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Statements and Speeches by Ministry Representatives 2006

United Nations General Assembly 61st Session Sixth Committee: The Rule of Law at the National and International Levels

Statement by Ms Jennifer McIver, New Zealand Representative on behalf of Canada, Australia and New Zealand, 16 October 2006  

Mr Chairman,

I have the honour to speak today on behalf of Australia and Canada as well as my own country, New Zealand.

Our three countries are pleased to have this opportunity to address the Sixth Committee today on the item “the rule of law at the national and international levels”. We would like to thank Liechtenstein and Mexico for their initiative to include this topic on the General Assembly’s agenda.

The rule of law is fundamental to the United Nations. The main goal of this Organisation when it was founded was to bring the rule of law to international relations. The UN Charter itself constitutes the central framework for the rule of law in international affairs. The Organisation’s work, including in such areas as human rights, peacekeeping, disarmament, development and good governance, reinforces and underpins the national rule of law.

We should also remind ourselves of the existing work in the UN system promoting the rule of law, and the importance of Member States support for that work. This includes the work of the International Law Commission to codify and progressively develop international law, of the International Court of Justice, as the principle judicial organ of the UN, in the peaceful settlement of international disputes, and of the International Criminal Court and the ad hoc criminal tribunals.

As evidenced by the very constitution of our Organisation, the United Nations Charter, the rule of law lies at the heart of every challenge we face, every decision we take and every goal we set. It follows that the General Assembly has an important role to play in shepherding and promoting the rule of law activities of the United Nations.

Canada, Australia and New Zealand are pleased to support the establishment of this item. At the same time, we are challenged by its breadth, and are committed to working with others to ensure we focus the Committee’s work to make the most of this opportunity to strengthen the rule of law at the international and national levels. We consider it essential that the Committee not duplicate work being done by other Committees and UN organs, and that it adopt a practical, action-oriented outlook when considering this item.

With that in mind, and while acknowledging the temptation of discussing at this meeting the scope or definition of the rule of law, we suggest the Committee should instead focus on establishing modalities for this item, with a view to considering it again next year, and ensuring those discussions are productive. We believe the Committee must adopt a disciplined approach to ensure this item becomes a truly valuable addition to its agenda.

Canada, Australia and New Zealand support the identification this year of one or two topics for the Committee to focus upon under this item next year. We have identified two areas of work that might benefit from the Committee’s focus next year. One is international criminal justice, including so-called ‘residual’ or ‘legacy’ issues that will arise as international and hybrid criminal courts and tribunals complete their work. The other is the need for better coordination of technical assistance for the rule of law, as it relates to United Nations rule of law activities and strategies, and United Nations assistance with treaty adoption and implementation.

Mr Chairman,

Canada, Australia and New Zealand recognise the need for better information exchange - among the Organisation’s organs and agencies, as well as between the Organisation, member States and civil society - about rule of law activities, developments, experiences and needs around the globe, including the provision of technical assistance.

A key tool for coordinating information exchange on rule of law activities, including relating to technical assistance, is the Rule of Law Assistance Unit to be established in accordance with the Summit outcome. Canada, Australia and New Zealand are eager to see this Unit established in a timely manner. As an initial step, we look forward to receiving the Secretariat’s advice on the establishment, placement and mandate of the Unit.

Canada, Australia and New Zealand look forward to participating with others in consultations on this item that will take place over the next two weeks.

Thank you Chairman.

 

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