Strengthening of the rule of law.

1993/50. Strengthening of the rule of law

The Commission on Human Rights, Recalling that the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all, without any distinction, is one of the purposes of the United Nations, Recalling also that, by adopting the Universal Declaration of Human Rights, Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Firmly convinced that, as stressed in the Universal Declaration of Human Rights, the rule of law is an essential factor in the protection of human rights, Convinced also that through national legal and judicial systems States must provide appropriate civil, criminal and administrative remedies for violations of human rights, Considering that the rule of law contributes to the proper maintenance of law and order and the legal development of social relations and provides a means of ensuring that the State does not exercise its powers in an arbitrary way, Considering also that under the provisions of the Universal Declaration of Human Rights everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized, Mindful of the significant role played by different national institutions in ensuring respect for and observance of human rights and fundamental freedoms, as stressed in many of its previous resolutions, most recently in resolution 1992/54 of 3 March 1992, Bearing in mind the various resolutions adopted on the programme of advisory services in the field of human rights, most recently its resolution 1992/80 of 5 March 1992, and the need to strengthen that programme and to make it more effective, Recognizing that, particularly in developing countries which are fully committed to human rights and may face difficulties in this area, the United Nations system should contribute with technical, material and financial resources to assist those Governments that so request to develop and strengthen the rule of law with a view to ensuring respect for human rights and fundamental freedoms, Recognizing the need for the United Nations to equip itself with the mechanisms required for making a more positive and significant contribution to strengthening the rule of law in countries engaged in such efforts, Noting that the objectives of the World Conference on Human Rights, as set forth in General Assembly resolution 45/155 of 18 December 1990, include the identification of obstacles to further progress in the field of human rights, and ways and means by which they can be overcome, as well as the examination of the relationship between development and the enjoyment by everyone of economic, social and cultural rights as well as civil and political rights, and noting also that, in that context, the question of the strengthening of the rule of law merits particular attention, Noting also the approval by the General Assembly in its resolution 47/122 of 18 December 1992 of the provisional agenda for the World Conference, Taking note of paragraph 28 of the San José Declaration on Human Rights adopted on 22 January 1993 by the Regional Meeting for Latin America and the Caribbean of the World Conference on Human Rights (A/CONF.157/LACRM/15A/CONF.157/PC/58, chap. I), Considering that the question of the final outcome of the World Conference is to be taken up by the Preparatory Committee at its fourth session, to be held at Geneva from 19 to 30 April 1993, Recalling its resolution 1992/51 of 3 March 1992,

1. Reiterates the need to consider ways and means by which the United Nations system can make a more positive and significant contribution to the development and strengthening, by Member States, of the rule of law, as an essential factor in the promotion and protection of human rights and fundamental freedoms, inter alia through the establishment of mechanisms that can contribute with substantial technical and financial assistance to operational human rights-related projects in areas such as law enforcement, the administration of justice and others;

2. Requests the Secretary-General of the World Conference on Human Rights to bring the present resolution to the attention of the Preparatory Committee at its fourth session;

3. Decides to consider the question at its fiftieth session under the agenda sub-item entitled "Alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms".

63rd meeting
9 March 1993
[Adopted without a vote. See chap. XI.]