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DE RUCNDT #2298/01 3612357
ZNR UUUUU ZZH
R 272357Z DEC 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 1073
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHZL/EUROPEAN POLITICAL COLLECTIVE

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) 
 
USUN NEW Y 00002298  002 OF 003 
 
 
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) 
 
USUN NEW Y 00002298  003 OF 003 
 
 
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