Rule of Law

Jan 23, 2015 Editorial

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Quite frequently, most notably in our letter pages, we are reminded of the importance of the rule of law, and a very important point has frequently been ensconced – it is non-negotiable.
It has become clearer by the day that in all facets of our society, and at every level, persons are willing to test the system, and in many cases, display blatant disregard for that which provides us with direction and prevents anarchy. The past few years have seen dangerous levels of contempt from those in authority. Obvious cases of wrongdoing are matter-of-factly dealt with. This has unfortunately had a profound impact on the populace. We are losing our way.
The World Justice Project’s definition of the rule of law is a system in which the following four universal principles are upheld:
·    The government and its officials and agents as well as individuals and private entities are accountable under the law.
·    The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
·    The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
·    Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
It can be reasonably questioned whether Guyana upholds such principles.
Around the world, the rule of law is increasingly being recognised as an important aspect of conflict resolution and post-conflict peace-building. Similarly, its absence is often implicated as a source of conflict, at the very least serving to perpetuate instability.
Broadly speaking, the term ‘rule of law’ refers to the presence of transparent, evenly applied rules and statutes. Obligations, penalties and procedures are clear to everyone. Similarly, a system in which the rule of law reigns supreme is one in which the process through which law is created is open and accessible to all. These rules apply equally to everyone regardless of class, ethnicity, religion and the like, as well as also binding government organs. In other words, no one is above the law.
Therefore, an apolitical, uncorrupted police force is an important component. What is more, an impartial judiciary, in which everyone has access to the system, is necessary to adjudicate disputes. In many societies with a history of conflict and authoritarianism, however, these institutions are either ineffectual or complicit in the conflict.
A lack of rule of law in a country can be a source of conflict in a number of different respects.
Perhaps most obviously, the application of law favouring particular groups is likely to generate resentment amongst those slighted. Countries lacking the rule of law also often face economic disadvantage, which may become a source of conflict.
Development experts often point to the importance of having clear statutes for the enforcement of contracts and the like as a precursor to attracting significant investment, and consequently economic development.
The rule of law brings order to society. Constitutional reform and the establishment of new legal entities to deal with justice issues in the post-conflict phase are thus important components to a peace-building effort.
Ultimately, some argue reconciliation depends in part on the restoration of the rule of law. The international community has focused much attention on the means through which it can best assist countries to construct a rule of law system. Some argue that constructing the rule of law requires more than just building new institutions for a brighter road ahead. In their view, holding perpetrators of past abuses accountable for their actions lays an important moral foundation for the future.
Depending on the particular circumstances, this might involve one or more transitional justice mechanisms such as trials, international tribunals, truth commissions, or lustration measures. Compensation and restitution are also crucial in correcting past wrongs. Many transitional justice experts see uncovering the truth about past abuses as an important part of entrenching the rule of law. It involves a social transformation in which the rule of law becomes a widely shared value. It has been theorised that the connection between truth and the rule of law is through the development of civic trust.
In some circumstances, there may be calls to trade some degree of truth for the rule of law such as granting amnesties to forego prosecution. Otherwise, nervous perpetrators that retain significant power may find it more beneficial to disrupt the peace process to protect their interests. How unfortunate it is that we already have many such edgy individuals in our midst.

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