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Statement by H.E. Ambassador Wang Min, Deputy Permanent Representative of China to the United Nations before the 6th Committee of 66th session of General Assembly on The Rule of Law at the National and International Levels

2011/10/05
 

Mr. Chairman,

At the outset, please allow me to congratulate you on your assumption of the chairman of this Committee. My congratulation also goes to the other members of the bureau. I also thank Secretary-General of the UN for the report on strengthening and coordinating United Nations rule of law activities.

Rule of law is an important hallmark of human civilization and progress and strengthening rule of law at the national and international levels is a shared objective and responsibility of the international community. We welcome the continued consideration by the 6th Committee of the item entitled Rule of Law at the National and International Levels as this not only reflects the importance the UN attaches to the rule of law, but also provides a useful platform for member states to share experience in this field, and as such, is of positive significance in promoting rule of law in member states and by extension will help promoting stability and development in the world.

Mr. Chairman,

In the view of the Chinese delegation, achieving rule of law at the international level with the purposes and principles of the UN Charter as the core is conducive to world peace, stability and development and is in the common interests of the people around the world. Strengthening rule of law at the national level will help maintain social stability, promote economic development and achieve social justice. In an increasingly globalized world, the link between international and national rule of law is growing ever stronger. Therefore, the international community must facilitate positive interaction between rule of law at the national level and that at the international level so that they will inform, complement and learn from each other and make progress together.

Mr. Chairman,

The Chinese delegation believes that in discussing rule of law and transitional justice in conflict and post conflict situations, several groups of relationships as following should be given due consideration.

First, the relationship between legal and other means. The combination of legal and other means, as well as an multidimensional approach, need to be used in establishing the mechanisms for social governance and coordination. On the one hand, it is important to give full play to the essential role of rule of law in conflict prevention and post-conflict reconstruction with special attention to its function for crime prevention and punishment. On the other hand, depending on the specific situations in conflict and post-conflict countries, it is necessary to encourage the utilization of a good mix of political, social and economic means to achieve peace, stability and development of post-conflict societies.

Secondly, the relationship between universality and specificity. We need to bear in mind specificities of individual states while upholding universal principles and choose legal and judicial systems suitable to the prevailing conditions of conflict countries in question. On the one hand, it is important to adhere to the UN Charter and other recognized norms of international law and adopt as appropriate prevailing international practices. On the other hand, it is necessary to respect the unique historical, cultural and legal traditions of the conflict countries so as to make sure that rule of law is promoted in a way that is compatible with the specific conditions of those countries.

Thirdly, the relationship between short-term plan and long-term goals. We need to balance short-term plans with long-term goals and take a step by step approach in promoting rule of law in conflict countries. Peace and rule of law cannot be achieved overnight and must not be pursued in an over hasty manner. It is important to define the priorities of the conflict countries and their people in terms of their needs and concentrate first on addressing the most urgent issues and those of the greatest concern to the conflict countries and their people. At the same time, long-terms plans must be formulated with a view to gradually advancing reform and institution-building in the field of rule of law in order to progress towards the ultimate goal of peace and justice.

Fourthly, the relationship between national ownership and international assistance. International assistance should be provided to nationally-owned reconstruction efforts and various resources must be used in a rational and efficient manner to promote rule of law. Conflict countries should be encouraged to mobilize domestic resources for nation-building, including establishing the rule of law regime suitable to their specific conditions. At the same time, the international community is called upon to provide assistance in areas such as finance, infrastructure and training in line with the needs and wishes of the countries and people emerging from conflict so as to build up their capacity. The United Nations should play a leading role in coordinating international support.

Mr. Chairman,

Establishing and improving rule of law at national and international levels is a long-term undertaking. China stands ready to strengthen exchanges with the United Nations and other countries in this area and will continue to work tirelessly in our common endeavor to realize rule of law.

Thank you, Mr. Chairman.

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