Sunday, July 28, 2013

UNITED NATIONS AND THE RULE OF LAW

Promoting the rule of law at the national and international levels is at the heart of the United Nations’ mission.  Establishing respect for the rule of law is fundamental to achieving a durable peace in the aftermath of conflict, to the effective protection of human rights, and to sustained economic progress and development.  The principle that everyone – from the individual right up to the State itself – is accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, is a fundamental concept which drives much of the United Nations work.
The principle of the rule of law embedded in the Charter of the United Nations encompasses elements relevant to the conduct of State to State relations. The main United Nations organs, including the General Assembly and the Security Council, have essential roles in this regard, which are derived from and require action in accordance with the provisions of the Charter.
"For the United Nations, the rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."
(S/2004/616)
Report of the Secretary-General on the
Rule of Law and Transitional Justice in
Conflict and Post-Conflict Societies

The General Assembly has considered rule of law as an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions. (A/RES/61/39, A/RES/62/70, A/RES/63/128). The Security Council has held a number of thematic debates on the rule of law (S/PRST/2003/15, S/PRST/2004/2, S/PRST/2004/32, S/PRST/2005/30, S/PRST/2006/28) and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security (SC res 1325, SC res. 1820), children in armed conflict (e.g., SC res 1612), the protection of civilians in armed conflict (e.g., SC res 1674). The Peacebuilding Commission has also regularly addressed rule of law issues with respect to countries on its agenda.
The Organization includes judicial mechanisms, such as the International Court of Justice, the principal judicial organ of the United Nations, and the ad hoc criminal tribunals and hybrid tribunals.

UN activities

UN rule of law activities support the development, promotion and implementation of international norms and standards in most fields of international law.
The United Nations works to support a rule of law framework at the national level: a Constitution or its equivalent, as the highest law of the land; clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable. These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account.
Over 40 UN entities are engaged in rule of law issues and the Organization is conducting rule of law operations and programming in over 110 countries in all regions of the globe, with the largest presence in Africa. Many UN entities carry out activities in the same countries. Five or more entities are currently working simultaneously on the rule of law in at least 24 countries, the majority of which are in conflict and post-conflict situations.

Efforts to Coordinate UN Rule of Law Activities

UN Deputy Secretary-General Jan Eliasson
UN Deputy Secretary-General Jan Eliasson
Responsibility for the overall coordination of rule of law work rests with the Rule of Law Coordination and Resource Group, chaired by the Deputy Secretary-General and supported by the Rule of Law Unit.
The membership of the Group consists of the Department of Political Affairs (DPA), the Department of Peacekeeping Operations (DPKO), Office of the High Commissioner for Human Rights (OHCHR), the Office of Legal Affairs (OLA), United Nations Development Programme (UNDP), The United Nations Children's Fund (UNICEF), The Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Development Fund for Women (UNIFEM) and the United Nations Office on Drugs and Crime (UNODC).
The Group has developed broad policy guidance to avoid duplication and maximize synergies, and is taking a new strategic and results-based approach to United Nations rule of law work. The Group has agreed a Joint Strategic Plan for 2009-2011 and has to date developed the following Guidance Notes of the Secretary General: UN Approach to Rule of Law Assistance, UN Approach to Justice for Children, and The United Nations and Constitution-making.
The Rule of Law Coordination and Resource Group, supported by the Rule of Law Unit, is tasked with acting as a repository for the Organization’s rule of law materials and best practices, and establishing and managing web resources. In fulfilling this mandate, the Group has developed the United Nations Rule of Law Website and Document Repository.

Please find below some key documents on the UN and the rule of law

http://www.un.org/en/ruleoflaw/
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1 comment:

  1. Dear the authority at the United Nations:
    I just read the definition of rule of law on UN's web site. As you know, my family, the inventor on this historic patent case, crime victims in the personal injury cases, and the winner of three authentic rulings in the United States, am urging the United Nations, the world organization, to mediate the settlement of these historic cases when the US government and the Chinese government are the defendants of these historic cases.
    At this moment, my family has won the rulings or conclusions on these historic cases and my father's patent is locked up by the law, by science, and by the economic miracles as a conclusion my father Dehou Fei earned in China and in the US in 2005.

    Now we need the law enforcement power at the UN, in the US, in China and our Sunshine network to restore the rule of law in the big picture and to render justice to my fatally injured family in the small picture in an order defined by the international human rights law -- Article 28 of the Universal Declaration of Human Rights.

    Since I am facing the most outrageous violent crimes to kill me as our network revealed that my airplane will crash if I travel, I am urging the UN to send your representatives (from international court and UNESCO) to mediate the settlement of these historic cases with the US government, the Chinese government and my family at UN's headquarters in NYC. Each party must send the representatives who will enforce the law as guideline, to settle these historic cases. I am open to negotiation on my family's damages, though I am still committed to delivering our Sunshine Award/Fortune to our most outstanding heroes/heroines, who sacrificed their lives for our noble cause. My family will keep our promise to donate most of our damages and restitution to our law enforcement heroes and Sunshine protectors/partners for your merit to take care of the big picture and the small picture.

    If the UN decides not to participate in the mediation, I am urging our Sunshine protectors/partners to mobilize our military power at Pentagon, NATO, the Chinese people's Liberation Army, and local police to enforce the law and to distribute the funds defined by the three authentic rulings and by the US Constitution Article 1, Sec. 9, and Clause 7 as "Consequence of Appropriations made by law." In other words, we will redistribute the funds with the military power as our law enforcement power to clean up corruption and crimes.
    Thank you for considering my suggestion to resolve the unprecedented catastrophe on this planet and to render justice to my family. In return, our heroes/heroines will earn authentic inventor's donations as your gold with ground and glory for your merit. We do not do money laundering. See US law Title 18, Sec. 1956 against money laundering. Thank you for bringing peace and prosperity to the US, to China, and to the world.

    Faye Zhengxing, Ph.D.

    ReplyDelete