Rule of Law Matters
Lessons learned over three decades are helping USAID chart a future of people-centered justice
What does it mean that some 5 billion people globally have unmet justice needs? Does the rule of law really matter to these people, to democracy, to leaders?
Rule of law matters to the everyday lives of people around the world and their ability to be prosperous and safe. It matters to justice system actors who work to deliver effective and timely services to their fellow citizens.
It matters to the well-being of nations, to their security, to their economy, and especially to their ability to maintain liberal democracy.
With the recent rise of authoritarianism, concerted disinformation campaigns, and attacks on democratic norms, promoting the rule of law matters more than ever for all of us.
Recently, USAID published a Rule of Law Achievements Report highlighting concrete achievements that have been sustained beyond USAID support, and continue to contribute meaningfully to the rule of law. For the report, USAID cataloged 340 activities in 83 countries from 2005–2020, analyzing achievements and selecting 16 countries with strong, diverse examples of rule of law programming.
USAID’s rule of law approach has centered on the systems that offer justice resolutions, the services these systems provide, and the society that, broadly, engages, demands, and benefits from the rule of law. Against the backdrop of this approach, the report identified five major areas of achievement.
Greater Judicial Independence
Countries with strong, independent judicial institutions capable of self-governance appear less susceptible to backsliding, particularly when judicial institutions are equipped to select, monitor, discipline, and train judges.
In 2006, USAID helped establish the Kosovo Judicial Council (KJC) as the highest policy-making body, responsible for the management of the judiciary and overseeing judicial appointments and discipline. Over the years, KJC was the centerpiece of USAID’s rule of law assistance in Kosovo. USAID supported KJC’s efforts to design strategic plans and policies, to develop an electronic case management system, to enhance the professionalism and accountability of judges, and to improve mechanisms for judicial selection, evaluation, and discipline.
USAID’s systems approach with a focus on strengthening local capacities, transparency, and accountability, improved KJC’s capacity to successfully fulfill its mandate. In the last two decades, KJC went from a newly established institution to one that is citizen-centered, exercises independent leadership, and proactively works to address systemic issues and tailor service delivery based on citizen needs and feedback.
Enhanced Administration of Justice
USAID introduced automation to improve oversight and efficiency, while promoting professional court administrators who shifted administrative tasks away from judges, allowing them more time to focus on decision-making.
In Jordan, the MIZAN case management system, which was initially piloted and then rolled out to all courts in 2007, successfully improved e-services for users by automating processes such as notary services, pretrial services, and adjudication. The system was successful in part because of USAID’s continued collaboration with the Ministry of Justice to update and increase the functionality of MIZAN based on user experience. Stakeholders say that the most satisfying aspect of MIZAN is easy access to data that can be analyzed for decision-making and sector planning.
Improved Access to and Trust in the Justice System
USAID programming supported legal aid and law clinics, offering free legal services and advocacy and allowing lawyers to professionalize their skills. Recognizing a need for increased justice services at the local level, USAID invested in Community Justice Houses (CJHs), particularly in rural communities in Colombia and the Dominican Republic — which have continued for the last 20 years.
The CJHs are multi-agency, one-stop-shops co-located with community family centers where users can access prosecutors, public defenders, judges, police officers, and/or mediators in one location to resolve issues such as landlord-tenant issues, family law, labor issues, domestic violence, and human rights cases. Not only have the CJHs resulted in an increased number of users accessing the justice system, but in Colombia there was also an increase in the number of gender-based violence and human rights cases that were addressed.
Protection for Defenders, Women, and Vulnerable Groups
To build trust in the justice system, citizens need to see that their justice needs are met regardless of their background or circumstances. Bangladesh’s garment industry is the second largest in the world. However, women are particularly affected by weak labor laws that inhibit freedom of association and collective bargaining.
In response, USAID supported training for over 100 paralegals, through two labor rights programs since 2015, who assisted in filing complaints and negotiating settlements with employers, providing expanded access to affordable legal assistance for workers.
Embedding paralegals inside trade union federations reduced the cost of legal services and increased employer compliance with legal standards. Most paralegals now work directly for labor federations rather than for USAID partners, providing sustainability for these services.
Enhanced Ability to Combat Crime, Corruption, and Insecurity
Corruption threatens the rule of law because it undermines the notion that no one is above the law. In Bosnia-Herzegovina (BiH), USAID conducted a comprehensive assessment of corruption and integrity risks in the BiH judiciary, which became the basis for the successful USAID-supported Prosecutor Partnership Program. This tailored two-year training program enabled 70 prosecutors to develop the skills needed to prosecute corruption, economic and organized crime, and cyber-crime.
The Justice Activity program (2015–2019) produced diagnostic assessments and expert analyses covering key issues such as asset forfeiture, expert witnesses, and audit reports which strengthened accountability. To measure results of the program, USAID developed a Prosecutor’s Office Capacity Matrix, which monitored progress in five areas. The measurement scale ranged from 0 to 25, and initially all offices scored less than 5. After participating in the program, every office improved their scores with a range of 15 to 20, depending on the office.
The Future of Rule of Law Programming: People-centered Justice
These lessons will allow USAID to re-envision future rule of law programming, particularly the critical links with other areas of development such as global health, climate change, economic development, and labor rights. USAID will build on these achievements by tailoring programming to the unique needs of individual countries focusing on a people-centered justice approach — which starts with what people need and want when they seek justice. USAID will continue to work closely with local partners and individuals to ensure that the rule of law matters for all of us.
In addition to the full Rule of Law Achievements report, please refer to the regional summaries for Asia, Europe & Eurasia, Latin America & Caribbean, Middle East & North Africa, and sub-Saharan Africa. And look out for USAID’s soon to be released Rule of Law Policy.
About the Author
Teresa Cannady is the Justice, Rights and Security Consultant for USAID’s Center for Democracy, Human Rights, and Governance.
