阿拉伯利比亚民众国
Libyan Arab Jamahiriya
1. 鉴于大会重申决意维护《联合国宪章》的宗旨和国际法原则,以建立一个更和平的世界,并重申人权、法治和民主相互关联、相互加强,是联合国价值和普遍原则的一部分,
Considering that the General Assembly reaffirms its commitment to the purposes of the Charter of the United Nations and the principles of international law, with a view to the establishment of a more peaceful world, and reaffirms also that human rights, the rule of law and democracy are interlinked and mutually reinforcing values and that they are part of the values and universal principles of the United Nations.
2. 鉴于实行民主是全体(人民)以我们从技术和内容角度称谓的“人民力量”行使商定权力的一种形式,目的是制定法律、执行法律并由法官适用法律,而且鉴于如此实行民主才能保证全体人民制定法律、对全体人民适用法律和保护全体人民,从而保护各项人权:
And whereas the application of democracy is a form of exercise of power agreed on by all (the people), with a view to the laying-down of the law, its implementation and its application by judges, with what we may agree to call, both technically and in terms of content, “the power of the people”, and it is this that guarantees the establishment of the law by all, its application to all and the affording of protection to all, resulting in the establishment of the protection of human rights.
3. 关于国内法治,我国认为,应该借鉴会员国在这个领域的经验,例如,利比亚民众国通过基层人民代表大会(立法权)和人民委员会(行政权)实行民主的经验,因为这项原则能够保证一切回归源头,由源头、也就是由人民行使权力;
With regard to the rule of law at the national level, it is our view that one should build on the experience of Member States in this area, including, for example, the experience of the Libyan Jamahiriya in applying democracy through Basic People's Congresses (the legislative power) and People's Committees (the executive power), for that is the principle that guarantees that the branches lead back to the source, authority being wielded by the source, that is, the people.
4. 关于国际法治,我们必须指出,应该要求在联合国组织框架各级别、包括在安全理事会实行民主,因为实行国际法治就应该首先改革联合国各机关,使其民主化,从而使其符合实行国际法治的要求。
With regard to the rule of law at the international level, let us point out that the call should be for the practice of democracy within the framework of the United Nations Organization at every level, including the Security Council, considering that the application of the rule of law at the international level begins with the reform and democratization of the United Nations organs so as to make them consistent with the call for the application of the rule of international law at the international level.
列支敦士登
Liechtenstein
[原件:英文]
[Original: English]
1. 列支敦士登已在与墨西哥联合提交的将一个项目列入议程项目的请求1 中和在大会第六十届会议第六委员会的辩论发言中表达关于法治事项的意见。
Liechtenstein has already expressed its views on matters pertaining to the rule of law in the request for inclusion of the respective agenda item, submitted jointly by Mexico and Liechtenstein,1 as well as in the statement given in the debate of the Sixth Committee during the sixtieth session of the General Assembly.
这些文件强调列支敦士登对法治的重视,载有列支敦士登关于法治的各种概念构想,在此不必重复这些构想。
These documents underline the importance that Liechtenstein attaches to the rule of law and contain conceptual considerations regarding the rule of law, which need not be repeated here.
这个倡议在大会引起了积极反响,此后,秘书处出现了各种发展,尤其是,题为“汇聚我们的力量:加强联合国对法治的支持”的报告体现了这些发展,列支敦士登对此深感鼓舞。
Liechtenstein is greatly encouraged by the positive response this initiative has received in the Assembly and by subsequent developments in the Secretariat, as reflected in particular in the report “Uniting our strengths: enhancing United Nations support for the rule of law”.
这些活动是对《2005年世界首脑会议成果》所提出任务的回应,各国元首和政府首脑在《成果》中认识到“需要在国家和国际两级全面遵守和实行法治”(第134段),并要求采取加强法治的行动。
These activities respond to the mandate of the 2005 World Summit Outcome, in which the Heads of State and Government recognized “the need for universal adherence to and implementation of the rule of law at both the national and international levels” (para. 134) and requested action aimed at strengthening the rule of law.
2. 上述秘书长报告是联合国法治工作向前迈出的一大步。
The above-mentioned report of the Secretary-General represents an important step forward in the work of the United Nations on the rule of law.
列支敦士登欣见报告采取了均衡做法,例如,将法治活动分为三大篮子:国际一级的法治;冲突和冲突后局势中的法治;长期发展背景下的法治。
Liechtenstein welcomes the balanced approach chosen in the report, as reflected by the grouping of rule of law activities in three baskets: rule of law at the international level; rule of law in the context of conflict and post-conflict situations; rule of law in the context of long-term development.
显然,加强法治活动不属于联合国某一个部门的权限范围,而应由联合国系统许多行为者共同开展。
Activities aimed at strengthening the rule of law are clearly not within the purview of a single United Nations department, but are undertaken by a multitude of actors within the United Nations system.
列支敦士登同意,必须更好地协调这些活动,列支敦士登非常欢迎设立由常务副秘书长主持的法治协调和资源小组。
Liechtenstein agrees that these activities must be better coordinated and applauds the establishment of the Rule of Law Coordination and Resource Group, chaired by the Deputy Secretary-General.
3. 但是,除改进协调外,与法治相关的活动还必须得到比较充足的财政和人力资源。
In addition to improved coordination, however, rule-of-law related activities must also receive more adequate financial and human resources.
这对第一大篮子——国际一级的法治——的活动尤其重要。
This is particularly relevant with respect to activities in the first basket, rule of law at the international level.
促进一般国际法的活动、例如提供技术援助、将国际公约和国际法其他法源转变为国内法令的活动似乎相当有限。
Activities aimed at promoting international law in general, such as technical assistance related to the implementation of international conventions and other sources of international law into the national legal order appear to be rather limited.
许多国家缺乏能力,无法及时和全面响应国际法的逐渐发展或利用根据国际法建立的各种机制,例如解决冲突领域的机制。
Many States lack the capacity to respond in a timely and comprehensive manner to the progressive development of international law, or to use mechanisms established under international law, such as in the area of conflict resolution.
因此,列支敦士登认为,必须特别加强第一大篮子——国际一级的法治——的活动,而维持和平行动部、联合国人权事务高级专员办事处和联合国开发计划署在实地开展的大量活动已使另外两大篮子的活动受益,因此,对这两大篮子的活动,主要是酌情改进协调和加强。
Liechtenstein is thus of the view that activities in the first basket, rule of law at the international level, need to be particularly strengthened, whereas activities in the other two baskets do already benefit from the strong field presence of the Department of Peacekeeping Operations, the Office of the United Nations High Commissioner for Human Rights and the United Nations Development Programme, and thus need to be mainly better coordinated, and strengthened, where appropriate.
4. 列支敦士登支持下述决定,即:每年挑选一个第六委员会法治辩论可以重点讨论的小专题。
Liechtenstein supports the decision to annually choose a sub-topic on which the debate on the rule of law can be focused in the Sixth Committee.
有鉴于此,尤其是,鉴于秘书长将提出一份法治活动清单和关于加强和协调清单所列活动的方式和方法的报告,不妨将技术援助和能力建设问题作为今后一次辩论的小专题。
In light of the above and, in particular, given the fact that the Secretary-General will provide an inventory of rule of law activities as well as a report identifying ways and means for strengthening and coordinating the activities listed in the inventory, the issue of technical assistance and capacity-building could be a useful sub-topic for a future debate.
墨西哥
Mexico
[原件:西班牙文]
[Original: Spanish]