SOURCE: Sustainable Development

FOREWORD
Law must prevail:
setting standards for the
bedrock of development
World governments are working to pindown
what has become known as the
Post-2015 Agenda. A blueprint for our world
over the next generation, this Agenda will
set out a series of commitments known as
the Sustainable Development Goals (SDGs),
with targets and indicators to measure
progress. There is strong consensus on some
goals, such as fighting hunger and eradicating
poverty, and less so on some others, such
as access to justice and the rule of law.
The rule of law trails a baggage of controversy.
Some governments see it as West-centric,
prescriptive, and irrelevant to development;
some others argue that it is too hard
to measure, and unsuitable as a development
target.
From the perspective of my organisation,
with both development and law embedded
in its very name, the rule of law is an inseparable
part of sustainable development. It
embodies the principles and institutions that
render justice – legal and social. As such, it
is the essential foundation on which to build
development, and to do so durably.
When the rule of law does not function
properly, inequality grows: when the law
does not protect against discrimination;
when opportunities are only open to a few
based on wealth and privilege; when corruption
and bribery thrive unchecked; when
the law is selectively applied for the benefit
of the powerful and against the poor; when
public goods are siphoned off by private
interests with total impunity.
Equality, equal protection and fair treatment
are fundamental principles of the rule
of law.
Take women and girls. In many countries,
the law, whether formal or customary, continues
to exclude and discriminate against
them. This is not only morally reprehensible:
it also deprives societies of wealth and skills;
it endangers food security; and it has adverse
effects on the health of nations. This is not
rule of law, but rule by law. Properly understood,
the rule of law upholds the universal
values of human rights, and far from hampering
development, strengthens it.
Or take business and economic growth.
The rule of law ensures predictability and
certainty, and by so doing, creates confidence
and promotes responsible investment.
By contrast, its absence opens the way to
corruption and predatory practices. Natural
resources are unlawfully exploited. Environmental
degradation follows. Climate resilience
may suffer. Entire communities may be
uprooted or destroyed.
By setting the standards and institutions
for equitable development and providing
avenues for redress when rules and regulations
are breached or rights are violated, the
rule of law promotes transparency, accountability
and inclusive participation. Legal
empowerment strategies help the poor and
the marginalised to access justice and claim
their rights.
Far from being impossible to measure, the
justice sector – like any sector of governance
– can be evaluated, and people’s ability to
access justice can be measured. Far from importing
‘foreign’ norms, the principles of the
rule of law can be applied in context-specific
ways that encourage local ownership.
Challenges vary from country to country,
and so do legal systems. There is plenty of
good practice to show that solutions can be
tailored, while the basic principles of the rule
of law remain the same: fair, predictable,
equally applicable, and equally accountable.
If sustainability is to become a principle of
global governance, the rule of law must be
the bedrock of development. The alternative
is a world of conflict and perpetual humanitarian
crises.
Irene Khan
Director-General, International Development
Law Organization (IDLO)
For more information about the IDLO, visit
www.idlo.int
5
SSD_Khan_Foreword.indd 5 04/03/2015 19:34