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Report of AALCO’s Forty-Seventh Session: New Delhi (HQ), 2008
SUMMARY RECORD OF THE Headquarters Session of AALCO, under
SIXTH GENERAL MEETING the auspices of the Government of India,
HELD ON FRIDAY, 4TH JULY 2008 in this beautiful city of New Delhi.
AT 5:00 PM Excellency, I thank the Government of
India, on behalf of AALCO, and on my
His Excellency Mr. Narinder Singh, own behalf, for hosting the AALCO
President of the Forty-Seventh Session in premises, in New Delhi, since its
the Chair inception from 1956.
1. The President called the meeting to Your Excellency, India, being one of the
order. He invited the Secretary-General to founding Members has been providing
present the “Message of Thanks to the vision and guidance in the work of the
President of India” on behalf of the Organization. Moreover, the
participating delegations in the Forty- Government of India graciously gifted
Seventh Session of AALCO. the Permanent Headquarters Building to
the AALCO, which was inaugurated on
2. The Secretary-General explained the occasion of its Golden Jubilee in the
that it was customary to send a Message of year 2006. We the Member States and
Thanks, on behalf of the participating the Secretariat of AALCO would like to
delegations in annual AALCO Sessions to express our profound gratitude for this
the Head of the host State. As Forty-Seventh magnanimous gift in the prestigious
Session, was the Headquarters Session, the Chanakyapuri Diplomatic Enclave of
Message of Thanks would be addressed to New Delhi. We are also pleased to
Her Excellency Smt. Pratibha Devisingh bring to the kind attention of Your
Patil, the President of Republic of India. Excellency that the AALCO Secretariat
The text of message reads as under: is settled and functioning from the new
Permanent Headquarters Building
MESSAGE OF THANKS TO HER benefiting from all its facilities.
EXCELLENCY MRS. PRATIBHA
DEVISINGH PATIL, THE PRESIDENT Your Excellency would be pleased to
OF THE REPUBLIC OF INDIA know that a spirit of constructive
dialogue and co-operation amongst
“Excellency, attending delegations marked this
Session, thus enabling us to take crucial
On behalf of all the Delegations of the decisions on the substantive as well as
Member States and Observers attending organizational matters. Amongst other
the Forty-Seventh (2008) Session of the things, the Forty-Seventh Session
Asian-African Legal Consultative appointed His Excellency Professor Dr.
Organization, I would like to extend the Rahmat Mohamad of Malaysia as the
following message as a token of our new Secretary-General of the AALCO.
heartfelt gratitude and respect: Although many factors contributed to
the success of the conference, yet it
“We, the participants in the Forty- would not be an exaggeration to put on
Seventh Session of the Asian-African record that the excellent cooperation
Legal Consultative Organization, would from the Government of India,
like to seize this opportunity to convey contributed significantly towards the
our profound gratitude and respect to excellent achievements of our
Your Excellency and through you to deliberations.
your esteemed Government and the
people of India for holding the
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Report of AALCO’s Forty-Seventh Session: New Delhi (HQ), 2008
Please accept, Excellency, the 6. The next resolution placed for
assurances of our highest respect and consideration was RES/47/S 3 on “The
consideration and may the Almighty Status and Treatment of Refugees”. He
bless all the endeavours of your Great informed that the topic was not discussed at
Country”. the Session. There being no comments the
resolution was adopted unanimously.
3. The text of the Message of Thanks
to Her Excellency Mrs. Pratibha 7. The next resolution placed for
Devisingh Patil the President of the consideration was RES/47/S 5 on “Legal
Republic of India was accepted with Protection for Migrant Workers”. This
applause. The Secretary-General handed topic was also not deliberated at the Session.
over the text to the President. The The Resolution was unanimously adopted
President assured that he would convey the without any comments.
Message of Thanks to the office of the
President of India. 8. The President informed that as
these were the only three resolutions, that
4. The President informed that the were distributed, and it may take some time
Drafting Committee had prepared the to get copies of other resolutions prepared.
Summary Report and Resolutions and the Meanwhile, he had a request from the
copies of the same would be distributed to Delegation of Japan seeking floor.
all the delegations. In addition, the Therefore, he invited the delegate of Japan
Secretariat had prepared the Provisional to make a statement.
Summary Records. He requested the
delegations that, in case they felt that their 9. The Delegate of Japan took the
views had not been accurately reflected, opportunity to share information about the
may give their suggestions in writing to the Asian Society of International Law. He
Secretariat which would carry out the informed that the Asian Society of
necessary amendments. However, he International Law was established in a
reminded the delegations that these were meeting, held in, Singapore, in April 2007.
only Summary Report, in which it was not The Asian Society of International Law was
possible to present all the views for all the an international, non-partisan, non-profit,
issues that delegations might have raised. He non-governmental, organization and its
requested the delegations to keep that fact in members were composed of scholars,
mind while submitting corrections. The lawyers and those who were interested in
President also informed that Verbatim International Law. It was the Asian version
Records would also be published in which of the American Society of International
the full statements of participating Law or the European Society of
delegations would appear. With these International Law. The next meeting would
clarifications, he hoped that they could take place, in Japan, in August 2008. Its
consider Summary Report and Provisional annual membership fee was 30 Singapore
Summary Records as adopted and move Dollars. He requested the interested
forward towards the adoption of resolutions. delegates to check up the website of Asian
Society of International Law. He also
5. The President placed for informed that on 7-8 August 2008, the
consideration RES/47/ S 1 on “Matters Malaysian Chapter of the Asian Society of
Relating to the Work of the International International Law and the Malaysian Society
Law Commission”. As there were no of International Law would jointly organize
comments, the resolution was unanimously a Symposium in Kuala Lumpur for
adopted. inauguration of the Asian Society of
International Law and the theme of the
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Report of AALCO’s Forty-Seventh Session: New Delhi (HQ), 2008
Conference was “The Place of International and His Excellency Mr. Muchemi, President
Obligation in the Domestic Legal Orders of and Vice-President of the Forty-Seventh
State”. The symposium was open to public, Annual Session; third, His Excellency Amb.
including the African colleagues present Wafik Kamil, the outgoing Secretary-
there. He hoped that there would be many General of AALCO for the excellent holding
AALCO colleagues participating in the of the Session. He stated that the delegations
Asian Society of International Law. found the Forty-Seventh Session particularly
stimulating and productive, as regards all the
10. The President thanked the expressly deliberated agenda items. These
representative of Japan for information deliberations, he held bore significant and
about the Asian Society of International important bearing to the international
Law. Thereafter, he invited the Secretary- community, particularly in the Asian and
General to introduce the latest AALCO African regions. They were also very
Yearbook. pleased that the Forty-Seventh Headquarters
Session was held under special
11. The Secretary-General said that he circumstances. The Delegate welcomed the
was honored to release AALCO Yearbook appointment by the Session of Prof. Dr.
- 2007 containing all the activities of Rahmat Mohamad as the new Secretary-
AALCO, including, statements, briefs, and General of the Organization. He noted that
other material, which had been prepared and he was elected by consensus, by
printed during 2007. He informed that the acclamation, after going through two rounds
Yearbook would be delivered to the Member of procedure. The delegate expressed
States through their Embassies in New confidence that the AALCO would continue
Delhi. to play its active and most important role as
a consultative organization in African and
12. The President stated that it was Asian regions. Lastly, he expressed his
customary that at the closing meeting the equally sincere thanks to all the Staff of
venue for the next Annual Session was AALCO and all the supporting Staff and the
decided. As there were no invitations or able interpreters.
offer in that regard from any Member State,
therefore a decision in that regard could not 15. The President thanked the
be taken. He also informed that one Member distinguished representative of Japan for the
State was seriously considering holding the vote of thanks. Thereafter, he invited the
Forty-Eighth Annual Session in its capital. Leader of Delegation of Ghana to propose
As soon as that offer was confirmed the a vote of thanks on behalf of participating
Secretary-General would communicate it to African Member States.
all the Member States.
16. The Leader of Delegation of
13. The President thereafter invited the Ghana said that first and foremost he would
Leader of Delegation of Japan for vote of like to thank the Almighty God for giving
thanks on behalf of the participating Asian them strength to go through deliberations
Member States. and bring them to a very successful end.
Secondly, they would like to thank the
14. The Leader of Delegation of Japan Government of India for hosting them
expressed on behalf of the Leader of all throughout the Session. Thirdly, he thanked
Asian Delegations their most sincere the President and Vice-President and the
gratitude and appreciation to, first, the former Secretary-General and his deputies.
Government of India – the gracious host of He also thanked the Secretary-General
the Forty-Seventh Headquarters Session: elect Prof. Dr. Rahmat Mohamad. He
second, His Excellency Mr. Narinder Singh thanked the Secretariat particularly for
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Report of AALCO’s Forty-Seventh Session: New Delhi (HQ), 2008
putting the various documents, which that AALCO presented a venue and a
enabled the Conference to come to a very vehicle for discussion about legal
successful end. He also thanked the framework for discussion about standards,
Interpreters for their excellent translation. In for dialogue on the contemporary challenge
conclusion, he thanked all those who had that the world was facing today and on
cooperated to bring that Session to a behalf of the United Nations High
successful conclusion. Commissioner for Refugees and all other
International Organizations, she expressed
17. The President thanked the Leader her appreciation for the opportunity
of Delegation of Ghana for his kind words provided to them not only in that week but
to him and his delegation. Thereafter, he they also look forward to the future
invited Dr. Carol Batchelor, the Head of discussions and partnership with AALCO.
the UNHCR Office in New Delhi to She also took the opportunity to congratulate
propose a Vote of Thanks on behalf of the and welcome Prof. Dr. Rahmat Mohamad
Observer delegations. of Malaysia- the new Secretary-General.
She informed that the UNHCR enjoyed a
18. Dr. Carol Batchelor thanked the very helpful and fruitful partnership with the
Government of India, the President and the previous Secretary-General and look
Secretary-General for the successful holding forward to working with him. She also
and conclusion of Forty-Seventh Session. extended congratulations to Prof. Mohamad.
She stated that the UNHCR had the
privilege of having longstanding partnership 19. The President thanked Dr. Carol
with AALCO. She noted that AALCO had Batchelor for her kind words and vote of
similar partnerships with several other UN thanks. As more documents for adoption and
Agencies and other International approval were received, the President took
Organizations, such as the International them for consideration.
Committee of the Red Cross. In this regard,
she referred to the successful holding of 20. The President said that first the
one-day special meeting on International resolution on administrative matters would
Humanitarian Law jointly by the AALCO be taken up.
and ICRC. She emphasized that this was
indicative of the value and importance that 21. The Meeting considered
International Organizations placed on the RES/47/ORG 1 on “Report of the
relationship and partnership with AALCO. Secretary-General on Organizational,
She observed that the World’s Refugee Day Administrative and Financial Matters”.
was celebrated on the 20th of June and on As there were no comments the resolution
that day the High Commissioner announced was unanimously adopted.
the number of refugees globally to be 14
million. The number of internally displaced 22. The next resolution taken up for
persons had also risen to 26 million. She consideration by the Meeting was
said that this represented only small number RES/47/ORG 2 on “AALCO’s Draft
of people who were actually displaced and Budget for the year 2009”. As there were
may be migrating. She stated that the world no comments the resolution was
was presently facing enormous challenges, unanimously adopted.
including rising sea-level and melting
glaciers. In South Asia, she stated with 23. The President then placed for
concern that would lead to tens of millions consideration RES/47/ORG 3 on “Report
of persons being displaced. They would on AALCO’s Regional Centers for
contribute their small part in addressing Arbitration”. There being no comments the
those challenges in the future. She stated resolution was adopted unanimously.
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Report of AALCO’s Forty-Seventh Session: New Delhi (HQ), 2008
24. The next resolution placed for Immigration and Settlement of Jews in all
consideration was RES/47/ORG 4 on Occupied Territories in Violation of
“Report on the Center for Research and International Law Particularly the
Training of the AALCO”. As there were Fourth Geneva Convention of 1949”.
no comments, the resolution was There being no comments the resolution was
unanimously adopted. adopted unanimously.
25. The meeting then considered 30. The meeting thereafter considered
RES/47/ORG 5 on “Appointment of RES/47/S 6 on “Extraterritorial
Secretary-General”. There being no Application of National Legislation:
comments the resolution was adopted Sanctions Imposed against Third
unanimously. He also informed that by that Parties”. As there were no comments the
resolution it was decided that Dr. Kamil resolution was unanimously adopted.
would continue as Acting Secretary-General
until the 14th of August 2008 and that Prof. 31. The President then placed for
Dr. Rahmat Mohamad would take over as consideration RES/47/S 7 on
Secretary-General on 15th of August 2008. “International Terrorism”. There being no
He congratulated the new Secretary-General comments, the resolution was adopted
on his appointment. This was followed by an unanimously.
applause from the floor.
32. The next resolution placed for
26. The next resolution placed for consideration was RES/47/S 8 on
consideration was RES/47/ORG 5A on “Establishing Co-operation against
“Expression of Gratitude to the outgoing Trafficking in Women and Children”.
Secretary-General”. As there were no There being no comments the resolution was
comments, the resolution was unanimously adopted unanimously.
adopted. The President stated that with that
resolution they appreciated the outstanding 33. The President then placed for
contribution made by Amb. Dr. Kamil in consideration RES/47/S 9 on “The
last eight years and expressed their gratitude International Criminal Court: Recent
to him. This was followed by applause from Developments”. As there were no
the floor. comments the resolution was unanimously
adopted.
27. Thereafter the meeting considered
RES/47/ORG 6 on “Report on AALCO’s 34. The next resolution placed for
Permanent Headquarters Building”. consideration was RES/47/S 10 on
There being no comments the resolution was “Environment and Sustainable
adopted unanimously. Development”. There being no comments,
the Resolution was adopted unanimously.
28. The meeting thereafter considered
resolutions on substantive agenda items. The 35. The President then placed for
meeting then considered RES/47/S 2 on consideration RES/47/S 11 on “An
“The Law of the Sea”. As there were no Effective International Legal Instrument
comments the resolution was unanimously against Corruption”. There being no
adopted. comments the resolution was unanimously
adopted.
29. The President then placed for
consideration RES/47/S 4 on “The 36. The President then placed for
Deportation of Palestinians and other consideration RES/47/S 12 on “Report on
Israeli Practices among them the Massive the Work of UNCITRAL and other
166
Report of AALCO’s Forty-Seventh Session: New Delhi (HQ), 2008
International Organizations in the field of considered during the meeting. He also
International Trade Law”. There being no thanked the Deputy Secretaries-General for
comments the resolution was unanimously their support and for introducing different
adopted. agenda items. He also thanked the Research
Officers and other Staff of the Secretariat
37. The President then placed for who had exerted all their efforts for
consideration RES/47/S 13 on “WTO as a preparing for the Annual Session and
Framework Agreement and Code of assisted them in their deliberations. He also
Conduct for World Trade” and RES/47/S thanked the staff of the Hotel for the
14 on “Expressions of Folklore and its excellent arrangements they had made for
International Protection”. He informed conduct of their work. In addition, to that he
that these topics were not deliberated. As also thanked the interpreters who by their
there were no comments the resolutions translation made the communication of
were unanimously adopted. delegations intelligible to each other. This
helped them in proceeding with the
38. The next resolution placed for deliberations in the Session. Finally, he
consideration was RES/47/S 15 on “Human thanked all those who were associated with
Rights in Islam”. There being no the preparation of the Annual Session and
comments, the resolution was unanimously once again he congratulated the Secretary-
adopted. General elect and said that they looked
forward to working with him and assured
39. The President then placed for him of their full support and cooperation of
consideration RES/47/SP 1 entitled “New himself and his department in the Ministry
Delhi Resolution on Aspects of of External Affairs and of the entire
International Humanitarian Law”. As Government of India. With these words, the
there were no comments the resolution was President declared the Session closed and
unanimously adopted. wished all delegates safe journey back to
their capitals and bid goodbye to them.
40. The President observed that with
the adoption of these resolutions the task of The Meeting was thereafter adjourned.
adoption of documents was concluded. He
took the opportunity to thank all the
participating delegations of Member States,
Observer States and Observer Delegations
of participating International Organizations
for the excellent support and cooperation
extended to him by all delegations during
the Session. The Session provided them with
an opportunity to hear and consider a
number of important agenda items on which
many delegations had expressed their views.
He hoped that their deliberations would lead
to further convergence of views amongst the
Member States and that would result in
closer cooperation between their
delegations, when these items were
deliberated in UN and other forums. He
thanked the Secretary-General for the
excellent support that he had extended as
well as for the documents that they had
167
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