72 UNGA: Statement by the Cuban Delegation on Item 85 “Rule of Law at the National and International Levels”. New York, 5 October 2017.

Mr. Chairman,

Cuba endorses the statements delivered by the Islamic Republic of Iran on behalf of NAM and by the Republic of El Salvador on behalf of CELAC on this important topic.

The Government of Cuba reiterates its unavoidable commitment to promote and strengthen a genuine Rule of Law, which will undoubtedly allow us to change the unjust international order.

Cuba is grateful for the Report submitted by the Secretary-General this year on item A/72/268, entitled “Strengthening and coordinating United Nations rule of law activities”, stating once again that a true Rule of Law begins with a reformed United Nations, which is a banner of transparency, democracy and participation of the entire international community in the settlement of the pressing global problems.

In this regard, it would also be worth asking ourselves how we can be more effective in achieving this purpose.

Within this reform, and as part of the promotion and strengthening of the Rule of Law, we must consolidate the central role of the General Assembly, the only body with universal membership and an exclusive task towards the progressive development and codification of international law.

It is important to note that the High-Level Declaration clearly states in paragraph 36 that a true Rule of Law implies democratizing international economic, monetary and financial organizations, so that they serve to the development of the peoples rather than to the permanent enrichment of a few.

At the same time, Cuba reiterates its commitment to work towards a broad and profound reform of the Security Council, to turn it into an inclusive, transparent and democratic organ, so that it reflects the genuine interests of the international community, in accordance with the principles and purposes of the Charter of the United Nations.

Mr. Chairman,

Cuba did not reveal its position regarding paragraph 28 of the aforementioned Declaration for we believe the Security Council has failed to make positive contributions to the Rule of Law, since this Organ has no mandate to do so.

This Organ and some of its Members openly violate international law and the decisions of the Council in order to impose their political and military-domination agenda on developing countries.

Mr. Chairman,

Cuba wishes to reiterate that sovereign equality, good-faith compliance with the obligations assumed by States, peaceful settlement of disputes, refraining from the use or threat to use force against the territorial integrity or the political independence of any State, non-interference in internal affairs of other States, as well as non-selectivity, must be the basic principles governing at all times the actions of States and the promotion of the Rule of Law. This was clearly stated in paragraphs 1 and 3 of the High-Level Declaration and is reflected in paragraph 7 of the annex to document A/70/206. The international community should work for the real implementation of these principles.

In like manner, Cuba condemns any attempt to supersede or replace national authorities, including those actions to promote internal conflicts in sovereign States in order to impose foreign agendas. Paragraph 11 of the Declaration states straightforwardly the national ownership of every activity related to the Rule of Law.

Mr. Chairman,

Promoting and strengthening the Rule of Law are based on due respect for the legal institutions of all States by the international community, as well as on recognizing the sovereign right of peoples to create legal and democratic institutions in line with their social, political and cultural interests.

We should work to strengthen domestic legal systems on the basis of voluntariness, unrestricted respect for the self-determination of the peoples and without political conditions of any kind.

Mr. Chairman,

Cuba has noted with concern the attempts to impose a concept on Rule of Law and create a monitoring mechanism beyond the Sixth Committee.

Cuba rejects any attempt to politicize the issue under the argument of its alleged cross-cutting nature. The delegations participating in the work of the Sixth Committee represent all States; thus, they are fully capable of discussing any topic we decide by consensus.

Mr. Chairman,

A genuine Rule of Law, rather than formal and technically-perfect laws, requires the unequivocal waiver of any unilateral action or measure, including the enactment and implementation of extraterritorial laws, as well as the politically-motivated exercise of the jurisdiction of national or international courts.

Cuba condemns and demands the immediate abolition of the whole set of extraterritorial rules that make up the economic, commercial and financial blockade imposed against Cuba for more than 50 years. Our country also urges compliance without further delay with the numerous resolutions adopted by this august Assembly on this issue and with the provisions set in paragraph 9 of the High-Level Declaration on the Rule of Law under Resolution 67/1, which sets out that: “States are urged to refrain from promulgating and applying any unilateral economic, financial or trade measures not in accordance with international law and the Charter of the United Nations that impede the full achievement of economic and social development, particularly in developing countries.”

Thank you very much.