VZCZCXYZ0025
PP RUEHWEB

DE RUCNDT #1018/01 3191351
ZNR UUUUU ZZH
P 151351Z NOV 07
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 3093

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