Tag Archives: ICG

Immeasurably important? The development discourse eyes the rule of law

by Rhodri C. Williams

Its been a busy 18 months in my new rule of law gig, and an eye-opening time to boot. While the range of issues falling under the rule of law umbrella is impressive in principle, I have found myself inevitably stove-piped in practice, with my housing, land and property (HLP) interests finding expression mainly in sporadic consultancies, and justice sector reform issues suddenly front and center in my professional life. Not that I am complaining, mind you.

Judicial reform is just another lens on the whole muddle of good intentions and mixed results I was approaching earlier mainly from a humanitarian perspective, and a change of perspective can be refreshing. I also expect that as I proceed down the rule of law road, I will have opportunities to unpack more and more of my HLP baggage along the way. But for now, it is very interesting to have at least a back row seat on the evolving definition of rule of law and how it relates to broader development assistance efforts.

Recently, a colleague (who I will hat-tip if she likes this post) sent me links to a pair of pieces that helped to crystallize some of the recent debates in this area in my own mind. The first was to a recent Washington Post op-ed by Gary A. Haugen of the International Justice Mission. Haugen describes the explosion of private security companies in the developing world and the extent to which this has resulted in a monopoly on protection from violence for the rich:

As elites abandon the public security system, their impoverished neighbors, especially women and girls, are left relying on underpaid, under-trained, undisciplined and frequently corrupt police forces for protection and all-but-paralyzed courts for justice. ….

When a justice system descends into utter dysfunction, those who exploit and abuse vulnerable people may do so without fear of apprehension or prosecution. As a result, violence is an everyday threat, as much a part of what it means to be poor as being hungry, sick, homeless or jobless.

Interestingly, this piece also exposes the great home truth about the ‘civil and political’ rights traditionally protected by judiciaries. Exclusive proponents of such rights (in countries ranging from the US to Sweden) have often lauded them for being ‘negative’ (in the sense that they involve government duties to refrain from taking actions), and therefore ostensibly cost-free to taxpayers.

This in contrast to social and economic rights, which are ‘positive’, entailing affirmative government actions (and expenditures), and therefore often decried as an unwarranted intrusion in the inherent right of governments to roll the pork barrels toward whichever constituency they choose. In the present case, the lurch toward private security has at least laid bare the extent to which courts actually represent a highly expensive ‘positive’ guarantee necessary for the equitable protection of any kind of rights.

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New report analyses the rule of law in Libya (as the transitional vetting debate tests it)

Libya Report coverI am very happy to announce that the International Legal Assistance Consortium (ILAC) has just published a new report based on the rule of law assessment I helped to organize last January in Libya. While I had a hand in writing the report, it is the product of a fruitful collaborative effort with the assessment team members, all of whom were experts representing ILAC’s member organizations. A pdf version of the report, as well as summaries in English and Arabic, can be accessed here.

The ILAC report focuses on the role of core rule of law institutions such as the private bar and judiciary, and sets out recommendations for enhancing both their independence and their effectiveness in a new, democratic Libya. A very important part of the report’s analysis focuses on how the legal system is affected by the current transition, and notes the dilemma for the judiciary in particular – in that regular courts are both saddled with the delicate task of bringing those accused of crimes in connection with the 2011 uprising to justice and are themselves likely to be the object of vetting efforts in connection to the role that some judges played under the Gaddafi regime.

Despite the rule of law focus, in other words, the report delves into a number of transitional justice issues, most notably prosecution and institutional reform. In this sense, it complements the earlier work I did for UNHCR on property and displacement issues, which approached the transitional justice debate in Libya primarily from the viewpoint of victims’ reparations. Our report also comes hot on the heels of the latest by the International Crisis Group (ICG), which focuses squarely on the current showdown between the state and judiciary on one hand, and revolutionary brigades on the other.

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Kyrgyzstan cracks down on the ICG in Osh

In case anyone was wondering why TN guest-author ‘Kaigyluu’ has opted to remain anonymous (or pseudonymous?), a statement by the International Crisis Group (ICG) today may provide some insights. It seems that Kyrgyzstan’s State Committee for National Security (SCNS) has not only harassed five people who recently spoke with an ICG analyst in the country but also interrogated the analyst himself.

In their twelve years of presence in Kyrgyzstan, the ICG states that they have “never faced this level of harassment.” They also allege numerous violations of Kyrgyz law in the manner in which their analyst was treated:

He was denied access to a lawyer. The SCNS officers refused to identify themselves by either rank or name. He was not shown any documents authorising his detention and the search of Crisis Group’s vehicle. His laptop, notebook and other items were confiscated. The SCNS refused to provide him with documentation of any kind. Repeated attempts by Crisis Group’s lawyer to obtain these documents from the Office of the Prosecutor General in Osh have also failed.

For those who have read Kaigyluu’s recent posts (critiquing both local policies and international responses to the 2010 violence in Kyrgyzstan), it will be unsurprising that this harassment took place in Osh, the main city of Kyrgyzstan’s ethnically troubled south. Care will clearly need to be taken to ensure that the ICG’s local interlocutors are not exposed to further perils for having spoken with the Group’s analyst. However, these incidents were clearly meant to tamp down criticism of Kyrgyzstan’s default policy of punishing the victims of ethnic violence. It is to be sincerely hoped that they will have the opposite effect.