Sixty-second General Assembly

Sixth Committee

16^th & 17^th Meetings (AM & PM)

ASSEMBLY’S LEGAL COMMITTEE IS TOLD NATIONS COMING FROM CONFLICT

NEED HELP IN ESTABLISHING EFFECTIVE ‘RULE OF LAW’

 

Appeal from South Africa; Delegate Says End of Apartheid

Brought International Influence on Domestic Justice System

The new Rule of Law Coordinating and Resource Group, chaired by the Deputy Secretary-General, must be empowered to help countries emerging from conflict situations build confidence in legal systems even as past abuses were redressed, the Sixth Committee (Legal) was told today, as it concluded debate on the rule of law at national and international levels.  The Committee also heard the introduction of reports by its three Working Groups related to terrorism, criminal accountability and administration of justice at the United Nations.

The representative of South Africa, making that point, said the end of apartheid in 1994 had ushered in a correlation between national and international law in her country.  The rule of law was of seminal interest there because the law for the majority of people under apartheid had been a blunt instrument of injustice on an enormous scale, drawing its legitimacy from the fact that it was State-sanctioned.  The role of the United Nations in setting norms, she said, was to ensure the influence of international law on the national justice system and to create domestic awareness that rights themselves must be protected by law and that disputes about those rights were not to be decided arbitrarily but were to be submitted to the adjudication of a competent, impartial and independent tribunal.

Albania’s representative said his country had put particular emphasis on the rule of law in the last two years, coming to terms with the fact that the difficult transition from a dictatorial system to a democratic one was not only a matter of ideology and economy, but also an arduous transition of mindset from rule “by” law to rule “of” law.  Democracy was now understood to be reinforcing the rule of law and the institutions safeguarding it with the proper mechanisms of checks and balances.

The representative of Iran said the rule of right would always prevail over the rule of might.  He lived in a region of the world where a supra-regional rule of law was being imposed through the rule of power, because the rule of law at the international level had been corrupted.  The common elements in the rule of law at the international level should be based on the United Nations Charter and on the guiding principles contained there, including the commitment of States to refrain from the use of force or the threat of it, and in the obligation to settle disputes peacefully.

International law formed the basis for domestic law, the representative of Venezuela said, and agreed that politicization of the Security Council frequently prevented the carrying out of mandates set out by the Assembly.  Double standards meant the rule of law at the international level would be impossible to achieve until the United Nations was “democratized”.  Norway’s representative called for full support for the new Rule of Law Assistance Unit.  To ensure sufficient funds and resources for it to achieve stable working conditions, it should be financed through assessed contributions, not voluntary contributions.

Also speaking today on the rule of law were the representatives of Thailand, Chile, Algeria, United Republic of Tanzania, Japan, Tunisia, Republic of Korea, Kenya, United States, Kuwait, Israel, Pakistan, El Salvador, Russian Federation, Morocco, Syria and Latvia.

The Observer of the Holy See also spoke, as did a representative of the International Development Law Organization.

This concluded the Committee’s two-day consideration of the rule of law as an outcome of the 2005 World Summit, inscribed on the Assembly’s agenda for the first time last year.

The Committee then heard oral reports on the activities of the Working Groups.

The chairperson of the group on measures to eliminate international terrorism said the momentum generated during the current session on the need for the early conclusion of the draft comprehensive convention contained the potential to facilitate agreement on the elements of an overall package.

The chairperson of the Working Group on criminal accountability of United Nations officials and experts while on mission said there had been agreement in the group for a focus on some short-term measures to address the problem of criminal accountability.  The chairperson of the Working Group on the administration of justice at the United Nations said informal consultations would continue, and it was possible that points of agreement would be attached to a draft resolution for submission to the Assembly.

The Sixth Committee is expected to meet again at 10 a.m. on Monday, 29 October, when it will take up the report of the International Law Commission.

Background

The Sixth Committee (Legal) met today to continue its debate on the rule of law at the national and international levels, an item emanating from the 2005 World Summit and entered onto the Assembly agenda last year.  For background, see Press Release GA/L/3326 of 25 October.

In addition today, the Committee was expected to hear reports by the chairpersons of the Working Groups on measures to eliminate international terrorism; on criminal accountability of United Nations officials and experts on mission, and on the administration of justice at the United Nations.

Statements

PHUCHPHOP MONGKOLNAVIN ( Thailand) said his country strongly believed that adherence to the rule of law, both at national and international levels, was essential.  It supported the notion from the 2005 World Summit that the rule of law was an indispensable linchpin in attaining the nexus between development, peace and security, and the protection of human rights and fundamental freedoms.  The country had recently gone through a challenging period which saw the lessening of the rule of law.  He said that situation was being used for the country to become even more vigilant of the rule of law.  The first-ever referendum on a new constitution was strong testimony to that concern.  A general election was planned for the end of the year.

He said that during the Treaty Event at the beginning of the current session, Thailand deposited two instruments of accession -- for the Convention against Taking of Hostages, and for the Convention against Torture and Other Cruel and Inhuman or Degrading Treatment or Punishment.  That re-emphasized his country’s firm commitment to the observance of international law.  He said discussions on the rule of law should not duplicate other ongoing activities in the United Nations system or elsewhere.

ALVARO AREVALO ( Chile) commended the establishment of bodies within the United Nations Secretariat to deal with rule of law issues.  The work of international bodies must also be subject to the rule of law.  He welcomed the planned reform of the administration of justice in the United Nations, and the ongoing work on criminal accountability of United Nations officials and experts on missions.  He said there should be a focused approach to discussions, to determine what the rule of law was intended to achieve, noting the differences in customs and national realities of States.  He also drew attention to the many different standards in the application of laws, stressing the lack of consistency in the observance of international law.  He said topics for future discussion could dwell on the reasons for lack of consistency, the adoption of domestic standards, implementation of obligations under international treaties and measures to ensure the consolidation of the rule of law.

EL HADJ LAMINE ( Algeria) said the rule of law helped economic and social development and needed to be strengthened.  It was a “cross-cutting question” which required proper approaches to tackling it.  There was need for a proper coordinated approach on the question at the United Nations.  Most developing States needed assistance from the United Nations to modernize their legal systems.  At the international level, he said that the role of the International Court of Justice was important.  The United Nations must set an example in the area of rule of law within its different bodies.  It was time to encourage studies on the rule of law.

ADRIANA CELIS ( Venezuela) said the subject of the rule of law must be studied with a balanced focus on the national and international levels, in accordance with the principles of State sovereignty, self-determination and non-interference.  International law formed the basis for domestic law, and the principle of incorporating international law into the domestic had been enshrined in the Constitution of her country since 1999.  The ratified international instruments provided the foundation for the formulation of progressive national law.  However, the politicization of the Security Council frequently prevented the carrying out of mandates set out by the Assembly.  The United Nations had not been able to prevent the development of double standards, and the rule of law at the international level would be impossible to achieve until the United Nations was “democratized”.

TULLY MWAIPOPO (United Republic of Tanzania) said impunity thrived in the absence of the rule of law and was an affront to the rule of law.  The tribunals for Rwanda and the former Yugoslavia, the Special Court for Sierra Leone, and the newly established tribunal for Lebanon all strengthened the international rule of law by removing impunity for individuals accused of committing the most serious crimes.  The International Criminal Court also brought justice to the perpetrators of the gravest crimes.  The recent accession of Japan to the Rome Statute was welcome, and those States that had not yet accepted the Court’s jurisdiction should do so with a view towards strengthening the rule of law.

TOMOHIRO MIKANAGI ( Japan) said his country was a strong supporter of the International Court of Justice and maintained a strong commitment to the Court’s role by accepting its compulsory jurisdiction.  The International Tribunal on the Law of the Sea, with its role in dispute settlement, was also important in the area of criminal justice, as were the various ad hoc and hybrid tribunals, including the Extraordinary Chambers in the Courts of Cambodia.  Japan extended technical support to help establish the rule of law in developing countries, especially in South-East Asia.  On 1 October, Japan had become a party to the Rome Statute out of an appreciation for its fight against impunity and intended to contribute to the Court’s work.

ADEL BEN LAGHA ( Tunisia) spoke of the importance of the rule of law for the United Nations and its Member States, and the need for respect of the international order based on it.  He said the rule of law was a prerequisite for the peaceful coexistence of States.  He said that for effective consideration of the item, duplication should be avoided in United Nations bodies, with emphasis on a coordinated approach to dealing with the question.  He welcomed the establishment of the Rule of Law Coordination and Resource Group, and the Rule of Law Assistance Unit in the United Nations Secretariat.

He said the two bodies demonstrated the importance the Secretary-General attached to the issue of the rule of law.  There should be a clear mandate relating to the operational aspect of their work.  On the question of topics for future discussions, he stressed the need for caution in their identification.  He also said there should be a balance in the treatment of the rule of law at the national and international levels.  No models should be imposed on States.  Technical assistance was also important, he said.  One sub-topic could be the need for improvement of the effectiveness of rule of law.  There was need for greater interaction and synergy with the rule of law bodies established in the Secretariat.

PARK HEE-KWON ( Republic of Korea) said his country was a strong advocate of the rule of law at both national and international levels.  It could serve as a framework for peaceful relations between States, as well as a source of rights and obligations between them.  The rule of law, together with human rights and democracy, was a key element for advancing fundamental human rights and freedoms as well as for maintaining international peace and security.

His delegation shared the view that rule of law activities required adequate financial and human resources, and was committed to helping countries in need of building their capacity to promote the rule of law; it was a central concern of his country’s official development assistance programmes.  The Republic of Korea had provided development assistance to a number of countries to help them deal with a variety of issues, among them crime prevention, forensic investigations, criminal justice, and maritime- and cyber-security.  It favoured the selection of the topic “criminal justice at the national and international levels” for future discussion by the Sixth Committee.

ZACHARY MUBURI-MUITA ( Kenya) said the role of the International Criminal Court in the peaceful settlement of disputes could not be over-emphasized, and the role of international tribunals was just as important.  The Secretary-General’s trust fund for assisting States to settle disputes through the Court was “a milestone in the advancement of the rule of law at the international level”.  The United Nations should make full use of the Court’s competence by requesting advisory opinions.  The deliberations on the possibility of authorizing the Secretary-General to request such opinions were welcome.

He said the rule of law was the most important “pillar of good governance” in any democratic system.  He noted the establishment of the Rule of Law Coordination and Resource Group, and said it should be strengthened to achieve its objectives.

He said the jurisprudence emanating from tribunals established by the Security Council should continually be absorbed into the progressive development of international criminal law.  He observed that the designation by the General Assembly of the year from September 2007 to September 2008 as the period of commemorating the Ethiopian Millennium showed the strong affinity between peace and development with the cultural values and aspirations of societies that was central to maintaining the rule of law.

THANISA NAIDU (South Africa) said the rule of law was of seminal interest to her country, since the experience there before 1994 was of a legal culture that was homogeneous, conservative and executive-minded, and the law for the overwhelming majority of the people, under apartheid, was a blunt instrument of injustice on an enormous scale.  The law drew its legitimacy, then, from the fact that it was State-sanctioned.  The end of apartheid ushered in a correlation between national and international law.  South Africa’s courts now sought substantive justice to uphold the Bill of Rights, inspired by the Universal Declaration of Human Rights.

The role of the United Nations in setting norms ensured the influence of international law upon the national justice system.  That resulted in domestic awareness that rights themselves must be protected by law.  Any disputes about those rights could not be decided arbitrarily, but had to be submitted to the adjudication of a competent, impartial and independent tribunal.

She said the newly established Rule of Law Coordination and Resource Group would help strengthen the United Nations ability to promote the rule of law.  Every effort must be made to empower the Group so that its expertise could be utilized in countries emerging from conflict situations -- not only to facilitate adherence to the rule of law and build confidence in legal systems, but also to deal with past abuses through formal and informal mechanisms for resolving grievances arising from conflict.

ELIZABETH WILCOX ( United States) enumerated her country’s commitment to promoting the rule of law at the international level, by strongly supporting the international legal institutions.  It had made an initial pledge of $5 million towards the start-up costs of the Special Tribunal for Lebanon.  It had also made large contributions to the criminal tribunals for Rwanda and the former Yugoslavia, and the Special Court for Sierra Leone.  The United States had entered into more than 400 international agreements and treaties in 2006 alone, and it had a strong commitment to advancing the rule of law through assistance to other States, in efforts to strengthen institutions and combat illegal activities.

She said that, while welcoming the new Coordination Group and the Assistance Unit, her delegation felt the Unit should be funded from existing resources.  The idea of enhancing quality control over United Nations documentation in the area of rule of law was worth considering.  Also, bilateral assistance in the rule of law was important, and the United Nations should coordinate rule of law activities with bilateral donors.

MESHEL ABDULMUHSEN AL SAIED ( Kuwait) said his country’s Constitution embodied the rule of law, through respect for the principle of separation of the executive and legislative authorities, as well as ensuring the independence of the judiciary.  In addition, there was equality of rights and duties for all citizens.  Kuwait affirmed its adherence to international law and the maintenance of international peace and security, as well as non-interference in the affairs of other States.  He said all States must refrain from the threat of force or its use, contrary to the purposes and principles of the United Nations.  States must use peaceful means to settle disputes.

ÅSMUND ERIKSEN ( Norway) said the General Assembly should make available to the new Rule of Law Assistance Unit sufficient funds and resources to ensure stable working conditions.  Norway believed the Unit should be financed through assessed contributions, to avoid the financial insecurity that would result from voluntary contributions.  He cautioned against the selection of poorly defined topics for future discussion, pointing out that it could entail duplication of discussions in other forums.  He said that promotion of the rule of law was a priority for his Government, which had integrated it into its international activities.  It had established a stand-by force for civilian and human rights efforts in crisis situations.

Another important objective, he said, was the promotion of international criminal justice, and added that his country supported the international criminal tribunals and the International Criminal Court, including by advocating the widest possible accession to the Rome Statute which established the Court.  Norway was providing funding for the Court’s Legal Tools Project, which was a resource base for national authorities, law practitioners and scholars around the world.  He also said the establishment of the International Court of Justice had clearly demonstrated its vital and constructive role in conflict resolution.

ADY SCHONMANN ( Israel) said that although her country lacked a formal constitution, fundamental human rights such as the rights to liberty, to freedom of expression and to privacy were protected by basic laws, as well as by a solid body of jurisprudence of Israel’s Supreme Court.  She said Israel also supported the notion that promoting the rule of law at the national level was an essential prerequisite for strengthening any compliance with international legal order.

At the international level, she added, Israel supported the numerous efforts and activities of the United Nations to strengthen the rule of law, inter alia, through codification and consideration of the development of international law.  It strongly believed that the rule of law was a fundamental building block in conflict resolution, peacekeeping operations and nation-building in emerging democracies in particular.

She also said that it was her country’s conviction that adherence to the rule of law could provide a significant basis for dialogue between States, as part of exchanging legal assistance and training programmes to countries seeking to establish legal systems and enhance the rule of law.

RAFIUDDIN SHAH ( Pakistan) welcomed the newly created rule of law coordination group and unit, and said the topic of the rule of law should be considered in the appropriate contexts, within all relevant departments and bodies of the United Nations system and ensuring that there was no overlap.

Summarizing other criteria for approaching the wide-ranging topic of the rule of law, he said it was worth emphasizing that all rule of law activities in countries must be in line with the requests of those countries.

ESMAIL BAGHAEI HAMANEH ( Iran) said he joined the others in stressing that the rule of right would always prevail over the rule of might.  He lived in a region of the world where a supra-regional rule of law was being imposed through the rule of power, and the need to address the rule of law was a matter of emergency because the rule of law at the international level and at the United Nations had been corrupted.

He said common elements in the rule of law at the international level should be identified, based on the United Nations Charter and on the guiding principles contained in it.  Those included:  the commitment of States to refrain from the use of force or the threat of using it, and in the obligation to settle disputes peacefully.  The notion of the rule of law at the international level was the basis for strengthening the rule of law at the national level.  It must be inclusive or else the outcome was lethal to the rule of law by creating double standards, arbitrary administration and coercion.

He said the new coordination group and unit could provide technical assistance in the area of rule of law.  The focus should be on delivery of contractual obligations; there should be no interference in the policy-setting that was a General Assembly activity.  In strengthening the rule of law at the international level, it was vital to address basic considerations such as the need for criminal accountability, norm setting, law-making and the fact that even the Security Council was bound by the Charter.

LUCIAS BORJAS CHÁVEZ ( El Salvador) said the rule of law was important for her country.  It was in the interest of the international community to strengthen the rule of law.  At the national level, she said, El Salvador was subordinating domestic law to international law to guarantee due process, human rights and freedoms.  Judicial independence was the cornerstone for the rule of law in the country; Constitutional reforms were ensuring transparency and the independence of the judiciary.

At the international level, she added, El Salvador believed that the rule of law was indispensable.  The United Nations had a central role to play in the promotion of international law.  She welcomed the establishment of the Rule of Law Coordination and Resource Group and the Rule of Law Assistance Unit within the Secretariat, and hoped the Group would produce reports as guides for States.  She suggested as a topic for future discussion the scope of the rule of law and international obligations.

MARIA V. ZABOLOTSKAYA ( Russian Federation) said her country had consistently supported the rule of law.  It was important that the principle of sovereign equality of States be observed.  International law should not invite double standards, and the imposition of some States of their laws on others.  She thanked the Secretary-General for his interim reports on the rule of law at the national and international levels, which showed clearly that a majority of United Nations bodies had already started to implement the rule of law.  She welcomed the creation of mechanisms to deal with the rule of law issues through the establishment of the Rule of Law Coordination and Resource Group under the chairmanship of the Deputy Secretary-General, and the Rule of Law Assistance Unit.  They were important bodies which should help the Sixth Committee in its work.  It would be useful for the Group to issue reports.  She also stressed the importance of technical assistance and capacity-building in the promotion of the rule of law.

KARIM MEDREK ( Morocco) said he welcomed the announcement by the Deputy Secretary-General that the rule of law would be a priority matter for the United Nations.  His country had been one of the first to support Liechtenstein and Mexico in putting the topic of the rule of law on the Assembly agenda.  Member States must now clarify what they meant by the term, and approach it pragmatically.

He said no definition could apply to all legal traditions, but the Charter could serve as the basis for discussion, he said.  The Rule of Law Resource Group and its unit should be the centre for the coordination that was critical for the broad-based topic.  They would also help to avoid duplication and to promote coherence in rule of law activities.  Strengthening the rule of law at the complementary international and national levels was not just a matter of making new laws, but of monitoring their implementation, just as his country monitored national legislation to bring it into compliance with international obligations. 

ANDRIS STASTOLI (Albania) said his country had placed particular emphasis on the rule of law in the last two years, when it had come to terms with realizing that the difficult transition from a dictatorial system into a democratic one was not only a matter of ideology and economy, but also an arduous transition of mindset from rule “by” law to rule “of” law.  Democracy in Albania was now understood to be reinforcing the rule of law and the institutions safeguarding it with the proper mechanisms of checks and balances.  Concrete steps in that regard consisted of pursuing legislative and judicial reforms, while a transparent legal system was developed and made functional.

He said internal and external oversight institutions assisted the legal sector to increase transparency of courts, decentralize the process, fight corruption and increase professionalism and fairness.  Efforts had been made to ensure the applicability of the legislative systems and institutions with an eye towards integration with the European Union.

On the international level, he said, world leaders had reaffirmed their commitment to the rule of law through the United Nations in the 2005 Summit.  In East Timor and Kosovo, the United Nations had assumed direct responsibility for the administration of justice, and in other situations it had supported or supplanted domestic rule of law institutions.  The responsibility and accountability of the Organization in relation to applying the rule of law was immense.

MAZEN ADI ( Syria) said the Assembly had reaffirmed the importance of the rule of law at a time when the world was witnessing blatant abuses of the rule of law by those wielding the rule of power.  Despite the variety of forms of rule of law at the national level, the international rule of law must be based on the principles enshrined in the United Nations Charter.  Technical assistance must take into account the culture of the recipient, and there must be no violation of the principles of non-interference in internal affairs and respect for the sovereignty of nations.  While some were allowed to impose the rule of power on the weak because the global mechanism created to check that rule was inefficacious, the world was far from realizing a rule of law on the level of internal relations.  Establishing the new rule of law mechanisms under the Deputy Secretary-General was an important development towards rectifying the situation.

ANETE STIPNIECE ( Latvia) said a focal point for rule of law activities across the United Nations system was crucial for ensuring a coherent, efficient approach to that priority field.  The new Rule of Law Coordination and Resource Group and the Rule of Law Assistance Unit should be provided with adequate resources from the regular United Nations budget to ensure their full functioning.  A provision to that effect should be included in the draft resolution on the rule of law to be approved by the Sixth Committee during the current session.

She noted that in keeping with the provisions of General Assembly resolution 61/6, this year’s annual parliamentary hearing -- a joint United Nations-Inter-Parliamentary Union event -- would focus on the issue of “Reinforcing the Rule of Law in International Relations”.  The topic was further evidence of the high priority placed on the rule of law by Member States, and the need for adequate resources for the Secretariat’s focal point on the subject.

ARCHBISHOP CELESTINO MIGLIORE (Permanent Observer of the Holy See) said the role of the United Nations in the creation and implementation of international treaties was vital.  By ensuring that the principles of free consent, good faith and Pacta sunt servanda were respected, the Organization guaranteed that relations between States were regulated by applicable international treaties and governed by reason, justice and fair negotiations, rather than by fear, force or manipulation.  In enforcing those treaties, he said, the United Nations must be a neutral arbitrator and must respect the contracting intent and desire of the Parties.  The struggle against terrorism was necessary, but it must be established through effective enforcement of juridical instruments.

WILLIAM T. LORIS, Director-General of the Rome-based International Development Law Organization, said that body intended to support the United Nations initiative to strengthen the progressive development of the rule of law at the national and international levels.  He expressed satisfaction that the establishment of the Rule of Law Assistance Unit in the Secretariat had provided his organization, and similar inter-governmental bodies, a contact point in the United Nations system which was already creating synergies and efficiencies in the promotion of the rule of law.  He hoped the Unit would be reinforced and supported as required for it to fulfil its mission over the long term.

The International Development Law Association, established in 1983, has 18 member States, and aims to promote the rule of law and good governance in developing countries, countries in economic transition and countries emerging from violent conflict.

Introduction of Working Group Reports

ROHAN PERERA ( Sri Lanka), chairman of the Working Group on measures to eliminate international terrorism, introduced his group’s report by summarizing a briefing on the results of intercessional informal contacts that had been convened on 29 March, 21 June, 21 September and 4 October.  He said delegations during the contacts had declared their commitment to support efforts to finalize the draft comprehensive convention as a matter of priority, and had focused on draft article 18, related to activities governed by international humanitarian law and those to be governed by the convention.  The views expressed indicated that further delineation between the two was required, particularly so as to avoid impunity for military forces acting in their official capacity.  Concern was also expressed that the convention still left the door open to abuse.

Continuing, Mr. Perera said the coordinator of the draft comprehensive convention, Maria Telalian ( Greece), had stressed that the convention was a law enforcement instrument that would operate in context of other existing legal regimes.  She had also informed delegations about her participation in a high-level seminar on the convention held in Germany in September, and had noted that such meetings offered different perspectives and could promote understanding of the complex issues involved.

Referring to the informal bilateral contacts during the current session, Mr. Perera said they had been held to clarify how elements of a non-paper on the matter could be contextualized in the draft.  The issues involved the importance of the need not to affect the exercise of the right of peoples to self-determination; the need to capture concerns relating to “State terrorism”; resolution of matters concerning potential impunity of military forces; and the need to delineate between activities to be covered by the scope of the convention and those covered by humanitarian instruments.

Mr. Perera said Ms. Telalian, as coordinator, had clarified that article 18 should be viewed in the context of the other articles of the draft convention as a whole.  She had also pointed out that “unlawful” conduct and “any person” were key terms.  Further, the convention would operate within an overall international framework and that three points were to be stressed.  First, the overarching principles set out in the article now excluded from the scope of the convention the concerns related to the right of peoples to self-determination.  Second, the definition of acts of terrorism included acts undertaken by “any person”, and acts of military forces were now covered by an implied range of regimes.  Finally, the solution to concerns about overlaps between the convention and humanitarian laws could possibly be covered by recognizing such overlaps.

Summarizing the exchange of views in the Working Group, Mr. Perera said satisfaction had been expressed that the convention now did not interfere with the regime of international humanitarian law.  Other delegations had expressed doubt that their concerns were adequately addressed.  Views had also differed on the role and purpose of holding a high-level conference on the matter.  Ultimately, the momentum generated during the current session on the need for the early conclusion of the draft comprehensive convention contained the potential to facilitate agreement on the elements of an overall package.

When the Sixth Committee met again this afternoon, MARIA TELALIAN ( Greece), also chairperson of the Working Group on criminal accountability of United Nations officials and experts on mission, in an oral report to the meeting, said there was agreement in the group for a focus on some short-term measures to address the problem of criminal accountability.  Accordingly, she said, she had prepared a draft resolution incorporating elements of short-term measures on the basis of comments by delegations, as well as the recommendations of a Secretariat Note among documents before the Committee.

She said that the draft resolution was proceeding well in informal consultations.  She hoped the consultations would yield a positive result for the General Assembly to send an urgent and strong message that States should not tolerate criminal conduct by United Nations officials and experts on mission.

She said that details concerning the form of a possible legal instrument to be adopted on the subject were deferred for consideration by the Working Group at a later stage.  There was a general wish in the Working Group to focus on the elaboration of a resolution, bearing in mind the recommendations of the Secretariat Note.  Some delegations nonetheless reiterated their interest in the elaboration of a convention, according to the chairperson.

As an alternative to a convention, there was a suggestion of a possible amendment of the model Status of Forces Agreement, the Status of Mission Agreement, the Memorandum of Understanding and the hosting agreement.  This would address matters concerning criminal accountability of United Nations officials and experts on mission.  The chairperson said it was noted that the agreements referred to dealt with a different category of personnel, and also that the statistics revealing the nature of the problem would have implications on the final form of the instrument to be adopted.

Earlier, Ms. Telalian said that some delegations expressed preference for limiting the mandate of the Working Group to addressing questions of criminal accountability arising only in the context of peacekeeping operations.  It was felt that the scope of the application would have to be clearly defined in any negotiation of a legally binding instrument on the subject.  Some delegations stressed that military personnel working for the United Nations should be excluded from the scope of application, and be subject to exclusive national jurisdiction of the troop-contributing State.

In response to a request for a clarification of statistical information on alleged misconduct committed by United Nations officials and experts on mission, the Secretariat provided a copy of the annexes to the Report of the Secretary-General on Special Measures for Protection from Sexual Exploitation and Sexual Abuse (A/61/957), and a set of three informal tables containing further information on misconduct for the year 2006 and the period from 1 January to 30 September 2007.  While acknowledging that the subject matter had gained notoriety because of allegations of sexual exploitation, some delegations, according to the Working Group chairperson, saw no cogent reason for limiting the scope ratione materiae to crimes concerning assaults on the physical integrity of a person.  They suggested the inclusion of crimes concerning property, embezzlement, trafficking, bribery and corruption.

GANESON SIVAGURUNATHAN ( Malaysia), chairman of the Working Group on the administration of justice at the United Nations, in his oral report said negotiations on draft points of agreement in the group would continue during informal consultations to be announced.  If agreed, he said the points of agreement would be attached to a draft resolution or decision to be presented to the Sixth Committee.

Commenting on transitional measures, he said that when the new system of administration of justice began to function on 1 January 2009, there might be about 100 cases pending before the United Nations Administrative Tribunal, according to estimates.  Those cases could either continue to be considered by the current tribunal, in parallel with the new system, or be transferred to the United Nations Dispute Tribunal.  The view was expressed that litigants of pending cases should be encouraged to use the informal system for the resolution of their disputes.

At the outset of his statement, he said that some delegations supported the Secretary-General’s proposal that all personnel working for the United Nations should have recourse to the new system of the administration of justice.  The view was expressed that the new system should provide access to the officials appointed by the General Assembly, as well as experts on mission.  Others did not agree that the new system should cover individuals who were not United Nations staff and those of the Funds and Programmes, such as contractors and consultants.  They suggested that consideration should be given to alternative modes of dispute settlement for those individuals such as small claims commissions.

As regards legal assistance for staff, there was support by some delegations for the Secretary-General’s proposal for such assistance, while others said that the United Nations did not have an obligation to employ lawyers for that purpose.  According to the Working Group chairman, delegations generally supported the strengthening of the informal system of justice.  It was suggested that the relationship between the informal and the formal systems should be clarified by the inclusion of a provision in the statute of the United Nations Dispute Tribunal to regulate referral cases to mediation.

The Working Group chairman also dealt with the qualifications, selection and terms of reference of the ombudsman, the mediation mechanism, qualification of judges and their nomination, election and removal.  Some delegations supported the appointment of an ombudsman by the Secretary-General, but the view was expressed that this might raise questions of impartiality and independence.  Some delegations did not consider legal training an essential condition for the engagement of an ombudsman, stressing instead experience on mediation and negotiation.

According to the Working Group chairman, many delegations agreed -- in principle -- with the Secretary-General’s proposal on qualifications of judges of the United Nations Dispute Tribunal and United Nations Administrative Tribunal.  The only proviso was that gender and regional balance should be respected in their nomination and selection.  As proposed by the Secretary-General in his report, delegations agreed that judges should be removed only by the General Assembly, and exclusively on grounds of proven misconduct or incapacity.

Other topics considered by the Working Group included terms of office of judges, their jurisdiction, the powers of the tribunals, and the rules of procedure of judges of the two tribunals.

* *** *

For information media • not an official record