H.E. Mr.Desra Percaya
Permanent Representative of the
Republic of Indonesia to the United Nations
Security Council Open Debate
on the Agenda Item
“The Promotion and Strengthening of the Rule of Law
In the Maintenance of International Peace and Security”
New York, February 19, 2014
I would like to begin by extending my appreciation to you for convening this open debate, and for the excellent concept note. It is also a privilege for me to welcome the participation of H.E. Linas Linkevicius, Foreign Minister of Lithuania.
My delegation would also like to thank the Secretary-General for his comprehensive briefing.
Indonesia fully subscribes to the importance of promoting and strengthening the rule of law in countries emerging from conflict. Not only does the rule of law help to restore order, it very importantly serves as an undisputed sign of a functioning authority.
With that in mind, I would like to highlight two principal ideas for the development of the rule of law.
First,development of rule of law must support sustainable peace in post-conflict countries. In this respect, I wish to reiterate the importance of security sector reform to take place at the earliest possible time, and to create environment conducive for rule of law to be well-developed.
The development of rule of law also must be put within a comprehensive framework of national development of the respective countries, along with other important tasks such as promoting reconciliation, revitalizing the economy, building critical infrastructure, promoting and protecting human rights, providing basic services, and strengthening national capacity.
Second, national ownership must continue to be the critical guide in the formulation and execution of the mandates of UN peace missions. Indonesia reiterates her strong conviction that development or restoration of the rule of law is the national governments’ responsibility, and that a genuine and inclusive partnership with host governments must be forged by the UN at all times.
These two principal ideas underline why UN peace missions must remain adaptive to local cultures and practices.
In this regard, my delegation takes note of the Secretary General’s 2004 report on transitional justice, which strongly encourages Member States to avoid one-size-fits-all formulas, and unilateral imposition of foreign models.
My delegation is in full agreement with your concept note that meticulous planning of the UN peace missions’ rule of law mandates is compulsory, in order to achieve a high degree of clarity and achievability.
I wish therefore to reiterate Indonesia’s support for robust yet realistic mandates on rule of law; keeping in mind the necessity of a solid knowledge of each country’s unique situation.
Accordingly, strengthening consultation with the host government as well as troop and police contributing countries; will help creating a comprehensive projection of what is expected from the UN, and how to fulfil such expectations.
This kind of approach also offers the strongest opportunity for an integrated rule of law approach to take place, most importantly in the timing or sequencing of relevant support.
On the issue of internal coordination, my delegation appreciates the recent efforts towards ensuring that the DPKO and UNDP, work in a more coherent and efficient manner on the rule of law, through the establishment of the Global Focal Point.
My delegation, however, would like to underscore the importance of regular and institutionalized intergovernmental consultation; to ensure transparency and accountability of these two institutions in the implementation of their respective mandates.
Restoring rule of law in a post-conflict situation, from the outset, must be targeted both at helping the society to cope with the legacy of conflict, and to enhance the capacity of the host government to be more accountable to their people.
In that regard, building human and institutional capacity for law enforcement must be a core component of rule of law mandates. With that in mind, Indonesia underscores the great importance of the role of the Peacebuilding Commission.
I also wish to reiterate Indonesia’s high commitment to the UN Civilian Capacities initiative. It remains our view that this initiative provides a valuable learning process and for identifying best practices in institution-building in the post-conflict situation.
This conviction has guided Indonesian police officials in various UN peace missions in applying their valuable experience in community policing to their local duties.
Capacity building must go hand-in-hand with upbringing the culture of law and peaceful coexistence.To that end, local history and customs can provide relevant norms and values that would support such universally-recognized principles as the promotion and protection of human rights, transparency, and equality.
This culture-sensitive approach will better withstand resistance, and strengthen local confidence in the rule of law development.
Further, Indonesia is firmly convinced that the inclusion of women and children in the rule of law agenda, as part of community empowerment, will strengthen local resiliency, and form a formidable platform for development.
This conviction manifests itself in our sending of female peacekeepers and police personnel to UNIFIL and UNAMID. Though modest in number, our female officers have played their parts in the mainstreaming of gender perspectives in the activities of those missions.
The latest report of the Secretary-General on measuring the effectiveness the UN’s rule of law assistance in conflict and post-conflict situations provides a substantial and in-depth analysis for our future work. While being appreciative of the work of the Secretary-General, Indonesia reiterates the need for further deliberation on the subject as contained in the report.
Indonesia concurs that national data collection and measurement are necessary for the evaluation of UN peace missions’ mandates. Nonetheless, our initial view is that the said activities should be carried out under the umbrella of strengthening national capacity of the governments concerned.
Against this background, such national data collection and measurement are better carried out under the authority of host governments. This will encourage them to fully understand standards or parameters of a fair, transparent, and accountable rule of law. Such a capacity is indispensable in the formulation of the countries’ own national legal development.
To conclude, Mme. President, promoting and strengthening rule of law is indeed a complex and daunting task. It calls for a high degree of understanding and empathy to the local situation, and a willingness to engage in a sustainable manner. To this end, the UN must prepare itself for missions of this kind of character in the future. Among others, funding, management, human resources, and expertise can and must be made available in a timely and sustainable fashion.
I thank you.
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