High Level Special Event on Rule of Law, Human Rights and the Post-2015 Development Agenda, Date: 13 April 2015

Mr. Ivan Šimonović
Assistant Secretary-General for Human Rights

Excellencies,
Ladies and gentlemen,

I would like to thank the Governments of Italy and Thailand for organising this debate on what will be a critical issue for the coming decades.

To be truly transformative, and effective, the new Post-2015 Development Agenda must be firmly based on international human rights law, aiming to secure freedom from fear and want for all, without discrimination.

Already, the Sustainable Development Goals, or SDGs, now under negotiation, cover many aspects of freedom from want, with a range of socio-economic goals on ending poverty and hunger, and promoting health, education, and decent work, among others. And they also include freedom from fear – primarily in proposed Goal 16, on “peaceful and inclusive societies, rule of law, and effective and capable institutions” – including critically important targets on the rule of law at national and international levels; equal access to justice for all; the protection of fundamental freedoms; participatory and accountable governance; reducing corruption; and ending violence, abuse and exploitation.

We are also encouraged by the strong focus on equality and non-discrimination in the draft goals and targets. If we wish to secure peaceful and stable societies, and true social development, then eradicating discrimination, fighting inequalities between social groups, and ensuring that ‘no one is left behind’ should be our urgent priority.

The SDGs address the root causes of poverty, which include: the breakdown of the rule of law; violent conflict – which is often rooted in discrimination and corruption- which confiscates the public good for private gain, undermining development. They focus on both the national and international dimensions of these issues, as part of a strengthened global partnership.

Ladies and gentlemen,

Law enforcement and the administration of justice must be consistent with international human rights law. Laws should serve people, reflecting their values and needs and not be imposed on them. We need “rule of law”, not a "law and order" approach. Where law enforcement is discriminatory, and disproportionately harsh, and where the laws themselves are unjust, this generates both resentment and inequality.

Criminal justice systems must also ensure that they protect people’s personal security, their access to the administration of justice, and the participation of all in decision-making, and this is especially true in the context of programmes and policies to prevent crime.

The current proposal calls for “equal access for all to an independent, effective, and responsive justice system that respects due-process rights, and equal access to legal aid”. This is a very strong target, which recognizes people’s rights to equality before the law; to remedy; to a fair trial; and to be deemed innocent until proven guilty. It is supported by targets that aim to “provide legal identity for all” and to “enhance the capacity, professionalism and accountability of the security forces, police and judiciary”. These are not just important principles: they also make crime prevention more effective.

Also very important is target 16.10, protecting public access to information and “fundamental freedoms, in accordance with national and international law.” What are those fundamental freedoms? The Universal Declaration of Human Rights is clear: they include the freedoms of information, expression, association and assembly. They are not only vital civil and political rights: they are a prerequisite of good governance and underpin development. When interpreting and implementing target 16.10, I would strongly urge States ensure that international human rights standards are fully respected.

Finally, if we want to ensure that all mentioned targets are reached, they need to be supported by indicators that measure progress in the State's capacity to provide security; prevent crime; and apprehend perpetrators both swiftly and in accordance with human rights. It is crucial that data is disaggregated in accordance with all categories of discrimination prohibited by international human rights law, for monitoring purposes and in order to ensure specific groups, such as women, children, persons with disabilities or migrants are not left behind.

Ladies and gentlemen, let me conclude.

The Millenium Development Goals covered important socio-economic issues and helped deliver freedom from want. But they overlooked freedom from fear. The new agenda will help strengthen the rule of law and prevent crime. It brings us back to the backbone of the Universal Declaration of Human Rights: Development as freedom from fear and freedom from want for all people, without discrimination.

Thank you.