UNGA/C-6: RULE OF LAW DEBATE

UNCLAS SECTION 01 OF 03 USUN NEW YORK 000953

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SIPDIS

E.O. 12958: N/A
TAGS: UNGA UNGA
SUBJECT: UNGA/C-6: RULE OF LAW DEBATE

REF: EDMONDSON/WILCOX EMAIL - 10/25/07


1. SUMMARY: Fifty delegations addressed the Sixth Committee
during its October 25 - 26 debate on the rule of law at the
national and international levels. Many delegations
underscored the importance of rule of law activities and
their contribution to human rights and international peace
and security. Most delegations agreed that the annual
selection of one or two subtopics was the best approach to
focus and advance the Sixth Committee's work on the rule of
law agenda. During the debate, delegations suggested a
variety of subtopics, ranging from criminal justice at the
national and international levels to technical assistance and
capacity building. Some delegations complimented the work of
the newly established Rule of Law Assistance Unit in the
Secretariat and called upon the Secretary-General to request

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funding for the Unit from the regular budget. Iran,
Venezuela, Sudan, and Syria criticized the Security Council
and its "encroachment" upon the mandate of the General
Assembly and the practice of some States who use rule of law
as a political tool to threaten others. After the U.S.
statement, Sierra Leone's representative approached USUN
officers to express his thanks for U.S. support to the
Special Court for Sierra Leone. END SUMMARY.


2. During the October 25 - 26 debate on rule of law, fifty
delegations spoke on the scope of rule of law at the national
and international levels. The following delegations
delivered statements to the Sixth Committee: New Zealand on
behalf of Canada, Australia, and New Zealand (CANZ),Portugal
on behalf of the European Union (EU),Cuba on behalf of the
Non-Aligned Movement (NAM),the Dominican Republic (on behalf
of the Rio Group),Benin on behalf of the Africa Group,
Liechtenstein, Switzerland, China, Burma, Libya, Guatemala,
Sudan, Mexico, India, Vietnam, Indonesia, Mozambique, Egypt,
Bangladesh, Colombia, Cuba, the Democratic Republic of the
Congo, Nigeria, Sierra Leone, Malaysia, Singapore, Thailand,
Chile, Algeria, Venezuela, Tanzania, Japan, Tunisia, Korea,
Kenya, South Africa, the United States, Kuwait, Norway,
Israel, Pakistan, Iran, El Salvador, the Russian Federation,
Morocco, Albania, Syria, and Latvia. The Holy See and the

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International Development Law Organization also delivered
statements as observers.


3. In general, representatives restated their countries' deep
commitment to the rule of law and its role in the maintenance
of international peace and security, relations between
States, and the work of the United Nations. Several
delegations had positive reactions to the U.S. statement
(reftel); the representative of Sierra Leone expressed his
particular gratitude for U.S. support of the Special Court
for Sierra Leone. Pakistan stated the importance of rule of
law technical assistance for developing countries, but
stressed that the substance of such assistance should conform
to the request of the recipient State. The Holy See
commented that counter-terrorism efforts should be carried
out through the effective enforcement of juridical
instruments.


4. The majority of delegations stated that the Sixth
Committee's discussions on rule of law should remain focused
on concrete issues of common agreement among Member States
without duplicating the efforts of other UN bodies. Most
delegations viewed the annual selection of one or two
subtopics for consideration by the Sixth Committee as the
best approach to advance the Committee's work on the rule of
law agenda. As to specific subtopics, Portugal (on behalf of
the EU),New Zealand (on behalf of CANZ),Switzerland, Chile,
and Korea proposed strengthening criminal justice at the
national and international levels. Other subtopics suggested
by delegations were: obligations under international treaties
(Vietnam, China, the Rio Group, and Indonesia); peaceful
dispute settlement (Switzerland, the Rio Group); transitional
justice (U.S., Switzerland); and technical assistance and
capacity building (U.S., Russia, Bangladesh, Israel,
Switzerland, Liechtenstein, CANZ, and Tunisia).


5. Many delegations praised the efforts of the new Rule of
Law Coordination and Resource Group and the Rule of Law
Assistance Unit within the Secretariat, calling these bodies
the proper mechanism for identifying and addressing rule of
law gaps in the UN system. Liechtenstein noted the progress

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the Unit has made in a short period of time, but was
concerned about the Unit's sustainability without additional
resources. Switzerland seconded these concerns and stated
that the Rule of Law Assistance Unit's work should be secured
through the UN's regular budget. Norway also called for the
use of regular budget resources and not voluntary
contributions to fund the Assistance Unit. (COMMENT: EU
countries have been lobbying USUN to accept language in the
draft rule of law resolution that would request the
Secretary-General to provide the necessary resources for the

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Unit. USUN has responded that funding the new Unit must be
done within existing resources. END COMMENT.)


6. A few representatives used their statements to express
concern that rule of law activities could be used as a
political tool to interfere in a nation's internal affairs.
Iran's representative stated that he lived in a region where
"supra-regional rule of law" was imposed through the rule of
power because the rule of law at the UN and international
level was corrupt. Echoing similar views, Venezuela and
Sudan complained that the politicization of the Security
Council frequently encroached on the mandate of the General
Assembly, which should be the main policy-making organ of the
UN. Venezuela added that it would be impossible to make
progress on rule of law at the international level until the
UN itself was "democratized."
Khalilzad