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OO RUEHWEB

DE RUEHC #7531 2332308
ZNR UUUUU ZZH
O P 212247Z AUG 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHKI/AMEMBASSY KINSHASA PRIORITY 0000

UNCLAS STATE 087531 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KPKO PHUM PREL CG KWWMN
SUBJECT: DRAFT UN SECURITY COUNCIL RESOLUTION ON WOMEN, 
PEACE AND SECURITY 
 
¶1. Action Request:  USUN is instructed to share the draft 
resolution in paragraph 2 with the UK and French missions, 
and to report reactions to the Department.  USUN should also 
share the non-paper in paragraph 3 which lays out the 
Department,s detailed views on the responsibilities of a 
Special Representative on Women, Peace and Security. End 
request. 
 
¶2. Begin text of draft UN Security Council 1820 follow-up 
resolution: 
 
i.    Reaffirming its commitment to the continuing and full 
implementation of resolutions 1820 (2008), 1325 (2000), 1882 
(2009), 1612 (2005) and 1674 (2006) and recalling the 
Statements of its president of 31 October 2001 
S/PRST/2001/31, 31 October 2002 S/PRST/2002/32, 28 October 
2004 (S/PRST/2004/40), 27 October 2005 S/PRST/2005/52, 8 
November 2006 S/PRST/2006/42, 7 March 2007 (S/PRST/2007/5), 
and 24 October 2007 (S/PRST/2007/40), 
 
ii.   Welcoming the report of the Secretary-General of 16 
July 2009 (S/2009/362), but remaining deeply concerned over 
the lack of progress on the issue of violence against women 
and children in situations of armed conflict, and noting as 
documented in the Secretary-General,s report that sexual 
violence in conflict exists globally, 
 
iii.  Reiterating deep concern that, despite its repeated 
condemnation of violence against women and children in 
situations of armed conflict, including sexual violence in 
situations of armed conflict, and despite its calls addressed 
to all parties to armed conflict for the cessation of such 
acts with immediate effect, such acts continue to occur, and 
in some situations have become systematic or widespread, 
 
iv.   Recalling the responsibilities of States to end 
impunity and to prosecute those responsible for genocide, 
crimes against humanity, war crimes and other egregious 
crimes perpetrated against civilians, and in this regard, 
noting with concern the limited number of individuals who 
have been brought to justice by national justice systems, 
international justice mechanisms and mixed criminal courts 
and tribunals for crimes committed against women and 
children, and further noting the inclusion of a range of 
sexual violence offences in the Rome Statute of the 
International Criminal Court and the statutes of the ad hoc 
international criminal tribunals, 
 
v.    Urging all States and non-State parties to conflicts to 
comply fully with their obligations under applicable 
international law, 
 
vi.   Recognizing the need for civilian and military leaders 
to demonstrate commitment and political willingness to 
prevent sexual violence, and that inaction can send a message 
that the incidence of sexual violence in conflicts is 
tolerated, 
 
vii.  Acknowledging the importance in this regard of the 
announcement on 5 July 2009 of a &zero-tolerance policy8 
against criminal acts and misconduct in the armed forces of 
the Democratic Republic of the Congo, also acknowledging the 
&Comprehensive Strategy on Combating Sexual Violence in the 
Democratic Republic of the Congo8 released April 2009 by the 
Senior Adviser and Coordinator for Sexual Violence, further 
acknowledging that some steps have been taken by Congolese 
authorities to address the issue of impunity within the 
national security forces, including in response to the 
allegations against five high-ranking military officers, and 
noting, in particular, the urgent need to continue to address 
the ongoing sexual violence in the Democratic Republic of the 
Congo, 
 
viii. Welcoming the Council,s call in Resolution 1882 of 3 
August 2009 (S/RES/1882) to expand the Annexed list of 
parties in situations of armed conflict engaged in the 
recruitment or use of children in violation of international 
law to also include those parties to armed conflict that 
engage, in contravention of applicable international law, in 
patterns of killing and maiming of children and/or rape and 
other sexual violence against children, in situations of 
armed conflict, 
 
ix.   Having considered the report of the Secretary-General 
of 16 July 2009 (S/2009/362) and stressing that the present 
resolution does not seek to make any legal determination as 
to whether situations that are referred to in the 
Secretary-General,s report are or are not armed conflicts 
within the context of the Geneva Conventions and the 
Additional Protocols thereto, nor does it prejudge the legal 
status of the non-State parties involved in these situations, 
 
x.    Emphasizing the importance of addressing sexual 
violence issues from the outset of peace agreements, in order 
to protect vulnerable populations and promote full stability, 
in particular in the areas of pre-ceasefire humanitarian 
access and human rights agreements, ceasefires and ceasefire 
monitoring, Disarmament, Demobilization and Reintegration 
(DDR), Security Sector Reform (SSR) arrangements, justice and 
reparations, post-conflict recovery and development, 
 
xi.   Noting with concern the underrepresentation of women in 
formal peace processes, the lack of mediators with proper 
training in sexual violence, and the lack of women as Chief 
or Lead peace mediators in UN-sponsored peace talks, 
 
xii.  Welcoming the inclusion of women in peacekeeping 
operations in civil, military and police functions, and 
recognizing that women and children in conflict may feel more 
secure working with and reporting abuse to women in 
peacekeeping missions, 
 
xiii. Reiterating its primary responsibility for the 
maintenance of international peace and security and, in this 
connection, its commitment to continue to address the 
widespread impact of armed conflict on civilians, including 
with regard to conflict-related rape and other forms of 
sexual violence, 
 
¶1.    Reaffirms that sexual violence, when used or 
commissioned as a tactic of war in order to deliberately 
target civilians or as a part of a widespread or systematic 
attack against civilian populations, can significantly 
exacerbate situations of armed conflict and may impede the 
restoration of international peace and security; affirms in 
this regard that effective steps to prevent and respond to 
such acts of sexual violence can significantly contribute to 
the maintenance of international peace and security; and 
expresses its readiness to take, where necessary, appropriate 
steps to address widespread or systematic sexual violence in 
situations of armed conflict; 
 
¶2.    Reiterates its demand for the complete cessation by all 
parties to armed conflict of all acts of sexual violence 
against civilians with immediate effect; 
 
¶3.    Demands that all parties to armed conflict immediately 
take appropriate measures to protect civilians, including 
women and children, from all forms of sexual violence, 
including measures such as, inter alia, enforcing appropriate 
military disciplinary measures and upholding the principle of 
command responsibility, training troops on the categorical 
prohibition of all forms of sexual violence against 
civilians, debunking myths that fuel sexual violence and 
vetting candidates for  national armies and security forces 
for  past actions of rape and other forms of sexual violence; 
 
¶4.    Requests that the UN Secretary-General appoint a 
Special Representative on Women, Peace and Security to 
provide coherent leadership, coordination and advocacy on 
sexual violence in armed conflict at both headquarters and 
country level, promoting cooperation among all relevant 
stakeholders; 
 
¶5.    Requests that the UN Secretary-General ensure that the 
necessary support is made available to the Special 
Representative for the effective performance of his/her 
mandate, encourages all UN entities tasked with addressing 
sexual violence to provide appropriate support to the Special 
Representative, and urges States and institutions to provide 
voluntary contributions for that purpose; 
 
¶6.    Urges States to undertake comprehensive legal and 
judicial reforms, in conformity with international laws, 
without delay and with a view to bringing perpetrators of 
sexual violence in conflicts to justice and to ensuring that 
survivors are treated with dignity throughout the justice 
process and are protected and receive redress for their 
suffering; 
 
¶7.    Calls upon the Secretary-General to establish a Task 
Force of Experts, using available resources in the UN system 
and voluntary contributions and including experts in the rule 
of law, civilian and military judicial systems, mediation, 
criminal investigation, security, witness protection, fair 
trial standards, and public outreach, and recommends that the 
Team, to work with relevant UN missions in situations where 
sexual violence in conflict is occurring in coordination with 
senior mission focal points in the field to: 
 
a.    Monitor full implementation of the measures called for 
by Resolution 1820 (2008), 
b.    Work where relevant through UN missions and country 
teams situations where sexual violence in conflict is 
occurring, 
c.    Work directly with national legal and judicial 
officials and other personnel in the relevant governments, 
civilian and military justice systems, 
d.    Make recommendations to governments on broader systemic 
issues, 
e.    Help align domestic and international resources to make 
the biggest impact on the government,s ability to address 
sexual violence in armed conflict, 
f.    Assess the technical and legal capacities of 
governments facing the challenge of sexual violence in 
conflict, and the willingness of other governments to assist 
with the establishment of an appropriate legal mechanism in 
those countries, such as, for example, national justice 
systems, international justice mechanisms, internationalized 
chambers within the domestic courts to investigate and 
prosecute, under domestic and/or international law, as deemed 
appropriate to the specific circumstances of individual 
cases, acts of rape, sexual violence, and other grave 
violations of human rights in situations of armed conflict, 
and provide a report to the Secretary-General on the 
feasibility of such accountability mechanisms in the 
countries reviewed, 
g.    Identify areas of concern and develop a comprehensive 
strategy with the concerned governments on how to improve 
accountability for sexual violence in armed conflict, 
h.    Initially focus on the situation in the Democratic 
Republic of the Congo and the efforts of its Government to 
combat sexual violence in conflict, working with this 
government and as appropriate through the UN Mission in the 
Democratic Republic of the Congo (MONUC); 
 
¶8.    Encourages States and relevant UN entities, as 
appropriate, to provide assistance to build national capacity 
in the judicial and law enforcement systems; 
 
¶9.    Reiterates its intention, when adopting or renewing 
targeted sanctions in situations of armed conflict, to 
include, as appropriate, designation criteria pertaining to 
acts of rape and other forms of sexual violence; and calls 
upon all UN bodies, particularly peacekeeping operations and 
the Working Group on Children and Armed Conflict, to share 
with relevant sanctions committees and UN sanctions 
monitoring expert panels all pertinent information about 
violations involving children; 
 
¶10.   Expresses its intention to ensure that resolutions to 
establish or renew peacekeeping mandates, contain provisions, 
as appropriate, on the prevention of, and response to, sexual 
violence, with corresponding reporting requirements to the 
Council; 
 
¶11.   Expresses its recognition of the importance of 
enhancing the role of women in decision making and 
participation towards the goal of conflict resolution and 
peacebuilding, as well as increasing the level of female 
participation in law enforcement; and requesting that member 
states and regional organizations take measures to increase, 
where applicable, female representation in decision making 
processes; 
 
¶12.   Urges Member States and regional organizations to take 
measures to increase, where applicable, female representation 
in decision-making processes with regard to conflict 
resolution and peacebuilding; 
 
¶13.   Urges that issues of sexual violence be included in all 
UN-sponsored peace negotiation agendas regarding conflicts in 
which such systematic violence has been reported, and also 
urges inclusion of sexual violence issues from the outset of 
peace agreements in such situations, in particular in the 
areas of pre-ceasefires, humanitarian access and human rights 
agreements, ceasefires and ceasefire monitoring, DDR and SSR 
arrangements, justice, reparations, and recovery/development; 
 
¶14.   Encourages Member States to deploy female military and 
police personnel to UN peacekeeping operations, and to 
provide them with adequate training to carry out their 
responsibilities; 
 
¶15.   Requests the Secretary-General to continue and 
strengthen efforts to implement the policy of zero tolerance 
of sexual exploitation and abuse in United Nations 
peacekeeping operations; and urges troop and police 
contributing countries to take appropriate preventative 
action, including pre-deployment and in-theater awareness 
training, and other action to ensure full accountability in 
cases of such conduct involving their personnel; 
 
¶16.   Requests that the Secretary-General direct all relevant 
United Nations entities to take specific measures, within 
existing resources, to ensure systematic mainstreaming of 
gender issues within their respective institutions, including 
by ensuring allocation of adequate financial and human 
resources within all relevant offices and departments and on 
the ground as well as to strengthen, within their respective 
mandates, their cooperation and coordination when addressing 
the issue of sexual violence in armed conflict; 
 
¶17.   Encourages the entities comprising UN Action Against 
Sexual Violence in Conflict to continue and enhance 
cooperation and information sharing among all relevant 
stakeholders in order to reinforce coordination and avoid 
overlap at the headquarters and country levels and improve 
system-wide response; 
 
¶18.   Urges relevant Special Representatives and Emergency 
Relief Coordinators of the Secretary-General to work with 
Member States to develop joint Government-United Nations 
Comprehensive Strategies to Combat Sexual Violence, in 
consultation with all relevant stakeholders, and to regularly 
provide updates on this in their standard reporting to 
Headquarters; 
 
¶19.   Requests that the Secretary-General ensure more 
systematic reporting on incidents of sexual violence to the 
Council in all relevant reports, and encourages the Special 
Representatives of the Secretary-General, the Emergency 
Relief Coordinator, the High Commissioner for Human Rights, 
the Special Rapporteur on Violence against Women, and the 
Chairperson(s) of UN Action to provide in coordination with 
the aforementioned Special Representative on Women, Peace and 
Security, additional briefings and documentation on sexual 
violence to the Council; 
 
¶20.   Requests the Secretary-General to include, where 
appropriate, in his regular reports on individual 
peacekeeping operations, information on steps taken to 
implement measures to protect civilians, particularly women 
and children, against sexual violence; 
 
¶21.   Requests that the Secretary-General continue to submit 
annual reports to the Council on the implementation of 
Resolution 1820 (2008) and to submit his next report by 
September of 2010 on the implementation of this resolution 
and Resolution 1820 (2008) to include, inter alia: 
 
      a.    a detailed coordination and strategy plan on the 
timely and ethical collection of information, 
 
      b.    updates on efforts by UN Mission focal points on 
sexual violence to work closely with the Resident 
Coordination/Humanitarian Coordinator (RC/HC) and the UN 
Country Team to address sexual violence, 
 
      c.    a list of parties to armed conflict that are 
credibly suspected of systematically committing acts of rape 
and other sexual violence, in situations that are on the 
Council,s agenda or that may be brought to the attention of 
the Council by the Secretary-General, in accordance with 
Article 99 of the Charter of the United Nations, which in his 
opinion may threaten the maintenance of international peace 
and security; 
 
¶22.   Decides to review the mandates of the Special 
Representative requested in OP4 and the Task Force in OP7 
within three years and as appropriate thereafter. 
 
¶23. Decides to remain actively seized of the matter. 
 
End Resolution Text. 
 
¶3. In discussions with Secretariat and other Council Members 
on the tasks and responsibilities for the Special 
Representative mandated in OP 4, USUN should share the 
following as a non-paper. 
 
Begin non-paper 
 
Special Representative on Women, Peace and Security mandate 
and responsibilities: 
 
a.    Providing leadership and enhancing visibility and 
attention to sexual violence in armed conflict 
 
i.    Acting as a high-profile advocate supporting the UN 
Secretary General, UN Action and its member agencies, raising 
awareness of sexual violence in armed conflict, and its 
causes and impact; and promoting the prevention and 
elimination of sexual violence in conflict, 
ii.   Raising awareness and promoting the systematic 
collection and ethical dissemination of information on sexual 
violence in collaboration with relevant UN entities, 
iii.  Securing political and diplomatic engagement to address 
immediate cases and emerging patterns of sexual violence and 
mobilizing action for the elimination of all forms of sexual 
violence in armed conflict situations, 
iv.   Encouraging the participation of women in peace 
negotiations and in UN peace operations, 
v.    Publicly listing parties to armed conflict that are 
responsible for acts of sexual violence, 
vi.   Making positive note of the efforts of combatant 
parties that are successfully preventing sexual- and 
gender-based violence and ensuring that there is 
accountability for any isolated instance thereof, 
b.    Enhancing Coordination 
i.    Chairing UN Action to coordinate regular 
information-sharing and timely resolution of problems arising 
in the field and headquarters, 
ii.   Consulting and sharing information with the entities in 
UN Action as well as human rights treaty bodies, to 
complement and reinforce, and avoid overlap with, the 
mandates, programs and activities of these organizations, 
iii.  Encouraging and supporting more systematic 
communication and coordination among all UN players and 
partners at country-level, 
iv.   Conducting regular country-level assessment missions to 
meet with relevant authorities, civil society, NGOs, UN 
entities and women and girls themselves to identify gaps in 
prevention, protection, response and justice, developing 
recommendations for rapidly solving ongoing problems, 
highlighting crises that call for greater action, and 
mobilizing funding to ensure swift attention to the needs of 
women and girls vulnerable to violence, 
v.    Working closely and cooperating fully with the SRSG for 
Children and Armed Conflict (CAAC) and all other relevant 
SRSGs, Special Envoys, and Human Rights Council Special 
Procedures to ensure the clear distinctions between, and 
complementarity among, their respective mandates and 
activities, 
vi.   Promoting cooperation among relevant stakeholders at 
all levels, including women and other survivors of sexual 
violence in conflict.  This includes, inter alia, formulation 
of specific recommendations in reports, regular consultations 
and exchanges with governments, partners and experts at 
national, regional and international levels, UN agencies, 
human rights mechanisms and other UN affiliates, funds 
programmed by department regional organizations, the private 
sector, women and NGOs, 
c.    Improving system-wide response at country level 
i.    Disseminating, and holding implementing agencies 
accountable to, guidelines relevant to addressing sexual 
violence: the Inter-Agency Standing Committee (IASC) 
guidelines on gender based violence interventions in 
humanitarian settings; the WHO guidelines on ethical data 
collection; the WHO guidelines for clinical management of 
rape, and the UNHCR guidelines on sexual and other forms of 
gender based violence against refugees, returnees and 
displaced persons, 
ii.   Mobilizing UN entities to respond rapidly during crises, 
iii.  Actively supporting the country-level SRSGs in their 
compliance with UNSCR 1820 and generating timely support and 
resources at headquarters and in capitals to address the 
weaknesses and gaps identified at the field level, 
iv.   Providing regular updates to the UN Secretary General 
and Security Council, especially following country visits, 
including assessments of challenges and progress on the 
implementation of UNSCR 1820 and any follow-up resolution, 
and overseeing preparation of special reports, policy 
analyses, and the annual report of the UN S-G on UNSCR 1820, 
d.    Promoting integrated approaches to violence against 
women in armed conflict. 
i.    Strengthening bridges among the various areas of UN 
action in peace and security, human rights, humanitarian 
affairs, and development, 
ii.   Promoting genuine participation by women in all aspects 
of peace processes, 
iii.  Providing easily-identified first points of contact of 
non-UN partners (NGOs, academics, children and youth, civil 
society) who are working on violence against women, and 
ideally with deep roots and trust among survivors and their 
vulnerable communities, 
iv.   Promoting current best practices used by UN and non-UN 
partners which may be replicated in similar situations. 
 
End non-paper. 
CLINTON