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Download the file - United Nations Rule of Law

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categories don’t interest us. But within <strong>the</strong> politicalrisk category (140 developing and developedcountries), <strong>the</strong>re is a law and order question,divided into two-subcomponents <strong>of</strong> law andorder. 51• The US State Department has a Trafficking inPeople Report, started in 2001 and covering 149developed and developing countries. 52• The Cingranelli-Richards Human Rights Datasetcovers 192 developed and developing countries.It has a question on independence <strong>of</strong> <strong>the</strong> judiciaryand ano<strong>the</strong>r one on imprisonments because<strong>of</strong> ethnicity, race, and political or religious beliefs.53• The World Bank’s World Business EnvironmentSurvey has existed since 1998 and covers 80developed and developing countries. This hasseveral questions on access to justice and rule<strong>of</strong> law — predictability <strong>of</strong> changes in rules andlaws, quality <strong>of</strong> <strong>the</strong> police, organised crime, streetcrime, fair and impartial courts, affordable courts,consistent/predictability <strong>of</strong> courts, enforcement<strong>of</strong> court decisions, dishonesty in courts and functioning<strong>of</strong> <strong>the</strong> judiciary. 54• Since 1996, <strong>the</strong> World Economic Forum hasbrought out <strong>the</strong> Global Competitiveness Reportand this covers 104 developed and developingcountries. This has questions on common crime,organised crime, money laundering (through banksand non-banks), quality <strong>of</strong> police, independence<strong>of</strong> <strong>the</strong> judiciary, legal framework to challenge <strong>the</strong>legality <strong>of</strong> government action, settlements outside<strong>the</strong> court system, compliance with court rulingsand/or arbitration awards, enforcement <strong>of</strong> commercialcontracts and use <strong>of</strong> illegal means to adjudicatedisputes. 55• The World Bank’s World Development Indicatorsdatabase can be used for female work participationrates, unemployment among women and femalerepresentation in national parliament. Thisgives data on 184 countries. 56• Although developed for <strong>the</strong> environment area, TheAccess Initiative’s (TAI) 148 indicators for 40countries can also be selectively used. 57 Theseindicators are divided under law, effort and effectiveness.One should probably concentrate onlaw indicators, ra<strong>the</strong>r than effort and effectiveness.The last two essentially belong to a tool-kitcategory. The law indicators are again divided intoaccess to information, public participation andaccess to justice. We would propose applying <strong>the</strong>last heading, on access to justice, in which case,<strong>the</strong>re are 23 questions to consider. Questionslinked to free legal aid, government immunity,confidentiality <strong>of</strong> information on government actionand independence <strong>of</strong> appellate bodies shouldcertainly be picked up.Property rights• Bertelsmann Transformation Index (BTI) has datasince 2004 for 119 developing countries. Thestatus index (SI) <strong>of</strong> BTI has a question on privateproperty. 58• The World Bank’s Country Policy and InstitutionalAssessment (CPIA) database has data on 136 developingcountries. The creation <strong>of</strong> <strong>the</strong> databasegoes back to <strong>the</strong> late 1970s. There is a questionon property rights. 59• Since 1997, Economist Intelligence Unit (EIU)has a database on <strong>the</strong> economic and businessenvironment in 120 developed and developingcountries. There are two separate questions onintellectual property rights protection and privateproperty protection. 60• Since 1996, Institute for Management Developmentbrings out a World CompetitivenessYearbook that has data on 49 developed anddeveloping countries. This has a question onwhe<strong>the</strong>r personal security and private propertyare adequately protected and a separate question346

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