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A Rare and Precious Commodity
Francis Neate, President of IBA
     

When Tony Blair supports lengthy detentions without trial, or the use of evidence obtained by torture, he reveals his contempt for the values that we have fought for centuries to establish. When he tells our judges not to interfere with the will of Par­liament, he ignores the basic prin­ciples of the rule of law, especially the fundamental importance of the separation of powers. Far worse, the consequence is to encourage leaders in other countries who do not even pretend to share our val­ues, to continue to abuse their pow­er. The evidence of history, the evi­dence all around us, demonstrates the fragility of the rule of law. We must all join forces to protect it.

The International Bar Associa­tion (IBA) is launching a world­wide campaign to promote the rule of law. The group is the lead­ing international organization of lawyers, its members comprising more than 190 Bar associations and law societies and more than 20,000 individuals, mainly promi­nent international practitioners.

At its recent conference, the coun­cil passed the following resolution:

“The International Bar Associa­tion… deplores the increasing erosion around the world of the rule of law. The IBA welcomes re­cent decisions of courts in some countries that reiterate the prin­ciples underlying the rule of law. These decisions reflect the funda­mental role of an independent ju­diciary and legal profession in up­holding these principles. The IBA also welcomes and supports the efforts of its member Bar Associa­tions to draw attention and seek adherence to these principles.”

“An independent, impartial ju­diciary; the presumption of in­nocence; the right to a fair and public trial without undue delay; a rational and proportionate ap­proach to punishment; a strong and independent legal profession; strict protection of confidential communications between lawyer and client; equality of all before the law; these are all fundamental principles of the rule of law. Ac­cordingly, arbitrary arrests; secret trials; indefinite detention without trial, cruel or degrading treatment or punishment; intimidation or cor­ruption in the electoral process; are all unacceptable.”

“The rule if law is the foundation of a civilized society. It establish­es a transparent process acces­sible and equal to all. It ensures adherence to principles that both liberate and protect. The IBA calls upon all counties to respect these fundamental principles. It also calls upon its members to speak out in support of the rule of law within their respective communi­ties.”

This is an authoritative statement on behalf of the world’s legal pro­fession. It comes at a crucial time when the United States and United Kingdom, long seen as models of respect for the rule of law, are let­ting their standard slip. What can I say to my colleagues in the Zim­babwe Law Society when Presi­dent Mugabe says to them #I pass the law, then I enforce it; I am complying with the rule of law?

The rule of law is a rare and pre­cious commodity. It is the only method yet devised to control the arbitrary exercise of state power. We are incredibly lucky to live our country. Much of the world does not have the rule of law and lives in fear, misery and poverty. Recent advances of democracy in parts of the world create opportunities to establish the rule of law. Look at the eagerness with which the coun­ties of Eastern Europe wish to join the EU. It is not just for prosperity, it is also for peace and freedom. This comes with the rule of law.

     
 
 
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