Sixty-second General Assembly

Sixth Committee

14^th & 15^th Meetings (AM & PM)

AS LEGAL COMMITTEE BEGINS DEBATE ON RULE OF LAW, DELEGATES DISCUSS

DIFFERENCES IN NATIONAL, INTERNATIONAL IMPLICATIONS

 

Deputy Secretary-General Describes United Nations Role,

Reports on Plans for New Coordination and Response Group

Promoting the rule of law at the national and international levels was at the heart of the United Nations mission, the Sixth Committee (Legal) was told today by the United Nations Deputy Secretary-General, Asha-Rose Migiro, as the Committee began its debate on the issue.

She told the Committee the principle that everyone –- from the individual right up to the State itself –- was accountable to laws that were publicly promulgated, equally enforced and independently adjudicated, was a driving force behind much of the work of the world body.

Ms. Migiro said respect by States for the rule of law was crucial for maintaining peace, promoting and protecting human rights, and for sustainable development and prosperity.  To achieve the coordinated and strategic approach called for at the 2005 World Summit, the Rule of Law Coordination and Resource Group had been established under her chairmanship.  The Group consisted of eight United Nations Under-Secretaries-General leading departments engaged in rule of law activities.  It was supported by a small substantive Rule of Law Assistance Unit reporting directly to the Deputy Secretary-General’s Office.

The Unit was up and running on an interim basis, she said, and had begun to perform the core functions of coordinating the United Nations system, developing system-wide guidance and best practices, and developing partnerships with concerned governmental and non-governmental bodies.

In the Committee’s debate on the rule of law, delegates called for defining the scope of the rule of law at the national and international levels.

The representative of the Democratic Republic of the Congo said the concept of peace through law as enshrined in the League of Nations had a different character in a global world where decision makers at the national level were concerned with national law and had only a vague perception of the international.  Jurists should be invited to participate in international legal forums.

Singapore’s delegate noted that there was no universally agreed definition for the rule of law, but all understood the term embodied a number of important concepts applicable both nationally and internationally.  It set out legitimate expectations of what was acceptable conduct and what was not.  Actions were taken to enforce the law and were made public so no party could act in an arbitrary manner and be exempt, regardless of status, interests or persuasions.

The representative of India called for equal emphasis on both the national and international aspects when the Committee considered the scope of the rule of law.  But, since many delegations still had doubts and reservations, an exchange of views should be held over the scope of law at both levels, so that a common understanding was achieved.

Mexico’s representative pointed out that adherence to the international rule of law was predicated on national implementation.  He said implementation of international standards at the national level should be supported with capacity-building measures.

Jamal Benomar, Head of the Rule of Law Unit, exchanged views with delegations on an informal basis.

Also speaking today were the representatives of New Zealand (also for Canada and Australia), Portugal (for the European Union), Cuba (for the Non-Aligned Movement), Dominican Republic (for the Rio Group) and Benin (for the African Group).

Also speaking today in their national capacities were the representatives of Liechtenstein, Switzerland, China, Myanmar, Libya, Guatemala, Sudan, Viet Nam, Indonesia, Mozambique, Egypt, Bangladesh, Colombia, Cuba, Nigeria, Sierra Leone and Malaysia.

The Committee will meet again at 10 a.m. tomorrow, Friday, 26 October, when the debate on the rule of law will continue.

Background

The Sixth Committee (Legal) met this morning to take up its agenda item on the rule of law at the national and international levels.

Before the Committee is a report by the Secretary-General containing comments and information received from Governments (document A/61/121) on the item placed on the agenda last year.  The report conveys the views of Austria, Egypt, Finland, France, Germany, Kuwait, Lebanon, Libya, Liechtenstein, Mexico, Netherlands, Qatar, Sweden and United States.

An update to the report (document A/61/121/Add.1) conveys the views of Switzerland.

The Secretary-General’s interim report on the rule of law (document A/62/261) contains preliminary information on the inventory of activities related to the rule of law being carried out in the United Nations system.  The report also contains information about the preparation of the inventory, including the collection of the information to be submitted to the Assembly at its next session. 

Introduction of Item

The Chairman of the Committee, ALEXEI TULBURE ( Moldova), summarized the item placed on the agenda last year at the request of Liechtenstein and Mexico.  He said the General Assembly had asked the Secretary-General to seek the views of States on the rule of law and also to prepare an inventory of current activities in the United Nations system that dealt with the rule of law.  The magnitude of the task necessitated the report being prepared for the next session of the Assembly.  An interim report was prepared in the meantime.

Further, he said, the Assembly had recommended that the topic be considered in the form of sub-topics beginning with the Assembly’s next session.  Speakers were asked to address that aspect of the Assembly’s request.

Statements

SCOTT SHEEREN (New Zealand), speaking also on behalf of Canada and Australia, expressed support for a sub-topic based on strengthening international criminal justice at the international and national levels, particularly the so-called “residual” or “legacy” issues that arose as the international and hybrid criminal courts and tribunals completed their cases.  The broad-ranging topic of international criminal justice would benefit from the clearer focus.

In that regard, he said, he welcomed the joint paper issued in September by the tribunals of the former Yugoslavia and Rwanda, on residual functions of ad hoc tribunals to the Security Council.  It was a solid starting point for considering the issue, which also related to the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, and would be relevant to the Special Tribunal for Lebanon.  More could be done, as a priority, on the United Nations response to dealing with responsibilities that would continue beyond the conclusion of cases, which could be as early as 2009.

Further, he said, the second sub-topic he supported was technical assistance and capacity building.  The continual development and sheer volume of international law presented a challenge for many developing countries.  The delivery of United Nations rule of law technical assistance and capacity building should be strengthened and the Rule of Law Unit was a key tool.

PATRICIA GALVAO TELES (Portugal), speaking on behalf of the European Union and its associated States, said that strengthening of the rule of law was a priority for the Union.  Respect for the rule of law was a cornerstone for the peaceful coexistence of nations and an essential prerequisite for relations among States.  The Union was deeply committed to upholding and developing an international order based on international law, including human rights and the rule of law, with the United Nations at its core.  Further, it believed that international law and the rule of law were the foundations of the international system.  Adherence to the rule of law was critical to conflict prevention, to stabilization, recovery and reconstruction of fragile and conflict afflicted environments, and to sustainable long-term development.

He said the Union had consistently supported initiatives to enhance the rule of law at the United Nations.  The Union had welcomed the Secretary-General’s reports of 2002 and 2004 on “Strengthening the rule of law” and The rule of law and transitional justice in conflict and post-conflict situations.  The second report was an important milestone that considered the lessons learned in that area and reflected on the way forward.  The world summit outcome was also an important step forward, in particular its emphasis on the interconnectedness between peace and security, development and human rights.  Further, the Union welcomed several other initiatives.  For example, it believed that the item “strengthening criminal justice at the national and international levels” would be a good proposal for the continuation of the debate at the next session.  It was a sub-topic that dealt with a very important item and addressed both the national and international level.

He said that in recent years the Union had adopted several external actions under its common foreign and security policy to meet a number of objectives, such as the rule of law missions to Iraq and Georgia.  They also supported a wide range of actions to strengthen the rule of law through country and regional funding.

VILMA THOMAS (Cuba), speaking on behalf of the Non-Aligned Movement, stressed that the purposes and principles of the United Nations Charter and the principles of international law were paramount to preserving and promoting economic development and social progress, peace and security, human rights for all and the rule of law.  She remained concerned about the application of unilateral measures and stressed that they had a negative impact on the rule of international law, as well as on international relations.  At the same time, she underscored the need for United Nations Member States to fully respect the functions and powers of each principal organ of the United Nations, particularly, the General Assembly.  A balance must be maintained among those organs within their respective Charter-based functions and powers.  She reiterated her concern over the encroachment by the Security Council on the functions and powers of the General Assembly and the Economic and Social Council, through addressing issues which traditionally fell within the competence of ECOSOC.  

She considered as indispensable the balance in the development of the national and international dimensions of the rule of law.  She proposed for consideration at the sixty-third session the topic “Identification of the scope of the rule of law on the national and international level within the United Nations” in order to reach a common understanding among member States.  Further, mechanisms should be established so Member States could stay abreast of the work of the Rule Law Assistance Unit.

NAPOLEON BERAS HERNANDEZ (Dominican Republic), speaking on behalf of the Rio Group, said coordination of key actors in the field constituted a big challenge and adequate support must be devoted to the Secretariat in its rule of law activities to ensure quality control and policy coherence.  The Group was ready to participate in the consultative process for identifying gaps in the system, as mentioned in the Secretary-General’s report.

Further, he said, it was important to achieve a better understanding of the content of the rule of law at the international level and to promote its basic fundamental principles.  Consideration of the sub-topic related to observance of the rule of law should include the fulfilment in good faith of international obligations, the peaceful settlement of disputes and the subjection of international organizations to the principle of legality.  Implementation of international standards at the national level was a field where United Nations support would be extremely valuable.  Further, at the international level the sovereignty of States and the rule of law cannot be seen as contradictory concepts.   

JEAN-MARIE EHOUZOU (Benin), speaking on behalf of the African Group, said the Rule of Law Assistance Unit must be strengthened and empowered to ensure the uninterrupted execution of its important role, which included identifying areas of synergy and the facilitation of cooperation and coordination.  The rule of law was indispensable to peace and security and was of cardinal importance to African and all developing countries.

Further, he said, the Unit must be given the support to ensure it provided the necessary technical assistance that African countries needed for strengthening their legislative and judicial capacities, including the area of electoral reforms, particularly in countries emerging from conflict.  In that regard, he expressed support for the work of the Peacebuilding Commission already, adding that an effective international rule of law regime depended on workable national rule of law systems.

STEFAN BARRIGA ( Liechtenstein) said his country was deeply committed to the rule of law at the national and international levels, both with respect to its procedural and substantial aspects.  He said the United Nations was in a unique position to support the rule of law globally, and hoped that Member States’ commitment to an international order based on the rule of law and international law, as expressed in the World Summit Outcome and in the General Assembly resolution on the item, would translate into stronger action.  Despite some setbacks, the United Nations had been instrumental in bringing about progress for the rule of law, including through referral of Darfur to the International Criminal Court and strengthening rule of law elements in peacekeeping and peacebuilding.

Liechtenstein supported the establishment of the Rule of Law Coordination and Resource Group, chaired by the Deputy Secretary-General, and its mandate, he continued.  He said the Group and the Rule of Law Assistance Unit filled an important gap in the organization.  They were a crucial interlocutor for the Sixth Committee with respect to its work under the item.  Member States expected an inventory of the current activities of the United Nations system at the next session, as well as recommendations for strengthening and coordinating the activities listed in the inventory.

Noting that the rule of law was a potentially very broad topic, he said that his country favoured an approach that focused on those areas where United Nations could make a real difference and added value.  That principle was already operational today, as many parts of the United Nations system were engaged in concrete assistance and capacity-building in many countries, providing services which were otherwise not easily available.  That would be one of the main tasks for the Rule of Law Coordination and Resource Group.

THOMAS LEBEDINSKY ( Switzerland) said several topics undoubtedly deserved consideration by the Committee, such as the peaceful settlement of disputes, international criminal justice, technical assistance to ensure better respect for the rule of law, and transitional justice.  He was willing to consider all constructive proposals and wished to collaborate with all interested Member States.  He strongly supported the measures proposed by the Secretary-General to rationalize and coordinate the United Nations’ measures concerning the rule of law.  It was pleased, in particular, with the creation of the Rule of Law Coordination and Resource Group and the Rule of Law Administrative Unit.  Those bodies were now indispensable for strengthening the effectiveness of the United Nations’s general action on the rule of law.

DUAN JIELONG ( China) said that in the past two decades his country had worked actively to explore and develop a system of the rule of law that best reflected its own specific characteristics.  It had achieved remarkable progress in a number of areas.  First, establishing a basic legal system was a prerequisite for the rule of law.  In China there were 230 effective laws, including the constitution, as well as administrative laws, business and social laws, criminal laws and others.  Second, compliance with the law was fundamental to the rule of law.  Chinese legislative bodies, the Government, courts and procurators executed their respective functions in compliance with the law.  Respecting and safeguarding human rights were an essential element in the rule of law as was regulating the use of power.  Further, the impartial administration of justice was an important guarantee for the rule of law.

China also believed that the strengthening of international rule of law was in the common interests of all countries and would contribute to the maintenance of international justice and fairness as well as the promotion of peace and development, he continued.  As regards the focus of the Committee’s deliberation on the item next year, China proposed the following issues as topics:  laws and practices of Member States in implementing international treaties, and principles followed by Member States in their interpretation of international treaties and their practices in that regard.

KHIN THANDAR ( Myanmar) welcomed the establishment of the Rule of Law Unit and said the inventory of rule of law activities was a step in the right direction.  International customary law held primacy in the world’s legal system and States were obligated to ensure, within the limits of their competence, that national laws were consistent with international obligations.  The United Nations Charter was the pinnacle of modern international law, but the principles embodied in it would only be effective if all States complied with the obligations arising from it.  The rule of law at the international level should be based on strict observance of the Charter. 

ABDELRAZAQ GOUIDER ( Libya) said he supported the United Nations activities in the area of rule of law at the international level and in relation to rule of law at the national level.  Enough experience had already been amassed in the field of the two interacting to know that measures of international rule of law were implemented with respect for national sovereignty.  It was impossible to have the rule of law at the international level if it was not respected or implemented at the national level, and vice versa.  Measures towards ensuring the rule of law at the international level should be implemented only in accordance with the Charter.

ANA CRISTINA RODROGUEZ-PINEDA ( Guatemala) said it was important to implement the rule of law at both the international and national levels.  They were equal and must be implemented in the context of a complementary approach.  Her country had put in place a commission that ensured national legislation conformed to international standards, particularly with regard to groups that used violence to protect their clandestine activities in illicit financial and political ventures.

Continuing, she said her country contributed to promoting the rule of law by taking part in peacekeeping missions and becoming party to relevant United Nations instruments.  The Declaration on the Rights of Indigenous People was an important instrument for guiding the promotion of the rule of law in her country, which was made up of divergent indigenous groups.  By taking up the item of the rule of law and establishing the Office, the Organization was demonstrating its adaptation to new times.  The work to be carried out must ensure there was no overlap and that sensitivity toward particular situations was respected.  More information should be provided on the structure and a rule of law fund should be set up to support those activities.  In deliberations, concrete measures, and not philosophical discussions, should be the focus, which should also centre on finding common ground.

DANG WAI ( Sudan) said his country supported and respected the rule of law nationally and internationally, and had incorporated those principles in its constitution.  It also supported the enhancement of international cooperation for economic and social development.  He said the rule of law should not be used as a tool for political pressure and threats.  There should be a reform of the United Nations, particularly its Security Council.  The Sudan supported the establishment of the Rule of Law Coordination and Resource Group.  He proposed the study of mechanisms to enhance the rule of law and its implementation.

ALEJANDRO ALDAY GONZALEZ ( Mexico) called for a functional debate and not a theoretical one.  It was also important, however, to remember that the Committee was the forum for further refining the concept of the rule of law.  Not much was known about the concept at the international level, but one characteristic that could be applied was inclusivity.  The international legal order was based on the meaning that the laws of contributing countries had imparted to it.  Key instruments formed the basis for consideration of the topic, including the principles set out in the Vienna convention concerning to treaty law.

Expressing support for the sub-item approach to considering the question of rule of law at the international and national level, he said implementation of international standards at the national level should be supported with capacity-building measures.  Adherence to international rule of law was predicated on national implementation.  Legislative and administrative internal measures were not always strong enough to implement the international standards.  The support office should help in implementation and coherence.

Also, he said attention must be given to the relationship between tribunals and the rule of law, as well as strengthening the role of international courts and tribunals, including in implementation of rulings.  The efficacy of the international juridical bodies would also be strengthened by taking measures to ensure that cases went to the right forum, such as the International Court of Justice.  In its deliberations, the Legal Committee would be clarifying the language of the rule of law, which would help the Assembly in its work concerning conflict resolution.

SUBHASH MAHARIA ( India) said achievement of an integrated approach and comprehensive strategy for all rule of law assistance activities depended on a more detailed identification of the nature and scope of technical assistance being provided.  The comprehensive inventory should focus on that aspect.

Further, he endorsed the sub-topic approach to the question and said equal emphasis should be given to both the national and international aspects of the rule of law.  But, since many delegations still had doubts and reservations about the exact nature and scope of the topic, an exchange of views should be held over both the scope of law at the national level and the scope of law at the international level, so that a common understanding could be achieved.

NGUYEN BA SON ( Viet Nam) said that strengthening the rule of law required the progressive development, promotion and scrupulous implementation of international law.  He said the Sixth Committee should be able to identify the concrete measures required for doing so.  It could concentrate its discussions on the following:  measures to improve the codification and progressive development of international law; increasing the number of States parties to international treaties; and improving the implementation of international law, as well as obligations under international treaties.  Another topic could be consolidating or establishing appropriate organs and procedures that could help enforce international law.

Viet Nam was carrying out a national strategy for the development and improvement of its legal system to the year 2010 and a strategy on judicial reform to 2020.  The first covered every aspect of social life, including economic development, political stability and human rights protection and promotion.  The second strategy focused on the development of an effective and fair judicial system in the interest of justice.  The two strategies were mutually complementary and reinforcing in the establishment of a uniform, transparent and viable legal system.

EDDY PRATOMO ( Indonesia) said his country firmly believed in the rule of law, and was pleased that the reform process in the Organization had resulted in the establishment of the Rule of Law Assistance Unit.  The Unit would contribute in facilitating the harmonization process of international law into domestic legislation.  His delegation awaited the Unit’s progress in its capacity-building programme for developing countries, which should supplement the priorities of national authorities.  Further, ways should be found to help States comply with international law.  That would help strengthen the notion of justice and fairness in inter-State relations, as well as promote better public understanding of international law.

Address by the Deputy Secretary-General

ASHA-ROSE MIGIRO, Deputy Secretary-General of the United Nations, gave an informal briefing on the newly established Rule of Law Unit.  She said that promoting the rule of law at the national and international levels was at the heart of the United Nations mission.  The principle that everyone from the individual up to the State was accountable to publicly promulgated laws that were equally enforced and independently adjudicated was a driving force behind much of the Organization’s work.  The Legal Committee, particularly through its relationship with the International Law Commission, had been instrumental in the codification and progressive development of an “impressive” body of international treaties.

Continuing, she said respect by States for the rule of law was crucial for maintaining peace, promoting and protecting human rights, and for sustainable development and prosperity.  To achieve the coordinated and strategic approach called for at the 2005 World Summit, the Rule of Law Coordination and Resource Group had been established under her chairpersonship.  The Group consisted of eight Under-Secretaries-Generals engaged in rule of law activities.  It was supported by a small substantive Rule of Law Assistance Unit reporting directly to the Deputy Under-Secretary-General’s Office.

The Unit was up and running on an interim basis, she said.  It had four professional staff on loan from other departments and agencies.  It had begun to perform the core functions of coordinating the United Nations system and working to develop a system work plan; developing a system-wide guidance and best practices system; and developing partnerships with non-United Nations actors.

The entities represented in the Group conducted rule of law activities in context of their mandates, she said.  The Office of Legal Affairs, for example, handled rule of law issues at the international level through activities such as the promotion of multilateral treaties.  The Office of the High Commissioner for Human Rights dealt with transitional justice and national human rights institutions.  The Department of Peacekeeping Operations had recently established an Office of Rule of Law and Security Institutions to strengthen the rule of law assistance primarily in support of peacekeeping operations.  All those existing capacities were complementary to the role of the Group and the Unit.

Emphasizing that the United Nations operated on the basis of requests from Member States with work carried out for the benefit of recipient countries and in accordance with their plans, priorities and national strategies, she said the operation and management of the Unit must be placed on a sound financial basis.  The long term sustainability of the Unit should be ensured through a more sustainable financial footing than on a voluntary basis.

Statements

CRISTIANO DOS SANTOS ( Mozambique) said his country was committed to strengthening the rule of law at national and international levels.  Its current constitution, adopted in 2004, enshrined a democratic rule of law founded on pluralism of expression, political party affiliation and on respect of the citizen’s fundamental rights and freedoms.  The legal and judicial reform under way was of paramount importance for the consolidation of those rights and freedoms as well as peace and democracy.

At the international level, he said, the rule of law must be the foundation for cooperation and peaceful co-existence among States based on full respect for the principles of the United Nations Charter and of international law.  The activities of the United Nations system must promote universal adherence to those principles and to international law, and should also include their wider promotion, dissemination and teaching.  He urged enhanced cooperation between the UN system and the New Partnership for Africa’s Development (NEPAD, particularly on the issue of accountability and good governance.

NAMIRA NEGM ( Egypt) said her country believed that the rule of law should accord with the general principles of international law on the basis of justice, the principle of sovereign equality of States and respect for their territorial integrity and political independence.  It also believed in the non-use of force, peaceful settlement of disputes and respect for the right of peoples under colonial rule and foreign occupation for self-determination.  Her delegation reiterated the importance of a thorough study of the concept of the rule of law because of the divergent views of Member States on the subject as shown in the Secretary-General’s report (A/62/121).

She said topics for study by the Sixth Committee could include:  the principle of territoriality of national laws and the effects of their imposition on the citizens of another State; the means for respect of the sovereignty of States and their right to choose their legal systems; and the best means to assist States to establish a just legal system.

TOUFIQ ISLAM SHATIL ( Bangladesh) said there was general agreement on the need for the world order to be based on international law and that was only possible by taking measures to better implement international law, including through technical assistance and capacity building at the national level.  The United Nations should always work to increase the efficiency of the assistance, to expand its reach and to sharpen its focus on specific needs of Member States.

Further, he said measures should be taken to support institutional development by establishing organs and procedures to better understand and promote respect for international law, to increase ratifications to treaties and to promote the settlement of disputes through law-based international channels such as tribunals or the International Court of Justice.  The interaction between the Legal Committee and the International Law Commission should be intensified.  With the rule of law and transitional justice initiatives now included in some peacekeeping and peacebuilding missions, the Secretary-General should be authorized to make use of the power to request advisory opinions from the Court.  At the national level in his country, and among many recent reform measures, steps had been taken to separate the Judiciary from the Executive branch of the Government, which was a big step toward the consolidation of a law-based society.

CLAUDIA BLUM ( Colombia) said her country supported the statements made on behalf of the Non-Aligned and the Rio Groups.  The United Nations Charter, the pillar of international law, mandated States to respect the principles of peaceful co-existence, fundamental freedoms, and of self- determination of peoples.  She noted that the preamble of the Universal Declaration of Human Rights referred to the importance of the rule of law.  Regardless whether there was a definition of the rule of law at the national level, the principle of legality, and protection of human rights, should be respected.  The elements of those principles had been outlined in the United Nations Charter.  It was necessary that Member States attached importance to the rule of law.  She stressed the importance of the need for States to adhere to their international obligations, to ensure the peaceful settlement of disputes, and the protection of the principle of the sovereign equality of States.

She said the United Nations, as a global institution responsible for the maintenance of international peace and security, should also ensure compliance with international law within its system.  It was necessary that its principal and subsidiary bodies work together to consolidate the principles enshrined in the United Nations Charter.

ONESIS BOLANO PRADA ( Cuba) also said her country attached importance to the rule of law at national and international levels because of its essential nature in international relations.  It was necessary to study its scope and to evaluate it further.  She said there should be clear rules to establish the scope of international law to deal with aggression, genocide, drug trafficking and other transnational crimes.  Any definition of international law should take into account specific features of each country to make it possible for their general acceptance as a guide.  She said particular attention should be paid to the rule of law at the international level, based on the United Nations Charter, and peace and security of States in their international relations.  Respect for international treaties must also prevail, and double standards should be avoided in defence of international law.

She also said there must be a balance between the principal organs of the United Nations in accordance with the provisions of the Charter.  The encroachment by the Security Council in matters within the exclusive domain of the General Assembly should be stopped.  She hoped a review of that question would help reaffirm the central position of the General Assembly as the main legislative body of the Organization, as had been affirmed by the Outcome document of the 2005 World Summit.

NGAY MUKONGO ( Democratic Republic of the Congo) said there was a natural synergy between the rule of law at the national and international levels.  The concept of peace through law that had been enshrined in the League of Nations was still in effect but had a different character in a global world.  Understanding of international law by judges was critical, and yet there was still poor understanding because decision makers at the national level were concerned with national law and had only a vague perception of international law. 

Jurists should be invited to participate in international legal forums, he said.  The rule of law at the international level was closely tied with the disseminating of knowledge about international law.  Universities were very important arenas for spreading that knowledge.  His country was one of only 67 that had agreed to accept the binding nature of decisions handed down by the International Court of Justice.  The strengthening of the rule of law was particularly important to the people of his country in light of the recent events involving sexual exploitation of women and children that had occurred there. 

In ending, he said the recent war in his country had been ignited in part by the lack of adequate judicial machinery.  Prisons were inadequate, for example, and administrative support was lagging.  The rule of law resource group could be welcomed to assist, including in identifying, collecting and keeping information that could be used in court.

FELIX ANIOKOYE ( Nigeria) welcomed the establishment of the Rule of Law Coordination and Resource Group to be chaired by the Deputy Secretary-General, as called for by the 2005 World Summit.  He said rule of law should be seen as a dynamic and evolving concept aimed at ensuring the expansion of substantive freedoms and rights to vast numbers of people.  That was because the underpinning for the rule of law was the political will and good governance needed to address the problems of poverty, tyranny and underdevelopment.

Adoption of resolution 61/39 on the rule of law at the national and international levels was an important step that underscored the promotion of the rule of law and respect for it.  It also underscored the promotion of justice and good governance.  The resolution should guide the activities of the United Nations and Member States.  Accordingly, a new international legal order should be established, one that adopted preferential trade policies that favoured distressed countries or those emerging from conflict.  New laws against corruption should be elaborated, along with new international charters to drive development to impoverished States.

ALLIEU IBRAHIM KANU ( Sierra Leone), welcoming the debate, recalled that his delegation had at the last session proposed that the International Law Commission should formulate a set of “rule of law principles in international law”.  He expressed disappointment that the Commission had not considered the proposal.  The lasting memories and scars of the 11-year war in Sierra Leone served as a reminder of the critical importance of the rule of law, as it was its breakdown that led to that “indelible blot in Sierra Leone’s history”.  His people were fortunate to have a political leadership that was committed to the rule of law.  Former President Kabbah was instrumental in calling for the establishment of the Special Court for Sierra Leone which itself was a model institution in the application of both national and international law within its jurisdiction.  He noted that newly elected President Ernest Bai Koroma now carried the torch in support of the rule of law.  The President had stressed its importance in his maiden address to parliament on 5 October 2007.

The representative of Sierra Leone said the conflict in Sierra Leone, the Democratic Republic of the Congo and many other countries demonstrated the gap that existed in the international community’s capacity to respond to situations of impunity.  He drew attention to an initiative of his country, Germany, Canada, Finland and Sweden on the implementation of a “Justice Rapid Response” mechanism to address that gap.  He invited delegations to a meeting Sierra Leone and Canada would host on 28 and 29 November at Headquarters to discuss ways and means of moving the concept forward.

SHIM PAW FATT ( Malaysia) said his country steadfastly upheld and adhered to the rule of law in the administration of the national criminal justice system.  The rule of law was the guiding principle of that system.  As part of the efforts to strengthen the rule of law at the national level, Malaysia proposed to establish a national humanitarian law committee with overall responsibility to monitor implementation of international humanitarian law in the country.  His delegation proposed that discussions on a Rule of Law Assistance Unit -- as envisaged on the 2005 World Summit Outcome -- should take place in the plenary of the General Assembly and not in the Sixth Committee.  That would be in line with the general desire to revitalize the Assembly as the chief deliberative, policy-making and representative organ of the United Nations.

He therefore proposed that the question should be taken up under agenda item 48 on the “Integrated and coordinated implementation of and follow-up to the outcomes of the major United Nations conference and summits in the economic, social and related fields”.  That would provide a forum for a debate on the issue.  Once the unit was established, it should be requested to provide annual reports as well as periodic briefing for Member States.

KOH WAI KIT ( Singapore) said there was no simple or universally agreed definition for the rule of law, but all understood the term to embody a number of important concepts that were applicable both nationally and internationally.  At the most basic level, the law set out legitimate expectations of what was acceptable conduct and what was not.  Actions taken to enforce the law were made public and the instituting of law meant no party could act in an arbitrary manner and expect to be exempted, regardless of status, interests or persuasions.  But the rule of law did not address the substance of the law.  It did not guarantee that only good laws would be enacted or bad ones repealed.  It did not specify the process of enacting laws or the appropriate balance of interests.  All those issues were addressed in context of the social, economic, political and cultural conditions, a product that emerged from interactions and the considerations of stakeholders.

Those dynamics applied at the international level, he said.  In homogenous societies, much was commonly understood without the need for codification.  But, in heterogeneous societies like Singapore, the potential for conflict made the rule of law particularly salient.  Making rules transparent and applicable to everyone reduced the friction that could arise from conflicting perspectives.  People knew what was acceptable and what the consequences of transgression were.  For the international rule of law, benchmarks must be set out for what was acceptable based on recognition of diversity and respect for it.

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For information media • not an official record