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Hon. Members. It is with pleasure that I address the issue of Peace Building and the Rule of Law from the perspective of Human Security.

The previous panellists have discussed in a comprehensive manner the concept of Human Security, and how such concept is relevant to Peace-Building and transitional processes from conflict to crisis recovery to lasting peace and reconciliation in society.

The interventions of the International Community in post conflict situations have focused on a toolbox of measures, ranging from humanitarian and emergency assistance to development co-operation. However, too little importance has been given to rebuilding the Rule of Law as a precondition for recovery, stabilisation, peace and development.

Far too often, the emphasis has been given to the rebuilding and training of the security forces or the demobilisation of armed groups. While these elements of post-conflict strategies are essential, they are not sufficient to reconstruct an environment of human security.

Peace building and the establishment of self government is a much longer term and complex process. It requires establishing the institutions of governance, providing sustainable livelihoods and development, and establishing a culture of acceptance and expectation of proper exercise of authority, peaceful resolution of conflict and the ability to change governments constitutionally through the ballot box.

New Zealand understands new and fragile states face enormous challenges. Recent unrest in Timor-Leste demonstrates this fact. New Zealand responded quickly to Timor’s needs with a military and, as is usual in New Zealand, unarmed police contribution to help restore stability. The regional response has been swift and robust. Timor encapsulates the principle that peace and security cannot be separated from economic development, social reconciliation and the protection of basic human rights. The Security Council’s mandate for Timor-Leste endorses that truth.

Hon. Members, I will now try to define the importance of the Rule of Law and Justice in Peace-Building and transitional processes – and what the proper role for Parliamentarians could be – to raise the level of attention of the International Community on this central issue.

THE MODERN NOTION OF RULE OF LAW

We Parliamentarians have a responsibility as representatives of our constituencies locally and internationally through PGA, and we have an essential role to play in safeguarding the Rule of Law, which has been defined by the UN Secretary General 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.”

To this end, Parliaments are instrumental in the adoption of “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.”

So you see we all have an important role to play.

THE ROLE OF PGA

In April 2004, PGA convened a meeting of experts to discuss the role of legislators in strengthening the rule of law in conflict prevention, conflict management and post-conflict situations. The conclusions of that meeting, including the definition of Rule of Law, had a significant impact on the August 2004 Report of the Secretary General.

Allow me to cite these conclusions, which are useful to understand why the Rule of Law is such an important element for effective peace-building in a human security perspective.

1. The modern concept of State sovereignty is based on the understanding that the entitlement of States to the monopoly of Executive Powers (e.g. Law Enforcement, Military Force) is linked to the responsibility of the State to protect any person under its jurisdiction and to promote their enjoyment of universal, inviolable, interdependent and indivisible human rights;

2. As legislators representing citizens of organised political communities known as States, parliamentarians play an integral role in the establishment or restoration and consolidation of the Rule of Law;

3. Parliamentarians have the responsibility to ensure that the most appropriate standards and principles for the Rule of Law are in force in every transition or crisis situation, and that such standards and principles are the only appropriate tool to protect all civil, cultural, economic, political and social rights of the individual;

4. The legislature is generally the first organ to be dismantled when a crisis situation degenerates, and it is often the last to be restored once conflict has abated. The restoration of the legislature is a key component of any effort to restore peace and stability under the rule of law;

5. Promoting the rule of law entails enabling the justice system to work effectively, namely, by establishing an appropriate institutional legal framework, establishing the relevant infrastructure, and training and assisting judges, lawyers, and law enforcement agencies;

6. An independent judiciary is a key component of conflict prevention as well as post-conflict peace-building;

7. Abuse of power by State authorities violates basic principles of the Rule of Law, such as the separation of powers and the equality of all before the law, and often entails violent or authoritarian practices that violate human rights;

8. National justice systems are often not equipped with adequate legislation and sufficiently independent judiciaries to prevent abuse of power and violations of fundamental human rights: this denial of access to justice results in impunity;

9. Gross violations of human rights and lack of access to justice can be a major cause of conflict;

10. States afflicted by conflict or emerging from conflict are often characterised by select application of the rule of law and weak institutions, and are often plagued by the widespread availability of arms, the market of which is not sufficiently regulated, thereby destabilising an already-fragile environment;

11. States in “negotiated transition” and States emerging from conflict often lack the means to equip themselves with the necessary instruments to establish the Rule of Law, including an independent justice system and the “constitutional” checks and balances;

12. The State leadership in post-conflict situations and in transitional regimes is often unwilling or unable to address the legacy of violations of fundamental human rights, as well as crimes against humanity, acts of genocide and war crimes committed before and during the conflict;

13. The state of the justice system determines what options are available for accountability against impunity: in this respect, the complementary role of the International Criminal Court for atrocities committed after 1 July 2002 (date of the entry into force of the ICC Statute) is an innovative element that reinforces the Rule of Law and the modern concept of State’s sovereignty;

14. The role of the United Nations and other international organisations, including regional organisations, is essential in establishing and strengthening the rule of law, provided that a participatory method is applied in involving all components of societies in crises (pre-conflict) or transition (post-conflict) to build State’s institutions and the justice system.

CONCLUSION

Two and a half years after the PGA Strategic Conclusions on the Rule of Law, the recommendations thereby contained are still of great relevance for future actions, also in line with the valuable Report of the Secretary General that I have quoted before to provide a modern definition of the Rule of Law.

In fact significant efforts have been undertaken by the UN in key countries in transition, such as Liberia in Africa, Haiti in the Americas and Afghanistan in Asia, as well as in Nepal.

I therefore look forward to hearing the comments and views of my fellow colleagues present here, particularly those of you from Afghanistan, Nepal, Liberia and other countries in which post-conflict peace-building must entail any possible effort to realise the Rule of Law and Human Security.

And I really hope that through our great PGA network we can launch new actions and activities to assist the international community and our fellow colleagues Lawmakers in the realisation of these goals.

 

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