Credit: UN Photo/Marco Castro 2007
On September 24, 2012, the UN General Assembly held a High-Level Meeting on the Rule of Law during its 67th Session at the United Nations Headquarters in New York. This was the first-ever high-level meeting by the General Assembly devoted to the Rule of Law and took place a day before the general debate opened. The meeting was over-subscribed with approximately 105 speakers, including 40 of whom where Heads of State and Governments, and 120 world leaders are expected to take part in the subsequent general debate.
In the UN Secretary-General’s report to the General Assembly, Delivering Justice: Programme of action to strengthen the rule of law at the national and international levels, he proposed various strategies for strengthening the rule of law at the international level, including:
- Increasing compliance with international law by strengthening compliance in the context of the United Nations, ensuring national implementation, and strengthening treaty bodies
- Strengthening international dispute resolution by strengthening the International Court of Justice and its role in international relations, and strengthening other international adjudicative bodies
The proposals were under discussion via the Member States Draft Declaration to be adopted at the end of the event. Key proposals of the Outcome Document included:
- Calling on all States that had not yet done so to consider ratifying or acceding to the Rome Statute and accept the jurisdiction of the Hague-based ICC. (Sec. I, 23)
- Commit to ensuring that impunity is not tolerated for genocide, war crimes and crimes against humanity, as well as for violations of international humanitarian law and gross violations of human rights law. (Sec. I, 22)
- To rededicate efforts to support sovereign equality of all States, the right to self-determination of peoples under colonial dominion and foreign occupation, respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion. (Sec. I, 3)
- Acknowledge that informal justice mechanisms, when in accordance with international human rights law, play a positive role in dispute resolution, and that everyone, particularly women and those belonging to vulnerable groups, should enjoy full and equal access to these justice mechanisms. (Sec. I, 15)
In concluding his opening remarks, UN Secretary-General Ban Ki-moon stated “Today’s meeting is a milestone,” but it is not an end in itself. “Our challenge now is to follow up, and continue to deepen and develop the rule of law, this essential foundation for a better future.”
The Dialogue presented a unique opportunity for all Member States and civil society to discuss and agree upon an agenda for the future on strengthening the rule of law. See Voluntary Pledges. The modalities for the high-level meeting were established by the General Assembly in resolution A/RES/66/102 and NGOs and other civil society organizations were selected for participation in advance.
To watch some of the speakers, click below:
- President of the General Assembly
- Secretary-General
- President of the International Court of Justice
- United Nations High Commissioner for Human Rights,
- Administrator of the United Nations Development Programme
- Executive Director of the United Nations Office on Drugs and Crime
- Member States
The Rule of Law and Human Rights
The rule of law is an important political ideal. The term is widely used yet it is an elusive concept that has given rise to a divergence of understandings and definitions. In 2004, The Office for Democratic Institutions and Human Rights (ODIHR), held the 530th Session of the Permanent Council, where Ambassador Christian Strohal defined the rule of law as a:
concept encompassing a broad range of legal, institutional and practical measures necessary to ensure an independent judiciary; effective access to justice, including to defense lawyers; and fair trials. These fundamental criteria are seen as essential not only for security and stability within and among countries, but also as a prerequisite for sustained democratic development.
The rule of law is inextricably tied to human rights. Strengthening of the rule of law ensures a more durable international human rights framework with which to advocate and underpins the United Nations’ mission to advance peace, development and human rights. The High Commissioner for Human Rights, Navi Pillay, “consider[s] the rule of law to be the backbone of legal protection of human rights.” Pillay has further stated:
The rule of law is premised on equality before the law, equal protection of the law and the prohibition of discrimination on any ground such as race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status.
Protection of human rights and respect for the rule of law are closely related in that States’ human rights obligations include the investigation and prosecution of serious violations, including when carried out as part of a State plan or policy, and require respect for due process. See, e.g., ICCPR arts. 2, 4, 14, 16.
The Office of the High Commissioner for Human Rights (OHCHR) also recently published a report on Impunity and the Rule of Law, emphasizing the importance of focusing on combating impunity and strengthening accountability to protect international human rights. The Raoul Wallenberg Institute of Human Rights and Humanitarian Law recently published a Rule of Law Guide for Politicians, aiming to facilitate legislative and other reforms to strengthen respect for the rule of law at the national level.
A number of side events will be organized throughout the first week of the sixty-seventh session, from 24‑28 September. For an updated list of such events, visit www.unrol.org.