Sixth Committee (Legal) — 69th session
The rule of law at the national and international levels (Agenda item 82)
- Authority: resolution 68/116
Documentation
- Reports of the Secretary-General:
A/69/181 | A/68/213/Add.1
Summary of work
Background (source: A/69/100)
This item was included in the provisional agenda of the sixty-first session of the General Assembly, in 2006, at the request of Liechtenstein and Mexico (A/61/142). The Assembly considered the item from its sixty-first to its sixty-seventh sessions 61/39, 62/70, 63/128, 64/116, 65/32, 66/102, 67/1 and 67/97).
At its sixty-eighth session, the General Assembly recalled the high-level meeting of the Assembly on the rule of law at the national and international levels held during the high-level segment of its sixty-seventh session and the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels adopted at that meeting; reiterated its request to the Secretary-General to ensure greater coordination and coherence among United Nations entities and with donors and recipients; called upon the Secretary-General and the United Nations system to systematically address, as appropriate, aspects of the rule of law in relevant activities, including the participation of women in rule of law-related activities, recognizing the importance of the rule of law to virtually all areas of United Nations engagement; and requested the Secretary-General to submit, in a timely manner, his next annual report on United Nations rule of law activities. The Assembly invited Member States to focus their comments in the upcoming Sixth Committee debate on the subtopic “Sharing States’ national practices in strengthening the rule of law through access to justice” (resolution 68/116).
Consideration at the sixty-ninth session
The Sixth Committee considered the item at its 4th, 5th, 6th, 7th, 8th and 29th meetings, on 9, 10 and 13 October and on 14 November 2014. For its consideration of the item, the Committee had before it the reports of the Secretary-General on strengthening and coordinating United Nations rule of law activities (A/68/213/Add.1 and A/69/181).
Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), the Lao People’s Democratic Republic (on behalf of the Association of Southeast Asian Nations (ASEAN)), South Africa (on behalf of the African Group), Trinidad and Tobago (on behalf of the Caribbean Community (CARICOM)), Costa Rica (on behalf of the Community of Latin American and Caribbean States (CELAC)), the European Union (also on behalf of its Member States. The candidate countries The former Yugoslav Republic of Macedonia, Montenegro and Serbia, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia aligned themselves with the statement), Finland (on behalf of the Nordic countries), Belarus, Australia, Cuba, Liechtenstein, Singapore, the Republic of Korea, Guatemala, the Democratic Republic of the Congo, Qatar, the Sudan, Libya, Lesotho, Pakistan, Colombia, New Zealand, Switzerland, the Russian Federation [in English], Poland, Japan, Malaysia, Lebanon, the United Republic of Tanzania, Nicaragua, Ukraine, Ethiopia, Viet Nam, the Philippines, Argentina, Senegal, Morocco, South Africa, Brazil, Zambia, Kyrgyzstan, Thailand, Burkina Faso, Slovenia, Nigeria, the United States of America, Peru, Estonia, Turkey, Myanmar, Algeria, Guinea, Maldives, Sri Lanka, Tonga, Indonesia, Bangladesh, the Islamic Republic of Iran, Austria, China [in English], the Syrian Arab Republic, Mexico, Eritrea, Montenegro, India, Tunisia, Zimbabwe, Mozambique, Armenia, Sierra Leone, Georgia, Malawi, Kuwait, Saudi Arabia, Madagascar and Jordan.
A statement was also made by the each of the observers for the International Committee of the Red Cross (ICRC) [in English], the Holy See and the International Development Law Organization (IDLO).
The representatives of the Russian Federation and Georgia made statements in the exercise of the right of reply.
Several delegations recalled and commended the high level meeting of the General Assembly on the rule of law at the national and international levels, held on 24 September 2012, and discussed measures undertaken to fulfill pledges made. Several delegations supported continuing examination of the practical measures and pledges needed to ensure the realization of the principles included in the Declaration on the Rule of Law at the National and International Levels adopted at the sixty-seventh session of the General Assembly.
In their general observations, many delegations affirmed the core role of the rule of law to ensure and support peace and a secure international system. They stressed the link between the rule of law and the purposes and principles of the Charter of the United Nations and the norms of international law. Delegations referred to relevant national and regional activities. While the interdependence of international and national efforts to implement the rule of law was underlined, the need to ensure respect for the rule of law within the United Nations and the importance of maintaining the balance between the principal organs of the Organization, proper functioning of the United Nations administration of justice and accountability of its personnel were also stressed. Some delegations emphasized the need to reform the Security Council in order to turn it into a democratic organ, and respect for the designated responsibilities of the principal organs of the United Nations, specifically of the General Assembly. Several delegations underlined the critical importance of national ownership in rule of law activities. A number of delegations also stressed, inter alia, the need to strengthen support to States in the domestic implementation of their respective international obligations through enhanced technical assistance and capacity-building which would avoid the imposition of pre-established models. The need for discussions on the rule of law to take into account the diversity of legal systems in the world was also underlined. The need to provide adequate financial support to the Programme of Assistance was pointed out in this connection, inter alia, by some other delegations. The view was also expressed that any modalities for addressing the rule of law must take into account the broad range of legitimate stakeholders, including United Nations components and civil society actors.
Some delegations highlighted the importance of democratic governance as a component of the rule of law; others stressed the very important role of the rule of law in post-conflict situations.
Some delegations stressed the need to avoid the use of coercive unilateral measures. Other delegations stated that selectivity and double standards in the application of law must be rejected. Delegations emphasized the role of the rule of law as an essential factor in achieving the three pillars of the United Nations, namely: the maintenance of international peace and security, sustainable economic development and the protection of international human rights. Several delegations welcomed the Secretary-General’s report on this topic (A/68/213/Add.1). Several delegations also welcomed the proposal, set out in the report, to develop a plan of action to explore and support these linkages. Some delegations were critical of this report, on both procedural and substantive grounds. They asserted that it failed to respect national ownership of rule of law measures; that it attempted to impose a uniform model and indicators of the rule of law in the absence of consensus on this concept; that the report had been composed with minimal input by Member States; and that it had set out means of achievement for certain grounds of the rule of law at the national level, but not at the international level. The lack of information regarding the mandates of United Nations structures in this field, as well as the unjustified selective emphasis on some of the principles of the Charter, were pointed out. Criticism regarding the unilateral formulation of rule of law indicators which have not been agreed upon by Member States was also expressed.
Regarding the rule of law at the international level, some delegations recognized the role of the codification and progressive development of international law, and expressed their support for the International Law Commission. Many delegations highlighted the importance of the peaceful settlement of disputes, referencing those means included in Article 33 of the Charter of the United Nations. Several delegations recognized the important role played by international courts and tribunals, including hybrid courts and arbitral institutions, in upholding the rule of law and combating impunity. Several delegations acknowledged the important work of the International Court of Justice, in particular its role in maintaining or restoring peaceful relations between parties to disputes, and called on States that had not done so to accept the compulsory jurisdiction of that Court. Some delegations also emphasized the vital role played by the International Criminal Court in the fight against impunity for serious international crimes, and stressed the key role played by the principle of complementarity. Many delegations also called on States to ratify the Rome Statute of the International Criminal Court and its amendments.
In accordance with General Assembly resolution 68/116, delegations focused their debate during this session on the sub-topic of “Sharing States’ national practices in strengthening the rule of law through access to justice”, with several delegations underlining the importance of access to justice in order to make the rule of law apply in reality. Several delegations highlighted elements that were vital to secure access to justice for all, including: the provision of effective and affordable legal aid where necessary; the improvement of judicial institutions; non-discrimination and equal protection of the law; transparency, accountability and independence of judicial institutions; fighting impunity; increasing citizens’ awareness of the laws and their rights; and ensuring access for vulnerable groups in society. Several delegations set out national and regional projects undertaken to increase and secure access to justice. A number of delegations further referenced measures addressing women’s access to justice, while other delegations emphasized that access to justice was often dependent on sufficient resources.
A number of delegations emphasized that it is vital to maintain a balance in developing the national and international dimensions of the rule of law.
Delegations thanked the Secretary-General for his annual report (A/69/181). While several delegations welcomed United Nations efforts to ensure a strategic approach to the broader rule of law work, including the role carried out by the Rule of Law Coordination and Resource Group and the Rule of Law Unit, other delegations called for the establishment of appropriate mechanisms aimed at keeping Member States abreast of the Rule of Law Unit’s work and for regular interaction between the latter and the General Assembly, stressing that relevant United Nations rule of law promotion activities should be more open and transparent, and take full consideration of the opinions of Member States. In that regard, some delegations focused on the importance of the relationship between the rule of law and sustainable development. Some delegations stated that efforts by the Rule of Law Unit to explore initiatives to enable donors, recipients and other entities involved in financing rule of law activities to work in a more collaborative and coordinated manner must be encouraged. The designation of the Department of Peacekeeping Operations and the United Nations Development Programme as the joint Global Focal Point for police, justice and corrections was welcome by several delegations.
Several delegations expressed the view that the rule of law and access to justice should be included as a separate goal in the post-2015 development agenda, while other delegations acknowledged the inclusion of access to justice for all among the targets in the Outcome Document of the Open Working Group on Sustainable Development Goals and considered that the debate concerning such an inclusion should not be reopened.
Action taken by the Sixth Committee
At the 29th meeting, on 14 November, the representative of Liechtenstein, on behalf of the Bureau, introduced a draft resolution entitled “The rule of law at the national and international levels” (A/C.6/69/L.20). At the same meeting, the Committee adopted draft resolution A/C.6/69/L.20 without a vote.
Under the terms of this draft resolution, the General Assembly would, inter alia: recall the high-level meeting of the Assembly on “The rule of law at the national and international levels” during the high-level segment of its sixty-seventh session and the Declaration adopted at that meeting; welcome the dialogue initiated by the Rule of Law Coordination and Resource Group and the Rule of Law Unit in the Executive Office of the Secretary-General with Member States on the topic ‘‘Promoting the rule of law at the international level’’; reiterate the request to the Secretary-General to ensure greater coordination and coherence among United Nations entities and with donors and recipients; call for dialogue to be enhanced among all stakeholders with a view to placing national perspectives at the centre of rule of law assistance in order to strengthen national ownership; call upon the Secretary-General and the United Nations system to systematically address, as appropriate, aspects of the rule of law in relevant activities, including the participation of women in rule of law-related activities, recognizing the importance of the rule of law to virtually all areas of United Nations engagement; recall the commitment of the Member States to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all, including legal aid, encourage further dialogue and the sharing of national practices in strengthening the rule of law through access to justice; stress the importance of promoting the sharing of national practices and of inclusive dialogue, and invite the Secretary-General to propose ways for Member States to voluntarily exchange best national practices on the rule of law. The Assembly would further decide to include the item in the provisional agenda of its seventieth session and invite Member States to focus their comments in the upcoming Sixth Committee debate on the subtopic “The role of multilateral treaty processes in promoting and advancing the rule of law”.
Subsequent action taken by the General Assembly
This agenda item will be considered at the seventieth session (2015).
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