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 organisation 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 of law is the foundation of a civilised 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 countries 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.”
Advertisement
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 standards 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 in 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 countries 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.
The author is president of the International Bar Association