Sixth Committee (Legal) — 72nd session

The rule of law at the national and international levels (Agenda item 84)

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Documentation

Summary of work

Background (source: A/72/100)

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 seventy-first sessions (resolutions 61/39, 62/70, 63/128, 64/116, 65/32, 66/102, 67/1, 67/97, 68/116, 69/123, 70/118 and 71/148).

At its seventy-first session, the General Assembly, inter alia, encouraged the Secretary-General and the United Nations system to accord high priority to rule of law activities and reaffirmed its commitment to the 2030 Agenda for Sustainable Development. It recognized the role of multilateral treaty processes in advancing the rule of law, reaffirmed its support for the annual treaty event organized by the Secretary-General and welcomed the organization of workshops on treaty practice by the Secretariat. The Assembly commended the Secretary-General for his review of the regulations giving effect to Article 102 of the Charter and requested him to further elaborate on these regulations by preparing a report on the registration and publication of treaties and international agreements pursuant to Article 102. The Assembly stressed the need to update the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties in the light of new developments and practices. It recalled the commitment of 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, and encouraged further dialogue and the sharing of national practices and expertise in strengthening the rule of law through access to justice, including with regard to the provision of birth registration for all, appropriate registration and documentation of refugees, migrants, asylum seekers and stateless persons, and legal aid, where appropriate, in both criminal and civil proceedings, and in that regard recognized the role of knowledge and technology, including in judicial systems, and stressed the importance of promoting the sharing of national practices and of inclusive dialogue. The Assembly invited Member States to focus their comments in the upcoming Sixth Committee debate on the subtopic “Ways and means to further disseminate international law to strengthen the rule of law”. The Assembly requested the Secretary-General to submit, in a timely manner, his next annual report on United Nations rule of law activities, in accordance with paragraph 5 of its resolution 63/128, addressing, in a balanced manner, the national and international dimensions of the rule of law (resolution 71/148).

Consideration at the seventy-second session

The Sixth Committee considered the item at its 5th, 6th, 7th, 8th and 30th meetings, on 4, 5 and 6 October and on 10 November 2017 (see A/C.6/72/SR.5, 6, 7, 8 and 30).

At the 5th meeting, on 4 October 2017, the Deputy Secretary-General introduced the report of the Secretary-General and made a statement.

Statements were made by the representatives of the Islamic Republic of Iran (on behalf of the Non-Aligned Movement (NAM)), Algeria (on behalf of the African Group), Trinidad and Tobago (on behalf of the Caribbean Community (CARICOM)), the European Union (also on behalf of its member States) (the candidate countries Turkey, the Former Yugoslav Republic of Macedonia, Montenegro, Albania, the country of the Stabilization and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia, aligned themselves with the statement), Cambodia (on behalf of the Southeast Asian Nations (ASEAN)), Australia (also on behalf of Canada and New Zealand (CANZ)), Denmark (on behalf of the Nordic countries), Austria, Liechtenstein, Israel, Switzerland, El Salvador, the Sudan, the Lao People’s Democratic Republic, the Philippines, Qatar, Singapore, Peru, India, the Syrian Arab Republic, Brunei Darussalam, Senegal, Libya, Slovenia, Guatemala, Burkina Faso, the Russian Federation, Afghanistan, Iraq, Nicaragua, Cuba [in English], South Africa, Mauritius, the Republic of Korea, Rwanda, Sri Lanka, Ghana, Lebanon, Costa Rica, Tonga, the United States, Mongolia, Thailand, Ethiopia, Uruguay, Zimbabwe, Bangladesh, Myanmar, Viet Nam, China [in English], Ukraine, Eritrea, Colombia, Indonesia, Zambia, Brazil, Argentina, Togo, Kuwait, Saudi Arabia, the Gambia, Serbia, Morocco, the United Arab Emirates, Egypt, the Bolivarian Republic of Venezuela and the Islamic Republic of Iran, Nepal, Georgia, Belarus, Azerbaijan, Tunisia, Nigeria, Kenya, Japan, Paraguay, and Mexico.

Statements were also made by the Holy See, the State of Palestine, the International Development Law Organization (IDLO), and the International Chamber of Commerce (ICC).

The representative of the Syrian Arab Republic, Qatar, the Russian Federation and Ukraine made statements in the exercise of the right of reply.

In their general observations, many delegations, inter alia, underlined the central role of the rule of law at the national and international levels to support international peace and security, in achieving socio-economic development and in fulfilling the purposes and principles of the Charter of the United Nations.

Many delegations highlighted the fundamental role of the rule of law in advancing the three pillars of the United Nations (i.e., peace and security, human rights and development) and in achieving the 2030 Agenda and the Sustainable Development Goals, in particular Goal 16. Several delegations further stressed the need to revitalize the General Assembly, strengthen the Economic and Social Council and reform the Security Council. Many delegations expressed their support for international courts and tribunals such as the International Court of Justice and the International Criminal Court. While some delegations welcomed the recent establishment of the International Impartial Independent Mechanism (IIIM) for Syria, others criticized its creation by the General Assembly.

Several delegations expressed their appreciation for the work of the Rule of Law Coordination and Resource Group and the Rule of Law Unit of the Secretariat. A number of delegations called for further reflection upon ways to make the rule of law assistance of the United Nations more effective, coherent and sustainable. Several delegations highlighted that there was no singular definition of the rule of law, underlining that different approaches must be undertaken to accommodate States’ domestic needs.

Commenting on the subtopic of the debate, “Ways and means to further disseminate international law to strengthen the rule of law”, a number of delegations highlighted their domestic activities in this regard. Delegations also commended the Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law, expressing the wish that it would continue to be funded from the regular budget.

Delegations further highlighted the efforts of the Office of Legal Affairs in the promotion of the rule of law at the national and international levels. Delegations drew particular attention to the work of the Treaty Section in the registration and publication of treaties. A number of delegations noted the Report of the Secretary-General reviewing the regulations to give effect to Article 102 of the Charter of the United Nations (A/72/86) and called for a dedicated debate on the issue.

Action taken by the Sixth Committee

At the 30th meeting, on 10 November 2017, 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.6/71/L.17). At the same meeting, the Committee adopted draft resolution A/C.6/71/L.17 without a vote.

Under the terms of this draft resolution, the General Assembly would, inter alia: recall the high-level meeting of the Assembly held during the high-level segment of its sixty-seventh session and the declaration adopted at that meeting; encourage the Secretary-General and the United Nations system to accord high priority to rule of law activities; reaffirm its commitment to working tirelessly for the full implementation of the 2030 Agenda for Sustainable Development and recall that the goals and targets are integrated and indivisible and balance the three dimensions of Sustainable Development; recall the constructive debate held on the sub-topic “Ways and means to further disseminate international law to strengthen the rule of law”  in the Sixth Committee during this session and recognize the role of multilateral treaties in advancing the rule of law; reaffirm the importance of the registration and publication of treaties under Article 102 of the Charter and recall the obligations of Member States, under that Article, to register with the Secretariat every treaty and every international agreement they enter into; welcome the efforts made to develop and enhance the United Nations electronic treaty database and recognize the importance of the legal publications prepared by the Treaty Section of the Office of Legal Affairs; call for the continuation of the dialogue initiated by the Rule of Law Coordination and Resource Group (ROLCRG) 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”; recognize the importance of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law to the furtherance of United Nations rule of law programmes and activities; reiterate its request to the Secretary-General to ensure greater coordination and coherence among the 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; recall the commitment of Member States to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all; encourage further dialogue and the sharing of national practices and expertise in strengthening the rule of law through access to justice; and invite Member States to voluntarily exchange national best practices on the rule of law in informal meetings and on an electronic depository of best practices on the United Nations rule of law website; invite Member States as well as the Secretary-General to suggest possible sub-topics for future Sixth Committee debates for inclusion in the forthcoming annual report, with a view to assisting the Sixth Committee in choosing future sub-topics.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-third session (2018).

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