UNITED NATIONS SECURITY COUNCIL
6 October, 2002
Justice and the Rule of Law
Statement by H.E. Mr John Dauth LVO Ambassador and Permanent Representative of Australia to the United Nations
(Check against delivery)
Mr President
Australia thanks the United Kingdom for convening this second open debate on justice and the rule of law, and welcomes the report of Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies which is the focus of this debate. The report will be a valuable tool in our collective efforts to achieve transitional justice and entrench the rule of law in States which have been torn apart by conflict.
The report identifies valuable lessons learned, and articulates important recommendations for UN approaches to transitional justice and rule of law issues. These include the need to assess existing capacity in a State emerging from conflict, the importance of developing comprehensive long-term approaches, the need to ensure that responses are tailored to the specific political, cultural and social characteristics of the State concerned, the importance of involving all domestic constituencies throughout the process, and the need to build national capacity.
Australia�€™s long history of involvement in peace keeping operations and other assistance missions confirms these lessons. The experience of the Australian-led Regional Assistance Mission to the Solomon Islands (RAMSI) is particularly relevant. The reason for the request by the Government of the Solomon Islands for assistance was a fundamental breakdown in law and order �€“ in the very institutions of the State. It was only through restoring the rule of law that a durable peace could be achieved. In devising and implementing a regional response, Australia and Pacific Islands Forum partners worked closely with the people of the Solomon Islands to develop a comprehensive rule of law strategy. This included assessing the state of Solomon Islands�€™ justice system, providing assistance for the judiciary and to strengthen correctional services, and the deployment of 300 police from the region, who were authorised to use executive powers within Solomon Islands, to support the Royal Solomon Islands Police Force. The police were supported by a deployment of defence force personnel who assisted the deployment and provided additional support for the police personnel. This strategy has now paid dividends with the arrest of a large number of alleged criminals and importantly the removal and destruction of small arms. Law and order has now been re-established, and peace and security restored in the Solomon Islands.
The experience of Timor Leste also indicates the importance of long-term strategies to develop the rule of law. Successive UN missions have played an important role in the establishment of the rule of law in Timor Leste. As the report notes, activities at the community level to achieve transitional justice and reconciliation, including the work of the Reception, Truth, and Reconciliation Commission, hold important lessons for the UN in devising, implementing and supporting rule of law strategies in the future.
Mr President
The Secretary-General�€™s report notes that a major obstacle to effectively addressing rule of law issues from the outset of a peace operation has been the fact that police are often too slowly deployed, and frequently have insufficient mandates or skills. To address this critical gap, Australia has created the International Deployment Group, a body consisting of 500 police, available to participate in peace, capacity building and stability missions. These police will be drawn from Australian police services and will have specialised training to equip them for such missions. Many of them will have previous experience in peace operations. We urge other States to consider developing such mechanisms to ensure that trained civilian police are available to participate in peace operations.
The report also notes the importance of international institutions in supporting domestic efforts to deliver justice and entrench the rule of law. In this context, the establishment of the International Criminal Court is a highly significant development. The Court has an essential role to play in facilitating justice and accountability, particularly through the complementarity principle which is a central feature of the Court�€™s statute.
As the report notes, another recent approach to achieving transitional justice is the provision of international support for mixed institutions, such as in the case of Cambodia. Australia welcomes Cambodia�€™s signature on 4 October of the Agreement between Cambodia and the United Nations to establish an Extraordinary Chambers in Cambodia to try senior Khmer Rouge leaders. Australia remains committed to assisting this process, and calls on Cambodia and other States to join Australia in providing funding for the trials. This will enable justice to be done
�€“ justice for which the people of Cambodia have been waiting for far too long.
Mr President
In closing, Australia notes the forthcoming review of the Executive Committee on Peace and Security on matching resources with peace keeping operations to facilitate the establishment of the rule of law and transitional justice. Australia will follow this process closely.
Thank you.