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- 2003-07-22
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- 2003-09-24
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“We therefore welcome the Secretary- General's proposals that, on the basis of the ideas expressed in today's debate and in a subsequent open debate with other States Members of the United Nations, a comprehensive study be elaborated containing guidelines and proposing action. In this task, dialogue with other organizations and institutions active in this field, in particular the Council of Europe, will prove fruitful. My statement began with the challenge that each of us faces today in seeking to contribute to expanding justice and the rule of law. This task is as ambitious as it is difficult - some might call it Utopian. But the road is before us, and every voyage - even the longest - starts with the decision to embark.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“Such reform must include a broad range of actions, relating to the courts, the civil police, the prison system, the security services and military establishments. Iraq can now begin a new phase in its history. Iraqis must adopt basic rules for coexistence enabling them to live in peace and freedom. If the substantive issue is the capacity of the United Nations to move ahead with the progress of international law, making it truly operative, credible and implementable, it will be necessary to engage in a rigorous analysis of the means with which we confront that task today.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“I stress again what I said in the Council on 22 July: the political transition to democracy and the economic reconstruction of Iraq are not enough in and of themselves; they must be part of a body of law and a system of administering justice that enshrine respect for human rights. Our efforts must be focused on three areas. First, establishing the truth and insuring accountability and reconciliation. Secondly, there must be legal reforms to ensure that human rights law in Iraq conforms to internationally accepted standards. In reforming the body of law as a whole in Iraq, care should be taken to guarantee that one group can never again prevail over another, as unfortunately occurred in the past. Similarly, institutional reform is also a matter of priority.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“Nor should we forget the work of the Commission on Human Rights aimed at promoting the independence of the judiciary and the administration of justice, the advisory services provided in this field by the Office of the High Commissioner for Human rights or the work of the Counter-Terrorism Committee, chaired by my country. The United Nations today has before it an urgent task - a true test of its capacity to respond to the real needs of international society: contributing to establishing the rule of law and reforming the administration of justice in Iraq. Resolution 1483 (2003) entrusts the Special Representative of the Secretary-General with the task of promoting the legal and judicial reform of the country.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“Since the Vienna, Amsterdam, Tampere and Feria summits - and during its presidency of the European Union - Spain has led the effort to help an increasing number of States share what has been our conviction for some time: that the resolute implementation of shared values in daily life and the effective protection of our citizens is our most useful tool in combating the scourge of terrorism and those who support it, as well as organized crime in all its forms. The United Nations is already working in this area, but much remains to be done. The General Assembly has been making important contributions in this area since 1985, approving the Basic Principles On the Independence of the Judiciary and, later, the Basic Principles on the Role of Lawyers, as well as the Guidelines on the Role of Prosecutors.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“For some time now the idea has been accepted in international doctrine that the principle of non-interference in others' internal affairs cannot be invoked as a means of excluding the international community from monitoring violations of basic human rights. We must urgently ensure that a global community of shared political values can enable us to take the next step in the construction of an order based on fundamental principles of coexistence and the protection of the rights of the weakest members of society. As is well known, Spain has been pioneering the idea of the creation - initially within the European Union - of a common space of freedom, security and justice that would help us to deal with the threats of crime and terror that we face.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“This challenge is also especially relevant today because, in the international arena, there are a number of societies that are either emerging from conflict, facing situations of instability or lacking in respect for the minimal norms of coexistence and human rights. Those societies are far from the standards of the rule of law. So long as they have not embarked on a resolute course of action to endow themselves with such standards, they cannot help themselves to overcome the underlying causes of conflict or contribute to the common struggle against the great scourges of terrorism and organized crime.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“The fact that its normative development is less advanced than that of national States does not allow us to skirt the twofold issue of universal applicability and capacity for ultimate implementation that arises for any legal order. Without both of these there can be no legal system - at least not one founded in democracy. The strengthening of the rule of law is especially necessary in meeting the major challenges of the twenty-first century: terrorism and organized crime in their various forms - in particular the illegal traffic in drugs, weapons and persons - which today are a source of ridicule and anxiety to an international society that is unable to react with sufficient vigour to protect the victims. And we are all potential victims.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“On the one hand, it must consider the idea of coercion, backed by the concept of common justice, as a last resort in facing up to the gravest threats to the international community. On the other, the United Nations must address the debate on the universality of human rights vis-a-vis those who claim those fundamental categories of our coexistence to be relative and subject to modification according to culture. In order to establish its legal order, international society, while it has not yet reached the level of interconnectedness of the communities within national States or the European Union, nevertheless needs a similar acceptance of principles of universal validity.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“All law, in the sense of a legal order, is based on values. There can be no credible prospect for any peace if it is not based on common respect for universal values, which provide in turn the basis for universally accepted norms. The rule of law, as an expression of national and supranational socio-political organizations - of which the European Union is a good example - embodies and presupposes a concept ofjustice shared by citizens, who give their consent on the basis of a common recognition of that concept. On that consent, too, is based the ultimate guarantee of the effectiveness of the rule of law. That guarantee is the legitimate use of force. Thus, the United Nations has a double intellectual challenge before it.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“Ms. Palacio (Spain) (spoke in Spanish): It is not mere rhetoric that I begin by joining previous speakers in stressing the timeliness of the British initiative to allow us to address what is undoubtedly a formidable challenge to the international community - doing away with legal vacuums and pockets of lawlessness. The United Nations must prove itself in the fulfilment of what has been its fundamental mission since its foundation on the ashes of a League of Nations that, lacking connection to the real world of its time, became irrelevant. The primary objective of the United Nations, and especially of the Security Council, is to ensure international peace and security. That goal is inseparable from the existence of a concept of law common to all international society, a body of legal categories basically accepted by all.”
2003-09-24 · UN Security Council · Security Council, S/PV.4833 (2003) · source
“Allow me to conclude by reaffirming, on behalf of the Government of Spain, our commitment to Iraq as a participant in the coalition; our humanitarian commitment to the Iraqi people; our commitment to rebuilding Iraq and to its stability and security; and our commitment to the United Nations and to its agencies, and especially to the Special Representative ultimately, a commitment of support and of fullest cooperation with the Iraqi Governing Council. Spain commits itself fully to the efforts of the Iraqi people to achieve democracy, which is also an undertaking for the whole of the international community. Having concluded my statement on behalf of the Spanish delegation, I now resume my functions as President of the Security Council. The Security Council has thus concluded this stage of its consideration of the item on its agenda.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“The political transition to democracy and economic reconstruction is not enough in and of itself if it does not take place in a legal framework that enshrines respect for human rights. I therefore associate myself with those who have expressed appreciation for the report submitted pursuant to paragraph 24 of resolution 1483 (2003), as well as for the commendable work being done by Mr. Sergio Vieira de Mello and his team and the dedication with which they are undertaking their work in very difficult circumstances. In particular I would highlight our great confidence in the work of the Special Representative, who is also the United Nations High Commissioner for Human Rights. Lastly, I wish to join with others in supporting the proposals made in the report of the Secretary-General.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“The United Nations plays an irreplaceable role in all these tasks because of its lengthy experience in democratization and institution-building processes, and because of its unparalleled capacity to undertake, with guaranteed impartiality, key tasks such as, for example, advising in the preparation of an electoral register; in the convening, holding and monitoring of elections; and in the identification and fostering of the necessary conditions to enable pluralism to flourish - from the communications media to programmes promoting the involvement of women. I wish here to take up several points made by Mr. Vieira de Mello and stressed by Ambassador Greenstock.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Members may feel that some of these features are familiar to some of us who are members of the European Union, because, as some members have undoubtedly noted, these points faithfully describe the method whereby we Europeans came together to endow ourselves with a constitution. These are the distinctive features of the recently concluded Convention for the Future of Europe, which just presented the preliminary draft of a European constitution. But plainly it is not sufficient to draft a constitution. As I said earlier, the holding of free elections is vital. Of course, the draft constitution will be subject to ratification by the Iraqi people through a popular consultation.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“As the report of the Secretary-General notes, and as indeed most statements today have underscored - and with these I agree - there needs to be an ambitious and realistic programme that is adaptable in terms of time, in which consensus is the genuine basic rule for action, guiding the decision- making process, allowing all opinions to be expressed freely and without hindrance, including also the life- giving wisdom of the thinking of civil society. Finally, this process of drafting a constitution for Iraq needs to be led by a distinguished individual of prestige and experience, of recognized moral authority and with a sense of statesmanship.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“The process of drafting the constitution must be, more than anything else, inclusive of the country's democratic, political, ethnic and religious groups and also of the varied social groups, particularly women. No significant sector should feel marginalized. A timetable needs to be set that is specific and, at the same time, is sufficiently flexible to adapt to a task that will be complex - as are all constituent processes. Iraqis must perceive clearly that this is the beginning of a process with a specific final destination, and with real political prospects for understanding among all and respect by all.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“The Governing Council of Iraq can, of course, rely on the firm commitment of Spain in that endeavour. The fact is that the Governing Council has an historic mission, including in particular the drafting of the constitution and the creation of conditions that will make it possible to hold free elections. Those tasks will lay the foundation for a political edifice of peace, prosperity and coexistence in democracy, which the Iraqi people must build with the guidance of the Governing Council and to which we must all be committed. Allow me to recall what a number of speakers have said about the characteristics of that constitutional process.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“The Governing Council, which possesses authority under resolution 1483 (2003), will gain legitimacy before the Iraqi people by effectively contributing to improving the basic living conditions of Iraqis, thus paving the way towards free elections and towards the drafting of a constitution. Mr. Pachachi has vividly described the tremendous task facing the Governing Council. The urgent priorities that it faces cover all areas of government functions, from the appointment of ministers to the running of embassies and the building of schools - 1,500 schools, we were told - and hospitals. With realism, he has recognized the tremendous responsibility that his institution bears. It is an honourable mission that should receive the unreserved support of the international community represented by the Security Council.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Thus, it symbolizes Iraq's unity, which we wish to preserve. Its establishment is a decisive step towards the objectives of self-government and of normalizing the political life of the Iraqi people. To echo what Mr. Sergio Vieira de Mello has said, the Governing Council of Iraq has credible executive power and is broadly representative. For that reason, it deserves the full support of the international community. Yes, the international community, represented by the Security Council, through the participation of the Governing Council's spokesman, is today giving recognition to that Council.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“The food distribution system is working reasonably well in most parts of the country. Hospital services are improving and students have been able to finish the school year. Banks in Baghdad are beginning to provide services - and I have see that for myself. However, above all, it is hard to exaggerate the significance of the formation of the Governing Council of Iraq, whose spokesman we were honoured to hear today. That institution embodies the core of the interim Iraqi administration, for whose formation the Security Council unanimously called in paragraph 9 of resolution 1483 (2003). The Governing Council incorporates Iraqi men and women of renown and great courage. It includes in a balanced way representatives of the various political, ethnic and religious components that make up the Iraqi mosaic.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Vieira de Mello noted in connection with the latter component, at the end of 2002 Saddam Hussain freed most of the criminals who had been sentenced for common crimes. Given that perspective, it should be recalled, as many speakers have, that until the new Iraqi police force is effectively deployed and the new Iraqi army is formed, the task of maintaining the security of individuals and property falls to the forces of the Coalition Provisional Authority. Also, resolution 1483 (2003) appeals to the members of the international community to contribute to carrying out that task. At the same time, there is a shortfall in basic services such as electricity, running water and fuel; those shortages are attributable in large part to the cited security problems. But we had expected a food crisis and, fortunately, it has not occurred.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Indeed, the fall of the Saddam Hussain regime awakened great expectations marked by the natural impatience of those who had lived under submission and deprivation. After decades of bad administration, Iraqis expect an improvement in their living conditions, and they expect it now. After decades of repression and a dictatorial regime, the Iraqi people yearn to take the reins of their own destiny without delay. The fact is that, on a daily basis, life is not easy in Iraq. Each loss of human life, of civilians or coalition military personnel, can only be described as a tragedy, because, although they are not strategic in nature, there are risks and threats arising in particular out of the combination of resistance and criminality. As Mr.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“However, today we are beginning to glimpse clearly this new democratic Iraq, fully integrated into the international community, respectful of rights and freedoms, and which makes efficient use of its immense natural resources for the benefit of all Iraqis and provides a conducive framework for the enhanced development for that great people, whose potential has been demonstrated throughout one of the richest histories in human culture and civilization, as Sergio Vieira de Mello has recalled. Yes, the assessment that emerges from the statements we have heard today, and particularly from those of the Secretary-General, Mr. Vieira de Mello and Mr. Pachachi, is hopeful, despite the complex situation still prevailing in Iraq.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Sergio Vieira de Mello indicated - hundreds of thousands of dead and hundreds of thousands of victims of repression - and the moving statement by Mr. Adnan Pachachi on the deprivation of freedom and the degradation of the dignity of the Iraqi people spoke revealingly of the recent past. It is a true that there are difficulties. The Secretary-General's report (S/2003/715) and the statements of the Special Representative and of the spokesman of the Governing Council of Iraq have described them to us; I myself witnessed them during my recent trip to Baghdad.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“I thank the representative of Bulgaria for the kind words he addressed to the Spanish delegation, which I am honoured to lead. I shall now make a statement in my capacity as representative of Spain. It is - and believe me, this is no mere rhetoric - an honour for me to preside over this meeting of the Security Council, because today is an important day for Iraq, for the international community and for the United Nations system. We are committed to a future Iraq - to use the Secretary-General's words - that is stable, united, prosperous and democratic, in peace both internally and with its neighbours: an Iraq able to leave behind 35 years of bloodthirsty dictatorship and 35 years of bad administration. The magnitude of the situation that Mr.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“I thank Mr. Adnan Pachachi, head of the delegation of the Iraqi Governing Council, for his statement. I shall now give the floor to the members of the Council.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“I thank Mr. Vieira de Mello for his comprehensive statement. I call on Mr. Adnan Pachachi, the head of the delegation of the Governing Council of Iraq.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Members of the Council have before them the report of the Secretary-General pursuant to paragraph 24 of Security Council resolution 1483 (2003), document S/2003/715. I welcome the presence of the Secretary-General, Mr. Kofi Annan, and I invite him to take the floor.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“Aqeela al-Hashemi, members of the Governing Council of Iraq, be allowed to participate in the Security Council meeting that will take place on Tuesday, 22 July 2003, concerning the item entitled 'The situation between Iraq and Kuwait', in accordance with rule 39 of the provisional rules of procedure of the Security Council." That letter has been published as a document of the Security Council under the symbol S/2003/750. If I hear no objection, it is so decided. I invite Mr. Adnan Pachachi, Mr. Ahmad Chalabi and Ms. Aqeela al-Hashemi to take seats at the Council table. The Security Council will now begin its consideration of the item on its agenda. The Security Council is meeting in accordance with the understanding reached in its prior consultations.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source
“In accordance with the understanding reached in the Council's prior consultations, and in the absence of objection, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Sergio Vieira de Mello, Special Representative of the Secretary-General for Iraq. It is so decided. I invite Mr. Vieira de Mello to take a seat at the Council table. I should like to inform the Council that I have received a letter dated 17 July 2003 from the Permanent Representative of Spain to the United Nations, which reads as follows: "I have the honour to address you, as President of the Security Council for the month of July, in order to request that Mr. Adnan Pachachi, Mr. Ahmad Chalabi and Ms.”
2003-07-22 · UN Security Council · Security Council, S/PV.4791 (2003) · source