STATEMENT
BY
H. E. ZACHARY MUBURI-MUITA
AMBASSADOR/PERMANENT REPRESENTATIVE
ON
AGENDA ITEM 86
THE RULE OF LAW AT THE NATIONAL AND INTERNATIONAL LEVELS
AT THE
62ND SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
6TH COMMITTEE
FRIDAY: 26TH
OCTOBER 2007 - NEW YORK
Mr. Chairman,
My delegation wishes to express its satisfaction for the able manner in which you have continued to guide our deliberations.
Mr. Chairman,
Kenya wishes to align itself with the statements made by Benin and Cuba, on behalf of the African Group and the Non-Aligned Movement (NAM) respectively. My delegation also wishes to thank the Secretary General for his report on this agenda item
We take note of the establishment of the Rule of Law Coordination and Resource Group chaired by the Deputy Secretary General, assisted by the Rule of Law Unit. We further note that the Unit is currently operating on an interim basis, and call for its strengthening to facilitate the attainment of its objectives. Needless to say, rule of law is the most important pillar of good governance in any democratic system, and is therefore, pertinent in the management of global affairs.
It is against this backdrop that member countries to the United Nations (UN) should promote good governance on the basis of the rule of law since there is no viable alternative to this important principle.
Mr. Chairman,
The role of the International Court of Justice (ICJ) in the peaceful settlement of disputes, as well as other international tribunals cannot be over-emphasized. Kenya recognizes the compulsory jurisdiction of the Court, and calls upon those States that have not done so, to accede to it. In addition, increased contributions to the Secretary General’s trust fund to assist States in the settlement of disputes through the court would be a milestone in the advancement of the rule of law at the international level.
My delegation urges the UN to fully utilize the competence of the (ICJ) through requesting for advisory opinions. In this connection, Kenya welcomes the deliberations on the possibility of authorizing the Secretary-General to request for such opinions.
My delegation urges that the jurisprudence emanating from the tribunals established by the Security Council should continually be absorbed into the progressive development of International Criminal Law.
Mr. Chairman,
My delegation notes with satisfaction that rule of law and transitional justice initiatives have been co-opted in the mandates of recent peacekeeping and peace-building missions. We note further with appreciation, the work being undertaken by the General Assembly on the question of Criminal Accountability of United Nations Officials and Experts on Mission, and express optimism for desirable outcome that will continue to promote the rule of law in UN Missions.
Kenya appreciates technical assistance and capacity-building initiatives undertaken by the UN. However, a thorough evaluation of specific needs of developing States should be undertaken, with a view to improving and enhancing the required assistance. Furthermore, facilitation of these countries to participate in meetings of highly specialized agencies of the United Nations such as UNCITRAL is required.
Mr. Chairman,
The designation by UNGA of the period September 2007 to September 2008 as the year commemorating the Ethiopian Millennium, demonstrates a strong affinity between peace and development with the cultural values and aspirations of our societies. This is central to the maintenance of the rule of law.
Mr. Chairman,
At national level, Kenya has initiated comprehensive reforms in the governance, law and order, and justice sectors. These reforms include strengthening the institutions dealing with corruption, increasing the number of judges and magistrates, increasing the courts and legal services at district level, and improving the numbers and conditions of service for prosecution and litigation counsel. Kenya is also enhancing the capacities in the police and prisons services to correspond with the growing demands of the criminal justice system. To promote greater access and equity to justice, consideration is being given to the introduction of small claims courts, and national legal aid scheme.
Mr. Chairman,
At the international level, all States irrespective of their strength and size, need a framework of fair rules to be obeyed by all. Such frameworks exist for a range of diverse issues of international concern. States have created a body of norms and laws. Let us strive to use and improve these frameworks to achieve the fairness that we all desire.
Thank You |
