How can the rule of law be promoted in developing countries? Which USAID programmes are working on this and in which areas of the world? This paper gives an overview of programmes since the mid-1980s and describes how USAID approaches justice reform.
There has now emerged a global consensus on the centrality of the rule of law to democracy and economic development. Yet, in many developing countries, there are still inadequacies in the justice system. For example in many countries antiquated legal structures remain from colonial powers. Alternatively transition from dictatorship to democracy can bring legislation out of line with reality. Inertia, corruption, inefficiency and/or discrimination are the result.
USAID has developed four main approaches, which identify and resolve problems at different levels within the system, from examining the basic legal framework to encouraging change agents for reform.
Torture, genocide and violation of human rights must be accounted for. A transparent and impartial legal system is necessary for a market economy. This is what USAID is working for in programmes as far afield as Mongolia and East Timor. The most comprehensive USAID programmes are taking place in the Latin American and Caribbean regions (LAC) and in Europe/Eurasia.
- In the LAC, long-term systemic reform is aimed at reducing human rights abuses, large-scale crime and immunity from prosecution.
- In Europe/Eurasia help is needed with the transition to a democratic market economy.
- Countries with non-Western, or plural, legal traditions face the challenge of accommodating indigenous values into their legal framework.
- In many countries the ‘legal’ denial of access to justice for women is a problem.
- Ironically, in much of the developing world, justice officials are the most common abusers of citizen’s rights.
The four main approaches that USAID have developed after almost two decades of experience may be appropriate singly or in combination. (For example in Egypt USAID has focused on justice sector institutions, improving efficiency in two courts serving 12 million Egyptians.) These approaches are:
- The legal framework: Antiquated or unrealistic constitutions, organisational, procedural and substantive laws may entrench inefficiency, encourage corruption or fail to guarantee rights. Legal change is often necessary to bring legislation in line with practice and to implement justice efficiently.
- Justice sector institutions: Inefficiency and corruption among justice officials may be tackled by introducing new institutions (for example ombudsmen) or improving skills and resources of judicial actors.
- Access to justice: Women, religious minorities, the poor and the ill-informed continue to be excluded from the justice system in most developing societies. Legislation and budgetary provision for legal defence and other equal access mechanisms must be developed in co-operation with host country actors.
- Creating local demand or constituencies for reform: Vested interests and inertia must be countered through support for possible change agents such as bar associations, media and human rights organisations.
