UNGA/C-6: UNGA'S SIXTH (LEGAL) COMMITTEE DISCUSSES

UNCLAS USUN NEW YORK 001048

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNGA
SUBJECT: UNGA/C-6: UNGA'S SIXTH (LEGAL) COMMITTEE DISCUSSES
RULE OF LAW

REF: 07 USUNNEWYORK 953


1. SUMMARY: UNGA's Sixth Committee debated agenda item 79
"The Rule of Law at the National and International Level"
from October 13-14. During the debate, Deputy
Secretary-General Asha-Rose Migiro presented remarks. Many
delegations commended the UN Rule of Law Coordination and
Resource Group (Rule of Law Group) and the Rule of Law
Assistance Unit (Unit) and emphasized the need to provide
assistance to countries to strengthen the rule of law. Most
speakers explained ways that their own countries had taken
steps to support the rule of law at home and abroad. A few
speakers used the debate as an opportunity to argue for
reform of the UN Security Council (UNSC). In keeping with
previous years' debates (Ref A),many speakers asked for
future discussions on rule of law to utilize focused
sub-topics in order to make discussions more productive.
Paragraph 7 lists all the delegations that gave statements.
END SUMMARY.

REMARKS BY THE DEPUTY SECRETARY GENERAL
--------------


2. Deputy Secretary General Migiro urged stakeholders to
participate fully in the development of the rule of law. "No
program can be successful in the long run if imposed from the
outside and without national authorities leading the
process." The Deputy Secretary General said that the Rule of
Law Group has already delivered tangible results in
coordinating and strengthening rule of law activities. She
argued that in order to support UN coordination efforts the
Unit should be fully funded from the regular budget.

STATE OWNERSHIP OF RULE OF LAW DEVELOPMENT
--------------


3. The remarks of many delegates echoed those of the Deputy
Secretary General. Countries from the non-aligned movement
(NAM) and China argued that both the Unit and the Rule of Law
Group should be strengthened. These speakers agreed with
Deputy Secretary General Migiro that the Unit should receive
funding from the regular budget. The representatives of
Liechtenstein and Switzerland concurred. Many speakers
emphasized the need for technical assistance on rule of law
implementation in developing countries. They added that this
assistance should not be donor driven, but should take into
account the cultural, political, and economic needs of the
implementing country.

COMMENTS ON THE UN SECURITY COUNCIL
--------------


4. Several countries argued that "democratization" of the
UNSC would reinforce the rule of law. Iran, Libya, Syria,
China, Pakistan and Cuba (on behalf of NAM) stressed that the
UNSC should not encroach on questions that fall within the
purview of the General Assembly. Pakistan added that to
promote rule of law, UNSC resolutions should be implemented
without discrimination, regardless of whether the action is
taken under Chapter VI or Chapter VII.

THE RELATIONSHIP BETWEEN NATIONAL AND INTERNATIONAL LAW
-------------- --------------


5. Many delegations highlighted the need for rule of law at
the national level to reflect international norms. Kuwait's
representative said that the UN should support the rule of
law by providing solutions to contradictions between national
and international law and help coordinate future efforts to
prevent such contradictions. Venezuela, along with other
South American and Middle Eastern countries, emphasized the
principle of self-determination and non-interference. Egypt
called for the UN to put an end to misuse of the principle of
universal jurisdiction.

PROPOSALS FOR SUB-TOPICS
--------------


6. Many countries called for the inclusion of sub-topics in
next year's consideration of the rule of law agenda item in
order to better focus the debate. The Republic of Korea
cautioned that the rule of law discussions should not overlap
with other agenda items in the General Assembly. Several
delegations provided concrete proposals. China included four
sub-topics: 1) "Common Understanding of the Rule of Law at
the National and International" levels, 2) Strengthening the
Rule of Law through Technical Assistance and Capacity
Building," 3) Transitional Justice in Conflict and
Post-Conflict Societies" and 4) "The observance of the
International Rule of Law, in particular, through the
Domestic Implementation and Interpretation of International
Treaties." Japan proposed 1) "Technical assistance for the
strengthening of the rule of law" and 2) the "Role of the ICC


in the establishment of the rule of law." Liechtenstein
asked for a more action-oriented discussion such as,
"Strengthening accountability and dispu
te resolution mechanisms." The EU, Rio Group, and CANZ
suggested that the topic include the "Role of the
International Court of Justice and other international courts
and tribunals in promoting the application by States of
international law." CANZ also said that sub-topics should
include ICTY/ICTR residual issues. Mexico also proposed the
topic "Implementation of international standards at the
national level, and how to harmonize them with the national
legislation."

LIST OF SPEAKERS
--------------


7. The following Delegations gave statements: New Zealand (on
behalf of CANZ),France (on behalf of the EU),Cuba (on
behalf of the NAM),Kenya (on behalf of the Africa Group),
Mexico (on behalf of the Rio Group),Azerbaijan, Bangladesh,
China, Cuba, DRC, Egypt, Ghana, Guatemala, India, Indonesia,
Iran, Japan, Kazakhstan, Kuwait, Lao Peoples Democratic
Republic, Lesotho, Libya, Liechtenstein, Mexico, Mozambique,
Myanmar, Nigeria, Norway, Pakistan, Qatar, Republic of Korea,
Russia, Singapore, South Africa, Switzerland, Tanzania,
Syria, Trinidad & Tobago, United States, Venezuela, Vietnam,
and Zambia. The observers IDLO, the Asian-African Legal
Consultative Organization, and the Holy See, also made
interventions.
Khalilzad