UNITED NATIONS SECURITY COUNCIL
Statement by H.E. Mr John Dauth LVO Ambassador and Permanent Representative of Australia
on
Justice and the Rule of Law
New York 30 September 2003
Mr President
Australia welcomes the Council’s focus on the theme of "justice and the rule of law". These issues are central to the Council’s work.
Australia’s long experience in peace operations has made us acutely aware of the importance of justice and rule of law issues to societies in conflict, or emerging from it. This was particularly the case in East Timor, where UNTAET, as the administering authority, was tasked with establishing the foundations for a new State. Central to this was the establishment of an effective system of justice and the rule of law. There are a number of lessons which can now be drawn from this experience.
First, justice and rule of law considerations must be treated as core components of UN missions. Rule of law strategies must be implemented as early as possible. The UN must remain engaged throughout the continuum of peace operations – from conflict prevention through to peace-building. Appropriate experts must be deployed quickly. International actors must work with local actors, and leave behind strong local institutions and capacity.
Much has been achieved in East Timor. But, as the UNMISET mandate comes to an end, work to consolidate the rule of law is still required there and will need to be incorporated into a post UNMISET UN presence.
Mr President
Earlier this year, the situation in the Solomon Islands deteriorated markedly, and the rule of law had virtually collapsed. In July, at the request of the Solomon Islands Government, and with the unanimous support of all Pacific Islands Forum members, Australia led the Regional Assistance Mission to the Solomon Islands, a regional arrangement under Chapter VIII of the Charter. The Mission is intended to re-establish conditions in which justice and the rule of law can operate. Police from across the region are now working alongside Solomon Islands police, with the support of military personnel. The Mission is restoring hope. The Council could learn much from this experience.
Mr President
Significant progress has been made towards incorporating considerations of justice and the rule of law into peace operations. The Executive Committee on Peace and Security’s Task Force report on the Rule of Law in Peace Operations provides a valuable guide to current work and future directions. We also commend to the Council the outcomes of a conference on the Rule of Law on Peace Operations which Australia hosted last year.
Mr President
In some cases, international assistance to domestic legal systems is required to ensure justice. In this context Australia calls upon Cambodia, with the assistance of the UN and a number of states including Australia, to quickly establish Extraordinary Chambers to try senior Khmer Rouge leaders. This will enable justice within Cambodia which is long overdue.
Finally, Australia would welcome a report from the Secretary-General on justice and the rule of law issues. This should pull together past experience, draw on work already done, set out lessons learned, and provide focused guidelines for future consideration of justice and rule of law issues. It will be a valuable tool to assist our collective efforts.
Thank you.