Sixty-third General Assembly

Sixth Committee

6^th & 7^th Meetings (AM & PM)

LEGAL COMMITTEE IS TOLD DEVELOPMENT OF ‘RULE OF LAW’

 

NEEDS FULL PARTICIPATION OF NATIONAL STAKEHOLDERS

 

Delegates Say Standards Cannot Be Imposed, Domestic

Support Required; Work of Secretariat Unit is Commended

Development of the rule of law depended on full participation of national stakeholders, Asha-Rose Migiro, Deputy Secretary-General of the United Nations, told the Sixth Committee (Legal) today, as it took up its discussion on the rule of law.

No programme could succeed if imposed from the outside and without national authorities leading the process, she added.  Her address to the Committee today was in her capacity as Chair of the Rule of Law Coordination and Resource Group established last year with the Rule of Law Unit as its support mechanism.

Also addressing the Committee today was the United Nations Legal Counsel, Patricia O’Brien, who said the issuance of a guidance note to the whole of the United Nations system had set out a common approach to promoting rule of law at the national level.  That was a major step towards the United Nations developing “institutional memory” in promoting and implementing the rule of law.  Rule of law assistance needed to be consistent and continuous, from peacemaking to peacebuilding and through long-term development.

Switzerland’s representative said he was pleased with the work of the Group and called for the Rule of Law Unit to become part of the ordinary budget, since only sufficient and sustainable financing would allow for effectiveness.  Also, rule of law principles should be respected by the Organization itself.  Guarantees of due process, criminal accountability, the reform of the internal justice system and the better implementation of rule of law standards in peacekeeping and peace enforcement missions were of the utmost importance.  Those issues should be placed in the context of rule of law.

Acknowledging the United Nations as an ideal forum for rule of law activities, Singapore’s representative recalled that the rule of law should not be used to impose the cultural values of any particular country, or group of countries, on others.  However, such attempts were made every year, he added, “most stridently, perhaps, in the Third Committee” (Social, Humanitarian and Cultural).

China’s representative agreed that it was the right of each country to choose the rule of law model most suitable to its domestic conditions.  Applying international law in a selective and unilateral manner would only reduce it to a tool of “power politics”.

Also affirming the need to balance national and international dimensions of the rule of law, Cuba’s representative warned, on behalf of the Non-Aligned Movement, that the United Nations should only undertake rule of law activities at the request of recipient Governments.  Due respect should be accorded to national customs, as well as to political and socio-economic realities.

Likewise, Bangladesh’s representative said strengthening the rule of law resided in a broad call to action, international solidarity and multilateral cooperation.  Concrete measures, such as financial and technical assistance, were particularly necessary to moving forward rule of law activities in developing countries.

Speaking on behalf of the European Union, France’s delegate affirmed that the Group, supported by the Unit, would facilitate consistency, coordination and quality control among rule of law activities.  New Zealand’s representative, speaking also for Canada and Australia, warned, however, that assessment of effectiveness still needed to be developed, particularly at the country level.

Kenya’s representative, on behalf of the African Group, called for the transformation of the Group and Unit into a full-fledged division.  Liechtenstein’s delegate said sustainable resource arrangements for the Unit were overdue.  Given the increasing complexity and scope of United Nations activities, convening informal meetings between States and the Group to discuss priority areas could be useful.

Also speaking today were the representatives of Mexico (on behalf of the Rio Group), Guatemala, Republic of Korea, Egypt, Japan, Pakistan, India, Democratic Republic of the Congo, Indonesia, Mozambique, Norway, Zambia, Nigeria, Myanmar and Iran.

Other speakers were delegates of Lesotho, Kazakhstan, Lao People’s Democratic Republic, Trinidad and Tobago, Russian Federation, Viet Nam, United Republic of Tanzania, Qatar, Ghana, Libya, Syria, United States, Kuwait and Venezuela.

The Committee will meet again at 10 a.m., tomorrow, Tuesday, 14 October, when it is expected to conclude its current consideration of the rule of law.

Background

The Sixth Committee (Legal) met today to begin consideration of its agenda item on the Rule of Law.

It has before it a report by the Secretary-General on the rule of law at the national and international levels (document A/63/64), which contains an inventory of the Organization’s current rule of law activities, based on information provided by 40 United Nations entities.  Taken as a whole, the inventory provides comprehensive and up-to-date information on the capacity of the United Nations to promote the rule of law at the national and international levels, in response to the specific needs of Member States.

Intended to serve as a practical guide for the promotion of the rule of law at the national and international levels, the report is divided into two parts, a general section containing information about the inventory in terms of its mandate, preparation and content, and the actual inventory of activities, divided into those that relate to international promotion of rule of law and those relating to national promotion.

At the international level, the report continues, activities are broken down into categories that relate to the teaching, dissemination and promotion of international law; assistance in domestic implementation; dispute resolution; and finally, conflict resolution and transitional justice.  At the national level, activities are broken down into those that relate to the promotion of rule of law at the national level and those that relate to the administration of justice and law enforcement.

An annex to the report contains a list of the United Nations entities engaged in rule of law activities and references the corresponding paragraphs in the inventory where their activities are mentioned.

Also before the Committee is a report by the Secretary-General on revised estimates relating to the programme budget for the biennium 2008-2009 related to the Rule of Law Unit (document A/63/154), by which he requests the General Assembly to approve seven new posts and to appropriate $953,800 in extrabudgetary resources for the Rule of Law Unit under the 2008-2009 programme budget.

As an inter-agency body chaired by the Deputy Secretary-General, the Rule of Law Unit provides a central address for rule of law activities, according to the report.  The Unit helps to strengthen and rationalize United Nations capacities in that regard among various departments, agencies, funds and programmes.

The report also says the Rule of Law Coordination and Resource Group was established under the auspices of the Unit, because rule of law activities have often been carried out in a duplicative, segmented or ad hoc manner.  The Group works to ensure quality, policy coherence and system-wide coordination among rule of law activities.

The Secretary-General’s report on strengthening and coordinating United Nations rule of law activities (document A/63/226) contains an inventory of activities related to the field, and recommendations by the Secretary-General for further steps in the area.  An annex carries views about rule of law activities at the national, regional and international levels from 12 Member States -- Belarus, Cuba, Ecuador, Japan, Kuwait, Libya, Mexico, Mongolia, Norway, Sweden, Slovenia and Switzerland.

By definition in the report, “the rule of law involves adherence to a principle of governance whereby all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards”.  Among recommendations for cultivating a just, secure and peaceful world, Member States and stakeholders are called upon to work towards appropriate application of the rule of law and to reaffirm their existing commitments to it.

Despite advances, the report says, more needs to be done to ensure consistent integration of rule of law activities into all aspects of United Nations engagement at the country level.  This engagement should be appropriately balanced, harmonized and responsive.

Since 40 different United Nations entities work on rule of law activities, the nature of the work is complex, the report goes on.  In that regard, the Rule of Law Coordination and Resource Group, as the main coordination body for these activities, has taken measures to avoid duplication and maximize synergies among these agencies by assuming a strategic, results-based approach to the work.  The Rule of Law Unit, which supports the Resource Group, must be allotted sufficient resources to continue its work.

The Secretary-General notes that it is imperative to better demonstrate the impact on individual people of the operation of the rule of law.  This could be accomplished through joint assessments, strategies and programming in the field.  It is also imperative to focus, more wholly, on national perspectives of the 110 countries with ongoing rule of law operations, and to strengthen partnerships with those States to promote shared objectives.

Further, in his recommendations, the Secretary-General calls for the acceptance of the jurisdiction of the International Court of Justice and for strengthening the work of the Court and other international dispute tribunals.  He also recommends developing and codifying international law by ratifying international treaties, abiding by the rules of customary international law and implementing, effectively, all aspects of international law.

Capacity-building among Member States and national and international justice mechanisms is also important in combating impunity and strengthening universal justice, according to the report, which adds that Member States and stakeholders must recognize in United Nations resolutions the importance of the rule of law to establishing peace and development.  To this end, ensuring comprehensive mandates and sufficient resources for rule of law activities is required.

Introduction of Reports

PATRICIA O’BRIEN, United Nations Legal Counsel, introduced the reports of the Secretary-General on the rule of law.  She said that, with her appointment as Legal Counsel, she felt a great attachment to the “college of international lawyers in the service to the international community”, and the Sixth Committee achieved admiration for the “enormous and sometimes painstaking work” which over the years had gone through the Committee in advancing the progressive development and codification of international law.  The language of international law, she added, was what bound together efforts towards a peaceful, secure and prosperous world community; it was critical to the United Nations’ endeavours to maintain international peace and security, and to bring an end to impunity for serious international crimes.  Promoting the rule of law at the national and international levels was central to the mission of the United Nations.

Taking up the inventory of rule of law activities, she said that, while some listed activities relied on a general mandate, others were specifically designed to answer the needs of Member States in a particular situation.  Taken as a whole, the inventory gave a valuable illustration of the current capacity of the Organization to perform a broad range of activities in response to the needs of Member States.

Continuing, she said the issuing of a Guidance Note to the whole of the United Nations system, setting out a common approach to promoting rule of law at the national level, was a major step towards the United Nations developing “institutional memory” in promoting and implementing the rule of law.  In that regard, rule of law assistance needed to be consistent and continuous, from peacemaking to peacebuilding and through long-term development.

Statements

ANDREW WILLIAMS (New Zealand), speaking also for Australia and Canada, said he supported the Secretary-General’s characterization of the Rule of Law Unit’s three areas of activity -- the coordination of assistance, the development of strategies and policy, and enhancement of partnerships.  Measures to assess the practical effectiveness of activities should be developed, particularly in the country-specific area.  Clearer time frames for achieving objectives should also be established; the establishment of a Unit website would contribute to that.

He said he supported the selection of one or two sub-topics on which to focus work, based on strengthening the international criminal justice regime at the international and national levels.  In particular, those sub-topics would include the so-called “residual” or “legacy” issues that arose as international and hybrid criminal courts and tribunals completed cases.  Examples of such issues included review of new evidence, consideration of further proceedings, access and control of confidential documentation, sentence fulfilment and enforcement.  Any potential role for the International Criminal Court should also be considered.

The urgency for addressing those “residual” issues was growing, he said.  The informal work being carried out in the Security Council in relation to the tribunals and the work done by the Special Court for Sierra Leone were welcome.  The issues would relate also to the work done by the Extraordinary Chambers in the Courts of Cambodia and that of the future Special Tribunal for Lebanon.  The first of the ad hoc tribunals could close in 2009.  The international community must be prepared by addressing those issues.

HUBERT RENIE (France), speaking on behalf of the European Union and associated States, said the establishment of the Rule of Law Coordination and Resource Group, supported by the Rule of Law Unit in the Secretary-General’s Executive Office, would facilitate consistency, coordination and quality control of United Nations initiatives in the area.  The work already done towards the development of a joint strategic plan for rule of law activities was particularly welcome.  All necessary assistance and support should be provided so that the Group and Unit could fulfil their functions and work without financial, technical or administrative obstacles.  Sustainable, permanent financing should be established as soon as possible.

The inventory of activities in promoting rule of law reflected both the progress already achieved in the area and the Organization’s role in the achievement of that progress, he said.  It also set out the challenges facing the United Nations in integrated rule of law more systematically into country-level initiatives.  To improve the Legal Committee’s work in the area, and to enable it to respond quickly and concretely, the recommendation to identify one or two specific themes each year should be adopted.

“The strengthening of criminal justice at both the national and international levels” could be one such theme, he said.  It combined a national and international dimension and provided an opportunity to examine issues such as technical assistance and capacity-building of national and international criminal justice systems.  Similarly, the theme of “work and legacy of international criminal courts” could also make for a constructive debate.  It would be useful for the Secretary-General to prepare an annual report on activities of the United Nations system in the field of the rule of law, with a focus on the year’s specific theme or themes.

ISMARA VARGAS WALTER ( Cuba), speaking for the Non-Aligned Movement, said Member States should renew their pledge to uphold, preserve and promote the United Nations Charter and international law, with the purpose of advancing towards the achievement of full respect for international law.  In particular, the Non-Aligned Movement remained concerned about the application of unilateral measures, stressing their negative impact on the rule of international law and international relations.  Underscoring the importance for Member States to fully respect the functions and powers of each particular organ of the United Nations, she said she was concerned about the continuing encroachment by the Security Council on the functions and powers of the General Assembly and the Economic and Social Council.

In that connection, she continued, the General Assembly had to play a leading role in promoting and coordinating rule of law activities.  However, the international community must not replace the national authorities in that area.  Rule of law activities should be undertaken at the request of interested recipient Governments, strictly within the respective mandates of United Nations funds and programmes.  It was also necessary to consider national customs and political and socio-economic realities to prevent the imposition of pre-established models on Member States that would hinder the solution of the existing problems in each country.

She said the need to balance national and international dimensions of rule of law was indispensable; the rule of law from the international dimension needed greater attention, since there was an emphasis on the national level.  Regarding the Rule of Law Assistance Unit, she said appropriate mechanisms should be established for Member States to stay abreast of the Unit’s work.

ALEJANDRO ALDAY (Mexico), speaking for the Rio Group, said that, given the length and fruitful discussions of the past two years, the Sixth Committee was now in a better position to consider different issues associated with the rule of law in a more oriented way.  Noting that the United Nations was conducting ongoing operations and programming activities through the work of 40 of its entities and across 110 countries, the need for more and better coordination and strengthening of the work of the United Nations in that area was self-evident and constituted an urgent task towards improving the Organization’s effectiveness.  He said the Rio Group was confident that, under the leadership of the Deputy Secretary General, the coordination and decision-making processes would focus on prioritizing key areas and ensuring policy coherence of the United Nations.

At the international level, he said efforts must be based on commonly agreed values, like those embodied in the United Nations Charter and other treaties, principles and documents listed in paragraph 24 of the Secretary-General’s report (document A/63/226).  At the national level, the success of rule of law programmes required an in-depth understanding of political context and had to support the needs, aspirations and national assessments of Member States.  In that regard, the sovereignty of States and the rule of law at the international level were fully reconcilable concepts.

Revisiting proposals the Rio Group had made last year, he said he hoped the Sixth Committee would continue to focus on the role of the International Court of Justice and other international courts and tribunals in promoting the application of international law by States.  He also urged the Sixth Committee to continue discussions on the implementation of international standards at the national level and how to harmonize them within national legislation.

WANJUKI MUCHEMI (Kenya), speaking for the African Group, said the Rule of Law Assistance Unit should be transformed into a full-fledged division with a regular budget to streamline its planning and operation programmes.  The proposal to adequately fund and staff the Unit was welcome, as was the proposal to enhance the capacity for capacity-building programmes.  To ensure an effective discharge of the Unit’s mandate, that mandate should be clearly defined.  To sustain long-term relevance, the Assembly should agree on a universally-agreed understanding of the elements of the rule of law to clarify the mandate.  There must be focus, among other things, on assisting the Peacebuilding Commission as it marshalled resources to ensure sustaining peace in countries emerging from conflicts, situations that were characterized by a breakdown in the rule of law and upsurge in transnational organized crime.

He said the absence of a definition of rule of law was an opportunity to consider a diversity of interpretations to achieve a common understanding.  In Africa, the founding treaty of the African Union, as well as the blueprint for development, the New Partnership for Africa’s Development (NEPAD), recognized the rule of law as a core value and principle.  It was linked to an environment conductive to democratic governance, accountability, transparency and respect for rights.  The African Peer Review Mechanism, to which 26 States now subscribed, put emphasis on the rule of law through good governance.

Finally, he said the Security Council wielded the primary responsibility to take binding and enforceable decisions on questions of peace and security.  It could only be effective in promoting the rule of law if its structure, composition and working methods were reformed.  The Council’s decisions must be respected and implemented in an even-handed manner, particularly in relation to sanctions.  Double-standards in applying international law were a sure recipe for chaos and disorder in inter-State relations.  Approaching the question of rule of law on the basis of “issues” would be appropriate in view of the multi-dimensional character and the socio-political context in which rule of law thrived.

STEFAN BARRIGA ( Liechtenstein) said the Rule of Law Group filled an important gap, and sustainable resource arrangements for the Unit were overdue.  The commitment of Members to the core principles of the international rule of law must be renewed.  A more visible and action-oriented document on the rule of law should be elaborated over the next two or three years to replace the annual resolution currently adopted each year.  A priority should be on strengthening accountability and dispute resolution mechanisms.  Priority should also be given to the Group undertaking to close up gaps in technical assistance for implementation of international norms and standards:  in particular, it should assess needs for technical assistance beyond the traditional priority areas.

Another “disconnect” that should be remedied step by step, he said, was that between the United Nations role as a legislative forum and its own application of relevant rules of international law.  The rule of law at the “institutional” level was a conceptually challenging notion that required United Nations organs to examine the extent to which they were bound by both the Charter and the applicable rules of customary international law.  Given the ever-increasing scope of United Nations activities, improving internal adherence to international law was indispensable for upholding the Organization’s legitimacy and credibility.  At the national level, it could be useful to convene informal meetings between States and the Group to discuss focus areas.  Issues such as donor coherence and perspectives of recipient countries would be particularly relevant considerations in such a format.

EMMANUEL BICHET ( Switzerland) said the protection, development, promotion and implementation of the rule of law were undoubtedly at the core of the United Nations mandate.  The Secretary-General’s impressive inventory of the current activities of the various organs, bodies, offices, departments, funds and programmes demonstrated that rule of law issues were cross-cutting and relevant to the United Nations system as a whole.  While the specificities of the different United Nations actors had to be preserved, it was imperative to better coordinate the numerous rule of law activities so as to strengthen their coherence and increase their effectiveness.

He said Switzerland was pleased with the establishment of the Rule of Law Coordination and Resource Group and believed that the Rule of Law Unit supporting the Group should become part of the ordinary budget; only sufficient and sustainable financing would allow the Rule of Law Unit to have an effective impact in the long run.  In addition, rule of law principles that applied to Member States should also be respected by the Organization itself.  Guarantees of due process in relation to Security Council regimes, criminal accountability of United Nations personnel, the reform of the internal justice system and the better implementation of rule of law standards in peacekeeping and peace enforcement missions were of the utmost importance.  Those issues should be placed in the wider context of the common support for the rule of law at the national and international levels.

ISMAT JAHAN (Bangladesh) said that, while Member States had expressed their respect and faith in rule of law in the preamble of the United Nations Charter, further progress in strengthening the rule of law had been made through adoption of several consensus documents:  the Millennium Declaration, the Secretary-General’s reports in 2004 and 2006, and the outcome document of the 2005 World Summit.  However, the desired goals had not yet been achieved because, in some cases, of obstructions caused by lack of technical and financial capabilities at national levels in developing countries.  Other setbacks were caused by lack of uniform enforceability of international law.  Strengthening the rule of law needed a broad call to action, international solidarity and multilateral cooperation.

He said concrete measures, such as necessary financial and technical assistance, must be provided to developing countries, in particular the least-developed.  To ensure effective implementation of national and international law, multilateral initiatives should focus on the country-specific needs for capacity building.  Calling the institutional mechanism for the rule of law “the basic requirement for ensuring compliance”, he said measures should be taken to increase the number of States parties to international legal instruments.  That would help to develop and codify international law and standards.

In respect of the rule of law at the international and national levels, he said Bangladesh believed it was the universal and non-selective application of law that helped to achieve freedom from fear and want.  At the national level, Bangladesh had undertaken reforms in the administration and the judiciary, as well as in the areas of anti-corruption and electoral procedures.  Reforms had also been undertaken in modernization of the Bangladeshi police department.  His country had established an Independent Human Right Commission and also a Truth Commission.  The full implementation of those new bodies would require technical and capacity-building support from the international community.

ANA CRISTINA RODRIGUEZ-PINEDA ( Guatemala) said the inventory showed that the United Nations was dedicated to the rule of law, without which there was no justice anywhere in the world.  The Legal Committee’s consideration of the rule of law was an important contribution to international discourse, and it was important for the Committee to maintain consensus.  Rule of law really meant the maintenance of legal order enshrined in a constitution.  The international community needed to renew its commitment to the development of a culture of tolerance and a repudiation of impunity.

She said Guatemala had adopted a commission against impunity just last year, which was investigating 15 “high impact” cases involving issues such as drug trafficking, money laundering and “feminicide”, a crime that had already been outlawed.  The Government was addressing those pressing problems by working with the Group and also through cooperative agreements with other entities and States.  Legislative actions were under consideration.  Obviously, the rule of law was linked at the international and national levels, and Guatemala’s commitment to it was enshrined in the Constitution.  The Rule of Law Group and Unit could help in promoting rule of law at national level by responding to requests for assistance, and by ensuring that countries had national ownership in the assistance provided. 

JUANA ELENA RAMOS RODRIGUEZ (Cuba), speaking for her country, said the Security Council must totally respect all Charter provisions and General Assembly resolutions concerning its relationship with the other main United Nations bodies.  A danger was posed by the Council’s encroachment in questions that fell within the functions and powers of other main bodies and subsidiary ones.  She referred to the Council’s “attempts to deal with standards and definitions that were the Assembly’s province”.

Another concern, she said, was the unilateral exercise of extraterritorial criminal and civil jurisdiction by national tribunals when that jurisdiction did not emanate from international treaties or other obligations under international law, including international humanitarian law.  The promulgation of national laws against other States based on political reasons was to be condemned; such measures which impacted negatively on the rule of law at the international level must stop; so should the unilateral evaluation and certification of other States’ conduct as a means of exerting pressure on developing countries, through unilateral economic sanctions and other measures of intimidation.

She said the scope of rule of law at the national level should encompass principles common to any country, such as a legal order in which all acts that contravened the adequate development of the society were expressly legislated.  There should be adherence to rules, equality in their application and the inclusion of a structure that guaranteed full compliance and recognized democracy, as well as justice and social order.  The particular circumstances of countries should be taken into account, and the international community must take care not to replace national authorities in individual countries in the task of establishing or strengthening the rule of law in those countries.

CHULL-JOO PARK ( Republic of Korea) said taking up discussions on the rule of law in the Sixth Committee provided an excellent opportunity to renew a firm commitment to the rule of law and to the purposes and principles embedded in the Charter of the United Nations.  Noting that the crucial significance of the rule of law was recognized by world leaders in the 2005 World Summit Outcome Document, he said he supported the idea of choosing subtopics for more focused discussion on the matter.  Efforts should be made to avoid duplication on such agenda items as the Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization.

He said the activities of the Rule of Law Coordination and Resource Group and the Rule of Law Unit should be strengthened and their coordination capacities should be enhanced.  When providing rule of law assistance to countries in need, those bodies should pay due attention to the perspectives and voices of the recipient countries.  Taking note of Article 33(1) of the United Nations Charter on dispute resolution, he said States had a free choice as to the mechanisms adopted for settling their disputes in a peaceful manner.

GUO XIAOMEI ( China) said exchanges on the rule of law were beneficial to enhancing mutual understanding and expanding consensus among States.  However, at the national level, it was the right of each country to choose the rule of law model most suitable to its domestic conditions.  Countries could then share experiences and learn from each other to make their models work better.  Noting the enormous effort made by developing countries in building domestic rule of law, she said the international community should uphold the principles of sovereign equality and non-interference, while strengthening cooperation among States.

Turning to the rule of law at the international level, she said the United Nations Charter and the fundamental principles of international law established by the Charter constituted the nucleus of the existing international legal order and the cornerstone of the orderly development of international relations.  Countries had to manage international affairs in true conformity with the Charter and those principles.  In that regard, international legislative instruments should be adopted by consensus, to the extent possible, and reflect the interests and concerns of countries in a balanced manner.  The selective and unilateral application of international law would reduce it to “a tool of power politics”.  Rather, promoting the democratization of international relations required countries to jointly manage international affairs through broad participation and consultation on equal footing.

Noting China’s support for the establishment of the Rule of Law Coordination and Resource Group and the Unit of Rule of Law, she reiterated that a considerable part of rule of law-related activities by the United Nations had been accomplished through the work of developing countries.  Therefore, the Secretariat and departments involved in rule of law activities should take in more staff members from developing countries.  She said the discussion on the observance of the international rule of law -- in particular, through the domestic implementation and interpretation of international treaties -- should be a priority for the Sixth Committee.  The Committee should also focus on deliberations about strengthening the rule of law through technical assistance and capacity-building.

When the Committee met this afternoon, NAMIRA NEGM ( Egypt) said her country believed that the rule of law at the national and international levels had to be in accordance with general principles on the basis of justice, sovereignty and respect for the territorial integrity and political independence of all States.  That entailed refraining in international relations from the threat or use of force in any manner inconsistent with the purposes and principles of the United Nations, supporting the settlement of disputes by peaceful means and respecting the right to self-determination of peoples still under colonial domination and foreign occupation, among other things.

She said Egypt attached importance to ending the misuse by States of the principle of Universal Jurisdiction, with disrespect to the principle of territoriality of the national laws.  Such conduct impacted negatively on the stability of international relations; the enforcement of that principle solely on the nationals of African States was a clear violation that needed to be tackled.

It was important, she said, to support United Nations efforts in capacity-building of national institutions working on rule of law enforcement.   Egypt appreciated efforts aimed at strengthening the rule of law and assisting States in building their capacities.  Coordination among all the different United Nations organs involved was also important, and the problems of the current deficit in financing the rule of law programmes should be resolved so that the United Nations could fulfil its role in that regard.

She said she welcomed Mexico’s suggestion on the importance of observing the implementation of decisions of the judicial organs of the United Nations, among the activities aimed at the promotion of the rule of law at the international level.  She suggested that that should include the observance of the implementation of the advisory opinions of the International Court of Justice, based on their legal, moral and ethical values, in a manner that, on the one hand, led to strengthening the Court’s role and, on the other, would underline the concept of the rule of law.

TOMOHIRO MIKANAGI ( Japan) said that, believing the rule of law was essential in the maintenance of peace and security, Japan had been doing all in its power to promote rule of law in the international community.  United Nations organs engaged in similar activities should be coordinated closely, so that they avoided duplicating their efforts; it appeared that different organs seemed to be engaged in similar activities.

In terms of strengthening the rule of law at the international level, he said his country believed that the role of international courts such as the International Court of Justice and International Tribunal on the Law of the Sea were of great importance, as were the international criminal tribunals.  To that end, Japan had become a party to the Rome Statute of the International Criminal Court last year.  As the largest financial contributor to the Court, Japan continued to make efforts to strengthen its contribution to the Court, including through its human resources.  He said he hoped more States would join the Court so that it could improve its universality.  To that end, his country was ready to cooperate with countries which were considering the accession to the Rome Statute, sharing its own experience.  With regard to the Extraordinary Chambers in the Courts of Cambodia, Japan continued to exert every effort to help the body in the early implementation of trials.

With regard to the enhancement of the rule of law at the national level, he said his country had been providing technical assistance for the establishment of the rule of law in such areas as South-East Asia, and if there were any request from other regions, Japan stood ready to consider possible cooperation, he added.

K.K. AGHA ( Pakistan) said the rule of law played a pivotal role in post-conflict divided societies, and the principles of the rule of law were critical to the realization of social and economic justice, and for the implementation of political, economic, cultural, religious and environmental rights.

Although each conflict situation was unique with its own dynamics, he said there was a need to integrate justice and rule of law requirements into any international or United Nations involvement in post-conflict societies.  Those societies had to be helped to stand on their own feet through building national institution capacity, particularly in the judicial area.  To that end, good use of indigenous and informal traditions for administration of justice and settlement of disputes could be made possible, if those were consistent with international standards.

He urged that resolutions and decisions of the Security Council needed to be implemented uniformly and without discrimination, and also with equal force, irrespective of their falling within Chapter VI or Chapter VII of the Charter, explaining that selective implementation created an unjust environment, deepened conflicts and compounded the suffering of the people.  It also eroded confidence in the system and undermined the Organization’s credibility.

VISHVJIT P. SINGH ( India) said he hoped the Rule of Law Coordination and Resource Group would be able to fulfil its functions as a focal point for coordinating system-wide rule of law activities, and in helping to coordinate the activities of all specialized agencies and organizations of the United Nations.  The Secretary-General had rightly pointed out that, despite its experience and expertise, the United Nations suffered from underfunded mandates and shallow capacity.  The Organization needed to enhance its expertise and capacity in several rule of law areas.  On the other hand, there was an urgent need to move towards approaches that were nationally driven and sustainable, and which could gather the necessary political and popular support.

He said it had been seen that merely providing generic expertise with model legislation or visits by foreign experts were often less helpful than the use of local expertise.  The Secretary-General’s Report correctly identified partnerships with national rule of law stakeholders as a key; those partnerships could provide insights on the dynamics beneath key concepts and suggest innovations to improve the likelihood of a successful programme.  It needed to be kept in mind that the United Nations was but one actor in the field.  The absence of strategic planning and coordination among all rule of law entities could produce duplication and waste energy and money.  Therefore, greater coordination and coherence within the United Nations had to be matched with coherence with other rule of law actors.

Briefing by Deputy Secretary-General

ASHA-ROSE MIGIRO, Deputy Secretary-General of the United Nations, repeating an initiative she had instituted last year as Chair of the Rule of Law Coordination and Resource Group, gave an informal briefing to the Committee on the work of the Group and on that of its supporting Rule of Law Unit.   She noted the three reports before the Committee and said the importance of the rule of law could not be overstated at the international level, nor could that of the critical interface between national and international order.  Member States must have assistance in developing capacities to ensure effective enforcement and enjoyment of a just national and international order.

In that regard, she said national ownership must be ensured.  Development of the rule of law depended on full participation of national stakeholders.  No programme could succeed if imposed from the outside and without national authorities leading the process.  The role of the United Nations was to provide the space and mobilize the resources for national stakeholders to develop and implement their vision, national plans and programmes.

Currently, she said the United Nations was conducting rule of law activities in 110 countries in all regions of the world.  The Group, created last year to coordinate and strengthen those activities, brought together nine leading United Nations departments and agencies.  The small but substantial Unit had delivered tangible results, including the adoption of a guidance note on the United Nations approach to rule of law assistance, which outlined overarching principles and constituted a policy framework for the United Nations system.  A guidance note on justice for children had also been developed under the leadership of the United Nations Children’s Fund (UNICEF).

She said United Nations departments and agencies had strengthened rule of law capacities to fill gaps, but reinforcements would be needed for operational entities in the field.  Also, a joint strategic plan for 2009-2011 was in development, but rule of law assistance needed to be more coherent and effective.  The Rule of Law Unit had been running on an interim basis, staffed through secondments from other department.  Those arrangements could not be open-ended.  A sound and sustainable financial basis must now be created.

Further Statements

ZENON MUKONGO NGAY ( Democratic Republic of the Congo) said the Deputy Secretary-General had demonstrated the synergy between the rule of law at the international and national levels.  The concept of peace through law had been the founding principle of the United Nations.  The rules of international law were often ignored by officials at the national level.  Only by educating judges and legislators would the rule of law at the international level be developed and promoted.  Universities were at the forefront of introducing awareness of international law at the national level.  Close cooperation with academic institutions should be strengthened.

He said his Head of State had reaffirmed the country’s commitment to the rule of law when he had addressed the General Assembly in September.  The fact that Congolese issues had been among the first matters to be taken up by the International Criminal Court was a demonstration of the country’s commitment to the rule of law.  A plan of action had been developed for the necessary reform of the criminal justice system in the Democratic Republic.  Now it was hampered by judicial challenges, as well as physical, as in lacking adequate facilities for holding suspects or lack of capacity to conduct investigations.  The Resource Group should be enabled to assist countries in those matters.

R.M. MARTY M. NATALEGAWA ( Indonesia) said Indonesia had always been a firm proponent of the rule of law.  The diverse areas of activities at the global level were of great interest to the country, and the report identified four areas:  activities meant to promote greater knowledge, awareness or understanding of international law; activities aimed at promoting the domestic implementation of international law; international dispute resolutions; and finally activities aimed at promoting conflict resolution and transitional justice.

At the national level, the first focus was on strengthening administrative institutions and addressing public law and governance.  Then, there were activities to strengthen the administration of justice and law enforcement.  Indonesia believed both those broad categories, as well as their individual subcategories, were extremely relevant to every Member State and the international community.  Implementing those activities, and improving the capacity for their implementation, was important for harmony among States, and sustainable development and peace.

As a young democracy, he said, Indonesia believed that the rule of law was at the heart of social and economic progress.  Democracy and the rule of law were interrelated since only with respect for one could the other flourish.  Indonesia would like to see equal attention paid to international and national areas as the Assembly reviewed the scope of the rule of law.  The United Nations was best situated to encourage and assist States develop and strengthen their rule of law capacity, and he hoped the assistance unit would fulfil its potential.

ZUNGJIE CHONG ( Singapore) said that, like other small States, Singapore had a vested interest in a multilateral system bound by fair and transparent laws.  Clarity and predictability in the governance of areas such as trade in goods and services, and the freedom of navigation, were critically significant to Singapore.  International law regimes set out the rights and obligation of States, as well as methods for resolving disputes.  By regulating the behaviour of States and encouraging predictability in their interaction, the international community reduced the temptation towards unilateralism and one-upmanship.

Upholding the rule of law at the international level was one of Singapore’s major tenets, he said, and it took its international obligations seriously.  When it joined a treaty, Singapore agreed to strictly conform with its obligations under the instrument.  Once a State had ratified a treaty, he added, it was legally bound to comply with the spirit and letter of all its provisions.  There was no room for selective compliance based on unilateral interpretation.  Otherwise, there could be serious consequences.

He said the United Nations was an ideal place to negotiate norms and standards that could add to the body of international law, but the forum should not used to impose the cultural values of any particular country, or group of countries, on the rest of the international community.  Such attempts were made every year, he said, “most stridently perhaps, in the Third Committee” (Social, Humanitarian and Cultural).  He said Singapore categorically refuted those attempts to “impose a hegemony of thought”; it was comforted by the principles of the United Nations Charter, in particular, Article 2, paragraph 7, which clearly stipulated that nothing contained in the Charter should authorize the United Nations to intervene in matters which were within the domestic jurisdiction of a State.

CRISTIANO DOS SANTOS ( Mozambique) said an international order based on the rule of law and international law was an essential foundation for peaceful coexistence and cooperation among States, as well as for sustained growth, sustainable development and the eradication of poverty and hunger.  Promoting universal adherence to the United Nations Charter and international law could be done through encouraging further treaty ratification and adherence, wider promotion, dissemination and teaching of international law, and the wider participation of States in codification and progressive development exercises.

He said particular attention should be given to enhancing national capacities to implement international legal instruments.  The establishment and consolidation of different institutions involved in the administration of justice, including a strong and independent judicial system, fully accessible to all citizens, would allow the rule of law to take root and develop.

He said coordination and cooperation with regional and subregional bodies, such as the African Peer Review Mechanism, was also of great importance, to deliver assistance in accordance with their specific needs and priorities.  He added that he supported the ongoing work of the Rule of Law Coordination and Resource Group and called for exploring ways and means to maximize available financial resources that could be put towards responding to emerging needs in the rule of law field.

ASMUND ERIKSON ( Norway) spoke of the 2005 Summit Outcome Document, which called for rule of law activities, rooted in the United Nations Charter and international law.  That document, he noted, also called for the recognition of an effective multilateral system, respect for the sovereign equality of States, and the need to resolve disputes peacefully.  He said he accepted the compulsory jurisdiction of the International Court of Justice and reiterated the need to progressively develop, codify and implement international law.  He spoke of Norway’s renewed efforts to combat impunity and strengthen universal justice, through the International Criminal Court and the international ad hoc and hybrid tribunals.

It was vitally important, he added, that the United Nations set an example in promoting the rule of law and welcomed the development of a professional, independent and decentralized internal justice system at the United Nations.  Expressing concern over the procedural rules in the Security Council’s targeted sanctions regimes, he said a fair and transparent procedure for listing those subject to sanctions included the right to be informed and heard, and the right to review by an independent, effective mechanism.

He said a rule of law framework at the national level should include a constitution or its equivalent.  Enhanced sustainable technical assistance to Member States and the integration of the rule of law agenda into United Nations country engagement was important.  The establishment of the Rule of Law Coordination and Resource Group and the Rule of Law Unit would help to improve the effectiveness of United Nations work.  He was encouraged that the Organization had begun to take a strategic, results-based approach to rule of law activity.  Particularly interesting were the recommendations of the Secretary-General to unify the training of all rule of law personnel and to create annual forums to reach out to a wider range of United Nations actors, rule of law partners and recipient countries.

BERNARD M. KANG’OMBE ( Zambia) said upholding the rule of law at the national and global levels was a fundamental principle, which his country abided by.  It had established such institutions as the electoral, human rights and anti-corruption commissions, and passed the National Constitutional Conference Act to bring together political parties, civil society and other important stakeholders in order to agree on a new constitution, which would stand the test of time.  Zambia had also acceded to the African Union Peer Review Mechanism.  Following the untimely death of the country’s President, Dr. Levy Patrick Mwanawasa, in August, the law was taking its course with the holding of a presidential by-election on 30 October.  All political parties were free to participate, and some had fielded candidates.  Local and international observers had been invited to monitor the electoral process.

Zambia had ratified many international conventions, some of which had been domesticated, he said.  All those efforts had the purpose of promoting the rule of law, but implementation was a big challenge, because of scarcity of resources to support relevant institutions and mechanisms.  For example, he said, the Human Rights Commission required funding to employ the required number of people and establish more offices around the country.  He, therefore, called on the United Nations system and the international community to render technical assistance and provide capacity-building to further enhance and strengthen the institutions meant for the promotion, development and implementation of international norms and standards.

ANTHONY A. SEKUDO ( Nigeria) said the advancement of the rule of law at the national and international levels was essential for the realization of sustained growth, sustainable development, the eradication of poverty and hunger, and the protection of human rights and fundamental freedoms.  Nigeria had, at every opportunity, restated its commitment to the ideals of the United Nations and discouraged the unilateral application of force by Member States.

It was with its country’s unflinching commitment to respect the rule of law that Nigeria ceded its sovereignty over the Bakassi Peninsula in South-South region of Nigeria to Cameroon, in compliance with the ruling of the International Court of Justice.  By that unprecedented transfer, Nigeria clearly demonstrated its deep commitment to international peace and security, as well as the rule of law, since it shunned the option of belligerence and chose to adopt the legal approach to resolving the dispute, and urged all Member Sates to emulate “this sterling example”.

On the African continent, he added, Nigeria had shown determination to partner with other countries in addressing issues affecting the area, such as peace, stability, governance and development, particularly in Darfur, Zimbabwe and Mauritania.  He believed the rule of law was inextricably linked to human rights, in all its ramifications, be they first, second or third generation rights, or civil, political, economic, social or cultural rights.

He said, the international community should now begin to ensure global balance in all aspects of development, including the rule of law, and noted that globalization, as well as the recent financial crisis, had shown that no part of the world was immune from the effects of those developments, irrespective of their remoteness.  He added, “We therefore call for a globally focused and properly coordinated effort in bringing about plausible solutions to these challenges.”

WIN MYINT ( Myanmar) said the rule of law at the national and international levels was complementary and interdependent.  The enactment of politically motivated law at the national level directed against other States had a negative impact on the rule of law at the international level.  It also had a negative impact on international relations.  Furthermore, the functions and power of the principal organs of the United Nations must be respected.  The promotion of rule of law at the national level rested with national authorities, who should receive the necessary support when they requested it.  In light of the primacy of customary international law and the obligation of States to ensure that national laws were in consonance with the international, his country was reviewing its existing legislation to ensure such compliance.

ESMAEIL B. HAMANEH ( Iran) said the basic principles of international law must be kept in mind when dealing with the rule of law at the national level, particularly in relation to respect for sovereign equality of States, and non-interference in their internal affairs, and the right to self-determination.  Each nation had the sovereign right to establish its own model of rule of law and develop an efficient and fair legal system based on cultural, historical and political traditions and needs, along with other prevailing social circumstances.  Domestic legislation, however, should not violate fundamental principles of international law or international obligations of States.  National legislation that contravened norms and principles of international law devalued the very concept of the rule of law.  Unilateral and extraterritorial application of domestic legislation against other countries was tantamount to an internationally wrongful act.

He said special attention should be paid to incorporating international obligations in domestic legal systems.  The principle of the sovereign equality of all States was important, as was the avoidance of selective and double standards in applying and enforcing international treaties.

KAUTU MICHAEL MOELETSI ( Lesotho) said Lesotho supported the promotion, development and implementation of international norms and standards.  That would ensure the accountability and political will of Member States towards implementing domestic laws that were publicly promulgated, equally enforced and independently adjudicated.  The rule of law involved adherence to governance, whereby all persons, institutions and entities were accountable to laws consistent with international human rights norms and standards.

He said 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.  However, respect by States for the rule of international law was crucial to the maintenance of international peace and security, the peaceful settlement of disputes, the promotion and protection of human rights, sustainable development and prosperity.  In that regard, attention must be paid to the call by Heads of State and Government in the Outcome Document from the 2005 World Summit to recognize the need for universal adherence to, and implementation of, the rule of law at the national and international levels.

Ms. KINZMEBAYEVA ( Kazakhstan) said her country was a democratic, secular, legal and social State, with the greatest value for human rights, life and freedoms.  It promoted political stability and economic development for all people, equality before the law and separation of powers, as well as intercultural and inter-religious dialogue and tolerance.  Continuing to make legal reforms and improve its laws was a priority in Kazakhstan.  Legal reform was a strategic, long-term priority for the State and was also a gradual process, done in the interest of multifaceted society.

Noting the potential of the international community, he said developing domestic law depended on the codification of international law.  Kazakhstan pursued a policy of cooperation and good neighbourly relations with States.  Unfortunately, because of lack of respect for legal rules and the use of double standards, there had been serious challenges to the international legal system.  Only by complying with the Charter and the principles that arose from it could international peace and security be achieved.

SOMMANY SIHATHEP (Lao People’s Democratic Republic) supported the call made by Cuba on behalf of the Non-Aligned Movement for mechanisms to promote the rule of law at both national and international levels.  She said the Rule of Law Assistance Unit and the Rule of Law Coordination and Resource Group required support to strengthen their programmes and efforts.

She said her country’s strong commitment to the rule of law on both national and international levels was evident in its participation in international, regional and bilateral treaties in almost all fields.   With assistance from the international community -- in particular, the United Nations Development Programme (UNDP), Finland and the European Union -- the Lao Government had initiated efforts to translate treaty obligations into national legislation.  On the national level, it developed the Legal Sector Master Plan, a comprehensive national framework to create a “rule of law” State.  All those actions, whether national or international, required cooperation and human and technical assistance, as well as financial resources.  Finding those resources was fundamental to the success of establishing and promoting the rule of law.

EDEN CHARLES ( Trinidad and Tobago) said he welcomed the adoption of mechanisms allowing for the provision of assistance to States in enhancing their capacity in the area of promoting the rule of law at the national and international levels.  Seminars and workshops conducted by the Treaty Section and Codification Unit of the United Nations Office of Legal Affairs had led to ratifications and accessions to conventions, which had contributed to advancing their universality.

He said an important mechanism in promoting the rule of law was the establishment of a common set of norms and rules acceptable by all members of the international community.  The International Law Commission played a special role to that end, and in reviewing existing instrument that advanced the rule of law.  The Commission’s work had led to the conclusion of many international legal instruments that had become customary international law.  Much work remained in promoting and maintaining the rule of law at the national and international levels.  Member States must commit to providing the resources to the newly established coordination and coherence efforts.

MARIA ZABOLOTSKAYA ( Russian Federation) said the reports before the Committee gave an impressive picture of the work being done in the field of promoting the rule of law.  Another report should be prepared on how to rationalize activities of the United Nations system.  It should be a deeper analysis of programmes already being applied.  The importance of implementing rule of law through capacity building could not be overstated.  Information about technical assistance that was included in the report was helpful because that was the area where progress in promoting the rule of law could really be made.

He said a central focal point should be established from where Member States could be directed to the right resource for getting assistance.  However, the group should operate as a coordinating body and not as an operative one.  A joint strategic plan should be developed for delivering technical assistance to States.  The Unit should continue to provide support to the group in a format decided by the Fifth Committee (Administrative and Budgetary).

NGUYEN THI THANH HA ( Viet Nam) said the achievements of the United Nations in the various areas of advancing international law were commendable.  However, violations of international law were of concern, in view of the scarcity of accountability measures.  Applying international law in a manner that allowed the use of selectivity and double standards ran counter to the very notion of the rule of law.  Those factors constituted great challenges to the international order and demanded continued commitment to address.

At the national level, he continued, countries had different views on the definition of the rule of law and how it should be institutionalized.  The most important element was to ensure genuine participation of the whole population in defining, implementing and safeguarding the rule of law.  There was no ready-made model applicable to all countries.  Every nation had the right to work out a model suitable to its own conditions and upheld by the people.  Assistance to developing countries in the field was significant and welcome, if it were conducted with full respect and due attention to the specific conditions of recipient countries.

He said his country’s most recent Constitution had been promulgated in 1992.  The legislative framework reflected the aspiration and will of the people and State, with the Government in charge of implementing the law and its power checked by the National Assembly and People’s Councils.  Like many developing countries, however, it often found efforts challenged by capacity and resource constraints.  Technical assistance had now enabled the elaboration and implementation of the national strategy for the development and improvement of the legal system to the year 2010 and the strategy on judicial reform to the year 2020.

IRENE KASTANJU (United Republic of Tanzania) said the rule of law was a fundamental pillar for lasting peace and security, promotion of human rights, accountability, democracy and the realization of sustainable development and prosperity.  The United Nations Charter constituted the central framework for the rule of law in international affairs, and it was, thus, a common responsibility of Member States to support the work of the United Nations by promoting the rule of law.

She hoped the Rule of Law Coordination and Resource Group and the Rule of Law Assistance Unit would continue to play a central role in strengthening the rule of law through technical assistance and capacity-building, particularly in assisting national efforts to re-establish the rule of law in conflict and post-conflict societies.  Every effort must be made to identify areas of common concern and facilitate cooperation and coordination.  The Group should be ensured the appropriate financial, technical and administrative resources through the inclusion of the Rule of Law Unit in the United Nations regular budget.

She said the outcome document of the 2005 World Summit was a landmark achievement in the development of the rule of law, since it harmonized peace and security on the one hand, and development on the other.  Member States had the obligation to ensure the goals of the document, which meant ensuring economic growth, poverty eradication, and the elimination of hunger, were realized.

Mr. YACOUB (Qatar) commended the efforts of the Rule of Law Coordination and Resource Group and the Rule of Law Unit for their role in promoting the rule of law at the international and national levels; there was no doubt that the practice of the Organization was the rule of law.  However, it was necessary to improve efforts to move forward.  Only through the coordination and implementation of international law among all parties, and by avoiding double standards, could this be done.  In particular, the rule of law required defining specific criteria that everyone agreed had to be relied upon.

There was no doubt the United Nations played a primary role in the rule of law process, which must be based on the Charter.  The United Nations had to gain credibility to uphold its role at the national and international levels, and to apply its mandate without infringement of the mandates of others.

LESLIE KOJO CHRISTIAN ( Ghana) said that in June, his country and the treaty section of the Legal Office had organized a regional capacity-building workshop on treaty law and practice within the context of the Economic Community of West African States (ECOWAS).  The focus had been on domestic implementation of treaty obligations in the areas of trade, human rights, transnational organized crime and environment.  The Under-Secretary for Legal Affairs had supported the event.  Among lessons learned was the importance of building the capacity of national stakeholders to increase their ability to implement the substance of international agreements, and not just for the purpose of being able to meet the mechanics of becoming a State Party to instruments.  The value of coordination was another lesson learned.  The workshop had also underscored the need for coalition partners outside the United Nations system to support rule of law activities.

He said financial institutions must be made to appreciate that “rule of law” went beyond strict legality, that it served as a tool for development, just as did “good governance”.  That called for a paradigm shift to correct the misperception that rule of law referred to the mechanics of law-making alone.  Rather, it was a normative standard for such activities as the conduct of free and fair elections or promotion of human rights and fair trade.

ABDELRAZAG GOUIDER ( Libya) said an international political system must be developed to address the needs of all States.  It must be one in which the views of all States were taken under consideration without interference in the input.  National legislation must provide for measures that enabled countries to fight harmful activities such as money laundering, but it must not impede the rights of individuals.  When it came to the rule of law at the international level, the sovereignty of States must be respected, along with the principle of universal jurisdiction.

MAZEN ADI ( Syria) said the General Assembly had affirmed the need for universal compliance and application of the rule of law.  That had come because of the “frightful preponderance” of acts that threatened the founding principles of the United Nations themselves, such as pre-emptive wars and the “relativity of sovereignty”.  The negative effects that resulted from such developments impacted at every level of international interaction.  Multiple forms of the rule of law existed at the national level, and great caution must be exercised in viewing national rule of law systems in the United Nations context.  Attention should be paid to implementation and capacity-building.  It must be kept in mind that rule of law and respect for human rights were intertwined.  A major reason for why the rule of law was far from being implemented at the international level was the absence of enforcement mechanisms and the lack of equality of States.

MARK SIMONOFF ( United States) commended the progress of the United Nations Rule of Law Coordination and Resource Group, and the Rule of Law Assistance Unit for their initiatives for effective coordination of the many activities involved in this area.  He noted, however, that States, as key players, were beholden to implement their bilateral and multilateral treaty obligations, and to assist, on a national level, countries in the process of emerging from conflict to develop a judicial system.

The United States demonstrated its promotion of the rule of law through the work of the State Department’s Bureau of International Narcotics and Law Enforcement, and the United States Agency for International Development, through financial investments which strengthened criminal justice institutions and court reform throughout the world.  In Afghanistan alone, the United States was the largest contributor to justice sector reform efforts.  The American legal community, through the Public-Private Partnership for Justice Reform, also participated in low-cost, high-impact projects promoting women’s rights, legal aid and access to justice, among others.  With appreciation of the Sixth Committee’s efforts, the United States looked forward to continuing its work in this arena.

HAMAD MOHAMMED AL MANSOUR ( Kuwait), said both the Charter of the United Nations, as well as international law, constituted the main pillars in confronting the challenges and threats faced by the international community.  At the national level, Kuwait enjoyed a written constitutional democratic system, where the people were the source of the legislative, executive and judicial powers.  It guaranteed the rights for the people of Kuwait, and spelled out their duties.  Respect for the supremacy of the law was embodied in the principle of separation between the legislative and executive powers, and the need for the mutual cooperation.

Noting that Kuwait was keen to adhere to international principles, respect of laws and international legal instrument, he said it was necessary for the United Nations to produce concepts for solutions whenever there were contradictions between the rules of international and national laws.  To that end, the United Nations could also present a list of proposed means of coordination, to avoid contradiction between international agreements on the global level and international agreements on the regional level.  It was also paramount that the Organization identify the means to expand legal awareness and the scope of validity of international agreements.

GLENNA CABELLO DE DABOIN ( Venezuela) said that, in accordance with the fundamental principles of its constitution, Venezuela was guided by the rule of law and justice.  The Venezuelan constitution enshrined the principle of equality before the law and permitted no form of discrimination.  In turn, its legislation guaranteed legal and administrative conditions conducive to ensuring its citizens legal equality before the law.  International law, in fact, was one of the sources of Venezuela’s domestic legislation.  International treaties were transposed into domestic legislation.  Many of these treaties promoted the regional well-being of Latin American citizens.   In that regard, international legislation was clearly incorporated in the domestic legal order, which allowed for progressive harmonization of both forms of legislation.

She said the international system had to be governed by an international order based on rule of law.   However, maintaining independence and equality among States and upholding human rights and the pacific settlement of international conflicts was also important.  Pointing out that the Secretary-General’s inventory report was an overview of the current capacity of the United Nations, she said the current composition of the Security Council did not reflect the existence of a true rule of law; changing this composition to be more reflective was a prerequisite for a democratic system governed by the rule of law.

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For information media • not an official record