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 world-wide 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 coun¬cil 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.
|