ACTION REQUEST: SIXTH COMMITTEE DRAFT RESOLUTION

UNCLAS USUN NEW YORK 001018 SIPDIS SIPDIS DEPARTMENT FOR IO/UNP EDMONDSON E.O. 12958: N/A TAGS: UNGA UNGA SUBJECT: ACTION REQUEST: SIXTH COMMITTEE DRAFT RESOLUTION ON THE RULE OF LAW ¶1. ACTION REQUEST: USUN requests instructions from the Department to join consensus on the Sixth Committee's draft resolution on the Rule of Law at the national and international levels (agenda item 86) contained in para 3, or substantially similar text. The Sixth Committee will take action on this agenda item on November 19. USUN point of contact for the resolution is Elizabeth Wilcox, (212) 415-4220, WilcoxE@state.gov. END ACTION REQUEST. ¶2. BACKGROUND/COMMENT: USUN has discussed drafts of the resolutions with IO/S and L/UNA. The preamble is essentially the same as last year's resolution, with the addition of a new PP8 referring to para 134(e) of the Outcome Document. There is also a reference to the UN Charter in PP6 concerning peaceful settlement of disputes. The operative paragraphs are also substantially similar to last year's resolution, which also requested two reports from the Secretary-General in the sixty-third session. OP3 asks the ILC, ICJ and UNCITRAL to provide views in their annual reports to the GA concerning their role in promoting rule of law. OP4 expresses support for the Rule of Law Assistance Unit and requests the Secretary-General to provide details on the staffing and other requirements for the Unit to the GA without delay for its consideration during the sixty-second session in accordance with existing relevant procedures. This report would go to the Fifth Committee and would entail no resumed session in the Sixth Committee. OP5 refers to subtopics on the rule of law agenda item for the Committee's next sessions. The subtopics are still under negotiation. USUN has received oral assurances that the draft language would not entail any extrabudgetary expenditures. END BACKGROUND/COMMENT. ¶3. Text of draft resolution on the Rule of law at the national and international levels: BEGIN TEXT: Sixty-second session Sixth Committee Agenda item 86 Draft resolution The rule of law at the national and international levels The General Assembly, Recalling its resolution 61/39 of 4 December 2006, Reaffirming its commitment to the purposes and principles of the Charter of the United Nations and international law, which are indispensable foundations of a more peaceful, prosperous and just world, and reiterating its determination to foster strict respect for them and to establish a just and lasting peace all over the world, Reaffirming also that human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations, Reaffirming further the need for universal adherence to and implementation of the rule of law at both the national and international levels and its solemn commitment to an international order based on the rule of law and international law, which together with the principles of justice, is essential for peaceful coexistence and cooperation among States, Convinced that the advancement of the rule of law at the national and international levels is essential for the realization of sustained economic growth, sustainable development, the eradication of poverty and hunger and the protection of all human rights and fundamental freedoms, and acknowledging that collective security depends on effective cooperation, in accordance with the Charter and international law, against transnational threats, Reaffirming the duty of all States to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes and principles of the United Nations and to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered, in accordance with the United Nations Charter, and calling upon States that have not yet done so to consider accepting the jurisdiction of the International Court of Justice in accordance with its Statute, Convinced that the promotion of and respect for the rule of law at the national and international levels, as well as justice and good governance, should guide the activities of the United Nations and of its Member States, Recalling paragraph 134 (e) of the 2005 Outcome document, ¶1. Reiterates its request to the Secretary-General to prepare an inventory of the current activities of the various organs, bodies, offices, departments, funds and programmes within the United Nations system devoted to the promotion of the rule of law at the national and international levels, for submission at its sixty-third session, and welcomes the interim report thereon submitted to the General Assembly at the current sixty-second session; ¶2. Also reiterates its request to the Secretary-General to prepare and submit, after having sought the views of Member States, at its sixty-third session, a report identifying ways and means for strengthening and coordinating the activities listed in the inventory to be prepared pursuant to paragraph 1 above, with special regard to the effectiveness of assistance that may be requested by States in building capacity for the promotion of the rule of law at the national and international levels; ¶3. Invites the International Court of Justice, the United Nations Commission on International Trade Law, and the International Law Commission respectively to comment in their reports to the General Assembly on their current roles in promoting the rule of law; ¶4. Notes with appreciation the Secretary-General's report entitled "Uniting our strengths: Enhancing United Nations support for the rule of law", supports the Rule of Law Coordination and Resource Group, supported by the Rule of Law Unit in the Executive Office of the Secretary-General, under the leadership of the Deputy Secretary-General, and requests the Secretary-General to provide details on the staffing and other requirements for the Unit to the General Assembly without delay for its consideration during the 62nd sesssion in accordance with existing relevant procedures; ¶4. Decides to include in the provisional agenda of its sixty-third session the item entitled "the Rule of law at the national and international levels" and recommends that the Sixth Committee focus its debate on this item during the sixty-third session on the sub-topic(s) , without prejudice to the consideration of the item as a whole. Khalilzad