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Asian-African Legal Consultative Organization - Resolutions |
RES/47/SP 1
4 JULY 2008
''NEW DELHI RESOLUTION ON ASPECTS OF INTERNATIONAL HUMANITARIAN LAW''
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Noting with appreciation the views expressed by delegations, panelists and other related statements during the Special Meeting on “Contemporary Issues in International Humanitarian Law”, organized jointly with the International Committee of the Red Cross (ICRC), on 2 July 2008 during the Forty-Seventh Session of AALCO held in Headquarters (New Delhi),
Expressing grave concern that civilian populations account for the vast majority of casualties in armed conflicts, and taking note of the need for better protection of civilian populations during armed conflicts by ensuring respect for international humanitarian law by all parties to the conflicts,
Reaffirming the significance of effective implementation and enforcement of international humanitarian law in armed conflicts in protecting the integrity and dignity of all those affected by armed conflicts,
Recalling the ''Seoul Resolution on the Relevance of International Humanitarian Law in Today’s Armed Conflicts'', and Resolution of the Special Meeting on “Universal Jurisdiction and its Role in the Enforcement of International Humanitarian Law'', adopted by AALCO at its Forty-Second (Seoul, 2003) and Forty-Fifth Golden Jubilee (Headquarters, New Delhi, 2006) Sessions respectively,
Being aware that many sub-munitions of cluster munition fail to detonate and thereby become explosive remnants of war and kill and maim innocent civilians long after the conflicts end,
Being concerned about the indiscriminate and inhuman impact of anti-personnel landmines by way of their disastrous effect on the civilian population,
Taking note of the growing involvement of private military and security companies (PMCs and PSCs) in conflict and post conflict situations and the necessity of regulating their activities within the framework of international law in general and international humanitarian law and human rights in particular,
Noting the adoption of the Convention on Cluster Munitions on 30 May 2008 in Dublin,
Also noting the wide acceptance by the international community of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction,
Recognising the necessity of preventing certain potential adverse consequences resulting from the use of force by the PMCs and PSCs and also from the growing reliance of armed forces on these entities,
1. Commends the AALCO Secretariat and the International Committee of the Red Cross (ICRC) for their efforts in successfully organizing the Special Meeting on 'Contemporary Issues in International Humanitarian Law’;
2. Urges Member States, who have not done so, to consider becoming parties to the 1980 Convention on Certain Conventional Weapons and its five Protocols;
3. Encourages Member States, who have not done so, to consider becoming parties to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction;
4. Also encourages Member States, who have not done so, to consider becoming parties to the Additional Protocols of 1977 and 2005 to the Geneva Conventions of 1949;
5. Calls upon Member States to consider making efforts towards ensuring and promoting respect for international humanitarian law and human rights by PMCs and PSCs working in conflict areas and develop appropriate measures at national, regional and international levels;
6. Requests Member States to take all necessary measures in order to ensure that the rules of international humanitarian law are fully respected, in particular through the adaptation of domestic laws, including military manuals and the dissemination and teaching of international humanitarian law;
7. Welcomes the Advisory Service activities of the International Committee of the Red Cross in supporting the efforts made by AALCO Member States to take legislative and administrative action to implement international humanitarian law and in promoting the exchange of information on those efforts between Governments;
8. Reaffirms the importance of continuing to discuss, study, disseminate and develop international humanitarian law through mutual participation in conferences, meetings and seminars, as appropriate and feasible, as referred in the Co-operation Agreement signed between AALCO and the ICRC on 7 July 2003.
RES/47/ORG 1
4 JULY 2008
REPORT OF THE SECRETARY-GENERAL ON ORGANIZATIONAL, ADMINISTRATIVE, AND FINANCIAL MATTERS
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Conscious of the functions and the purposes of the Organization as referred to in Article 1 of the Revised Statutes,
Having considered the Report of the Secretary-General on Organizational, Administrative and Financial Matters pursuant to Rule 20 (7) of Statutory Rules as contained in Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION /2008/ORG 1,
Appreciating the efforts of the Secretary-General to enhance the activities of the Organization and to implement its work programme as approved at its Forty-Sixth Session held at Cape Town, Republic of South Africa (July 2007),
Welcoming the continued practice towards the rationalization of its work programme, including consideration of the agenda items during its annual sessions,
Expressing its satisfaction over the increasing co-operation between the Organization and the United Nations, its Specialized Agencies and other International Organizations,
1. Approves the work programme of the Organization as set out in the Report of the Secretary-General and urges Member States to extend their full support to the implementation of that programme;
2. Requests the Secretary-General to continue his efforts to enlarge the Membership of the Organization in Asia and Africa, in particular, Central Asian States, South-East Asian States and French-speaking countries from both regions;
3. Also requests the Secretary-General to mobilize financial resources to have French as an additional working language during the coming sessions;
4. Encourages Member States to make voluntary contributions to support the organization of seminars/meetings/training programmes or to prepare special studies on any specified topic under the approved work programme of the Organization;
5. Requests the Secretary-General to study and to report, at its Forty-Eighth Session, on the possible measures that AALCO can take to further rationalize its work programme, including consideration of the agenda items during its annual sessions; and
6. Requests the Secretary-General to report on the activities of the Organization at its Forty-Eighth Session.
RES/47/ORG 2
4 JULY 2008
AALCO’s DRAFT BUDGET FOR THE YEAR 2009
The Asian African Legal Consultative Organization at its Forty-Seventh Session,
Having heard with appreciation the introductory statement of the Secretary-General on the financial situation and Draft Budget for the year 2009,
Taking note of the comments of the Member States,
Also taking note that the Draft Budget for the Year 2009 was placed for the consideration of Liaison Officers of Member States of AALCO at the 295th Meeting held on 18 December 2007,
Expressing serious concern regarding the precarious fiscal situation of the AALCO Secretariat,
Noting the fact that the scale of assessment of contributions from Member States have remained stagnant for the past 15 years,
Referring to the study circulated by the Secretariat in the Forty-Sixth Session held in Cape Town, Republic of South Africa, in 2007 regarding the necessity to revise the scale of contributions,
Expressing appreciation to Amb. Dr. Wafik Zaher Kamil for his endeavours during his tenure as the Secretary-General of AALCO towards streamlining the expenses of the Secretariat, sensitizing the Member States about the fiscal condition of AALCO, and exerting all possible efforts towards collecting arrears of contribution from Member States,
Taking into account that the Budget for the year 2009 would be implemented by the new Secretary-General Prof. Dr. Rahmat Mohamad,
Also taking into account the fact that the new Secretary-General would discuss this matter within the Secretariat and study the proposals made by Amb. Dr. Wafik Zaher Kamil, with Member States and place the Draft Budget for consideration of Liaison officers in December 2008, and thereafter present it at the Forty-Eighth Session of AALCO in 2009,
Noting that some Member States emphasized on the need for a more effective external auditing system to be introduced for the use of the budget of the Organization,
1. Requests those Member States who have not paid their contributions for the year 2008 in full and to do so in time in accordance with their budgetary systems in order to ensure the smooth functioning of the Organization;
2. Urges those Member States who are in arrears to fulfill their financial obligations and to clear expeditiously the same and in order to enjoy the right to get involved actively in various official events stipulated in the Statutes and Statutory Rules of AALCO;
3. Also urges the new Secretary-General to exert all possible efforts to streamline the expenses of the Secretariat and to take all necessary steps to clear the accumulated arrears;
4. Requests Member States to consider the proposal of the Secretariat to revise the scale of annual contributions and constitute a Committee of Member States to study this issue in-depth and submit their Report and Recommendations for the consideration at the Forty-Eighth Session;
5. Directs the new Secretary-General in consultation with the Member States to formulate necessary measures against those Member States who are in arrears, and circulate it to Member States before the Forty-Eighth Session for their attention, consideration and follow-up; and
6. Decides to place the item on the agenda of the Forty-Eighth Session to be held in 2009.
RES/47/ORG 3
4 JULY 2008
REPORT ON AALCO’s REGIONAL CENTRES FOR ARBITRATION
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Report on AALCO's Regional Centres for Arbitration contained in Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/ORG 3,
Having heard with appreciation the introductory remarks of the Deputy Secretary-General and the report of the Directors of the Regional Arbitration Centres,
Reaffirming the commitment by the governments of Member States towards enhancing the role of the Regional Arbitration Centres,
Recalling its decision relating to the Integrated Scheme for the Settlement of Disputes in Economic and Commercial Transactions adopted at its Doha Session in 1978,
Expressing its satisfaction over the increasing use of the facilities and the opportunities offered for both domestic and international arbitrations under the auspices of its Regional Arbitration Centres,
Appreciating the efforts and contributions of the Governments of the Arab Republic of Egypt, the Islamic Republic of Iran, Malaysia, Federal Republic of Nigeria and Republic of Kenya for hosting the respective Regional Arbitration Centres;
Also appreciating the promotional activities undertaken by the Directors of the Centres, including organization of seminars and training programmes, to promote international commercial arbitration in the Asian and African regions;
Also appreciating the Kuala Lumpur Regional Arbitration Centre for successfully organizing an International Conference in commemoration of the Thirtieth Anniversary of its establishment;
Reiterating the earlier decision of the AALCO on the necessity for the governments of Member States to promote and support the use of the Regional Arbitration Centres;
Also reiterating its proposal that after consultation with the Directors of the respective Regional Arbitration Centres, for the holding of International Arbitration Conference biennially, by rotation in each of the Centres, with the support of Member States;
Welcoming the Agreement signed at Cape Town Session on 2 July 2007 between the AALCO and the Government of the Republic of Kenya for the Establishment of the Regional Centre for Arbitration in Nairobi, and requests the Secretary-General of AALCO, in cooperation with the Government of the Republic of Kenya, to facilitate the implementation of the Agreement for the establishment of the Nairobi Regional Arbitration Centre;
1. Requests that, based on the above mentioned commitments for promoting and supporting the use of Regional Arbitration Centres, the Member States to urge their esteemed Governments and private sector to use the AALCO’s Regional Arbitration Centres for their dispute resolution and in particular to consider in their contracts, the inclusion of the Arbitration Clause of AALCO’s Regional Arbitration Centres; and
2. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/ORG 4 4 JULY 2008
REPORT ON THE CENTRE FOR RESEARCH AND TRAINING
OF THE AALCO
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Report on the Centre for Research and Training (CRT) of the AALCO, contained in Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION/2008/ORG 4,
Having heard with appreciation the introductory remarks of the Deputy Secretary-General,
Recognizing the need and importance of the exchange of information among AALCO, its Member States, the United Nations and its Specialized Agencies, and other International Organizations for improved capacity-building and enhancement of legal expertise in areas of international law,
Bearing in mind the effective role of research and training in promoting the objectives of the Organization,
Also bearing in mind a more proactive role the Centre could play in furthering the mandate of the Organization in making the best use of the new Headquarters Building equipped with modern technology and infrastructure facilities,
Appreciating the efforts of the Secretariat in preparing special studies on matters of common concern and its plan to hold training programmes in cooperation with International Organizations and to ensure financial support to these programmes,
Congratulating the Secretariat on moving into the new Headquarters Building equipped with advanced training facilities and conference rooms,
Welcoming the draft proposal of the Secretariat on training programmes for officials of AALCO Member States, as mandated by the Forty-Fifth Session of AALCO vide RES/45/ORG 4,
1. Requests the Secretariat to maintain, update and improve the technical efficiency of the website for facilitating dissemination of information to the Member States, the United Nations and its Specialized Agencies, and other International Organizations;
2. Also requests the Secretary-General to foster capacity-building of the Centre to carry out further research projects on international law and to organize training programmes for the benefit of the officials of Member States handling international law issues;
3. Urges Member States to furnish relevant information and materials, including the name and address of the focal point with e-mail and URL of the Ministry concerned and officials in charge of AALCO, in order to enhance the activities of the Centre for Research and Training (CRT);
4. Also Urges Member States to make voluntary contributions to the “Research and Training Fund” established vide RES/45/ORG 4 to promote and strengthen Research and Training under the CRT, and to provide a sustainable financial base to the Centre to undertake its mandated activities;
5. Directs the Secretariat to take necessary measures to promote the awareness about the Centre so that the services available in the Centre would be made use of by the public and private sectors in the Member States;
6. Also directs the Secretariat to work towards the realization of its proposal for the training of officials of AALCO Member States;
7. Requests the Member States to provide the Secretariat with specific topics for conducting in-depth research studies;
8. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/ORG 5 A
4 JULY 2008
EXPRESSION OF GRATITUDE TO THE OUTGOING SECRETARY-GENERAL
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Taking note of the completion of tenure of H.E. Ambassador Dr. Wafik Zaher Kamil as the Secretary-General of AALCO;
Acknowledges with appreciation the significant contribution made by H.E. Ambassador Dr. Wafik Zaher Kamil during his tenure as the Secretary-General in enhancing the image, role and activities of the Organization, and in rationalizing its work programme, and the management of its budget, as well as in steering efficiently and effectively the activities of the Organization;
Expresses gratitude to the valuable services rendered by Ambassador Dr. Wafik Zaher Kamil during his tenure of eight years.
RES/47/ORG 5
4 JULY 2008
APPOINTMENT OF THE SECRETARY-GENERAL
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/ORG 5,
Following Article 3 of the Revised Statutes of AALCO and also amended Rule 20(1) of the Statutory Rules,
Taking note of the entire Election process for the Appointment of the Secretary-General,
Noting that the Annual Session took place two months after the end of the tenure of Amb. Dr. Wafik Zaher Kamil as the Secretary-General,
Emphasizing that the Annual Session of the AALCO which has on its agenda the election of the Secretary-General has to be held in advance of the end of the tenure of the outgoing Secretary-General,
1. Confirms the appointment of Professor Dr. Rahmat Mohamad as the Secretary-General of the AALCO for a term of four years;
2. Decides as an exceptional case and without establishing any precedent that the outgoing Secretary-General Amb. Dr. Wafik Zaher Kamil is to take care in the interim, in the capacity of Acting Secretary-General, until the 14th of August 2008, of the smooth transition of the work of the Secretariat to the incoming Secretary-General and for this purpose authorizes him to exercise the functions of the Secretary-General as provided in the Revised Statutes and the Statutory Rules of AALCO during this period;
3. Affirms that Professor Dr. Rahmat Mohamad will assume his functions as the Secretary-General in his full capacity as from the 15th of August, 2008.
RES/47/ORG 6
4 JULY 2008
REPORT ON THE AALCO’s PERMANENT HEADQUARTERS BUILDING
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Report on the AALCO’s Headquarters Building contained in Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/ORG 6,
Having heard with appreciation the introductory remarks of the Secretary-General,
Recalling the decision (Res. No. SS/1997/1) adopted at its Special Session in New Delhi on 14 October 1997, by which the Organization decided that its Permanent Headquarters be located in New Delhi,
Also recalling the Headquarters Agreement signed between the AALCO and the Government of India, on 26 April 2000,
Mindful of the long-cherished desire of the Member States of AALCO to have its Permanent Headquarters,
Deeply appreciating the extraordinary efforts exerted by Amb. Dr. Wafik Zaher Kamil during his tenure as the Secretary-General in coordinating with the Ministry of External Affairs, Government of India and several local authorities for the completion, in the best functional way, of the Headquarters Building,
Expressing its appreciation and thanks to Hon’ble Mr. Anand Sharma, Minister of State in the Ministry of External Affairs, Government of India for inaugurating the Permanent Headquarters of AALCO, on 6th April 2006 which coincided with the Golden Jubilee and the convening of the Forty-Fifth (Headquarters) Session of the AALCO,
Also expressing their appreciation and thanks to Dr. P.S. Rao and Mr. Narinder Singh of the Ministry of External Affairs, Government of India for all their efforts and devotion in coordinating and following up with different local authorities and for their precious help in finalizing this Permanent Headquarters Building,
1. Reiterates its appreciation to the people and Government of India for the Permanent Headquarters Building in the prestigious Diplomatic Enclave of Chanakyapuri, New Delhi;
2. Urges the Member States, to mitigate the heavy burden on the regular budget of AALCO, to make voluntary contributions towards meeting the additional expenditure involved in the maintenance, furnishing, office equipments and other exigencies in the Permanent Headquarters Building,
3. Thanks the people and the Government of the People’s Republic of China for their generous gift offered to the Secretariat in the form of Computers and a special tapestry and the people and the Government of State of Kuwait for gifting a souveneir; and
4. Congratulates the Secretary-General and the Secretariat on moving into the new Headquarters Building in April 2008, which marks a historical event and new beginning in the annals of the Asian African Legal Consultative Organization.
RES/47/S 1 4 JULY 2008
MATTERS RELATING TO THE WORK OF THE INTERNATIONAL LAW COMMISSION (Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/S 1,
Having heard with appreciation the introductory statement of the Deputy Secretary- General,
Having followed with great interest the deliberations on the item reflecting the views of Member States on the work of the International Law Commission (ILC),
Expressing its appreciation on the comprehensive statement made by the Representative of the International Law Commission on its work,
Affirming the significant contribution of the International Law Commission to the progressive development of international law and its codification,
Congratulating the International Law Commission for celebrating this year its Sixtieth Anniversary,
Commending the initiative of the Secretary-General in convening a joint AALCO – ILC meeting in conjunction with AALCO Legal Advisers’ meeting held in New York on 5 November 2007, and the fruitful exchange of views on the items deliberated during that meeting,
1. Urges Member States to communicate their comments and observations regarding issues identified by the International Law Commission on various topics currently on its agenda;
2. Requests the Secretary-General to continue convening such meetings in future;
3. Further requests the Secretary-General to bring to the attention of the International Law Commission at its Sixtieth Session the views expressed on the items on its agenda during the Forty-Seventh Session of the AALCO; and
4. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 2
4 JULY 2008
THE LAW OF THE SEA (Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION /2008/S 2,
Having heard with appreciation the introductory remarks of the Deputy Secretary-General,
Recognizing the universal character of the United Nations Convention on the Law of the Sea 1982 (UNCLOS), and its legal framework governing the issues relating to the management of the oceans,
Mindful of the historical contribution made by the Asian-African Legal Consultative Organization in the elaboration of the UNCLOS,
Conscious that the AALCO has been regularly following the implementation of the UNCLOS and its implementing agreements,
Hopeful that in view of the importance of the law of the sea issues, AALCO would maintain its consideration on the agenda item and continue to perform its historical role on the law of the sea matters,
Taking note of the deliberations at the United Nations Open-ended Informal Consultative Process established by the General Assembly to facilitate annual review of the developments in ocean affairs,
Welcoming the active role being played by the International Tribunal for the Law of the Sea in the peaceful settlement of disputes with regard to ocean related matters,
1. Reaffirms that in accordance with the UNCLOS, the “Area” and its resources are the common heritage of mankind and should be used for the benefit of the mankind as a whole;
2. Urges the full and effective participation of its Member States in the work of the International Seabed Authority and other related bodies established by the United Nations Convention on the Law of the Sea, as well as in the United Nations Informal Consultative Process so as to ensure and safeguard their legitimate interests;
3. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 3
4 JULY 2008
THE STATUS AND TREATMENT OF REFUGEES (Non-deliberated)
The Asian-African Legal Consultative Organization at the Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/HeadQuarters (New Delhi) Session /2008/ S 3,
Taking note, with appreciation, of the comments included in the Report of the Secretary-General,
Realizing the immense human suffering occasioned by the phenomenon of mass population movements resulting from conflict, natural and man-made disasters and war,
Deploring practices of forced displacement in particular ethnic cleansing and their negative consequences for the enjoyment of fundamental human rights by large groups of populations,
Noting with concern that the effects of political instability, internal strife, human rights violations and natural disasters such as drought, have led to increased number of refugees and displaced persons in some countries of Africa,
Recognizing the importance of finding durable solutions to refugee problems and recognizing also, that the search for durable solutions includes the need to address the root causes of movements of refugees and asylum seekers from their countries of origin,
Reaffirming the pivotal role of the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol thereto, in the protection of the rights of refugees, along with the regional instruments that compliment them, notably the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1984 Cartagena Declaration on refugees,
1. Calls upon States and other Parties to armed conflict to observe scrupulously the letter and the spirit of international humanitarian laws bearing in mind that armed conflicts are one of the principal causes of forced displacement in Africa;
2. Urges Member States who have not yet done so to consider ratifying/acceding to the 1951 Convention and the 1967 Protocol and other instruments existing in this area; and
3. Decides to place the item on the Provisional agenda of its Forty-Eighth Session.
RES/47/S 4
4 JULY 2008
THE DEPORTATION OF PALESTINIANS AND OTHER ISRAELI PRACTICES AMONG THEM THE MASSIVE IMMIGRATION AND SETTLEMENT OF JEWS IN ALL OCCUPIED TERRITORIES IN VIOLATION OF INTERNATIONAL LAW PARTICULARLY THE FOURTH GENEVA CONVENTION OF 1949 (Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47TH/ HEADQUARTERS (NEW DELHI) SESSION/2008/S 4,
Having heard with appreciation the introductory remarks of the Secretary-General,
Having followed with great interest the deliberations on the item reflecting the views of Member States,
Being Mindful of the serious obstacles created by the occupying power, which hinder the achievement of a just and lasting peace in the region,
Being aware of the Israeli disengagement from Gaza strip and parts of Northern West Bank,
Welcoming the international and regional initiatives for peace in the Middle East,
Stressing the significance of respecting the democratic choice of the Palestinian people,
Condemning Israel’s acts of violence and use of force against Palestinians, resulting in injury, loss of life and destruction, coercive migration and deportation in violation of human rights and the Fourth Geneva Convention of 1949,
Stressing the need for compliance with existing Israeli – Palestinian agreements concluded in order to reach a final settlement,
Being concerned about the continuing dangerous deterioration of the situation in the Occupied Palestinian Territory, including East Jerusalem, and about the severe consequences of continuous illegal Israeli settlements activities as well as the harsh economic conditions and other consequences for the Palestinians, resulting from the frequent closures and isolation of the occupied Palestinian territories, and about war crimes and crimes against humanity committed in these territories, and calling for the implementation of relevant United Nations resolutions on the dire humanitarian situation of the Palestinian population and the fact finding team,
Welcoming the Advisory Opinion rendered by the International Court of Justice in the case concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, and related General Assembly Resolution (A/RES/ES-10/15 of 20th July 2004), as well as the United Nations initiative of establishment of a Register of Damage arising from the construction of the separation wall,
Being deeply concerned about the tenacity of Israel in proceeding with the construction of wall in the Occupied Palestinian Territory,
Acknowledging with deep concern that the Security Council is still unable to adopt a resolution stipulating the illegality of the Israeli expansionist wall,
Expressing its support to the Arab Peace Initiative for resolving the issue of Palestine and the Middle East, adopted by the 14th Arab Summit held in Beirut (Lebanon) on 28 March 2002 and reaffirmed in the 19th Summit Conference of the League of Arab States, Riyadh, 28-29 March 2007 as well as other peace initiatives, including the Road Map,
Affirming that a comprehensive, just and durable solution can only be achieved by ending the occupation in pursuance of the Charter of the United Nations, existing agreements between the parties and the relevant Security Council and General Assembly resolutions, which will allow all the countries of the region to live in peace, security and harmony;
Taking note of convening of the Annapolis Conference on Palestine on 27 November 2007 and other international and regional events promoting peace in the Middle East,
1. Urges its Member States to take active part in the peace process/efforts exerted by the international community for the achievement of a just and comprehensive solution of the question of Palestine on the basis of relevant Security Council resolutions, including 242 (1967), 338 (1973), 425 (1978) and 1397(2002); and relevant General Assembly Resolutions, including 194 (1949) on the formula of “land for peace” and the legitimate rights of the Palestinian people, and expressing solidarity with the Palestinian people and their elected leadership;
2. Strongly condemns the extra judicial, summary or arbitrary execution of the Palestinian leaders and reiterates the conviction that targeted assassinations as well as act of violence against civilians will only lead to escalating violence in the region;
3. Demands that Israel, the Occupying Power, comply fully with the provisions and principles of the Charter of the United Nations, Universal Declaration of Human Rights, the Regulations annexed to the Hague Convention of 1907 and the Geneva Conventions in particular the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, in order to protect the rights of Palestinians;
4. Also Demands that Israel comply with its legal obligations as mentioned in the Advisory Opinion rendered by the International Court of Justice in the case concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, and related General Assembly Resolution (A/RES/ES-10/15 of 20th July 2004);
5. Strongly demands that Israel stops and reverses the construction of the wall in the Occupied Palestinian territory;
6. Further demands for an immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction of property and calls for the immediate and full withdrawal of Israeli (occupying) forces from Palestinian territories in implementation of Security Council Resolutions, including 1402 (2002), 1403 (2002), 1515 (2003), and 1544 (2004) as a first step for ending the Israeli occupation of Palestinian land occupied since 1967;
7. Calls upon Israel to ensure the return of refugees and displaced Palestinians to their homes and the restoration to them of their properties, in compliance with the relevant UN resolutions;
8. Directs the Secretariat to closely follow up the developments in occupied territories from the view point of relevant legal aspects; and
9. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 5
4 JULY 2008
LEGAL PROTECTION OF MIGRANT WORKERS (Non-deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered Secretariat Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/S 5,
Taking note, with appreciation, of the comments included in the Report of the Secretary-General,
Recalling the directive given to the Secretariat at its Fortieth Session by its Resolution 40/SP.1 to consider the drafting of a Model Agreement for Co-operation among Member States on issues related to Migrant workers.
Appreciating the efforts of the Secretariat in the preparation of the Revised Draft Model Regional Co-operation Agreement between States of Origin and States of Destination/Employment within AALCO Member States in collaboration with the International Organization for Migration (IOM),
Considering the significance of the High Level Dialogue on Migration and Development organized by the UN General Assembly in September 2006,
Aware of the problems faced by sending, transitory and receiving States concerning Migrant Workers in particular and Migration in General,
Recognizing that trafficking in persons and smuggling of migrants continue to pose a serious challenge to humanity and require a concerted international response,
Encouraging all Member States to devise, enforce and strengthen effective measures to prevent, combat, and eliminate all forms of trafficking in persons and to protect the victims of trafficking in particular women and children subjected to forced labour or sexual abuse or commercial exploitation and violence,
1. Requests the Member States to promote and protect effectively the human rights and fundamental freedoms of all migrant workers regardless of their immigration status especially those of women and children in conformity with the international legal instruments to which they are a party;
2. Requests further that States which have not yet done so to enact domestic legislation and to take further effective measures to combat and prosecute international trafficking in persons and smuggling of migrants;
3. Reaffirms the right of Governments to enforce their migration laws consistent with their international legal obligations in general and international human rights law in particular; and
4. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 6
4 JULY 2008
EXTRATERRITORIAL APPLICATION OF NATIONAL LEGISLATION: SANCTIONS IMPOSED AGAINST THIRD PARTIES (Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/S 6,
Having heard with appreciation the introductory statement of the Deputy Secretary-General,
Recognizing the significance, complexity and implications of the above subject,
Expressing its concern that the imposition of unilateral sanctions on third parties is not in conformity with the Charter of the United Nations and the general principles of international law, particularly non-interference in internal affairs, sovereign equality, freedom of trade, peaceful settlement of disputes and right to development,
Also expressing its deepest concern as regards the imposition against the AALCO Member States with additional and new series of sanctions against Myanmar, Islamic Republic of Iran, Syrian Arab Republic and the Republic of Sudan by the United States of America,
Being aware that extraterritorial application of national legislation in an increasingly interdependent world retards the progress of the Sanctioned State and impedes the establishment of an equitable, multilateral, non-discriminatory rule-based trading regime,
Reaffirming the importance of adherence to the rules of international law in international relations,
1. Directs the Secretariat to continue to study legal implications related to the Extraterritorial Application of National Legislation: Sanctions Imposed against Third Parties and the executive orders imposing sanctions against target States;
2. Urges Member States to provide relevant information and materials to the Secretariat relating to national legislation and related information on this subject; and
3. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 7
4 JULY 2008
INTERNATIONAL TERRORISM
(Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION /2008/S 7,
Having heard with appreciation the introductory statement of the Deputy Secretary-General,
Appreciating the contribution of the UNODC representative in the deliberations of this item,
Having followed with great interest the deliberations on the subject item reflecting the views of Member States,
Recalling the relevant resolutions of the United Nations General Assembly and the Security Council relating to measures to eliminate international terrorism and the efforts to prevent, combat and eliminate terrorism through the elaboration of and adherence to international and regional conventions,
Taking note of the ongoing negotiations in the Ad Hoc Committee established by the General Assembly of the United Nations by its resolution 51/210 of 17 December 1996 to elaborate a Comprehensive Convention on International Terrorism based on the draft proposal made by the Republic of India,
Expressing grave concern about the worldwide increase in acts of terrorism, which threaten the life and security of innocent people and impede the economic development of the concerned States,
Recognizing the need for the international community to collectively combat terrorism in all its forms and manifestations,
Reaffirming that international effort to eliminate terrorism must be strengthened taking into account international human rights law, international humanitarian law, and refugee law where appropriate,
Calling for an early conclusion and the adoption of a comprehensive convention on international terrorism by expediting the elaboration of the definition of terrorism,
1. Urges the Member States to consider ratifying/acceding to the existing international counter terrorism conventions;
2. Also Urges the Member States to participate in the work of the above mentioned Ad Hoc Committee on International Terrorism;
3. Directs the Secretariat to monitor and report on progress in the Ad Hoc Committee of negotiations related to the draft Comprehensive Convention on International Terrorism;
4. Also Directs the Secretariat to collect national legislations enacted by Member States to combat terrorism to facilitate exchange of information among Member States;
5. Requests the Secretary-General to coordinate with concerned Organizations on the sharing of experiences and practices in countering terrorism also in addressing the causes conducive to the spread of terrorism;
6. Also Requests the Secretary-General to explore the possibility of holding a workshop in co-operation with UNODC to deal with the legal aspects of Countering Terrorism;
7. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 8
4 JULY 2008
ESTABLISHING COOPERATION AGAINST TRAFFICKING IN
WOMEN AND CHILDREN
(Non-Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh session,
Having considered the Secretariat Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION/2008/S 8,
Being mindful about the increasing number of women and children from Asian-African region being trafficked and exploited,
Convinced of the need to eliminate all forms of human trafficking and sexual exploitation, which represent flagrant violations of the rights of the women and children and are incompatible with the dignity and worth of the human person,
Recalling the overlapping nature of migration and trafficking issues,
Being conscious of the urgent need to adopt effective national, regional and international measures to protect women and children from this menace,
Being aware of the similar initiatives of the Model Legislation undertaken at other regional fora like the Bali Process and the South Asian Association for Regional Cooperation (SAARC),
Acknowledging with appreciation that several Member States have submitted to the AALCO Secretariat their national legislations and other relevant information related to the topic, and urges others to do so;
Taking note with appreciation the on-going work on Model Legislation by the Secretariat,
1. Encourages the Member States to consider becoming parties to the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;
2. Directs the Secretariat to monitor and report on the developments in this regard, including the work undertaken by other fora,
3. Also requests the Secretariat to follow and coordinate with similar initiatives in providing a Model Legislation; and
4. Decides to place this item on the provisional agenda of the Forty-Eighth Session.
RES/47/S 9
4 JULY 2008
THE INTERNATIONAL CRIMINAL COURT: RECENT DEVELOPMENTS
(Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/HEADQUARTERS (NEWDELHI) SESSION/2008/S 9,
Having heard with appreciation the introductory statement of the Deputy Secretary-General,
Having followed with great interest the deliberations on the item reflecting the views of the Member States,
Taking note of the deliberations and decisions of the Sixth Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court,
Also taking note of the progress in cases before the International Criminal Court,
Being aware of the importance of the universal acceptance of the Rome Statute of the International Criminal Court,
Welcoming the Memorandum of Understanding signed between the Asian-African Legal Consultative Organization and the International Criminal Court on 5th February 2008,
1. Encourages the Member States to consider ratifying/acceding to the Rome Statute;
2. Also encourages the Member States that have ratified the Rome Statute to consider becoming Parties to the Agreement on the Privileges and Immunities of the ICC;
3. Urges the Member States to actively participate in the work of the Seventh Session of the Assembly of States Parties and in the on-going deliberations in the Special Working Group on the Crime of Aggression;
4. Directs the Secretariat to follow-up the deliberations in the Special Working Group on the Crime of Aggression with a view to expediting the elaboration of the definition of the ‘Crime of Aggression’, and the conditions under which the ICC can exercise its jurisdiction with regard to this crime;
5. Also Directs the Secretariat to follow-up the deliberations in the Seventh Session of the Assembly of the States Parties and its subsequent meetings especially in the Special Working Group on the Crime of Aggression, and follow-up the developments regarding cases taken up by the International Criminal Court, and present a report at its Forty-Eighth Session;
6. Requests the Secretary General to explore the feasibility of convening an inter- Sessional meeting, inter alia, for promotion of human rights in the backdrop of the Rome Statute of the International Criminal Court; the implementation of the Rome Statute through national legislative mechanisms; and the ways and means through which the AALCO Member States can contribute to the process of elaboration of the definition of the Crime of Aggression’, and the conditions under which the ICC can exercise its jurisdiction with regard to this crime; and
7. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 10 4 JULY 2008
ENVIRONMENT AND SUSTAINABLE DEVELOPMENT (Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION/2008/S 10,
Having heard with appreciation the introductory remarks of the Deputy Secretary-General,
Reaffirming that environmental protection constitutes an integral part of sustainable development,
Welcoming the adoption of the Johannesburg Declaration on Sustainable Development and the Plan of Implementation at the World Summit on Sustainable Development, held in Johannesburg 2002, and hopes that the Plan of Implementation adopted will be effectively implemented within the specified time frame,
Also welcoming the World Summit 2005 Outcome document adopted by the high level Plenary of the Sixtieth Session of the United Nations General Assembly,
Recalling the Nairobi Resolution on Environmental Law and Sustainable Development adopted by the Forty-Fourth Session of AALCO in 2005,
Also recalling the need to promote and materialize the principle of three “Rs”, i.e., Reduce, Re-use and Recycle, at all levels and the importance of efficient use of scarce natural resources,
Recognising that the entry into force of the Kyoto Protocol will facilitate effective implementation of the United Nations Framework Convention on Climate Change,
Also recognising the importance of the on-going negotiations for an International Agreement on stronger international action on climate change for the period beyond 2012, as laid down by in the Bali Action Plan adopted by the United Nations Climate Change Conference, held at Bali, Republic of Indonesia from 3 to 15 December 2007;
Conscious of the importance of the conservation of biological diversity for evolution and for maintaining life-sustaining systems of the biosphere,
Affirming the importance of the United Nations Convention to Combat Desertification,
1. Directs the Secretariat to continue to follow up the progress in the implementation of the outcome of the Johannesburg Summit as well as the implementation of the United Nations Framework Convention on Climate Change, the Convention on Biological Diversity and the United Nations Convention to Combat Desertification;
2. Also directs the Secretariat to follow the on-going negotiations for an International Agreement on stronger international action on climate change for the period beyond 2012, as laid down in the Bali Action Plan;
3. Requests the Secretary-General to take necessary measures to follow up the Nairobi Resolution on Environmental Law and Sustainable Development; and
4. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 11
4 JULY 2008
AN EFFECTIVE INTERNATIONAL LEGAL INSTRUMENT AGAINST CORRUPTION (Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/HEADQUARTERS (NEW DELHI) SESSION/2008/S 11,
Having heard with appreciation the introductory remarks of the Deputy Secretary-General,
Having followed with great interest the deliberations on the item reflecting the views of Member States,
Recognizing the need to promote and strengthen measures to prevent and combat corruption effectively,
Welcoming the entry into force of the United Nations Convention against Corruption (UNCAC) on 14 December 2005,
1. Appreciates the efforts of the Secretary-General in bringing out two special studies on “Combating Corruption: A Legal Analysis (2005)” and “Rights and Obligations under the United Nations Convention against Corruption (2006)”;
2. Encourages the Member States to ratify/accede to the UN Convention against Corruption 2003;
3. Urges the Member States to submit their national legislations on combating corruption to the AALCO Secretariat and to establish a network among law enforcement agencies;
4. Also Urges the Member States having ratified/acceded to the Convention to actively implement the Convention at the national level;
5. Requests the Secretary-General in consultation with the Member States, subject to the availability of necessary resources, to organize an inter-sessional meeting to facilitate the drafting of a model legislation to implement the UN Convention against Corruption bearing in mind existing model legislation prepared by the UNODC;
6. Directs the Secretariat to monitor the developments and assist Member States in the implementation of the Convention and submit a report at its next Session;
7. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 12
4 JULY 2008
REPORT ON THE WORK OF UNCITRAL AND OTHER INTERNATIONAL ORGANIZATIONS IN THE FIELD OF INTERNATIONAL
TRADE LAW (Non-deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION/2008/S 12,
Taking note, with appreciation, of the comments included in the Report of the Secretary-General,
Being aware of the finalization by the United Nations Commission on International Trade Law of the Legislative Guide on Secured Transactions,
1. Recommends that the Member States utilize the UNCITRAL Legislative Guide on Secured Transactions to assess the economic efficiency of their secured transactions regimes and give favourable consideration to the Guide when revising or adopting legislation relevant to secured transactions;
2. Expresses its satisfaction for AALCO’s continued cooperation with the various international organizations competent in the field of international trade law and hopes that this cooperation will be further enhanced in the future;
3. Urges the Member States to consider adopting, ratifying or acceding to the instruments prepared by the UNCITRAL; and
4. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 13
4 JULY 2008
WTO AS A FRAMEWORK AGREEMENT AND CODE OF CONDUCT FOR WORLD TRADE (Non-Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having Considered the Secretariat Document No. AALCO/47th/ HEAQUARTERS (NEW DELHI) SESSION/2008/S 13,
Taking note, with appreciation, of the comments included in the Report of the Secretary-General,
Recognizing the importance and complexities of issues involved in the WTO Doha Development Agenda,
Taking note, with appreciation, of the full resumption of the Doha Development Round of Negotiations in February 2007,
Hoping that the Doha Development Round of Negotiations would conclude successfully in 2008,
1. Urges the Member States for the successful completion of the negotiations mandated under the Doha Development Agenda, taking fully into consideration the special concerns of developing and least-developed country Members;
2. Directs the Secretariat to continue to monitor and report on the negotiations under the Doha Development Agenda, particularly the outcome of the review process concerning the WTO Dispute Settlement Understanding;
3. Requests the Secretary-General in consultation with Member States, subject to the availability of necessary resources, to organize a seminar/workshop to facilitate the exchange of views by Member States on issues currently under negotiation within the WTO; and
4. Decides to place this item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 14
4 JULY 2008
EXPRESSIONS OF FOLKLORE AND ITS INTERNATIONAL PROTECTION (Non-Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having Considered the Secretariat Document No. AALCO/47th/ HEADQUARTERS (NEW DELHI) SESSION/2008/S 14,
Taking note, with appreciation, of the comments included in the Report of the Secretary-General,
Recognizing the importance of national and international protection of the ‘expressions of folklore’ for the Asian-African countries,
Welcoming the WIPO’s Governing Council initiative in establishing an Intergovernmental Committee (IGC) to discuss the legal, policy and international framework for the protection of expressions of Folklore,
Also welcoming the renewal of the mandate of the IGC by WIPO’s Governing Council in October 2007,
1. Expresses the hope that the WIPO IGC would be able to adopt an international legal and policy framework for the protection of expressions of folklore;
2. Requests the Secretary-General to organize an expert meeting in cooperation with WIPO, to facilitate the exchange of views by Member States on the issues of international protection of expressions of folklore including the Draft Agreement for the Protection of Expressions of Folklore prepared by the International Bureau of WIPO;
3. Encourages the Member States to actively participate in the work of the Thirteenth Session of the WIPO IGC;
4. Directs the Secretary-General to follow up the developments within the WIPO IGC on ‘expressions of folklore’, and to present the views of the AALCO Member States to the IGC; and
5. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
RES/47/S 15
4 JULY 2008
HUMAN RIGHTS IN ISLAM (Non-Deliberated)
The Asian-African Legal Consultative Organization at its Forty-Seventh Session,
Having considered the Secretariat Document No. AALCO/47TH/ HEADQUARTERS (NEW DELHI) SESSION /2008/S 15,
Taking note, with appreciation, of the comments included in the Report of the Secretary-General,
Recognizing the importance of this subject and the initiative of the Kingdom of Saudi Arabia,
Convinced of the need to emphasize the human rights principles enshrined in Islam,
Commends the role of Islam in preserving and protecting human rights and promoting peace and peaceful co-existence,
Recognizing the importance of the role of human rights in Islam for promotion of democratic values, rule of law, tolerance and mutual understanding amongst the international community,
Appreciating the effort of the Government of Malaysia in successfully hosting the Meeting of International Experts on Human Rights in Islam, which was co-organised with the Kingdom of Saudi Arabia and in collaboration with the AALCO Secretariat from 15-19 May 2006 in Kuala Lumpur, which proved to be a platform to examine the Islamic principles of human rights with a view to enhancing international cooperation based on mutual respect, tolerance and understanding,
1. Urges the Member States to forward their views and observations on the item to the Secretariat, in order to facilitate further the preparation of an in-depth study; and
2. Decides to place the item on the provisional agenda of its Forty-Eighth Session.
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