Commission on Human Rights
Sixty-First Session
- Item 11: Civil and Political Rights -

by H.E. Ambassador Doru Costea
Permanent representative of Romania
to introduce draft resolution L.45 entitled "Democracy and the rule of law"

Geneva, 19 April 2005

Mr. Chairman,

I have the honour to introduce, on behalf of Romania, Peru, United States and Timor Leste, the draft resolution entitled "Democracy and the rule of law". The draft is supported by co-sponsors from all regional groups. In addition to the countries listed on L. 45, the resolution was also signed by Afghanistan, Australia, Azerbaijan, Bolivia, Columbia, Iceland, Iraq, New Zealand, Niger, Marocco, Mongolia, Rwanda, Switzerland, Ukraine. We are grateful to the co-sponsors for their valuable inputs. We are also grateful to all participants in open-ended consultations for the quality and constructive spirit of their contributions, for their capacity to listen and their readiness to compromise.

We are particularly satisfied of being joined by delegations coming from countries that inspired us the operative paragraph 10.

The draft resolution is a new cross-regional and bridge building initiative on democracy. We are proud of the keen interest displayed by the eighty-three sponsors, and by their readiness to address a new facet in our debate and action on democracy. The focus this year is on the relationship between democracy and the rule of law. Its purpose is to identify the main features of the concept of the rule of law that are essential for the promotion and consolidation of democracy. In the drafting and negotiating exercise, we took into consideration conclusions resulted from the recent expert seminar on democracy and the rule of law.

The hard core of the draft resolution is contained in operative paragraph 14, which was so structured as to systematize clearly the three pillars of strengthening of the rule of law:

  • upholding the separation of powers;
  • guaranteeing that no individual or public or private institution is above the law;
  • strengthening the equal protection under the law.

Like last year, we had a good understanding by the co-sponsors of our intentions as to the format of the draft:

  • focussing on added value;
  • trying to minimizing repetition of paragraphs previously adopted;
  • keeping the preamble part reduced to one single paragraph.

We believe that streamlining the thematic resolutions, without affecting the substance is possible.

We would kindly invite you to consider the draft resolution on its own merits, in view of its constructive and entirely positive drive. The sponsors hope that L.45 will be adopted by a broad majority and in the form presented.

Thank you, Mr. Chairman.

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