76 UNGA: Statement by the delegation of Cuba on Item 85 “The rule of law at the national and international levels”. New York, 8 October 2021

Mr. Chairman,

My delegation endorses the statement delivered by the Islamic Republic of Iran on behalf of NAM.

The Government of Cuba reiterates its unavoidable commitment to promote and strengthen a genuine rule of law, which will contribute to change the current unjust international order.

We take note of the report of the Secretary-General on this item, contained in document A/76/235.

We stress that any assistance or mechanism provided by the Organization to a Member State must be under the strict consent of said State.

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 the recognition of the sovereign right of peoples to create legal and democratic institutions in line with their social, socio-political and cultural interests.

We must 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.

We note with concern the scope and expanded capacities given to the Global Focal Point for the Rule of Law, a "mechanism" that has no mandate granted by the Sixth Committee.

The Sixth Committee is the competent forum to analyze, discuss and follow up on the subject of the rule of law and there is no mandate to transfer competence on this subject to other bodies, nor to create institutions, mechanisms and positions, without prior approval of the Sixth Committee, on the basis of consensus.   

Mr. Chairman,

Cuba reiterates that a genuine rule of law begins with a reformed United Nations that is a banner of transparency, democracy and the participation of the entire international community in the solution of pressing global problems.

As part of this reform and as a contribution to promoting and strengthening the rule of law, the central role of the General Assembly, the only organ with universal membership and an exclusive task towards the progressive development and codification of international law, must be consolidated.

Member States must fully respect the functions of the main organs of the Organization, whose balance between their respective functions and powers, in accordance with the Charter, are essential.

We express our commitment to working towards a broad and profound reform of the Security Council in order to turn it into an inclusive, transparent and democratic organ that reflects the genuine interests of the international community, in accordance with the principles and purposes of the Charter of the United Nations.

The Declaration of the High-Level Meeting on the rule of law at the national and international levels, adopted on 24 September 2012, clearly states in paragraph 36 that a genuine rule of law implies democratizing international economic, monetary and financial organizations, so that these serve to the development of the peoples rather than to the permanent enrichment of a few.

Mr. Chairman,

As part of the national efforts to strengthen the rule of law, our country, after the adoption of a new Constitution, is carrying out a legislative process for the implementation of the postulates of our Magna Carta through complementary laws that have been thoroughly discussed and analyzed, which gives them an inestimable value as a democratic exercise. This process will adjust the internal legislative framework to the new circumstances.

Mr. Chairman,

Cuba's efforts to strengthen the rule of law at the national level are deliberately hampered by the US policy aimed at destabilizing and subverting, including through media operations, the socialist rule of law that Cubans have chosen as their own political system.

In this regard, we draw attention again to the tightening of the economic, commercial and financial blockade imposed by the United States against Cuba as part of its policy of pressure and intimidation.

It is the Government of the United States, with these actions, that repeatedly endangers the rule of law at the international level, with its continuous and flagrant violations of international law, especially the Charter of this prestigious Organization.

A genuine rule of law requires the unequivocal waiver of any unilateral action or measure that violates the basic principles of international law.

Cuba condemns and demands the immediate abolition of the whole set of extraterritorial rules that make up the blockade imposed by the Government of the United States for almost 60 years.

Thank you.