Promoting the Rule of Law in Africa

The Rule of Law Workshop, Promoting the Rule of Law in Africa, raised a number of issues that can be explored productively by donors, governments and practitioners in the future. Each of these issues could not only stimulate and encourage modifications in relation to the direction in which rule of law (RoL) development has been conducted in Africa, but also improve the performance of donor support programming. The issues and suggestions
include the following:

  • Recognise that RoL development is primarily about power and politics, and not a technical practice to be left to lawyers, police officers, prison wardens, etc. It requires political acumen and development knowledge.

  • Mould support for RoL development to existing configurations of power and politics, rather than in accordance with the desires of donors or practitioners, which occurs all too often when it comes to donor-supported RoL initiatives.

  • Accept that in many instances significant elements of a recipient government and the domestic elite are political inclined not to engage in RoL development.

This then requires the adoption of a different type of RoL support programming.

  • Expand programming beyond the narrow confines of the criminal justice system into other areas of RoL that are of particular relevance to gender equality, such as family law, administrative law, juvenile justice and property/land rights.

  • Initiate programming that goes beyond the institutional capacity development model, which primarily includes the provision of technical assistance, training, capital equipment and infrastructure to the agencies of the state.

  • Adopt greater service delivery and problem-solving approaches that assume experience with the RoL perspective.

The approaches adopted should have greater relevance and applicability to communities and neighbourhoods, and may entail support to projects such as mobile courts, paralegal organisations, youth community groups and emerging trade unions.

  • Acknowledge and programme support for those local providers of justice and security that are legally authorised to deliver services, but are not state ministries and agencies.

  • Conduct detailed empirical analyses as often as possible and base RoL support programming upon such analyses.

  • Recognise that sustainability can be promoted if community-driven development projects are integrated into justice and security programming. 

Compiled by: Eric Scheye

This publication was made possible through funding provided by the UK Department for International Development (DfID). In addition, general Institute funding is provided by the governments of Denmark, the Netherlands, Norway and Sweden.

 

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