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HRI-CORE-SWZ-2022-fr-parsed
51. The Tinkhundla Centres Review Commission was established in 1992 to design a system of democratic governance, with its mandate to focus its efforts on key aspects that could contribute to the establishment of a democratic process in Eswatini, including defining the legislative nature of a system of privileged gover...
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54. The Constitutional Drafting Commission held consultations with various stakeholders in the country to ensure that the people expressed their views on what they wished to see included in the Constitution, including the academic community, chiefdoms, civil society organizations, faith-based organizations, business an...
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55. The Kingdom of Eswatini is governed by a democratic, participatory and tinkhundla-based system, with emphasis on the devolution of the political power of the central Government to the regions administered by the Tinkhundla and on personal merit as a criterion for running for election or for appointment to public of...
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56. The term "inkhundla" (in singular) or "tinkhundla" (in plural) is a Swazi name for a constituency, consisting of one or more chiefdoms which serve as areas of appointment for elected members of the Assembly and a part of the State power of the Central Government.
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59. The political system of the tinkhundla is based on useful and acceptable modern/Western political ideas, practices and institutions such as stakeholder engagement, elections, representation, social inclusion, universal suffrage (which is at the heart of electoral democracy), electoral campaigns, and mechanisms for ...
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61. The system of governance of the Tinkhundla is based on an inclusive, collective or consultative decision-making process and on respect for the will of the people. It encourages the active participation of all citizens at all levels, in the governance of the country. The highest decision-making body is the Sibaya (o...
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62. The country is divided into four administrative regions: Hhohho, Manzini, Lubombo and Shiselweni, each of which is headed by a regional administrator appointed pursuant to article 83, paragraph 2, of the Constitution. The political framework of the local government is based on the Constitution and the decentralizat...
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66. The deputies, the tendvuna tetinkhundla (district chiefs) and the bucopho (representatives of the Council of Chiefs) are elected by the local constituencies. The process provides for the nomination of candidates at the level of chiefdoms, who then confront each other at the level of the tinkhundla.
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67. The first elections held after the entry into force of the new Constitution in 2005 were held in 2008, 2013 and 2018. In 2008, the functions of indvuna yenkhundla and bucopho became elective posts attributed by secret ballot.
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69. The election takes place by secret ballot, both at the primary and secondary levels, according to the majority voting system in a ballot that requires the person obtaining the largest number of votes to be declared a winner.
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70. The deputies appointed by the Tinkhundla make up part of the legislative power which includes the Assembly and the Senate. The Assembly has 69 members, 10 of whom are appointed by the King. The Senate consists of 30 members, 20 of whom are appointed by the King and 10 are elected by the Assembly.
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76. The executive is composed of the following ministries: (a) Office of the Prime Minister; (b) Office of the Deputy Prime Minister; (c) Ministry of Agriculture; (d) Ministry of Trade and Industry; (e) Ministry of Economic Planning and Development; (f) Ministry of Education and Training; (g) Ministry of Finance; (h) M...
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78. The judicial system of the Eswatini is based on the common law adversarial system incorporating elements of Romano-Holland law and includes higher and lower courts. There are two higher courts: the Supreme Court 15 and the High Court 16 . The Supreme Court has jurisdiction in appeal and review, while the High Court...
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79. The Labour Disputes Tribunal and the Labour Appeal Court are specialized courts established by Act No. 01 of 2000 on industrial relations (as amended). The Court is composed of a President, judges and two members or their appointed alternates.
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81. The Conciliation, Mediation and Arbitration Commission was established under the Industrial Relations Act and serves as a mechanism for the out-of-court settlement of disputes in this area. The Board's arbitrator has all the powers of redress of a labour dispute tribunal with respect to dismissals.
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82. The lower courts include the courts of appeal (classified as ordinary courts 17 , superiors 18 and principals 19 ), as well as the national courts. The courts of appeal are established by Law No. 66 of 1938 on the courts of appeal, and the magistrates are appointed by the Supreme Council of the Judiciary. The natio...
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85. The Eswatini has a mixed legal system that coexists two separate sets of legal norms. A common law system incorporating elements of Romano-Holland law was incorporated into the general law of the country by the British colonial authorities in 1907. 21 General law applies to all persons in the Eswatini territory.
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86. The system of general law was maintained after independence in 1968 and continues to be applied, as confirmed in article 252 (1) of the Constitution: " Subject to the provisions of this Constitution or any other written law, the principles and rules which, immediately before 6 September 1968 (independence day), con...
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87. The customary law of the Eswatini is based on the traditions and customs practised and transmitted from generation to generation. Article 252 (2) of the Constitution recognizes this right as applicable and, subject to the provisions of the Constitution, its principles (Swazi laws and customs) are recognized and ado...
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88. The Constitution is the supreme law of the Eswatini and if another law is incompatible with one of its provisions, the said law is deemed null and void 22 .
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91. The activities of NGOs are regulated by the Ministry of the Interior. The Government recognizes NGOs as full partners in development. Established in 1983, the NGO Coordinating Assembly is the umbrella organization.
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93. The policy also contains guidelines to enable NGOs to monitor their financial accounting and service delivery to donor organizations that require very comprehensive records to ensure that their assistance is used effectively. The country is currently considering developing a legal framework to regulate the activiti...
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97. The dualistic system in force in the country requires that international instruments be transposed into domestic law before they can be invoked in domestic courts.24 Various legislative acts have been adopted with the aim of promoting and protecting human rights, including: · The Sexual Offences and Domestic Violen...
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100. The mission of the institution is to administer justice through its various units to ensure the promotion, promotion and observance of human rights on behalf of the Government and to house the National Reporting and Monitoring Mechanism, which coordinates the implementation of the various human rights treaties.
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The Constitution confers on the higher courts the important function of maintaining the balance of powers between the other two branches of the State, and it guarantees the protection of the rights of persons set forth in the Bill of Rights, as a result of which a number of decisions defending the rights of individuals...
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102. The Commission on Human Rights and Public Administration is the national human rights institution of the country and is established by the Constitution and has a threefold mandate to promote and protect human rights, investigate allegations of human rights violations and abuse of power and perform the functions of...
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103. The Commission may take appropriate measures to redress or compensate for violations of human rights by: · Make its decisions and recommendations public; · Encourage the parties concerned to negotiate and find compromises; · Ensure that the complaint and related findings of the Commission are brought to the attent...
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104. The Commission organizes human rights trainings for police and army officers and prison officers to promote understanding of human rights among the population, and carries out awareness-raising programmes in collaboration with civil society organizations, complementing its work by participating in various activiti...
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The Election and Electoral Division Commission was established under article 90 of the Constitution and Act No. 3 of 2013 on the Election and Electoral Division Commission, which defines its mandate and composition. Its functions include monitoring voter registration, ensuring free and fair elections and verifying the ...
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The Anti-Corruption Commission is a statutory body established under the Anti-Corruption Act 2006, which mandates the Commission to prevent and eradicate corruption in order to ensure that the provision of services is not compromised by misappropriation of public funds for the promotion of human rights, and to combat c...
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107. The Trafficking and Trafficking in Persons Act 2009 establishes a task force to combat these phenomena ("the team"), composed of representatives of various Governments and law enforcement agencies, representatives of non-governmental organizations or other relevant organizations with appropriate experience, knowle...
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108. The task of the team is to coordinate the implementation of the law and to develop policies and programmes aimed at preventing and suppressing trafficking in persons (protecting, assisting victims and raising public awareness of the causes and consequences of such practices).
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110. The National Department of Child Services was established in 2016 to promote and protect the rights of the child and to coordinate child services throughout the country and to develop policies, strategies and programmes to protect the rights of the child at the national level, in accordance with regional and inter...
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111. The country has established a National Disability Unit, under the auspices of the Office of the Deputy Prime Minister, to ensure political support for the establishment of all relevant disability legislative frameworks, thereby creating an enabling environment for the integration of disability issues into all gove...
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114. The mandate of the Department of Social Welfare is set out in the 2010 National Social Development Policy. The Department provides social assistance to individuals, families and communities in order to improve their quality of life and provides technical assistance to government ministries and departments, non-gov...
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115. The Ministry of the Interior has a Department of Refugees whose mission is to protect refugees and asylum-seekers in the country, in accordance with Act No. 15 of 2017 on refugees. The protection of refugees and asylum-seekers and the provision of essential services are part of a systematic programme designed as a...
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HRI-CORE-SWZ-2022-fr-parsed
120. The National Reporting and Monitoring Mechanism is chaired by the Ministry of Justice and Constitutional Affairs, while its Vice-President is the Office of the Deputy Prime Minister and the Ministry of Foreign Affairs and International Cooperation, with a secretariat composed of 12 members from the Office of the D...
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122. The reporting process consists of a desk review of relevant laws, policies, administrative measures and reports to produce a preliminary draft report, which is then used as a reference document in the national multi-sectoral consultations to support the report. The steps taken in the preparation of reports are: pl...
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126. The Government, in collaboration with civil society organizations, continues to organize with stakeholders, including customary authorities, faith-based organizations, NGOs, key institutions and communities, consultations and awareness-raising workshops on the promotion of equality and the elimination of discrimin...
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133. The same law encourages the courts to carefully consider witness testimony in criminal proceedings and not to seek corroboration of evidence solely because the witness is the complainant in a sexual offence case 36, or a child.
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134. The Eswatini has established policies and programmes to address economic, social and geographical disparities, such as social protection programmes aimed primarily at vulnerable groups (women, children, youth, the elderly, persons with disabilities, etc.).
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135. The following is a non-exhaustive list of social protection measures implemented in Eswatini 37: · Allowances for the elderly; · Military retirement pension (uMsizi); · Vocational and industrial training for persons with disabilities; · Education grant for orphans and vulnerable children; · Free primary education;...
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136. The Government carries out various public awareness and education campaigns on the rights of different categories of vulnerable groups, including the commemoration of regional and international days, media programmes and community-based programmes launched by various stakeholders.
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139. The Government is cooperating with development partners to provide technical assistance to build the capacity of its officials and resources to ensure the implementation of policies and programmes for the promotion of human rights.
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140. The Kingdom of Eswatini is committed to ensuring that all its citizens are able to exercise their fundamental rights and freedoms through the concerted efforts of ministries (carriers of duties), the Commission on Human Rights, civil society organizations, development partners and the United Nations system.
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HSP-HA.1-RES.2-fr-parsed
3. Requests the Executive Director, taking into account the Guidelines, to provide the Executive Board with a scoping note, including costing, on the implementation of a review process of the Guidelines in a manner that allows Member States to exchange experiences and best practices;
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4. Encourages Member States to continue to engage with local authorities and other stakeholders, including representatives of civil society, with a view to promoting and refining their approaches to making cities and human settlements safer;
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5. Invites United Nations agencies, programmes and funds working in the field of urban crime prevention and urban security, including links to mobility, not limited to road safety, to share their experience in improving urban and human settlements security;
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6. Requests the Executive Director to transmit the Guidelines to the General Assembly, with a view to developing an inter-agency framework in support of the role of UN-Habitat as coordinator of sustainable urbanization issues within the United Nations system;
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7. Also requests the Executive Director to explore practical ways to monitor the use and implementation of the Guidelines, including through the allocation of voluntary financial resources, for the effective implementation of the Safer Cities Programme and partnerships with other United Nations agencies, local authorit...
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9. Requests the Executive Director, in close consultation with Member States and other relevant stakeholders, to submit a report on the implementation of the present resolution to the General Assembly at its second session.
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HSP-HA.1-RES.2-fr-parsed
1. The United Nations Guidelines for Safer Cities and Human Settlements were developed in response to Governing Council resolution 26/4 of the United Nations Human Settlements Programme (UN-Habitat) entitled "Promoting security in cities and human settlements", in which the Executive Director of UN-Habitat was requeste...
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2. The Guidelines set out the elements of cooperation and technical assistance needed to provide local authorities, in collaboration with national and subnational authorities, with a reference document that should enable them to ensure urban safety and security in the context of the implementation of the 2030 Agenda fo...
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4. The vision of the organization is to ensure cities and human settlements in which all inhabitants are safe and enjoy equal rights and opportunities, as well as fundamental rights and freedoms, and to assist local authorities, in collaboration with national and subnational authorities, to reduce and eliminate the inc...
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19. The co-production of safety and security services at the local level is a fundamental component of the urban safety and security strategy, which enhances the role of local leaders and makes people a key player, taking into account the diversity of the causes of crime and violence and the skills and responsibilities...
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46. The renewal, appropriation and management of communities, in parallel with the maintenance and maintenance of open spaces and pedestrian paths that are welcoming and accessible to all, while considering as a priority the revitalization of hazardous or abandoned spaces and the revival of neglected development plans;
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55. The institutionalization of local governance of safety and security partnerships and the participation of all — women and men, members of disadvantaged cultural and ethnic groups, minorities and other weaker social and economic groups in society — in the co-production of security for all, including through appropri...
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HSP-HA.1-RES.2-fr-parsed
56. The management of streets in real time, relevant locally, to enable an inclusive and versatile use of the city's streets, such as the establishment of Ciclovia days or bicycle lane networks, and to regulate and support the activity of small traders and street-based peddlers in order to create safe and living market...
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68. The integration of crime prevention and urban safety and security approaches as a means of building capacity prior to investment and as a means of preparing communities for large-scale infrastructure financing,
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74. The Global Network for Safer Cities, established by UN-Habitat in 2012, is a platform to promote the exchange of proven and promising practices, identify transferable elements and make that knowledge available to cities and human settlements around the world. UN-Habitat, as the United Nations focal point for sustai...
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HSP-HA.1-RES.2-fr-parsed
75. The implementation of the Guidelines will require an enabling environment and a wide range of means of implementation, including access to science and technology, innovation and increased sharing of knowledge in mutually agreed terms, as well as capacity-building and the mobilization of financial resources, taking ...
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HSP-HA.1-RES.3-fr-parsed
1. Requests the Executive Director of UN-Habitat to develop a strategy to enable the Research and Capacity-building Branch, within available resources, to coordinate and lead capacity-building as a cross-cutting function, and further requests that the draft strategy be submitted to the Executive Board for consideration...
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2. Requests the Executive Director to develop, in accordance with the strategic plan for the period 2020-2023 and within available resources, a consolidated and comprehensive approach to capacity-building in support of sustainable urban development, through inclusive consultations that take into account the needs of me...
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HSP-HA.2-RES.1-fr-parsed
1. Requests the Executive Director of UN-Habitat to continue to support Member States and relevant stakeholders in promoting a people-centred approach to smart cities consistent with the objective and principles of the Charter of the United Nations, including full respect for international law and the Universal Declara...
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2. Encourages Member States to integrate people-centred smart city concepts into the development and implementation of smart city regulations, plans and strategies in order to promote equitable access by all people to the opportunities offered by data, digital infrastructure and digital services in cities and human set...
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3. Requests the Executive Director, subject to the availability of funds, to begin the development of international guidelines for people-centred smart cities that would provide a non-binding framework for the formulation of national and local smart city regulations, plans and strategies, thereby ensuring that digital ...
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4. Also requests the Executive Director to conduct an inclusive consultation, including through the existing regional and country offices of UN-Habitat, with Member States and members of United Nations specialized agencies, national and international associations and organizations of local authorities recognized by the...
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5. Invites Member States and members of the specialized agencies of the United Nations system, as well as all relevant stakeholders, to participate in the development of the international guidelines for people-centred smart cities;
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6. Encourages the Executive Director to take advantage of technology platforms, such as the United Nations Accelerator of Urban Technological Innovations (UNITAC), in support of the development of international guidelines for people-centred smart cities;
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7. Encourages Member States and all relevant stakeholders to provide technical and financial support to the process of developing the guidelines referred to in paragraphs 3 to 6 above, taking into account national circumstances;
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8. Invites international multilateral financial institutions, regional development banks, development finance institutions and cooperation agencies to support Member States, in particular developing countries, in the implementation of people-centred smart cities approaches;
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HSP-HA.2-RES.1-fr-parsed
9. Requests the Executive Director to report to the Executive Board of UN-Habitat on the progress made in the implementation of the present resolution until the completion of the work.
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HSP-HA.2-RES.2-fr-parsed
1. Calls for the use of the remaining seven years by 2030 to lay the foundation for a transformation that meets the needs of the billion people who, according to estimates 6, are currently living in slums and informal settlements, a figure that is expected to reach three billion by 2050 7 if no action is taken;
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2. Calls for the transformation of slums and informal settlements by 2030 as part of a long-term and sustainable plan to transform neighbourhoods and cities into integrated urban settlements that can accommodate, assist and empower all residents by enabling them to have a decent standard of living, so that slums and in...
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HSP-HA.2-RES.2-fr-parsed
4. Calls upon Member States to accelerate the implementation of measures of change in slums and informal settlements and to take relevant measures in the light of the projected growth of slums, in line with the ten measures called for in paragraph 3 above, by placing the needs of slum dwellers at the forefront;
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7. Also requests the Executive Director to consult with Member States and other stakeholders on joint actions to accelerate the transformation of slums and informal settlements on a larger scale, in line with the 10 actions called for in paragraph 3 above;
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S-RES-1261(1999)-fr-parsed
1. Expresses its deep concern at the extent and severity of the damage caused to children by armed conflict and the resulting long-term consequences for sustainable peace, security and development;
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S-RES-1261(1999)-fr-parsed
3. Urges all parties concerned to comply scrupulously with their obligations under international law, in particular the Geneva Conventions of 12 August 1949, as well as their obligations under the Additional Protocols thereto of 1977 and the
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5. Welcomes and encourages the efforts of all actors at the national and international levels to develop more coherent and effective approaches to the issue of children affected by armed conflict;
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7. Urges all parties to armed conflict to ensure that the protection, well-being and rights of children are taken into account in peace negotiations and throughout the post-conflict peace-building process;
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8. Calls upon parties to armed conflict to take concrete measures in armed conflict in order to minimize the suffering inflicted on children, including the establishment of "days of tranquillity" to enable the provision of essential services, and further calls upon all parties to armed conflict to promote, implement an...
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S-RES-1261(1999)-fr-parsed
10. Urges all parties to armed conflict to take special measures to protect children, in particular the girl child, from rape and other forms of sexual and gender-based violence in situations of armed conflict, and to take into account the specific needs of the girl child throughout and after armed conflict, including ...
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S-RES-1261(1999)-fr-parsed
12. Stresses the importance of ensuring the safety and freedom of movement of United Nations and associated personnel so that they can work to mitigate the impact of armed conflict on children, and urges all parties to armed conflict to respect strictly the status of United Nations and associated personnel;
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S-RES-1261(1999)-fr-parsed
13. Urges States and all relevant United Nations bodies to intensify their efforts to end the recruitment and use of children in armed conflict in violation of international law through political and other measures, including the promotion of solutions to prevent the involvement of children in armed conflict;
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14. Recognizes the negative impact that the proliferation of arms, in particular small arms, has on the security of civilians, including refugees and other vulnerable groups, including children, and in this regard recalls resolution 1209 (1998) of 19 November 1998, in which it stressed, inter alia, the importance of al...
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S-RES-1261(1999)-fr-parsed
15. Urges States and the United Nations system to facilitate the disarmament, demobilization, rehabilitation and reintegration of children used as soldiers in violation of international law, and in particular calls upon the Special Representative of the Secretary-General for Children and Armed Conflict, UNICEF, UNHCR a...
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S-RES-1261(1999)-fr-parsed
16. Expresses its commitment to pay particular attention to the protection, well-being and rights of children when taking measures to promote peace and security, and requests the Secretary-General to include recommendations thereon in his reports;
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17. Reaffirms its readiness to address situations of armed conflict: (a) To continue to support humanitarian assistance to civilian populations in distress, taking into account the special needs of children, including the establishment and rehabilitation of medical and educational services to meet the needs of children...
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S-RES-1261(1999)-fr-parsed
18. Also reaffirms its readiness to consider taking appropriate measures whenever buildings or sites in which children are generally found are deliberately targeted in situations of armed conflict, in violation of international law;
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19. Requests the Secretary-General to ensure that personnel involved in United Nations peacemaking, peacekeeping and peacebuilding activities are adequately trained in the protection, rights and well-being of children, and urges States and relevant international and regional organizations to ensure that appropriate tra...
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20. Requests the Secretary-General to submit to the General Assembly, by 31 July 2000, a report on the implementation of the present resolution, in consultation with all relevant United Nations bodies and taking into account other relevant work;
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S-RES-1353(2001)-fr-parsed
1. Recognizes that its partnership with troop-contributing countries can be strengthened by the recognition of Member States, in particular those with the greatest capacity and capacity to do so, by providing the United Nations with personnel, assistance and services for the maintenance of international peace and secur...
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3. Stresses the importance of troop-contributing countries taking the necessary and appropriate measures to ensure that their peacekeeping personnel have the capacity to fulfil the mandates of missions, and stresses the importance of bilateral and international cooperation in this field, including in the areas of train...
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S-RES-1353(2001)-fr-parsed
6. Stresses that consultations between the Security Council, the Secretariat and troop-contributing countries should enhance the capacity of the Security Council to take timely, appropriate and effective decisions in the discharge of its responsibilities;
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7. Also stresses the need for a comprehensive approach to improve the effectiveness of peacekeeping operations from the outset of their design, including the development of contingency plans for unstable situations and the promotion of cohesive exit strategies;
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S-RES-1353(2001)-fr-parsed
1. Encourages international cooperation and support for peacekeeping training, including the establishment of regional peacekeeping training centres, and stresses the need for the Secretary-General to provide technical support to such centres;
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S-RES-1353(2001)-fr-parsed
2. Requests the Secretary-General to include information on his consultations with troop-contributing countries in his periodic reports to the General Assembly on various peacekeeping operations, and decides to take into account the views expressed in those consultations and in his meetings with troop-contributing coun...
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3. Also requests the Secretary-General to convene evaluation meetings with interested delegations, in particular troop contributors, at the appropriate stages of each peacekeeping operation, as part of his efforts to draw lessons learned that should be taken into account in the conduct and planning of ongoing and futur...
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4. Also requests the Secretary-General to take into account the operational experience of contingents in the conduct of peacekeeping operations and in the regular lessons learned from such operations when they are on the ground or after their departure;
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6. Recognizes that reconnaissance visits undertaken by troop-contributing countries to the mission area can be extremely useful in preparing for effective participation in peacekeeping operations, and encourages support for such visits;
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