Statement by Ambassador Aamir Khan, Deputy Permanent Representative of Pakistan to the United Nations, on agenda item 86: “The rule of law at the national and international levels”

Islamabad, October 09, 2021 (PPI-OT): Madam Chair,

My delegation aligns itself with the statement delivered by the distinguished representative of Iran on behalf of the NAM.

We thank the Secretary-General for his report (A/76/235) on strengthening and coordinating the United Nations rule of law activities which captures in detail the activities of the organization in supporting several programs in member states reinforcing the rule of law on the national level, fighting impunity, ensuring access to justice by marginalized communities, drafting constitutions etc.

We reiterate our position that any assistance or mechanism provided by the Organization to a Member State should strictly be in accordance with the “consent” of the host government.

Madam Chair,

The desire to create order through laws goes to the heart of human civilization.

Rule of Law is critical for creating an international order conducive to peace, prosperity, dignity, and equal development opportunities for all.

Pakistan fully recognizes the centrality of the United Nations’ role in the promotion of rule of law at the international level.

Respect and adherence to the fundamental principles of the UN Charter – sovereign equality of states, the pacific settlement of disputes, refraining in international relations from the threat or use of force, non-interference in the internal affairs of States, and respect for the right of peoples to self-determination – are critical for strengthening the rule of law at the international level.

Member States are also obliged under the Charter (Article 25) to implement the resolutions of the Security Council.

Madam Chair,

Ensuring the rule of law on the international level also requires that states subject themselves to the authority of international law in its broader sense, and employ its various tools, including mediation, reconciliation, and dispute settlement mechanisms, in settling outstanding issues with other countries.

The peaceful settlement of international disputes is also one of the key principles of international law elaborated in the “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States” adopted in 1970.

The Declaration further urges member states to refrain from taking “any forcible action which deprives peoples of their right to self-determination and freedom and independence”

Likewise, several resolutions of the General Assembly and the Security Council have categorically declared that attempts to “unilaterally” change the status of an occupied territory – legally or demographically – whose people have yet to exercise their right to self-determination are ipso facto null and void.

While most dependent or occupied peoples have been able to exercise their right to self-determination peacefully, there are some who have been considerably denied this right and have been obliged to struggle for it.

The United Nations must invest more time and energy to address such unresolved and festering disputes on its agenda.

In the absence of resolution of such disputes, realization of a just and equitable world order and respect for rule of law at the international level will remain elusive.

Madam Chair,

Pakistan has been and will continue to call for necessary changes in the global counter terrorism architecture and the UN Security Council sanctions regime as it has continued to pose challenges to the rule of law at the national and international level.

We support the continuation of reform in procedures of the Security Council Committees to ensure due process and effective remedy in the implementation of sanctions regimes.

Likewise, a number of opaque and non-inclusive processes, lacking global membership, are increasingly been consolidated within the counter-terrorism architecture through the development of “soft law” standards and practices.

Pakistan welcomes the work of the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism in this regard.

We also acknowledge the contribution of the Office of the Ombudsperson to the Da’esh and Al-Qaida Sanctions Committee, towards enhancing the transparency in the UNSC sanctions, and calls for further strengthening of the office.

Madam Chair,

The Declaration of the High-Level Meeting on the Rule of Law at the national and international levels, adopted on 24 September 2012, clearly stipulated in paragraph 36, that a genuine Rule of Law implies democratizing international economic, monetary and financial organizations, so that these serve the development of the peoples rather than to the enrichment of a few.

The situation caused by COVID-19 supports this statement. The pandemic has revealed and exacerbated inequalities among and within nations.

Renewed global solidarity and concerted efforts are required to meet these unprecedented challenges.

The objectives agreed by the international community in the 2030 Agenda provide a roadmap to overcome the present crisis and to build forward better and create a just, equitable and sustainable socio-economic order.

The rule of law and the justice sector are concrete enablers of the response to and recovery from COVID-19.

Madam Chair,

The essence of the rule of law is access to justice; and the essence of access to justice is legal empowerment of people so that they can enjoy their full civil, political, social, economic, and cultural rights.

In Pakistan, strengthening public institutions and making them more responsive to the needs of the people, form the cornerstone of the policies being undertaken by the government of Prime Minister Imran Khan.

Our priorities on the rule of law and access to justice include speedy and inexpensive justice, a culture of accountability, and elimination of corruption. Simultaneously, we are working on an agenda to reduce poverty, create jobs and accelerate economic growth and development.

I thank you

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