VZCZCXYZ0001
PP RUEHWEB

DE RUCNDT #1048/01 3151409
ZNR UUUUU ZZH
P 101409Z NOV 08
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 5326

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