience in this area, we reaffirm its role in
supporting regional mediation efforts, in particular by
lending technical and logistical support and required
expertise.
The political settlement of conflicts requires the
promotion and activation of the role of the United
Nations and of its competent bodies, including the
General Assembly, the Economic and Social Council
and the relevant funds and agencies, in order to build
the national capacities of States and help them reach
the Millennium Development Goals by supporting
national projects for development, reconstruction and
economic recovery, transfer of technology, and the
fight against climate change and environmental
degradation, because development remains a decisive
factor for building lasting peace.
Indeed, addressing the root causes of conflicts is
the best way to ensure lasting peace and the avoidance
of a return to war. Moreover, the promotion of the
United Nations conflict prevention capacity will
undoubtedly make it possible to make considerable
savings in the exorbitant cost of peacekeeping
operations.
In conclusion, we would like to recall something
that we have consistently reiterated in the Council on
many occasions before: the Darfur conflict in our
country could not have endured so long had the
Security Council at the very outset brought its full
weight to bear to support the political settlement
efforts, particularly because there was a strong national
will to turn the page in this conflict. That will was
shown recently in the national comprehensive
integrated plan adopted through decisions and
recommendations of the Sudan People's Forum. That
initiative laid the foundation for international and
regional efforts to bring about an immediate,
comprehensive and just peace in Darfur. We stress in
particular the promising efforts of the African-Arab
initiative led by the State of Qatar in coordination and
cooperation with the Joint African Union-United
Nations Chief Mediator, Djibril Bassole.
Furthermore, armed movements that have
continued to boycott the peace process would not have
been able to continue to reject the peace option if the
Security Council had carried out its role by sending the
right messages to the leaders of those movements.
Those movements would not have stayed away from
the peace process were it not for the attitude of certain
influential Powers which had sent them the wrong
message by closing their eyes to their excesses and
even welcoming their leaders.
Everyone knows that the hasty, ill-considered
decision by the International Criminal Court had
negative results. The first one was the announcement
by certain armed movements that they were going to
boycott the political process. One might have hoped
that the Security Council would have protected the
political process against such risks and dangers. Thus,
we wish to reaffirm that the credibility of the Security
Council and the fact that it has chosen peace and
stability in the Sudan should impel the Council to
definitively reject all of these risky and ill-considered
ventures and to rectify the situation by exerting
pressure on the rebel movements so that a peaceful
political solution can be found, one that can give the
people of the Sudan stability and prosperity.
The President (spoke in Spanish): After
consultations among the members of the Security
Council, I have been authorized to make the following
statement on behalf of the Council:
"The Security Council recalls the statement
of its President of 23 September 2008
(S/PRST/2008/36) and takes note of the report of
26
the Secretary-General on enhancing mediation
and its support activities (S/2009/ 189), as well as
the recommendations contained therein.
"The Security Council, in accordance with
the Charter of the United Nations and as the
organ with the primary responsibility for the
maintenance of international peace and security,
underscores its intention to remain engaged in all
stages of the conflict cycle, including in support
of mediation, and expresses its readiness to
explore further ways and means to reinforce the
promotion of mediation as an important means
for the pacific settlement of disputes, wherever
possible before they evolve into violence.
"The Security Council recognizes the
importance of mediation, to be launched at the
earliest possible phases of conflicts, as well as in
the implementation phases of signed peace
agreements and underlines the need to design
mediation processes that address the root causes
of conflicts and contribute to peacebuilding, in
order to ensure sustainable peace.
"The Security Council stresses that the
principal responsibility for the peaceful
settlement of disputes rests with the parties to the
conflict and that it is only through their full
participation and genuine commitment to resolve
the conflict, including its underlying causes, that
peace can be achieved and sustained. In this
regard, the Council underlines the importance of
building national and local capacity for
mediation.
"The Security Council emphasizes the
importance of the actions undertaken by the
United Nations Secretary-General in promoting
mediation and in the pacific settlement of
disputes and welcomes the continued efforts by
the Department of Political Affairs, in particular
through the Mediation Support Unit, to respond
to emerging and existing crises. It underscores
that mediation support efforts should be
responsive to the demands of fast-moving peace
processes.
"The Security Council recalls the important
contribution of Member States, regional and
subregional organizations, civil society and other
stakeholders to the pacific settlement of disputes.
The Council welcomes the efforts made by
regional and subregional organizations to
enhance their mediation role and appreciates the
efforts of the Secretary-General to continue to
assist them in this regard.
"The Security Council urges the Secretariat
to work with all partners to ensure the availability
of well-trained, experienced and geographically
diverse mediation experts at all levels to ensure
the timely and highest-quality support to
mediation efforts, and it urges those possessing
cadres of mediation experts to cooperate with the
Secretariat in this endeavour.
"The Security Council further requests the
Secretary-General to work in partnership with
Member States, regional and subregional
organizations and other relevant partners in a
coordinated and mutually complementary manner
when cooperating in a mediation process.
"The Security Council notes with concern
the very low numbers of women in formal roles
in mediation processes and stresses the need to
ensure that women are appropriately appointed at
decision-making levels, as high-level mediators
and within the composition of the mediators'
teams in line with resolutions 1325 (2000) and
1820 (2008). It reiterates its call to the Secretary-
General and the heads of regional and
subregional organizations to take the appropriate
measures to that end.
"The Security Council requests the
Secretary-General to keep it informed of the
action undertaken by him in promoting and
supporting mediation and pacific settlement of
disputes, ensuring coherence with the ongoing
efforts to strengthen peacebuilding and
peacekeeping."
This statement will be issued as a document of
the Security Council under the symbol S/PRST/2009/8.
I thank all delegations for participating in today's
discussion.
There are no further speakers inscribed on my
list. The Security Council has thus concluded the
present stage of its consideration of the item on its
agenda.
The meeting rose at 5.40 p.m.
▶ Cite this page
UN Project. “S/PV.6108Resumption1.” UN Project, https://un-project.org/meeting/S-PV-6108Resumption1/. Accessed .