AALCO Asian-African Legal Consultative Organization Fifty-Second Annual Session 9 to 12 September 2013 Headquarters, New Delhi, India SUMMARY REPORT OF THE FIFTY-SECOND ANNUAL SESSION OF THE ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION 1. Introduction 1.1 36 Member States of the Asian-African Legal Consultative Organization (the AALCO) participated in the Fifty-Second Annual Session (hereinafter "the Session") namely, Arab Republic of Egypt, Bangladesh, Brunei Darussalam, People's Republic of China, Republic of Cyprus, Ghana, Republic of India, Republic of Indonesia, Islamic Republic of Iran, Japan, Kenya, Democratic People’s Republic of Korea, Republic of Korea, State of Kuwait, Libya, Malaysia, Mauritius, The Republic of the Union of Myanmar, Nepal, Federal Republic of Nigeria, Sultanate of Oman, Pakistan, State of Palestine, State of Qatar, Kingdom of Saudi Arabia, Singapore, Republic of South Africa, Democratic Socialist Republic of Sri Lanka, Sudan, Syria, United Republic of Tanzania, Thailand, Turkey, Uganda, United Arab Emirates and Republic of Yemen. 1.2 Representatives of the following Regional Arbitration Centres of AALCO were also present: Kuala Lumpur Regional Centre for Arbitration (KLRCA), and Regional Arbitration Centre for International Commercial Arbitration, Lagos (RCICAL). 1.3 In accordance with Rule 18 (1) of the Statutory Rules, the following Observers were admitted to the Session: (i) Representatives from the following Non-Member States: Islamic Republic of 1 Afghanistan, Republic of Fiji and Republic of Madagascar; (ii) Representatives of the following International Organizations: African-Asian Rural Development Organization (AARDO); United Nations Office for Drugs and Crime (UNODC); United Nations High Commission for Refugees (UNHCR) and International Committee of the Red Cross (ICRC). 2. Inaugural Session 2.1 The Session commenced on 9 September 2013 with the Master of Ceremonies welcoming all the Delegations to New Delhi, the Headquarters of AALCO, for the Fifty- Second Annual Session. 2.2 His Excellency Prof. Dr. Rahmat Mohamad, Secretary-General of the Asian-African Legal Consultative Organization (AALCO) welcomed all the delegates and attendees. He further welcomed His Excellency Mr. E. Ahamed, the Minister of State for External Affairs, Government of India and thanked him for sparing his valuable time amidst his busy schedule. It was stated that his presence reassured AALCO of India’s prominent role in the development and continued support for the Organization since its foundation in 1956. It was pointed out that the presence of such a large number of Ministers and Attorney Generals heading the delegations signified that AALCO was important to them and he thanked them all for their gracious presence. He then stated that the Government of India has always been a generous host of AALCO by providing it with the Permanent Headquarters in the prestigious Diplomatic Enclave in Delhi and rendering financial assistance in times of need. He then recalled that this was the fourth Headquarters Annual Session that was being conducted by the AALCO Secretariat at New Delhi and stated that the government of India has always rendered all possible assistance for the smooth conduct of these Sessions and for this he stated that the Organization owed a special thanks to the Government of India. 2.3 Prof. Dr. Mohamad then stated that the AALCO Statutes envisaged the conduct of the Headquarters Session only in the event of none of the Member States coming forth to host the same and he pointed out that this option was to be exercised only as a matter of last resort considering the huge financial burden on the Organization in addition to the strain on the logistics and manpower resources. 2.4 Prof. Dr. Mohamad pointed out that the year 2013 marked the completion of 57 years since the establishment of AALCO and recalled the important contributions made by the Organization. He asserted the continuing relevance of the Organization in the context of several of its Member States being threatened with impending attack by powerful nations without following the due process of law. He then pointed out that these situations pointed towards the basic questions concerning the nature of international law and how far states adhere to it. He then referred to the gradual growth in the membership of the Organization from seven to forty-seven over the years and the important position that the Organization occupies in the international legal community. He then highlighted the diverse functions undertaken by AALCO over the years and the role it plays in assisting 2 the preparation of the Asian-African Countries for the Plenipotentiaries Conferences, convened to codify and develop international law. At this juncture he recalled the contributions of the Organization towards the development of the law of Sea, Convention on Diplomatic Relations and the Rome Statute of the International Criminal Court etc. Recalling the other diverse roles played by the Organization in the codification and progressive development of international law, he pointed out the need to ensure that the Organization remains on a strong ideological foundation and enjoys firm financial support. He then briefly listed the topics earmarked for deliberations and the two half day special meetings. 2.5 Hon’ble Mohammed Bello Adoke SAN, Attorney General and Minister of Justice, Federal Republic of Nigeria and President of the Fifty-First Annual Session of AALCO welcomed all the delegates and delivered the keynote Address at the Session. On behalf of his delegation, he expressed his profound gratitude to His Excellency Prof. Dr. Rahmat Mohamad, the Secretary-General of AALCO and the AALCO Secretariat for extending a very warm welcome and hospitality and for the excellent arrangements made to ensure a successful Session. Particularly, he commended the Secretary-General and the Secretariat for the preparation of the documents relating to the Annual Session. 2.6 He extended his sincere gratitude to the honourable Ministers, Heads of Delegations, Distinguished Delegates and Observes and the Panelists for the two Half-Day’s Special Meetings. The President gave an overview of the topics for deliberation during the Annual Session and stated that they were of immense significance for the Member States of AALCO and other developing countries. These included the agenda items like Environment and Sustainable Development, Law of the Sea, Challenges in Combating Corruption, International Law Commission, Statehood of Palestine and Extra-territorial application of national legislation. 2.7 It was recalled that since its inception in 1956 post-Bandung Conference, which brought together the then newly independent states of Asia and Africa on a common footing, AALCO has come a long way. AALCO had received an important position among international legal community with increased membership and for its ‘insightful prism’ on legal issues. In relation to the work of the International Law Commission (ILC), as a member of the pre-eminent body vested with the codification and progressive development of international law, he attested the work of ILC and its contributions particularly to the Asian and African States. He stated that ILC was a forum composing members from these States, which could articulate their views & concerns, in relation to the topics on the agenda of the ILC, and became very important in the law-making process. In that regard, he stated that the contribution of Special Rapporteurs of the ILC in channelling the views of Asian-African States in compiling the views in their Reports and draft articles, were very commendable. The AALCO having been statutorily mandated to follow the work of the ILC contributes by transmitting the views of its Member States to the Commission. 2.8 Emphasizing on the significant role of Secretary-General in steering the activities of AALCO, the President informed the Member States about the initiatives of the Secretary- 3 General in convening the Annual Meeting of the Legal Advisors of the Member States of AALCO at the UN Headquarters at New York. He also congratulated Dr. Roy Lee, Permanent Observer of AALCO to the United Nations, New York for the arrangements at the Legal Adviser’s Meeting. The determination and shared commitment of AALCO Member States, during the meeting, despite the hurricane Sandy was very appreciable. He recalled the meeting with the Secretary-General at the Eleventh Session of the Assembly of States Parties to the International Criminal Court (ICC) in November 2012 at The Hague, Netherlands, where he delivered an important Statement clearly highlighting the concerns of the Asian-African states in relation to the work of the ICC. 2.9 The President acknowledged the increased activities of AALCO in the form of seminars/training programmes on a number of areas of critical concern to its Member States and commended the untiring efforts and commitment of the Secretary-General in conceptualizing and executing those programmes, despite the financial constraints. He referred to the Seminar on Climate Change and the Legal Experts Meeting to commemorate the 30th Anniversary of UNCLOS, which were convened by the AALCO Secretariat. As the President of the Fifty-First Annual Session of AALCO, he urged the Member States of AALCO who were in arrears to pay their assessed contributions within a reasonable period for facilitating AALCO to be on a sound financial footing. He wished the session very fruitful discussions. 2.10 The Chief Guest, Hon. Shri. E. Ahamed, Minister of State for External Affairs, Government of India, delivered the inaugural address. Mr. Ahamed welcomed the delegates and the attendees present on behalf of himself and the Government of India. 2.11 He stated that International Law no longer governed just the relations between States but that in the face of rapid globalization it was now encompassing territories that were once considered to be in the domain of the domestic laws. It was stated that there were no longer any domains of national interest untouched by international law.