The rule of law: Essential to achieving sustainable development Is sustainable development achievable without the rule of law? As the international community is discussing the post-2015 development agenda and setting goals for the upcoming years, the rule of law and access to justice are increasingly seen as crucially important to achieving sustainable development. The Commonwealth has also adopted this position and has committed to the Post-2015 Development Agenda process. In this context, it is interesting to look more closely at what the rule of law entails and how its enforcement can contribute to sustainable development. Definition of rule of law Although there is no single universally accepted definition of rule of law, in a report on the subject former United Nations Secretary- General Kofi Annan defined it 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. One of the essential components of the rule of law is the principle of the separation of powers. According to this principle, the three branches of government – legislative, executive and judiciary – have clearly defined roles and operate independently, without encroaching on one another’s powers. Clearly demarcated lines between the three branches are key to good governance. Commonwealth countries have committed to the principle of the separation of powers through the adoption of the Commonwealth (Latimer House) Principles on the Three Branches of Government1, which provide guidelines to guarantee the independence of each branch of government, including the judiciary. This fundamental principle of separation of powers is also enshrined in the national constitutions of most Commonwealth jurisdictions. Rule of law and development at the international level At the 67th session of the United Nations General Assembly in September 2012, UN member states renewed their commitment to the Declaration of the High-Level Meeting of the General Assembly on the Rule of Law at the National and International Levels by Commonwealth Governance 8 Handbook 2014/15 recognising that ‘the rule of law and development are strongly interrelated and mutually reinforcing, that the advancement of the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, and the eradication of poverty and hunger’ (UNGA, 2012). The declaration also noted that ‘all persons, institutions and entities, public and private, including the state itself, are accountable to just, fair and equitable laws, and are entitled without any discrimination to equal protection of the law’. The same position was adopted in the Rio+20 Declaration where it was acknowledged that ‘democracy, good governance and the rule of law at the national and international levels, as well as an enabling environment, are essential for sustainable development, including sustained and inclusive economic growth’ (UNCSD, 2012). The role of the rule of law in the post-2015 development agenda was also explored at the Global Dialogue on the Rule of Law and the Post-2015 Development Agenda held in New York, 26–27 September 2013. The dialogue affirmed the rule of law as both an enabler of development and an outcome. The Commonwealth perspective At the Commonwealth Heads of Government Meeting held in Colombo, Sri Lanka, 15–17 November 2013, the heads of government endorsed the intergovernmental process to be launched at the 69th Session of the United Nations General Assembly to develop and agree on a post-2015 development agenda. The heads of government highlighted one of the five transformative shifts recommended in the report of the High-Level Panel of Eminent Persons on the Post-2015 Development Agenda, ‘to leave no one behind’ (HLPEP, 2012), and underscored the need for the post-2015 development agenda to reflect the Commonwealth’s values, as set out in the Commonwealth Charter.2 They decided to constitute an open-ended High-Level Working Group of Heads of Government to identify shared Commonwealth perspectives and make recommendations through a Commonwealth statement. The statement, issued at the 69th Session of the United Nations General Assembly in September 2014, emphasises that ‘the Post-2015 Development Agenda should address the importance of peaceful and stable societies, and effective and accountable institutions at all levels, for poverty eradication and sustainable development’ (Commonwealth Secretariat, 2014). The Commonwealth Charter also reflects member countries’ commitment to the rule of law and shows that the rule of law is Marie-Pierre Olivier This article is based on: Commonwealth Secretariat, 2014. ‘The rule of law and the post-2015 development agenda: A Commonwealth approach’. Commonwealth Law Bulletin, 40 (3), pp. 439–445; and Nganunu, J. M., 2014. ‘Judicial independence and economic development in the Commonwealth’. Ibid, pp. 431–438.
CEP template 2012
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