UNGA 6TH COMMITTEE DEBATES NEW TOPIC -- THE RULE

UNCLAS SECTION 01 OF 03 USUN NEW YORK 002298

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNGA
SUBJECT: UNGA 6TH COMMITTEE DEBATES NEW TOPIC -- THE RULE
OF LAW AT THE NATIONAL AND INTERNATIONAL LEVELS -- AND
ADOPTS RELATED RESOLUTION

REF: A. STATE 184804

B. EDMONDSON/WILCOX EMAIL--11/16/06

C. STATE 4674


1. (U) Summary. On November 16, the Sixth (Legal) Committee
adopted without a vote the draft resolution on the "Rule of
law at the national and international levels" (A/C.6/61/L.18)
(as verbally amended). The U.S. joined consensus (REFS A,
B). The resolution places the rule of law item on the
provisional agenda for the 62nd UNGA, recommends that the
Sixth Committee annually choose one or two topics for
discussion of the topic in subsequent sessions, and requests
the Secretary-General to submit several reports relating to
the rule of law. The UNGA Plenary adopted this resolution on
the item, December 4. Earlier, on October 16 and 17 and on
November 6, the Committee debated the topic. The debate was
general and wide-ranging, but delegations stressed the
importance of rule of law in peace, prosperity and relations
among and within states. End summary.

Background
--------------


2. (U) Liechtenstein and Mexico sought inclusion of the
topic in the agenda for the 61st UNGA and its allocation to
the Sixth Committee (A/61/142). The two countries
characterized their proposal as a follow-up on the 2005 World
Summit Outcome document (A/RES/60/1),which noted the need
for "universal adherence to and implementation of the rule of
law at both the national and international levels."
Furthermore, in an explanatory memorandum attached to their
request, they stressed the importance of the UN in the
international legal system and, as a prerequisite for
improving the UN,s effectiveness, of the need to establish a
systematic inventory of the rule of law programs of the
various UN bodies. Sixth Committee Chairman Gomez Robledo
(Mexico) drafted the resolution and chaired several informal
negotiating sessions on it.

General Debate
--------------


3. (U) The following delegations made statements: Algeria,
Belarus, China, Cuba, Egypt, Ethiopia, Finland (on behalf of
the EU),Guyana (on behalf of the Rio Group),India,
Indonesia, Iran, Israel, Japan, Liechtenstein, Malaysia,
Mexico, New Zealand (on behalf of Australia and Canada )
CANZ),Pakistan, the Republic of Korea, the Russian
Federation, Sierra Leone, South Africa, Sudan, Switzerland,
Syria, Tanzania, Thailand, Trinidad and Tobago, the United
States (REF C),Zambia and Zimbabwe.


4. (U) Speakers expressed support for the rule of law and
the introduction of the new agenda item, but because this was
the first year the Sixth Committee considered this item, the
debate proved general and relatively unfocused. Many states
expressed support for the existing international legal bodies
such as the International Court of Justice, the ad hoc
tribunals, and the International Criminal Court.


5. (U) Several states called for the Committee to focus its
debate on specific topics in the future. Next year, New
Zealand, also on behalf of Canada and Australia (CANZ) said
the Sixth Committee should focus on residual issues relating
to the international tribunals established by the Security
Council. Liechtenstein proposed topics relating to the
future of international criminal law, technical assistance in
post-conflict situation and the role of non-state actors in
international law. Liechtenstein also said the
responsibilities of transnational corporations and the
activities of private military personnel deserve more
attention. South Africa suggested that the Sixth Committee
consider a topic linked to the treaties covered by the UN's
annual treaty-signing event, arguing that by doing so the
Sixth Committee could help increase ratification of these
treaties.


6. (U) Others did not propose topics but said delegations
should forward specific ideas in the period between the 61st
and 62nd UNGA. The EU expressed support for requesting a
subject-related report from the Secretary-General to serve as
the basis for the annual debate, and cautioned against
duplicating discussions occurring elsewhere at the UN.
Sudan, Egypt, Iran and Pakistan called for the Sixth
Committee to establish an ad hoc committee to produce
suggestions for the 62nd UNGA.


7. (U) Several delegations proposed the creation of a rule
of law assistance unit within the Secretariat. Finland (EU)

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praised the UN,s current work relating to the rule of law,
including the establishment of the Peacebuilding Commission
and the rule of law mandates of new peacekeeping and
peacebuilding missions, but said a rule of law unit would
improve coordination across the UN. Belarus, India and
Liechtenstein also supported the proposed unit.


8. (U) Many delegations praised the new agenda item as a way
for the UN and the General Assembly to take a wider role in
the rule of law, with some suggesting that a strong General
Assembly role would counterbalance the Security Council. In
this vein, several states of the Non-Aligned Movement (NAM)
expressed their concern over what they characterized as the
Security Council performing legislative functions. South
Africa, as well as Cuba and Syria, said the Sixth Committee
should consider the Security Council's limits in exercising
its authority under Chapter VII of the UN Charter. Pakistan
questioned the legality of the Council's sanctions regimes,
particularly with respect to the listing and de-listing
procedures of the Council's sanctions committees. Pakistan
and other delegations, including Thailand, also advocated
"uniform" implementation of Council decisions.


9. (U) Several states stressed the need for additional
international assistance to promote the rule of law. For
example, several developing countries noted that many of the
UN,s rule of law efforts focus on post-conflict societies
but that rule of law capacity-building assistance is, as
Guyana (Rio Group) said, "preventative." Trinidad and Tobago
expressed concern that without rule of law in the
international arena, smaller states would "have no chance."
Japan suggested that the Sixth Committee could identify the
concrete, practical difficulties that many Member States face
in applying international law within the framework of their
domestic law and request related legal advice from the UN
Office of Legal Affairs.


10. (U) Amid the generally positive debate, Cuba attacked
"superpowers" acting unilaterally in defiance of
"international legal norms." Zimbabwe, in an otherwise
general speech focused on the importance of rule of law at
all levels, "deplored the continued detention without trial
of unindicted prisoners at Guantanamo, as unlawful and
undermining the rule of law that the agenda item sought to
promote."

Action on the Resolution
--------------


11. (U) The Sixth Committee adopted a draft resolution on
the "Rule of law at the national and international levels"
(A/C.6/61/L.18) without a vote on November 16. In
introducing the resolution, the Chairman amended it verbally
to insert, in para 2 (referring to the interim report the
resolution requests the Secretary-General to prepare,
containing an inventory of the UN,s current activities
relating to the rule of law),the words "for submission at
its sixty-third session" after the words "national and
international levels." He explained that the amendment was
intended to clarify that the inventory report should be
prepared within existing resources. (Note: During
negotiations of the resolution, the United States and Japan
both pressed to ensure that the preparation of the inventory
report would not have extra budgetary consequences.) After
the resolution was introduced, the Secretariat read a
statement from the UN,s budget office, advising that the
draft resolution could be implemented within existing
resources during the 2006-2007 biennium.


12. (U) The resolution requests the Secretary-General to
submit several reports relating to the rule of law, decides
to include the rule of law item on the provisional agenda for
the 62nd UNGA, and recommends that at each subsequent UNGA,
the Sixth Committee should choose one or two sub-topics to
facilitate the Committee,s subsequent discussion of the
item. The resolution tasks the Secretary-General to submit
two reports for the 62nd UNGA, one presenting Member States,
views on the rule of law, and another providing interim
information on an inventory of UN activities relating to the
rule of law. It also urges the Secretary-General to submit
the report on the establishment of a rule of law assistance
unit within the Secretariat mentioned in para 134(e) of the
2005 Summit Outcome document. For the 63rd UNGA, the
resolution requests the Secretary-General to submit the final
inventory report on UN activities relating to the rule of
law, as well as a report identifying ways to strengthen and
coordinate the activities listed in that inventory report.


13. (U) Japan gave a brief explanation of position (EOP)

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before the resolution was adopted, noting that it would join
consensus on the understanding that the draft resolution
would not incur new financial obligations. In a subsequent
explanation of vote (EOV),Japan expressed appreciation for
the Secretariat,s statement that the resolution would not
create financial consequences in the 2006-2007 biennium and
said it would revert to discussions of budgetary issues in
the appropriate forum. Syria gave an EOV expressing concern
that the resolution would enable the Secretariat to limit the
topics for the Committee,s discussion, reserving its right
to raise issues on the item, and objecting to the discussion
of financial matters in the Sixth Committee.


14. (U) The UNGA Plenary considered and adopted the
resolution, without a vote on December 4.
WOLFF