Saturday, October 25, 2014

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, Deputy Permanent Representative

Permanent Mission of Afghanistan to the United Nations

At the Sixth Committee

Of the 65th Session of the United Nations General Assembly

On Agenda  Item 84

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

New York

Check against delivery

STATEMENT BY

Mr. Mohammad Erfani Ayoob, Deputy Permanent Representative

Permanent Mission of Afghanistan to the United Nations

At the Sixth Committee

Of the 65th Session of the United Nations General Assembly

On Agenda  Item 84

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

18 October 2010- New York

Madam Chair,

The Special Committee on the Charter of the United Nations and on the Strengthening

of the Role of the Organization continues to play a constructive role for the maintenance

of International peace and security. Afghanistan attaches high importance to the work

of the Special Committee on the Charter , supports the full implementation of its

mandate and stresses the need to further improve its working methods.

Afghanistan reiterates its strong support for the central role of the United Nations as a

universal forum for addressing all global issues dealing with international cooperation,

peace and security, economic development and social progress, human rights and the

rule of law, based on dialogue, cooperation and understanding among States .

My delegation thanks the bureau of the Special Committee on the Charter of the United

Nations and on the Strengthening of the Role of the Organization, under the chairmanship

of Mr.Carlos Sorreta, for the presentation of the Report as well as the recommendations

contained in the document A/65/33. The Special Committee on the Charter discussed several important subjects in its deliberations from 1-9 March 2010. In this regard, my delegation would like to make stress on the following:

Madam Chair,

The peaceful settlement of disputes remains one of the essential goals of the United

Nations as enshrined in the Charter. It is the most efficient tool for maintaining

international peace and security as well as strengthening the rule of law in international

relations. Afghanistan is  committed to the principles of the UN Charter on

the peaceful settlement of disputes and at the same time recognizes the important role

of the judicial mechanisms, including the International Court of Justice (ICJ) for the

prevention and settlement of disputes among States.

We reaffirm the importance of the reform of the United Nations Organization to

be carried out in accordance with the principles and procedures established by the Charter

of the United Nations and preserve the legal framework of this constitutional instrument.

In this context, the Special Committee on the Charter can contribute to the examination

of legal matters in the reform process of the United Nations and democratization of its

principal organs.

Madam Chair,

We welcome the contribution to the institutional memory of the international system, of the Repertory of practice of the United Nations, and the Repertoire of the practice of the Security Council. In this context, we appreciate the efforts of 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. We support the call for continued voluntary contributions to the trust fund for updating of the repertoire and voluntary contributions to the trust fund for effective elimination of backlog in the repertory of practice of the United Nations organs.

Madam Chair,

Sanctions, applied in accordance with the Charter of the United Nations, remain an

important tool in the maintenance and restoration of international peace and security.

Sanctions should be designed with focus and carefully targeted in accordance with the

Charter.  They must be supported by clear objectives and be implemented in ways that balance effectiveness to achieve the desired results against possible adverse consequences, including socio-economic and humanitarian consequences, for populations and third States.

The imposition of sanctions should be considered as a last measure only after all means

of peaceful settlement have been exhausted and their effects had been thoroughly

considered. Sanctions should have a specified time frame and be subject to periodic

review.

My delegation supports the provisions of relevant General Assembly resolutions addressing the issue of assistance to third States affected by the application of sanctions

and calls for further measures to improve the procedures and working methods of the

Security Council on general issues of sanctions. In this regard, we welcome the report that due to the shift from comprehensive economic sanctions to targeted sanctions, no sanctions committees were approached by Member States with regard to special economic problems arising from the implementation of sanctions.

Afghanistan is closely working with 1267, Security Sanction Committee on Al-Qaida and the Taliban on the listing of new individuals and entities and delisting of individuals

under sanction.

While expressing our satisfaction with 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 Security Council sanctions committee to continue a careful  study of all individuals and entities on the list .  Additionally, the government of Afghanistan welcomes the delisting of some former members of the Taliban from the sanction list by the 1267 Committee and underscores the continued update for improving the quality of the list on the basis of a fair and clear procedure.

Afghanistan is fully committed to implementing its obligations under the 1267 SC Resolution and calls on all States to implement, in good faith, their obligations within their jurisdiction in this regard.

Thank you.

The Rule of Law at the National and International Levels

STATEMENT

BY

Mr. Mohammad Erfani Ayoob, Deputy Permanent Representative

Permanent Mission of Afghanistan to the United Nations

At the Sixth Committee

Of the 65th Session of the United Nations General Assembly

On Agenda  Item 83

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

Madam Chair,

Afghanistan attaches great importance to advancing the rule of law at both the national and international levels.  We believe this is an issue which is essential for promoting international peace and security, good governance, sustainable development, social progress and human rights for all. The United Nations, in accordance to the provisions of the Charter, must play a central role in leading, promoting and coordinating international efforts towards this purpose.

In this regard, my delegation welcomes the recent dialogue initiated by the Rule of Law Coordination and Resource Group and the Rule of Law Unit with Member States on the topic of “Promotion of the Rule of Law at the International level” and we welcome their efforts in ensuring the overall coordination and coherence on UN engagement in the field of capacity building in post-conflict countries. We call for continuation of dialogue to keep Member States abreast of UN activities that foster the Rule of Law at the national and international and national levels.

Madam Chair,

Two-decades of incessant armed conflicts and violence led to the destruction of our state institutions. Those which continued to operate carried out their duties with minimal capacity and resources. Among those which were severely affected include our rule of law and justice sectors.

Nevertheless, Madame Chair, since 2001 Afghanistan has come a long way in consolidating the rule of law throughout the country. Our constitution, which was adopted in 2001, serves as the supreme law in the country.  It is the very foundation upon which we established our democratic institutions, including the Executive, Legislative and Judiciary bodies, and a vibrant civil society, which is a strong advocate for promoting the rule of law and human rights in the country.

To improve the Rule of Law at the national level, the Government of Afghanistan, supported by the 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, combat corruption and strengthen our National Security Forces to ensure security and protect the rights of all citizens.

Building on the Kabul Conference commitments, the Government of Afghanistan, with the support of its international partners, is taking additional steps to enhancing the Rule of Law at the national level. We are working to:

  • Improve access to the delivery of justice throughout Afghanistan and enacting the draft Criminal Procedure Code along with preparation commentaries on Civil and Penal Codes.
  • Improve provision of legal aid services.
  • Align the National Priority of Law and Justice with the National Justice Programme and the National Justice Sector Policy.
  • Complete the informal justice strategy in alignment with the National Justice Sector Strategy.
  • Establish the statutory basis for the Major Crimes Task Force (MCTF) and the Anti-Corruption Tribunal (Special Courts).
  • Submit a law audit meeting international standards.
  • Establish a legal review committee to review Afghan laws for compliance with the United Nations Convention including the Convention Against Corruption.
  • Finalize the National Priority Programme for Human Rights and Civic Responsibilities, with the support of AIHRC and civil society.
  • Initiate a strategy for long-term electoral reform.

The International Community, including the United Nations, donor Countries and non-governmental organizations are making important contributions to help the Government of Afghanistan to restore and improve our justice system, and advance the rule of law throughout the country.

By the same token, we require the sustained and coordinated support and assistance of our partners, including relevant UN Agencies and NGOs to strengthen our capacity and further strengthen the Rule of Law at the national level.

Madam Chair,

In conclusion, for this debate to be effective we must address the responsibilities of Member States toward their international obligations. We stress the importance of Rule of Law at the international level, as an effective tool for addressing global challenges in promoting democracy, human rights, sustainable development, peaceful co-existence and cooperation among states, fighting international crime and terrorism, and promoting justice and peace for all.

The promotion of Rule of Law at the international level requires Member States to implement the relevant International laws and Treaties to which they are a party. Afghanistan is committed to its obligations in this regard.

We would like to express our gratitude to our partners in the international community,  relevant UN agencies, NGOs and all who are committed to the plight of the Afghan people and the creation of a world where justice can prevail.

Thank you.

Measures to Eliminate International Terrorism

Statement by,

Mr. Mohammad  Erfani Ayoob, Deputy Permanet Representative

Permanent Mission of Afghanistan to the United Nations

At the Six Commette  of the 65 session of the  UN General Assembly

On Agenda  Item 107

“Measures to Eliminate International Terrorism”

Madam  Chairperson,

I would like to extend my congratulations to you and the members of the Bureau on your elections. My delegation is confident in your able chairmanship and assures you of our full support and cooperation during the deliberations of this Committee.  First, I wish to align my delegation with the statement delivered by the (OIC) and the Non-Aligned Movement (NAM).

In addition, given the importance my delegation attaches to this agenda item, I would like to make a statement from our national perspective, highlighting some of our views on the Item under consideration.

Madam Chairperson,

Afghanistan has had a long and painful experience with terrorism and continues to suffer horrific terrorist attacks on a daily basis. Taking this opportunity, my delegation would like to extend its solidarity with all victims of terrorism around the world and to express its sincere condolences to the families of all those who have lost their lives at the hands of terrorists.

Madam Chairperson,

The General Assembly, as the most representative UN organ, has considered the issue of international terrorism for more than two decades. However, despite these and other efforts by the United Nations and Member States, terrorism still spreads and, along with the destructive and criminal activities associated with it, continues to threaten peace and security around the world.

Following the heinous attacks of 11 September 2001 in the United States, the international community unanimously declared the Global War on International Terrorism. The Government of Afghanistan and its partners in the international community have made tremendous progress in improving the lives of ordinary Afghans and creating conditions allowing them to live a life free from the fear of the threat of terrorism. Nevertheless, terrorist elements and enemies of peace and security in Afghanistan remain active: attacking schools, clinics, teachers, students- particularly young girls, doctors, humanitarian workers, government employees as well as Afghan and international security forces.

Terrorists operate across borders and use every available weapon, technique and opportunity to reach their destructive goals. They seek to deprive Afghans of their every basic right, and violate every norm of international law, particularly international humanitarian and human rights laws.

The people of Afghanistan, as well as other innocent people around the world, continue to experience horrific acts of terror and violence in their daily lives. We must intensify, and better coordinate, our efforts, in order to protect our people from this brutality.

Madam Chairperson,

For its part, Afghanistan reaffirms its strong commitment to fight against terrorism and    strongly condemns of all acts of terrorism and extremism. We remain convinced that terrorism, in all its forms, and manifestations, and irrespective of motivation or objective, committed by whomever, wherever, and for whatever purposes, can never be justified. Terrorism cannot be associated with any religion, nationality, race, faith, or culture, but is an evil that afflicts us all.

As an active partner of the international community in the war against terrorism and extremism, Afghanistan has taken specific measures at the national, regional and international levels to secure peace and stability in Afghanistan and in our region.

Afghanistan has adopted numerous terrorism-related laws and regulations, inter alia:

- Forbidding the paying of ransoms to those who are subject to sanctions as a result of their connection to Al Qaeda or the Taliban according to SC resolution 1904 adopted on December 2009,

- Mandating Afghanistan’s full cooperation with the subsidiary bodies of the Security Council related to counterterrorism namely 1267, 1373, and 1540,

- Combating the Financing of Terrorism,

- Combating Terrorist Criminalities,

– Combating money laundering and other criminal income

– Establishing a Financial Transaction and report Analysis Center, within the Central Bank of Afghanistan,

-Ratifying the UN Convention against Corruption,

- Establishing the Council of Scholars and Religious Leaders to advocate against terrorism as an anti-Peace and anti-Islamic action

- Creating independent national authorities and departments for counter terrorism within the relevant ministries to detect and study the phenomena of terrorism and its supporting elements, track terrorist elements, watch over banking and financial institutions, and freeze suspected accounts in implementation of Security Council Resolution 1822 (2008).

– Appointing a National Focal Point to the National Counter-Terrorism Focal Points group.

– Establishing an Inter Ministerial Working Group (IMWG) within the Ministry of Foreign Affairs to coordinate the implementation of all international conventions and protocols, as well as General Assembly and Security Council resolutions relating to international terrorism.

-        Requiring the Afghan National Security Forces including the ANA and the ANP, alongside international military forces, to take more responsibility for combating terrorism, providing stability and protecting the Afghan people.

In addition:

Afghanistan has joined all international Protocols and Conventions against International Terrorism,

Afghanistan has joined the Global Initiative Combating Nuclear Terrorism,

Afghanistan has provided or is finalizing its national reports to the relevant UN SC Committee secretariats,

Afghanistan is working closely with the 1267 and Counter Terrorism Committee (CTC) and other bodies regarding the listing and delisting of individuals and entities, on the basis a fair and clear procedure, including the delisting of individuals who join the stabilization process in the country and accept the Constitution,

Afghan delegations have participated actively in International Workshops on anti-terrorism, sponsored and financed by donor countries through the CTC, UNODC and other UN agencies.

We are making every effort to enhance regional cooperation with neighboring countries through various mechanisms and relevant forums, including SAARC to achieve prosperity, peace and stability, as an essential tool in fighting terrorism.

We have signed bilateral agreements with some countries and are participating actively in bilateral and trilateral mechanisms on anti drug and counter terrorism activities.

Madame Chairperson,

As a measure for lasting peace and security in Afghanistan, the Afghanistan has embarked on a comprehensive reintegration and reconciliation initiative to co-opt those armed opposition that are willing to give up violence, embrace Afghanistan constitution and democracy, and return to normal life. The national consultative peace jirga was a milestone for galvanizing national consensus for peace-building as an essential component of our overall efforts to improve security in Afghanistan.  The High Peace Council has been established to support, guide and monitor the implementation of our reintegration and reconciliation strategy. In this regard, we urge international support in terms of financial contributions to our “peace and reconciliation trust fund.”

Madam Chairperson,

Though the people and government of Afghanistan, with the generous support of our partner and friends in the international community, are making significant progress towards stabilizing and rebuilding the country, terrorists, extremists and criminal groups in our region led by the Taliban and Al Qaeda continue to infiltrate our borders to destroy our achievements and remain the major destabilizing factor in Afghanistan.

Madam Chairperson,

In order to take speedy and effective measures to eliminate international terrorism, all States must fulfill their obligations in combating terrorism, consistent with the UN charter and all relevant United Nations international protocol and instruments, all relevant GA and Security Council resolutions, including 1267, inter alia by prosecuting and extraditing perpetrators  denying them shelter and safe havens, and  refraining from allowing the use of their territories for brainwashing, equipping, planning, training, and financing of groups and individuals for such acts against other states.

We are all exposed to these threats, so a firm, united and sincere stance and more effective measures by all member states is required.

Madam  Chairperson,

Afghanistan reaffirms its support for the United Nations Global Counter Terrorism Strategy, as the first universally agreed strategic frame work to combat terrorism in a holistic and integrated manner, with a transparent, broad and comprehensive approach to the implementation of all four pillars.

Afghanistan reiterates its call for an international high level conference under the auspicious of the United Nations to formulate a organized joint response of the international community to terrorism in all its forms and manifestations. In this regards we support the proposal to develop an International Code of Conduct against terrorism within the framework of the UN.

Afghanistan reiterates the importance of concluding a Comprehensive Convention for Combating International Terrorism.. My delegation calls upon all interested delegations to cooperate in resolving the outstanding issues with a view to paving the way for the adoption of the Comprehensive Convention in our current session. We hope that once this Convention enters into force, it will serve as an effective tool for combating international terrorism.

Madam Chairperson,

In order to strengthen the central leading role of the UN in its efforts to combat terrorism, the coordination of the various UN agencies by the Counter-Terrorism Implementation Task Force (CTITF) is particularly valuable and important. The CTITF should be ensured a solid financial basis to help countries in need to build the necessary capacities to effectively fulfill their counter-terrorism responsibilities.

Afghanistan renews its support for the proposal of the Custodian of the Two Holy Mosques, His Highness King Abdullah Bin Abdul-Aziz Al-Saud to establish an international centre, under the auspices of the United Nations, to combat international terrorism.

In conclusion Madam Chairperson,

Our ongoing painful experience in the war on terror has proven that, as long as terrorist ideological centers, training facilities, infrastructure, sanctuaries and financial resources remain protected, the concerns of the people are not addressed and the root causes are not removed, our region will continue to be the breeding ground for terrorist elements. In such a situation Afghanistan, our region and the world will remain targets. Therefore, this topic needs our urgent attention, our strong political will and our joint and sincere efforts and cooperation. Our efforts to counter this threat must be firm, sincere, coherent, comprehensive and adaptive.

Taking this opportunity, I would like to express the gratitude of Afghan people to our friends and partners in the intentional community, who have helped and continue to contribute with their blood and resources to secure a safe and stable Afghanistan, and express our sincere condolences to the families who lost their loved ones for this cause.

Thank you


Check Against Delivery