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2002 Legislative and Governmental Priorities

Rule of Law: International Organizations

Background · Current Status · ABA Policy · Key Points · Links


Background

One of the ABA’s primary goals is to advance the rule of law in the world. In furtherance of that goal, the ABA strongly supports adequate funding for international organizations that promote democratization and the development of the rule of law - in particular, the ABA supports the prompt payment of the United States’ obligations to the United Nations for its general assessments and peacekeeping expenses.

During the 106th Congress, legislation was enacted to authorize the repayment of U.S. arrears owed to the United Nations. The measure, commonly referred to as the Helms-Biden agreement, authorizes $926 million over three years - the payment of $819 million of debt the U.S. owes the U.N. and the forgiveness of $107 million the U.N. owes the U.S. The payment plan authorizes the release of the arrears in three stages upon certification that certain reforms have been enacted by the U.N. and requires the U.N. to accept the $926 million package as full repayment for the approximately $1.56 billion it has assessed in U.S. arrears. The first payment of $100 million was made in the fall of 2000.

On December 23, 2000, the U.N. General Assembly approved an agreement to revise the scales of assessment for the U.N. regular and peacekeeping budgets -- a requirement for the release of the second of the three payments under Helms-Biden. The agreement lowers the U.S. assessment rate for the regular budget from 25 percent to 22 percent, and for the peacekeeping budget, from nearly 31 percent to 26 percent over the next several years. On February 7, 2001, the Senate passed S. 248, a bill that made the required changes to allow the release of the second payment of $582 million. The House passed S. 248 in September 2001. The president signed the bill into law (P.L. No. 107-46) on October 5, 2001.

Current Status

H.R. 1646, the 2002-2003 State Department Authorization bill, passed the House on September 25, 2002, and the Senate on September 26, 2002. This legislation authorizes the release of the final $244 million payment due under the Helms-Biden agreement and released an additional $78 million to cover a shortfall in recent peacekeeping payments. It also raises the cap on U.S. contributions to UN peacekeeping missions, authorizes the U.S. to pay its dues on time for the first time in almost 20 years, and authorizes funds that will allow the U.S. to rejoin the UN Educational, Scientific and Cultural Organization (UNESCO). President Bush signed this legislation on September 30, 2002 (P.L. 107-228).

 

ABA Policy

The ABA supports Congressional appropriation of funds for the full and prompt payment of arrears owed by the U.S. to the United Nations for general and peacekeeping assessments, and opposes linking the payment of arrears to any actions by the UN or its bodies. In addition, the ABA supports funding for organizations and programs that assist in the establishment of rule of law abroad, including the United Nations Development Program, and International Monetary Fund and the World Bank Group.

Key Points

  • Payment of U.N. Assessments

    Payment of assessed contributions to the United Nations is a legal obligation owed by all member states under Article 17 of the U.N. Charter. It is inconsistent with that legal obligation to condition payment of U.S. assessments on either reform or reorganization at the United Nations, or to link payment to restrictions on funding for specific programs.

    Failure to pay our financial obligations damages U.S. political credibility and marginalizes U.S. influence on the very reforms it seeks to implement at the U.N. If we fail to pay our assessed contributions, we do grave damage to our ability to insist that other countries abide by their international agreements, undermine our leadership role in strengthening human rights and erode the nation’s commitment to expanding the rule of law in the world.

  • United Nations Development Program

    UNDP delivers high-quality, high-impact assistance to developing countries to strengthen legal institutions, promote sustainable democratic development and provide an environment conducive to the adoption of a free market economy.

    U.S. security interests are served by UNDP governance programs. Countries with effective governance structures are less likely to experience internal conflicts that create pressure for international intervention. In addition, U.S. economic interests benefit when developing countries improve their institutions of governance. UNDP assists countries in establishing stable and transparent legal systems needed to encourage private sector investment and promote trade in goods and services.

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Last Updated: November 12, 2002

Background · Current Status · ABA Policy · Key Points · Links

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Independence of the Judiciary: Erosion of the Judicial Process

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Legal Services Corporation

Rule of Law: International Organizations

Rule of Law: International Treaties

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