Mr President,
Sweden fully aligns itself with the statement given by the Netherlands on behalf of the European Union earlier this session. Nonetheless, I would like to take the floor to highlight some issues that Sweden believes to be of particular importance.
As members of this Organization, we have a duty to respect and promote the rule of law. This applies both at the national level and in our international relations. Without the rule of law, there can be neither economic progress nor social justice. We therefore welcome the Secretary-General's intention of making the rule of law and transitional justice in conflict and post-conflict societies a priority for the remainder of his tenure.
As in our intervention in the debate last year, Sweden would like to put an extra emphasis on the issue of prevention. In the Secretary-General's words: "an ounce of prevention is worth significantly more than a pound of cure".
The UN's experience in the field of justice and the rule of law in post-conflict situations should enhance our ability to act early to prevent conflicts. As stated by the Secretary-General, the root causes of conflict have often been left unaddressed: "Peace and stability can only prevail if the population perceives that politically charged issues, such as ethnic discrimination, unequal distribution of wealth and social services, abuse of power, denial of the right to property or citizenship and territorial disputes between States, can be addressed in a legitimate and fair manner. Viewed this way, prevention is the first imperative of justice". Sweden fully subscribes to this view. To recognize these links and to address the root causes in time will require an enhanced coordination among all relevant actors.
Prevention is part of the Security Council's responsibilities as reaffirmed by its resolution 1366. Peace-building efforts in the area of rule of law and justice in post-conflict societies constitute one form of preventive action. It reduces the risk of such societies falling back into conflict.
Domestic institutions have to be complemented by international and multilateral action. The existence of the International Criminal Court is a deterrent for presumptive perpetrators. So is the readiness of domestic legal systems to apply universal jurisdiction for international crimes. Not only do we need to make the Rome Statute of the International Criminal Court universal, we also have to increase cooperation between domestic legal authorities.
Increased focus on these matters requires concrete action within the Secretariat, and changes in the organization may be needed. In this context I welcome the interesting proposals presented on the Rule of Law and Transitional Justice, submitted by Finland, Germany and Jordan.
Another key issue is the division of labour between the various bodies of the United Nations and the international community. This should be determined by needs and not by budgetary concerns. Further, we must ensure better cooperation between these bodies, not least regarding the transition of responsibilities. The overall aim must be to work towards establishing the rule of law in a coherent fashion, and through the whole transition from conflict through peace-keeping and humanitarian assistance to sustainable development.
Let me finally stress three facts that are sometimes overlooked. Firstly, attorneys -- defence lawyers and others -- are vital to a nation's legal system. Not only do they provide the representation and assistance that both accused and victims have a right to. They also contribute to the rule of law, by ensuring that authorities are held to account and by defending human rights.
Secondly, the importance of gender justice. The outcome of the UNIFEM and ILAC conference in September could prove valuable in mainstreaming gender issues in the area of rule of law and in contributing to further implementation of resolution 1325 on women, peace and security.
And thirdly, no one, including peacekeepers, is above the law. We welcome the bulletin of the Secretary-General on special measures for protection from sexual exploitation and sexual abuse and believe it essential that any UN personnel not complying with these minimum standards be held accountable.
The rule of law is a means for the protection of the dignity of all human beings as well as a foundation for well-functioning societies. Sweden is grateful that the issue of rule of law and transitional justice is brought to the fore and that it remains on the agenda of the Security Council and the United Nations at large. It is by focussing on the promotion and respect for justice and the rule of law in conflict and post-conflict societies that we might be able to prevent conflicts to reoccur.
Thank you.