SIXTH COMMITTEE: GENERAL DEBATE ON RULE OF LAW

UNCLAS USUN NEW YORK 000988

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNGA
SUBJECT: SIXTH COMMITTEE: GENERAL DEBATE ON RULE OF LAW


1. Summary: On October 14, General Debate began on Sixth
Committee Agenda Item 83: Rule of Law at the National and
International Levels. Over fifty delegations (including the
United States) and two Observer Missions addressed the Sixth
Committee with most delegations making similar points on the
importance of adhering to and strengthening the rule of law
at the international level, which was the sub-topic for this
year's debate as previously agreed. The Deputy
Secretary-General highlighted the work of the Rule of Law
Coordination and Resource Group. Serbia and Albania ended
the general debate by exercising their rights of reply over
Kosovo.

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REGIONAL STATEMENTS
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2. Canada, on behalf of Canada, Australia, New Zealand
(CANZ),stressed the importance of adhering to rule of law
and welcomed the Secretary-General's (SYG) Report (A/64/298)
on the Rule of Law. CANZ praised the efforts of the Rule of
Law Coordination and Resource Group and Rule of Law Unit.


3. Vietnam, representing ASEAN, also thanked the SYG for his
report. ASEAN announced that it recently adopted a new
charter in December 2008 which reaffirmed compliance with
international law and committed to a "rules-based,
people-centered, and more integrated ASEAN."


4. Mexico, on behalf of the RIO Group, promoted the SYG
report, specifically the assessment that violations of
international law need to be addressed through peaceful
means. Mexico expressed the RIO Group's support for the
International Court of Justice (ICJ) and other tribunals such
as the International Criminal Court and the International
Tribunal for Law of the Sea. Mexico paid tribute to the
Geneva Conventions and Protocols and noted that the United
Nations is best suited to play a central role in rule of law.



5. Tunisia, on behalf of the African Group, also promoted the
principles of the U.N. charter and the ICJ. The African
Group criticized what it characterized as the selective use
of universal jurisdiction against African leaders.


6. Sweden, on behalf of the European Union, stated that
strengthening the rule of law was a priority for its members.
It welcomed the SYG report and advocated for a greater nexus
between national and international law. Sweden reaffirmed
that the adherence to rule of law is critical for conflict
prevention and resolution. Finally, it recognized the work
of the Rule of Law Coordination and Resource Group and the
Rule of Law Unit.


7. Iran, on behalf of the Non-Aligned Movement (NAM),
observed that the rule of law on the international level
needs more attention. According to the NAM, international
law needs to address the following: the principle of
sovereign equality; ending selective application of
international law; the respect of legitimate and legal rights
of states under international law; and the prohibition of the
threat or use of force in international relations.

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DEPUTY SYG ADDRESS
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8. Deputy Secretary-General Dr. Asha-Rose Migiro addressed
the Sixth Committee to describe the work of the Rule of Law
Group. She urged Member States to fulfill their obligations
under international law and noted that strengthening the rule
of law is instrumental in achieving U.N. goals. Migiro said
her report on rule of law outlines activities to bolster the
peaceful settlement of disputes. She encouraged attaching
rule of law training to development assistance and said the
Group was looking for a country to be the pilot for the joint
program on rule of law.

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COMMON THEMES
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9. Public Delegate Laura Ross delivered the U.S. statement
which focused on the importance of rule of law in promoting
peace and security as well as in facilitating trade and

development. She cited recent Obama administration actions,
such as, among other things, the order to close the detention
facility in Guantanamo Bay, the signing of the Convention on
the Rights of Persons with Disabilities, and United States
membership of the Human Rights Council, as examples of the
United States' commitment to the rule of law.


10. Many of the speeches highlighted similar themes. Most
countries affirmed their support for adherence to the rule of
law and for strengthening rule of law at the international
level. Nearly all Member States commended the SYG for his
report on rule of law and the efforts of the Rule of Law Unit
and the Rule of Law Coordination and Resource Group. These
same delegations supported the efforts of the ICJ and
promoted the peaceful resolution of disputes according to
international law. Some noted that there were too many
violations of international law and these needed to be
addressed (e.g. Norway, Serbia, Azerbaijan, and Kuwait).


11. Several OIC and NAM countries (notably Cuba, Syria, UAE,
Iran, Pakistan, and Venezuela) complained to the Sixth
Committee about the selective application of the rule of law
by some Member States. In addition, numerous Member States
reaffirmed the principle of sovereign equality. Several
delegations criticized the Security Council for encroaching
on the functions of other U.N. bodies (Cuba, Mozambique,
Syria, Algeria) while others called for its reform (El
Salvador and India).


12. Several notable statements included Kuwait and Venezuela.
Kuwait criticized Israel for committing war crimes and
crimes against humanity, in addition to violating human
rights laws and international humanitarian law. In addition,
Kuwait (as well as Libya and UAE) referenced the recent
Goldstone report in its condemnation of Israel.


13. Venezuela, without naming the United States disparaged a
country for using its hegemonic power to maintain the status
quo in the United Nations. It blamed this country for the
coup d'etat in Venezuela and the wars in Iraq and
Afghanistan. Venezuela called for the democratization of the
United Nations, legal equality among Member States,
territorial integrity and an end to "hateful distinctions."
In addition, Venezuela criticized the permanent members of
the Security Council for flouting the U.N. Charter and for
making it impossible to achieve lasting peace and security.

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SERBIA'S RIGHT OF REPLY
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14. Serbia exercised its right of reply to criticize Albania
for disrespecting international law and the rule of law by
implying the existence of Kosovo. Serbia condemned this
action, claiming that Kosovo's existence was illegal, and
that the issue was currently pending before the International
Court of Justice. Albania responded with its own right of
reply commenting that no State should dictate to another
State which States it should or should not recognize.
Furthermore, Albania pointed out, over one third of the
United Nations has already recognized Kosovo.
Rice