PROMOTING RULE OF LAW ‘VERY HEART OF THE UNITED NATIONS MISSION’,

 

SAYS DEPUTY SECRETARY-GENERAL, IN LEGAL COMMITTEE REMARKS

Following are UN Deputy Secretary-General Asha-Rose Migiro’s remarks at the Sixth Committee (Legal) of the General Assembly on the rule of law debate, in New York, 25 October:

I am delighted to address the Sixth Committee for the first time as Deputy Secretary-General of the United Nations, on the important issue of the rule of law.

At the outset, I would like to congratulate you, Mr. Chairman, on your election.  I have full confidence that you will be able to use your unique expertise and diplomatic skills to lead the work of this Main Committee in a competent and results-oriented manner.  I also extend my sincerest congratulations to other members of the Bureau.

As a former Law Professor and Foreign Minister, I feel at home in the company of other lawyers and diplomats.  As Deputy Secretary-General, and personally, I am deeply interested in your work.  I have, therefore, been looking forward for some time to taking part in your debate on the important subject of the rule of law.

Promoting the rule of law at both the national and international levels is at the very heart of the United Nations’ mission.  The principle that everyone -- from the individual right up to the State itself -- is accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, is a driving force behind much of the United Nations work.

At the international level, the Sixth Committee, particularly through its relationship with the International Law Commission, has been instrumental in the codification and progressive development of an impressive body of international treaties.  Respect by States for the rule of international law is crucial to the maintenance of international peace and security, to the peaceful settlement of disputes, to the promotion and protection of human rights, and to sustainable development and prosperity.

And this is equally true at the national level.  Establishing respect for the rule of law is fundamental to achieving a durable peace in the aftermath of conflict, to the effective protection of human rights, and to sustained economic progress and development.

Various reports of the Secretary-General demonstrate the large number of rule of law activities carried out by United Nations entities across the system.  And, of course, there are also non-United Nations actors, both governmental and non-governmental, that are active in rule of law work.

This is a crowded field where a lack of strategic planning and coordination has to date produced duplication and a less than optimal use of scarce financial resources.

Against this backdrop, we must dedicate efforts to strategically plan rule of law activities in partnership with recipient States and coordinate implementation among all actors.

To help achieve this coordinated and strategic approach, and in response to the calls made in the 2005 World Summit Outcome Document, the Secretary-General has established a Rule of Law Coordination and Resource Group, which I am chairing.  The Group consists of the Under-Secretaries-General of the eight leading United Nations departments and agencies engaged in rule of law activities.  It is supported by a small substantive Rule of Law Assistance Unit reporting directly to the office of the Deputy Secretary-General.

The entities represented in the Group conduct rule of law activities in the context of their respective mandates, and cover specific aspects and areas of the rule of law.  For example, the Office of Legal Affairs handles rule of law issues at the international level, such as promotion and ratification of multilateral treaties.  The Office of the High Commissioner for Human Rights deals with transitional justice and national human rights institutions, as well as with a full range of justice sector institutions.  The United Nations Office on Drugs and Crime focuses on criminal justice issues.

The Department of Peacekeeping Operations has recently established an Office of Rule of Law and Security Institutions to strengthen rule of law assistance primarily in support of United Nations peacekeeping operations.  All these existing capacities are complementary to the role of the Group and the Unit.

The full range of rule of law issues can only be addressed collectively by the United Nations system, and not by any individual department or agency.  The role of a central unit is, therefore, essential to ensure that the United Nations assists Member States in the most coordinated and efficient manner possible.

The Unit is up and running on an interim basis.  It currently has four professional staff who are on loan from other departments and agencies.  It has begun performing the core functions of:

-- Coordinating the United Nations system, for example, through working with the various departments and agencies to develop a joint-United Nations system work plan to reduce overlap and duplication;

-- Developing a United Nations system-wide guidance and best practices, for example, through preparing a United Nations guidance note on the principles and framework for promoting the rule of law; to ensure high quality services to Member States that are increasingly asking for our assistance;

-- Developing partnerships with non-United Nations rule of law actors, both governmental and non-governmental, to maximize resources.

I would like to emphasize that the United Nations operates on the basis of requests from Member States.  Our work in this area is carried out for the benefit of recipient countries and in accordance with their own plans, priorities and national strategies.  The operation and management of the Unit on a sound and sustainable financial basis, so that it can carry its essential functions, is central to the United Nations ability to deliver more effective and efficient rule of law assistance to Member States.

But the Unit’s long-term sustainability will be in doubt for as long as it is funded on a voluntary basis and depends on loaned staff.  I, therefore, appeal to the Member States to support this important endeavour by ensuring that the Rule of Law Unit works on a more sustainable financial footing in future.

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For information media • not an official record