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Portugal

HAS ENDORSED THE POLITICAL DECLARATION

Portugal was actively involved in the process to develop a Political Declaration on the use of explosive weapons in populated areas, and was among the first group of states to endorse the Political Declaration in Dublin in November 2022. Portugal made several written contributions to the process, welcoming the reaffirmation of current international humanitarian law (IHL) and its applicability to the use of explosive weapons in populated areas,  and suggesting the inclusion of an express reference to the obligation to not impede humanitarian access.1 In addition, Portugal suggested highlighting some of the effects that the use of wide-ranging explosive weapons has on the environment, from the point of view of the survival of the civilian population. To maintain the Declaration’s focus on the protection of civilians, it suggested that this environmental reference include a note about safeguarding of natural resources essential to human life (namely as regards soil and groundwater).2

Portugal attended the first international follow-up conference on the Political Declaration in Oslo, Norway in April 2024.

Statements and positions

At the first international follow-up conference on the Political Declaration Portugal emphasised the widespread harm caused by explosive weapons when these are used in populated areas, and acknowledged the direct and indirect effects, including on the natural environment, which in turn has harmful impact on human health. It highlighted the importance of data collection, and suggested that publishing reports of key domestic implementation measures would be a good way to identify useful policies and practices. Portugal stated that implementation was the responsibility of all states, and should be shared with civil society and other states.3   

Portugal has on several occasions spoken on explosive weapons in populated areas in multilateral forums.During the UN Security Council Open Debate on the Protection of Civilians on 25 May 2022, Portugal said it remained concerned about the disproportionate use of explosive weapons in populated areas and their impact on civilians and civilian infrastructure. It supported the ongoing process developing a Political Declaration on the subject and called for the implementation of resolution 2601 (2021), on safeguarding the right to education, and resolution 2573 (2021), on critical civilian infrastructure, among other resolutions.4 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in May 2023 Portugal said it was encouraged by positive steps taken regarding the protection of civilians, including the Political Declaration on explosive weapons in populated areas.5 At the same debate in 2024, Portugal reiterated its full support for the Political Declaration and its role in the application of the full protection of civilians as presented in the report of the Secretary-General.6 At the UN Security Council Open Debate War in Cities: Protection of Civilians in Urban Settings on 25 January 2022, Portugal welcomed the development of the Political Declaration and said it is a good example of encouraging best practices based on IHL.7 At the Meeting of the High Contracting Parties of the Convention on Certain Conventional Weapons, Portugal highlighted the Political Declaration, underlined its commitment to the Declaration and its aims, and praised Norway and Costa Rica as organisers of the first and second follow-up conferences on the implementation of the Declaration, respectively.8

Alongside its individual statements, Portugal has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), Portugal has signed onto numerous joint statements condemning the use of explosive weapons in populated areas and the harms it causes to civilians and civilian objects, as well as calling for greater IHL compliance. This includes at several UN Security Council open debates on the Protection of Civilians in Armed Conflict9 and at the General Debate of UN General Assembly First Committee10, as well as at the 2022 UN Security Council open debate on War in Cities where the EU expressed concern over the indiscriminate use of explosive weapons in populated areas, including near hospitals, schools, and universities.11 At the 2024 UN Security Council open debate on Protection of Civilians, the EU expressed that given the significant impact of the explosive weapons in populated areas its use should be restricted or avoided.12 The EU, with Portugal signing on, has also repeatedly welcomed the Political Declaration on explosive weapons in populated areas – at the 2022 Dublin Conference, the 2022 and 2023 UN General Assembly First Committee (where it highlighted the work ahead for implementing the Declaration’s commitments), and at the 2023 UN Security Council open debate on the Protection of Civilians.

Portugal also aligned with the World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’ as an EU member state in May 2016. This included the commitment “to promote and enhance the protection of civilians and civilian objects, especially in the conduct of hostilities, for instance by working to prevent civilian harm resulting from the use of wide-area explosive weapons in populated areas, and by sparing civilian infrastructure from military use in the conduct of military operations.”13

As a member of the Group of Friends on Protection of Civilians, Portugal has supported statements at the UN Security Council stressing the importance of respecting IHL and the need to enhance the protection of civilians from the effects of explosive weapons in populated areas14. In the 2024 statement, the Group called on states to make the effective protection of civilians and civilian objects a strategic priority in the planning and conduct of military operations by drawing on existing tools herein, such as the Political Declaration.15 In 2018 and 2019, Portugal joined some 50 and 71 states respectively to endorse joint statements on the use of explosive weapons in populated areas at the UN General Assembly First Committee, calling attention to the devastating and long-lasting humanitarian impact of the use of explosive weapons in populated areas and urging states to reverse the trend of high levels of civilian harm.16

  1. ‘Written Submissions to the Consultations on explosive weapons in populated areas Elements Paper’. Permanent Mission of Portugal to the United Nations 10 February 2020. https://reachingcriticalwill.org/images/documents/Disarmament-fora/ewipa/declaration/documents/written-submission-Portugal.pdf.  

  1. ‘Portugal Contribution to the Project of Political Declaration on EWIPAs’. Permanent Mission of Portugal to the United Nations. March 2020.  https://reachingcriticalwill.org/images/documents/Disarmament-fora/ewipa/declaration/documents/Portugal-March2020.pdf.  

  1. Reaching Critical Will, Notes from the first international follow-up conference on the Political Declaration in Oslo, Norway. April 2024.  

  1. United Nations Security Council. S/PV.9042. 25 May 2022. https://undocs.org/en/S/PV.9042(Resumption1)  

  1. UN Security Council (2023). ‘Security Council Open Debate on the Protection of Civilians in Armed Conflict Meeting Transcript’. https://undocs.org/en/S/PV.9327(Resumption1).  

  1. UN Security Council (2024) S/PV.9632 (Resumption 1), 21 May, p.20, https://documents.un.org/doc/undoc/pro/n24/140/54/pdf/n2414054.pdf  

  1. Acheson, R. 2022. ‘UN Security Council Debates War in Cities and the Protection of Civilians.’ Reaching Critical Will, 28 January 2022. https://www.reachingcriticalwill.org/news/latest-news/16009-un-security-council-debates-war-in-cities-and-the-protection-of-civilians 

  1. ‘79th United Nations General Assembly First Committee Cluster 4 – Conventional Weapons’ 24 October 2024. https://reachingcriticalwill.org/images/documents/Disarmament-fora/1com/1com24/statements/24Oct_Portugal.pdf  

  1. ‘EU Statement during the May 2011 Security Council Open Debate on the Protection of Civilians in Armed Conflict’. Permanent Mission of the European Union to the United Nations. 10 May 2011.  http://www.peacewomen.org/sites/default/files/eu_poc_11may2011_0.pdf; ‘EU Statement during the June 2012 Security Council Open Debate on the Protection of Civilians in Armed Conflict’. Permanent Mission of the European Union to the United Nations. 25 June 2012. http://www.peacewomen.org/security-council/security-council-open-debate-protection-civilians-armed-conflict-june-2012/; ‘EU Statement during the August 2013 UN Security Council Open Debate on the Protection of Civilians in Armed Conflict’. Permanent Mission of the European Union to the United Nations. 19 August 2013. http://www.peacewomen.org/sites/default/files/european_union_poc_august_2013_debate_0.pdf ; EU Statement – UN Security Council: Protection of Civilians.’ Permanent Mission of the European Union to the United Nations. 21 May 2024. https://www.eeas.europa.eu/delegations/un-new-york/eu-statement-%E2%80%93-un-security-council-protection-civilians_en?s=63  

  1. ‘EU Statement to the UN General Assembly 72nd Session First Committee Thematic Discussion on Conventional Weapons’. Permanent Mission of the European Union to the United Nations. 18 October 2017. https://reachingcriticalwill.org/images/documents/Disarmament-fora/1com/1com17/statements/18Oct_EU.pdf.  

  1. Acheson, R. 2022. ‘UN Security Council Debates War in Cities and the Protection of Civilians.’ Reaching Critical Will, 28 January 2022. https://www.reachingcriticalwill.org/news/latest-news/16009-un-security-council-debates-war-in-cities-and-the-protection-of-civilians.  

  1. EU Statement – UN Security Council: Protection of Civilians.’ Permanent Mission of the European Union to the United Nations. 21 May 2024. https://www.eeas.europa.eu/delegations/un-new-york/eu-statement-%E2%80%93-un-security-council-protection-civilians_en?s=63  

  1. Agenda for Humanity Archives. ‘Portugal’. https://agendaforhumanity.org/stakeholders/commitments/242.html.  

  1. United Nations Security Council. S/PV.9327. 23 May 2023. https://undocs.org/en/S/PV.9327(Resumption1)  

  1. Group of Friends on Protection of Civilians, ‘SC: Joint statement on the Protection of Civilians’, 21 May 2024. https://www.norway.no/en/missions/un/statements/security-council/sc-2024/sc-statement-on-behalf-of-the-group-of-friends-of-protection-of-civilians/  

  1. ‘UNGA73 First Committee Joint Statement on Explosive Weapons in Populated Areas (explosive weapons in populated areas)’. Permanent Mission of Ireland to the United Nations. 25 October 2018. https://reachingcriticalwill.org/images/documents/Disarmament-fora/1com/1com18/statements/25Oct_explosive weapons in populated areas.pdf; ‘UNGA74 First Committee Joint Statement on Explosive Weapons in Populated Areas’. Permanent Mission of Ireland to the United Nations. 24 October 2019. https://article36.org/wp-content/uploads/2019/10/UNGA74-joint-statement-on-explosive-weapons-in-populated-areas.pdf; ‘Seventy-one States call for Action on Impact of Explosive Weapons in Joint Statement to UN General Assembly’. International Network on Explosive Weapons. October 2019. https://www.inew.org/seventy-one-states-call-for-action-on-impact-of-explosive-weapons-in-joint-statement-to-un-general-assembly/.  

Other State Positions