e_Paper, Wednesday, May 17, 2017

14
WEDNESDAY, MAY 17, 2017
DT
Opinion
How strong is our rule of law?
Transparency, accountability, and due process are essential for the rule of law
As defined by WJP, the factor
“constraints on government”
indicates the extent to which
government powers are effectively
limited by the legislature,
judiciary, and independent
audit, and whether officials are
sanctioned for misconduct.
The factor “open government”
measures whether basic laws
and information on legal rights
are publicised, and evaluates the
quality of information published
by the government.
The factor “fundamental
rights” shows the extent to which
the state provides equal treatment
and absence of discrimination for
all citizens, the right to life and
security, due process of law and
rights, freedom of expression, etc
among other things. Apparently,
we have been unable to
demonstrate sufficient tangible
results in these fronts.
In theory, Bangladesh has all
the clauses in its Constitution and
in its laws to ensure the rule of law
in the country. Fundamental rights
are enshrined in the Constitution,
and laws provide for freedom of
information and transparency of
government.
Why is it so difficult for the average citizen to access our justice system?
• Ziauddin Choudhury
An interesting exchange
has been taking place
in the country for the
past few weeks between
the executive and the judiciary
over rule of law, independence
of judiciary, and equality of three
branches of government.
The debate, however, ignores
the fundamental fact that the
rule of law is not just about
independence of judiciary or
interference of one branch of
government over another.
The rule of law is a legal
principle that law should
govern a nation, as opposed to
arbitrary decisions of individual
government officials.
It is a combination of framing
and preserving human rights,
transparency of governance, and
people’s access to justice. Above
all, the rule of law is making
government and its services
available to all its citizens without
discrimination.
It is ironic that the debate on
the rule of law is taking place in
a country where the law is more
respected in breach than in its
observance; at least that is the
perception of our own people.
The most recent assessment
of Bangladesh’s position (2016) in
We have a judicial system that is intended to uphold the principle of
equality of all before law. Yet our common people find it hard to access
the system when in need
a global index of the rule of law
published by the World Justice
Project (WJP) points out this sad
reality.
The WJP report
WJP is a US based non-government
organisation that was set up about
ten years ago to advance rule
of law globally. Headquartered
in Washington DC, the entity is
staffed and managed by a multidisciplinary
team including
eminent jurists and funded by
donations from multiple national
and international charitable
foundations.
Of all its research and
publications, and other activities
that WJP undertakes, its annual
rule of law index gets the most
attention worldwide.
The index is the product of
a year’s monitoring of eight
indicators of rule of law, including
constraints on government
powers, absence of corruption,
regulatory enforcement, civil and
criminal justice, and fundamental
rights.
In 2016 a total of 113 countries
were surveyed globally, with
Denmark topping the list and
Venezuela at the bottom.
Bangladesh came in at number
103, slightly above Pakistan (106),
but way below India (66) and Sri
Lanka (68). Among six South Asian
countries, Bangladesh figures at
the bottom or nearly at the bottom
on most of the factors.
The position of Bangladesh near
the bottom of a list of 113 countries
in the survey on rule of law sheds
light on the fact that we have
failed to honour our Constitution,
which is anchored in democracy
and human rights.
It tells us that the principles
of transparency and openness
of government that our leaders
proclaim every now and then are
BIGSTOCK
rarely practiced in reality in this
country.
We cannot dismiss the report
as a subjective analysis by a
foreign organisation either, since
the country scores are computed
after surveying a large sample of
households, meaning the citizens
themselves evaluate the law and
order situation.
That said, why is there is such a
gap between the pronouncements
of our leaders on rule of law and
actual perception of it by our own
people?
The fact is, much of what the
government says is inconsistent
with what it actually does.
Upholding rule of law
Rule of law is not just about
having a set of laws or legislating
new ones; it is a combination
of efficient due process, and
maintaining transparency and
accountability in government.
But the reality says otherwise
We have a judicial system that is
intended to uphold the principle
of equality of all before law. Yet
our common people find it hard to
access the system when in need.
We have law enforcement
agencies that are legally obliged to
ensure life and security, and offer
due process of law to all without
discrimination. Yet, people have
a negative perception of these
agencies.
The rule of law cannot be
upheld simply with debates
on independence of judiciary
and separation of powers. The
rule of law is not just about
whether administration of
justice is hampered by executive
interference.
It is more than that. It is about
ensuring that there is transparency
in governance, accountability of
government officials and agencies,
and above all, it is to ensure that
all citizens including lawmakers
are equal before the law.
Justice must not only be
deliberated in debates, but it
should be seen being served in
practice. The rule of law can only
be achieved when there is no gap
between concept and reality. •
Ziauddin Choudhury has worked in the
higher civil service of Bangladesh early
in his career, and later for the World
Bank in the US.