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					                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

   SUMMARY REPORT OF THE                                   (ILC), International Tribunal for the
     FORTY-SIXTH SESSION                                   Law     of    the    Sea    (ITLOS),
             OF THE                                        Organization of Islamic Conference
    ASIAN-AFRICAN LEGAL                                    (OIC), United Nations Office for
 CONSULTATIVE ORGANIZATION                                 Drugs and Crime (UNODC), United
        2 – 6 JULY 2007                                    Nations High Commissioner for
         CAPE TOWN                                         Refugees (UNHCR) and United
  REPUBLIC OF SOUTH AFRICA                                 Nations Environment Programme
1.    Introduction
                                                     2.    Inaugural Session
1.1   The following 30 Member States
      participated in the Forty-Sixth                2.1   The Session commenced on 2nd July
      Session of the Asian-African Legal                   2007 with the President of the Forty-
      Consultative            Organization                 Fifth Session of AALCO His
      (hereinafter "the Session"): Arab                    Excellency Mr. Narinder Singh
                                                           calling the Forty-Sixth Session of
      Republic of Egypt, Bangladesh,
                                                           AALCO to order.
      Brunei      Darussalam,      People's
      Republic of China, Cyprus, India,              2.2   His Excellency Amb. Dr. Wafik
      Republic of Indonesia, Islamic                       Zaher Kamil, Secretary-General of
      Republic of Iran, Japan, Republic of                 the        Asian-African         Legal
      Cameroon, Republic of Kenya,                         Consultative           Organization
      Republic of Korea, State of Kuwait,                  (AALCO)        welcomed      all   the
      Malaysia, Nepal, Federal Republic of                 delegates to the Session and thanked
      Nigeria, Sultanate of Oman, Pakistan,                His Excellency Mr. Thabo Mbeki, the
      State of Qatar, Kingdom of Saudi                     President, the Government and the
      Arabia, Senegal, Singapore, Republic                 people of the Republic of South
      of South Africa, Republic of Yemen,                  Africa for convening the Forty-Sixth
      Sri Lanka, Sudan, Syrian Arab                        Session of AALCO. He stated that
      Republic, United Republic of                         the commitment of the Republic of
      Tanzania, Thailand, Uganda and                       South Africa to ideals and objectives
      United Arab Emirates.                                of AALCO was reflected from the
1.2   The following Regional Arbitration                   fact that despite joining the
      Centres of AALCO were also                           Organization in 2004, it readily
      present: Kuala Lumpur Regional                       agreed to convene the Forty-Sixth
      Centre for Arbitration and Tehran                    Annual Session at a very short notice.
      Regional Arbitration Centre.                         This amply demonstrated the spirit of
                                                           perpetual optimism and “can-do”
1.3   In accordance with Rule 18 of the                    attitude of the South African people.
      present Statutory Rules of the Asian-                Amb. Kamil highlighted that
      African       Legal      Consultative                AALCO as an Organization had
      Organization, the following observers                come to stay on the international
      were admitted to the Session:                        horizon and to strengthen its bases in
      (i) Representatives of the following                 the African continent was one of the
      non-Member States: Brazil, Greece,                   remaining tasks before it. With the
      Holy See, Lesotho, Morocco, Russian                  support of the South African
      Federation and Swaziland.                            Government, he was confident it
      (ii) Representatives of the following                would be possible to bring in more
      regional,     inter-regional      and                Members from the African continent
      international           organizations,               into the AALCO family.
      specialized agencies and subsidiary
                                                     2.3   Hon’ble Mr. Narinder Singh, Joint
      bodies: Commonwealth Secretariat,
      International   Law      Commission                  Secretary and Legal Adviser to the

                                Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      Ministry of External Affairs and                  Africa to host the Forty-Sixth Session
      the President of the Forty-fifth                  of AALCO. It was momentous
      Session, in his statement highlighted             because their country could be
      some of the important events that                 classified as an emerging democracy
      took place during the course of his               and was hard at work building
      Presidency of the Organization. It                democratic institutions addressing the
      included the inauguration of the                  challenges of poverty, disease and
      Permanent Headquarters Building of                lack of skills. South Africa, like many
      the Organization in conjunction with              African and Asian countries, faced
      the Forty-Fifth Golden Jubilee                    similar       socio-economic        and
      Session of Organization in New                    development challenges in an
      Delhi on 6th April 2006. Other                    unequal and fast globalizing world
      important activities included the                 order and they had a common
      convening of the Meeting of                       destiny.
      International Experts on Human                    The Minister observed that AALCO
      Rights in Islam, from 15-19 May                   had held together the spirit of
      2006, in Kuala Lumpur Malaysia;                   Bandung in the field of international
      AALCO-ILC Joint Meeting and                       law and as a forum for Afro-Asian
      Meeting of AALCO Legal Advisers’                  cooperation in international legal
      at the UN Headquarters in New York                matters and had contributed to
      on 30 October 2006; and the Meeting               substantive reform and promotion of
      of Experts on the Emerging Issues on              international law whilst providing a
      the United Nations Convention on the              vital platform for intellectual
      Law of the Sea, on 24 November                    interaction amongst legal experts
      2006 in New Delhi. Mr. Singh called               from all over the world. She believed
                                                        that greater participation of African
      upon the AALCO to continue to
                                                        States in AALCO was needed and
      consider the item pertaining to the
                                                        more African States should join
      topics on which the International Law             AALCO as they would benefit from
      Commission had submitted its                      interaction    at    the    numerous
      recommendations to the Sixth                      codification conferences that fed into
      Committee of the UN General                       treaty making bodies of the United
      Assembly. In his view, such follow-               Nations Organization.
      up should take place until the
                                                        The Minister underscored that peace,
      culmination of the work on the topic
                                                        stability and development was as
      at the UN General Assembly. In this
                                                        much a challenge today as it was
      regard, he said that the AALCO
                                                        during the early days of the League
      could play an important role in
                                                        of Nations. Today, the international
      coordinating the views of the
                                                        community was seized with new
      Member States on the topic of “State
                                                        challenges such as combating
      Responsibility” on which the ILC had
                                                        terrorism, especially transnational
      submitted Draft Articles to the Sixth
                                                        crime. The new instruments, such as
                                                        the United Nations Convention
2.4   Her Excellency Ms. Brigitte Sylvia                Against Corruption promoted good
      Mabandla, Minister for Justice and                governance and contributed to
      Constitutional        Development,                combating corruption and organized
      Government of the Republic of                     crime. However, in order to make
      South Africa, in her inaugural                    these      instruments      effective
      address stated that it was a                      domestication was not enough. There
      momentous      occasion   for   the               was a need to act decisively against
      Government of the Republic of South               those who committed corruption and

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      were involved in organized crime.                          Member States. He recalled that the
      She also called for eradicating the                        unity forged at the Forty-Fifth
      scourge of trafficking in women and                        Golden Jubilee Session of AALCO in
      children. The Minister added that                          April 2006 contributed to the success.
      indigenous knowledge and folklore                          He expressed his sincere appreciation
      are important in the lives of many                         to the outgoing President. He also
      people in both Africa and Asia.                            thanked all the Honorable Ministers,
      Adding value and protecting of rights                      and Delegations who had come from
      in indigenous knowledge could                              their respective capitals for the Forty-
      economically        benefit     many                       Sixth Annual Session of AALCO.
      indigenous practitioners and crafters
      in Africa and Asia. She was                    3.          First and Second Meetings of the
      particularly pleased that all these                        Delegations of AALCO Member
      topics formed part of the substantive                      States
      agenda of AALCO and would be                   3.1         Agenda:
      thoroughly deliberated during the
      course of Conference. Finally, she                         The following agenda was adopted
      wished the Conference every success            for the Forty-Sixth Session:
      and declared open on behalf of the
                                                            I. Organizational Matters
      President and the Government of the
                                                               1. Consideration and adoption of
      Republic of South Africa the Forty-                      Agenda
      Sixth Session of AALCO.                                  2. Election of the President and the
2.5   Hon’ble Mr. S. Amos Wako,                                Vice-President
      Attorney-General of the Republic                         3. Admission of Observers
      of Kenya and the President of the                        4. Admission of new Members
      Forty-Fourth Session of AALCO                            5. Report of the Secretary-General
      proposed a Vote of Thanks to Her                         on the Work of the AALCO
      Excellency Ms. Brigitte Sylvia                           6. Report on the Work of the
      Mabandla, Minister for Justice and                       AALCO’s Regional Arbitration
      Constitutional Development of the                        Centres
      Republic of South Africa for gracing                     7. Report on the AALCO's Centre
      and inaugurating the Session. He                         for Research and Training (CRT)
      highlighted that the Republic of                         8. Report on the AALCO
      South Africa agreed to convene the                       Headquarters Building
      Session at short notice. The                             9. Venue of the Forty-Seventh
      acceptance by South Africa to host                       Session
      the Session at such short notice was a              II.      Matters under Article 1(d) of the
      record and could be achieved only                            Statutes: Matters relating to the
      because the matter was being handled                         International Law Commission
      personally by Minister Mabandla, a
      person of firm determination who had                         Report on matters relating to the
      fought against apartheid and was                             Work of the International Law
      active in the promotion of human                             Commission at its Fifty-Eighth
      rights.                                                      Session.

      Mr. Wako also took the opportunity                  III.     Matters under Article 1(a) of the
      to thank all the Member States of                            Statutes: Matters Referred to the
                                                                   Organization by Member States
      AALCO who had contributed to the
      successful election of 12 Members of                         1. The Law of the Sea
      the International Law Commission                             2. The Status and Treatment of
      (ILC) by the United Nations General                          Refugees
      Assembly in 2006 from AALCO                                  3. Deportation of Palestinians and
                                                                     other Israeli Practices among

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

          them the Massive Immigration                     Republic of Indonesia as Vice-
          and Settlement of Jews in all                    President of the Forty-Sixth Session.
          occupied Territories in Violation                The proposal of the nomination was
          of International Law particularly                seconded by the Leader of the
          the Fourth Geneva Convention of                  Delegation of Brunei Darussalam,
                                                           and he was unanimously elected.
        4. Establishing Cooperation
        Against Trafficking in Women and             3.3   The President of the Forty-Sixth
        Children                                           Session, Her Excellency Ms.
        5. Human Rights in Islam                           Brigitte Mabandla, Minister for
 IV.    Matters under Article 1(b) of the                  Justice      and       Constitutional
        Statutes: Matters of Common                        Development in her statement after
        Concern having Legal                               election, thanked the outgoing
        Implications                                       President Mr. Narinder Singh for his
        1. The International Criminal                      able leadership during the past year.
        Court: Recent Developments                         The President observed that her
        2. An Effective International Legal                Government, together with other
        Instrument Against Corruption                      African Member States of AALCO,
        3. Expressions of Folklore and its                 would encourage more countries
        International Protection                           from the African continent to join
 V.     International Trade Law Matters                    AALCO. The Organization was not
                                                           only an important professional body,
        WTO as a Frame work Agreement                      but also a platform for friendship and
        and Code of Conduct for the World                  solidarity.
                                                     3.4   Admission of Observers: The
 VI.    Two half day Special Meetings
                                                           Admission of Observers to the
                                                           Session, pursuant to Statutory Rule
        1. International Investment, Trade                 18(1), was unanimously approved.
        and Development
        2. International Cooperation in              3.5   Report of the Secretary-General on
        Countering Terrorism                               the Work of AALCO: The Secretary-
                                                           General in his Report on the work of
 VII. Any Other Matter                                     AALCO, inter alia, highlighted the
                                                           topics on the substantive agenda of
3.2    Election of President and Vice-                     the Organization. He stressed that for
       President: The Leader of Delegation                 the Organization to contribute more
       of the People’s Republic of China                   effectively to international legal
       proposed the nomination of Her                      matters, a strong membership was
       Excellency Ms. Brigitte Sylvia                      essential and looked upon the African
       Mabandla, Minister for Justice and                  continent for more Members. As
       Constitutional Development as                       regards the activities of the
       President of the Forty-Sixth Session.               Organization since the Forty-Fifth
       The nomination was seconded by the                  Session the SG, inter alia, mentioned
                                                           about     presenting    before      the
       Leader of the Delegation of the
                                                           International Law Commission the
       Republic of Kenya, and she was                      crux of the views of AALCO
       unanimously elected. The Leader of                  Member       States    during     their
       the Delegation from Republic of                     deliberations at the Forty-Fifth
       South     Africa     proposed     the               Session; the biennial consideration of
       nomination of Mr. Eddy Pratomo,                     the item pertaining to “Cooperation
       Director General of the Legal                       between United Nations and the
       Affairs and International Treaties,                 Asian-African Legal Consultative
       Ministry of Foreign Affairs,                        Organization” by the United Nations

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      General Assembly in October 2006;                   in the US Dollar rate compared to the
      and the Joint AALCO-ILC Meeting                     Indian Rupee (12%) had negatively
      and AALCO Legal Advisers meeting                    affected the budget as all the receipts
      at the UN Headquarters in New York.                 were in dollars, (iii) As the term of
                                                          the current Secretary-General would
      The Secretary-General outlined his
                                                          end after eight years in 2008, an
      vision regarding making operational
                                                          allocation of US$ 25,000 had been
      the Cooperation Agreements and
                                                          made to meet the expenses related to
      Memorandum of Understanding
                                                          the transfer of belongings and other
      signed with sister Inter-governmental
                                                          expenses of the incoming and
      Organizations by conducting training
                                                          outgoing Secretaries-General. This
      and internship programmes with the
                                                          amount he said would occur once in
      cooperation of these Organizations
                                                          eight years, and from 2009 onwards
      after moving to the Permanent
                                                          he proposed, that a specific sum be
      Headquarters Building. The SG also
                                                          kept aside every year in the form of
      mentioned the various publications
                                                          fixed deposits, so that at the end of
      brought out by the Organization and
                                                          the eighth year the expense would not
      the constant endeavor of the
                                                          be a burden on the 2016 budget. This
      Secretariat in enriching them by
                                                          proposal was suggested to the Liaison
      improving their quality and content.
                                                          Officers, (iv) Increase in expenditure
      Further, the SG thanked the
                                                          due to annual inflation in all prices,
      Government of India for providing
                                                          and (v) The SG highlighted that the
      the Organization with its Permanent
                                                          contributions from Member States
      Headquarters Building and hoped that
                                                          had remained the same for the past 14
      the Secretariat would be able to move
      to the Permanent Headquarters
      Building at the earliest possible date.             Touching upon the arrears problem,
                                                          the SG urged Member States with
3.6   Budget: The Secretary-General
                                                          arrears to make their contributions at
      introduced the Draft Budget for the
                                                          the earliest. In this regard he said that
      year 2008. The SG informed the
                                                          Member States who paid their annual
      Session that it had been discussed at
                                                          contributions and the non-paying
      the 294th Meeting of Liaison Officers
                                                          Members received same services
      of AALCO Member States, held on
                                                          from the Secretariat, and many
      18th June 2007 at the AALCO
                                                          Member States in the former category
      Secretariat in New Delhi. The SG
                                                          had expressed their displeasure as
      stated that as the Organization would
                                                          they felt it was unfair. The SG
      start functioning from the new
                                                          stressed that he personally kept a
      Headquarters Building soon, the draft
                                                          strict control over the expenses and
      budget kept provisions for additional
                                                          had tried his level best to streamline
      expenses related to the maintenance
                                                          the expenses of the Secretariat, and
      of the building, as well as for the
                                                          underlined that he did not request to
      envisaged enhancement in the
                                                          increase contributions during his
      activities, keeping in view the
                                                          mandate. The SG maintained that he
      facilities provided in the new
                                                          wanted to hand over to his successor
      building. The SG underlined that the
                                                          a budget which would help him to
      deficit in the budget was on account
                                                          steer    the      activities   of     the
      of a gap between the income and the
                                                          Organization to greater heights, while
      expenditure, in the figures of 2008
                                                          being aware that his predecessor, out
                                                          of honesty, had to clear enough
      The SG explained that there were                    financial problems of AALCO before
      many reasons for variation between                  the end of his mandate.
      income and expenditure, namely: (i)
                                                          Delegations from the Japan, the
      Non receipt of contributions from 20
                                                          Kingdom of Saudi Arabia, the
      Member States, (ii) A sharp decrease
                                                          Republic of Kenya, Malaysia,

                            Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

Uganda, the United Arab Emirates,                     part of the new building be rented
the Sultanate of Oman, Sudan, the                     out; this could generate additional
Islamic Republic of Iran, Senegal,                    income for AALCO. Another
the Arab Republic of Egypt, the                       delegation suggested that instead of a
State of Kuwait and the Republic                      US Dollar account, a Euro account
of South Africa made statements on                    could be maintained, this step could
the Draft Budget for the year 2008.                   provide a more stable financial base.
All the delegations while appreciating                Yet another delegation stated that
the efforts of the Secretary-General to               research was a very important
place AALCO on a sound financial                      activity of the AALCO and the
position, as well as efforts made to                  budget heads should be prioritized.
streamline the budget, gave further                   Lastly, with relation to the allocated
inputs on streamlining the budget.                    sum of US$ 25,000 for the incoming
Some of these delegations stated that                 and outgoing Secretaries-General, the
the budget should be adopted without                  sentiment expressed was that it was
all these discussions.                                the right of both the Secretaries-
                                                      General to which they were entitled.
The delegate of Japan stated that he
was not agreeable to the 18.7%                        The Chair then noted that the general
increase in the draft budget.                         feeling was to adopt the budget as
However, in the spirit of cooperation                 presented by the Secretary-General
they could agree to a 5% increase                     and expressed that Japan’s comments
compared to the 2007 budget,                          would be reflected in the records of
provided     the     following    two                 the Session. Thereafter, the Budget
conditions were met. Firstly, the                     for the Year 2008 was adopted by
increase in the draft budget for 2008                 acclamation by all the Member States
was exceptional and a one time affair                 of AALCO, except Japan, and
only and secondly, the eventual                       applauded.
deficit be covered from the Reserve
                                                3.7   Signing Ceremony of the Agreement
Fund of the Organization without
                                                      for the Establishment of the
thinking of future increase of the
                                                      Regional Centre for Arbitration in
contribution. However, if the budget
                                                      Nairobi, Republic of Kenya: The
was approved as presented, they
                                                      Secretary-General of AALCO and the
would not associate themselves with
                                                      Attorney-General of the Republic of
this consensus for the draft Budget of
                                                      Kenya signed the Agreement for the
the year 2008. However, other
                                                      Establishment of the Regional Centre
delegations    observed      that   as
                                                      for Arbitration in Nairobi, the third
compared to other international
                                                      such Centre in Africa. This
organizations, the draft budget was
                                                      highlighted the growing importance
very modest and reasonable, bearing
                                                      of these Centres as viable alternatives
in mind that the Secretariat would
                                                      to     the    traditional   arbitration
soon commence working from its
new headquarters building, where
expenses would increase.                              The Attorney-General (AG) noted
                                                      that the need to setup a regional
The major problem faced by the
                                                      institution to promote the resolution
Organization      related    to    the
                                                      of international commercial disputes
surmounting arrears to the tune of
                                                      outside the jurisdiction of national
US$ 1.4 Million. Some delegates
                                                      courts and to offer arbitration
recommended the constitution of a
                                                      services within the region remained
Committee to tackle the problem of
                                                      urgent, in view of the need to
arrears. As a first step they could be
                                                      guarantee more stability, reliability
requested to pay up and if they did
                                                      and certainty in dispute settlement in
not comply as a last resort,
                                                      light of regional economic integration
membership could be withdrawn.
                                                      in the Eastern and Southern African
Some delegations suggested that a

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      sub-region. The AG also noted that                    training programmes and seminars in
      the necessary legal framework to                      cooperation with other international
      cater for international and regional                  organizations. However, in order to
      arbitration was already in place in                   concretize these plans it was
      Kenya, what remained to be done                       necessary to put the Centre on a
      was the setting up of the institutional               sound financial footing, as it was
      framework for the Centre, which                       currently dependant on the regular
      includes framing of the rules and the                 budget of AALCO, which itself was
      appointment of the Director of the                    facing    many    difficulties.  He
      Centre.                                               requested     Member     States   to
                                                            adequately fund the ‘Research and
      The Secretary-General welcomed the
                                                            Training Fund’.
      establishment of the Nairobi Centre,
      and assured that AALCO Secretariat,             3.9   Report on AALCO’s Permanent
      as well as the Directors of the other                 Headquarters Building: Amb. S. R.
      four Centers would render all                         Tabatabaei, DSG of AALCO,
      possible help in framing the rules of                 highlighted the progress report on the
      the Regional Centre for Arbitration in                Headquarters Building and said that
      Nairobi.                                              during the Forty-Fifth Session, the
                                                            Member States realizing that some of
3.8   Report on AALCO’s Centre for
                                                            the works had been pending and
      Research and Training: Dr. Xu Jie,
                                                            some technical requirements needed
      Deputy Secretary-General (DSG) of
                                                            completion, had requested the
      AALCO while introducing the item
                                                            Secretary-General to expedite, in
      stated that in pursuance of the
                                                            coordination with the concerned
      resolution RES/45/ORG.4 adopted at
                                                            authorities of the Government of
      the Forty-Fifth Golden Jubilee
                                                            India, the completion of the building
      Session in 2006, the following
                                                            in order to enable the Secretariat to
      activities were undertaken by the
                                                            move to its Permanent Headquarters.
      Centre, first, a one-day Meeting of
                                                            Accordingly, the Secretary-General
      Experts on “Emerging Issues on the
                                                            and the Deputy Secretaries-General
      UN Convention on the Law of the
                                                            had been reviewing the progress in
      Sea” held in New Delhi on 24th
                                                            the work with the officials of the
      November 2006. Second, informative
                                                            Ministry of External Affairs (MEA)
      research studies had been released at
                                                            in order to expedite the completion of
      earlier Sessions and also a volume
                                                            the building. He noted that all the
      titled “Commemorative Essays in
                                                            works, including the furnishing of the
      International         Law”          in
                                                            building were in the final stages and
      commemoration of the Golden
                                                            it was hoped that the completed
      Jubilee of the Organization would be
                                                            building would be ready for shifting
      released during this Session. Third,
                                                            soon. Regarding the furnishing of the
      the website of AALCO had been
                                                            Secretary General’s Residence, he
      significantly modified and upgraded
                                                            said that it was the sole responsibility
      in order to make it more user
                                                            of the Secretariat. In this context,
      friendly, interactive and informative.
                                                            keeping in view the heavy burden on
      A      new     domain      name     of
                                                            the Organization and the financial had been assigned to
                                                            situation, the Secretary-General urged
      the website recently. Member States
                                                            and welcomed from the Member
      were requested to provide electronic
                                                            States appropriate support on a
      addresses and URL of the Ministry
                                                            voluntary basis.
      concerned and officials in charge of
      AALCO. Finally, in pursuance of the             4.    First and Second General Meetings
      key objectives of the Centre to impart
                                                      4.1   Delegations from the following
      training to the officials from the
                                                            Member States made statements
      Member States, he said that the
                                                            during the First and Second General
      Centre was resolved to organize

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      Meeting: Thailand, the Republic of                   Secretariat for the two half-day
      Indonesia, Japan, the United Arab                    Special Meeting on important items,
      Emirates, Malaysia, the People’s                     namely, “Investment, Trade and
      Republic of China, Uganda,                           Development” and “International
      Pakistan, the State of Kuwait, Sri                   Cooperation      in     Countering
      Lanka, the Arab Republic of                          Terrorism”.
      Egypt, the Sultanate of Oman, the
                                                     4.4   Several delegations stated their
      Kingdom of Nepal, the Arab
                                                           position on the items on the
      Republic of Syria, the United
                                                           AALCO’s        agenda      and     the
      Republic of Tanzania, the Republic
                                                           contribution of the respective
      of South Africa, the Republic of
                                                           countries. One delegation supported
      Kenya, the Republic of Korea, the
                                                           the suggestion by His Excellency Mr.
      Islamic Republic of Iran, Sudan
                                                           Narinder Singh that AALCO should
      and Senegal. Observer delegations
                                                           continue to deliver its significant
      from     Holy     See,      Lesotho,
                                                           contribution towards the work of the
      Commonwealth      Secretariat   and
                                                           Sixth Committee of the United
      UNEP also made general statements.
                                                           Nations. One delegation was of the
4.2   All the delegations congratulated Her                view to call upon Asian-African
      Excellency Ms. Brigitte Sylvia                       Countries to create a best practice on
      Mabandla, Minister for Justice and                   Mutual Legal Assistance and
      Constitutional Development on her                    Extradition in order to ensure the
      election as President of the Forty-                  supremacy of law in combating
      Sixth Session of the Asian-African                   corruption.      The       Indonesian
      Legal Consultative Organisation.                     delegation proposed that in the near
      Many       delegations      expressed                future, AALCO could organize legal
      confidence that under her able                       training programmes for Asian-
      leadership and the concerted efforts                 African lawyers, in collaboration
      of the delegations of the various                    with the WTO or UNITAR. The
      Member States, the Session would                     Delegation believed that the endeavor
      achieve       complete        success.               could make a significant contribution
      Delegations also congratulated H.E.                  towards the empowerment of the
      Mr. Eddy Pratomo, Director General,                  Asian-African States in the WTO
      Legal Affairs & International                        forum.
      Treaties, Ministry of Foreign Affairs,
                                                     4.5   Another delegation expressed hope
      Republic of Indonesia on his election
                                                           that a reasonable initiative to solve
      as the Vice-President of the Forty-
                                                           the financial problem, taking into
      Sixth Session of AALCO.
                                                           account various factors surrounding
4.3   Delegations also sincerely thanked                   financial matters would be drawn up.
      the Government of Republic of South                  The delegation earnestly hoped that
      Africa for the warm welcome and                      this question would be tackled as an
      hospitality that was accorded to the                 important task of AALCO in the
      delegations. They also appreciated                   coming months.
      the efforts of the Secretary-General
                                                     4.6   Yet another delegation expressed
      of AALCO and the Secretariat for the
                                                           their happiness regarding the broad
      well-organized preparations for the
                                                           participation    of    experts     and
      Session. Some Delegations welcomed
                                                           participants from AALCO Member
      the new member, the Republic of
                                                           States at the Meeting of International
      Cameroon, to the Organisation. Many
                                                           Experts on Human Rights in Islam
      delegations commended the effort of
                                                           (MIEHRI) which was held in Kuala
      AALCO in galvanising Asian-
                                                           Lumpur from 15-19 May 2006. The
      African cooperation in the field of
                                                           delegations thanked the AALCO
      international law. Many delegations
                                                           Secretariat and the Kingdom of Saudi
      also appreciated the initiative of the
                                                           Arabia for collaborating in the
      Host Government and the AALCO

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      organization of that event. They               4.9   The delegation from the Republic of
      believed that the outcome of the                     Korea wished to recall the fact that
      meeting contributed substantively to                 the Forty-Second Session, which was
      the better understanding of the                      held in Seoul in 2003, considered and
      subject matter as well as enhancing                  adopted proposals concerning the
      international cooperation, mutual                    rationalization of AALCO’s Work
      respect and the dissemination of                     Programme.         The     delegation
      human rights principles and practices.               emphasised that it attached a great
                                                           importance      to   the    continued
4.7   The delegation of the People’s
                                                           implementation          of       such
      Republic of China proposed that in
                                                           rationalization. In that regard, the
      order to expand and enhance the
                                                           delegation was of the opinion that the
      influence of AALCO the following
                                                           number of items to be deliberated
      points could be considered: firstly,
                                                           should not be unduly expanded.
      AALCO should continue to pay close
      attention to important international           4.10 One of the delegations observed that
      affairs, and provide its Member                     both Asians and Africans have had a
      States with profound international                  long tradition of working and living
      legal analysis; secondly, AALCO                     together and recognized in each other
      should continue to strengthen its                   a common humanity and common
      cooperation with other international                destiny as they had suffered the same
      organizations especially the relevant               afflictions and humiliations imposed
      legal bodies of the United Nations,                 by colonialism. Hence, the delegation
      and support the role of United                      reiterated that active engagement
      Nations’ in safeguarding world peace                with each other regarding human
      and security and promoting common                   resource development, technical
      development; thirdly, AALCO should                  training, capacity building and
      follow closely the new issues, new                  knowledge sharing was urgently
      trends and new developments in the                  needed. Some delegations were
      field of international law and prepare              highly appreciative of the Model
      reports on these topics; and finally,               Legislation Against Trafficking in
      AALCO should continue to hold                       Persons Especially Women and
      seminars or workshops for the legal                 Children prepared by the AALCO
      officers of Member States.                          Secretariat. In this regard they stated
                                                          that this could prove to be a very
4.8   The delegation of Uganda inquired
                                                          useful reference point when Member
      whether it was possible for AALCO
                                                          States of AALCO deal with the
      to conduct research analysis on the
                                                          problem of trafficking domestically.
      concept of “dispensing justice under
      traditional justice system”. The               4.11 The delegation from the Islamic
      delegation also appreciated the                     Republic of Iran informed that a
      signing of the Agreement between                    ministerial meeting of Non-Aligned
      AALCO and the Republic of Kenya                     countries on the issue of Human
      for     establishing     a  Regional                Rights and Cultural Diversity would
      Arbitration Centre in Nairobi,                      be convened in Tehran on 3-4
      Republic of Kenya which the                         September 2007. This initiative,
      delegation considered to be an                      which came from the Islamic
      important landmark for the entire                   Republic of Iran, would explore ways
      East African region. Another                        and means to realize human rights
      delegation stated that the evil of                  while taking into account cultural
      terrorism cannot be combated without                diversity.
      the active cooperation of all the
                                                     4.12 Another delegation welcomed the
      Member States of AALCO which
                                                          collaboration that AALCO has had
      would ensure that all means are
                                                          with various UN agencies and
      utilized in that objective.
                                                          specialized agencies concerned with

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      different subject matters. The                       of AALCO introduced the item. The
      delegation added that this would go a                DSG congratulated members who
      long way in dealing effectively with                 had been elected to the International
      the matters found on the agenda of                   Law Commission (ILC) from
      AALCO.        Another       delegation               AALCO Member States. The DSG
      reiterated the need to increase the                  briefly presented the report on the
      voice of Asian-African countries at                  work of the Commission at its fifty-
      those fora where international law                   eighth session.
      making takes place.
                                                     5.2   Mr.            Narinder          Singh,
4.13 The Observer delegate from the                        Representative of the International
     United       Nations      Environment                 Law Commission made a statement
     Programme (UNEP) inter alia drew                      on behalf of the International Law
     attention to the Memorandum of                        Commission. In his statement Mr.
     Understanding        (MoU)       signed               Singh focused on the activities of the
     between the UNEP and the AALCO                        Commission since last year. The
     at the Forty-Fourth Session of the                    Representative said that this year’s
     Organization in Nairobi in 2005. The                  session of the Commission was the
     MoU       established    a     renewed                first of the new quinquennium which
     framework for cooperation and                         followed the election of its members
     collaboration between the two                         by the General Assembly of the
     Organizations, in particular, in the                  United Nations last year. 16 of its 34
     area of promoting the development                     members, almost half, were new. The
     and implementation of environmental                   first part of the Fifty-Ninth Session of
     law, as a branch of international law.                the ILC, convened from 7 May to 5
     The Delegate noted with interest the                  June, and would be convening later
     activities of the AALCO-CRT and                       this July for the second segment until
     said that the UNEP saw the Centre as                  the second week of August. The
     an important institution to build                     Representative underlined that the
     and/or strengthen the capacity of                     year 2006 saw fruitful completion of
     enforcement officials of the Member                   4 topics. Firstly, the Commission
     States for both the development and                   concluded the second reading of the
     implementation of international law,                  draft     articles     on    Diplomatic
     which they considered to include                      Protection.          Secondly,       the
     environmental law. CRT could also                     Commission completed the second
     very well be used by UNEP for its                     reading of the draft principles on the
     capacity building and training                        “Allocation of Loss in the Case of
     programmes on environmental law                       Transboundary Harm Arising out of
     benefiting the AALCO Member                           Hazardous Activities”. Thirdly, the
     States based on modalities which                      Commission          adopted     Guiding
     could be further discussed and agreed                 Principles applicable to unilateral
     upon. The delegate suggested that the                 declarations of States capable of
     CRT could be one of the partner                       creating legal obligations. Fourthly,
     institute or centre of excellence, for                the Commission completed its work
     UNEP’s        capacity-building     and               on ‘Fragmentation of International
     training programmes, if AALCO                         Law’. Further he focused on the
     Member States so desire and the                       substantive part of the current
     AALCO followed up with UNEP                           programme of the work of the
     Administration.                                       Commission, which consisted of six
                                                           topics. These were ‘Reservations to
The Third General Meeting
                                                           Treaties’,         ‘Shared       Natural
5     Agenda Item II: International Law                    Resources’, ‘Expulsion of Aliens’,
      Commission                                           ‘Effects of Armed Conflicts on
5.1   Amb. Reza Tabatabaei Shafiei,                        Treaties’,       ‘Responsibility      of
      Deputy Secretary-General (DSG)                       International Organizations’, and ‘the

                                   Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      Obligation to Extradite or Prosecute                    opposed the Special Rapporteur’s
      (aut dedere aut judicare)’.                             proposal to replace “ipso facto” with
                                                              “necessarily”, on the ground that
5.3   The delegations from the Islamic
                                                              “necessarily” was less incisive. The
      Republic of Iran, the Republic of
                                                              delegate agreed that the draft articles
      Korea, Japan, the Republic of
                                                              should not rule out the possibility of
      Kenya, Malaysia, the People’s
                                                              automatic suspension or termination
      Republic of China, the Republic of
                                                              in appropriate cases. Although the
      Indonesia, Thailand, the Republic
                                                              delegate acknowledged the difference
      of South Africa, and the Arab
                                                              between the concept of termination
      Republic of Egypt made statements
                                                              and suspension, he viewed that the
      on the work of the Commission. One
                                                              exigencies of particular situations
      delegate observed that extending
                                                              might render difficulties in any
      diplomatic protection to corporations
                                                              attempt to identify or apply the two
      in most cases was unnecessary as the
                                                              concepts. Another delegate pointed
      circumstances      in    which     the
                                                              out that in draft article 4, the Special
      corporations perform their activities
                                                              Rapporteur      had      elevated   the
      and the procedures for settlement of
                                                              “intention” of the parties as the main
      disputes was largely regulated by the
                                                              criterion for the determination of
      bilateral and multilateral treaties
                                                              suspension or termination of treaties.
      signed between States. Another
                                                              The delegate considered that there
      delegate mentioned that the scope of
                                                              was a need to examine the question
      draft Article 19 (the rule on the
                                                              of intention further, as well as other
      exhaustion of local remedies, actions
                                                              possible criteria. The delegate
      or procedures other than diplomatic
                                                              mentioned particularly that the
      protection      and     recommended
                                                              Commission should consider other
      practice) was of concern. He
                                                              criteria, determined in accordance
      expressed the hope that draft Article
                                                              with articles 31 and 32 of the Vienna
      19 would be excluded from the set of
                                                              Convention on the Law of Treaties,
      draft articles, while bearing in mind
                                                              as well as the nature of the armed
      that it was the consistent practice of
      his country to respond to legitimate
      requests for diplomatic protection                5.6   Concerning the topic of “Expulsion
      from its nationals abroad.                              of Aliens”, one delegate believed that
                                                              there should be a balance between
5.4   On the topic of ‘Responsibility of
                                                              rights of States to expel and the
      International Organisations’ one
                                                              protection of rights of aliens. Illegal
      delegate observed that successful
                                                              immigrants, he stated, should be
      completion of this work would be
                                                              covered by the draft articles. On the
      comparable         to     the      ILC's
                                                              topic of ‘the obligation to extradite or
      accomplishments in the Vienna
                                                              prosecute’ (aut dedere aut judicare)
      conventions on the law of treaties,
                                                              one delegate said that it was
      which established a single system of
                                                              important that States incorporate
      inter-state treaties, as well as treaties
                                                              offences of international character
      allowing for the participation of
                                                              and transnational crimes to be
      international organizations. On the
                                                              extraditable offences under their
      topic of Shared Natural Resources
                                                              domestic laws. Furthermore, a more
      delegates generally welcomed the
                                                              harmonized approach should be
      timely completion of the first reading
                                                              adopted when considering requests
      of the set of 19 draft articles on the
                                                              for international legal cooperation,
      law on transboundary aquifers.
                                                              whether for extradition or mutual
5.5   In respect of the topic of “Effects of                  legal assistance. Double criminality
      Armed Conflicts on Treaties” one                        and the political offence exceptions
      delegate said that on the issue of ipso                 should be applied resiliently in a way
      facto termination or suspension, they                   that did not impede international

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      cooperation and the application of                    studied. Further, the host States
      emerging norms of customary                           should exercise judiciously their right
      international law.                                    to regulate with a view to promoting
                                                            domestic development priorities and
5.7   One delegate said that the support
                                                            linkages, and protect the public
      and unity of purpose from AALCO
                                                            welfare from possible negative
      Member States made it possible for
      the election of 12 candidates from its
      Member States to the ILC. One                   6.4   Reflecting on the work of AALCO,
      delegate suggested that AALCO                         the SG noted that Trade and
      could organize workshops on topics                    Investment had been on its agenda for
      that were referred to the UN General                  many years and several issues
      Assembly by the ILC.                                  considered include: Promotion and
                                                            Protection of Investment (1983);
6     Special Meeting on “International                     Promotional        Meetings       on
      Investment, Trade and                                 Investments       (1986);      Legal
      Development”                                          Framework for Joint Ventures (1988-
                                                            91) etc. In 1981, the Organization,
6.1   The first half-day Special Meeting on                 through its Trade Law Sub-
      “International Investment, Trade and                  Committee, had also prepared the
      Development” was held in the                          texts of three Model Bilateral
      morning Session on 4 July 2007. The                   Investment       Agreements        on
      President invited Mr. Vincent                         Investment Protection. On trade law
      Saldahna, President of the National                   matters, AALCO had been involved
      Democratic Lawyers Association,                       and complemented the work of UN
      the Republic of South Africa to chair                 agencies, as well as the World Trade
      the Meeting.                                          Organization (WTO).
6.2   Mr. Vincent Saldahna before                           Theme 1: Investment and Trade in
      commencing the Meeting gave the                       Legal Services
      floor to the Secretary-General for his
      introductory remarks.                           6.5   Mr. Wamkele Keabetswe Mene,
                                                            Department of Trade and Industry,
6.3   Ambassador Dr. Wafik Zaher                            the Republic of South Africa, was
      Kamil, the SG of AALCO noted                          the first panelist. The panellist
      that wider interaction among nations                  presented     the     South     African
      and the need for economic                             Perspective on Investment and Trade
      cooperation had enhanced the role of                  in Legal Services. He highlighted the
      international trade and investments.                  importance of investment and trade in
      He      recalled   that   historically,               legal services for the developing
      international law on trade and                        countries and noted that the growth
      investment was perceived by the                       and internationalization of economy,
      developing countries as an instrument                 increase     in     multi-jurisdictional
      that guaranteed favorable rights to the               transactions,        mergers         and
      colonizer over their colonies. The SG                 acquisitions, business to business
      noted that now developing countries                   legal transaction etc., had been a
      had begun to view trade and foreign                   catalyst for globalizing investment
      investments in the spirit of                          and trade in legal services.
      partnership rather than confrontation.
      This was because of the growing                 6.6   The panellist said that the WTO
      realization that foreign investment                   General Agreement on Trade in
      and trade were essential components                   Services (GATS) provides an
      of sustainable development strategies.                international legal framework for
      The SG added that the tendency to                     legal services. In the context of mode
      attract investment had brought with it                and type of supplying legal services,
      new challenges which need to be                       he noted that foreign legal
                                                            consultants could provide services in

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      three situations – international law,                  also highlighted a comparative study
      home country law, and third country                    of the International Bar Association
      law. However, there were many                          on the independence, confidentiality,
      barriers to international trade in legal               ethical, and professional structure.
      services, particularly Market Access                   However, the panelist agreed that
      and National Treatment issues which                    there was misplaced apprehension
      need to be tackled. He added that                      that large multilateral law firms
      there was also lack of participation                   would take over the domestic
      from the African and developing                        practice, including the advocacy
      countries.                                             work in the country. The panelist
                                                             emphasised the need for dialogue and
6.7   While explaining the benefits for
                                                             change in the regulatory structure of
      developing countries vis-à-vis legal
                                                             the developing countries which
      services, Mr. Mene noted that it
                                                             protects the domestic law firms from
      would lead to transfer of expertise
                                                             competition. However, this could also
      and know-how, increased Foreign
                                                             lead to brain drain. The panelist noted
      Direct Investment, access to global
                                                             that an international law firm brought
      markets, transfer of technology,
                                                             with it international experience,
      improvement in quality of services,
                                                             would recruit locally and mostly do
      vigorous competition in market and
                                                             consultative services. The panelist
      restructured       domestic      legal
                                                             pointed out that many countries were
      environment. The Doha Round of
                                                             in the process of liberalizing their
      negotiations has recognized the
                                                             legal services as required under the
      importance and provides for further
      liberalization of legal services. The
      panelist also noted that the current             6.9   Judge D. Davis, Judge of the High
      framework under GATS provides                          Court, the Republic of South
      flexibilities for the countries in                     Africa and former Professor of
      formulating      their  commitments                    Law, noted that when one talks about
      according to their domestic needs. A                   the liberalization of legal services the
      State could, for example, permit entry                 first question to be addressed was ‘for
      of foreign legal services in                           whom?’. In South Africa and many
      consultancy services, but could                        other countries, the crucial issue was
      restrict permission in representative                  access to justice for poor people,
      services.                                              especially the legal representation on
                                                             their behalf. The second problem was
6.8   Mr. Nabil Lodey, Freshfields Law
                                                             that in the process of globalization,
      Firm, Paris, fully agreed with the
                                                             the interrelationship between national
      earlier panelist on the advantages of
                                                             and international laws had become
      liberalization of legal services. The
                                                             increasingly important. No country
      panellist said that there was a need to
                                                             could now afford to have expertise in
      differentiate between regulation and
                                                             municipal law alone. Further,
      liberalization. From the perspective
                                                             international law emerging from the
      of law firms, to enter the domestic
                                                             practices      and      decisions     of
      market, there was a need to change
                                                             international institutions would be
      the domestic setup and for dialogue,
                                                             crucial. The panelist felt that law was
      and the requirement of political and
                                                             not strictly a national issue, and it
      economic stability in the host
                                                             was      important     to    understand
      country. The panelist noted that law
                                                             comparative legal systems. In order
      firms are client driven and would
                                                             to develop their jurisprudence, it was
      emphasize these factors. The panelist
                                                             essential to understand other legal
      noted that the liberalisation of legal
                                                             systems around the world. As regards
      services under the GATS was
                                                             GATS commitments, one should
      restrictive and there was a need for
                                                             understand how to implement this
      fair     regulation    and    adopting
                                                             agreement. While agreeing that
      investment agreements. The panelist

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

     nobody wanted international law                       countries.      He emphasized the
     firms to replace domestic law firms,                  AALCO’s role in this regard. The
     the panelist noted that there was                     Republic of Indonesia, sharing their
     vested interest and monopoly of                       experience, noted that in order to
     market by very few firms in                           facilitate the transfer of knowledge
     developing countries. There was also                  and know how the domestic lawyers,
     a need to develop local expertise in                  Indonesia currently requires foreign
     many crucial areas such as WTO,                       lawyers practicing in Indonesia to
     competition etc.                                      provide pro bono legal advice and
                                                           conduct lectures in international law
6.10 The delegations from the Republic
                                                           for academic community.
     of Kenya, Uganda, the Sultanate of
     Oman, the Republic of South                     6.11 The delegation from the Republic of
     Africa, the State of Kuwait, the                     Kenya recommended that the Centre
     Republic      of    Indonesia,    the                for Research and Training (CRT) of
     Republic of Korea and the                            AALCO could prepare a Guideline
     Kingdom        of    Saudi    Arabia                 on the possible positive and negative
     participated in the discussion that                  implications of GATS on its Member
     followed. They also posed very                       States. Many delegates supported this
     important      and     comprehensive                 view. The delegation from the
     questions touching upon several                      Republic of South Africa suggested
     issues which were discussed by the                   that the curriculum of legal education
     panelists, including the implications                should be adjusted according to the
     of signing the GATS by the                           situation and that lawyers should be
     developing countries.                                trained not only in local laws, but
                                                          also in international and comparative
     Most delegations expressed their
                                                          laws.        They also suggested
     apprehension about the entire GATS
                                                          constitution of a three Member States
     system. It was observed that the
                                                          committee to look into the real issues.
     negotiations held at WTO level were
                                                          The delegation of the Kingdom of
     imbalance, as far as developing
                                                          Saudi Arabia, shared their experience
     countries were concerned. Some
                                                          of acceding to the WTO which took
     Members felt that liberalization
                                                          12 years of negotiations, suggested
     should first take place through
                                                          establishing a Committee within
     regional economic cooperation and
                                                          Member States in order to provide
     proceed towards universality. Some
                                                          legal advice and facilitate accession
     delegations        supported        the
                                                          process to WTO.
     liberalization process, and requested
     Member States to look for legal                 6.12 Mr. Mene stated that one should
     jurisprudence based on international                 recognize the inevitability        of
     norms and that legal services should                 globalization. The question was how
     no longer be a national issue.                       to integrate economy into that
     Explaining their experience, the                     framework. Regulatory infrastructure
     delegation of the Sultanate of Oman                  should be the first requirement.
     stated that they had opened the legal                Article VI of GATS refers to
     services for legal consultations and                 domestic regulation and it does not
     not for representative services, and                 require any country to depart from
     enquired whether this position could                 their own regulations. Regional
     be maintained. This was answered in                  integration was a good idea. He
     the affirmative by the panelists as the              emphasized that they should maintain
     GATS provides for that flexibility.                  a balance between national regulation
     The delegation from the State of                     and globalization.
     Kuwait pointed out that most of the
                                                     6.13 The Chairman pointed out that if the
     developing countries were facing
                                                          South African Judges could cross
     domination and stressed the need to
                                                          borders to neighbouring countries,
     raise awareness within the developing

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      the lawyers should be less concerned                  the right to development in 1986 by
      about the cross border legal service.                 adopting the Declaration on the Right
      While closing the session, the                        to Development. A further step was
      Chairperson      summed      up     the               the conceptualization of the notion of
      deliberations and highlighted the                     sustainable development by the
      practical suggestions put forward by                  World Commission on Environment
      the panelists. Finally, he thanked the                and Development in 1987, which was
      panelists    for     their    excellent               recognized more recently at the
      presentations.                                        World Summit on Sustainable
                                                            Development in 2002.
      Theme 2: Right to Development:
      African NEPAD Strategy in                       6.17 Development was a real challenge
      Investment and Trade?                                and it was undermined by poverty.
                                                           He noted that Africa as a continent
6.14 The President of the Forty-Sixth
                                                           was progressively moving ahead and
     Session     Minister      Mabandla
                                                           regional institutions were getting
     introduced the theme, as well as the
                                                           strengthened, and that was evident
     panelists and requested Justice
                                                           from      the     transition    of    the
     Dennis Davis to chair the Meeting.
                                                           Organization of African Unity into
6.15 The Chairperson Justice Dennis                        the     African      Union.      Regional
     Davis in his introductory remark                      institutions such as the African
     observed that the theme for                           Central Bank, African Investment
     deliberations     was     “Right     to               Bank and African Monetary Union
     Development: African NEPAD (New                       were being set up. Africa generated
     Partnership         for        Africa’s               its own resources and the new shift in
     Development) Strategy in Investment                   development paradigm evident in the
     and Trade?”.         The Chairperson                  NEPAD         strategy      called    for
     expressed doubt on whether there                      fashioning the development strategy
     existed a Right to Development. If it                 in a new way. Africa did not want its
     did exist then there was no need for                  development policies to be dictated
     the thematic title to be followed by a                by the World Bank and the
     question mark. He introduced the                      International Monetary Fund (IMF),
     three panelists.                                      rather the NEPAD called for the
6.16 Professor      Shadrack       Gutto,                  African people to take their destiny
     Director, Centre for African                          into their own hands. Both donor
     Renaissance Studies, University of                    dependency and the donor driven
     the Republic of South Africa,                         agenda was sought to be rejected.
     Pretoria stated that the Right to                     Instead there was a call for
     Development was important, not only                   partnership between different actors,
     from an African point of view but                     as well as regional integration.
     also from the perspective of all the                  International partnership based on the
     developing        countries.      As                  mutual benefit was sought to be made
     development was a continuous                          the      cornerstone       of    Africa’s
     process, the Right was also important                 development.
     for developed countries. As regards              6.18 The second panelist Mr. M. R.
     the right to development, Africa had                  Williams, Director, Department of
     taken the lead as this right first                    Trade and Industry, Government
     received clear recognition and                        of the Republic of South Africa
     expression within the context of                      focused his presentation on matters
     African regional human rights                         relating to the World Trade
     system. The African Charter on                        Organization (WTO). The panelist
     Human and Peoples Rights, 1986, in                    stated that most of the developing
     its Articles 20, 21, and 22 gave                      countries, including that from the
     recognition to this right. The UN                     African continent were Members of
     system recognized the importance of                   the WTO; therefore, NEPAD had to

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

     work within the dynamics of rule -                   developed country. However, this is
     based trading system of WTO. The                     not a remedy. He noted that the
     panelist drew Member States’                         developing countries need to
     attention to the current Doha Round                  implement the Agreement on Trade
     of Negotiations in which developed                   Related Aspects of Intellectual
     countries were trying to weaken the                  Property Rights (TRIPs) by 1 January
     rule based trading system. It was in                 2005. Only very few developing
     the interest of developing countries to              countries had enacted laws and
     strengthen the rule based trading                    created institutions for enforcing the
     mechanism. However, even then                        TRIPs Agreement due to lack of
     through the WTO forum developing                     resources and qualified personnel.
     countries were not benefiting. There
                                                     6.20 In the Doha Development Round
     was a substantial difference between
                                                          while the issues relating to Non-
     the notions of “free trade” and “fair
                                                          Agriculture Market Access (NAMA)
     trade”. While developed countries
                                                          and Agreement on Agriculture were
     argued for free trade that could harm
                                                          not settled, the developed countries
     developing countries, the developing
                                                          were bringing in new generation
     countries advocated a need for fair
                                                          issues     such      as    investment,
     trade, as they did not have the
                                                          competition etc. Furthermore, good
     requisite capacities for furthering
                                                          governance was another key issue
     their trade interests. In this context,
                                                          regarding the manner in which the
     the panelist drew attention to the
                                                          WTO was being run.                The
     massive subsidies that the countries
                                                          phenomenon of “green room”
     of the European Union provided to
                                                          wherein the developed countries
     their farmers. The developing
                                                          negotiated within themselves and
     countries were in no position to
                                                          then sought to impose their decision
     provide such subsidies and the
                                                          on     developing     countries   was
     developed countries were placed at a
                                                          particularly disturbing. New alliances
     comparative advantage in terms of
                                                          of developing countries such as G-20
     market access.
                                                          or NAM were required to be
6.19 The panelist drew Member States’                     strengthened in order to effectively
     attention to the concept of                          challenge the might of developed
     “preference erosion” which imposed                   countries within the WTO.
     severe restrictions on developing
                                                     6.21 Ms. Thuli Madonsela, Member of
     countries. He proceeded to discuss
                                                          the South African Law Reform
     the WTO Dispute Settlement System.
                                                          Commission presented a paper on
     In this regard, he stated that it was
                                                          “Right to Development: Focus on
     difficult for developing countries to
                                                          Law, Gender and Development”.
     take up matters before the WTO
                                                          Her focus was on the relationship
     Dispute Settlement Bodies, as it was
                                                          between gender and development
     a very expensive procedure and the
                                                          with emphasis on the global call for
     countries had to rely on lawyers from
                                                          mainstreaming         gender       in
     developed countries as they did not
                                                          development and the relationship
     have the requisite capacities within
                                                          between law and development. She
     their countries. Even if a dispute was
                                                          pointed out that one of the
     taken before the Panel by a
                                                          encouraging developments in the
     developing country and the Panel
                                                          global discourse on development was
     decided in favour of the developing
                                                          the paradigm shift from parochial
     country, and called for measures to
                                                          perspectives on development which
     be taken by the developed country,
                                                          included focusing on economic
     the measures were dependent upon
                                                          progress instead of the betterment of
     the goodwill of that country. The
                                                          the human condition. The Panelist
     developing country had the right to
                                                          observed that the global acceptance
     suspend concessions to that particular
                                                          for the need to mainstream gender in

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

     development also constitutes an                       ways and means to administrative
     important recent development. After                   and economic restructuring. The
     presenting a utilitarian perspective on               delegation     called     for     more
     the need for gender mainstreaming,                    partnership at the local, national,
     she observed that a utilitarian                       regional and international level to tap
     perspective has its limits as                         the vast potential and expertise.
     sometimes it was more expedient to                    While opening the doors for more
     undermine equality in the interests of                investment, the developing world had
     broader      national     development                 a national and moral responsibility to
     interests. The Panelist pointed out                   protect sovereign rights and national
     that the law can be an important                      interests. The delegation of the
     instrument of change. However, she                    Republic of Kenya suggested that
     cautioned that one needed to be                       AALCO could come up with a legal
     realistic about the law and its limits.               team to help the Member States
     The Panelist put the following ideas                  facing problems like in the case of
     for consideration of AALCO Member                     generic drug problems faced by the
     States: mainstreaming development;                    Government of South Africa.
     mainstreaming gender and other                        Another delegation observed that the
     equality considerations; and ensure                   world had to learn more from the
     equal participation of women and                      advanced countries. Yet another
     men and other forms of inclusiveness                  delegation informed the Session of
     in national and international legal and               their economic reforms and the laws
     policy processes as well as trade                     that they had enacted for encouraging
     agreements.                                           more foreign direct investments.
                                                           Another delegation expressed the
6.22 Many delegations commented on the
                                                           view that more investment and
     panelist’s presentation and raised
                                                           foreign goods coming to domestic
     thought     provoking      questions.
                                                           markets induce competition. One
     Delegations included, the Islamic
                                                           delegation raised a query to the
     Republic of Iran, Uganda, Sudan,
                                                           panelist as to who was the holder of
     the United Arab Emirates, the
                                                           the Right to Development and who
     Republic of Korea, Japan, the
                                                           had the corresponding obligation.
     Republic     of     Indonesia,    the
     Sultanate of Oman, the Republic of              6.23 Professor S. Gutto proposed that
     Kenya and the State of Kuwait.                       AALCO Member States could
     One delegation raised a pertinent                    collectively work to raise the right to
     question regarding the adverse impact                the development concept to a treaty
     on the Right to Development and its                  form and incorporate it in their
     realization due to the unilateral                    national laws and policies. He
     sanctions by some countries. The                     observed that if the unilateral
     delegation felt it necessary for                     sanctions had adverse impact on the
     AALCO to take up the issues related                  people, then it constitutes human
     to the right to development and                      rights violations. He pointed out that
     submit a report to its Annual                        according to the UN agreements, the
     Sessions.     Another      delegation                holder of the right to development
     highlighted the needs of developing                  were     individuals    and     people
     countries in general and African                     collectively, and the duty lies on the
     countries, in particular, of self                    State and the people. Mr. M.R.
     evaluation, without always blaming                   Williams added that even though
     the colonial powers. The delegation                  there were number of international
     cautioned that they had failed to                    instruments on right to development
     come to terms with their own                         none were enforceable. Justice
     problems and challenges. One                         Dennis Davis made his concluding
     delegation emphasized that the                       remarks and thanked the Panelists for
     developing world needs to look at

                                    Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      their lucid and thought provoking                         threat should be the priority of all
      statements.                                               nations.
                                                          7.4   The panelist informed the session that
7     Special Meeting on “International
                                                                the United Nations stood at the
      Cooperation     in    Countering
                                                                forefront of this international effort to
                                                                provide a global response. The role of
7.1   AALCO-UNODC           joint     Special                   UN in countering terrorism was
      meeting        on        ‘International                   extensive. Through its mandate and
      Cooperation        in       Countering                    expertise it was involved in almost
      Terrorism’ was held in the afternoon                      every aspect of counter-terrorism,
      of 4 July 2007. The President of the                      from       broad-based       prevention
      Forty-Sixth Session of AALCO                              strategies, social and development
      invited the Secretary-General of                          projects, military responses, law
      AALCO to introduce the topic. In his                      enforcement mechanisms, to the
      introductory statement the Secretary-                     development and implementation of
      General introduced the panelists,                         international criminal justice norms
      Councelor Dr. Iskander Ghattas,                           and standards. The UN started
      Global Consultant, UNODC, Vienna                          working on the development of a
      and      Dr.      Jonathan       Lucas,                   multifaceted and coherent global
      Representative, UNODC Regional                            response to terrorism well before the
      Offices for Southern Africa. In his                       tragic events of September 11, 2001.
      introductory statement the Secretary-                     The UN’s counter-terrorism efforts
      General highlighted the complex                           spanned more than three decades,
      nature of terrorism and the necessity                     involving the General Assembly, the
      of countering it in all its forms and                     Security Council, the Economic and
      manifestations.                                           Social Council (ECOSOC) and the
7.2   Dr.           Jonathan           Lucas,                   United Nations specialized agencies
      Representative, UNODC Regional                            such as the International Atomic
      Offices for Southern Africa,                              Energy      Agency      (IAEA),      the
      Pretoria, South Africa mentioned                          International       Civil      Aviation
      that terrorism posed one of the major                     Organization (ICAO), and the
      international security threats to                         International Maritime Organization
      humankind. It was a threat that                           (IMO).
      undermined peace, security, human                   7.5   On the existing legal mechanisms
      rights, and sustainable development                       against terrorism, the panelist
      and was a scourge that threatened all                     informed the session that one of the
      nations, developed and developing,                        most important contributions of the
      and all people, rich and poor. Its                        United Nations had been the gradual
      perpetrators came from all walks of                       establishment of a common legal
      life, all religions, all creeds, and all                  framework consisting of more than a
      cultures.                                                 dozen Conventions and Protocols that
7.3   The panelist pointed out that terrorist                   covered different kinds of terrorist
      motivations, financing and support                        acts, ranging from aircraft hijacking
      mechanisms, methods of attack, and                        to nuclear terrorism. 16 instruments,
      choice of target were constantly                          together with several Security
      surfacing, thus adding to the                             Council resolutions relating to
      complexity of an effective strategy to                    terrorism (most notably Resolutions
      counter it. Multilateral efforts must                     1267 (1999) and 1373 (2001)), made
      adjust to match the breadth and reach                     up what was commonly referred to as
      of the terrorist threat. In this regard, it               the universal legal regime against
      had often been highlighted that a                         terrorism. Another important counter-
      global and coherent response to this                      terrorism development in recent years
                                                                was the elaboration of the United
                                                                Nations Global Counter-Terrorism

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      Strategy    that    was    adopted                    that were able to deal with terrorists
      unanimously      by  the   General                    and the threats they pose and, where
      Assembly on 8 September 2006.                         required, bring them to justice. Dr.
                                                            Lucas observed that the United
7.6   While focusing on the activities of
                                                            Nations could not build this capacity
      the UNODC against terrorism, the
                                                            alone. Partnerships must be built at
      panelist apprised that the UNODC,
                                                            all functional levels with clearly
      through its Terrorism Prevention
                                                            identified aims and goals. Longer-
      Branch (TPB), was one of the UN’s
                                                            term and sustainable capacity
      lead providers of counter-terrorism
                                                            building should never be sacrificed at
      technical assistance. It was mandated
                                                            the altar of expediency. Building
      to assist requesting countries to
                                                            effective counter-terrorism required
      enhance their counter-terrorism legal
                                                            commitment and political support at
      regimes and related criminal justice
                                                            all levels.
      capacity.      To      enhance      the
      effectiveness of its counter-terrorism          7.9   Counselor Dr. Iskander Ghattas,
      technical assistance, UNODC strove                    Global       Consultant,       UNODC,
      to develop operational partnerships                   Vienna mentioned that the threat of
      with international, regional and sub-                 terrorism was considered by the
      regional organizations in support of                  United Nations Security Council as a
      existing bilateral arrangements for                   threat to peace and security.
      technical assistance and to assist                    International community’s efforts
      countries to strengthen their counter-                against terrorism started during the
      terrorism legal regimes and related                   first half of the last century. In 1937
      criminal justice capacity.                            international     consensus       against
                                                            terrorism was crystallized in the form
7.7   The panelist summarized the
                                                            of Convention for the Prevention and
      UNODC activities as follows:
                                                            Punishment of Terrorism along with
      promoting the ratification and
                                                            another Convention for the Creation
      implementation of the universal
                                                            of an International Criminal Court.
      counter-terrorism legal Conventions
                                                            These instruments did not come into
      and Protocols; analyzing national
                                                            force as they did not get required
      legislation and regional/sub-regional
                                                            ratifications/accessions. However that
      counter-terrorism conventions and
                                                            was a beginning of efforts against
      providing advice on effective
                                                            terrorism. While referring to the
      implementation and application of the
                                                            prosecution of terrorists, the panelist
      laws; assisting, where required, with
                                                            mentioned that International Criminal
      legislative drafting of counter-
                                                            Court (ICC) established through the
      terrorism     legislation;    training
                                                            Rome        Statute     should      have
      criminal justice officials on the
                                                            jurisdiction over all terrorist acts. But
      implementation       and     practical
                                                            because of fear among some States
      application of the new laws; and
                                                            about the politicization of terrorist
      organizing regional and sub-regional
                                                            acts, these acts were kept out of the
      workshops on counter-terrorism.
                                                            jurisdiction of the International
7.8   The panelist was of the view that                     Criminal      Court.     The     Madrid
      international        counter-terrorism                Declaration also requested for
      measures would have to keep pace                      inclusion of terrorism under the
      with the growing threat of terrorism                  jurisdiction of ICC. The impact of
      in its multiple manifestations. It was                terrorism was destructive at the
      found that many countries urgently                    individual and community level.
      required assistance to strengthen their               While referring to the response of
      counter-terrorism legal regimes to                    States, the panelist informed the
      bring them in line with international                 session that prior to September 2001
      obligations, and establish laws and                   the ratification of international
      effective criminal justice structures                 conventions        was      not       that

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      encouraging, but after 2001 situation                Valid throughout the European
      had changed and some conventions                     Union, European Arrest Warrant had
      against terrorism attracted more than                replaced    extradition procedures
      150 ratifications. Apart from these                  between Member States. The panelist
      international conventions there were                 believed that this model would be
      several resolutions adopted by the                   followed at the regional and sub-
      United Nations Security Council and                  regional levels in the Asian and
      the General Assembly seeking States                  African context.
      to cooperate and counter terrorism in
                                                     7.12 While referring to the necessity of
      all its forms and manifestations. They
                                                          adopting stringent national measures
      also sought States to adopt the
                                                          the panelist mentioned that any
      necessary national legislation to give
                                                          national measure could face certain
      effect to international obligations.
                                                          challenges. One of them was the
7.10 The panelist informed the Session                    definition of terrorism. There was no
     that in addition to conventions under                definition of terrorism at the
     the auspices of the United Nations                   international level but only a
     there were also regional instruments                 definition of certain terrorist acts was
     addressing terrorism. These included                 available. The other challenge to
     Arab Convention for the Suppression                  national legislative measures was
     of Terrorism, 1988, Convention of                    related to preventive measures that
     the Organization of the Islamic                      could inhibit certain rights stipulated
     Conference         on       Combating                in respective constitutions. Therefore,
     International Terrorism, 1999 and the                there was a need to maintain balance
     OAU Convention on the Prevention                     between security and protection of
     and Combating of Terrorism, 1999.                    fundamental rights and freedoms.
     All these efforts testified that
                                                     7.13 The panelist suggested that every
     Member States could not individually
                                                          State should have an internal
     face the problem of terrorism. The
                                                          mechanism on the issue of countering
     panelist opined that States should not
                                                          terrorism. This mechanism should
     be      complacent      with      mere
                                                          have     representation     from the
     ratification/accession of international
                                                          concerned ministries and departments
     instruments. They should undertake
                                                          dealing with terrorism at various
     domestic initiatives to effectively
                                                          levels, for example, Ministry of
     implement         their     intentional
                                                          Foreign     Affairs,    Ministry     of
     obligations. These included adopting
                                                          Home/Internal Affairs and other
     national legislation, and developing
                                                          investigating agencies. This system
     executive and judicial infrastructure.
                                                          would help share the experiences of
7.11 The panelist referred to the efforts                 various ministries and departments
     being undertaken by the European                     periodically and also would help
     Union to counter terrorism. The                      them keep themselves abreast of the
     panelist    mentioned     that   the                 developments       at     international,
     establishment of the EUROPOL and                     regional and national levels on the
     the EUROJUST to enhance the                          issue of countering terrorism.
     effectiveness of the competent
                                                     7.14 After the presentations by the
     authorities within Member States
                                                          panellists, delegates presented their
     when they were dealing with the
                                                          comments and observations. These
     investigation and the prosecution of
                                                          delegations were from Japan,
     serious cross-border and organised
                                                          Pakistan,     the    Syrian    Arab
     crime. In the case of transnational
                                                          Republic, the Islamic Republic of
     crimes extradition presented major
                                                          Iran, Indonesia, the Arab Republic
     hurdle for the prosecution of
                                                          of Egypt, Kuwait, Thailand, the
     perpetrators. To overcome these
                                                          State of Qatar, People’s Republic
     hurdles EU had introduced the
                                                          of China, Sri Lanka, South Africa,
     system of European Arrest Warrant.

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      India, Senegal, the Republic of                        necessary to comply with other
      Korea, Commonwealth secretariat                        obligations        respecting       the
      and the Organization of Islamic                        fundamental rights and freedoms of
      conference. The views expressed by                     people. It was felt that any preventive
      delegates are summarised as follows.                   or other measures should respect the
                                                             judicial guarantees accorded in
7.15 Delegates unanimously condemned
                                                             accordance with national and
     terrorism in all its forms and
                                                             international obligations. Another
     manifestations. They were of the
                                                             important observation was that
     view that terrorism, wherever it took
                                                             terrorism should not be identified
     place, was a threat to the international
                                                             with any particular civilization,
     community as a whole. They were
                                                             ethnic group or religion. The use of
     against the use of terrorist activities
                                                             double standards should also be
     as ways and means of achieving
     political purposes. There was general
     approval for the existing legal regime            7.18 There was also general approval for
     against terrorism which constituted                    enhancing international cooperation
     international conventions at the                       at    the    level    of     concluding
     global and regional levels and also                    international instruments and also at
     the resolutions adopted by the United                  the level of establishing bilateral and
     Nations Security Council and the                       regional coordination particularly in
     General Assembly. There was also a                     the fields of investigation, extradition
     general consensus among delegates                      and prosecution. There was a general
     that a clear distinction should be                     consensus for the adoption of a
     made between terrorism and the                         comprehensive convention combating
     legitimate    struggles      for    self-              international terrorism. Delegations
     determination which was a well                         expressed their wish that consensus
     recognised right under international                   would       emerge       among       the
     law.                                                   international community to conclude
                                                            the comprehensive convention.
7.16 It was observed that for the fight
     against terrorism to be effective,                7.19 The question of convening a high
     measures       should       be   taken                 level conference on combating
     simultaneously in the fields of                        terrorism was raised. It was pointed
     prevention,        legislation     and                 out that the issue of convening such a
     enforcement,       and      both    the                conference had been on the agenda of
     manifestation and root causes of                       the UN General Assembly. It was
     terrorism should be tackled, with                      suggested that convening such a
     efforts focusing on the solution of                    conference should not be linked with
     underlying problems such as conflict,                  the finalisation of the draft
     poverty, social unrest and injustice.                  comprehensive        convention    on
     As for monitoring and reporting                        intentional terrorism. It was further
     systems by the UNSC Counter                            suggested that the proposed high
     Terrorism Committee, it was viewed                     level conference could address two
     that any reporting system should not                   important issues involving terrorism,
     put an excessive burden on States                      namely: the underlying causes of
     which were already struggling with                     terrorism; and the definition of
     the technicalities in implementing the                 terrorism.
     UN anti-terrorism conventions and
                                                       7.20 Several delegates explained the
     protocols. A suggestion was made to
                                                            national measures that were taken up
     adopt an integrated approach in
                                                            by their governments in the fields of
     monitoring and evaluating the work
                                                            domestic legislation, investigation
     of States.
                                                            and capacity building of the
7.17 Delegations also observed that in                      personnel.
     countering terrorism it was also

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

The Fourth General Meeting                                 African States with regard to issues
                                                           concerning the law of the sea. The
8     Agenda Item III: The Law of the
                                                           Judge mentioned that in its 10-year
                                                           existence the Tribunal had delivered
8.1   Dr. Xu Jie, DSG of AALCO while                       decisions in 13 cases on several
      introducing the item, recalled the                   issues concerning the law of the sea,
      substantial contribution made by the                 including the prompt release of
      AALCO in the negotiation and                         vessels and their crews, protection
      implementation of the United Nations                 and preservation of the marine
      Convention on the Law of the Sea                     environment,       fisheries,        the
      1982 (UNCLOS). He highlighted that                   commissioning of a nuclear facility
      Golden Jubilee celebrations of                       and the movement of radioactive
      AALCO culminated with the                            materials, reclamation activities,
      convening of its Meeting of Experts                  freedom of navigation, nationality of
      on the Emerging Issues on the United                 claims, use of force in law
      Nations Convention on the Law of                     enforcement activities, hot pursuit
      the Sea, at the AALCO Headquarters                   and the question of the genuine link
      in New Delhi on 24 November 2006.                    between a vessel and its flag State.
      The DSG then drew attention to the
                                                     8.3   The delegations from Japan, the
      following     points    for    focused
                                                           People’s Republic of China, the
      deliberations: (i) Development of
                                                           Islamic Republic of Iran, Malaysia,
      legal principles for the preservation
                                                           the Republic of Kenya, the
      and protection of marine environment
                                                           Republic of Indonesia, the Arab
      in the area beyond national
                                                           Republic of Egypt, Bangladesh,
      jurisdiction with reference to the
                                                           and the Republic of Korea made
      principle of sustainable development;
                                                           statements on the agenda item.
      (ii) Balancing coastal States’ efforts
                                                           Several delegations recalled the
      to protect marine and coastal
                                                           important contribution made by
      environment with the right of passage
                                                           AALCO in development of the
      in straits used for international
                                                           UNCLOS and hoped that the
      navigation;       (iii)     Increasing
                                                           Organization would continue to
      international efforts to meet the
                                                           remain active on this very important
      challenges posed by continuing
                                                           agenda item. The delegations
      transnational organized crime and
                                                           appreciated the convening of the
      threats to maritime safety and
                                                           Meeting of Experts by the AALCO
      security; (iv) Problem of marine
                                                           Secretariat and observed that the
      scientific research vis-à-vis freedom
                                                           discussions proved to be very fruitful.
      of navigation.
                                                     8.4   Several delegations emphasized upon
8.2   Judge Albert Hoffman, Observer
                                                           the protection of marine environment
      of the International Tribunal for
                                                           and marine biodiversity beyond areas
      the Law of the Sea, mentioned that
                                                           of national jurisdiction. A delegation
      the Tribunal valued the longstanding
                                                           noted that the rising temperature of
      relationship with AALCO and
                                                           sea water would have devastating
      followed with great interest the
                                                           impact on coastal States, particularly
      important work that it was doing
                                                           his country. A delegation highlighted
      towards strengthening the rule of law
                                                           that the sustainable development of
      in international relations. The Judge
                                                           ocean resources was important for
      commended the important role that
                                                           ensuring food security, alleviating
      AALCO and its Member States
                                                           poverty, promoting economic growth
      continued to play in the various
                                                           and preserving social stability in all
      institutions established under the
                                                           countries, especially developing
      Convention and the commitment they
                                                           countries.     Another      delegation
      showed to dealing with the many
                                                           welcomed the consideration of
      challenges confronting Asian and
                                                           “marine genetic resources” issues.

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      Several delegations drew attention to                established at the end of the second
      maritime safety and security issues.                 world war, he noted that, though the
      A delegation noted the important role                UN Convention Relating to the Status
      played by regional efforts in the                    of Refugees and its 1967 Protocol
      implementation of and compliance to                  constituted the fulcrum around which
      that effect. A delegation noted that                 the refugee protection regime
      under UNCLOS coastal states had the                  revolved, it was inadequate to cover
      right to regulate, authorize and                     all the situations that trigger the
      conduct marine scientific research in                refugee flows. He added that large
      their Exclusive Economic Zone                        scale refugee movements, protracted
      (EEZ) and Continental Shelf. Some                    refugee situations and the ‘secondary
      delegations noted that the question of               movement of refugees’ were some of
      maritime delimitation constituted one                the issues that were not adequately
      of the most important themes in the                  taken care of by the 1951 Convention
      law of the sea. However the UN                       and its 1967 Protocol. He further
      Convention on the Law of the Sea did                 added that, this was compounded by
      not provide clearly enough for the                   the practice of some States that
      methods of delimitation of maritime                  interpreted the provisions of the 1951
      boundaries.                                          Convention and its 1967 Protocol
                                                           very restrictively. While releasing the
8.5   Delegations also took note of the
                                                           joint special study conducted by
      progress of work under the
                                                           AALCO and the UNHCR entitled;
      institutions established under the
                                                           “Statelessness: An Overview from
      Convention. In this context, several
                                                           the African, Asian and Middle
      delegations expressed concern at
                                                           Eastern Perspective”, he observed
      increasing    workload     of     the
                                                           that the study was conducted with a
      Commission on the Limits of the
                                                           view to assist Member States in
      Continental Shelf (CLCS) and one
                                                           dealing with the problem of stateless
      delegation pointed out that it was
                                                           persons found in their territories. He
      further saddled by the constraints of
                                                           added that this was only the first step
      time and funding. As regards, the
                                                           in a ‘series’ of studies to be
      Meeting of States Parties to the
                                                           undertaken by both the AALCO and
      UNCLOS, some delegations were of
                                                           UNHCR in future. He expressed hope
      the view that it constituted the
                                                           that this study would be utilised by
      appropriate forum for the discussion
                                                           the Member States of AALCO as a
      on all aspects related to the
                                                           useful reference point when they deal
      implementation of the Convention.
                                                           with the problem of stateless persons
9     Agenda Item III: The Status and                      domestically.
      Treatment of Refugees
                                                     9.2   Delegations from the Islamic
9.1   Amb. Dr. Wafik Z. Kamil, SG of                       Republic of Iran, the United
      AALCO, while introducing the item,                   Republic of Tanzania, Pakistan, the
      narrated briefly on the distinguished                Republic of Indonesia, Japan,
      record of contribution of AALCO in                   Senegal, the Republic of South
      the area of protection of refugees by                Africa, the Republic of Korea, the
      enumerating of legal instruments that                Arab Republic of Egypt, Malaysia,
      AALCO has adopted so far.                            Bangladesh and the UNHCR as an
      Commenting on the importance of                      Observer, presented their views on
      the item, he stated that it could be                 the item. All the delegates
      realized from the fact that the                      highlighted the need to address the
      problem of refugees has found its                    root causes of the refugee flows in
      way to the global policy agenda.                     order to deal with the problem of
      While trying to explain the                          refugees in a comprehensive and
      shortcomings of the international                    holistic manner. Several delegates
      refugee protection regime that was                   reaffirmed the importance of the

                            Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

1951 Convention and its 1967                     9.3   The Leader of Delegation of
protocol in addressing the issues                      Malaysia stated that Malaysia would
encountered by the international                       submit its written response in due
community. The salience of the                         course on the Joint UNHCR-AALCO
principle of burden sharing in                         report     on     “Statelessness:    An
reducing the burden of developing                      Overview from the African, Asian
countries vis-à-vis hosting of                         and Middle East Perspectives” in
refugees was also stressed by a                        Chapter      2     –     Case     Study
number of delegates. One delegate                      “Statelessness and Refugee Flows in
noted that since the nature of refugee                 South East Asia” which dealt with the
movements had undergone change                         case study of Malaysia, at page 25
from that of the earlier era, any                      under the heading “The categories of
proposal to revisit the principal                      potentially stateless people and
aspects of the 1951 Convention and                     stateless people”, in the statistics
its 1967 Protocol in the light of                      provided for Sabah wherein, it was
contemporary challenges should be                      stated “that in April 1999, a National
welcomed. Another delegate opined                      Registration Department official in
that the space available to asylum                     Sabah stated that over two million
seekers was increasingly getting                       people living in Sabah did not have
reduced on account of the mixed                        birth certificates (footnote 26)”, was
migratory movements which forced                       an incorrect figure. The Leader of
States to adopt stringent immigration                  Delegation very strongly criticized
laws to prevent bogus asylum                           the inaccuracy of the information,
seekers. The delegate of the Islamic                   and said that he is a native of Sabah,
Republic of Iran stressed the                          where the population was only about
necessity of expanding the definition                  a million, and that he did possess a
of the term ‘refugee’ contained in the                 birth certificate. He mentioned that
1951 Convention so as to take into                     the voluminous authorities from the
account the views and aspirations of                   joint publication seemed to be based
Asian African States. He added that                    on     Malaysiakini,      an    internet
the OAU Convention Governing the                       newspaper, and Tenaganita, an NGO,
Specific      Aspects     of    Refugee                apart from a few other sources.
Problems in Africa of 1969 and the                     There are other newspapers and
Cartagena Declaration of Refugees of                   NGOs whose views are completely
1984 could be utilised in this regard.                 independent and more cited. He
He further maintained that the                         further strongly urged the Secretariat
principle of non-refoulement, which                    and the Secretary-General to maintain
forms the cornerstone of the refugee                   the exclusivity of the legal aspects
law, should not be interpreted                         and not to allow any political
narrowly. The delegate of the Arab                     manipulation.      The     Leader     of
Republic of Egypt made a proposal                      Delegation of Senegal also expressed
that an international conference be                    its displeasure over this inaccuracy in
convened which could focus on three                    the factual information and said that
issues; first, to try to define the term               studies prepared by AALCO in
‘refugee’, in a manner agreeable to                    conjunction with any international
all the members of the international                   organization should be verified
community. Second, to explore more                     factually. The SG assured the
ways and means within the ambit of                     delegations that he would take up the
the 1951 Convention and its protocol                   matter with the UNHCR and would
to enhance the protection available to                 issue a corrigendum to rectify this
refugees under them, and third, to                     inadvertent error.
deliberate upon the problem of
                                                 The Fifth General Meeting
financial assistance to be given to the
poor countries.                                  10    Agenda Item III: Deportation of
                                                       Palestinians and Other Israeli

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      Practices Among Them The                             the Holy City of Mecca to form a
      Massive       Immigration      and                   Palestinian     National     Unity
      Settlement of Jews in All Occupied                   Government and the Arab Peace
      Territories    in   Violation   of                   Initiative of 2002, which was
      International Law Particularly The                   reaffirmed in the nineteenth Arab
      Fourth Geneva Convention of 1949                     Summit in Riyadh (2007).
10.1 Amb. Mr. Tabatabaei Shafiei, DSG                10.2 The delegations from Pakistan,
     of AALCO in his introductory                         Islamic Republic of Iran, the Arab
     remarks stated that 9 June 2007                      Republic of Egypt, the Republic of
     marked the Fortieth Anniversary of                   Indonesia, Syria, Senegal and Japan
     the longest military occupation, in                  presented their views on the item. The
     modern history, the tragic 1967                      delegation of Malaysia submitted its
     Israeli-Palestinian conflict. The DSG                statement to the Secretariat for the
     observed that the history of forty                   purpose of official records. The
     years was of the countless deaths and                delegations highlighted the violations
     ongoing humiliation and degradation                  of international law, particularly
     of the people living in the Occupied                 international humanitarian law and
     Palestinian Territory (OPT). The                     human rights law, committed by the
     conditions in the OPT, including East                Government of Israel in the OPT. The
     Jerusalem were grim and worsening                    delegations also condemned the Israeli
     and it was absolutely essential that                 stand of not respecting the Advisory
     concrete negotiations be taken up in                 Opinion      of     ICJ      on     Legal
     earnest. The DSG outlined the                        Consequences of the Construction of a
     various violations committed by the                  Wall in the OPT. The delegations
     State of Israel against the Palestinian              emphasised the adverse effect of the
     people in violation of all norms of                  wall on the Palestinian people and the
     international      law,       including              economy. The deliberations also
     international humanitarian law and                   highlighted     the     role     of    the
     human rights law. The DSG                            international        and          regional
     highlighted that the Israel had                      communities to pressurize Israel to
     continued with its war crimes in the                 comply      with     its     international
     OPT, particularly in the Gaza Strip.                 obligations.      The         delegations
     The Israeli Government’s plan to                     welcomed the initiative of the
     remove troops and Jewish settlements                 Kingdom of Saudi Arabia for
     from the Gaza Strip had not ended                    concluding the Mecca Agreement.
     Israel’s occupation of the territory                 The delegations emphasised the need
     and Israel continued to wield                        for establishing an independent
     overwhelming power over the                          sovereign State of Palestine with Al
     territory. While condemning the                      Quds Al Sharrif as its capital as a
     construction of the separation wall,                 prelude to establishing everlasting
     the DSG welcomed the step by the                     peace in the Middle East.
     United Nations Secretary-General of
                                                     10.3 The delegation of Japan stated in the
     appointing international experts to
                                                          Session that the Government of Japan
     begin work of establishing a Register
                                                          is considering to provide direct
     of Damage caused by construction of
                                                          economic       assistance     to    the
     the wall. The DSG also observed that
                                                          Palestinians through the Office of the
     the Israel should stop the policy of
                                                          President in order to show its support
     squeezing the legitimate movements
                                                          for the President’s efforts in a
     and democratic initiatives of the
                                                          tangible manner. One delegation
     Palestinian society. The DSG
                                                          observed the atrocities committed on
     appreciated the generous initiative of
                                                          the Palestinian people by the State of
     His Majesty, King Abdullah of the
                                                          Israel constituted State Terrorism.
     Kingdom of Saudi Arabia, for his
     effort in reaching the agreement in

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

11.   Agenda Item IV: International                         Republic of Iran, the Republic of
      Criminal Court: Recent                                Kenya, the Republic of Indonesia,
      Developments                                          the People’s Republic of China and
                                                            Malaysia presented their views on
11.1 Amb. Mr. Tabatabaei Shafiei, DSG
                                                            the item. The delegations stated that
     of AALCO informed the Session that
                                                            the Court’s activities should be
     the Organization had been following
                                                            conducted in strict compliance with
     the developments related to the
                                                            “the principle of complementarity”
     International Criminal Court since its
                                                            set forth in the Statute, and stressed
     Thirty-Fifth Session, held in Manila
                                                            that National Court’s should be given
     (Philippines) in 1996. The DSG
                                                            the primary role in the prosecution of
     informed that as of 1st May 2007, 104
                                                            crimes. With regard to “Definition of
     States Parties had ratified the Rome
                                                            the Crime of Aggression” the
     Statute. The Statute recognizes that
                                                            delegations noted that it would be
     States had the primary responsibility
                                                            important to define the aggression at
     for investigating and punishing the
                                                            an early stage for the effective
     crimes     and     the     Court    was
                                                            functioning of the ICC against such
     complementary to the efforts of
                                                            crime, consistent with relevant
     States bringing to justice perpetrators
                                                            provisions of UN Charter. The
     of international crimes. The DSG also
                                                            delegation of Sudan requested
     informed that the Secretary-General
                                                            AALCO to adopt a declaration
     of AALCO has finalized the text of
                                                            questioning the jurisdiction of the
     the Memorandum of Understanding
                                                            ICC with respect to non-parties to the
     with the President of the ICC, and
                                                            Rome Statute, as two third of the
     they would soon sign it. The DSG
                                                            Member States of AALCO had not
     noted that consensus on the core issue
                                                            ratified the Statute. The delegation of
     of “Definition of the Crime of
                                                            Japan informed that its government
     Aggression”, under the Rome Statute
                                                            would ratify the Rome Statute in the
     remains      elusive.    The     Statute
                                                            middle of July 2007 and recommend
     mentions the time frame for
                                                            a Japanese candidate as Judge for
     providing the definition of the Crime
                                                            election at the end of this year.
     of Aggression under Article 121 and
     the review conference would convene              12.   Agenda Item III: Establishing
     in near future with a view to consider                 Cooperation Against Trafficking in
     any amendment to the Statute. Work                     Women and Children
     on     elaborating     an     acceptable
                                                      12.1 Amb. Mr. Reza Tabatabaei Shafiei,
     definition of the Crime of Aggression
                                                           DSG of AALCO in his introductory
     is in progress in the Special Working
                                                           remarks stated that the Secretariat
     Group on the subject constituted by
                                                           report, inter alia, focused on the
     the Assembly of States Parties. The
                                                           international obligations of a State in
     DSG also made a proposal for
                                                           combating trafficking in persons,
     convening       an      “Inter-Sessional
                                                           which included crime prevention, and
     Meeting of Experts on International
                                                           protection of human rights of the
     Criminal Law from the Asian-African
                                                           trafficked persons. He emphasised
     Region” to formulate an acceptable
                                                           that trafficking in human beings, had
     definition of the Crime of Aggression
                                                           acute security implications since the
     for AALCO Member States, which
                                                           crimes and the criminal activities
     could     then     be     placed     for
                                                           were not restricted to one State alone
     consideration of the Special Working
                                                           and transcended national borders.
     group and hoped that the proposal
                                                           The vicious circle of trafficking in
     materialises before the next Annual
                                                           persons and other organized crimes
                                                           had steadily increased the crime rates
11.2 The delegations from Japan, Sudan,                    which could be attributed to
     the Republic of South Africa, the                     internationalization of work, trade,
     Sultanate of Oman, the Islamic                        transport and communication. Such

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

     internationalization made it difficult                 legislative measures adopted in their
     for the States to combat these crimes                  respective domestic spheres for
     effectively without the active                         combating this crime. The delegates
     cooperation of other countries. It was                 stated that it was a grave violation of
     therefore essential to actively                        human rights and deprived the
     coordinate, among Member States,                       trafficked persons of their human
     initiatives for crime prevention in this               dignity, freedom of movement,
     matter. He also presented a different                  among other basic human rights.
     perspective, through the prism of                      While appreciating the Model
     protection of victim’s basic human                     Legislation      prepared     by    the
     rights, which needs to be guaranteed                   Secretariat, some of the delegates
     by the States. Further, DSG stated                     stated that it is a relevant and timely
     that the term ‘consent of the victim’,                 initiative and it should be adopted
     whether or not it is self/voluntary,                   once it was fully finalized. The
     should not be a criterion for States to                delegate of Japan suggested that there
     exempt such person from the                            should not be any duplication of work
     category of ‘genuine victims’. He                      already undertaken by other regional
     presented before the Session, the                      initiatives like the Bali process. The
     revised Model Legislation against                      Delegation of the Republic of
     Trafficking in Persons Especially                      Indonesia submitted to the Secretariat
     Women and Children, which the                          its national law No. 21/2007 on the
     Secretariat had prepared complying                     eradication of the criminal act and
     with the mandate given to it by the                    trafficking in persons as a proposed
     Member States in one of its previous                   model law for AALCO. The
     Sessions. He stated that the need for                  Delegation of the Islamic Republic of
     such revision arose since the previous                 Iran stated that the human rights
     Model Legislation which the                            norms and obligations should be
     Secretariat had prepared was in the                    observed, for victims and witnesses
     form of a model convention. On                         who are trafficked in different stages
     behalf of the Secretariat, DSG urged                   of investigations and prosecutions in
     the Member States to send their                        the receiving States.
     valuable comments and suggestions
                                                      13.   Agenda Item III: Human Rights in
     on the Preamble and the first set of
     revised draft articles of the proposed
     Model Legislation.                               13.1 Amb. Reza Tabatabaei Shafiei,
                                                           DSG of AALCO in his introductory
12.2 The delegations from Senegal,
                                                           remarks stated that the AALCO
     Tanzania, the Republic of South
                                                           Secretariat had been seriously
     Africa, the Republic of Indonesia,
                                                           involved in the research for the past
     the State of Qatar, Thailand, the
                                                           five years on this topic. All the
     Republic of Malaysia, the Islamic
                                                           studies were prepared in a
     Republic of Iran, Japan, the
                                                           comparative framework involving
     Republic of Kenya and the State of
                                                           international and national legal
     Kuwait presented their views on this
                                                           systems. During the process of
     item. The delegates reiterated that
                                                           research the Secretariat found that the
     trafficking     in    human   beings,
                                                           Islamic legal system was unique in
     especially women and children was a
                                                           various aspects, even though there
     very heinous crime and even after
                                                           might be no fundamental differences
     being repeatedly addressed at
                                                           in several aspects with the
     international, regional and bilateral
                                                           international and national human
     levels, it still remains a significant
                                                           rights    framework.      The    DSG
     issue and need to be effectively
                                                           explained that the report examined
     combated through cooperation among
                                                           the overarching theme of peace over
     Member        States.    They     also
                                                           human rights in Islam, to emphasize
     highlighted the legislative and non-
                                                           that Islam was a religion of peace in

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      general, and human rights in Islam                   all Member States and experts who
      was nourished from the theme of                      had participated in the Meeting.
      peace. The implication was to show                   Malaysia also acknowledged the
      how wrong were those advocates of                    financial     contribution    of    the
      Western propaganda that link Islam                   Government of the Kingdom of Saudi
      with acts of terrorism. The DSG                      Arabia and noted that Saudi Arabia’s
      informed that the report contained a                 unwavering support and interest in
      summary of the Meeting of                            the issues had largely contributed to
      International Experts on Human                       the success of the meeting. One
      Rights in Islam (MIEHRI), held in                    delegate highlighted the sacredness of
      Kuala Lumpur, Malaysia (15-19 May                    human life. Another delegate was of
      2006)      co-organized    by     the                the view that AALCO should be able
      Governments of Malaysia and the                      to provide delegates an arena for
      Kingdom of Saudi Arabia in                           sharing best practices and lessons
      collaboration with the AALCO                         learned on advancing human rights
      Secretariat. The Meeting was a great                 norms and standards, be it universal
      success in highlighting the human                    or from the perspectives of Islam.
      rights principles in Islam. The                      Some delegates explained the specific
      Meeting covered almost all important                 laws in their domestic legal system
      aspects relating to the topic. The                   that protects human rights. Other
      DSG highlighted that an objective                    delegates        explained        their
      research could reduce the negative                   participation in the international and
      characterizations of Islamic society                 regional human rights instruments
      and religion in both popular and                     and initiatives.
      academic literature, particularly to
                                                     14.   Agenda Item V: WTO as a
      eliminate ill-founded generalizations
                                                           Framework Agreement and Code
      about Islamic ways of thinking,
                                                           of Conduct for World Trade
      believing or living.
                                                           The Secretary-General stated that as
13.2 The delegations from Pakistan,
                                                           the Meeting was behind schedule and
     Republic of Indonesia, Malaysia,
                                                           as the issues had been extensively
     Islamic Republic of Iran, the Arab
                                                           discussed during the Special Meeting
     Republic of Egypt and the State of
                                                           on “International Investment, Trade
     Qatar presented their views on the
                                                           and Development” held on 4 July
     item. The delegations highlighted the
                                                           2007, he suggested that the item on
     human rights principles enshrined in
                                                           ‘WTO as a Framework Agreement
     Islam. The delegates felt that Islam is
                                                           and Code of Conduct for World
     a religion of peace and condemned
                                                           Trade’ could be considered as a non-
     linking religion to terrorist acts.
                                                           deliberated. However, the Member
     Some delegations observed that the
                                                           States were requested to submit their
     first international manifesto of the
                                                           written statements to the Secretariat
     fundamental human rights was found
                                                           for being reflected in the Summary
     in the Last Sermon of the Prophet
                                                           Record of the Forty-Sixth Session.
     Muhammad (Peace be upon him).
     The delegates pointed out that Islam            The Reconvened Fifth General Meeting
     granted certain basic human rights to           15.   Agenda Item IV: An Effective
     all people, irrespective of their race,               International Legal Instrument
     nationality, ethnic origin or language                against Corruption
     and Islam recognized equality
     between people. The delegate of                 15.1 Dr. Xu Jie, DSG of AALCO in his
     Malaysia focused on the outcome of                   introductory remarks recalled the
     the MIEHRI and expressed its sincere                 Secretariat     studies      namely,
     gratitude to the Kingdom of Saudi                    Combating Corruption: A Legal
     Arabia,      Secretary-General       of              Analysis (2005) and Rights and
     AALCO and the AALCO Secretariat,                     Obligations under the United Nations

                                 Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

     Convention      against     Corruption                considerable work to be done for the
     (2006) prepared during the Forty-                     effective implementation of the
     Fourth and Forty-Fifth Sessions,                      Convention. Some delegates noted
     which were well received by the                       there was urgent need to provide for
     Member States. The DSG noted that                     an implementation mechanism, which
     the     UN      Convention      against               the current text was lacking. Further,
     Corruption (UNCAC) which entered                      the delegates noted that States should
     into force on 14 December 2005,                       enhance         their       international
     would indeed become the global                        cooperation in asset recovery. One
     standard for a strong international                   delegate noted that the proceeds of
     anti-corruption regime, and its                       corruption were utilized to fund
     adoption marked the larger trend                      terrorism, trafficking etc.
     towards       greater     international
                                                     15.3 All delegations shared their national
     regulation of corruption in public and
                                                          experiences in providing a legal
     private life. The DSG noted that in
                                                          framework for combating corruption,
     order to realize the objects and
                                                          particularly the implementation of
     purpose of the Convention, it should
                                                          obligations under the UNCAC. Some
     be effectively implemented. The most
                                                          delegates explained the efforts
     important issues for the Convention
                                                          currently undertaken by them for the
     were the implementation mechanism,
                                                          ratification of the Convention. Some
     asset    recovery     and     technical
                                                          delegates urged Member States to
     assistance. He suggested that as
                                                          ratify the Convention as soon as
     recommend by some Member States
                                                          possible      and     proposed      the
     during the earlier Sessions, a Group
                                                          establishment of regional cooperation
     of Legal Experts could be established
                                                          among the Asian and African
     to prepare a Model Law in line with
                                                          countries. One delegate noted that
     the     UN      Convention      against
                                                          there was a need for bilateral
     Corruption, so that the objectives of
                                                          agreements for extradition and
     the      Convention      could       be
                                                          mutual legal assistance to enhance
     implemented at the national level.
                                                          their ability to combat transnational
15.2 The delegations from the Islamic                     crimes, including corruption. Most
     Republic of Iran, the State of                       delegates expressed the need for
     Qatar, the Republic of Indonesia,                    technical assistance and capacity
     Thailand, Nepal, Pakistan, the                       building and in this regard, noted that
     Republic of South Africa, the State                  AALCO’s international experience
     of Kuwait, the Republic of Kenya,                    and expertise could be utilized.
     the People’s Republic of China,
                                                     16.   Agenda Item IV: Expressions of
     Sudan and the Kingdom of Saudi
                                                           Folklore and its International
     Arabia presented their views on the
     topic and the Arab Republic of
     Egypt and Malaysia circulated their             16.1 Amb. Dr. Wafik Kamil, Secretary-
     statements to be reflected in the                    General of AALCO in his
     Report of the Forty-Sixth Session. All               introductory remarks informed that
     the delegates highlighted the urgent                 the IGC had so far convened ten
     need to combat corruption at the                     sessions and made considerable
     national, regional and international                 progress in formulating flexible
     levels. The delegates also welcomed                  policy objectives and core principles
     the adoption and entry into force of                 for the protection of expressions of
     the UNCAC and agreed that the                        folklore.     SG called on the
     Convention would certainly become a                  developing countries, which were the
     universal instrument in the fight                    owners of the major resources, to be
     against corruption. The delegates                    able to agree among themselves a
     noted that the First Conference of                   best possible protection model.
     Parties to the UNCAC have before it                  Further, SG informed the Member

                                  Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

      States that the Sultanate of Oman had                  consideration different culture and
      agreed in principle to organize an                     other issues related to them before
      expert group meeting/seminar on this                   affording the protection, by laying
      agenda item. He drew the attention of                  down      guidelines     and     model
      the     Session     to   focus    their                provisions rather than strict rules.
      deliberations on three heads: (i)                      The delegate of the Republic of
      Prevention       of    the      misuse,                Indonesia hoped that the AALCO
      misappropriation and protection and                    recommends an in-depth study on the
      expressions      of    folklore,    (ii)               exploitation of intangible expressions
      Establishing an international binding                  of folklore. This study was expected
      legal instrument to safeguard the                      to give recommendation on the
      rights of expressions of folklore, and                 measures which could be taken by
      (iii) creating awareness amongst the                   the Members of AALCO in providing
      Member States to utilize the                           effective protection for the intangible
      voluntary fund setup by the WIPO for                   expressions of folklore.
      the indigenous communities and
                                                       17.   Agenda Item I: Report on
      other international organizations to
                                                             AALCO’s Regional Centre for
      participate in the IGC meeting.
16.2 Delegations from the Islamic
                                                       17.1 Dr. Xu Jie, DSG of AALCO briefed
     Republic of Iran, the Sultanate of
                                                            the work and development of the
     Oman and the Republic of
                                                            AALCO’s Regional Centres for
     Indonesia presented their views on
                                                            Arbitration and invited the Directors
     the item. The Arab Republic of
                                                            of     the    AALCO’s       Regional
     Egypt circulated their statement to be
                                                            Arbitration Centres to present their
     reflected in the Report of the Forty-
     Sixth Session.         The delegates
     highlighted that the expressions of               17.2 The report of Dato’s Noorashikin
     folklore cover many forms of                           Binti Tan Sri Abdul Rehim, Acting
     folkloric expressions and developing                   Director, Kuala Lumpur Regional
     countries have traditionally given                     Arbitration Centre, highlighted the
     more importance to these expressions                   activities of the Centre since the last
     of folklore as they form an integral                   Session.
     part of their cultural identity. The              17.3 Mr. Moshkan Mashkour, Director,
     delegates said that the existing IPR                   Tehran Regional Centre for
     regime for the protection of folklore                  International            Commercial
     was insufficient for protecting against                Arbitration, presented his report on
     abuses and misappropriation of                         activities of the Centre since the last
     expressions     of     folklore    and                 Session.
     traditional knowledge. One delegate
     called for proper means to face up                18.   The Third Meeting of the
     illicit and unfair exploitation of                      Delegations of AALCO Member
     folklore and traditional knowledge                      States
     and further emphasized that the
     principle of prior informed consent                     Adoption of the Resolutions
     and benefit sharing should be                     18.1 The following Resolutions were
     recognized and applied. Another                        adopted at the Third Meeting of the
     delegate explained the importance of                   Delegations of AALCO Member
     the agenda item and their country’s                    States on 6 July 2007:
     active involvement to protect and
     promote the expressions of folklore.                    RES/46/ORG 1 Report         of   the
     The delegate stressed the need for sui                  Secretary-General on Organizational,
     generis right in the legal instruments                  Administrative and Financial Matters
     to protect expressions of folklore and                  RES/46/ORG 2 AALCO's Budget
     emphasized the need to take into                        for the year 2008

                            Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

RES/46/ORG 3 Report on AALCO                          RES/46/SP 1      Resolution on the
Regional Centres for Arbitration                      Special Meeting on “International
RES/46/ORG 4         AALCO's Centre                   Investment, Trade and Development”
for Research and Training                             RES/46/SP 2      Resolution on the
RES/46/ORG 5 Report on the                            Special Meeting on “International
AALCO’s Permanent Headquarters                        Cooperation       in     Countering
Building                                              Terrorism”
RES/46/ORG 6 Admission               of
Republic of Cameroon as a Member                      Venue of the Forty-Seventh Session
State of the Organization
                                                18.2 The Secretary-General noted that as
RES/46/S 1         Matters Relating to
                                                     the Forty-Seventh Session would be
the Work of the International Law
                                                     of special nature, he was still in
Commission at its Fifty-Eighth
                                                     consultation with many Member
                                                     States regarding the venue. As soon
RES/46/S 2         The Law of the Sea
                                                     as he receives a final invitation from
RES/46/S 3         The Status and
                                                     any Member States for holding the
Treatment of Refugees
                                                     Session, or any other substantive
RES/46/S 4         The Deportation of
                                                     information, he would duly inform
Palestinians and Other Israeli
                                                     the same to the Member States.
Practices Among Them the Massive
Immigration and Settlement of Jews                   Adoption of Summary Report
in All Occupied Territories in
Violation of International Law                  18.3 The Summary Report of the Forty-
Particularly the Fourth Geneva                       Sixth Session of the Asian-African
Convention of 1949                                   Legal Consultative Organization was
RES/46/S 5         Legal Protection                  adopted.
on Migrant Workers                              18.4 The Provisional Summary Record of
RES/46/S 6         Extra-Territorial                 the First and Second Meeting of the
Application of National Legislation:                 Delegations of AALCO Member
Sanctions Imposed Against Third                      States and the First to Fifth General
Parties                                              Meetings were distributed. Member
RES/46/S 8         Establishing                      States were requested to review the
Cooperation Against Trafficking in                   Provisional Summary Record and
Women and Children                                   submit their views/suggestions to the
RES/46/S 9         The International                 Secretariat within the next two
Criminal          Court:         Recent              months, i.e, by 21 August 2007, after
Developments                                         which the Summary Records would
RES/46/S 10        Environment and                   be finalized.
Sustainable Development
RES/46/S 11        An         Effective         19.   The Sixth General Meeting
International     Legal     Instrument
against Corruption                              19.1 During the Sixth General Meeting the
RES/46/S 12        Report on the                     President      summarized        the
Work of UNCITRAL and Other                           accomplishments of AALCO at its
International            Organizations               Forty-Sixth Session and thanked all
Concerned with International Trade                   those who made the Session a
Law                                                  success.
RES/46/S 13        WTO         as     a
                                                      Closing Statements
Framework Agreement and Code of
Conduct for World Trade                         19.2 Several delegations, on behalf of the
RES/46/S 14        Expressions of                    Member States, Observer States and
Folklore and its International                       International          Organizations,
Protection                                           expressed their appreciation to all the
RES/46/S 15        Human Rights in                   delegations, the President and Vice-
Islam                                                President, the Secretary-General, the

                               Verbatim Record of AALCO’s Forty-Sixth Session: Cape Town, 2007

     AALCO      Secretariat   and    the
     Government of the Republic of South
     Africa for hosting the Forty-Sixth
19.3 Ambassador Dr. Wafik Z. Kamil,
     Secretary-General    of    AALCO,
     delivered a "Message of Thanks"
     addressed to His Excellency Thabo
     Mbeki, President of the Republic of
     South Africa. He also expressed his
     gratitude to all the delegates, the
     President and the Vice-President of
     the Session, the Secretariat and all
     those involved with organizing and
     hosting the Session.
19.4 The President of the Forty-Sixth
     Session, Her Excellency Ms. Brigitte
     Sylvia Mabandla, Minister for Justice
     and Constitutional Development,
     Government of the Republic of South
     Africa closed the Session.


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