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 Page 24

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