Statement by Senator Kerry O’Brien, Parliamentary Adviser to the Australian delegation to the United Nations, to the United Nations sixth committee on behalf of Australia, Canada and New Zealand on Criminal Accountability of United Nations Officials and Experts on Mission
10 October
(As delivered)
Mr Chairman
I have the honour today of speaking on behalf of Canada and New Zealand as well as Australia.
CANZ considers these on-going discussions on the criminal accountability of United Nations officials and experts on mission to go to the heart of the foundation of the United Nations as reflected in the UN Charter. The preamble to the Charter demonstrates our common desire to "establish conditions under which justice ... can be maintained". As part of this quest, we need to ensure that officials and experts of the United Nations are held to the highest standard by making them accountable when they commit criminal offences. The UN system must exemplify the rule of law principles it seeks to foster.
CANZ recognises that the resolution we adopted last year (A/RES/62/63), in encouraging Member States to exercise jurisdiction over their nationals who are participating in UN operations overseas, was a good first step. However more remains to be done to ensure that those who commit serious crimes are held accountable.
We need to strengthen measures to enhance cooperation between States, between States and the United Nations, and within the United Nations itself.
We need to take steps to ensure that inadvertent jurisdictional gaps do not lead to impunity.
And in the longer term, CANZ supports, in principle, the Secretariat’s call for a convention that requires Member States to exercise jurisdiction over their nationals who are participating in UN operations overseas. CANZ would welcome further discussions and work to achieve this end.
Mr Chairman
As part of our consideration of this issue, we would like to commend the Secretary-General on his report, A/63/260. As a demonstration of the importance we attach to this work, Canada, New Zealand and Australia are proud to have submitted material reflected in this. We would like to commend colleagues who similarly responded to the Secretary-General’s request for information.
Further we encourage the Secretary General to continue to support programs and policies that are designed to instil the highest standards for conduct and behaviour in UN experts and officials while on mission. Ensuring accountability further lends credibility to UN missions and promotes respect for the important work of the officials and experts on mission.
Mr Chairman
Canada, New Zealand and Australia welcome this opportunity to continue to work together to ensure the accountability of UN experts and officials on mission.
Thank you.