YouSaid · the spoken record

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33
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2004-10-06
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2004-10-06
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un-security-council

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  1. “The Security Council has thus concluded the present stage of its consideration of the item on its agenda. I thank again all the participants for their contributions and for the quality of the discussion of this very important and topical subject. The meeting rose at 6.45 p.m.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  2. “The Council underlines also the importance of helping to prevent future conflicts through addressing their root causes in a legitimate and fair manner. "The Security Council warmly welcomes the Secretary-General's decision to make the work of the United Nations to strengthen the rule of law and transitional justice in conflict and post-conflict societies a priority for the remainder of his tenure. The Council invites the Secretary- General to keep it informed on the Secretariat's progress in taking forward the recommendations set out in paragraph 65 of the report and expresses the intention to consider this matter again within six months." This statement will be issued as a document of the Security Council under the symbol S/PRST/2004/34.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  3. “The Council draws attention to the full range of transitional justice mechanisms that should be considered, including national, international and 'mixed' criminal tribunals and truth and reconciliation commissions, and underlines that those mechanisms should concentrate not only on individual responsibility for serious crimes, but also on the need to seek peace, truth and national reconciliation. The Council welcomes the report's balanced appraisal of the lessons to be learned from the experience of the ad hoc international criminal tribunals and 'mixed' tribunals. "The Security Council recalls that justice and rule of law at the international level are of key importance for promoting and maintaining peace, stability and development in the world.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  4. “"The Security Council underlines the importance of assessing the particular justice and rule of law needs in each host country, taking into consideration the nature of the country's legal system, traditions and institutions, and of avoiding a 'one size fits all' approach. The Council recognizes that building national capacities and independent national institutions is essential, that local ownership and leadership in that process should be encouraged and respected, and that international structures can play a complementary and supportive role. "The Security Council emphasizes that ending the climate of impunity is essential in a conflict and post-conflict society's efforts to come to terms with past abuses, and in preventing future abuses.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  5. “"The Security Council recalls the important statement made by the Secretary-General to the General Assembly, at its fifty-ninth session, on 21 September 2004 and endorses his view that, 'It is by reintroducing the rule of law, and confidence in its impartial application, that we can hope to resuscitate societies shattered by conflict.' The Council stresses the importance and urgency of the restoration of justice and the rule of law in post-conflict societies, not only to come to terms with past abuses, but also to promote national reconciliation and to help prevent a return to conflict in the future. The Council emphasizes that such processes must be inclusive, gender-sensitive and open to the full participation of women.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  6. “"The Security Council urges the Secretariat of the United Nations to take make proposals for implementation of the recommendations set out in paragraph 65 of the report, and draws attention in particular to the importance of the practical measures set out in that paragraph that can be implemented rapidly, including coordination of existing expertise and resources, setting up databases and web-based resources and developing rosters of experts, workshops and training. The Council urges Member States which are interested in doing so to contribute national expertise and materials to these developments within their means, and to improve their capacities in these areas.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  7. “After consultations among members of the Security Council, I have been authorized to make the following statement on behalf of the Council: "The Security Council thanks the Secretary- General for his report dated 3 August 2004, which was reissued on 23 August 2004 (S/2004/616), and reaffirms the vital importance that the Council attaches to promoting justice and the rule of law, and post-conflict national reconciliation. The Council will consider, as appropriate in its deliberations, the recommendations set out in paragraph 64 of the report.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  8. “There are no other speakers inscribed on my list. We have come to the end of a debate that has seen 45 contributions: that in itself demonstrates the importance of this subject. We have had a very rich debate. It has given us lots of food for thought. The Secretary-General's report has been roundly welcomed in those contributions. The challenge now, very clearly, is to convert what some feared might be an abstract concept and change it into something which is implemented before conflict, after conflict and at all stages. But it applies to all countries and indeed, should be done in solidarity with countries and not imposed as one arrangement for everybody.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  9. “I thank the representative of Japan for shortening his speech in order to conserve time. I now give the floor to the representative of Peru.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  10. “From the viewpoint of the presidency, I would say to the representative of Costa Rica that we share totally that last sentiment: that rule of law applies to everybody, and that all organs and agencies of the United Nations have an interest in it. It is not the exclusive purview of the Security Council - not by any means. This debate reflects the interest of the Security Council in the subject. But so does everyone else have an interest. I now give the floor to the representative of Japan.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  11. “I thank the representative of India for the way in which he set out the main points of his circulated speech. I commend that to colleagues. I now give the floor to the representative of the Republic of Korea.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  12. “I offer my apologies; I have to depart. I would like to thank everybody for their cooperation in the handling of today's meeting. I intend to hand over to Sir Emyr Jones Parry, our Permanent Representative. I now give the floor to the representative of Uganda.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  13. “I thank Mr. Malloch Brown for his statement. Moving forward, in order to optimize our time, I will not individually invite speakers to take seats at the Council table and then to resume their seats at the side of the Council Chamber. When a speaker is taking the floor, the Conference Officer will seat the next speaker on the list at the table. I now give the floor to the representative of the Netherlands.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  14. “In accordance with the understanding reached in the Council's prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Mark Malloch Brown, Administrator of the United Nations Development Programme. It is so decided. I invite Mr. Malloch Brown to take a seat at the Council table. The Council will now hear a briefing by Mr. Malloch Brown, to whom I give the floor.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052Resumption1 (2004) · source

  15. “I would therefore propose that the Council might return to this subject in approximately six months' time to assess progress and, if necessary, to give renewed impetus to this agenda. But, for now, I would strongly urge members of the Security Council and all those who are participating in today's debate to consider how they can contribute to taking forward these recommendations. I believe that we have a developing consensus and that we need to take this agenda forward. I new resume my functions as President of the Security Council. My game plan was to have all members of the Security Council make their statements by one o'clock, and I must say we have accomplished that goal with one minute to spare. Therefore, I intend, with the concurrence of members, to suspend the meeting until 3 p.m. The meeting was suspended at 1pm.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  16. “And the third, very important, idea is to organize staff training programmes on the rule of law and on transitional justice. We would envisage such training taking a very broad approach, encompassing, for example, judges and magistrates, judicial administration, civil police forces, legal aid workers and so on. Many of today's speakers have highlighted other practical suggestions for taking this work forward. I believe that, together, we now need to work up policies which will provide real structures for societies that currently exist in a fragile framework of law and order or even exist in the absence of anything that could meaningfully be called justice. It is clearly important that we return to this subject to ensure that we are implementing the proposals on which we have, I believe, genuinely found broad consensus.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  17. “In his report, the Secretary-General made several useful and practical recommendations which we would encourage the Secretariat to take forward rapidly. In particular, we would like to see implementation of the very practical "toolbox" ideas. These include the following. The first idea is to convene technical-level workshops on the rule of law and on transitional justice experiences from around the world. We would suggest expanding that idea to ensure that we look at how supporting legal systems can also play a role in conflict prevention. The second idea is to establish arrangements for creating and maintaining an up-to-date roster of experts. We might consider whether, in time, such a database could be developed into an interactive electronic forum where experts and stakeholders could discuss particular concepts or problems.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  18. “At the higher level, that requires, first and foremost, the political will to contribute resources and expertise. It also entails structures within the Secretariat and elsewhere which are capable both of carrying out planning and coordination within the United Nations and of building on the efforts of national donors, regional actors and non-governmental organizations. In the field, we need to make sure that there is coherent and effective integration of justice and rule- of-law elements within United Nations missions. We also need to develop our understanding of when and how these can have the most impact. That means developing adequate technical expertise and monitoring mechanisms that can be implemented and compared across various missions.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  19. “As the Secretary-General's report rightly notes, in a post-conflict situation, one of the major human rights abuses that the international community will have to face up to is likely to be gender- and sexual-based violence. That is an issue that the Council will also consider in the open debate we will hold on 28 October. In that context, the United Kingdom was pleased to participate recently in a conference on gender justice held by the United Nations Development Fund for Women in conjunction with the International Legal Assistance Consortium. The conference produced a range of interesting recommendations for improved international action, which I hope all Member States will consider carefully. Capacity-building needs to be worked into United Nations programmes at all stages.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  20. “An internationally imposed solution is not a durable one. Capacity needs to be built up through the communities and States that we aim to support. And that - capacity-building - is the second area on which I believe the United Nations needs to focus. Importantly, we need to strengthen civil society's capacity to uphold the rule of law and to protect individual and group access to a fair judicial system. The relevant United Nations bodies should consider how best to support civil society in that area through consensus-building, outreach and legal assistance. I want to highlight in particular the role of women in that respect and to stress the importance of ensuring that action to restore human rights and the rule of law in post-conflict situations is undertaken in a gender-sensitive way.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  21. “The factors to be considered in United Nations missions could include, for example, providing advice on international norms and laws, building frameworks and regulations for legal institutions, opening accessible and fair channels of appeal and providing appropriate training and, critically, the important technical expertise. The United Nations itself needs to uphold those standards too, not just in the programmes and missions it runs, but also in the management of operations and the actions of its staff. The responsibility to promote a fair, free and just society lies with everyone engaged in the process. While the United Nations can take a lead in promoting international standards, the emphasis must be on building local frameworks, tools and mechanisms to support justice, law and order.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  22. “The United Nations is, critically, in a position to take an overview of what has worked and what has not worked in efforts to build the rule of law in various systems around the world. It can develop common standards in its own work and, indeed, spread best practice. A specific rule-of-law element may not always be necessary in every United Nations peace support operation. But it would certainly encourage good practice to have in place a checklist of the main factors necessary to build effective judicial and legal frameworks to be taken into account in each case.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  23. “In contrast, the rule of law is part of looking forward and building a stable peace. That is an essential part of reconstructing post-conflict societies. But we should also recognize the value of upholding and strengthening law and order in preventing conflict and in wider peace support operations. That is a question not only for the Security Council, but for other parts of the United Nations system, regional organizations, individual donors and, of course, non- governmental organizations and civil society. I would like to highlight two broad ways in which the United Nations can take forward the work on the rule of law. The first way is to promote international standards.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  24. “The Secretary-General's report (S/2004/616) rightly focuses on the establishment of transitional justice - that is to say, a framework for a society that needs to reconcile crimes from the recent past as well as to build an enduring framework for the future. That, I think, is one of the most important challenges we face. Transitional justice is a necessary part of re- establishing normal social frameworks. The international tribunals have been an important learning curve in that context. We certainly hope that future initiatives will provide more effective, and less costly, means of accountability for crimes. And, of course, we share the Secretary-General's view that the International Criminal Court offers new hope for a permanent reduction in the phenomenon of impunity.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  25. “We, as Security Council members, should be actively looking for appropriate opportunities to take forward the recommendations which apply to the Council. In particular, I believe we need to give due attention to the restoration of and respect for the rule of law in the support we give to peace agreements and in the mandate for peace support operations. There is already much work being done in that area, and we welcome the initiatives already under way, some of which have been described today by other speakers, for example the ideas from Germany, Canada and Sweden on spreading the norms and standards of international law. But we hope that the Secretariat can focus on bringing these together into a complementary and cohesive effort.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  26. “I will now make a statement in my capacity as representative of the United Kingdom. The United Kingdom associates itself with the statement to be made later by the Netherlands on behalf of the European Union. I wish to echo the welcome given by other speakers to the report of the Secretary-General (S/2004/616). I certainly hope that we can use its recommendations to give momentum to our efforts to improve the international contribution to building justice and the rule of law. I believe the report reflects a concerted effort within the Secretariat to bring together a broad spectrum of expertise to produce, for the first time, a single, coherent strategy on justice and the rule of law. That analysis, I think, is excellent. But, more important, the recommendations are practical and achievable.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  27. “I thank Mr. Mendez for his statement. In accordance with the understanding reached among Council members, I wish to request that all speakers from now on limit their statements to no more than five minutes in order to enable the Council to carry out its work expeditiously. Delegations with lengthy statements are kindly requested to circulate the texts in writing and to deliver a condensed version when speaking in the Chamber. I now extend a warm welcome to the Speaker of the House of Representatives of the Philippines, His Excellency The Honourable Jose De Venecia.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  28. “I thank the Secretary-General for his statement, which I believe starts this debate off very effectively. I now give the floor to the Special Adviser to the Secretary-General on the Prevention of Genocide, and the Director of the International Center for Transitional Justice, Mr. Juan Mendez.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  29. “I think that there has been significant interest in this issue and that there is a developing consensus. I hope that we are going to have a very constructive debate today, building on the work of the Secretary-General's report and taking these critically important issues forward. I am certainly very pleased to be here to witness these proceedings. I welcome the presence of the Secretary-General and invite him to take the floor.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  30. “Members of the Council have before the report of the Secretary-General - whose presence here this morning I very warmly welcome - on the rule of law and transitional justice in conflict and post-conflict societies, document S/2004/616. At this morning's meeting, we will first hear an introduction by the Secretary-General of his report. Thereafter we will hear a briefing by Mr. Juan Mendez, Special Adviser to the Secretary-General on the Prevention of Genocide and Director of the International Centre for Transitional Justice. In the afternoon, we will hear a briefing by Mr. Mark Malloch Brown, Administrator of the United Nations Development Programme. I should like very briefly to say, in welcoming this debate, that this is an initiative that we launched just over a year ago.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  31. “I should like to inform the Council that I have received a letter dated 1 October 2004 from the Permanent Observer of Palestine to the United Nations, which will be issued as document S/2004/793, and which requests that the Security Council invite the Permanent Observer of Palestine to participate in the open debate on "Justice and the rule of law: the United Nations role". I propose, with the consent of the Council, to invite the Permanent Observer of Palestine to participate in the meeting, in accordance with the rules of procedure and the previous practice in this regard. There being no objection, it is so decided. I invite the Permanent Observer of Palestine to take the seat reserved for him at the side of the Council Chamber. The Security Council will now begin its consideration of the item on its agenda.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  32. “At the invitation of the President, the representatives of the aforementioned countries took the seats reservedfor them at the side of the Council Chamber. The President: In accordance with the understanding reached in the Council's prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Juan Mendez, Special Adviser to the Secretary-General on the Prevention of Genocide and Director of the International Centre for Transitional Justice. It is so decided. I invite Mr. Mendez to take a seat at the Council table.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source

  33. “I should like to inform the Council that I have received letters from the representatives of Argentina, Australia, Austria, Belarus, Burundi, Canada, Costa Rica, Fiji, Finland, India, Indonesia, Japan, Jordan, Liechtenstein, Mexico, the Netherlands, Nigeria, Peru, the Republic of Korea, Saint Vincent and the Grenadines, Sierra Leone, Singapore, South Africa, Sweden, Switzerland and Uganda in which they request to be invited to participate in the discussion of the item on the Council's agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite those representatives to participate in the discussion without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council's provisional rules of procedure. There being no objection, it is so decided.”

    2004-10-06 · UN Security Council · Security Council, S/PV.5052 (2004) · source