A country’s observance of the rule of law is a foundational part of its economic, social and cultural success. Without a predictable state player, transparent dispute-resolution processes, reliable enforcement mechanisms and an empowered civil society, countries lack the certainty necessary to thrive across all levels.
That is why many countries and agencies, including the CBA’s International Initiatives Committee, fought to have rule of law included as one of the 17 Sustainable Development Goals (SDG) passed by the United Nations last fall.
And it’s why the CBA committee has written to the House of Commons Foreign Affairs and International Development Committee asking that rule of law be a “priority theme cutting across all of Canada’s international development assistance.”
Building on the mandate given to the Minister of International Development to “create a new policy and funding framework to guide Canada’s aid decisions, empower people, and support broad-based, sustainable growth in the developing world,” the federal government is conducting a review of its international assistance framework. As a first phase, the Foreign Affairs and International Development Committee is studying the way Canada choses its 25 countries of focus, including the sectoral themes the government has prioritized. The committee will make recommendations that will inform the larger review being conducted in the months leading up to next year’s budget.
“The rule of law involves not only consistent application of rules,” the Chair of IIC, Mick Ryan, Q.C., wrote. “As defined by the Secretary General of the United Nations, it ‘requires that legal processes, institutions and substantive norms are consistent with human rights, including the core principles of equality under the law, accountability before the law and fairness in the protection and vindication of rights’.”
According to the ministerial mandate letter, supporting the SDGs does appear to be in the government’s plan. Marie-Claude Bibeau has been directed to, among others, support the implementation of the 2030 Agenda for Sustainable Development; champion the values of inclusive and accountable governance, peaceful pluralism, respect for diversity and human rights; ensure that Canada’s development focus is based on evidence and outcomes, not ideology; examining current and new aid delivery mechanisms and partnerships; and providing assistance to countries that are vulnerable to the destabilizing effects of climate change.
The IIC suggests that the federal government consider requiring countries which receive Canadian support to meet the targets set out in SDG 16, which deals with the rule of law, and which it says is also “critical as an enabler of the other SDGs.”
“Canada’s support to partner countries’ SDG plans should include the establishment of effective legal frameworks, the strengthening of governance and legal institutions, and the empowerment of communities, including women, the poor and the marginalized,” Ryan writes.