Statement by Ambassador Abdullah Hussain Haroon, Permanent Representative of Pakistan in the informal meeting of the Ad hoc Working Group on revitalization of the General Assembly (5 June 2009)

Co-Chairs,

Thank you for convening these informal consultations and I extend my appreciation to both, Ambassador Fernanda Espinosa and Ambassador Wetland, for your great personal interest and determination in carrying the process forward. We assure you of our full cooperation and support.

  1. Pakistan delegation associates itself with the statement made by the distinguished representative of Algeria on behalf of Non-Aligned Movement.

Co-Chairs,

  1. Pakistan shares the overarching objective of the discussions under this cluster and we also share the growing concern of the UN’s general membership that over the past two decades the role and effectiveness of the UN General Assembly – has been progressively and significantly eroded.
  2. Pakistan has consistently held that the issue of revitalization of the General Assembly is a political not a procedural one, and the real revitalization of the Assembly will happen only once the general membership displays the political will and determination to enable the Assembly to discharge its prescribed role and responsibility as envisaged by the UN Charter and only once the erosion of this role and authority – principally by the Security Council and, to certain extent, by the Secretariat – is halted and reversed.
  3. A first step on how best we can deal with the issue of the Role and the Authority of the GA is to assess the implementation of the GA resolution 58/126, and see how far we reached in this regard, and discuss why we could not achieve more. At the Millennium Summit, our leaders pledged to enable the General Assembly to play that role effectively.
  4. We must redeem that pledge and to make a real difference all Member States should; (i) renew their political commitment to implement General Assembly resolutions on a non-selective and non-discriminatory basis; (ii) stipulate unequivocally that the General Assembly’s mandated role under the Charter should not be undermined by infringement of its functions by other organs, particularly the Security Council; (iii) pledge adequate human and financial resources to the Organization to ensure the full implementation and follow up of all mandated activities; (iv) reaffirm that the priorities of the Organization should be determined by the General Assembly, which should also exercise full authority to allocate and re-allocate financial and human resources required to fulfill intergovernmental mandates; and (v) direct that the General Assembly resolutions 58/316, 58/126, and other relevant resolutions on streamlining the agenda and work of the Assembly and the future resolutions on revitalization of the General Assembly should be fully implemented
  5. We also have to utilize more effectively the complementarities between the mandates of the principal organs. In this regard we support the various proposals for strengthening and institutionalizing the mechanisms of interaction and information exchange between the principal organs.
  6. It is particularly vital to ensure the exercise of Assembly’s role in the maintenance of international peace and security in accordance with Articles 10,11,12,14 and 35 of the United Nations Charter.
  7. Notwithstanding such unanimous commitments, measures of encroachment on the prerogatives of the Assembly are escalating. To give an example, there is a tendency that the ECOSOC reviews resolutions adopted by the GA and the Security Council is seizing itself of matters that are within the competence of the GA like disarmament, Human Rights, AIDS and disease, terrorism, Humanitarian issues, climate change and other matters. The encroachment on the role of the Assembly by the Security Council should be reversed and the thematic issues raised in the Council should be reverted to the General Assembly.

    Co-Chairs,

  8. There is another area where we see that General Assembly could play a role to add to legitimacy of the UN action. An increasing number of court cases are coming up in the national and regional courts against the UN Sanctions. Preventive nature of the sanctions makes the listings very simple and enforcement friendly. The legal Committee is more inclined to verifiable evidence which could be justified in a court of law. They also raise questions of due process and effective remedy.
  9. The public release of case statements mainly comprising of questions presented in the case statements at the time of listing normally do not qualify as legal evidence. It is also said that due to acute security concerns it is often difficult to share evidence with regional courts. Therefore, we may consider General Assembly review mechanism to verify the credibility of listings.
  10. The General Assembly considers the reports submitted to it by the Council. It more importantly elects the members of the Council. Primary responsibility for the maintenance of international peace and security is conferred on the Council by the UN Member States and it is on their behalf that the Council acts in carrying out its duties. “Responsibility” and “accountability” then become the two most important pillars of this relationship, and it is these pillars that we must strengthen through this reform.
  11. Power of the Security Council must be regulated and subjected to the principles of the Charter, international law and justice. Its work should be limited to the maintenance of international peace and security and, I say clearly, should not be used to replace international law making processes. Its actions could be subjected to judicial review of the ICJ. To enhance credibility, there should also be a mechanism to review the implementation of decisions of the Security Council. The Council should employ its powers in a fair, objective and consistent manner which can stand legal and political scrutiny and accountability by the UN General Assembly.
  12. The best way of ensuring increased accountability of the Council is to strengthen the role and authority of the General Assembly in determining its representation in the composition of the Council on a continuous basis. National permanent membership, for all the reasons is the exact opposite of this objective. On the other hand, strengthening the presence of the elected members through equitable regional representation and fair rotation will make the Council more accountable to the General Assembly and restore the balance between the two organs.
  13. The General Assembly should resort more frequently to the ICJ for its advisory opinions on important legal issues. The ICJ should also be empowered, at the request of the General Assembly, to review decisions taken by the Security Council.

    Co-Chairs,

  14. The role of General Assembly in the appointment of Secretary-General needs to be fully implemented. We believe that a thorough discussion of this subject is important to reassert the role of the GA in this process.
  15. The President of the General Assembly should consult with the Member States for the identification and appointment of the best person to the post of the Secretary-General. Due regard must be given to regional rotation and gender equality in the process. The President should, after informing the Member States of his identification of a potential candidate may forward the results to the Security Council. This practice needs to be implemented in the spirit of relevant resolutions.
  16. I would like to add that the human resources of the Organization must be managed through a competency based system. There should be no room for arbitrary decisions on appointments or dismissals. This Assembly’s administrative role should be strengthened inter alia by requiring the Secretary-General to consult the Assembly on all high-level appointments, including the appointment of SRSGs. The principle of equitable geographical distribution and gender balance must be reflected in appointments to senior posts. The Assembly’s approval should also be secured for the establishment of High-Level Panels on various issues and the selection of their members.
  17. Finally, the public’s disconnect with the workings of the UN is growing, despite for example, the increasing visibility of the UN’s good work in peacekeeping. We have to examine and understand why there is deterioration in the public mind globally of the relevance of the UN and the General Assembly in particular. It is unfortunately often viewed as a flaccid talk shop that does not deliver. That is precisely why the GA’s revitalization is a real and pressing requirement not an exercise in semantics.

    Co-Chairs,

  18. I would like to thank you for enabling a very useful exchange of views in a climate of good faith and full ownership of member states. This should also be the way to proceed further. We believe the membership should collectively take stock of the discussion held so far and determine the best approach to make further progress.
  19. We look forward to a substantive and constructive debate on this important item, which has far reaching implications for the future of our Organization. We assure you of full cooperation of Pakistan delegation in evolving positive and generally acceptable decisions to strengthen the United Nations and Revitalize the General Assembly.

I thank you.