Wednesday, September 17, 2014

“The Rule of Law at the National and International Levels”

Statement by, Mr. Mohammad  Erfani Ayoob,

Minister  Counsellor

Permanent Mission of Afghanistan to the United Nations

On Agenda  Item 83

“The Rule of Law at the National and International Levels”

on behalf of H.E. Zahir Tanin

Mr. Chairman,

At the outset, my delegation wishes to thank the Secretary General for his annual report A/64/298 on strengthening and coordinating UN Rule of Law activities submitted pursuant to GA resolution 63/128.

This first report, which builds upon various principal UNGA resolutions where my country Afghanistan also has been mentioned, illustrates the key achievements, identifies the areas in need of more action and highlights the implementations process of the SGs recommendations made last year. We associate our self with the statements made by Iran on behalf NAM.

Mr. Chairman,

Afghanistan strongly adheres to the rule of law both at the national and international level.

My delegation welcomes the establishment of the Rule of Law Coordination and Resource Group and the Rule of Law Unit and looks forward to further steps to implement the Joint Strategic Plan for 2009-2011.

We appreciate the fact that the  efforts to ensure the overall coordination and coherence on the UN engagement by Rule of Law Coordination and Resource Group , chaired by Deputy Secretary General  and supported by the Rule of Law Unit , have continued to enhance the UN’s Rule of Law assistance . However there is still more need to be done to ensure the central coordinating and leadership role of UN in the field of capacity building in the post conflict countries  and  move towards and assist countries to develop their national laws to incorporate, appropriate, international norms and  standards .

Mr. Chairman,

The rule of law must be strengthened at all levels – national, international and institutional levels.

We see promotion of the rule of law as an essential tool for ensuring peace and security, good governance, sustainable development, social progress and human rights for all.

Strengthening the rule of law at the international level is critical to effectively address global challenges. The promotion of rule of law at the international level is fundamental in promoting democracy, human rights, sustainable development, peace full co-existence and cooperation among states, fighting international crime and terrorism, and promoting justice and peace, especially in post conflict societies. In this regard, support for capacity building in the developing countries is crucial so that they can fulfill their obligations at the national level effectively.

One of the important aspects of the promotion of rule of law at international level is the implementation by states at the national level of the obligations taken by them under international treaties and agreements and my country is committed to the requirement in respect of the treaties to which it is a party.

Mr. Chairman,

The justice sector like any other sector in Afghanistan had suffered greatly as result of more than two decades of war and terrorist attacks. The Justice Sector physical infrastructure had demolished either wholly or partially. The working capacity had significantly dropped off and the rule of law was seriously weakened.

For the last seven years since the international community committed itself to Afghanistan major results have been achieved on the area of Rule of Law and Justice. In the frame work he London Afghanistan Compact and the Afghan National Development Strategy (ANDS) , the National Justice Sector Strategy and the National Justice Programme, as the basis of a collaborative and strategic nationally led justice reform process have been established.

In order to improve the  Rule of Law in the national level Afghanistan with the support by International Community has taken necessary steps to develop the human and institutional capacity of the justice sector, increase access to justice, particularly for women, improve good Governance , fight corruption and build a Security forces .

The United Nations, donor Countries and non-governmental organizations are playing a commendable role to support the Government of Afghanistan in restoring and improving of justice and the rule of law in Afghanistan.

In conclusion Mr., Chairman,

This agenda item initialed “The Rule of Law at the National International Levels ” is an important subject for my delegation.

For Afghanistan, rule of law at the international level is intrinsically linked to rule of law at the domestic level. Its promotion is dependent on commitment of all UN Member States to the principles enshrined in the UN Charter as well as in other international instruments, such as peace, stability, governance, and development.

The  United Nations  in particular the General Assembly must play a central role in promoting and coordinating the efforts towards the strengthening the Rule of Law at the National and International levels .

Thank you

“Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”

Statement by, Mr. Mohammad  Erfani Ayoob, Minister Counsellor Permanent Mission of Afghanistan to the United Nations

On Agenda Item 82

“Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”

Delivered before the Sixth Committee on October 19th , 2009.
on behalf of H.E. Zahir Tanin

Mr. Chairman ,

I would like to thank the Chairman Mr. Emmanuel Bichet, the bureau, and the officers of the  Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization for presenting us today with Report A/64/33, as well as the recommendations therein. My delegation associates itself with the statement delivered by the distinguished delegation of the Islamic Republic of Iran of behalf of NAM.

Afghanistan strongly supports the central role of the United Nations as a forum for addressing all global issues dealing  with international cooperation, peace and security, human rights and the rule of law, and economic development and social progress, all based on dialogue, cooperation and understanding amongst Member-States. We attach great importance to the work of the Special Committee of the Charter of the United Nations and on the Strengthening of the Role of the Organization. We believe that the Charter Committee, by adopting several international legal instruments, continues plays a constructive role for the maintenance of International peace, security, and stability.[AI1]

We support the full implementation of the mandate of the Committee and stress the need to further improve the working methods of the Committee.

Mr. Chairman,

The Charter Committee, in meetings held from the 17-25 of February 2009, discussed several important subjects that my delegation would like to make remarks on:

1 – Sanctions remain an important tool under the Charter of the United Nations in the Organization’s efforts to maintain international peace and security without recourse to the use of force. Sanctions should be carefully targeted in accordance with the Charter, must be supported by clear objectives, and be implemented in ways that effectively balance desired results against possible adverse consequences, including socio-economic and humanitarian consequences, while taking into account third States that will be indirectly affected. These sanctions should be reviewed periodically.

The imposition of sanctions should be undertaken as a last resort, only after all means of peaceful resolution have been exhausted, and an evaluation of the effects of the sanctions has been thoroughly considered.

My delegation particularly attaches great importance to this aspect of the work of the Special Committee, as Afghanistan is deeply involved with the activities of the 1267 Security Council Sanctions Committee on the Taliban and Al-Qaida.

Sanctions regimes with regard to individuals and entities should ensure that the decision to list and delist them is based on fair and clear procedures, and that regular reviews of names on these lists are conducted.

On the issue of implementing the Charter provisions on assisting third estates affected by implemented sanctions, my delegation supports  the provisions of relevant general Assembly resolutions addressing this issue and welcomes the work accomplished by the informal Working group of the Security Council on the general issue of sanctions.

Afghanistan welcomes the progress made by the Security Council in establishing new procedures for the listing and delisting of individuals and entities on sanctions lists. We call on the Security Council sanctions committee to carefully study each case, create clear criteria and mechanisms for listing and delisting, and constructively consider the requests of States on the listing and delisting process.

Afghanistan is committed to implementing its obligations under Security Council Resolution 1267 and calls on all Sates to implement, in good faith, their obligations within their jurisdictions.

2- The peaceful settlement of disputes is one of the basic principles of international law under the Charter of the United Nations and the most effective and efficient tool for maintaining international peace and security. Afghanistan, while emphasizing the principles enshrined in the Charter of the United Nations relating to the peaceful resolution of disputes, reaffirms the important role played by judicial mechanisms, inter alia the International Court of justice (ICJ).

3 – We appreciate the excellent contribution to the institutional memory of the international system of the Repertoire of Past Practice of the United Nations, and of the Security Council. In this context, we command the Secretariat for the work done in updating these important documents as well as the progress achieved with regard to the incorporation of the Repertory volumes on the United Nations website. Furthermore, we welcome the enhanced cooperation with academic institutions, as well as the progress made towards making academic publications available on the Internet, including advance versions of the studies.

4- We reaffirm the importance of carrying out reforms to the Organization in accordance with the principles and procedures established by the Charter of the United Nations in preserving the legal framework of this constitutional instrument. For this purpose, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization can contribute to the examination of the legal matters in the reform process of the United Nations, and the democratization of its principal organs.

Thank You


Ambassador Tanin is appointed again as Chair of the intergovernmental negotiations on Security Council reform

H.E. Dr. Zahir Tanin, Ambassador and Permanent Representative of Afghanistan to the United Nations as Chairman of the ongoing intergovernmental negotiations on Security Council reform.

In a letter sent today, H.E. Mr. Ali Abdessalam Treki, President of the 64th General Assembly appointed the Ambassador as chairman, thanked him for accepting the responsibility and requested that member states “continue to extend [their] full cooperation and support to the process of Security Council reform.”

Ambassador Tanin has chaired the intergovernmental negotiations process since the process began last February, as mandated by a decision of the General Assembly. Since then, Ambassador Tanin has overseen three rounds of negotiations.

The first round included five exchanges, one on each of the five key issues: categories of membership; the question of the veto; regional representation; size of an enlarged Security Council and working methods of the Council; and the relationship between the Council and the General Assembly. The second round included three exchanges: the first on the concept of review or challenge; the second on the composition of the Council; and the third on voting, procedures and working methods of the Council. Finally, the third round included three exchanges; the first on all five key issues together; the second on the model including expansion in both categories of membership (permanent and non-permanent); and the third on the “intermediate model.”

As a result of the efforts of the Afghan Permanent Representative, member states moved forward with confidence in the process. Significant percentages of the membership participated in each of the three rounds, and member states from all interest groups were able to air their views freely. At the end of the session, President Miguel d’Escoto Brockmann sent a letter to President Karzai, thanking him for allowing Ambassador Tanin to take on this important role, and expressing his appreciation for the work that Ambassador Tanin accomplished over the course of the year.

In September 2009, the General Assembly took a unanimous decision to continue the intergovernmental negotiations during the 64th General Assembly. The President of the General Assembly’s reappointment of Ambassador Tanin ensures that the process will have continuity and will retain the spirit of transparency and openness that categorized its first year. In the near future, Ambassador Tanin will continue negotiations with an aim to finding a solution on the reform of the Security Council that can garner the widest possible political agreement from Member States.