The Rule of Law at National and International Levels

Statement by Mr. K. K. Agha, Ambassador-At-Large in the Sixth Committee on agenda item The Rule of Law at National and International Levels(13 October 2008)

Mr. Chairman,

First of all my delegation would like to align itself with the statement made by the distinguished representative of Cuba on behalf of the Non-aligned Movement.

  1. I would also like to take this opportunity to once again thank the delegations of Mexico and Liechtenstein for proposing this item on the agenda of the Sixth Committee. The interest shown by the Member States during this and the previous debates on the Rule of Law amply indicates the success of this initiative.

Mr. Chairman,

  1. The quest for defining and implementing justice and the Rule of Law has been central to the march of civilizations as the rule of law has always remained critical in the realization of social and economic justice, and international peace and stability.
  2. The Constitution of Pakistan is founded on the principle of equal rights and equal treatment of all persons before the law. It guarantees fundamental rights and freedoms, including economic and political justice, freedom of thought, expression, belief, faith, worship, association and independence of the judiciary. It makes special provisions for representation of women in elective institutions. It directs the state to (a) take appropriate measures to enable women to participate in all spheres of life and community activities, (b) safeguard the rights and interests of the minorities, including their representation in the federal and provincial services, and (c) make provisions for securing just and humane conditions for work and ensuring that children and women are not employed in vocations unsuited to their age or sex.
  3. In keeping with the spirit of its constitution, Pakistan today is a full-fledged democracy. Through great sacrifices and struggle the people of Pakistan have chosen and endorsed democratic institutions as the only acceptable and the most viable form of government. This was no better illustrated by the people’s verdict in the general elections held in February 2008. Today Pakistan has both a sovereign Parliament and an elected President fully reflecting the aspirations of the people. The Pakistani people strongly believe that democracy and rule of law are intertwined. I am confident, the sense and act of participation achieved by the people through their struggle for democracy will promote and strengthen rule of law in my country.
  4. I must also before this august body pay tribute to former Prime Minister Ms Benazir Bhutto who throughout her long and distinguished political career strove for the empowerment of women, democracy and the promotion of the rule of law.. Noble causes which lead to her making the ultimate sacrifice for the benefit of the Pakistani people.

Mr. Chairman,

  1. Pakistan fully subscribes to the principle that the culture of impunity should never be allowed to prevail. Those responsible for atrocities must be brought to justice. We fully support the mandate and work of the International Criminal Tribunals for Rwanda and the former Yugoslavia. These tribunals are playing an important role. They have shown that, within their scope, no one is above or beyond the reach of international law. We stress that impunity for serious crimes against humanity, including genocide, must never be tolerated. Responsibility for such violations must primarily include the leadership figures who create such policies in addition to those foot soldiers who carry out such policies. Concerted efforts must be made to arrest the fugitives and to bring them to justice.

Mr. Chairman,

  1. The rule of law plays a pivotal role in post conflict divided societies. The principles of the rule of law are critical to the realization of social and economic justice, and for the implementation of political, economic, cultural, religious and environmental rights. Since long, the United Nations has been deploying peacekeeping troops in post conflict situations. These troops have played exemplary roles all over the World in often trying and dangerous circumstances. Their achievements are, rightly, a source of satisfaction and great pride for their parent countries, including Pakistan.
  2. 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. These societies should be helped to stand on their own feet through national institution building, particularly, national judicial capacity building. Good use of indigenous and informal traditions for administration of justice and settlement of disputes may be made possible, if these are consistent with international norms.
  3. Pakistan fully supports the establishment of the Rule of Law Assistance Unit under the leadership of the Deputy Secretary General which hopefully will ensure that all the various rule of law projects will be effectively coordinated and minimize duplication and the wastage of valuable resources.

Mr. Chairman,

  1. Establishing the principles of justice and the rule of law is essential for the establishment and maintenance of order at the inter-state and intra-state level, as the national and international rule of law are complementary to each other. The national rule of law strategies must be complimented by the international rule of law strategies. The inconsistency in the application of rule of law at these two levels must be eliminated.
  2. The resolutions and decisions of the Security Council must also be implemented uniformly and without discrimination, and also with equal force irrespective of their falling within Chapter VI or Chapter VII. Selective implementation creates an unjust environment, deepening conflicts and compounding the suffering of the peoples. It erodes confidence in the system and undermines credibility of the United Nations.

Mr. Chairman,

  1. The international judicial institutions must be strengthened to promote adherence to the principles of the UN Charter and international law. The use of international judicial institutions should be made to promote pacific settlement of disputes. In this regard the Security Council should make the best possible use of the International Court of Justice in the light of the United Nations Charter.
  2. Situations posing a threat to international peace and security must be dealt with by the United Nations, especially by the Security Council, in line with the principles enshrined in the UN Charter. In particular, the use of force should be consistent with the Charter’s principles relating to collective security.
  3. The commitment we make to strengthen and advance the international rule of law will be a lasting legacy for future generations. Today’s discussion advances our dialogue on this essential need of humanity. We have no doubt that the General Assembly would continue to follow this subject with the commitment and seriousness that it deserves.

I thank you Mr. Chairman