Department for Constitutional AffairsPublications

| Publications | Press notices | Consultation papers | Reports and reviews | Research | Speeches | Ministerial speeches | Parliamentary statements | Annual reports | Legislation | Green papers | White papers | Better regulation | Statistics | Archive

|© Crown Copyright & Disclaimer

Home > Publications > Speeches > Ministerial speeches > 2004 > RSA Conference in partnership with the John Smith Memorial Trust

Lord Falconer of Thoroton
Secretary of State for Constitutional Affairs and Lord Chancellor

RSA Conference in partnership with the John Smith Memorial Trust

Advancing Global Citizenship: The protection of Human Rights and the rule of law in an insecure world

London

13 July 2004


My Lords, RSA and John Smith Fellows, ladies and gentlemen.

I am delighted to be here today, at a conference which has been set up in partnership between the RSA and the John Smith Memorial Trust. This conference is a valuable experience for all participants, and I am particularly delighted that President Saakashvili of Georgia, has been able to make time to speak to you - it is a great privilege.

The RSA has a history of cutting edge thinking on issues which still have resonance 250 years after the foundation of the Society. Let me give you three examples. In 1806, 1.25 million trees were planted as a result of the Society awarding premiums for tree planting. In 1882, the Society held an early debate on a channel tunnel between England and France. And in 1770, the Society offered awards for reductions in smoke emissions. All a good few years before the rest of us caught up.

So it is no surprise that the Society has continued to move on ahead of the times, and taken as one of its five core challenges the advancement of global citizenship.

I believe that this challenge fits neatly with the goals of the John Smith Fellowship programme - 'to strengthen and deepen democratic awareness through a programme which shows the workings of democratic organisations and their role within a democratic society'.

As John McClusky has said, the John Smith Memorial Trust was formed in 1995 as a memorial to John Smith, a memorable leader of the Labour party. Our families lived across the road from each other in Edinburgh for years. We came from the same legal tradition - the Edinburgh lawyers, who stand for justice and the rule of law. John was deeply committed to democracy, social justice and good governance. He believed passionately that democratic politics was the best practical way of achieving social justice.

The Fellowship Programme established in John's name seeks to give practical effect to that belief, by inviting young leaders from Armenia, Kyrgyzstan, Georgia, Moldova, Russia and the Ukraine to spend six weeks in the UK. This year's fellows are nearing the end of their time, and have done a remarkable amount, thanks to the Trust, the British Council and the many people who have guided their studies during the attachment period. I am personally delighted that my Department is able to provide core funding for these important Fellowships. And I am especially pleased to note that this year two Fellows spent some time in my own Department.

Can I cite just a few examples, among many, of what John Smith Fellows have gone on to achieve. One John Smith Fellow from Russia who works to protect vulnerable children campaigned successfully to raise the age of consent for girls from 14 to 16. A John Smith Fellow from Armenia, Deputy Minister for Finance and Economy, has produced a concept for an Armenian mortgage market development strategy. A John Smith Fellow from Georgia who looked at devolution issues in the UK was involved in drafting a UN Security Council Resolution on the conflict in the Kodori Gorge.

We can see from these achievements that many of your lives will have a major impact on the way the world is run. You are key to our future, for it will be people like you, people like the Human Rights Lawyer from Georgia (Besarion Bokashvili) who came to my Department, who will ensure that States prosper and that they continue to respect human rights, justice and the rule of law.

States that do not are less likely to grow economically and more likely to be sources of regional instability and havens for terrorist organisations and organised crime.

More fundamentally, the rule of law is about people's rights. It is about the responsibility of the state to provide equal protection for fundamental freedoms: for security, for liberty and for freedom of expression. This duty, I believe, is delivered through an equitable system of laws that are upheld and enforced by the courts, and for this there must be genuine access to justice.

When there are disputes between citizens or between citizens and the State, there must be legal certainty. Not doubt, or arbitrary law. There must also be certainty that the decisions of the courts are enforced promptly and without any form of prejudice. This is evident when we think about economic development and international trade. Without proper business laws, and independent legal procedures for deciding commercial disputes and enforcing judgments, investors, especially foreign investors, will not commit their funds. The rule of law and the knowledge that there is in an independent judiciary is key to all trade. Business leaders need confidence to invest. And they need commercial freedom to develop.

At no time is it more important to defend the rule of law and the rights it protects than when the State comes under attack from terrorism and insecurity. The pressure in those circumstances to compromise the rule of law, and justice, becomes strong. How we resist those pressures is a test of our values as a society. It is a test of those principles that John Smith stood for: of democracy, of social justice and of good governance. It is a test that all societies face.

In order to make sure we in this country pass that test we have established the principles of social justice in our Human Rights legislation.

The origins in this legislation lie in the horrors of World War 2, the slaughter and dispossession of millions of innocent people - Jews, Gypsies, black people, homosexuals, disabled people, as well as political dissidents. All of that oppression showed why we needed a major statement of basic human rights.

The UN Declaration was the first of the great strokes on the post war international human rights canvass and was the first step towards ensuring that social justice and democracy are the fundamental bedrock of our society.

The UK has a continuing commitment to human rights through the Human Rights Act. The Act made the European Convention on Human Rights and the principles it defends, enforceable in the UK. But we have always had a commitment to a lot more than bare legal compliance with the Convention. It's actually a commitment to building a culture of respect for rights - a culture which makes a real difference to how we treat each other and how we are treated by the state.

But the state has to respond to pressures and in responding to these pressures we recognise that laws and our interpretation of rights may need to be adapted.

Effective measures need to be put in place to protect our freedoms and our values. We should do as much as we sensibly and lawfully can to protect our citizens. But these changes must be proportionate to the fight, and consistent with our basic values. The state has a dual responsibility: to protect its citizens and their property on the one hand, but also to guarantee the fundamental rights of those within its jurisdiction on the other. That is the balance we must achieve.

That is why we believe in the UK that there must be - within government - a strong and influential voice for the rule of law. It will help to achieve the right balance between protecting a person's rights and ensuring their security.

I am delighted that these important issues are being considered by such a distinguished programme of speakers and panellists, and in front of such a diverse audience.

I would like to conclude by reiterating my pleasure that this conference is taking place, to thank all those involved for putting together and taking part in such an impressive day, and to wish the John Smith Memorial Trust well for all that it is doing, and will do in the future.

 


© Crown Copyright