Human Rights

“We have given dignity to the children of Adam.” -The Noble Qur’an, 17:70

The supremacy of the constitution and the rule of law are enshrined in section one of the founding provisions of the constitution. In effect, this means ours is a system in which all laws and conduct have to be consistent with our founding norms and values on pain of being struck down by the courts as invalid. While the constitution itself is contained in a single document drafted by the founders of our new constitutional order, the rule of law is less easily identified but no less important for the success of the democratic project the nation embarked upon in 1994.

One example of how society has come to view gender and disability is demonstrated by the iconographic historical symbol of justice, the blindfolded Lady Justice.

“The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.” - Dwight D. Eisenhower

With many people in low income countries denied the right to be heard, access to justice and equality under the law - fundamental and constitutional rights - it is not surprising to see individuals from affected communities taking matters into their own hands. In my country, Malawi, weak, unaccountable, and unresponsive legal institutions have led to groups of people standing up to protect what belongs to them.

There are important evidence-based studies that have shown, not least through the work of BRAC and Grameen Bank in Bangladesh, that by investing in and focusing on women as the centre of development interventions we achieve multi-layered levels of progress which rapidly spread from the household to the community and to the State level. These are also the interventions which have the most long lasting impact. When a woman is helped to recognize her own agency, and when her own justice seeking behavior increases, the behavior of the whole household changes.

Most Americans, if asked, would rank the United States at the top of any scale measuring rule of law compliance. This assumption is squarely challenged by the World Justice Project’s (WJP) recent rule of law index rankings for 2012: here the US fares well overall, but disturbingly low in critical areas of securing fundamental human rights, including worker rights.  

Last Friday marked the second anniversary of Egypt’s January 25th revolution, which toppled former Egyptian President Hosni Mubarak. Yet the weekend’s celebration has been marred by five straight days of clashes between opposition protesters and security forces.

It is likely that most US citizens who consider themselves informed about global events are aware of the genocides in Rwanda, Bosnia and East Timor, yet it’s likely that few people in the US are aware of the ongoing genocide in West Papua, New Guinea.

Interest in informal legal systems has grown in recent years with greater emphasis being placed on local ownership as an effective means of development. Non-state justice systems, including indigenous, customary, and religious legal orders; alternative dispute resolution mechanisms; and popular justice fora are often the only avenues through which the masses can access justice. Customary justice systems (CJS) provide access to justice for marginalised or impoverished communities that may otherwise have no other options for redress.

A major arena for successful pro-poor rule of law reform has been the provision of secure land rights for the rural poor. The bulk of the 70-75% of the extreme poor on our planet who make their livelihood in the rural sector fall into one of three great groups (altogether around 1.25 billion people) who lack secure land rights: tenants or agricultural labourers on lands of private owners; members of collective farms who have not yet received secure individual land rights in a break-up; and squatters on land claimed under public ownership.

The World Justice Project’s Honorary Chair Dr. Mohamed Ibrahim is a Sudanese-born, British mobile communications tycoon, the founder of Celtel, and the chairman of Satya Capital and the Mo Ibrahim Foundation.

The capacity of national justice sector institutions to prosecute the perpetrators of genocide, crimes against humanity and war crimes is one of the greatest challenges to national rule of law initiatives within the context of peace and security. Approximately 60% of States Parties of the International Criminal Court (ICC) are yet to adapt their national legal framework to the cooperation requirements, crimes and modes of liability defined by the ICC Statute. Positive Complementarity is the most important conceptual insight to address this.

Laurie Conway's film seeks to highlight the importance of the rule of law by focusing on Lawyer Beatrice Mtetwa’s efforts in Zimbabwe. In spite of beatings by police, she has courageously defended in court those jailed by the Mugabe government—peace activists, journalists, opposition candidates, farmers that had their land confiscated, ordinary citizens that had the courage to speak up.

For many, the failures of the struggle against sexual crime translate into a daily, ongoing nightmare. The MILEAD Fellows of the Moremi Initiative for Women's Leadership in Africa stand in solidarity and sympathy with victims and survivors of these crimes all over the world, particularly the woman who so tragically lost her life following her brutal gang rape in New Delhi just recently. We choose not to be silent in the aftermath of this particular case precisely because it is geographically removed. We are all connected.