RULE OF LAW SYMPOSIUM |
Friday 8 OctoberPLEASE NOTE THAT IT IS POSSIBLE TO REGISTER TO ATTEND ONLY THE RULE OF LAW SYMPOSIUM. There is no charge to attend only this element of the Annual Conference. All you need do is fill out the brief online registration form, and arrive at Room 211 on Level 2 of the Convention Centre. |
| 1000 – 1300 In Prague 2005 the IBA Council passed a Rule of Law Resolution, followed by a rule of law initiative in 2006. The Rule of Law Action Group has been given the responsibility to provoke, urge and assist the membership of the IBA in supporting and promoting the rule of law. Since 2006 the final day of the annual IBA conferences has been dedicated to rule of law issues. Following successful rule of law symposia in Chicago, Singapore, Buenos Aires and Madrid, the final morning of the conference in Vancouver 2010 will also be devoted to the rule of law. As a main topic the conference will address: |
The state of the rule of law in Canada and the US |
 Distinguished speakers in the field, Chief Justice Beverley McLachlin of Canada and John B. Bellinger III, Partner, Arnold & Porter, Washington D.C. and Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations, (former Legal Adviser to the Department of State, United States of America, 2005-9; Legal Adviser to the National Security Council at the White House, 2001-5) and Michaelle Jean, UNESCO Special Envoy for Haiti, (former Governor General of Canada 2005-10), will address the delegates on these and other pertinent current issues. While we are usually looking at the developing world in discussing rule of law issues, it is necessary also to look at leading Western democracies. Are the US and Canada setting good examples to the rest of the developed world and to emerging democracies? What are the main challenges? How are these challenges currently being met and what is to be expected in the future? It is the duty of a democratic society based on the rule of law to take measures to prevent crime and to safeguard human rights. The difficult task to balance and reconcile the tension between those objectives rests squarely with the legal profession and the judiciary. As academics, judges, lawyers and prosecutors we all have a duty to protect and preserve fundamental rule of law principles and to monitor laws conferring executive powers which have the potential of violating fundamental human rights. In order to fulfil this duty the legal profession requires guaranteed independence. An independent bar and an independent judiciary with impartial judges are cornerstones in a democratic society and a prerequisite for upholding the rule of law. However, in recent years we have been reminded that the democratic system per se does not guarantee that the respect for rule of law and human rights are at hand. The legislative measures taken after the September 11 catastrophe illustrate this fact. It is apparent that new national and international legislation introduced as counter measures in the war against terror may also constitute serious derogations from fundamental rule of law and human rights principles. A fair balance between the security interest and the integrity of the individual is difficult to strike. There are many examples of how societies have failed in their duty to get the balance right resulting in an unjustified derogation of fundamental values. The rule of law implies protection of basic human rights as defined in constitutions and conventions; it relates to the right of the individual vis-à-vis the government and authorities; it places demands on legal rules as to their form and content, their interpretation and application; the implementation of the concept requires societies to provide security for the citizen against arbitrary exercise of authority. The individual must be able reasonably to predict the legal consequences of his own behaviour and any response by society thereto must be proportionate and consistent with fundamental human rights. |
Presentation of the IBA Human Rights Award 2010 |
| The IBA Human Rights Award will be presented to the 2010 winner. The award recognises outstanding achievement by a lawyer making a substantial contribution to the promotion, protection and advancement of human rights. Previous winners include Femi Falana of Nigeria for his commitment to increasing access to justice and ending the culture of impunity in the West African region, and Maria Inés Miranda Navarro of Spain for her dedication in promoting and protecting human rights in the disputed territories of Western Sahara. |
| 1430 – 1600 |
The rule of law in Haiti |
| In the afternoon, a session on the rule of law in Haiti will be held. The session will review the work in promoting the rule of law in Haiti after the disastrous earthquake. What steps can be taken in the future to rebuild and support the judiciary, other legal institutions and access to justice in order to uphold the rule of law and protect human rights? Mr Christian Ahlund, Executive Director of the International Legal Assistance Consortium (ILAC) has accepted to speak. Other highly distinguished speakers will be invited. The IBA is a founding member of ILAC. ILAC has been involved in promoting the rule of law in Haiti since 2005 and is running a nationwide legal aid programme there. |