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Legal and Judicial Reform

What the World Bank missed when looking at the "law" in their Development Report 2017

Adrian Di Giovanni's picture
From left: World Development Report 2017 & World Development Report 2002

Editor’s note: This is the second installment of a two-part series. You can read part-one hereThe findings, interpretations and conclusions expressed herein are those of the authors and do not necessarily reflect the view of the World Bank Group, its Board of Directors or the governments they represent.

The Word Development Report 2017 on Governance and the Law rightly frames law in social terms – “but one of many rule systems” – and instrumental terms – “an important tool in the policy arena… in shaping behavior, in ordering power, and in providing a tool for contestation.”

If the World Development Report 2017 had one or two more chapters on the law

Adrian Di Giovanni's picture
Photo: World Bank

Editor’s note: This is the first installment of a two-part series. You can read part-two hereThe findings, interpretations, and conclusions expressed herein are those of the authors and do not necessarily reflect the view of the World Bank Group, its Board of Directors or the governments they represent.
 
The World Development Report 2017 on Governance and the Law has cast some much welcome attention on the role of law in development. Compared to other sectors, international aid to the justice sector has been relatively low: only 1.8% of total aid flows, compared with 7.4% and 7.5% for the health and education sectors respectively between 2005 and 2013. More than that, the WDR 2017 is commendable for successfully articulating a positive and coherent if cautious view of law’s role.

Four ways regional bodies can help deliver justice commitments made through the SDGs

Temitayo O. Peters's picture

The Sustainable Development Goals (SDGs) differ from the Millennium Development Goals (MDGs) in many ways. Unlike the MDGs, the SDGs universally apply to all countries and they are holistic and integrated. Moreover, their delivery is to be achieved by governments, civil society, and the private sector all working together to achieve their success.
 
The SDGs also recognize the central role of justice in achieving development, with Goal 16 specifically guaranteeing “equal access to justice for all.” Governments, in partnership with other stakeholders, must make necessary national reforms to provide access to justice to the billions who currently live outside of the protection of the law. They must commit to financing the implementation of these reforms and be held accountable for their success.
 
Regional and sub regional bodies are uniquely placed to assist governments with implementing and monitoring justice commitments made through the SDGs. Learnings from the MDGs show that countries that integrated the MDGs into existing regional strategies were far more successful in meeting the MDGs’ objectives than countries that did not have the support of an existing regional strategy.

Grievances as a Public Good

Margaux Hall's picture

This summer, I made a project visit to a government clinic in northern Sierra Leone.  It is a clinic pretty much in name only, being constructed as 1-bedroom living quarters for a teacher and subsequently converted into a health facility.  The nurse took me on a tour, pointing out the problems: a broken scale to weigh infants, no waiting room for early stages of labor, animals grazing and

A role for justice in poverty alleviation: The World Bank’s new strategy for justice reform

Christina Biebesheimer's picture

We know justice matters in development. Barriers to access to justice are a central dimension of poverty and an effective justice system is essential in ensuring a capable and accountable state. Across the world people strive to live in fair societies, where power is not exercised arbitrarily and fundamental rights are respected. 

More room for social accountability in the justice sector?

Nicholas Menzies's picture

In many areas of contemporary development practice–from the formulation of local budgets to the delivery of education services–social accountability mechanisms are being employed to assist citizens in holding the state accountable and thus, hopefully, to improve development outcomes.

Defining our path to the 'Rule of Law'

Lisa Bhansali's picture

Strengthening the Rule of Law (ROL) has been and remains an important element of the Bank's development agenda in response to the needs of our clients and beneficiaries. Unlike in years past, today, the Bank is being called on to support ROL in many different contexts and for different reasons.{C}