The Preamble of the United ... examples of legal literature. ... “A STRONGER UNITED NATIONS FOR A BETTER AND SAFER WORLD”

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“A STRONGER UNITED NATIONS FOR A BETTER AND SAFER WORLD”
ORATION
By Professor David Joseph Attard
The Preamble of the United Nations Charter is one of the most inspiring and forceful
examples of legal literature. In it the peoples of the world boldly proclaimed their
determination: to save succeeding generations from the scourge of war which has brought
untold sorrow to mankind; to reaffirm faith in human rights and the dignity of the human
person; to maintain the respect of international law; and to promote social progress and
better standards of life.
It is appropriate – I feel – to recall this determination
at the very outset of this oration as it epitomizes Mr. Ban Ki-moon‟s service to the
community of nations in his capacity as the eighth Secretary-General of the United
Nations Organization. In his manifesto on priorities as Secretary-General, he pertinently
declared:
“the spirit and vision that infused world leaders in 1945 inspire me every day…
the promise and values of those early years in the United Nations history are as
relevant today in our considerably more complex and interdependent world as
they were over 60 years ago”.
In the 27 months that he has held the position of Secretary-General, Mr. Ban Ki-moon
has shown a determined resolve to ensure “a stronger United Nations for a better world”.
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Under his leadership, the United Nations has made great admirable progress particularly
with respect to tackling the global concerns of our time. Furthermore, he has shown an
exceptional sensitivity to the interests and welfare of small and vulnerable States.
It is indeed remarkable that Mr. Ban Ki-moon has registered considerable success in the
relatively short period he has occupied what Mr. Trygve Lie (the first Secretary-General)
described as “the most impossible job in the world”. As the Chief Administrative Officer
of the United Nations Organization and the “guardian” of its Charter, the magnitude of
his task is enormous. The Office of the Secretary-General lacks the traditional levers of
power, and is answerable to an Organization composed of Member States which have as
their main concern the protection of their – often conflicting - national interests.
Nevertheless, the Secretary-General can still wield real influence through the use of
moral suasion and the authority of his Office. It is therefore not surprising that many
commentators refer to the importance of the personal qualities and skills of the holder of
the Office. Some have argued that the full powers of the Secretary-General depend
ultimately on his personality. In this respect, the appointment of Mr. Ban Ki-moon as
Secretary-General, on the 13 October 2006, was most commendable for amongst his
excellent qualities and skills he combines professional excellence with a vast diplomatic
experience.
After reading international relations at the Seoul National University, Mr. Ban Ki-moon
earned a masters degree in public administration from the Kennedy School of
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Government at Harvard University. In 1970, he joined the Ministry of Foreign Affairs
and Trade. His career with the Ministry included postings in New Delhi, Washington
D.C. and Vienna. He was also appointed to important national positions, including that
of Foreign Policy Adviser to the President, Chief National Security Adviser to the
President, Deputy Minister for Policy Planning, and Director-General of American
Affairs. In 2004, he was appointed Minister of Foreign Affairs and Trade.
Mr. Ban Ki-moon‟s relationship with the United Nations dates back to 1975 when he
worked in his Foreign Ministry's United Nations Division. Over the years, he undertook
considerable assignments which further developed his understanding of the
Organization‟s work. He served as First Secretary at the Republic of Korea's Permanent
Mission to the United Nations in New York, then as Director of the United Nations
Division at the Ministry's headquarters in Seoul and later as Ambassador to Vienna. In
1999, he served as Chairman of the Preparatory Commission for the Comprehensive
Nuclear Test Ban Treaty Organization. During the Republic of Korea's presidency of the
General Assembly in 2001-2002, Mr. Ban Ki-moon, in his capacity as Chef de Cabinet,
facilitated the prompt adoption of a resolution condemning the terrorist attacks of 11
September, and undertook a number of initiatives aimed at strengthening the Assembly's
functioning thereby helping to move a shocked Session from confusion into one in which
fruitful reforms were agreed to.
Upon his appointment as Secretary-General, Mr. Ban Ki-moon prudently set six
“priorities for action” which are designed to strengthen the role of the United Nations in
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improving the welfare of present and future generations of humankind. They represent a
wise, contemporary and realistic strategy designed to attain a more just, equitable and
safer global order. The first priority is the promotion of Peace and Security. Through his
efforts the United Nations is striving to contribute to the fullest extent in conflict
prevention, peacemaking, peacekeeping and peace building. The second priority for
action – which is closely related to the first - is to achieve a reduction in the proliferation
of nuclear and other weapons. The third priority relates to improving the condition of the
world‟s poor and hungry. We sadly live in a world where about 1 billion people still live
on less than one dollar a day. Significantly in the aftermath of the G20 Summit on the
Global Economic Crisis, which took place in London on 2 April 2009, the SecretaryGeneral pertinently declared “I am pleased that G20 leaders have committed themselves
to a $1.1 trillion package. But it will be critical that the share of this going to the poorer
countries is delivered”. The fourth priority deals with the further implementation of the
Universal Declaration of Human Rights. Through his efforts, the United Nations now
offers more timely action when human beings face genocide, ethnic cleansing, or crimes
against humanity. The fifth priority relates to the United Nations reform to make it more
effective and transparent. He is striving to ensure that the Organization adopts the highest
standards of ethics, integrity and accountability. Finally, and more significantly from the
point of view of today‟s Ceremony, the sixth priority is the need to achieve more decisive
global action against climate change. He has declared that all nations must take firm
steps to become carbon-neutral.
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In tackling these priorities, the Secretary-General practises effective “quiet diplomacy”.
He travels frequently to the world‟s conflict zones, demonstrating personal commitment
and exhorting the powerful not to forget the weak, the hungry, the victims of massive
human rights violations, and the need to protect the planet‟s environment in the interest
of present and future generations.
The conferment of today‟s honour on such a distinguished and eminent personality
reflects the commitment of Malta, and its University, to the work and objective of the
United Nations and its Secretary-General. Malta‟s application for United Nations
membership was submitted only eight days after attaining Independence on the 21
September 1964. The haste to join reflected the belief of Dr. Giorgio Borg Olivier – the
father of Independence – that United Nations membership represented “the ultimate
guarantor of our survival”.
On the 30 October 1964, the United Nations Security Council adopted unanimously
Resolution Number 196 (1964) recommending Malta‟s application to the United Nations
General Assembly which subsequently approved it at its 1286th Plenary Meeting. On the
21 December 1964 the Prime Minister of Malta declared to the United Nations:
“the gesture of this Assembly has now set a permanent and indestructible seal on
the sovereignty of Malta.
Without admission to the community of nations
represented by this Organization, Independence would lose much of its meaning.
Malta now takes its proper place among the free nations, determined to offer its
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modest contribution towards peace and prosperity in the world by co-operating
whole heartedly to the best of its ability in the work of this Organization.”
It may not be an exaggeration to state that Malta has, throughout the years, honoured the
Prime Minister‟s 1964 commitment. Despite its size, Malta has, in my view, made
several contributions to the work of the United Nations, a number of which were either
inspired or nurtured by at least four former Presidents of Malta. I shall recall the most
significant. It is noteworthy that in 1964 Malta offered to provide the services of our
University at the disposal of the United Nations in an effort to foster international cooperation and dialogue. Our Alma Mater – was at the time – in the midst of historic
change. It was moving from this site in Valletta to the new splendid campus at TalQroqq, Msida. Dr. Giorgio Borg Olivier proudly declared to the United Nations General
Assembly:
“We feel our University, three hundred years old and soon to be housed in a new
building, can also make a valid contribution in the field of cultural exchanges,
which are so effective in cementing friendship and consolidating peace.”
The role of the University in promoting international dialogue was thereafter enhanced.
It established the International Ocean Institute, and convened the Pacem in Maribus
Conferences, the deliberations of which had a formative effect on the work of the Third
United Nations Conference on the Law of the Sea. In 1990 – with the support of
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President Emeritus Ugo Mifsud Bonnici, then Minister of Education - the University set
up the Mediterranean Academy of Diplomatic Studies.
In 1967, the Government of Malta proposed to the General Assembly a reform of the law
of the sea based on two seminal ideas: first that the resources of the deep sea-bed
constitute the common heritage of mankind; and second that all aspects of ocean space
are inter-related and should be treated as a whole. This initiative led to the adoption of
the 1982 United Nations Convention on the Law of the Sea. Malta‟s commitment in this
area is reflected in the establishment of the IMO International Maritime Law Institute in
1988.
In 1969, the Maltese Government – on the advice of President Emeritus Vincent Tabone,
then Foreign Minister - raised the question of aging at the General Assembly. Malta‟s
commitment to the issue led to the adoption of an agreement between the United Nations
and Malta establishing in 1988 in Valletta the Institute of Aging which was inaugurated
by the then Secretary-General of the United Nations Mr. Javier Perez de Cuellar.
In 1990, President Emeritus Guido De Marco, then Foreign Minister, was elected
President of the United Nations General Assembly. Under his leadership, an open-ended
committee was established to discuss the revitalization of the United Nations, and
innovative proposals to reform the Trusteeship Council were made. Significantly, Malta
was an active member of the United Nations Security Council between 1983 and 1984.
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The final contribution, I wish to highlight, refers to the issue of climate change, which
intimately links Malta, and its University, with the efforts of the Secretary-General in
combating this problem and which he has described as “the great moral imperative of our
era”.
In his address to a high level event on climate change for world leaders held in New York
on 24 September 2007, the Secretary-General generously recalled:
“Two decades ago, here in this hall, climate change first surfaced in the world‟s
political agenda. The subject, proposed by the island nation of Malta, remains as
evocative today as it did then – the protection of global climate for present and
future generations of mankind”.
Indeed on the 9 September 1988, the Maltese Government – under the guidance of
President Emeritus Edward Fenech Adami, then Prime Minister - requested the
Secretary-General to include an item on the Agenda of the 43 rd Session of the United
Nations General Assembly entitled “Conservation of Climate as part of the common
Heritage of Mankind.” This request led to the unanimously adopted General Assembly
Resolution 43/45 (6 December 1988) which confirmed the Maltese-inspired principle that
climate change should be regarded as the common concern of humankind.
Remarkably, this Resolution set out the constitutive elements of a global strategy – which
the Maltese Government had proposed – to ensure the effective protection of the global
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climate. These elements were divided into three broad categories: (a) institutional, (b)
scientific, and (c) legal.
Malta‟s initiative was vindicated by the work of the
Intergovernmental Panel on Climate Change which in 2007 was awarded the Nobel Prize.
Malta was the first co-Chairman of the Panel‟s Legal Committee which worked out the
first legal elements of a future Climate Change Convention. In fact it is reasonable to
assert that the 1988 Maltese initiative culminated in the adoption in 1992 of the United
Nations Framework Convention on Climate Change and its 1997 Kyoto Protocol.
Much has happened since the Maltese initiative; however the fundamental challenge, as
confirmed by the Intergovernmental Panel on Climate Change, remains ever-present and
indeed has become one of the greatest threats facing humankind. Small Island States,
such as ours, are especially vulnerable to the negative effects of climate change. The
future of our planet lies in the response strategies the world community will implement.
Failure is not an option for it would impose on present and future generations immense
burdens and suffering. Under the leadership of Secretary-General Ban Ki-moon, climate
change has moved to the top of the international agenda. By making climate change one
of his „priorities for action‟, he has enhanced the possibility of success. The SecretaryGeneral has stated that slowing and even reversing the effects of climate change “is the
defining challenge of our age”.
Through his positive and sustained approach, he
continues to inspire and encourage much needed international action:
“We can transform a necessity into virtue. We can pursue new and improved
ways to produce, consume and discard.
We can promote environmentally
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friendly industries that spur development and job creation even as they reduce
emissions. We can usher in a new era of global partnership, one that helps lift all
boats on the rising tide of climate-friendly development.”
The Secretary-General – through his work – has become an important bearer of hope for
the unfortunate and persecuted, in the contemporary efforts to create a more just and
equitable order.
He has come to symbolize the global conscience, encouraging
humankind to articulate effective response strategies to the problems of climate change.
Our University is grateful for the Secretary-General‟s efforts to secure a stronger United
Nations for a better and safer world; today‟s honour is a reflection of its appreciation.
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