Statement by Mr. Abdul Hameed, Counsellor, Permanent Mission of Pakistan to the United Nations on Agenda Item 83: The Rule of Law at National and International Levels (New York, 5 October 2011)

Mr. Chairman,

My delegation aligns itself with the statement made by the distinguished representative of the Islamic Republic of Iran on behalf of the Non-Aligned Movement.

We thank the United Nations Secretary-General for his report entitled ‘Strengthening and coordinating United Nations rule of law activities’ contained in document A/66/133.

Mr. Chairman,

The United Nations symbolizes optimism for collective cooperation in human affairs. Its activities in various parts of the world are seen as an embodiment of hope. We have noted that the UN is providing rule of law assistance in 150 Member States in all regions of the world. We support the work of the Rule of Law Coordination and Resource Group and the Rule of Law Unit. The UN is our major peace-building institution. It has peace building commitments, post conflict stabilization responsibilities, and broad and diverse expertise in the field of rule of law.

The United Nations has a central role in the promotion and preservation of rule of law by demonstrating examples in its work. We must make our best efforts to ensure that the resolutions and decisions of the Security Council are implemented uniformly and without discrimination, irrespective of their adoption under Chapter VI or Chapter VII of the UN Charter. Selectivity in design and implementation of the UN Security Council resolutions creates an atmosphere, which is neither conducive for resolving conflicts nor for strengthening rule of law at national level. It also erodes confidence in the system and undermines credibility of the organization.

We appreciate the recent efforts for making the Security Council sanction regimes fair and transparent. We hope that country specific sanction regimes will also get the same treatment in terms of due process as the Al Qaida Sanction regime has got. We are of the view that much needs to be done to improve the revised procedures and meet the basic requirements of rule of law for ensuring a fair and transparent listing or de-listing of individuals and entities.

Mr. Chairman,

The rule of law is a pre-requisite for the restoration of normalcy in post conflict divided societies. The United Nations’ peacekeeping troops have been performing additional duties of peace building in post conflict situations. Achievements of these troops who work in difficult situations are, rightly, a source of satisfaction and great pride for their parent countries, including Pakistan.

Each conflict situation is unique and has its own dynamics. However, justice and rule of law needs should be integrated into any international or UN involvement in post-conflict societies. An agreed narrative has yet to develop on seamless transition from peacekeeping environment to settlement of disputes and peace building strategies. However, an important challenge is to enable post conflict societies to stand on their own feet through good governance and national judicial capacity building. The indigenous and informal traditions for administration of justice may be used for the promotion of good governance.

Mr. Chairman,

We need to expand partnerships among various stakeholders by placing national perspectives at the center of the rule of law assistance. The rule of law at national level can be improved only by strengthening national ownership of reform initiatives, providing support to national reform constituencies, and giving a central place to national level assessments. UN’s assistance in constitution making and national legal framework in peaceful political transitions and post conflict peace building has to be based on request from Member States. All such assistance must be extended keeping in view of social and cultural traditions and unique needs of every society according to its level of development. Grass root experiences in global level policy discussions on rule of law should not be conspicuous only by their absence.

Mr. Chairman,

We also support the need to end impunity for financial crimes. The international community should strengthen and improve cooperative mechanisms to ensure that looted money, or other assets acquired through corruption and other unlawful means are returned to their countries of origin.

Pakistan supports the idea of innovative approaches to coordinate the rule of law assistance in policing, justice, and correction systems simultaneously to improve the performance of justice and security institutions, particularly in post-conflict states. But all such approaches and sequencing of various initiatives and projects must be subordinated to the national planning of post conflict states. Support for transitional justice processes in areas of development, human rights, reconciliation, witness protection and provision of security must reflect the specific needs of post-conflict societies. Donor driven projects and imported solutions need to be avoided. Rule of law development activities at the national level must be on the request and in close consultation with the host governments.

Mr. Chairman,

My delegation is willing and ready to participate in deliberations to decide on modalities of high level meeting of the General Assembly on the rule of law at the national and international levels. We look forward to discuss modalities of high level meeting with a view to highlight the importance of rule of law for both security and development agendas of the UN.

I thank you Mr. Chairman.