Faith

In my corner of the bush, the term ‘rule of law’ is acquiring popular coinage. Like its predecessors, “human rights and democracy”, “corruption and good governance” and “transparency and accountability”, “rule of law” is now the new fashion phrase taken from a foreign language. I haven’t heard the term translated and used in more than a couple of the 140 odd local languages in daily use in the region.  Perhaps its mystique, power and appeal are locked in its un-translated foreignness.

Judicial reform, a critical pillar of Afghanistan’s reconstruction, has made little progress owing to the dysfunctional legal education system among other factors.

One of the intended uses of the WJP Rule of Law Index is as an action planning tool for global civil society. The Rule of Law Index truly comes alive when citizens are given the opportunity to analyze information and shape implementation with their own aspirations and situational context.

“We have given dignity to the children of Adam.” -The Noble Qur’an, 17:70

Spending time on the ground in countries like Liberia and Nepal, it soon becomes clear that despite good intentions, we still have very little idea how best to support the accountability of power-holders to citizens. There are hundreds of organizations working on corruption, transparency and accountability (words which are themselves confused and used inter-changeably); but the combined effect of these efforts is still much less than the sum of its parts.

Last Friday marked the second anniversary of Egypt’s January 25th revolution, which toppled former Egyptian President Hosni Mubarak. Yet the weekend’s celebration has been marred by five straight days of clashes between opposition protesters and security forces.

In large parts of the world, indigenous courts, councils of elders, and similar traditional authorities play a central role in the resolution of disputes. Despite all cultural differences, they share common features. Their relations with the state justice institutions are in many cases problematic, especially when they are not formally recognised. Nevertheless, they are perceived as legitimate institutions by local populations.

In some developing countries, informal or traditional justice systems resolve up to 80 percent of disputes, over everything from cattle to contracts, dowries to divorce. Disproportionately, these mechanisms affect women and children.

I would like to explore a new rule of law with you. A funny one. One that could confront you in the future (but you won’t know that until that future is there).

On June 18 of 2012 the Plurinational Constitutional Tribunal (TCP) in Bolivia issued a ruling[i] which many had hoped would resolve an ongoing situation of violent social conflict which has questioned the State’s position on the rights of indigenous peoples for close to a decade.  The issue under debate is the construction of a road through the indigenous territory known as the Isiboro Sécure Indigenous Territory and National Park –TIPNIS, inhabited since before the Spanish colonization by the Chimán, Yuracaré and Mojeño-Trinitario indigeno

The importance of the (inter)national rule of law for peace, fairness, and economic growth is generally acknowledged inside and outside the United Nations. However, there is mounting scepticism regarding the success of rule of law promotion by the UN and other international organizations and donors at the national and international levels during the past two decades.