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Madam President,
We thank you for holding this open debate on the rule of law, circulating a very substantive and comprehensive concept paper, and asking very sharp questions to guide and structure our debate.
We need the rule of law and justice in the non-conflict, conflict and post-conflict situations. During peace time, the rule of law acts as a bulwark against strife within a society. The rule of law within nations, supplemented by the international rule of law, prevents inter-state conflicts and wars. Therefore, at all times, the rule of law is an indispensable enabler and goal for peace and security.
Pakistan is committed to the rule of law. Prime Minister Nawaz Sharif has said that all roads to national security, strong and unimpeachable defense and institutional balance emerge from adherence to the constitutional order and the rule of law. The rule of law includes the fundamental principles of equality before the law, equal treatment before the law and due process.
The normative and empirical value of the rule of law in preventing conflicts, as well as making and building peace is proven. The United Nations’ existing repertoire of the rule of law, as you have pointed out in your paper, covers a broad spectrum including policing, legislation, transitional justice, security sector reform, natural resources, and laws to combat sexual violence, corruption and money-laundering.
To attain clarity, credibility and achievability in the design of mandates, more resources and expertise should be harnessed for data collection; and conscious and repeated efforts should be made to build synergy among senior UN leadership in-country. Moreover, the UN should work with the host countries for integrating the rule of law into their core national priorities.
Each conflict situation is unique and has its own dynamics. Each country requires a customized solution to meet its requirements.
We agree with you that reform in one sector should not outpace progress in other sectors in a manner that the overall investment in the rule of law is undermined.
We thank the Secretary General for his report on ‘Measuring the effectiveness of the support provided by the United Nations system for the promotion of rule of law in conflict and post-conflict situations”. Let me make a few comments on it.
As a multi-dimensional social and political reality that varies by context, changes in the rule of law cannot be captured easily through a single, time- bound or specific effort to measure it.
National perspectives of Member States are important for working on the availability of data, monitoring mechanisms, analytical frameworks, and evaluation systems.
Member States must be consulted at the time of making changes in the rule of law-related activities in the UN system at the field level and at the Headquarters for a strategic reorganization or operational support.
In planning for transitions and draw-downs, correct assessments and precise timings are important including with regard to the degree of maturity in rule of law mandates. Some countries manage to have a semblance of stability but are actually teetering on the brink of relapse, because the root causes and the key drivers of conflict continue to influence the underlying dynamics. In such situations, transitional criminal justice and national reconciliation processes must move in tandem for closures.
The rule of law will not take root in fragile societies if it is not supported by strong institutions. Extended, result-oriented investment in civilian capacities is therefore a must. In the post-conflict situations, the Peacebuilding Commission and its different configurations should play a major role. The Commission should not be treated as an accouterment but an integral part of the overall peace-building effort.
The rule of law should not be imposed top-down. It should be peoples-driven and supported by the grass roots communities. National ownership will guarantee the success of the rule of law if it is the product of national ethos.
Let me list a few additional points that we should take away from this debate:
Strong ground work and comprehensive assessment at the field level are crucial for better design and implementation of mandates, including their prioritization and sequencing.
Timely and assured provision of adequate resources and funding is critical for success. And since resources are scarce, it is essential to direct them from the very beginning to the right areas, such as addressing the root causes
There is a need to better utilize the linkage between rule of law interventions and the political processes for peace dividends.
The DPKO-UNDP-led Global Focal Points should play their important role in ensuring system-wide coherence and synergy of the effort.
The UN must build its capacity to uphold the rule of law, both at the national and international levels. International judicial institutions should be strengthened. Their frequent use, as well as resort to other diplomatic means such as negotiation, mediation, conciliation, arbitration and good offices of the Secretary General, as enshrined in the Charter, will promote the pacific settlement of disputes and strengthen the rule of law.
Efforts should be made to implement all resolutions of the Security Council uniformly and non-selectively. Selective implementation creates an unjust environment, deepens conflicts and compounds the suffering of the affected people. It also erodes confidence in the system and undermines the UN’s credibility overtime.
The United Nations should play a leading role in upholding and promoting the rule of law by setting examples.
I thank you.