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| Remarks of Lakhdar Brahimi Special Representative of the Secretary-General for Afghanistan On United Nations Day | |||||||||
United Nations Day is an opportunity for all of us, around the world, to reflect and recommit ourselves to the principles that the United Nations represents. I say “all of us” because the United Nations belongs to every country, and so to every person. It is your Organisation. The United Nations is involved in many fields, all of which are aimed at bettering the conditions that people live in. So there are many things that we could speak about in the day that we celebrate UN day. Of all of them, we thought that today it would be appropriate to talk about the Rule of Law. The UN is founded on the belief that, in order to have peace, our interactions should be governed by laws, laws that benefit the whole community of States and peoples. The Charter of the United Nations describes the set of rules that govern how countries should work together to improve the lives of all people, resolve their disagreements and their conflicts. It asserts that States must be governed by international law, because only when all agree to abide by the same system of rules can countries peacefully coexist and build security and prosperity for all. The Charter’s preamble is very clear: it aims to “establish conditions under which justice and respect for the obligations arising from the treaties and other sources of law can be maintained”. Other international agreements created since the UN Charter define the relationship between governments and their peoples because this too must be subject to basic principles. For example, the Universal Declaration on Human Rights defines for every human being the rights that they enjoy. These are rights that are universal, that we inherit when we are born, by virtue of being human - nothing more or less. The right to be treated equally before the law, to be free to worship according to your own religion, to receive a basic education, to be free from arbitrary rule, from unlawful arrest, from abuse by those who hold power. These are also rights that Afghans hold dear to them, and they have asked that these rights be enshrined in the new Constitution. The United Nations helps to promote and protect these rights around the world, because its Member States, and the people of the whole world, agree that all governments, and all people, must abide by the rule of law. Many Non-Governmental Organisations, and many brave individuals, also work tirelessly to promote these rights around the world. They work to promote the rule of law. What do we mean when we say that we want “the rule of law” in our communities and our daily life. Of course, we can point to the written laws themselves, the constitutions, the codes, and the international agreements that we must abide by. We also know that where there is the rule of law, confidence is built. Investors can trust that their businesses will be protected. People can have confidence that their government serves them. But I believe that what really gives meaning to the rule of law is the desire of all men and women to live in a world where there is justice: Where disputes between people are settled not according to how much power one side has, but in courts, by judges who apply fundamental principles of equity and fairness; Where their land and their property cannot be taken from them; Where their families enjoy the protection of police who serve the people. Afghanistan today suffers from the after-effects of more than twenty years of civil war. So many schools, hospitals, houses and farms have been destroyed. But these, with time, can and will be rebuilt. What is even more difficult, is to restore the rule of law to the land. Across Afghanistan, too many people live with injustice everyday. They are subject to abuse by men who use military might for their own gain, to take land, to extort taxes, to traffic in drugs and to build fortunes based on others misery. They want an end to this, to be able to depend on the institutions of the state, the police, the courts, to protect them and to apply the laws equally, between those with power and the citizens. They also want to see the resources of Afghanistan shared equitably among all Afghans, and this too is a matter of justice. Just two days ago, I met with a group of Afghans forced from their homes by violence that occurred, after the fall of the Taliban. They are forced to live in refugee camps in their own country and they fear to return home because of the abuses by local commanders - abuses that neither the police nor the civil administration are in a position to control. That same day, I also met with elders from each of Zabul’s districts. They feel cut off. They are without clinics, without schools, and their people ask when they can expect some minimal assistance. Across Afghanistan, people long for the rule of law to return. In Afghanistan, there are many efforts underway to build the rule of law. Next month, delegates for the Constitutional Loya Jirga will be elected from all the provinces, and their task will be to adopt a constitution that sets out the fundamental laws that will govern all Afghans. The Afghan Independent Human Rights Commission is striving to protect and promote the human rights of Afghans. The Judicial Reform Commission, together institutions of justice, is rehabilitating the justice system. A new national police and national army are being built up, and all other forces should be demobilized, so that arms are used only by the legitimate institutions of the state, to protect the people. The government and the international community are increasing their efforts to rebuild local government institutions and support them, so that they too, can better govern according to the law. Judges are receiving training and support, so that they can better provide justice. This faculty is also striving to produce lawyers and judges of the future. The rule of law must be nurtured and built into the fabric of government and society. It is everybody’s responsibility to live by principles of justice and to treat others with justice, to preserve the rule of law in their community. Islam teaches us this. But I would say that no one bears this responsibility more that those who are given the duty to lead. The Ulluswals, Provincial Governors, Police Chiefs, Judges, Ministers who represent the Government have a special responsibility. We, in the international community, who are here to support them, also have a responsibility. All of the efforts of the last two years, to create peace and stability in Afghanistan, will be for nothing, if, in the end, the people of Afghanistan continue to suffer injustice. History tells us that peace cannot last without justice, and justice depends upon the rule of law. Therefore, I would like to take the opportunity of the UN day to recommit the United Nations to the task of helping Afghanistan rebuild the rule of law. And I invite you to consider how each one of you too, may contribute to this task. Kabul, 23 October
2003 _______________
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© United Nations Assistance Mission in Afghanistan (UNAMA)
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