the
(UN)
Justice
Secretary
in
$/2004/616
General
Conflict
(2004),
on the Rule of Law and Transitional
and
para.
Post-Conflict
6,
the
concept
Societies,
of the
UN
rule
of
Doc
law
was
defined as follows:
“It
refers
to
the
principle
persons,
institutions
including
the
are
State
publicly
independently
principles
to
entities,
and
public
itself, are accountable
promulgated,
adjudicated,
with international
requires,
and
of governance
human
and
which
rights norms
as well, measures
of supremacy
equally
which
all
private,
to laws
that
enforced
are
and
consistent
and standards.
to ensure adherence
of the law, equality
It
to the
before the
law, accountability to the law, fairness in the application
of
the
law,
separation
decision-making,
of
legal
powers,
certainty,
participation
in
avoidance’
of
arbitrariness, and procedural and legal transparency.”
54. It is quite clear from the foregoing definition that the rule of law is the
king-pin
that
ferments,
and
by
which
nation
aspire towards the ideal of good governance.
states
progressively
For present purposes,
the standard for rule of law captured therein is first, the existence of
laws
that
are
independently
publicly
adjudicated,
promulgated,
and
secondly,
equally
measures
enforced
that
and
ensure
adherence to the principles of supremacy of the law, equality before
the law, accountability
to the law, fairness
in the application
of the
law, separation of powers, and procedural and legal transparency.
55. The evidence on record in the instant case is that Act No. 1/26 was
indeed
publicly enacted
Reference No.1 5 of 2014
by the Parliament of Burundi.
On the other
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