On 9th-10th June, the President of the United Nations General Assembly will convene a high‐level event to consider the contributions of the Rule of Law in the post‐2015 development agenda. Africa Justice Foundation (AJF) and Advocates for International Development (A4ID) have co-authored an open letter emphasising the importance of the Rule of Law and calling for its inclusion in the Post-2015 Development Agenda (it is also available here in French):

We, the undersigned, affirm herein the vital place of the Rule of Law within the post-2015 development agenda. We call on the Member States of the United Nations to ensure that the Rule of Law is incorporated in the development agenda. We, like many prominent economists, lawyers, and development practitioners, lamented the exclusion of the Rule of Law in the Millennium Development Goals (MDGs). We contend that there are three significant reasons to value the Rule of Law – it underpins peace and security, ensures a just society, and facilitates economic development.

Firstly, the Rule of Law has been recognised by the United Nations General Assembly as a critical element of conflict prevention, and a fundamental building block of sustainable peace in post-conflict situations. Fundamentally, the Rule of Law protects the basic rights of individuals and provides a safeguard against arbitrary governance.  It ensures that state power is exercised lawfully, fairly, and reasonably. This protects individuals, in particular minorities and vulnerable groups, from illegal persecution, discrimination, arbitrary arrest, detention without trial, and unfair treatment while in custody.

Secondly, the Rule of Law ensures that all individuals have access to the justice system and understand the laws that govern them. Effective access to justice provides the means by which people can resolve disputes without undue cost or delay, promoting peaceful coexistence among citizens and reinforcing the social contract. However, for the laws of the land to be respected, the various legal rights and responsibilities of individuals, the state, and corporations, need to be widely available, intelligible, clear, and predictable.

Thirdly, effective legal systems and more robust laws encourage economic growth. The Rule of Law ensures the protection of property rights, which are essential to encouraging investment. By guaranteeing the enforcement of contracts, domestic businesses and entrepreneurs can more confidently invest for the future, and foreign direct investment is also encouraged. By introducing effective legislation to target crime and corruption, and safeguarding the independence of the judiciary, the economy becomes more attractive to domestic and foreign investors. A sound legal system is also a pre-requisite for the development of a domestic taxation base; this in turn creates a virtuous cycle of investment, growth and accountability.

The need to establish and protect the Rule of Law is urgent throughout the developing world. This is particularly, though not exclusively, true in sub-Saharan Africa where two-thirds of the world’s least developed nations are found. The Ibrahim Index of African Governance (IIAG) shows that since 2000, and the inception of the MDGs, the continent has experienced a decline in the Rule of Law. The consequences of this decline are severe and numerous; ultimately, without the Rule of Law, much of sub-Saharan Africa’s potential remains unfulfilled.

Successes do however need to be identified and celebrated. Post-conflict Sierra Leone has successfully reformed elements of its legal system while simultaneously empowering traditional actors. Paramount Chiefs resolve local disputes, thus promoting national reconciliation, and peace and stability; which are the very foundations of economic development and poverty alleviation. Equally, at the national level, civil society has supported the government's efforts to develop an efficient judicial system by developing a culture of legal aid for indigent citizens awaiting trial.

Outside Africa, there have been a number of successes; for example, promoting access to justice in Guatemala. New mediation centres handled nearly 15,000 cases in two years, of which over 6,000 were mutually resolved. To advance peaceful coexistence, a national campaign was organised to promote awareness of both the newly created justice of the peace courts as well as the traditional customs and values of indigenous communities. Guides to the legal system have been published in Mayan languages, and local radio broadcasts cover the role of both formal and alternative dispute resolution services. Mobile courts provided free mediation and conciliation services, attending to over 1,500 cases in less than a year.

Post-genocide Rwanda has been able to triple its GNI per capita over the past twenty years through overhauling its legal system, with a view to improving its global competitiveness. The country is now recognised by the World Bank as the easiest country in continental Africa in which to do business. Over the past two decades, Rwanda has successfully introduced elements of common law, and now publishes laws in English, French and Kinyarwanda. The country has introduced online registration of property and business, in addition to one-stop-shops for those without internet access. This has driven both foreign direct investment (FDI) and reinvestment by domestic entrepreneurs, sustaining a virtuous cycle of growth, and alleviating poverty.

The process of establishing and protecting the Rule of Law, building legal capacity and developing justice systems is not an easy task. It will take time, commitment and investment, but the rewards will have a significant and sustainable impact; the strengthening of peace and security, the safeguarding of a just society, and the enabling of economic development. We believe that the opportunity to place the Rule of Law at the heart of the development agenda is here, let us seize it with both hands.