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Towards Asian-African legal cooperation
Published in Al-Ahram Weekly on 31 - 12 - 2014

As a founding member of the Asian-African Legal Consultative Organisation (AALCO), Egypt has actively contributed over the years to promoting legal cooperation between Asian and African countries and coordinating their positions in the field of international law.
AALCO originated in the Asian Legal Consultative Committee, constituted on 15 November 1956 as an outcome of the historic Asian-African Conference held in Bandung, Indonesia, in April 1955. Seven states — Egypt, India, Indonesia, Iraq, Japan, Burma and Sri Lanka — had been the founding members. In 1958, the name was changed to Asian-African Legal Consultative Committee in order to enable African countries to become members. And in 2001, in recognition to its growing stature, its status was raised to a full-fledged international organisation with headquarters in New Delhi, and currently comprising 47 member states from Asia and Africa.
Throughout the years, Egypt has strongly supported AALCO and its mission. It has played host to some of its annual high-level sessions. An Egyptian secretary-general of the organisation has exercised that high function for a period of two full terms (2000-2008), and Cairo has been chosen as a major location for one of AALCO's five Regional Arbitration Centres in Africa and Asia. Since its establishment, the Cairo centre has been most active in settling disputes relating to economic and commercial transactions in the Asian and African regions.
Over the past 58 years, AALCO has played, with Egypt's participation, a positive role in enhancing legal cooperation among its member states and contributing towards the evolution of legal concepts on contemporary issues of international law.
By the same token, it has fostered and strengthened the spirit of Asian-African identity, which had given birth to the organisation.
In its active involvement in the law-making process, AALCO made valuable contributions in the fields of diplomatic law, the law of treaties, the law of the sea, human rights and international humanitarian law, international criminal law, environmental law, etc.
In pursuance of its objectives, AALCO recently held its 53rd annual session in Tehran, a high level meeting attended by Egypt, Arab states, and most member countries from Asia and Africa. I was invited by the organisation to participate in the session, together with other experts in international law. A variety of legal issues of concern to member states were debated over four days of meetings. One of the most important issues discussed was the serious threat of violent extremism and terrorism that has lately spread in many countries of the Asian and African regions. It is obvious that it constitutes a great concern to all member states since it threatens the security and wellbeing of their societies. Any advocacy of national, racial or religious hatred should be strongly condemned as an incitement to discrimination and violence. In reality, however, only a collective response from the international community can overcome that evil of violent extremism in all its forms and manifestations.
The spread of violence and terrorism has also often resulted in the transformation of entire populations in refugees and displaced persons, whose plight has nowadays become a serious humanitarian issue. It is a problem that requires a comprehensive approach by the international community, including addressing root causes, strengthening emergency preparedness and response, providing effective protection, and achieving durable solutions.
Another important issue discussed at the conference was the continuing deterioration of the situation in the occupied Palestinian territories, including East Jerusalem and the Gaza Strip. Israel has continued the deportation of Palestinians from their homeland, the violation of the human rights of the Palestinian people through the excessive use of force, the imposition of collective punishment, the confiscation of land, the destruction of property, the establishment and expansion of settlements, etc. All these practices and policies are serious violations of the Charter of the United Nations, the Universal Declaration of Human Rights, and the Geneva Conventions (in particular the Fourth Geneva Convention of 1949 Relative to the Protection of Civilian Persons in Time of War). Israel is therefore under legal and moral obligations to refrain from such actions, end its occupation and ensure the return of refugees and displaced Palestinians to their homes, as well as the restoration of their properties in compliance with relevant UN resolutions. In that regard, Asian and African countries should actively work towards ensuring respect by Israel of its obligations under international law, and contributing to a just and lasting settlement of the Palestinian issue.
On the topic of the environment, an issue of priority to all countries, participants at the conference expressed their deep concern about the deteriorating state of the global environment. Indeed, climate change is one of the greatest challenges of our time. However, that challenge can only be met through stronger international cooperation between all counties, developed and developing ones. In that context, countries from Asia and Africa could play a leading role in enhancing regional and world cooperation on protection of the environment.
In addition to those topics, the meeting of AALCO devoted its attention to the legal subjects being studied by the United Nations International Law Commission, since it is required under its statute to forward its views on those subject to the commission. Those views are often taken into account by the commission when it carries out its mandate in the field of codification of international law and its progressive development by drafting international legal principles and treaties. As an Egyptian member of the commission, I had the honour to address the AALCO meeting and report on the current work of the commission and the topics of contemporary importance it is considering.
I may conclude by stating that AALCO's recent annual session has demonstrated the close cooperation between the organisation and the UN International Law Commission in the field of international law. In fact, AALCO has continuously worked over the years in order to ensure adequate reflection of Asian-African concerns in the commission's work. This should be welcomed and encouraged by all Asian and African countries.
I strongly believe that at a time when international law is facing tremendous challenges in today's world, it is of paramount importance for AALCO members to be actively involved in the formation of rules of international law that reflect their vital interests and legitimate concerns.

The writer is former assistant minister of foreign affairs for legal affairs.


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