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Sixth Committee (Legal) — 71st session

The rule of law at the national and international levels (Agenda item 84)

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Documentation

Summary of work

Background (source: )

This item was included in the provisional agenda of the sixty-first session of the General Assembly, in 2006, at the request of Liechtenstein and Mexico (). The Assembly considered the item from its sixty-first to its seventieth sessions (resolutions , , , , , , , , , and ).

At its seventieth session, the General Assembly recalled the 2012 high-level meeting of the Assembly on the rule of law at the national and international levels held during the high-level segment of its sixty-seventh session and the declaration adopted at that meeting. The Assembly encouraged the Secretary-General and the United Nations system to accord high priority to rule of law activities and welcomed the adoption of the 2030 Agenda for Sustainable Development. It recognized the role of multilateral treaty processes in advancing the rule of law and recalled the constructive debate held on this subtopic in the Sixth Committee, reaffirmed its support for the annual treaty event organized by the Secretary-General, recognized the importance of the registration and publication of treaties in accordance with Article 102 of the Charter and invited the Secretary-General to review the regulations giving effect to that Article, while welcoming the efforts made to develop and enhance the United Nations electronic treaty database and encouraging the continuation of such efforts in the future. The Assembly further recognized the importance of the legal publications prepared by the Treaty Section of the Office of Legal Affairs of the Secretariat and welcomed the organization of workshops on treaty law and practice, both at the regional level and at United Nations Headquarters, as an important capacity-building initiative. The Assembly also recognized the importance of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law to the furtherance of United Nations rule of law programmes and activities, emphasized that further technical assistance and capacity-building initiatives, focused on increasing and improving the participation of Member States in multilateral treaty process, should be examined and invited States to support these activities. It reiterated its request to the Secretary-General to ensure greater coordination and coherence among United Nations entities and with donors and recipients and called for dialogue to be enhanced among all stakeholders with a view to placing national perspectives at the centre of rule of law assistance in order to strengthen national ownership. It called upon the Secretary-General and the United Nations system to systematically address, as appropriate, aspects of the rule of law in relevant activities, including the participation of women in rule of law-related activities, recognizing the importance of the rule of law to virtually all areas of United Nations engagement. It recalled the commitment of Member States to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all, including legal aid and encouraged further dialogue and the sharing of national practices in strengthening the rule of law through access to justice, including with regard to birth registration and legal aid, where appropriate, in both criminal and civil proceedings; and stressed the importance of promoting the sharing of national practices and of inclusive dialogue. The Assembly welcomed the proposals made by the Secretary-General inviting Member States to voluntarily exchange national best practices on the rule of law in informal meetings and on an electronic depository of best practices on the United Nations rule of law website. It also requested the Secretary-General to submit, in a timely manner, his next annual report on United Nations rule of law activities addressing, in a balanced manner, the national and international dimensions of the rule of law. The Assembly invited Member States to focus their comments in the 2016 Sixth Committee debate on the subtopics “Sharing national practices of States in the implementation of multilateral treaties” and “Practical measures to facilitate access to justice for all, including for the poorest and most vulnerable” ().

Consideration at the seventy-first session

The Sixth Committee considered the item at its 4th, 5th, 6th, 7th, 8th and 33rd meetings on 5, 6 and 7 October and on 11 November 2016 (, , , , and ). For its consideration of the item, the Committee had before it the report of the Secretary-General on strengthening and coordinating United Nations rule of law activities ().

Introductory statements were made by the Chair and the Deputy-Secretary-General at the 4th and 5th meetings respectively. In particular, at the 5th meeting, on 5 October 2016, the Deputy-Secretary-General introduced the report of the Secretary-General and made a statement on the sub-topics “Sharing national practices of States in the implementation of multilateral treaties” and “Practical measures to facilitate access to justice for all, including for the poorest and most vulnerable”.

Statements were made by the representatives of Dominican Republic (on behalf of the Community of Latin American and Caribbean States (CELAC)), Iran (Islamic Republic of) (on behalf of the Non-Aligned Movement (NAM)), South Africa (on behalf of the African Group), Trinidad and Tobago (on behalf of the Caribbean Community (CARICOM)), Cambodia (on behalf of the Association of Southeast Asian Nations (ASEAN)), the European Union, also on behalf of its Member States (the candidate countries Turkey, the former Yugoslav Republic of Macedonia, Montenegro, Serbia, and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia aligned themselves with the statement), Denmark (on behalf of the Nordic countries), New Zealand (on behalf of Australia, Canada and New Zealand (CANZ)), Cuba, Switzerland, the Russian Federation, Turkey, Qatar, Libya, El Salvador, Singapore, Peru, the Sudan, Lebanon, Thailand, Burkina Faso, Brazil, Austria, Ukraine, Indonesia, Venezuela (Bolivarian Republic of), Lao People’s Democratic Republic, Myanmar, India, Liechtenstein, Zambia, Japan, the United States of America, Sri Lanka, Nicaragua, Kenya, Bangladesh, Tunisia, Georgia, Maldives, Slovenia, Ghana, Costa Rica, the United Republic of Tanzania, Malaysia, Israel, Nigeria, Guatemala, Mexico, Algeria, Azerbaijan, Morocco, Senegal, Argentina, Viet Nam, Iran (Islamic Republic of), the Republic of Korea, Tonga, Afghanistan, Pakistan, Botswana, Kuwait, the Philippines, China [in English], Nepal, Belarus and Malawi.

Statements were also made by the permanent observer for the Holy See, the permanent observer for the State of Palestine. Statements were also made by the observer of the International Development Law Organization (IDLO) and the observer of the International Committee of the Red Cross (ICRC).

The representatives of the Russian Federation, the Philippines and China made statements in the exercise of the right of reply.

Delegations thanked the Secretary-General for his annual report (A/71/169), particularly as regards the extension of the section on the rule of law at the international level and the review of the multilateral treaty processes. Nonetheless, some delegations pointed out that the report could have been more detailed as regards issues of access to justice, the fight against corruption, and the fight against terrorism.

In their general observations, many delegations underlined the central role of the rule of law at the national and international levels to support international peace and security, in achieving socio-economic development and in serving as an important foundation for the universal respect of the principle of justice in accordance with the Charter of the United Nations and the fulfilment of its purposes, including the sovereign equality of States, the peaceful settlement of disputes and territorial integrity. Several delegations also stressed the need for all States to adhere to the rule of law and the importance of fighting impunity and seeking accountability. At the same time, several delegations highlighted that there was no singular definition of the rule of law, underlining that different approaches must be undertaken to accommodate States’ domestic needs.

In accordance with General Assembly resolution 70/118, delegations focused their debate on the sub-topics “Sharing national practices of States in the implementation of multilateral treaties” and “Practical measures to facilitate access to justice for all, including for the poorest and most vulnerable”. As regards the former, delegations generally highlighted the key role that multilateral treaties play in laying down common rules for all nations and strengthening a rules-based international system, contributing to predictability, transparency and equality in treaty relations. Accordingly, delegations expressed their commitment to implementing their multilateral treaty obligations and outlined the procedures and possible challenges relevant to the implementation of multilateral treaty obligations in their domestic legal orders. With regard to the latter, delegations noted that the provision of equal, easy access to justice for all, including for the poorest and most vulnerable, was essential for promoting the rule of law at the national level. Some delegations outlined practical measures that their State or regional group had undertaken to guarantee such access to justice, including institutional, administrative, legislative and judicial measures. A number of delegations also highlighted the importance of providing legal aid and assistance to individuals and noted their domestic practices in this regard.

Many delegations highlighted the fundamental role of the rule of law in advancing the three pillars of the United Nations (i.e., peace and security, human rights and development), with some delegations noting how this interrelationship was key in promoting peaceful and inclusive societies that are supported by effective and accountable institutions.

A number of delegations drew a link between the rule of law and the promotion of socio-economic causes, including the reduction of poverty, hunger and inequality; the advancement of human rights, health care and environmental protection; and the promotion of economic growth and sustainable development. Delegations further emphasized that the promotion of the rule of law was crucial for the achievement of the Sustainable Development Goals, in particular Goal 16.3.

Some delegations stressed the need for the rule of law to be integrated in all aspects of the work of the United Nations, underlining that there was room for improvement to avoid duplication of efforts and to increase the efficiency of the activities within the Organization and towards strengthening the rule of law at the national and international levels. Several delegations further stressed the need to revitalize the General Assembly, strengthen the Economic and Social Council and reform the Security Council.

Several delegations welcomed United Nations activities in a wide range of rule of law areas and emphasized the importance of the provision of technical assistance and capacity building to Member States. In particular, delegations welcomed the work of the Rule of Law Coordination and Resource Group (ROLCRG) and the Rule of Law Unit in coordinating and exchanging information on United Nations rule of law activities. Delegations further encouraged the next Secretary-General to continue giving high priority to the rule of law in the work of the United Nations.

Delegations commended the efficient work of the United Nations Office of Legal Affairs (OLA) in discharging the functions of depository of multilateral treaties and in the area of capacity building related to the promotion of the law of treaties and treaty practice. Delegations also welcomed the use of new technologies to increase the efficiency of the work of the United Nations on treaty matters, especially in relation to the database maintained by the Treaty Section.

Some delegations recalled and commended the high-level meeting of the General Assembly on the rule of law at the national and international levels, held on 24 September 2012, as a milestone in the General Assembly’s discussions on the rule of law aiming to develop a common understanding among Member States and the Declaration adopted at that occasion.

Several delegations emphasized the important work of the International Court of Justice (ICJ) in the peaceful settlement of disputes and the important role of the International Criminal Court (ICC) in the fight against impunity. Some delegations also noted the role that ad hoc and mixed tribunals could play in enhancing the rule of law and further stressed the importance of alternative dispute settlement mechanisms, such as negotiation, the use of good offices, mediation and conciliation.

Action taken by the Sixth Committee

At the 33rd meeting, on 11 November 2016, the representative of Liechtenstein, on behalf of the Bureau, introduced a draft resolution entitled “The rule of law at the national and international levels” (). At the same meeting, the Committee adopted draft resolution A/C.6/71/L.27 without a vote.

Under the terms of this draft resolution, the General Assembly would, inter alia: recall the high-level meeting of the Assembly held during the high-level segment of its sixty-seventh session and the declaration adopted at that meeting; encourage the Secretary-General and the United Nations system to accord high priority to rule of law activities; recall the constructive debates held on the two sub-topics in the Sixth Committee during this session and recognize the role of the sub-topics in strengthening and advancing the rule of law at both the national and international levels; call for the continuation of the dialogue initiated by the Rule of Law Coordination and Resource Group (ROLCRG) and the Rule of Law Unit in the Executive Office of the Secretary-General with Member States on the topic “Promoting the rule of law at the international level”; call for dialogue to be enhanced among all stakeholders with a view to placing national perspectives at the centre of rule of law assistance in order to strengthen national ownership; call upon the Secretary-General and the United Nations system to systematically address, as appropriate, aspects of the rule of law in relevant activities, including the participation of women in rule of law-related activities; recall the commitment of Member States to take all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all; encourage further dialogue and the sharing of national practices and expertise in strengthening the rule of law through access to justice; and invite Member States to voluntarily exchange national best practices on the rule of law in informal meetings and on an electronic depository of best practices on the United Nations rule of law website. The Assembly would further decide to include the item in the provisional agenda of its seventy-second session and invite Member States to focus their comments during the upcoming Sixth Committee debate on the sub-topic “Ways and means to further disseminate international law to strengthen the rule of law”.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-second session (2017).

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