Our Perspective

access to justice and rule of law

Rule of law : The key to the ‘virtuous circle’

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Policemen at General Kaahiye Police Academy in Somalia undergo training in criminal investigation, to equip Mogadishu with a team of police officers that will effectively be able to deal with criminal investigations. Photo: UNSOM

Does rule of law matter for development?  What role should it play in the post-2015 agenda?  It’s an important issue.  We, at UNDP, advocate for strengthened rule of law and access to justice, but the issue is how to get them prioritized among many competing targets and goals for the Sustainable Development Goals (SDGs), and get governments to put budgets and political will behind them.  We need to prove that human development can’t be achieved without them. We still have a long way to go to make the case.  One popular argument is that without good rule of law and secure property rights, countries cannot attract the foreign investment they need for growth.  But the empirical foundation for that claim is rather weak.  It seems that the economies of the Asian tigers began to boom long before they established rule of law, with China and Vietnam being just the most recent examples.  More importantly for us, this argument doesn’t help to understand whether rule of law will deliver better outcomes for the poorest and most vulnerable, who are the focus of our work. Recently, I focused on the work of Daron Acemoglu and James Robinson, and in particular their recent book... Read more

Land and property governance – a matter of development and human rights

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Access to land for women is a key development issue. Photo: Prashanth Vishwanathan/ UNDP India

Although more than 115 nations recognize, in their legal frameworks, women’s equal rights to property and inheritance, in many countries women continue to face discrimination when it comes to land and property rights, Land plays a critical economic, environmental, social, cultural and political role in the development of states and people. Control of land and related natural resources is linked to power and identity, and can be a source of conflict and crisis. Land and natural resource management also lie at the core of ensuring environmental sustainability, including the maintenance of ecosystems and biodiversity. For indigenous and tribal communities, access to land and the protection of their traditional tenure practices are critical to their existence and identity. Failed land policies can also cause massive migration of workers from rural to urban areas. Having access to land and security of tenure provides a gateway to a range of economic, social, civil and political rights. Hence, when people, in particular indigenous communities, women, the rural poor or urban slum dwellers achieve secure access to land or property, they can start to enjoy a greater sense of economic security, improve their livelihoods, but importantly also, gain capacity, interest and influence in decision-making. We have... Read more

Rule of Law and quality public services are key enablers of development

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A worker tallies the trucks at the Santo Nino dump site in Tacloban, Philippines. (Photo: Lesley Wright/UNDP Philippines)

It is no longer enough for individuals to just receive services. It is equally, if not more important, to pay attention to service quality, as well as the quality of communication between public service providers and the people they serve. To bridge the knowledge gap on how to situate, understand and act on Rule of Law challenges in public administration, we developed a self-assessment tool for governments, in cooperation with the Swedish Folke Bernadotte Academy  . This measurement tool uses six clearly defined Rule of Law principles: legality, accessibility, transparency, the right to be heard, the right to appeal, and accountability. The tool assesses ‘the governance of service delivery’, using a rights-based perspective to analyze gaps between the offer– which services people should be entitled to and under which conditions – and the delivery – what people receive in reality and how these services are delivered. Piloted in three countries – the Philippines, Ukraine and Sierra Leone – the tool focuses on selected administrative processes and services affecting the rights, liberties or interests of private persons, including the private sector. The ultimate aim of the assessment is to ensure that action is initiated at the appropriate level to address the weaknesses... Read more

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