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	Promoting the rule of law by Dr. Asha-Rose Migiro United Nations Rule of Law Office   Promoting the rule of law at both the national and international levels is at the very heart of the United Nations’ mission. The principle that everyone – from the individual right up to the State itself – is accountable to laws that are equally enforced and independently adjudicated is a fundamental concept. It drives the UN’s work in all areas and at all levels – from the maintenance of peace and security to sustainable development.   As a lawyer and former professor of law, I retain a deep personal commitment to the United Nations work in promoting the rule of law. As Chair of the Rule of Law Coordination and Resource Group supported by the Rule of Law Unit, strong effort is being made to render the Organization’s commitment in support of rule of law activities more effective.   One of the key challenges we face is that there are many different actors in this area, from inside and outside the United Nations. These actors work on a range of critical global goals, such as human rights, democracy and peacebuilding.   We have recently developed a new website, resulting from a UN-wide effort, to serve as a hub of information and resources on the rule of law for the global community of practitioners to keep informed of new developments in this arena. It also serves as a gateway for the general public to explore this important and growing area of work. I wish you an informative visit to the United Nations Rule of Law Website and Document Repository.   What is the rule of law?   Aristotle said more than two thousand years ago, "The rule of law is better than that of any individual."   The notion of the “rule of law” stems from many traditions and continents and is intertwined with the evolution of the history of law itself. The Code of Hammourabi, promulgated by the King of Babylon around 1760 BC, is one of the first examples of the codification of law, presented to the public and applying to the acts of the ruler. In the Arab world, a rich tradition of Islamic law embraced the notion of the supremacy of law. Core principles of holding government authority to account and placing the wishes of the populace before the rulers can be found amid the main moral and philosophical traditions across the Asian continent, including in Confucianism.   In the Anglo-American context, the Magna Carta of 1215 was a seminal document, emphasizing the importance of the independence of the judiciary and the role of judicial process as fundamental characteristics of the rule of law. In continental Europe notions of rule of law focused on the nature of the State, particularly on the role of constitutionalism.   Recent attempts to formalize its meaning have drawn on this rich history of diverse understandings. The modern conception of the rule of law has developed as a concept distinct from the “rule of man”, involving a system of governance based on non-arbitrary rules as opposed to one based on the power and whim of an absolute ruler.   The concept of rule of law is deeply linked to the principle of justice, involving an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs. Long before the United Nations, States were working towards a rule of justice in international life with a view to establishing an international community based on law.   Today, the concept of the rule of law is embedded in the Charter of the United Nations. In its Preamble, one of the aims of the UN is “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.   A primary purpose of the Organization is “to maintain international peace and security… and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.”   The Universal Declaration of Human Rights of 1948, the historic international recognition that all human beings have fundamental rights and freedoms, recognizes that “… it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”.   For the UN, the Secretary-General defines the rule of law as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."   The principle of the rule of law applies at the national and international levels. At the national level, the UN supports a rule of law framework that includes a Constitution or its equivalent, as the highest law of the land; a clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable.   These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where legal protection is provided for rights and entitlements, and disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account.   At the international level, the principle of the rule of law embedded in the Charter of the United Nations encompasses elements relevant to the conduct of State to State relations. The Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations recognizes the inherent link between the UN and the international rule of law. Its preamble emphasizes “the paramount importance of the Charter of the United Nations in the promotion of the rule of law among nations.”   Drawn from existing commitments in international law, the core values and principles of the UN include respect for the Charter and international law; respect for the sovereign equality of States and the principle of non-use or threat of use of force; the fulfillment in good faith of international obligations; the need to resolve disputes by peaceful means.   Respect for and protection of human rights and fundamental freedoms; recognition that protection from genocide, crimes against humanity, ethnic cleansing and war crimes is not only a responsibility owed by a State to its population, but a responsibility of the international community.   The equal rights and self-determination of peoples; and the recognition that peace and security, development, human rights, the rule of law and democracy are interlinked and mutually reinforcing. Appropriate rules of international law apply to the Organization as they do to States. Visit the related web page
	United Nations says new momentum needed to boost social integration by Leslie Kojo Christian UN Commission for Social Development   Feb. 2010   The head of the United Nations social development commission calls for accelerated efforts to boost the participation of the world’s most vulnerable groups in decision-making processes.   Governments met in Copenhagen, Denmark, in 1995 at the World Summit for Social Development, which produced a Declaration and a Programme of Action. Those texts called for the elimination of poverty, the promotion of productive employment, the creation of socially integrated societies, inevitably involving large numbers of policies, implementation strategies and coordinators.   Although strides have been made in the past 15 years, including the adoption of global pacts to promote the integration of indigenous peoples and women, “we remain far from realizing the Copenhagen vision,” Leslie Kojo Christian of Ghana, Chairman of the Commission for Social Development, whose annual session kicked off this week, told reporters.   “There are still millions of people unable to meet their basic needs and who remain disempowered and voiceless,” he underscored.   This is partly due, Mr. Christian said, to policies pertaining to social integration being developed on a piecemeal basis “with limited participation by the affected groups in the design and monitoring of policies relating to their well-being.”   During its 10-day session, which is focusing on social integration, the Commission endeavours to adopt a resolution to help guide governments as they formulate policies to build more inclusive societies.   The 46-member body, the Chairman said, seeks to “make a difference in the lives of people, especially the most disadvantaged and vulnerable groups.”   He emphasized that in a climate rocked by financial insecurity and climate change, “the stakes are high but the need is even greater” to take action to combat persistent social exclusion.   COPENHAGEN +15: A shared society for all. (Joint NGO Statement).   Fifteen years ago the world’s leaders signed the Copenhagen Declaration committing themselves “to promoting social integration by fostering societies that are stable, safe and just and that are based on the promotion and protection of all human rights ... and participation of all people” and to “ensure the protection and full integration into the economy and society of disadvantaged and vulnerable groups and persons”.   Since the time of the Declaration, we have become increasingly aware of our interdependence and our need for one another. Decisions and inaction in any part of our global community have an impact on the whole. At present, more and more problems and issues have become global, that is, beyond the reach of national governments. This obliges us all to acknowledge our responsibility for each other and to collaboratively seek inclusive solutions.   A Shared Vision of a Shared Future.   We are committed to working for an equitable and shared society, as the Club de Madrid, an organization of former heads of states, has defined it: “A shared society is a socially inclusive and cohesive society. It is stable and safe. It is where all those living there feel at home. It respects everyone’s dignity and human rights while providing every individual with equal opportunity. It is tolerant. It respects diversity.”   Such a society encourages the participation of all, including disadvantaged and marginalized groups and persons. The measure of progress is how a society treats its most vulnerable.   Our vision of the future is a society that is socially just, sustainable, humane, and respectful of every human person and the environment. Such a society is committed to the common good, respects cultural values and social institutions, and promotes a solidarity that leads to social inclusion.   The members of an inclusive society engage in a “... process of promoting values, relations, and institutions that enable all people to participate in social, economic, and political life on the basis of equality of rights, equity, and dignity.” It is in the family that socialization for inclusive societies begins.   A Global Society in Crisis   The consequences of social exclusion often dramatically show themselves when a community faces a crisis. We have seen that the global climate and economic and financial crises have both revealed the impact of exclusive policies and have had a rapid, extensive, and often devastating negative influence on the ability of societies to be inclusive.   Today the world is confronted with the worst financial and economic crisis since the Great Depression of the 1920s-30s. The evolving crisis began within the world’s major financial centres and has spread throughout the global economy causing severe social, political, economic, and psychological effects. While all countries are negatively impacted by the crisis, the more vulnerable developing countries are most severely affected. This crisis highlights long standing systemic fragilities and imbalances.   There are signs of increased social tensions, crime, and violent outbreaks in communities worldwide. Economic, social, and political inequality is growing and the gap between the “haves” and the “have-nots” is expanding. This is evident at the local, national, and international level.   Although globalization has opened up opportunities for economic growth and development, it has also triggered new risks and given rise to new inequalities. The further marginalization of social groups, indigenous peoples, and whole countries has resulted in an overall increase in global poverty. Taken as a whole, macroeconomic policies have maintained gender inequalities, impeded the economic empowerment of many, and worsened the plight of people living in poverty.   We need an‘economics of solidarity’ where economic development is environmentally sustainable and the complementary relationship between social policy and economic prosperity is nurtured.   Climate change is the most significant challenge the world faces today. The climate crisis and its multiple manifestations exacerbate social inequalities, contribute to the maintenance of social exclusion, and serve as obstacles to achieving socially inclusive and cohesive societies.   Poor health, lack of water and sanitation, lack of secure and decent livelihood, and political instability arise from the inequities that undercut development and the capacity to make societies more equitable and inclusive. Climate change adds to these stresses on development as it also impedes its pace and quality.   Forced migration and general insecurity among people who lack options as they struggle for basic subsistence are among the effects of climate change. These two crises have had multiple negative impacts on the ability of communities and countries to establish truly socially inclusive societies.   When decision-making is dominated by a few issues or a few groups, the results are often inequitable and inadequate. As a result, some people are excluded from choice, but not from consequences. An equitable global recovery, a sustainable future, and real social development require the full participation of all in shaping appropriate responses to the crises of these times.   Achieving a Society for All   As members of direct service-providing NGOs, the extensive and long standing experience of our members working with people on the ground has shown that no solution will work without equity at its core.   Equity is primarily a matter of justice and human rights. Given the unequal material, social, and economic situations of the members of different societies, all need to accept their common but differentiated responsibility to respond at the local, national, and regional level.   The empowerment of people through full and effective participation in the social, economic, and political decisions which affect their communities is integral to the promotion of social inclusion.   Civil society organizations and governments at the local, national, regional, and international levels should avail themselves of every opportunity to engage their constituents fully in the design, implementation, and evaluation of policies and programmes which affect their lives. Each individual has the potential to contribute to the building of their society and to be protagonists of their own development.   Empowerment, particularly of those most marginalized and excluded, is essential to social integration and to building inclusive societies that are equitable, participative, and sustainable. Policies and programmes to promote social, economic, political, and legal empowerment have the potential not only to create more inclusive societies, but also to address some of society’s most intractable problems including: poverty; discrimination based on gender, race, religion, age, disability, and class; family breakdown; the climate crisis; crime and violence; forced migration; and trafficking in human persons.   Many of these are often by-products of inequities and deepening stress in social, economic, and political life. The important role of civil society organizations must be recognized in the process of creating these policies and programs.   Many people, especially those living in poverty, are excluded from society because they are unaware of their legal rights or lack legal identity. Some are unaware of the inequity of the hierarchical and patriarchal structures of their societies. Providing education for those living in poverty about their rights, the protection of law, and access to social safety nets can empower them to be fully participating members of society.   Additionally, education provides them with the tools to become more aware of their social reality and able to effect change in discriminatory or harmful practices embedded in their culture. The role of voluntary organizations in advocacy work provides another important tool to support those living in poverty to achieve their rights.   The NGO Committee on Social Development conducted a survey on effective practices in social inclusion among their networks across the globe. The Committee received 193 responses from Civil Society Organizations from 62 countries.   Below are three concrete examples of effective practices that build inclusive societies and provide promise of achieving the goals articulated so well in the 1995 Copenhagen Declaration and Programme for Action. These examples and many others demonstrate that social integration/inclusion is an achievable and desirable goal which NGOs around the world are realizing on a daily basis.   1. In Thailand a Christian faith based NGO saw the children of Muslim families living on the Thai/Myanmar border collecting garbage and begging in the streets to support their families.   Knowing that education is key to empowerment and social inclusion, they began instructing the children and then began assisting family members who were ill. As the members of the NGO became more and more a part of the community, the mothers of the families began organizing themselves and set up a space for classes for both the children and the adults, many of whom were illiterate.   Academic course work, arts, health care, human rights learning, and training in labour law helped the former outcasts forge bonds of solidarity with other marginalized groups and provided them with the tools to build a better society and future.   2. In the State of Kerala, India, Neighbourhood Community Networks were established in large numbers in the past three decades. Nearly 184,000 neighbourhood groups of women living in poverty have been in operation giving those living in poverty an effective and on-going voice in the structure of their local society.   Deciding together and working together for poverty eradication helped the women to transcend mindsets of untouchability that casteism represented.   With the success of the adult parliaments, children’s parliaments have also begun to form in increasing numbers, pointing to a bright future for communities committed to enhancing the quality of life for all.   3. In Bolivia an NGO, whose members live with those living in extreme poverty, worked with the people to address access to water controlled by land owners. In their poverty, they were dependent on water to earn a livelihood by washing other people’s clothes. Group meetings and home visitations enabled these people to express their hopes and needs and begin to bridge the gap that existed between them and the rest of the community. This project, that provided access to water, led to the establishment of a community centre that includes a laundry facility, toilets, and a community gathering space.   Many other stories of success in creating an enabling environment for building inclusive societies have been provided in the outcome document of this research. The programmes described above all contain five essential characteristics: they benefit the larger society as well as the direct recipients; they are community-based; they are sustainable; they are replicable; and those who benefit most directly are integrally involved in the design, administration, and evaluation of the programme. Inclusive societies are possible. When these characteristics are present, social integration/inclusion is facilitated.   We NGOs know that it is urgent to confirm the principles of a ‘shared society for all’ and to establish policies that promote the full participation of all. The two most pressing crises of today – the financial economic crisis and the climate crisis – demonstrate the importance of engaging all people and peoples in creating more equitable societies and a sustainable development which respects our common humanity and our home Planet-Earth.   Setting forth policies which promote social inclusion is essential for the realisation of the other two core values articulated at the World Summit on Social Development in Copenhagen (1995) that of the eradication of poverty and full employment and decent work for all. These three are what would make for people-centred development founded on equity and social justice. We count on you to respond to the moral imperative of this hour.   * For more news on the current session of the Commission for Social Development visit the link below. Visit the related web page
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