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REGRESAR

Statement on behalf of the Community of Latin American and Caribbean States, CELAC on The Rule of Law at the National and International Levels

Statement of the Permanent Mission of the Dominican Republic to the United Nations

October 5

Mr. President,

My delegation has de honor to speak on behalf of the Community of Latin American and Caribbean States (CELAC) on the subject of the rule of law at the national and international levels.

CELAC takes note of the Secretary General's annual report on Strengthening and Coordinating United Nations Rule of Law Activities (document A/71/169).

In the Quito Declaration, adopted on the Fourth Summit of CELAC, which took place on January 2016, as well as it was reflected in CELAC declarations of Belen, Santiago and Havana, the members reiterated their respect to the International Law, the peaceful settlement of disputes, the prohibition of the threat or use of force, sovereignty, territorial integrity, and non-interference on domestic issues of each country, the protection and promotion of all human rights, the rule of law at the national and international levels, as well as democracy.
Likewise, we support the principle of self-determination of all people that are still under colonial rule and foreign occupation, the non-interference on domestic affairs, the respect of human rights and fundamental freedoms, the respect of equality of rights for all without distinction on gender, race, language or religion, promote cooperation at the international level to solve all economic, social, cultural or humanitarian problems and fulfilling in good faith the obligations assumed by all States in the Charter.

The debate of the topic at the Sixth Committee allows us to take hold of the work of the Organization with regard to this important matter. The members of CELAC recall that ways and means should be proposed to further develop the linkages between the rule of law and the three main pillars of the United Nations: peace and security, human rights and development.

The rule of law at the international level allows for the acts of States to be foreseeable and legitimate, strengthens Sovereign equality of states and sustains the responsibility of a State with regard to all individuals that are found in their territory and subject to their jurisdiction.
Likewise, the members are committed on working together in order to achieve the prosperity of all, to eradicate discrimination, inequality, exclusion, violations of human rights and transgressions against the Rule of Law.

The Community of Latin American and Caribbean States reaffirms its commitment with the rule of law and recognizes its importance to achieve fraternal relations and equality among States, as well as to be able to build just and fair societies, as reflected on the High Level Declaration.

We are decided to contribute to a just and long lasting peace throughout the world, in accordance with the purposes and principles contained in the United Nations Charter.

Mr. President,

CELAC recognizes the activities carried out by the different offices of the United Nations System, while considering that there is still room for improvement to avoid duplication of efforts and to increase the efficiency of the activities towards the strengthening of the rule of law at the national and international levels, as well as within the Organization.

We are convinced that peace and security at the international level is essential for strengthening the rule of law, and we emphasize the importance of maintaining the necessary efforts to revitalize the General Assembly, to strengthen the Economic and Social Council and to reform the Security Council, with a sense of urgency, in order to make these organs more efficient, democratic, representative and transparent. Furthermore, we note the importance of the decisions regarding the governance structures reforms, quotas and voting rights of the Bretton Woods institutions. Moreover, we stress the relevance of governance reform in those institutions, as to attain more effective, credible, responsible and legitimate institutions.
CELAC recognizes that a commitment to the international legal framework is needed to respect the rule of law at the international level, in which the rule of law applies to all States as equals, as well as to international organizations, even the United Nations and its principal organs, including the Security Council. In that regard, the member States reaffirm the obligation to solve the disputes by peaceful means of own choice, like negotiation, mediation, conciliation, arbitration, judicial settlement or, amongst others, with full compliance with the pertinent General Assembly Resolutions.

Compliance with the obligations set forth in the Charter as well as other international instruments, is essential in the collective task of maintaining peace and international security and to address effectively new threats and to ensure the accountability for international crimes.

The mechanisms carried out within the Latin America and the Caribbean region play a significant role in promoting the rule of law among its member States. CELAC is committed to the strengthening and promotion of the rule of law through dialogue, cooperation and solidarity among its members.

Mr. President,

The Community recognizes the importance of national ownership and stresses that countries should engage in the activities linked with the rule of law and the necessity to look after the existence of a transparent legal system accessible to all, solid democratic institutions and laws, independent and impartial judicial systems and adequate redress mechanisms for human rights violations, in order to establish a framework for political and social development.
CELAC recognizes the necessary link between the rule of law at the international and at the national levels. These are not two parallel and separate concepts. On the contrary, both levels inform each other and are interlinked.

CELAC urges States to refrain from promulgating and applying any unilateral sanctions or any other economic, financial or trade measures not in accordance with international law and the Charter that impede the full achievement of economic and social development, particularly in developing countries. In this regard, CELAC urges the fulfillment of successive resolutions adopted by the United Nations General Assembly, in particular resolution A/70/5, entitled “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba'.

It should be noted that strengthening the rule of law is not an exclusive problem of certain countries or regions but a global aspiration to be governed by agreed values, principles and norms, created through open predictable and recognized processes that take into account national perspectives.

Mr. President,

CELAC welcomes United Nations programs and activities aim at strengthening the rule of law. Likewise, we reiterate the importance that such United Nations assistance be broad in scope, in order to also include challenges regarding economic growth, sustainable development, and eradication of poverty.

The rule of law and development are closely related and they reinforce mutually, therefore, it is essential to promote the rule of law at the national and international levels in order to achieve a sustained and inclusive economic growth, and to achieve a sustainable development, eradicating poverty and hunger, as well as for fully realizing human rights and fundamental liberties, including the right to development. In that sense, CELAC recognizes the importance of promoting access to justice for all as a means of overcoming root causes of exclusion, in particular to vulnerable populations, advancing toward the universalization of birth registration, the improvement of legal aid, and fostering dispute resolution mechanisms such as mediation and conciliation. It should be noted that these and other practical measures facilitate the access to justice for all, in particular the poorest and most vulnerable.

With regard the exchange of national practices of States in the application of multilateral treaties, the member States of CELAC welcome the “Regional Seminar on the Law and the Practice in the subject of Treaties for the Latin America and the Caribbean Region” carried out in Mexico City, Mexico, from July 18 to 20, 2016. We noted that the event was very productive and participants have emphasized the importance to continue the provision of regional seminars.

In that sense, CELAC invites the States to continue the realization of events like those, foment the exchange of practices and experience, therefore, largely, on that will depend the strengthening of the Rule of Law within the international Community.

Furthermore, we welcome all the regional courses of international law, in particular the one for Latin America and the Caribbean that took place in Montevideo, Uruguay, from 4 to 29 April, 2016.

Thank you.