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Doing justice to sustainable development:
Integrating the rule of law into the post-2015
development agenda
Workshop of experts,
Mexico City – March 19, 2015
DEFINING THE NEW DEVELOPMENT
AGENDA
No matter where in the development spectrum a
country stands, it needs good laws and regulations
that are fairly administered by transparent and
accountable institutions and that produce fair
outcomes for all.
 The rule of law is not an abstract concept but a
concrete basis on which to promote sustainable
development.
NOT A NEW CONCEPT
UN Commission on Legal Empowerment of the Poor
“The rule of law is not a mere adornment to development;
it is a vital source of progress. It creates an environment
in which the full spectrum of human creativity can
flourish, and prosperity can be built.”
UN Commission on Legal Empowerment of the Poor, 2008
Rio +20
"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, social
development, environmental protection and the
eradication of poverty and hunger."
Outcome Document of the Rio +20 Conference on Sustainable
Development, 2012
High Level Meeting on the Rule of Law
“The advancement of the rule of law at the national and
international levels is essential for sustained and inclusive
economic growth, sustainable development, the eradication of
poverty and hunger and the full realization of all human
rights and fundamental freedoms, including the right to
development, all of which in turn reinforce the rule of law”
Declaration of the High-Level Meeting of the General Assembly on the
Rule of Law at the National and International Levels, 2012
High-level Panel
High-level Panel on the Post-2015 Development Agenda
recognized that responsive institutions promoting rule of
law and access to justice are necessary for transformative
shifts enabling development and to “build peace and
effective, open and accountable institutions for all”.
Synthesis Report of the Secretary-General on the
Post-2015 Development Agenda
“All voices… have called for a transformational and universal
post-2015 agenda, buttressed by science and evidence, and
built on the principles of human rights and the rule of law,
equality and sustainability.”
“The rule of law must be strengthened at the national and
international level, to secure justice for all.”
The Road to Dignity by 2030: Ending Poverty, Transforming All Lives and
Protecting the Planet, 2015
Six essential elements for delivering the SDGs
CURRENT STATUS
Goal 16
Promote peaceful and inclusive societies for sustainable
development, provide access to justice for all and building
effective, accountable and inclusive institutions at all
levels
16.1 significantly reduce all forms of violence and related death rates everywhere
16.2 end abuse, exploitation, trafficking and all forms of violence and torture against
children
16.3 promote the rule of law at the national and international levels, and ensure equal
access to justice for all
16.4 by 2030 significantly reduce illicit financial and arms flows, strengthen recovery and
return of stolen assets, and combat all forms of organized crime
16.5 substantially reduce corruption and bribery in all its forms
16.6 develop effective, accountable and transparent institutions at all levels
16.7 ensure responsive, inclusive, participatory and representative decision-making at all
levels
16.8 broaden and strengthen the participation of developing countries in the institutions
of global governance
16.9 by 2030 provide legal identity for all including birth registration
16.10 ensure public access to information and protect fundamental freedoms, in accordance
with national legislation and international agreements
16.a strengthen relevant national institutions, including through international cooperation,
for building capacities at all levels, in particular in developing countries, for preventing
violence and combating terrorism and crime
16.b promote and enforce non-discriminatory laws and policies for sustainable
development
THE RULE OF LAW & SUSTAINABLE
DEVELOPMENT
 The rule of law is essential for “a peoplecentered and planet-friendly” development
agenda.
 Without draft Sustainable Development Goal 16,
the earlier 15 goals may remain unfulfilled or
only partially fulfilled.
The rule of law
 strengthens laws and policies to drive transparency and
participation and steers responsible and equitable
investments in economic, social, and environmental
priorities;
 builds the capacity of institutions to eradicate poverty,
uphold human rights and ensure the sustainable
governance of resources; and
 empowers individuals and groups to claim their rights,
including to resources and services, and demand
accountability.
Economic dimension
 Strong legislative frameworks provide clarity, predictability and
certainty in commercials affairs, facilitating business transactions
while discouraging predatory and corrupt behaviors.
 Commercial and other disputes can be remedied through enhanced
institutional capacity, providing for increased investor confidence and
wider social cohesion.
 Legal empowerment efforts, including access to markets and financial
services for the poor and marginalized, create a level playing field and
ensure that the poor have opportunities to participate in the broader
economy, for example through providing for secure land tenure and
property rights.
Social development
 Strong legal frameworks address inequalities and other social
development priorities.
 Coupled with enhanced state capacity to implement related laws,
regulations and policies, the rule of law also provides for transparent
and participatory dispute resolution mechanisms that allow individuals
and groups to claim their rights to equal opportunity, education,
health, housing, and other economic and social rights.
• afford health care, education and other social services to the poor and
marginalized, who may otherwise be denied service due to their status;
• provide legal identity to all;
• ensuring access to justice and administrative redress; and
• promoting gender equality and women’s empowerment.
Environmental dimension
 Robust legal frameworks, aligned with international standards
and enforced through strong government institutions, safeguard
the environment.
 Responsible environmental stewardship is promoted through
institutions that are held accountable to legal mechanisms with
the help of the civil society.
 The poor and vulnerable, indigenous peoples and local
communities, are empowered to demand action.
 Institutions fairly adjudicate land, natural resource and other
matters involving land use and environmental regulation.
An overview
LEGAL FRAMEWORKS
DIMENSIONS of SUSTAINABLE DEVELOPMENT
ECONOMIC
SOCIAL
Increased predictability,
Enshrine social rights,
secure land title, balanced laws resulting in
investment incentives
discrimination abolished,
legal identity secured at
birth
ENVIRONMENTAL
Enforcement mechanisms
strengthened, greater
participation in
environmental mgt. by
the poor
INSTUTIONAL CAPACITY
Commercial dispute
resolution capacity
strengthened
Justice & security
institutions capacity
strengthened, in line with
intl. legal standards
Justice capacity to
manage environmental
issues increased,
decisions executed
LEGAL EMPOWERMENT
Greater access to
information & markets,
women’s empowerment
Greater access to justice,
redress mechanisms,
women’s access to justice
Indigenous people
empowered, stronger
monitoring and
enforcement measures
In summary
 Every SDG has a rule of law component critical
to its delivery
Concrete examples
Concrete examples of how the rule of law can help:
 promote economic opportunity by improving access to fair trade
markets for indigenous communities in Ecuador
 empower rural women in India to resolve land tenure issues
 stimulate foreign investment and economic development in
Kygyzstan
 increase women’s political participation in Rwanda
 secure legal identity for the children of unwed mothers in
Morocco
The rule of law is:
1. An enabler of development: creating the conditions for development,
for instance by establishing institutions for promoting security and
tackling crime, or setting the appropriate legal framework for
business and investment.
2. An integral part of the development process when it determines how
rules are made or enforced, or disputes are resolved to fight
discrimination and ensure equitable access to health, education, jobs,
land and other resources and services.
3. An outcome of development - a political and legal order with laws and
institutions based on internationally recognized and nationally owned
values and principles.
“The poor need the law - the
rich can take care of
themselves.”
SOME RESOURCES
Doing Justice to Sustainable Development: Integrating the Rule of
Law into the Post-2015 Development Agenda
Report supported by the
Government of Finland
available at:
http://www.idlo.int/insigh
ts/publications/doingjustice-sustainabledevelopment
President of the General Assembly’s High Level Event on the Contributions
of Human Rights and the Rule of Law in the Post-2015 Development
Agenda
http://www.idlo.int/news/videos/video-doing-justice-sustainable-development
The Contribution of the Rule of Law to Equity and Sustainability with
a focus on food security
Conference convened by the Italian
Ministry of Foreign Affairs, in the
context of Italy’s Presidency of the
Council of the European Union
explored how the rule of law works as
a cross-cutting issue that impacts on
other topics in the post-2015 agenda,
in particular food security
http://www.idlo.int/sites/default/file
s/Conference%20Report.pdf
Engaging the private sector
Highlights of a private discussion between
business leaders, think tanks and civil society
with:
 Jan Eliasson, UN Deputy Secretary-General
 H.E. Aurelia Frick, Minister of Foreign
Affairs of the Principality of Liechtenstein
 H.E. David Lane, United States Ambassador
to the United Nations in Rome
 Georg Kell, Executive Director, UN Global
Compact
 Irene Khan, Director-General, IDLO
http://www.idlo.int/news/highlights/dav
os-rule-law-showcased-idlo-event
Bringing Down the Barriers: Women, Business and
the Rule of Law
A roundtable with women leaders
organized by IDLO, the U.S. Council
for International Business (USCIB),
the World Bank Group, the United
Nations Global Compact and the
International Chamber of
Commerce (ICC), with support from
the Governments of Romania and
Paraguay
The International Development Law Organization (IDLO) enables
governments and empowers people to reform laws and strengthen
institutions to promote peace, justice, sustainable development and
economic opportunity.
www.idlo.int
Twitter @IDLOnews