Access to Justice and Electoral Integrity The rule of law and access to justice The rule of law is widely acknowledged as the foundation to protect and safeguard human rights. The concept is translated and interpreted in different ways, but in general it refers to a system of governance which creates the necessary structure to support “equal accountability before the law, the fight against impunity for human rights violations, legal certainty and predictability, as well as the independence and impartiality of the judiciary.”8 It has been proclaimed a basic principle at the regional level by the Organisation of American States, the African Union and the Council of Europe, and at the international level by the United Nations.9 In words of the Kofi Annan, former Secretary General of the United Nations, it is: “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”10 7

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