29 June 2010 - Rule of Law - Australian Permanent Mission to the United Nations

Australian Permanent Mission to the United Nations

New York

Permanent Mission address: 150 East 42 Street, Level 33, New York, New York 10017 - Telephone: 1 212 351 6600 - Fax: 1 212 351 6610

Statement by H.E. Mr Gary Quinlan, Ambassador and Permanent Representative of Australia to the United Nations Security Council regarding the promotion and strengthening of the rule of law in the maintenance of international peace and security, as delivered on 29 June 2010.

(as delivered)

Mr President

Australia very much welcomes this debate on the Security Council’s role in promoting and strengthening the rule of law. Thank you for your leadership in bringing this debate before us.

It is, of course, self-evident that the absence of the rule of law can be a driver of conflict. Peace is threatened by corruption and the abuse of power, discrimination and exclusion. Injustice can drive people to take up arms. And it is important – indeed expected - that the Council periodically reflects on its performance in the promotion and strengthening of the rule of law, as a central component in fulfilling its mandate to prevent conflict and maintain international peace and security.

The Security Council obviously has a range of powerful tools at its disposal to promote and strengthen the rule of law, from the imposition of sanctions, the mandating of UN missions with rule of law tasks, and the use of judicial mechanisms to combat impunity. In utilizing these tools, however, the Council itself must demonstrate a respect for the rule of law. Consistent with the Secretary-General’s exhortation that the United Nations as a whole should be the model of the rule of law if it is to be effective in promoting it, the Council is – axiomatically - most legitimate and most effective when it submits itself to the rule of law.

Mr President

There are three areas in which I would like to focus my remarks, guided by the helpful concept note prepared by your delegation.

The first is the issue of targeted sanctions. Member States have a legal obligation under the Charter to accept and enforce sanction measures created by the Council pursuant to Chapter VII. Australia takes this obligation seriously. However, as we have seen in recent years, the legitimacy and effectiveness of such measures depends, in large part, on perceptions of procedural fairness.

As such, we welcome the major improvements that have progressively been introduced in this regard, first in relation to the Al Qaeda and Taliban sanctions regime through resolutions 1822 (2008) and 1904 (2009). In particular, we welcome the appointment of Judge Kimberly Prost from Canada as the Ombudsperson for the Al Qaeda and Taliban regime. The creation of the Ombudsperson function, the ongoing review of the listings, and the publication of narrative summaries, are important steps in improving the listing and delisting procedures, and in improving the legitimacy and overall effectiveness of the sanctions measures.

Second, Security Council peacekeeping mandates continue to develop in recognition of the importance of the rule of law. Rule of law components are a familiar aspect of peacekeeping operations, from the DRC to Haiti, Liberia to Timor Leste. Such rule of law tasks are an illustration of the early peacebuilding activities that are increasingly being undertaken within peacekeeping missions and which must become more decisive in the future. This is in recognition of the fact that a sustainable peace must be firmly grounded in respect for the rule of law.

The challenge though, is to ensure the effective implementation of such mandated tasks on the ground. We understand work is underway within the Secretariat, in the context of implementing the Secretary-General’s 2009 Report on Peacebuilding in the Immediate Aftermath of Conflict, to clarify the roles and responsibilities of the various UN actors in the rule of law area. This is an important step towards improving coherence and predictability in the delivery of such mandates. We would encourage the early completion of this work.

Finally, Australia is firmly committed to the need to end impunity for the most serious crimes, and is a strong supporter of the central role of the International Criminal Court (ICC) in this regard. We believe the relationship between the Court and this Council has the potential to develop into a very powerful and mutually supportive alliance for the maintenance of international peace and security.

Where the Security Council refers a situation to the Court, it is beholden on the Council to use the tools at its disposal under Chapters VI, VII and VIII of the Charter to encourage, cajole and, if necessary, find a way to compel Member States to cooperate with the Court. This is very much a current challenge for the Council.

Thank you Mr President.