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RULE OF LAW

RULE OF LAW. Definition: 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.

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RULE OF LAW

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  1. RULE OF LAW Definition: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. “The rule of law is at the heart of our work at the United Nations…It is intrinsically linked to peace and security…At the national level, reconciliation and enduring peace require strong rule of law through responsive and inclusive institutions...At the international level, adherence to the rule of law is critical for conflict prevention and the peaceful resolution of disputes. “ (Secretary-General Ban Ki-moon, Security Council, 19 February 2014)

  2. RULE OF LAW in the UN • Rule of Law is not one of the Three Pillars founding the wider UN system: peace and security, development, human rights • The principle of the rule of law is embedded in the Charter of the United Nations. • Both the General Assembly and the Security Council have considered rule of law as an agenda item since 1992, with renewed interest since 2006 and adopted resolutions most recently. (A/RES/61/39, A/RES/62/70, A/RES/63/128).

  3. Ban Ki Moon The Secretary General has stressed the centrality of the Rule of Law in development in a number of recent official declarations: • Remarks at Security Council open debate on Women, Rule of Law and Transitional Justice in Conflict-Affected Situations (Secretary-General Ban Ki-moon, Security Council, 18 October 2013) • Remarks to High-Level Meeting of the General Assembly on the Rule of Law (Secretary-General Ban Ki-moon, General Assembly, 24 September 2012) • Remarks to the Security Council Open Debate on the Promotion and Strengthening of the Rule of Law and the Maintenance of International Peace and Security (Secretary-General Ban Ki-moon, Security Council, 19 February 2014) • Remarks at the Non-Aligned Movement Ministerial Meeting on Cooperation for the Rule of Law at the International Level (Secretary-General Ban Ki-moon, UN Headquarters, 27 September 2013)

  4. CORE ELEMENTS • Establishing respect for the rule of law is fundamental to achieving a durable peace, effective protection of human rights, and sustained development.  • The principle that everyone – from the individual to the State itself – is accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, is key in UN work. • Core elements are: • Governance • 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 • Procedural and legal transparency

  5. More information • United Nations Millennium Declaration (A/RES/55/2) • “The Brahimi report”: Comprehensive review of the whole question ofpeacekeeping operations in all their aspects (A/55/305) • 2005 World Summit Outcome (A/RES/60/1) • Secretary General’s report “In Larger Freedom: Towards Development, Security andHuman Rights for All” (A/59/2005) • Secretary General’s report “The Rule of Law and Ttransitional Justice in Conflict andPost-Conflict Societies” (S/2004/616) • Secretary General’s report “Uniting Our Strengths: Enhancing United Nations Supportfor the Rule of Law” (A/61/636) • Secretary General’s report “Strengthening and Coordinating United NationsRule of Law Activities” (A/63/226) • Secretary General’s report “Annual report on strengthening and coordinating United NationsRule of Law Activities” (A/64/298)

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