We must find ways to enhance the rule of law

Thank you very much Dean Danilo Concepcion for the very kind introduction. Let me address the President of the University of the Philippines (UP), Alfredo Pascual, let me also formally acknowledge Dean Danilo Concepcion of the UP College of Law, Mrs. Jacquelline Heng, the members of the Association of the Pacific Rim Universities (APRU), members of the academe, distinguished guests, friends, ladies and gentlemen, good morning.

This morning, it is my honor and pleasure to join you – my brothers and sisters in the legal profession. Let me extend a very warm welcome to the delegates and guests of the APRU in this meeting today.  

Today, we live in extraordinary times. We have made giant strides in the realm of politics and economics, but are faced with numerous challenges to global peace and security.  

In the 21^st century, man’s extraordinary achievements that are meant to make this world a better place to live in are intertwined with man’s unbridled greed for wealth and power. These spur bloody conflicts, chaos, extreme violence and crimes against humanity.

Ladies and gentlemen, we must not separate ourselves from what is happening in other parts of the world, which we are only seeing on television in the comforts of our homes.

If we cut through the fog of newspaper headlines, extensive television coverage with stirring footages, the inescapable truth unfolds: today, we are fighting a different war.

This is not a war of nation against another nation. This is a war waged by governments against agile, stateless, brutal but resource-rich networks of criminals. They move quickly and stealthily across national borders to do their business.

And what are their lucrative businesses? Trade in illegal drugs, human trafficking, arms smuggling, piracy, cybercrime, money laundering, to name a few.

Transnational crimes are on the rise. The United Nations Office on Drugs and Crime (UNODC) found that victims of human trafficking from Asia are scattered all over the world.  The International Labor Organization’s (ILO) Global Estimate of Forced Labor in 2012 likewise established that the Asia-Pacific region has the highest number of forced laborers– including human trafficking for labor and sexual exploitation- with 56% or 11.7 million victims.  

           

On the other hand, radicalism espoused by extremists has taken root in our country, and in the rest of the world. Extremists have entered our borders seeking sympathizers who will join their cause.

It is tragic that in the 21^st century – a century that is supposedly marked by tolerance and openness -- mass murders are committed in the name of religion.

Moreover, it is also an irony that in the age of globalization,   criminal networks are organizations without borders. Their tentacles are spread throughout the globe.

Well, even in the last century, we already had the Mafia as an outstanding example of a cross-border criminal organization. It was born in Italy and exported to the United States.

Today, ethnically-based criminal groups are operating in different countries with allegedly strong and extensive connections in foreign governments. Even the Somali pirates are boasting of their powerful connections.  

If nation-states are benefiting from the advances of technology and information revolution, criminal networks are benefiting as well, and perhaps even more.   These networks are led by educated criminals and not plain and uneducated bandits. They are strategic-thinkers and tech savvy.

Governments with weak public institutions, corrupt law enforcers and politicians, are highly vulnerable to these criminal networks. Given these, it is not easy for states to control crimes within their respective borders.

To address the challenges of peace and security, states must not act and cannot individually. Now, more than ever, states must band together and collectively seek a solution. Coordination and information-sharing among countries is a must.

Having said that, I commend the organizers of this year’s 6th Law Deans Meeting of the Association of Pacific Rim Universities (APRU) for coming up with the timely theme: “The Role of Law in Peace and Security in Asia-Pacific”.

           

We could say that the role of law in peace and security is to uphold and implement the rule of law. But what do we mean exactly by the rule of law? The phrase is often held to mean that states must be ruled by governments of law and not of men. The widely-accepted definition of the phrase sees the rule of law as a system where all persons – including those governing them – are accountable under the law. This entails fairness of laws and efficiency of the legal process.

 The concept of the rule of law, however, is not limited to individual states. We are now moving towards the creation of a globalized community. Crimes have now crossed borders. Radicalism has escaped the confines of a single state with extremists seeking to erode borders of countries and individual beliefs to create a land of their own image.  Transnational crimes are rising with criminal networks taking advantage of eroding borders to strengthen and consolidate their connections.

Ladies and gentlemen, I hope that in this meeting of the premier alliance of research-oriented universities in the region, we can find ways to enhance the role of the law, as well as the rule of law. It is in academic gatherings such as this that problems are identified and   solutions are proposed. 

Aside from strengthening institutions like the United Nations, the International Court of Justice, and the International Criminal Court, among others, we can find solutions in academe. It is in the field of education where we can generate new ideas and examine their effectiveness before introducing them to the world.  

As mentors of future lawyers, you may ask yourselves these questions:  How do you teach the rule of law to your students? How can you inspire students to educate other people about the rule of law, as well as respect for the law?

           

We must begin with small steps, I submit. We should identify solutions and seek to solve them by communicating as a community and sharing our experiences with one other. We should think as global citizens and hold ourselves accountable for the troubles suffered by others even if they are miles away from us. When we help and identify with each other, the attainment of peace, order and security is not impossible.

Ladies and gentlemen, next week, the Leaders’ Meeting of the Asia-Pacific Economic Cooperation will be held in Manila. This is significant, because from what I understood from President Pascual, this group, the APRU, was born from APEC meetings. Perhaps, the ideas that will be discussed in the APRU sessions could be relayed to the APEC leaders. After all, they are in a position to effect positive changes. Together with our leaders, let us dream and work for a more peaceful and more secure region.

Let me end by wishing each participant in this meeting a productive, memorable and meaningful time in the Philippines. I have to apologize ahead, because of the traffic that you will experience here in Manila, given that there will be 21 leaders of the APEC that will be coming to the meeting next week. And they will be start arriving, I think, over the weekend and on Monday. Just brace yourself for the terrible traffic. That is not unusual, I just came from Moscow and the traffic is just as bad (laughs).

I hope that you will bring back to your respective countries pleasant memories that will encourage you to come back in the near future.

Maramang salamat po, as we say in our local dialect, thank you very much.