Thoughts on the Evolution of a Rule of Law Justice Sector Program

Ideally, the genesis of an international Rule of Law “development” project should entail the meetings of the minds between the donor and the beneficiary.  Some of us like to say that there has to be “buy-in” from the host government as well as the individual host organizations that might be involved in the project.  This would show the cooperative efforts of all concerned towards what could be the key goals of the mission:  strengthening of the rule of law and the fostering of  accountability and transparency.  For example, a specific justice sector program’s mission might be to build the capacity of the host country’s criminal justice sector institutions through improving the ability of their professional staff to deliver fair and effective justice services to citizens.  Sometimes, the initial focus is to help a country build its police and prosecutorial capacity through formal training programs of academic instruction.

What I have discovered is that what the donor organization (which may include the program implementer as well) wants to see happen may not necessarily be best suited to the way the project should be carried out.  One does not become an international development practitioner overnight.  While an expatriate technical advisor may have stellar credentials from his or her prosecutorial days in their particular state or country, they may have never lived in a different environment other than their own.  This can lead to disastrous results because there is a lack of understanding of, and maybe a lack of empathy for, the recipient of the technical advice.

A long time ago, I witnessed a foreign “expert” deliver a lecture on American jurisprudence and individual rights to an academic group in a socialist country.  The audience was barely curious and did not seem to engage.  What the “expert” did not realize was the group’s lack of understanding of what he believed were common concepts, until someone asked “what is the right to privacy?”  Once it became obvious that there had been such a gulf between the lecturer and the trainees, the “expert” was able to correct the situation and begin to provide examples that the local nationals could finally relate to!

I was at the very beginning of my professional “Rule of Law” work, and it was a fine lesson for me too:  borrowing from the Spaniards, there are many “Ruperto el Experto” types, but few that meet the “experto crede Ruperto”  standard.

Rule of Law Resources

Below is an incomplete list of Rule of Law resources that I have found very helpful throughout my work.  Because of my concentration on Afghanistan in recent years, some of these resources include specific Afghan projects.  However, some of the references and issues are applicable to other rule of law and justice sector contexts.  I will be supplementing this list as best I can as time goes by.

Afghan Women Network (AWN)

Afghanistan Legal Documents Exchange Center (ALDEC)

Afghanistan Legal Education Project (ALEP)

Afghanistan Research and Evaluation Unit

Center for International Governance Innovation (CIGI)

Harvard Islamic Research Studies

Hauser Global Law School Program: (GIRoA Legal System and Research)

Humanitarian Crisis in Afghanistan

Independent National Legal Training Center

International Committee Red Cross (ICRC) Afghanistan

International Legal Foundation

International Network to Promote Rule of Law (INPROL)

Law Library of Congress

LexisNexis – The Rule of Law

Max-Planck-Institute Organization and Jurisdiction of the Newly Established Afghan Courts

Relief Web International (Afghanistan)

The Afghanistan NGO Safety Office (ANSO)

The Siracusa International Institute for criminal justice and human rights

United States Institute of Peace

University of Michigan Law Library

Women for Women

Yale Law School – Lillian Goldman Law Library

Justice Sector Support Programs Worldwide

When it comes to U.S. Government foreign assistance to rule of law development programs, or international justice sector support programs, we need to look at the Democracy, Human Rights, and Governance  (DHRG) section of the U.S. Government’s website on all foreign assistance programs, since rule of law projects fall under this section.  If you visit the site, you will discover that for Fiscal Year 2018 $1.8 billion have been planned for the DHRG sector, out of $25.8 billion.  Peace & Security as well as the Health sectors and Humanitarian Assistance take the biggest pieces of the pie in foreign assistance.

Although DHRG is relatively small in the scope of U.S. international development support, I believe it is a critical component in what we do as a country and as a people.