Today I will be presenting my understanding and summary of the Report published by World Justice Project on Rule of Law Report 2022.
Introduction:
What is the Rule of Law? (Extracted from the Report)
The rule of law is internationally recognized as foundational to peace, justice, respect for human rights, effective democracy, and sustainable development. It influences every person’s daily life and helps communities organize themselves collectively to address challenges and to progress.
Effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. It is the foundation for communities of justice, opportunity, and peace—underpinning development, accountable government, and respect for fundamental rights. Traditionally, the rule of law has been viewed as the domain of lawyers and judges. However, everyday issues of safety, rights, justice, and governance affect us all; everyone is a stakeholder in the rule of law.
What does it measures?
People’s perceptions and experiences of the rule of law.
Countries Measured:
140 countries
Survey done on:
154,000 households and 3,600 legal practitioners and experts
Data Collection Period:
February 2022 through June 2022.
Crux of the study:
The rule of law has continued to deteriorate in a majority of countries worldwide not as extreme as in 2021 due to pandemics but evident in 2022 as well.
High Scorers:
Denmark, Norway, and Finland.
Low Scorers:
Venezuela, RB; Cambodia; and Afghanistan.
Score of South Asia and Performance of Nepal:
Bhutan and Maldives are not included for the study of this report.
In the Report it can be seen that Nepal is leading with 69th Position in Global Rank in South Asian Countries. The ranking shows below average to low score in this region. In Lower- Middle Income, Nepal ranks at 5th where Senegal is leading with score of 0.56.
Historical Score of Nepal has been 0.53 from 2015 to 2020 and in 2021 and 2022 the score is 0.52. It means Nepal has not improved on the score but maintained the status quo. The Global Average for 2022 is 0.55.
Indicator wise Performance of Nepal Vs Global Average:
Here, at or above average performance has been highlighted in Bold.
Here, Lets see what Principles and Indicators were used to Measure these score in great detail:
Principles used to Measure Rule of Law:
The World Justice Project defines the rule of law as a durable system of laws, institutions, norms, and community commitment that delivers:
Universal Principle One - Accountability: The government as well as private actors are accountable under the law.
Universal Principle Two - Just Law: The Law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as property, contract, and procedural rights.
Universal Principle Three - Open Government: The Processes by which the law is adopted, administered, adjudicated, and enforced are accessible, fair and efficient.
Universal Principle Four - Accessible and Impartial Justice: Justice is delivered timely and by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
These principles have been further developed into eight factors and 44 sub-factors.
Factor 1: Constraints on Government Powers
Factor 2: Absence of Corruption
Factor 3: Open Government
Factor 4: Fundamental Rights
Factor 5: Order and Security
Factor 6: Regulatory Enforcement
Factor 7: Civil Justice
Factor 8: Criminal Justice
Factor 9: Informal Justice (Not used in Index Score and Ranking)
Indicators of the World Justice Project Rule and Law Index
Factor 1: Constraints on Government Powers
1.1 Government powers are effectively limited by the legislature 1.2 Government powers are effectively limited by the judiciary 1.3 Government powers are effectively limited by independent auditing and review 1.4 Government officials are sanctioned for misconduct 1.5 Government powers are subject to non-governmental checks 1.6 Transition of power is subject to the law
Factor 2: Absence of Corruption
2.1 Government officials in the executive branch do not use public office for private gain 2.2 Government officials in the judicial branch do not use public office for private gain 2.3 Government officials in the police and the military do not use public office for private gain 2.4 Government officials in the legislative branch do not use public office for private gain
Factor 3: Open Government
3.1 Publicized laws and government data 3.2 Right to information 3.3 Civic participation 3.4 Complaint mechanisms
Factor 4: Fundamental Rights
4.1 Equal treatment and absence of discrimination 4.2 The right to life and security of the person is effectively guaranteed 4.3 Due process of the law and rights of the accused 4.4 Freedom of opinion and expression is effectively guaranteed 4.5 Freedom of belief and religion is effectively guaranteed 4.6 Freedom from arbitrary interference with privacy is effectively guaranteed 4.7 Freedom of assembly and association is effectively guaranteed 4.8 Fundamental labor rights are effectively guaranteed
Factor 5: Order and Security
5.1 Crime is effectively controlled 5.2 Civil conflict is effectively limited 5.3 People do not resort to violence to redress personal grievances
Factor 6: Regulatory Enforcement
6.1 Government regulations are effectively enforced 6.2 Government regulations are applied and enforced without improper influence 6.3 Administrative proceedings are conducted without unreasonable delay 6.4 Due process is respected in administrative proceedings 6.5 The government does not expropriate without lawful process and adequate compensation
Factor 7: Civil Justice
7.1 People can access and afford civil justice 7.2 Civil justice is free of discrimination 7.3 Civil justice is free of corruption 7.4 Civil justice is free of improper government influence 7.5 Civil justice is not subject to unreasonable delay 7.6 Civil justice is effectively enforced 7.7 Alternative dispute resolution mechanisms are accessible, impartial, and effective
Factor 8: Criminal Justice
8.1 Criminal investigative system is effective 8.2 Criminal adjudication system is timely and effective 8.3 Correctional system is effective in reducing criminal behavior 8.4 Criminal justice is impartial 8.5 Criminal justice is free of corruption 8.6 Criminal justice is free of improper government influence 8.7 Due process of the law and rights of the accused
Factor 9: Informal Justice (Not used in Index Score and Ranking)
9.1 Informal justice is timely and effective 9.2 Informal justice is impartial and free of improper influence 9.3 Informal justice respects and protects fundamental rights
Explanation of Every Sub Indicators in Detail to Understand the Report Better:
Factor 1: Constraints on Government Powers:
1.1 Government powers are effectively limited by the legislature Measures whether legislative bodies have the independence and the ability in practice to exercise effective checks on and oversight of the government.
1.2 Government powers are effectively limited by the judiciary Measures whether the judiciary has the independence and the ability in practice to exercise effective checks on and oversight of the government.
1.3 Government powers are effectively limited by independent auditing and review Measures whether comptrollers or auditors, as well as national human rights ombudsman agencies, have sufficient independence and the ability to exercise effective checks on and oversight of the government.
1.4 Government officials are sanctioned for misconduct Measures whether government officials in the executive, legislature, judiciary, and the police are investigated, prosecuted, and punished for official misconduct and other violations.
1.5 Government powers are subject to non-governmental checks Measures whether an independent media, civil society organizations, political parties, and individuals are free to report and comment on government policies without fear of retaliation.
1.6 Transition of power is subject to the law Measures whether government officials are elected or appointed in accordance with the rules and procedures set forth in the constitution. Where elections take place, it also measures the integrity of the electoral process, including access to the ballot, the absence of intimidation, and public scrutiny of election results.
Factor 2: Absence of Corruption
2.1 Government officials in the executive branch do not use public office for private gain: Measures the prevalence of bribery, informal payments, and other inducements in the delivery of public services and the enforcement of regulations. It also measures whether government procurement and public works contracts are awarded through an open and competitive bidding process, and whether government officials at various levels of the executive branch refrain from embezzling public funds.
2.2 Government officials in the judicial branch do not use public office for private gain: Measures whether judges and judicial officials refrain from soliciting and accepting bribes to perform duties or expedite processes, and whether the judiciary and judicial rulings are free of improper influence by the government, private interests, or criminal organizations.
2.3 Government officials in the police and the military do not use public office for private gain: Measures whether police officers and criminal investigators refrain from soliciting and accepting bribes to perform basic police services or to investigate crimes, and whether government officials in the police and the military are free of improper influence by private interests or criminal organizations.
2.4 Government officials in the legislative branch do not use public office for private gain Measures whether members of the legislature refrain from soliciting or accepting bribes or other inducements in exchange for political favors or favorable votes on legislation.
Factor 3: Open Government
3.1 Publicized laws and government data Measures whether basic laws and information on legal rights are publicly available, presented in plain language, and made accessible in all languages used in the country or jurisdiction. It also measures the quality and accessibility of information published by the government in print or online, and whether administrative regulations, drafts of legislation, and high court decisions are made accessible to the public in a timely manner.
3.2 Right to information Measures whether requests for information held by a government agency are granted, whether these requests are granted within a reasonable time period, if the information provided is pertinent and complete, and if requests for information are granted at a reasonable cost and without having to pay a bribe. It also measures whether people are aware of their right to information, and whether relevant records are accessible to the public upon request.
3.3 Civic participation Measures the effectiveness of civic participation mechanisms, including the protection of the freedoms of opinion and expression, assembly and association, and the right to petition the government. It also measures whether people can voice concerns to various government officers and whether government officials provide sufficient information and notice about decisions affecting the community.
3.4 Complaint mechanisms Measures whether people are able to bring specific complaints to the government about the provision of public services or the performance of government officers in carrying out their legal duties in practice, and how government officials respond to such complaints.
Factor 4: Fundamental Rights
4.1 Equal treatment and absence of discrimination: Measures whether individuals are free from discrimination— based on socio-economic status, gender, ethnicity, religion, national origin, sexual orientation, or gender identity—with respect to public services, employment, court proceedings, and the justice system.
4.2 The right to life and security of the person is effectively guaranteed: Measures whether the police inflict physical harm upon criminal suspects during arrest and interrogation, and whether political dissidents or members of the media are subjected to unreasonable searches, arrest, detention, imprisonment, threats, abusive treatment, or violence.
4.3 Due process of the law and rights of the accused: Measures whether the basic rights of criminal suspects are respected, including the presumption of innocence and the freedom from arbitrary arrest and unreasonable pre-trial detention. It also measures whether criminal suspects are able to access and challenge evidence used against them, whether they are subject to abusive treatment, and whether they are provided with adequate legal assistance. In addition, it measures whether the basic rights of prisoners are respected once they have been convicted of a crime.
4.4 Freedom of opinion and expression is effectively guaranteed: Measures whether an independent media, civil society organizations, political parties, and individuals are free to report and comment on government policies without fear of retaliation.
4.5 Freedom of belief and religion is effectively guaranteed: Measures whether members of religious minorities can worship and conduct religious practices freely and publicly, and whether non-adherents are protected from having to submit to religious laws.
4.6 Freedom from arbitrary interference with privacy is effectively guaranteed: Measures whether the police or other government officials conduct physical searches without warrants, or intercept electronic communications of private individuals without judicial authorization.
4.7 Freedom of assembly and association is effectively guaranteed: Measures whether people can freely attend community meetings, join political organizations, hold peaceful public demonstrations, sign petitions, and express opinions against government policies and actions without fear of retaliation.
4.8 Fundamental labor rights are effectively guaranteed: Measures the effective enforcement of fundamental labor rights, including freedom of association and the right to collective bargaining, the absence of discrimination with respect to employment, and freedom from forced labor and child labor.
Factor 5: Order and Security
5.1 Crime is effectively controlled: Measures the prevalence of common crimes, including homicide, kidnapping, burglary and theft, armed robbery, and extortion, as well as people’s general perceptions of safety in their communities.
5.2 Civil conflict is effectively limited: Measures whether people are effectively protected from armed conflict and terrorism.
5.3 People do not resort to violence to redress personal grievances: Measures whether people resort to intimidation or violence to resolve civil disputes amongst themselves or to seek redress from the government, and whether people are free from mob violence.
Factor 6: Regulatory Enforcement
6.1 Government regulations are effectively enforced: Measures whether government regulations, such as labor, environmental, public health, commercial, and consumer protection regulations are effectively enforced.
6.2 Government regulations are applied and enforced without improper influence: Measures whether the enforcement of regulations is subject to bribery or improper influence by private interests, and whether public services, such as the issuance of permits and licenses and the administration of public health services, are provided without bribery or other illegal inducements.
6.3 Administrative proceedings are conducted without unreasonable delay: Measures whether administrative proceedings at the national and local levels are conducted without unreasonable delay.
6.4 Due process is respected in administrative proceedings: Measures whether due process of the law is respected in administrative proceedings conducted by national and local authorities in issue areas such as the environment, taxes, and labor.
6.5 The government does not expropriate without lawful process and adequate compensation: Measures whether the government respects the property rights of people and corporations, refrains from the illegal seizure of private property, and provides adequate compensation when property is legally expropriated.
Factor 7: Civil Justice
7.1 People can access and afford civil justice: Measures the accessibility and affordability of civil courts, including whether people are aware of available remedies; can access and afford legal advice and representation; and can access the court system without incurring unreasonable fees, encountering unreasonable procedural hurdles, or experiencing physical or linguistic barriers.
7.2 Civil justice is free of discrimination: Measures whether the civil justice system discriminates in practice based on socio-economic status, gender, ethnicity, religion, national origin, sexual orientation, or gender identity.
7.3 Civil justice is free of corruption: Measures whether the civil justice system is free of bribery and improper influence by private interests.
7.4 Civil justice is free of improper government influence: Measures whether the civil justice system is free of improper government or political influence.
7.5 Civil justice is not subject to unreasonable delay: Measures whether civil justice proceedings are conducted and judgments are produced in a timely manner without unreasonable delay.
7.6 Civil justice is effectively enforced: Measures the effectiveness and timeliness of the enforcement of civil justice decisions and judgments in practice.
7.7 Alternative dispute resolution mechanisms are accessible, impartial, and effective: Measures whether alternative dispute resolution mechanisms (ADRs) are affordable, efficient, enforceable, and free of corruption.
Factor 8: Criminal Justice
8.1 Criminal investigative system is effective: Measures whether perpetrators of crimes are effectively apprehended and charged. It also measures whether police, investigators, and prosecutors have adequate resources, are free of corruption, and perform their duties competently.
8.2 Criminal adjudication system is timely and effective: Measures whether perpetrators of crimes are effectively prosecuted and punished. It also measures whether criminal judges and other judicial officers are competent and produce speedy decisions.
8.3 Correctional system is effective in reducing criminal behavior: Measures whether correctional institutions are secure, respect prisoners’ rights, and are effective in preventing recidivism.
8.4 Criminal justice is impartial: Measures whether the police and criminal judges are impartial and whether they discriminate in practice based on socioeconomic status, gender, ethnicity, religion, national origin, sexual orientation, or gender identity.
8.5 Criminal justice is free of corruption: Measures whether the police, prosecutors, and judges are free of bribery and improper influence from criminal organizations.
8.6 Criminal justice is free of improper government influence: Measures whether the criminal justice system is independent from government or political influence.
8.7 Due process of the law and rights of the accused: Measures whether the basic rights of criminal suspects are respected, including the presumption of innocence and the freedom from arbitrary arrest and unreasonable pre-trial detention. It also measures whether criminal suspects can access and challenge evidence used against them, whether they are subject to abusive treatment, and whether they are provided with adequate legal assistance. In addition, it measures whether the basic rights of prisoners are respected once they have been convicted of a crime.
Source: worldjusticeproject.org
Link to Full Report of 2022:
https://worldjusticeproject.org/rule-of-law-index/downloads/Index-2022.pdf
Link to Insights:
https://worldjusticeproject.org/rule-of-law-index/downloads/Insights-2022.pdf
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