Sixty-first General Assembly

Sixth Committee

20^th Meeting (AM)

LEGAL COMMITTEE ASKS ASSEMBLY TO CONDEMN ACTS OF VIOLENCE AGAINST DIPLOMATIC

MISSIONS, URGING COUNTRIES STRICTLY TO ENFORCE LAWS TO PROTECT THEM

Draft Text on Criminal Conduct by UN Peacekeeping Officials Is Debated;

Action by Troop-Contributing States Sought on Violations by Their Personnel

The General Assembly would strongly condemn acts of violence against diplomatic missions and their representatives and would urge States to strictly enforce laws that protect them, by a draft resolution approved without a vote by the Sixth (Legal) Committee this morning, as it entered the final week of its work of the current General Assembly session.

By the text, States would also be urged to take all appropriate measures to prevent any acts of violence against diplomats and their premises and to ensure, with United Nations participation where appropriate, that such acts were fully investigated, and offenders brought to justice.

In another action, the Sixth Committee began, and concluded, discussion of a new agenda item on “the comprehensive review of the whole question of peacekeeping operations in all their aspects”.  A report by the Secretary-General on ensuring the accountability of United Nations staff and experts on mission contains a draft convention covering criminal acts of those personnel.  The scope of the 26-article draft convention does not cover officials on missions authorized by the Security Council under the enforcement provisions of Chapter VII of the United Nations Charter, or military personnel of troop-contributing countries.

In a statement on the subject, the representative of Guyana, speaking for the Rio Group of countries, said they recognized the remarkable work by the almost 100,000 men and women serving in peacekeeping operations whose lives were in danger daily to ensure a peaceful world.  They also recognized that a small minority of peacekeepers were involved in the abhorrent acts of misconduct.  Their countries had fully supported the zero tolerance policy against criminal acts committed by peacekeepers, in particular, sexual abuse and exploitation.  That policy must reach all peacekeeping personnel.

The representative of Nigeria said it was important that the policies flowing from the recommendations of the group of legal experts should have universal application.  The impression should never be given that the recommendations should be applicable only to peacekeepers from developing countries.

Australia’s representative, speaking also for Canada and New Zealand, noted that the draft convention would cover only United Nations “officials” and “experts” and not military personnel of national contingents assigned to the military component of a peacekeeping operation.  He looked to provisions in the understanding between troop-contributing countries and the United Nations which would require those countries to investigate and prosecute any crimes committed by their personnel.

Other speakers on the topic were Kuwait, Indonesia and the Sudan.

Also this morning, the Committee concluded debate on its agenda item on the topic of rule of law at both national and international levels, which was included on the agenda of the current session of the General Assembly at the request of Mexico and Liechtenstein.

Delegations were divided on how the subject should be approached in the future.  Some said an ad hoc committee should be established to discuss it in detail, in a transparent manner.  Those delegations said the Secretary-General should not be asked to produce a report at this stage and that more debate was needed.

Speaking on that topic were the representatives of Belarus, Zambia, United States, Indonesia, the Sudan, Pakistan, Syria, Iran and Egypt.

The Sixth Committee will meet next at 10 a.m. on Thursday, 9 November to take up the report on the Committee on Relations with the Host Country, and to act on several draft resolutions.  The Committee is scheduled to conclude its work for the session at 10 a.m. on Friday, 10 November 2006.

Background

The Sixth Committee (Legal) met this morning to resume its discussion on the rule of law at the national and international levels, and to consider a proposed draft convention on the criminal accountability of United Nations officials and experts while on mission.

The Committee was also to act on a draft resolution (document A/C.6/61/L.5) on “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives”.

The Committee considered the item on the rule of law on 16 and 17 October, and decided to resume the debate today.  The item was included in the agenda of the current session of the General Assembly at the request of Mexico and Liechtenstein (document A/61/142).  (For more background on the subject of rule of law, see Press Release GA/L/3299 of 16 October 2006).

Draft Convention

The proposed draft convention was to be discussed in the context of “Comprehensive review of the whole question of peacekeeping operations in all their aspects”.  The proposed draft is annexed to a report by the Secretary-General (document A/60/980 dated 16 August 2006) on the work of a group of legal experts who studied the issue of criminal accountability of United Nations officials and experts who commit criminal acts while on peacekeeping operations.

The draft convention does not apply to United Nations operations authorized by the Security Council as an enforcement action under Chapter VII of the United Nations Charter, in which a United Nations official or expert on mission is engaged as a combatant against organized armed forces and to which the law of international armed conflict applies.

It also does not apply to military personnel of national contingents assigned to the military component of a United Nations peacekeeping operation, and to other persons who are subject to the exclusive jurisdiction of a State other than a host State with whom the United Nations has signed a status-of-force agreement for a peacekeeping operation.

The 26-article draft convention includes definitions; scope of application; crimes committed during United Nations peacekeeping operations such as murder, rape and acts of sexual violence; establishment of jurisdiction; prosecution of offenders, extradition of alleged offenders and United Nations privileges and immunities.

The group of legal experts, appointed by the Secretary-General, made a number of other recommendations designed to overcome the obstacles that exist in holding United Nations peacekeeping personnel accountable for crimes committed during peacekeeping operations.  The group recommends that priority be given by the United Nations to facilitating the exercise of jurisdiction by the host State.  If the host State is unable to do so, even with United Nations assistance, there will be a need to rely on other States for that purpose.

The group states that the exercise of jurisdiction by States other than the host State presents many challenges not unique to the peacekeeping environment.  It recommends the development of a new international convention to address jurisdiction and related issues.

The group’s report observes that sexual exploitation and abuse in United Nations peacekeeping operations is not a recent phenomenon.  While official records are incomplete, it comments that there is sufficient documentary and anecdotal evidence to indicate that, over the past decades, there have been many instances of personnel engaging in such conduct, including liaising with adult prostitutes, demanding sexual favours in return for food or employment, sexual assault, rape and paedophilia.

The five-member group of legal experts from South Africa, Russian Federation, France, Australia and Singapore, carried out its work from October to December 2005, resuming in late February this year, and completed its task in March.

Draft resolution A/C.6/61/L.5

By the draft resolution on Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives (document A/C.6/61/L.5), the General Assembly would strongly condemn acts of violence against such persons and facilities, emphasizing that the actions could never be justified.  It would urge States to strictly observe, implement and enforce the applicable principles and rules of international law on protection of diplomatic and consular facilities.

States would also be urged to take all appropriate measures at the national and international levels to prevent any acts of violence against those persons and premises and to ensure, with the participation of the United Nations where appropriate, that such acts were fully investigated and offenders brought to justice.

The Assembly would recommend that States cooperate closely on practical measures, including exchange of information, to enhance the protection, security and safety of those persons and facilities.  Furthermore, States would be urged to take all appropriate measures to prevent any abuse of diplomatic or consular privileges and immunities, in particular serious abuses, including those involving acts of violence.

By other terms of the draft text, all States would be requested to report to the Secretary-General as promptly as possible serious violations of the protection, security and safety of diplomatic and consular missions and representatives, as well as others with similar status.  They would also be required to report measures taken to bring the offender to justice and the outcome of the proceedings.

Statements

LYUDMILA KAMENKOVA ( Belarus) said the topic of the rule of law addressed an acute problem in international relations, demanding a rapid solution, not only for States who had experienced armed conflicts, but for all States.  The United Nations was the optimum forum for promoting the rule of law, she said, so she welcomed the decision to include it on the Sixth Committee’s agenda.

She suggested a number of steps to be kept in mind when addressing the issue.  For example, there was a need to provide juridical guidance and assistance to Member States in adopting key international treaties; those States should be encouraged to seek greater recourse to the International Court of Justice on the implementation of the norms of international law.  There should be a closer link between the United Nations Legal Office and other United Nations organs, including the financial institutions.  Member States might want to consider the convening of a conference on the rule of law.

She said she assumed that in a continuation of the discussion of the legal aspects of the theme, there would be no overlap with the work of the Peacebuilding Commission.  She supported the creation of a special unit within the Secretariat to support the rule of law, as long as it did not lead to a duplication of work.

GAUDENTIA SALASINI ( Zambia) said that, at the national level, Zambia’s constitution drew its validity from the rule of law, and existed as a democratic State because of it.  At the international level, Zambia wished to join other members of the international community in ensuring that respect for the rule of law was upheld.  International mechanisms, such as the International Criminal Court and the Tribunals for Yugoslavia and Rwanda, must be respected.  Their work and that of other organs which were aimed at establishing peaceful co-existence must be recognized in order to reaffirm the collective will to discourage the practice of serious violations of international law from going unpunished.  If the rule of law was not applied practically, treaties ran the risk of redundancy.

ELIZABETH WILCOX ( United States) said her country believed strongly in the value and importance of international law, and had worked actively to expand dialogue with other countries on the subject.  It also believed in the need for States to implement the obligations they undertook in bilateral and multilateral treaties and it welcomed the suggestion that the Sixth Committee use the debate to consider ways in which States might improve their implementation of treaties.

The principle of respect for international law was ill-served, she continued, if States concluded agreements that they would not be able to implement faithfully.  As the Sixth Committee considered the role it might play in that area, it should take care not to duplicate efforts of parties to treaties; as the Committee developed the initiative on the rule of law, States must recall the importance the United Nations Charter attached to the principle of peaceful settlement of disputes among States.

She said that while the most appropriate mechanism for resolving any particular dispute would depend on a number of factors, international courts and tribunals could make important contributions, in appropriate cases, in helping States to resolve disputes.  The United States believed those institutions were most effective, and best commanded the respect and confidence of States.  Efforts to strengthen existing dispute settlement mechanisms would be most useful if they focused on ways to promote those objectives.  The United States agreed that any future work on the topic should be of practical value.

She said she welcomed suggestions that the Committee consider ways in which existing United Nations activities and strategies might be better coordinated and made more effective for technical assistance in rule of law.  That could be a particularly fruitful direction for the Committee’s future work.  She supported the proposal that the Secretary-General be asked to report on the United Nations current “rule of law” activities, to facilitate the Committee’s further discussion of those activities, provided that its production would not require additional resources.

JOHNY SINAGA ( Indonesia) said the rule of law was extremely important, since it was the very foundation of the United Nations in ensuring good governance, in bringing prosperity to the world’s populations, and for peaceful coexistence and cooperation among States.  At the national level, there could be no development without peace, and there was no peace without the rule of law.  Strengthening justice and the rule of law was therefore an important strategy in promoting good governance and socio-economic development.  A rule-based international system guaranteed the principle of equality of states before the law.

He said the proliferation of judicial mechanisms for settling disputes was a positive development, in that they offered more options for States to settle differences amicably.  Through relevant units within the Secretariat, the United Nations could play a significant role in taking practical measures to help States in the harmonization, or integration, of international law into domestic legislations, thereby meeting the objective of the annual treaty events.

In view of the different interpretations of the Charter-based mandate of the main organs of the United Nations, he said it was relevant to request the International Court of Justice for a clarification through its advisory opinions.

YASIR ABDELSALAM ( Sudan) said that as the agenda item on the rule of law was new, there should be an opportunity for its thorough examination in order to achieve an in-depth understanding.  That would eventually lead to an agreed formula on how the Sixth Committee should proceed on its consideration of the item.  With that in mind, he added, his delegation’s main interest was of a procedural nature.  It was premature to request a report from the Secretary-General on the topic, since discussions had not been exhausted for a road map of ideas, areas of interest and priorities to be drawn up.  He said the road map should be the basis for the Secretariat to construct the report, with recommendations.

He said the rule of thumb was that members would guide the debate and indicate what they wanted to see in the report, and not the other way around.  The discussion should be conducted in an open-ended ad hoc committee.  Delegations should be given ample time to consult their Governments on the matter; it was too early for a thematic debate.

MUHAMMAD RAFIUDDIN SHAH ( Pakistan) said the topic was important, and the debate should be equitable and transparent.  Delegations should be given more time to examine the question fully.  He said his delegation also supported the suggestion that further discussions should be in the framework of an ad hoc committee, and that the role of the International Court of Justice should also be included.

MOHAMED NAJIB ELJI ( Syria) said the Committee discussion took on urgent importance in light of the recent discussion of the topic in the Security Council, whose examination of the subject was inappropriate and an infringement on the responsibilities of the General Assembly.

The rule of law, he said, was one of the most important pillars of civil society, and he recalled the centuries-old history of the respect for the rule of law in his culture.  He asked that the Committee pay attention to the issue of financial and technical assistance to those Member States that requested it, for implementing the rule of law.

He said he viewed the United Nations as the guardian of the rule of law; the world was still far from seeing its implementation in international relations.  He referred to Security Council “interference” in legal and judicial matters, and said there had been lack of implementation of the International Court of Justice ruling on the wall built by Israel.

There must be a democratizing of the rule of law in international relations, he said, and suggested that the Committee’s examination of the topic should include a discussion of the effects of the rule of law on the sovereignty of States, the power of the Security Council under Chapter 7, and the role of the International Court of Justice in supervising the work of the Council.

MOSTAFA DOLATYAR ( Iran) said the topic was timely, and because of its importance, an ad hoc committee should be established to consider it.   Iran was ready to participate in its work.

NAMIRA NEGM ( Egypt) said that her delegation supported Sudan’s call for transparency in the discussion.  It also supported the call for the establishment of an ad hoc committee to consider the subject.  She said it was premature to request the Secretary-General to produce a report, and that the subject should first be thoroughly discussed.

Statements on peacekeeping operations

GEORGE TALBOT ( Guyana), speaking for the Rio Group of countries, on the comprehensive review of the whole question of peacekeeping operations in all their aspects, said those countries recognized the remarkable work by the almost 100,000 men and women serving in peacekeeping operations, whose lives were in danger daily, to ensure a peaceful world.

He said it was also recognized that a small minority of peacekeepers had involved themselves in abhorrent acts of misconduct.  The Rio Group strongly supported efforts to ensure that the misconduct of a few people did not compromise the credibility of the United Nations and its peacekeeping operations, and also fully supported the zero tolerance policy against criminal acts committed by peacekeepers, in particular, sexual abuse and exploitation.

He said Member States and the Secretariat must act together in a decisive, vigorous and cooperative manner to prevent such abuse and exploitation, and to enforce United Nations standards of conduct by United Nations peacekeepers.  The Rio Group strongly believed that the host country, the United Nations and the troop contributing countries should cooperate closely in investigating peacekeepers, staff and experts on missions accused of misconduct within their specific sphere of competence; that objective could be achieved through the effective strengthening of the Office of Internal Oversight Services.  The principle of impartiality and fairness should be complied with in the investigations.

BEN PLAYLE (Australia), speaking also for Canada and New Zealand, said it was of great concern to them when the reputation and critical contribution of peacekeeping was undermined by the criminal acts of a few.  Preventing peacekeeping personnel from committing crimes was, of course, the most desirable outcome, but when prevention failed, peacekeeping personnel must not be allowed to enjoy impunity for crimes of which they were accused.  He welcomed moves to include specific provisions in the draft ‘model memo of understanding’ between troop-contributing countries and the United Nations that would require those countries to take action to investigate and prosecute any crimes committed by their personnel.

He said the Sixth Committee should focus on recommendations relating to jurisdiction of States other than the host State.  He noted that the draft model memo would cover only United Nations “officials” and “experts”, and not military personnel of national contingents assigned to the military component of a peacekeeping operation.  Recognizing that the legal system in the host State might not be able to respond, he said that while measures to bolster the capacity of host States might help, other avenues should be explored as well.

FATEMA FAHED EBRAHIM ( Kuwait) said her country attached great importance to peacekeeping operations.  Kuwait had hosted a number of peacekeeping operations including United Nations Iraq-Kuwait Observation Mission (UNIKOM).  It would like more information on the subject.

I.A. AYUA (Nigeria) said it was noteworthy that the Secretary-General had moved swiftly to address the growing problem of criminal acts and sexual exploitation and abuse committed by personnel serving in peacekeeping operations so as to insulate the United Nations mission from the moral laxity, or inexcusable acts of fringe elements that were not representative of the best traditions in peacekeeping which their countries offered.  He commended the Secretary-General and the Department of Peacekeeping Operations for their efforts to “nip this deviant behaviour in the bud”.  He supported the proposed circulation of a handbook of the “dos and don’ts of peacekeepers” as particularly welcome, not only because it would remove excuses for misconduct, if there ever were any, but also because it would complement the efforts of countries in re-orienting their troops and police for service under United Nations peacekeeping missions in future.  It was important, however, that the policies flowing from the recommendations should have universal application.  The impression should never be given that they should be applicable only to peacekeepers from developing countries.

IWAN S. AMRI ( Indonesia) saluted the thousands of peacekeepers for their courage in risking their lives to revive the aspirations of people for peace in conflict zones.  While international law had granted immunities to peacekeepers for the accomplishment of their difficult tasks, it was understood that those immunities were not meant for personal purposes, or benefits.  Those guilty of the abhorrent crimes of rape and sexual abuse that had been reported must be held accountable through the appropriate and due process of the law.  Furthermore, justice must be seen to be served in order not to damage the credibility of United Nations peacekeepers as a whole.

He said Indonesia supported the prudent approach of developing various options in outlining the legal basis for the exercise of a State’s jurisdiction in cases involving United Nations peacekeepers.  He believed Governments needed more time to reflect on the draft which had just been released.

YASIR ABDELSALAM ( Sudan) said the United Nations provided the best framework in which peacekeeping operations could take place.  The increase in the number, and kinds, of operations had underscored the need for some re-examination.  The Secretary-General had done well in offering an objective evaluation of peacekeeping operations, aimed at meeting the present day needs, and to help fill gaps.  The recommendations of the report were useful, particularly those on making the mandate of operations clearer, and providing those operations with the necessary resources.

He said it was important for the United Nations to keep peacekeeping operations from being abused “to serve the narrow political interests of certain countries”.  Decisions on peacekeeping operations and mandates should be transparent and avoid double standards; such operations should be prevented from becoming a means of settling accounts under the pretext of international law, or international humanitarian law.  The capacity of a host country should be strengthened when necessary.  It was inappropriate to set up a legal system within peacekeeping operations and ignore the legal system in the host country.  He said he supported the suggestion to set up a working group to examine the draft.

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For information media • not an official record