Funke Aboyade
22 October 2007
Lagos — The week long annual conference of the International Bar Association considered the most prestigious event on the international legal calendar, took place last week in Singapore. FUNKE ABOYADE who was there, highlights some aspects of the conference
With record breaking attendance of about 4,000 lawyers from over 120 countries, last week's 2007 conference of the International Bar Association was an outstanding success. Singapore, rich in diversity, culture and history and the convention city of choice in Asia, provided the perfect setting. Suntec Singapore International Convention and Exhibition Centre, venue of the conference, is one of the largest in the Asia-Pacific region with capacity sitting of 12,000. It was a win-win situation for the IBA, which prides itself as the global voice of the legal profession. The Association led by its President, Mr. Fernando Pombo, promised a week of learning and fun for delegates and they delivered.
Former Prime Minister Lee Kuan Yew, now Minister Mentor, gave the keynote address, for which he received a well deserved standing ovation.
The choice of Singapore as conference host was however not without controversy and prior to the conference opposition groups in Singapore and some human rights bodies had protested its venue, citing human rights violations and arbitrary detentions under Singapore's Internal Security Act. They also had a grouse with the ruling party's, People's Action Party, use of defamatory law suits against news media (mostly foreign, as the local media is strictly controlled) and opposition members to whip them into line. As huge sums in costs and damages are routinely awarded by Singapore's courts in such cases, the defendants often end up being declared bankrupt and therefore barred from participating in future elections. Political activity and certain freedoms are also severely curtailed.
This is most likely what led to Amnesty International and Reporters Without Borders ranking Singapore and Zimbabwe together on press freedoms and censorship, a charge which Lee dismissed during a question and answer session with delegates immediately after his speech.
'I don't measure myself by the yardsticks of Amnesty International, Freedomhouse or Reporters Without Borders. I measure myself by the governance of my people.' Lee retorted, pointing out that his government had succeeded against all odds in establishing a system whereby there was peace and stability, no easy feat in a multi-ethnic, multi-religious society like Singapore.
Lee was unapologetic. 'There's good health, good housing, good jobs, good education, good hospitals'
He pointed out there were no restrictions on internet access but that 'we do not allow certain subjects to become bones of contention. When we banned Salmon Rushdie's Satanic Verses in 1989 people thought we were draconian, but we saw no need to be involved in the Muslim/free speech controversy'.
'Why' he wondered 'should a cartoon in Denmark become our issue?'
Lee acknowledged that with the increasing challenges of globalisation, it was becoming more difficult to avoid these situations. 'I'm not saying we should retreat if threatened or faced with destruction (by extremists and terrorists), but live and let live; it's practical and responsible to do so.'
Governments, he declared, must be prepared 'to take unusual steps and procedures' for the good of the people.
This last, a piece of advice that the Yar'Adua government might want to heed in the worsening crisis currently engulfing the House of Representatives.
The opening ceremony was covered in detail in last week's THISDAY LAW (How Rule of law, Anti-Corruption Transformed Singapore - Lee Kuan Yew).
Rule of Law Commands Conference Attention
Perhaps mindful of the criticisms which attended its conference choice of Singapore, and in furtherance of its commitment in any event to the rule of law, the conference for the first time ever devoted an unprecedented one day to a rule of law symposium, building on the success of the one held at last year's conference in Chicago.
The IBA is committed to strengthening the rule of law worldwide and in 'helping our members formulate concrete plans for action in their respective countries'.
At its Council meeting at the 2005 annual conference in Prague, the Association had passed a resolution deploring the increasing erosion of the rule of law globally. Listing an independent and impartial Judiciary, the presumption of innocence, the right to fair hearing, a strong and independent legal profession, equality of all before the law, amongst others, it averred that the rule of law was the bedrock of any civilised society, adherence to which liberated and protected the individual. It also urged members to speak out in support of the rule of law in their respective communities.
The symposium was surprisingly very well attended, considering it took place on the last day of the conference when many delegates had already left for home and those remaining were suffering from conference fatigue.
Prior to last Friday's symposium, a showcase session had held Wednesday, titled, The importance of the Rule of Law to International Business. The session examined the relationship between the rule of law and economic development.
Singapore of course is a stellar example. Currently ranking first worldwide in terms of legal framework and with a stable and predictable legal environment, it continues to be a business, banking, shipping and aviation hub and port of first choice for international businesses and investors.
As pointed out by Mr. Lee during his keynote address, Singapore's sound financial and legal system as well as good governance stood it in good stead to withstand the 1997 Asian financial crisis which caused the collapse of the banking systems of several Asian tigers.
Fight Against Corruption Also Takes Centre Stage
One interesting showcase session was the one titled, The Many Faces of Corruption - Efforts, Challenges and Opportunities for the Future which was presented by the IBA's Human Rights Institute. Established in 1995 with South African and global icon, Nelson Mandela as honourary President, the Institute 'has become a leading force in setting government agendas in human rights and promoting respect for the rule of law worldwide'.
The session dealt extensively with different perspectives and cultural perceptions about corruption and whether there was a universal definition all could agree on in spite of cultural differences whereby the giving of bribe in some countries would only be seen as a gift. The United States has been frequently accused of attempting to export its own definition of the terms, 'unethical' and 'bad business'. US companies have however complained that this places them at a disadvantage with non-US companies who are not bound by anti-bribery laws such as the FCPA (Foreign Corrupt Practices Act).
It agreed there could well be a universal definition of corruption, a customary norm. Transparency International's Angela Keller-Herzog gave a broad definition of corruption as 'the abuse of power for private gain'. Her fellow panelists and the audience agreed with her.
The presentation on China was quite interesting what with the received wisdom being that 'China is drowning in corruption'. Reeling off statistics which show that only 3 out of 100 corrupt people are caught, it was clear to see why corruption in China is seen as a high return and low risk activity. On the corruption perception index it is ranked 70 out of 163 nations.
However, China is not just folding its arms and doing nothing about it. It has passed several legislations, including its anti-money laundering Act. Several high profile and high ranking individuals and government officials have been nabbed, including a Politbureau member for the first time, last September. Just last year also, a Vice Minister of a region was expelled from the ruling party after he was caught accepting bribes to the tune of $10m in respect of stadia construction for the forthcoming Beijing Olympics. The chairman of the state food and drugs agency was also found guilty of accepting bribes and overlooking wrongdoing and was subsequently hanged.
Be the first to Write a Comment!
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
