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Wjp rule of law index 2010 2 0

  1. 1. A multidisciplinary, multinational movement to advance the rule of law for communities of opportunity and equity The World Justice Project Rule of Law Index™ 2010Mark David AgrastJuan Carlos BoteroAlejandro PonceThe World Justice Project
  2. 2. The World Justice Project Rule of Law Index™ 2010Mark David AgrastJuan Carlos BoteroAlejandro PonceWith the collaboration of:Chantal V. Bright, Joel Martinez, and Christine S. PrattThe World Justice Project
  3. 3. The WJP Rule of Law Index™ was made possible by generous support from:The Neukom Family FoundationThe Bill & Melinda Gates FoundationGE FoundationThe Ewing Marion Kauffman FoundationLexisNexisThe World Justice ProjectBoard of Directors: Emil Constantinescu, Ashraf Ghani, William C. Hubbard, William H. Neukom, Ellen Gracie Northfleet,James R. Silkenat.Officers: William C. Hubbard, Chairman of the Board; William H. Neukom, President and Chief Executive Off icer; DeborahEnix-Ross, Vice President; Suzanne E. Gilbert, Vice President; James R. Silkenat, Vice President; Lawrence B. Bailey, Secretary;Roderick B. Mathews, Treasurer; Gerold W. Libby, General Counsel.Executive Director: Hongxia Liu.Rule of Law Index 2010 Team: Mark David Agrast, Chair; Juan Carlos Botero, Director; Alejandro Ponce, Senior Economist;Chantal V. Bright; Joel Martinez; Christine S. Pratt; Katrina Moore; Oussama Bouchebti; Se Hwan Kim; Ivan Batishchev;Kate Coffey; Kristina Fridman; Juan Manuel Botero; Nathan Menon. Consultants: Jose Caballero, Patricia Ruiz de Vergara.ISBN (print): 978-0-615-40781-4Copyright © 2010 by the World Justice Project. The WJP Rule of Law Index™ and The World Justice Project Rule of LawIndex are trademarks of the World Justice Project. All rights reserved. Requests to reproduce this document should be sentto Juan C. Botero, the World Justice Project, 740 Fifteenth Street, N.W. Suite 200, Washington, D.C. 20005 U.S.A. E-mail:boteroj@wjpnet.orgGraphic design: Nathaniel Kerksick and Joshua Steele.Suggested citation: Agrast, M., Botero, J., Ponce, A. 2010. WJP Rule of Law Index. Washington, D.C.: The World JusticeProject.
  4. 4. ContentsExecutive Summary ..........................................................................1Part I: Constructing the WJP Rule of Law Index™ ..........................5Part II: The rule of law around the world .........................................17 Regional Highlights .......................................................... 18 Country Profiles ............................................................. 23 1. Groups by Income Level .................................................. 94 2. Groups by Region ......................................................... 100 Data Notes ................................................................... 107The Joint Research Centre audit on the WJP Rule of Law Index ......113Contributing Experts .......................................................................123Acknowledgements ..........................................................................133About The World Justice Project .....................................................135
  5. 5. WJP Rule of Law Index 2010 The WJP Rule of Law Index™Executive The WJP Rule of Law Index™ presents a comprehensive set of new indicators on the rule of law from the perspectiveSummary of the ordinary person. It examines practical situations 1 in which a rule of law deficit may affect the daily lives of ordinary people. For instance, the Index evaluates whether citizens can access public services without the need to“The rule of law is the foundation for communitiesof opportunity and equity—it is the predicate for bribe a government officer; whether a basic disputethe eradication of poverty, violence, corruption, among neighbors or companies can be peacefully and pandemics, and other threats to civil society.” cost-effectively resolved by an independent adjudicator; or William H. Neukom, Founder, President and whether people can conduct their daily activities without CEO of the World Justice Project fear of crime or police abuse. The Index provides new data on the following 10 dimensions of the rule of law:Advancing the rule of law around the world is thecentral goal of the World Justice Project. Establishing » Limited government powers Executive Summarythe rule of law is fundamental to achieving communities » Absence of corruptionof opportunity and equity—communities that offersustainable economic development, accountable » Clear, publicized and stable lawsgovernment, and respect for fundamental rights. Without » Order and securitythe rule of law, medicines do not reach health facilitiesdue to corruption; women in rural areas remain unaware » Fundamental rightsof their rights; people are killed in criminal violence; and » Open governmentfirms’ costs increase because of expropriation risk. Therule of law is the cornerstone to improving public health, » Regulatory enforcementsafeguarding participation, ensuring security, and fighting » Access to civil justicepoverty. » Effective criminal justiceThis report introduces the WJP Rule of Law Index™—anew quantitative assessment tool designed to offer a » Informal justicecomprehensive picture of the extent to which countriesadhere to the rule of law in practice. These 10 factors are further disaggregated into 49 sub- factors. The scores of these sub-factors are built from overIndices and indicators are very useful tools. The systematic 700 variables drawn from assessments of the general publictracking of infant mortality rates, for instance, has greatly (1,000 respondents per country) and local legal experts.contributed to improving health outcomes around The outcome of this exercise is one of the world’s mostthe globe. In a similar fashion, the WJP Rule of Law comprehensive data sets measuring the extent to whichIndex™ monitors the health of a country’s institutional countries adhere to the rule of law-- not in theory but inenvironment—such as whether government officials are practice.accountable under the law, and whether legal institutionsprotect fundamental rights and allow ordinary peopleaccess to justice.1 This report was made possible by the generous engagement of over 900 academicsand practitioners around the world who contributed their time and expertise, and the35,000 individuals who participated in the general population poll. 1
  6. 6. The World Justice Project Defining the rule of law » New data. The Index findings are based entirely on new data collected by the WJP As used by the World Justice Project, the rule of law from independent sources. This contrasts it with other indices based solely on data refers to a rules-based system in which the following four aggregated from third party sources, universal principles are upheld: or on sources that are self-reported by governments or other interested parties. » The government and its officials and » Rule of law in practice. The Index agents are accountable under the law; measures adherence to the rule of law by looking not to the laws as written but at » The laws are clear, publicized, stable, how they are actually applied in practice. and fair, and protect fundamental rights, including the security of persons and » Anchored in actual experiences. The property; Index combines expert opinion with rigorous polling of the general public » The process by which the laws are enacted, to ensure that the findings reflect the administered, and enforced is accessible, conditions experienced by the population, fair, and efficient; including marginalized sectors of society. » Access to justice is provided by competent, » Action oriented. Findings are presented independent, and ethical adjudicators, in disaggregated form, identifying strong attorneys or representatives, and judicial and weak performers across the 10 rule of officers who are of sufficient number, law dimensions examined in each country. have adequate resources, and reflect the Executive SummaryExecutive Summary makeup of the communities they serve. Despite these methodological strengths, the findings should be interpreted in light of certain inherent limitations. These principles are derived from international sources While the Index is helpful in tracking the “temperature” of that enjoy broad acceptance across countries with differing the rule of law situation in the countries under study, it does social, cultural, economic, and political systems; and not provide a full diagnosis or dictate concrete priorities incorporate both substantive and procedural elements. for action. No single index can convey a full picture of a country’s situation. Rule of law analysis requires a careful Uses of the Index consideration of multiple dimensions—which may vary from country to country—and a combination of sources, The WJP Rule of Law Index™ is an instrument for instruments, and methods. strengthening the rule of law. It offers reliable, independent, and disaggregated information for policy makers, This report introduces the framework of the WJP Rule businesses, non-governmental organizations, and other of Law Index™ and summarizes the results and lessons constituencies to: learned during the WJP’s implementation of the Index in » Assess a nation’s adherence to the rule of an initial group of 35 countries. This coverage will expand law in practice; to 70 countries in 2011 and 100 countries by 2012. As the first in an annual series, the 2010 WJP Rule of Law Index™ » Identify a nation’s strengths and is intended for a broad audience of policy makers, civil weaknesses in comparison to similarly situated countries; society, practitioners, academics, and other constituencies. We hope that this new tool will help identify strengths and » Track changes over time. weaknesses in each country under review and encourage policy choices that advance the rule of law. While the WJP Rule of Law Index™ enters a crowded field of indicators on different aspects of the rule of law, it has new features that set it apart: » Comprehensive. While existing indices cover aspects of the rule of law, they do not yield a full picture of rule of law compliance. 2
  7. 7. WJP Rule of Law Index 2010About the World Justice ProjectThe World Justice Project (WJP) is a multinational andmultidisciplinary effort to strengthen the rule of lawthroughout the world. It is based on two complementarypremises: first, the rule of law is the foundation forcommunities of opportunity and equity; and second,multidisciplinary collaboration is the most effective way toadvance the rule of law.In addition to the creation of a comprehensive Rule of LawIndex, the WJP’s work is being carried out through theconvening of global and regional meetings of world leaders,the provision of seed grants for rule of law projects, andthe origination of new scholarship on rule of law issues.The Project’s efforts are dedicated to developing practicalprograms in support of the rule of law around the world.For further details, visit www.worldjusticeproject.org. Executive Summary 3
  8. 8. Part I: Constructing the WJP Rule of Law Index™ Mark David Agrast2 , Juan Carlos Botero, and Alejandro Ponce The World Justice Project32 Mr. Agrast did not participate in the collection, analysis or review of the data and results.3 This section builds on previous work developed in collaboration with Claudia J. Dumas
  9. 9. WJP Rule of Law Index 2010 the first World Justice Forum in 2008, including findings from a pilot conducted in six countries. Version 2.0 was presented at the second World Justice Forum in 2009, featuring preliminary findings for 35 countries, including seven in the East Asia and Pacific region; fiveConstructing from Eastern Europe and Central Asia; seven from Latin America and the Caribbean; two from the Middle East and North Africa; two from North America; two fromthe WJP Rule of South Asia; five from Sub-Saharan Africa; and five from Western Europe. Together, these countries account for 45Law Index™ percent of the world’s population. The WJP Rule of Law Index 2010 features a new version of the Index (version 3.0) and country profiles for the sameThe WJP Rule of Law Index™ is a new quantitative 35 countries. Data collection efforts are ongoing in 35assessment tool designed to offer a detailed and additional countries, for a total of 70 countries, which willcomprehensive picture of the extent to which countries be included in the 2011 Index report. The Index will coveradhere to the rule of law in practice. 100 countries by 2012. WJP Rule of Law Index™The Index introduces new indicators on the rule of law It should be emphasized that the Index is intended to befrom the perspective of the ordinary person. It considers applied in countries with vastly differing social, cultural,practical situations in which a rule of law deficit may economic, and political systems. No society has everaffect the daily lives of people. For instance, whether attained—let alone sustained—a perfect realization ofpeople can access public services without the need to the rule of law. Every nation faces the perpetual challengebribe a government officer; whether a basic dispute of building and renewing the structures, institutions, andamong neighbors or companies can be peacefully and norms that can support and sustain a rule of law culture.cost-effectively resolved by an independent adjudicator;or whether people can conduct their daily activitieswithout fear of crime or police abuse. Defining the rule of lawThe Index provides new data on the following 10 The design of the Index began with the effort todimensions of the rule of law: limited government powers; formulate a set of principles that would constitute aabsence of corruption; clear, publicized, and stable laws; working definition of the rule of law. Having reviewedorder and security; fundamental rights; open government; the extensive literature on the subject, the project teamregulatory enforcement; access to civil justice; effective was profoundly conscious of the many challenges such ancriminal justice; and informal justice. These ten factors effort entails. Among other things, it was recognized thatare further disaggregated into forty nine sub-factors. for the principles to be broadly accepted, they must be culturally universal, avoiding Western, Anglo-American,The Index’s rankings and scores are the product of a or other biases. Thus, the principles were derived to therigorous data collection and aggregation process. Data greatest extent possible from established internationalcomes from a global poll of the general public and detailed standards and norms, and informed by a thorough reviewquestionnaires administered to local experts. To date, over of national constitutions and scholarly literature. The900 experts and 35,000 other individuals from around the principles and the factors derived from them were testedworld have participated in this project. and refined through extensive consultations with experts from around the world to ensure, among other things,The WJP Rule of Law Index 2010 is the culmination of their cultural competence.over three years of development, intensive consultation,and vetting with academics, practitioners, and community It also was recognized that any effort to define the ruleleaders from over 100 countries and 17 professional of law must grapple with the distinction between whatdisciplines. Version 1.0 of the Index was presented at scholars call a “thin” or minimalist conception of the rule of 7
  10. 10. The World Justice Project law that focuses on formal, procedural rules, and a “thick” These principles represent an effort to strike a balance between conception that includes substantive characteristics, such thinner and thicker conceptions of the rule of law, incorporating as self-government and various fundamental rights and both substantive and procedural elements—a decision which freedoms. On the one hand, it was felt that if the Index was was broadly endorsed by the many international experts with to have utility and gain wide acceptance, the definition must whom we have consulted. A few examples may be instructive: be broadly applicable to many types of social and political » The principles address the extent to which systems, including some which lack many of the features a country provides for fair participation that characterize democratic nations. On the other hand, in the making of the laws—certainly an it was recognized that the rule of law must be more than essential attribute of self-government. But merely a system of rules—that indeed, a system of positive the principles do not address the further law that fails to respect core human rights guaranteed under question of whether the laws are enacted by democratically elected representatives. international law is at best “rule by law”, and does not deserve to be called a rule of law system. In the words of Arthur » The principles address the extent to Chaskalson, former Chief Justice of South Africa, which a country protects fundamental [T]he apartheid government, its officers and agents human rights. But given the impossibility were accountable in accordance with the laws; the laws of assessing adherence to the full panoply of civil, political, economic, social, cultural were clear; publicized, and stable, and were upheld by and environmental rights recognized in law enforcement officials and judges. What was missing the Universal Declaration, the principles was the substantive component of the rule of law. The treat a more modest menu of rights,WJP Rule of Law Index™ process by which the laws were made was not fair (only primarily civil and political, that are whites, a minority of the population, had the vote). And firmly established under international law and bear the most immediate relationship the laws themselves were not fair. They institutionalized to rule of law concerns. discrimination, vested broad discretionary powers in the executive, and failed to protect fundamental rights. » The principles address access to justice, Without a substantive content there would be no answer but chiefly in terms of access to legal to the criticism, sometimes voiced, that the rule of law representation and access to the courts, rather than in the “thicker” sense in is ‘an empty vessel into which any law could be poured.4 which access to justice is sometimes seen as synonymous with broad The four “universal principles” that emerged from our legal empowerment of the poor and deliberations are as follows: disfranchised. Access to justice in this more limited sense is a critical cornerstone for the implementation of policies and I. The government and its officials and agents rights that empower the poor. are accountable under the law. In limiting the scope of the principles in this fashion, we do II. The laws are clear, publicized, stable, and fair, not wish to suggest any disagreement with a more robust and protect fundamental rights, including and inclusive vision of self-government, fundamental rights, the security of persons and property. or access to justice, all of which are addressed in other important and influential indices, as well as in various papers developed by WJP scholars. Indeed, it is among the premises III. The process by which the laws are enacted, of the project as a whole that a healthy rule of law is critical administered, and enforced is accessible, fair, to advancing such goals. and efficient. Moreover, the WJP’s conception of the rule of law is not IV. Access to justice is provided by competent, incompatible with the notion that these universal principles independent, and ethical adjudicators, may interact with each other in multiple ways. For example, attorneys or representatives, and judicial concrete improvements in one dimension of the rule of officers who are of sufficient number, have law may affect societies in more than one way, depending on the prevailing cultural and institutional environments. adequate resources, and reflect the makeup It is our hope that by providing data on 10 independent of the communities they serve. dimensions of the rule of law, the Index will become a useful tool for academics and other constituencies to further our 4 Remarks at the World Justice Forum I, held in Vienna, Austria in July 2008 understanding of these interactions. 8
  11. 11. WJP Rule of Law Index 2010The WJP Rule of Law 5.4 Freedom of opinion and expression is effectively guaranteedIndexTM, version 3.0 5.5 Freedom of belief and religion is effectively guaranteedVersion 3.0 of the Index is composed of 10 factors derived Freedom from arbitrary interference with privacy is 5.6 effectively guaranteedfrom the WJP’s universal principles. These factors aredivided into 49 sub-factors which incorporate essential Freedom of assembly and association is effectively 5.7 guaranteedelements of the rule of law5. 5.8 Fundamental labor rights are effectively guaranteedFactor 1: Limited Government Powers Factor 6: Open Government Government powers are effectively limited by the Administrative proceedings are open to public 1.1 fundamental law 6.1 participation Government powers are effectively limited by the Official drafts of laws and regulations are available 1.2 legislature 6.2 to the public Government powers are effectively limited by the 6.3 Official information is reasonably available 1.3 judiciary Government powers are effectively limited by Factor 7: Regulatory Enforcement 1.4 independent auditing and review 7.1 Government regulations are effectively enforced WJP Rule of Law Index™ 1.5 Government officials are sanctioned for misconduct Government regulations are applied and enforced 7.2 without improper influence 1.6 Freedom of opinion and expression Due process is respected in administrative 1.7 The State complies with international law 7.3 proceedings Transition of power occurs in accordance with the 1.8 The Government does not expropriate private law 7.4 property without adequate compensationFactor 2: Absence of Corruption Factor 8: Access to Civil Justice Government officials do not request or receive 2.1 bribes 8.1 People are aware of available remedies People can access and afford legal counsel in civil 2.2 Government officials exercise their functions 8.2 disputes without improper influence Government officials do not misappropriate public 8.3 People can access and afford civil courts 2.3 funds or other resources 8.4 Civil justice is impartialFactor 3: Clear, Publicized and Stable Laws 8.5 Civil justice is free of improper influence 3.1 The laws are comprehensible to the public 8.6 Civil justice is free of unreasonable delays 3.2 The laws are publicized and widely accessible 8.7 Civil justice is effectively enforced 3.3 The laws are stable 8.8 ADR systems are accessible, impartial, and effectiveFactor 4: Order and Security Factor 9: Effective Criminal Justice 4.1 Crime is effectively controlled 9.1 The criminal investigation system is effective 4.2 Civil conflict is effectively limited The criminal adjudication system is timely and 9.2 effective People do not resort to violence to redress personal 4.3 grievances The correctional system is effective in reducing 9.3 criminal behaviorFactor 5: Fundamental Rights 9.4 The criminal justice system is impartial Equal treatment and non-discrimination The criminal justice system is free of improper 5.1 9.5 influence are effectively guaranteed The right to life and security of the person is Due process of law and rights of the accused are 5.2 9.6 effectively protected effectively guaranteed 5.3 Due process of law and rights of the accused are Factor 10: Informal Justice effectively guaranteed 10.1 Informal justice systems are timely and effective Informal justice systems are impartial and free of 10.2 improper influence5 This version of the WJP Rule of Law Index does not include scores for the following Informal justice systems respect and protect 10.3 fundamental rightssub-factors: 1.1, 1.7, 1.8, 2.3, 4.2, 5.7, 7.3, 8.1, 9.3, 10.1, 10.2, 10.3 9
  12. 12. The World Justice Project The four universal principles are reflected in the 10 factors power; and compliance with international law.7 that make up the Index. Absence of Corruption Accountable Government The second factor measures the absence of corruption. (Factors 1 and 2) The Index considers three forms of corruption: bribery, improper influence by public or private interests, and The first principle measures government accountability misappropriation of public funds or other resources. by means of two factors: » Factor 1: Limited Government Powers These three forms of corruption are examined with respect to government officers in the executive branch » Factor 2: Absence of Corruption (including the police and the military), and those in the judiciary and the legislature. Our instruments take into account a wide range of possible situations involving Limited Government Powers corruption, including the provision of public services, The first factor measures the extent to which those who procurement procedures, and administrative enforcement govern are subject to law. It comprises the means, both of environmental, labor, and health and safety regulations, constitutional and institutional, by which the powers of among others. the government and its officials and agents are limited andWJP Rule of Law Index™ by which they are held accountable under the law. It also includes nongovernmental checks on the government’s Security and Fundamental power, such as a free and independent press. Rights (Factors 3, 4, and 5) This factor is particularly difficult to measure in a The second principle encompasses three factors: standardized manner across countries, since there is no » Factor 3: Clear, Publicized and Stable Laws single formula for the proper distribution of powers among organs of the government to ensure that each is » Factor 4: Order and Security held on check. Governmental checks take many forms; » Factor 5: Fundamental Rights they do not operate solely in systems marked by a formal separation of powers, nor are they necessarily codified in law. What is essential is that authority is distributed, Clear, Publicized and Stable Laws whether by formal rules or by convention, in a manner that ensures that no single organ of government has the The third factor relates to the elements of clarity, practical ability to exercise unchecked power.6 publicity, and stability that are required for the public to know what the law is and what conduct is permitted The factor measures the effective limitation of government and prohibited. The law must be comprehensible and its powers in the fundamental law, including provisions that meaning sufficiently clear, publicized, and explained to prohibit constitutional amendments and suspensions of the general public in plain language, for them to be able to constitutional rights and privileges except in accordance abide by it. This is one of the most basic preconditions for with the rules and procedures provided in the fundamental achieving and maintaining a rule of law society capable law itself; institutional checks on government power by of guaranteeing public order, personal security, and the legislature, the judiciary and independent auditing fundamental rights. and review agencies; effective sanctions for misconduct of government officers and agents in all branches of Order and Security government; non-governmental checks on government The fourth factor measures how well the society assures 7 Sub-factor 1.8 concerns whether transitions of power occur in accordance with the 6 The Index does not address the further question of whether the laws are enacted by law. Data on this sub-factor will be included in country profiles starting with the WJP democratically elected representatives. Rule of Law Index 2011 report. 10
  13. 13. WJP Rule of Law Index 2010the security of persons and property. It encompasses the prohibition of forced and child labor9; the right tothree dimensions: absence of crime; absence of political privacy and religion; the rights of the accused; and theviolence, including terrorism, armed conflict, and political retroactive application of the criminal laws.unrest; and absence of violence as a socially acceptablemeans to redress personal grievances. Open Government and RegulatoryFundamental Rights Enforcement (Factors 6 and 7)The fifth factor measure protection of fundamental The third principle includes two factors:human rights. It recognizes that the rule of law mustbe more than merely a system of rules—that indeed, a » Factor 6: Open Governmentsystem of positive law that fails to respect core humanrights guaranteed and established under international law » Factor 7: Regulatory Enforcementis at best “rule by law”, and does not deserve to be called arule of law system. Factors 6 and 7 concern the extent to which the process by which the laws are enacted, administered, and enforcedSixty years after its adoption, the Universal Declaration is accessible, fair, and efficient. Among the indicia of access are: whether proceedings are held with timely WJP Rule of Law Index™remains the touchstone for determining which rights maybe considered fundamental, even as newer rights continue notice and are open to the public; whether the lawmakingto emerge and gain acceptance. At WJP regional meetings process provides an opportunity for diverse viewpointsconducted in 2008 and 2009, there was spirited discussion to be considered; and whether records of legislative andover which rights should be encompassed within the administrative proceedings and judicial decisions areIndex. Many urged that the list be confined to civil and available to the public. Fairness in the administrationpolitical rights, particularly freedom of thought and of the law includes, among other aspects, absence ofopinion, which bear an essential relationship to the rule improper influence by public officials or private interests,of law itself. Others argued for a broader treatment that adherence to due process of law in administrativewould encompass social, economic, and cultural rights. procedures, and absence of government takings of private property without adequate compensation.10While the debate may never be fully resolved, it wasdetermined as a practical matter that since there are many Access to Justice (Factors 8, 9, and 10)other indices that address human rights in all of thesedimensions, and as it would be impossible for the Index The fourth and final principle measures access to justiceto assess adherence to the full range of rights, the Index by means of three factors:should focus on a relatively modest menu of rights thatare firmly established under international law, and are » Factor 8: Access to Civil Justicemost closely related to rule of law concerns. Accordingly,factor 5 covers laws that ensure equal protection8; » Factor 9: Effective Criminal Justicefreedom of thought, religion, and expression; freedom of » Factor 10: Informal Justiceassociation (including the right to collective bargaining); 9 Sub-factor 5.8 includes the four fundamental principles recognized by the ILO8 The laws can be fair only if they do not make arbitrary or irrational distinctions based Declaration on Fundamental Principles and Rights at Work of 1998: (1) the freedomon economic or social status—the latter defined to include race, color, ethnic or social of association and the effective recognition of the right to collective bargaining; (2)origin, caste, nationality, alienage, religion, language, political opinion or affiliation, the elimination of all forms of forced or compulsory labor; (3) the effective abolitiongender, marital status, sexual orientation or gender identity, age, and disability. It of child labor; and (4) the elimination of discrimination in respect of employmentmust be acknowledged that for some societies, including some traditional societies, and occupation.certain of these categories may be problematic. In addition, there may be differences 10 The Index addresses the extent to which a country provides for fair participationboth within and among such societies as to whether a given distinction is arbitrary or in the making and administration of the laws—certainly an essential attribute of self-irrational. Despite these difficulties, it was determined that only an inclusive list would government. But it does not address the further question of whether the laws areaccord full respect to the principles of equality and non-discrimination embodied in enacted by democratically elected representatives.the Universal Declaration and emerging norms of international law. 11
  14. 14. The World Justice Project These factors measure whether ordinary people can comprehensive data sets regarding adherence to the rule peacefully and effectively resolve their grievances in of law in practice. accordance with generally accepted social norms, rather than resorting to violence or self-help. Approach Access to civil justice requires that the system be affordable, The WJP Rule of Law Index™ 2010 measures outcomes effective, impartial, and culturally competent. Effective rather than inputs. More specifically, our aim is to provide criminal justice systems are capable of investigating and a picture of where countries stand with regard to a number adjudicating criminal offences impartially and effectively, of widely accepted outcomes that rule of law societies seek while ensuring that the rights of suspects and victims are to achieve, as opposed to the institutional means, such as protected. the legal and regulatory frameworks, to attain them. Some examples of outcomes measured by the Index include Impartiality includes absence of arbitrary or irrational respect for fundamental rights, absence of corruption, distinctions based on social or economic status, and and access to justice for the people. Examples of inputs other forms of bias, as well as decisions that are free of include number of courts, number of police officers, and improper influence by public officials or private interests. judicial budget. Accessibility includes general awareness of available remedies, availability and affordability of legal advice and Data representation, and absence of excessive or unreasonable The WJP’s Rule of Law Index™ methodology utilizesWJP Rule of Law Index™ fees, procedural hurdles, and other barriers to access to two main sources of new data: (i) a general population formal dispute resolution systems. Access to justice also poll (GPP), designed by the World Justice Project and requires fair and effective enforcement. conducted by leading local polling companies using a representative sample of 1,000 respondents in three cities Finally, factor 10 concerns the role played in many per country; and (ii) a qualified respondents’ questionnaire countries by “informal” systems of law - including (QRQ) consisting of closed‐ended questions completed traditional, tribal, and religious courts and community- by in‐country practitioners and academics with expertise based systems - in resolving disputes. These systems in civil and commercial law, criminal justice, labor law, often play a large role in cultures in which formal legal and public health. institutions fail to provide effective remedies for large segments of the population11. The QRQ is administered on a yearly basis in each surveyed country, and the GPP is carried out every three years. In addition, existing domestic and international Measuring the rule of law data sources and legal resources are used to cross‐check the findings. The WJP Rule of Law Index is a first attempt to The Index comprises more than 700 different variables, systematically and comprehensively quantify these organized into ten factors and forty nine sub-factors. outcomes by linking the conceptual definitions to These variables are aggregated and compiled into concrete questions. These questions are then administered numerical scores. to a representative sample of the general public, and to local experts, and then are analyzed and cross-checked To date, over 900 experts from 35 nations have pursuant to a rigorous triangulation methodology. The contributed their knowledge and expertise to the Index. outcome of this exercise is one of the world’s most In addtion over 35,000 individuals from these countries have participated in the general population poll. The 11 Significant effort has been devoted during the last two years to collecting data on countries indexed in this volume are presented in Table 1. informal justice in a dozen countries. Nonetheless, the complexities of these systems Data presented in this volume was collected and analyzed and the difficulties of measuring their fairness and effectiveness in a manner that is both systematic and comparable across countries, make assessments extraordinarily in the Fall of 2009. A detailed description of the process challenging. A preliminary overview of informal justice will be included in the WJP Rule of Law Index 2011. 12
  15. 15. WJP Rule of Law Index 2010 by which data are collected and the rule of law is measuredBox 1: The WJP Rule of Law Index™ is provided in the final section of this report and in Boteromethodology in a nutshell and Ponce (2010).The production of the WJP Rule of Law Index™ may besummarized in ten steps:1. The WJP developed the conceptual framework Using the WJP Rule summarized in the Index’s 10 factors and 49 sub-factors, in consultation with academics, of Law Index™ practitioners, and community leaders from around the world. The WJP Rule of Law Index™ is intended for multiple2. The Index team developed a set of five audiences. It is designed to offer a reliable and independent questionnaires based on the Index’s conceptual data source for policy makers, businesses, non- framework, to be administered to experts and the governmental organizations, and other constituencies to: general public. Questionnaires were translated into several languages and adapted to reflect commonly » Assess a nation’s adherence to the rule used terms and expressions. of law in practice (as it is perceived and3. The team identified, on average, more than 300 experienced by the average person); potential local experts per country to respond to the qualified respondents’ questionnaires, and engaged » Identify a nation’s strengths and the services of leading local polling companies. weaknesses in comparison to similarly WJP Rule of Law Index™4. Polling companies conducted pre-test pilot surveys situated countries; of the general public in consultation with the Index team, and launched the final survey. » Track changes over time.5. The team sent the questionnaires to local experts and engaged in continual interaction with them. While other indices touch on various aspects of the rule6. The Index team collected and mapped the data onto of law, the WJP Rule of Law Index has new features that the 49 sub-factors. set it apart:7. The Index team constructed the final scores using a five-step process: » Comprehensive. While existing indices a. Codified the questionnaire items as numeric cover aspects of the rule of law, they do values. not yield a full picture of rule of law b. Produced raw country scores by aggregating compliance. the responses from several individuals (experts or general public). » New data. The Index findings are based entirely on new data collected by the c. Normalized the raw scores. WJP from independent sources. This d. Aggregated the normalized scores into sub- contrasts with indices based solely on factors and factors using simple averages. data aggregated from third party sources, e. Produced the final rankings using the or on sources that are self-reported by normalized scores. governments or other interested parties.8. The data were subject to a series of tests to identify possible biases and errors. For example, the Index » Rule of law in practice. The Index team cross-checked all sub-factors against more measures adherence to the rule of law by than 60 third-party sources, including quantitative looking not to the laws as written but to data and qualitative assessments drawn from local how they are actually applied. and international organizations.9. A sensitivity analysis was conducted by the » Anchored in actual experiences. The Econometrics and Applied Statistics Unit of the Index combines expert opinion with European Commission’s Joint Research Centre, in rigorous polling of the general public collaboration with the Index team, to assess the to ensure that the findings reflect the statistical reliability of the results. conditions experienced by the population,10. Finally, the data were organized into country including marginalized sectors of society. reports, tables, and figures to facilitate their presentation and interpretation. » Action oriented. Findings are presented in disaggregated form, identifying areas of strength and weakness across the 10 rule of law dimensions examined in each country. 13
  16. 16. The World Justice Project Table 1: Countries indexed in 2010 of law dimensions in various countries. Country Region Income Level 3. The Index’s rankings and scores are Albania Eastern Europe and Central Asia Lower middle the product of a very rigorous data collection and aggregation methodology. Argentina Latin America and Caribbean Upper middle Nonetheless, as with all measures, they are Australia East Asia and Pacific High subject to measurement error.12 Austria Western Europe and North America High Bolivia Latin America and Caribbean Lower middle 4. Indices and indicators are subject to potential abuse and misinterpretation. Bulgaria Eastern Europe and Central Asia Upper middle Once released to the public, they can take Canada Western Europe and North America High on a life of their own and be used for Colombia Latin America and Caribbean Lower middle purposes unanticipated by their creators. Croatia Eastern Europe and Central Asia Upper middle If data are taken out of context, they can Dominican Republic Latin America and Caribbean Lower middle lead to unintended or erroneous policy decisions. El Salvador Latin America and Caribbean Lower middle France Western Europe and North America High 5. Rule of law concepts measured by the Ghana Sub-Saharan Africa Low Index may have different meanings across India South Asia Lower middle countries. Users are encouraged to consult the specific definition of the variables Indonesia East Asia and Pacific Lower middle employed in the construction of the Index, Japan East Asia and Pacific High which are discussed in greater detail inWJP Rule of Law Index™ Jordan Middle East and North Africa Lower middle Botero and Ponce (2010). Kenya Sub-Saharan Africa Low 6. The Index is generally intended to be used Liberia Sub-Saharan Africa Low in combination with other instruments, Mexico Latin America and Caribbean Upper middle both quantitative and qualitative. Just as in Morocco Middle East and North Africa Lower middle the areas of health or economics no single Netherlands Western Europe and North America High index conveys a full picture of a country’s Nigeria Sub-Saharan Africa Low situation, policymaking in the area of rule of law requires careful consideration Pakistan South Asia Low of all relevant dimensions—which may Peru Latin America and Caribbean Lower middle vary from country to country—and a Philippines East Asia and Pacific Lower middle combination of sources, instruments and Poland Eastern Europe and Central Asia Upper middle methods. The Index does not provide a Singapore East Asia and Pacific High full diagnosis or dictate concrete priorities for action. South Africa Sub-Saharan Africa Upper middle South Korea East Asia and Pacific High 7. Pursuant to the sensitivity analysis of the Spain Western Europe and North America High Index data conducted in collaboration with Sweden Western Europe and North America High the Econometrics and Applied Statistics Unit of the European Commission’s Joint Thailand East Asia and Pacific Lower middle Research Centre, confidence intervals Turkey Eastern Europe and Central Asia Upper middle have been calculated for all figures United States Western Europe and North America High included in the WJP Rule of Law Index 2010. These confidence intervals and other relevant considerations regarding These features make the Index a powerful tool that can inform policy debates in and across countries. Yet the 12 Users of the Index for policy debate who wish to have a sound understanding of its Index’s findings must be interpreted in light of certain methodology are encouraged to review the following WJP Working Papers: inherent limitations. a. Botero, J and Ponce, A. (2010) “Measuring the Rule of 1. The WJP Rule of Law Index does not Law”. WJP Working Paper No. 1, available on-line at: provide specific recipes or identify www.worldjusticeproject.org priorities for reform. b. Saisana, M and Saltelli, A. (2010) “Sensitivity Analysis 2. The Index data are not intended to of the WJP Rule of Law Index”. WJP Working Paper establish causation or to ascertain the No. 2, available on-line at: www.worldjusticeproject.org complex relationship among different rule 14
  17. 17. WJP Rule of Law Index 2010 measurement error are reported in Botero other comparative materials. and Ponce (2010) and Saisana and Saltelli (2010). » Expanded coverage to include an additional 35 countries (for a total of 70 countries) by 2011, and a total of 100Complementarity with countries by 2012.other WJP initiativesThe Index development is highly integrated with otherdimensions of the WJP. » The Index findings for a growing number of countries will be presented and discussed in detail every year at successive World Justice Forums. » Many of the issues identified by the Index in various countries will become fertile areas for the design of action plans or WJP Rule of Law Index™ Opportunity Fund proposals by Forum participants. » The results of various Opportunity Fund programs will be presented at each World Justice Forum, enabling a more detailed discussion of concrete issues covered by the Index. In some cases, Opportunity Fund programs will serve as pilot projects to be expanded into larger-scale interventions or replicated in additional countries. » Detailed discussions on Index findings at successive World Justice Forums and regional outreach meetings will generate useful information for further refinement of the Index methodology and measurement, as well as an opportunity to disseminate the results of both the Index and Opportunity Fund programs. » WJP scholars provide conceptual and methodological advice for the improvement and expansion of the Index, and the Index’s findings and data will be made available to researchers around the world.Next stepsThis volume presents the results and lessons learnedduring the WJP’s implementation of Index version 3.0in 35 countries in 2009. The Index remains a work inprogress, with the next steps including: » Publication of topic-specific reports and 15
  18. 18. The World Justice ProjectWJP Rule of Law Index™ 16
  19. 19. Part II: The rule of law around the world Juan Carlos Botero, Chantal V. Bright, Joel Martinez, Alejandro Ponce, and Christine S. Pratt The World Justice Project
  20. 20. The World Justice Project Western Europe and North America Regional Highlights Countries in Western Europe and North America tend to outperform most other countries in all dimensions. These countries are characterized by low levels of corruption, The following section provides an overview of regional with open and accountable governments, and effective trends revealed by the WJP Rule of Law Index™ in 2010. criminal justice systems. In most dimensions, countries Adherence to the rule of law varies widely around the in Western Europe obtain higher scores than the United world and appears to be positively correlated with per- States. For example, Sweden, the Netherlands, Austria, capita income. There is also significant variation in and France receive among the best marks in terms of outcomes across regions. Countries in the Middle East absence of corruption and access to civil justice. In and North Africa, for example, tend to have relatively contrast, most countries in Western Europe do not do little crime, but lag behind in offering an open process in as well as the United States and Canada with regard the making and administration of the laws. In contrast, to providing opportunities for the public to voice their countries in Sub-Saharan Africa display comparativeThe rule of law around the world concerns and participate in the law making process. strengths in the area of open government, but face challenges in fighting corruption. The average rankings The greatest weakness in Western Europe and North America for each region are shown in Table 2. appears to be related to the accessibility of the civil justice system. In the area of access to legal counsel, for instance, the United States ranks 20th, while Sweden ranks 17th. These are areas that require attention from both policy makers and civil society to ensure that all people, including marginalized groups, are able to benefit from the civil justice system. Table 2: Average ranking by region Eastern Western Latin Middle Sub- East Asia Europe & Europe America East & South Saharan & Pacific Central & North & the North Asia Africa Asia America Caribbean Africa Factor 1: Limited Government Powers 23 12 25 5 25 24 24 Factor 2: Absence of Corruption 25 14 22 5 24 17 28 Factor 3: Clear, Publicized and Stable Laws 25 14 24 6 22 21 24 Factor 4: Order and Security 31 11 13 7 28 19 24 Factor 5: Fundamental Rights 25 14 20 5 24 27 28 Factor 6: Open Government 21 14 25 6 22 34 20 Factor 7: Effective Regulation/Administration 26 12 25 5 22 19 29 Factor 8: Access to Civil Justice 24 14 21 6 23 21 31 Factor 9: Effective Criminal Justice 24 11 19 6 30 16 28 18

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