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Fragility and the Rule of Law in Bolivia

Rule of Law in Bolivia
Protests in Santa Cruz de la Sierra, Bolivia, threaten to hamper an already struggling economy. A city-wide shutdown occurred on August 8, 2022, over the government’s decision to postpone the 2022 decennial census until 2024. On one hand, Santa Cruz’s legislators believe that delaying the census is an attempt to deny the municipality more political representation as its population has ballooned in the previous three decades. Santa Cruz’s leadership in the battle for the census reinforces the city’s trend of opposition toward the ruling government (Movimiento al Socialismo), but also its power as the economic center of Bolivia.

By strongly opposing itself to the rule of Movimiento al Socialismo, Santa Cruz’s situation shows the fragility of the rule of law in Bolivia. The United Nations highlights that rule of law plays an integral role in the development of countries and the reduction of poverty as poverty often arises from “disempowerment, exclusion and discrimination.” The rule of law upholds the voices of the people, safeguards democracy and ensures the protection of human rights.

A History of Protests

Santa Cruz’s governor Luis Camacho announced that the capital of the municipality could freeze for 48 hours starting August 8 until President Luis Arce agreed to discuss an earlier census date. As the largest city in Bolivia and its economic center, estimates indicate that each day of the shutdown will equate to an economic loss of $33 million, leading to accusations of crippling the economy for political gain. Alongside the economic problems caused by the protest, there have been reports of violence from those in favor and against the shutdown, with mayor Jhonny Fernández’s home coming under attack.

This is not a temporary issue either. Santa Cruz has undergone numerous shutdowns in previous years, dating all the way back to the nationwide shutdown in 2019 over ex-President Evo Morales’ alleged fraudulent election victory. As recently as July 2022, protestors spoke out against Movimiento al Socialismo’s imprisonment of many opposition members. Among the imprisoned is former President Jeanine Añez whose interim presidency was upheld by the Bolivian Constitutional Court prior to her condemnation.

Hope for Resolution

Although these incidents point to the fragility of the rule of law in Bolivia, there is strong hope for a resolution to the conflict. President Arce agreed to revisit the 2023 census’ date with delegates from Santa Cruz, an important step toward reconciliation between Movimiento al Socialismo and Santa Cruz’s opposition government. Another promising feature of the shutdown is that despite sporadic violence, both the central government and Santa Cruz’s mayor have called for a peaceful resolution with dialogue from all sides.

Additionally, foreign nonprofits, governments and organizations form an active part of the efforts to strengthen Bolivia’s fragile political situation. In 2019, the Organization of American States and the European Union reviewed Bolivia’s election results, reporting possible instances of electoral fraud. In 2020, with oversight once again, Bolivia held an election with a fair democratic process in place.

To safeguard democracy and the rule of law, the International Republican Institute works to strengthen “democracy and freedom” and “guide politicians to be responsive to citizens” while “[motivating] people to engage in the political process.” In Bolivia specifically, the IRI aims to “support free and fair elections, democratic institutions and local government, civil society capacity building, and efforts to promote peacebuilding and reconciliation.”

Looking Ahead

In the Declaration of the High-level Meeting on the Rule of Law, states stressed that “the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger and the full realization of all human rights and fundamental freedoms, including the right to development, all of which in turn reinforce the rule of law.”

Ultimately, fragility remains a key issue for the rule of law in Bolivia, but both local and federal governments are showing a desire to prevent violence and enforce institutional authority. The rejections of violence by Governor Camacho and President Arce indicate that although there are differences between the states and the Bolivian government, there is also a willingness to bring issues like the census to an amicable resolution to strengthen the rule of law in Bolivia.

– Samuel Bowles
Photo: Flickr

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Fragility and Rule of Law in France and Macron’s Next Term

Fragility and Rule of Law in France
The recent reelection of President Emmanuel Macron saw Macron win 58.5% of the votes defeating runner-up Marine Le Pen. In his coming term as president, Emmanuel Macron must “pursue policies that make human rights a reality for all” according to the Human Rights Watch France Director Benedicte Jeannerod. This means that Macron must take the next necessary steps to progress human rights policies and provide greater protection to the rule of law in France.

Rule of Law in the European Union

The rule of law ensures that all rights and laws of society receive thorough protection and respect within a government. As a member of the European Union, it is necessary for France to protect and respect the laws and rights of the state through active promotion. Article 2 of the Treaty on the European Union (TEU) illustrates that “the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.” There are three ways that France will progress human rights through the rule of law both abroad and domestically in order to contribute to poverty eradication.

The Promotion of Equality Between Men and Women

Macron has pledged the promotion of equality between men and women as a part of this coming campaign’s wish list which will directly impact the poverty rates of France. According to The Break Poverty Foundation, single-parent families represent a large portion of the French family population and that population maintains “35% [that are] poor” as of 2016. The organization’s website states that “When the head of the family is an inactive woman (which is the case for 49% of these families), poverty rates escalate to 71%.” In order to alleviate these high rates of poverty that exist as a part of inequality, Macron has begun the repositioning of salary inequality in order to mitigate compensation discrimination.

Salary equality in France is also in a dire position. According to The French Brief article from April 2021, “men earn 28.5% more than women.” Macron has committed to bridging this inequality as one of his major campaign promises.

Macron’s Presidential Promises

A pro-business leader, Macron spent his first campaign for the presidency with promises to overhaul the French welfare system and aid in cutting public spending. Macron’s second term as president should see these promises intensified, which would directly work towards benefitting the impoverished.

Macron could achieve his desire to raise the pension age as well as cut taxes for households and businesses through a gradual increase in the pension age from 62 to 65, which is similar to Germany and the United Kingdom. Macron also aims to overhaul unemployment benefits in order to incentivize people to reenter the workforce. This should help Macron achieve his previous term promise of cutting spending in order to keep the budget within the EU deficit target spending.

Macron’s policy changes bring the possibility of further strengthening the French economy by keeping people employed longer allowing citizens to accumulate more social security benefits and pension credits. According to the Urban Institute, “By working until age 67 instead of retiring at age 62, for example, a typical worker could gain about $10,000 in annual income at age 75, significantly reducing the likelihood of falling into poverty at older ages.”

Poverty Rates in France

Macron’s recent campaign has put a large sense of importance placed upon education and training for his second term where he has announced the education of 1 million people in the ‘professions of the future.’

In France, “the unemployed appear to be the most at risk of poverty” according to Break Poverty. Break Poverty also found that the population that is employed has “18% of workers and employees” living in poverty.

Part of Macron’s proposal will see 400,000 people trained in engineering over the course of his next term of the presidency as well as 20,000 people recruited for the purpose of bridging a digital divide that currently exists that would lend support to those that are in need of mastering digital instruments.

Looking Ahead Regarding the Rule of Law in France and Poverty

The rule of law in any country exists in order to preserve and promote accountability of law and order. Macron has shown a commitment to the rule of law in France by promoting gender equality, preserving France’s economic health and creating an educated/trained workforce that will move France’s impoverished towards better financial security.

– Rachel Steen
Photo: Flickr

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Assessing Fragility and Rule of Law in Sierra Leone

Rule of Law in Sierra Leone
The Sierra Leone Army experienced a bloody civil war against the Revolutionary United Front from 1991 to 2002. At the time, the state of fragility and rule of law in Sierra Leone was abysmal. The United Nations Mission in Sierra Leone (UNAMSIL) designed to end the civil war, almost collapsed in 2000 after the Revolutionary United Front (RUF) kidnapped hundreds of U.N. peacekeepers. To rescue UNAMSIL, the United Kingdom began a military intervention in Sierra Leone in 2000, bringing the nation away from state failure. This military intervention defeated the RUF, ended Sierra Leone’s civil war and helped Sierra Leone develop a counterinsurgency doctrine. As the civil war ended, Sierra Leone has significantly democratized with three peaceful transfers of power since 2002.

Rule of Law

Today, Sierra Leone’s state of rule of law is magnitudes better than during the Sierra Leone civil war. While the country does have a basic judiciary system to enforce the law, corruption issues and unequal treatment of civilians still plague Sierra Leon’s court and policing system.

Sierra Leone’s police force suffers from a grave lack of accountability for extrajudicial killings and physical abuse. In December 2007, authorities did not hold any police officer to account for shooting and killing two demonstrators protesting a diamond mining company. Additionally, in 2012, authorities did not place blame on any police for the killing of two young men at Calaba Town without evidence that those young men had weapons. Sierra Leone police have also not received blame for shooting dead a motorcyclist they mistook for a bank robber in 2012. Sierra Leone has an endemic issue of police accountability and the Complaint Discipline and Internal Investigations Department (CDIID), a body designed to investigate police complaints is a body exclusively made up of police members. While this body has occasionally taken action for professional misconduct, the department has not investigated serious abuses or any of the abuses above.

Corruption in Sierra Leon’s Judiciary System

While Sierra Leone’s corruption in its judiciary system has improved, Sierra Leone’s court system still suffers from widespread corruption. The Sierra Leonean courts suffer from a lack of legitimacy as 32% of Sierra Leonean citizens say they trust the courts “somewhat” or “a lot” and 47% of Sierra Leone citizens say that “most” or “all” judges and magistrates are corrupt as of 2017. While defendants had the right to legal counsel, many defendants did not receive this right. The attorneys were often overworked and many defendants who could not pay for an outside attorney were not able to obtain pre-trial legal counsel or aid as of 2020. Luckily, Sierra Leone does not hold political prisoners and still maintains a relatively independent judicial system while the law, in theory, provides the right for every defendant in Sierra Leone to have a fair trial.

Fragility

In terms of political institutions, Sierra Leone is relatively stable. Since the end of the civil war, Sierra Leone has had three peaceful transfers of power in democratic elections. While Sierra Leone’s democratic institutions are functioning relatively well for a newer and poorer democracy, the threat of political violence is pervasive as 80% of Sierra Leoneans believe that politics almost always leads to violence.

Sierra Leone has come a long way since 1991. Fragility and rule of law in Sierra Leone today are orders of magnitude better than in 1991. The country has a relatively stable political landscape while suffering from an undercurrent of political violence as of 2022. Corruption permeates Sierra Leone’s criminal justice system and while in theory, every defendant receives the right to legal counsel, the system still does not equally apply it to all defendants in practice. Sierra Leone is relatively democratic with relatively free and fair elections and they have not suffered from mass political violence since the civil war in Sierra Leone.

– Alexander Richter
Photo: Flickr

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5 Legal Organizations Addressing Global Poverty

the rule of lawIn many countries around the world, the judicial process comes with a hefty price tag. As a result, impoverished communities often lack access to the legal services and assistance necessary to achieve justice. To ensure these communities can access the judicial process, legal organizations are expanding their manpower internationally to provide legal tools and programs to people in need. Below are five legal organizations addressing global poverty by promoting the rule of law.

  1. Lawyers without Borders (LWOB) – This organization offers pro bono legal services to communities in need around the world. These services often include legal advice and assistance to promote the rule of law. Additionally, the organization helps train future members of the trial system through its “Support Through Trial Advocacy Training” (STTAT). This includes judges, prosecutors, magistrates and more. LWOB takes participants step-by-step through the trial process to better understand legal proceedings. To ensure as many communities benefit from STTAT training as possible, LWOB has translated course materials into a plethora of languages including “Swahili, Amharic, Creole, Nepali, French and Spanish.”
  2. Lawyers Against Poverty – This organization works to promote social justice in different countries. Composed of volunteer lawyers from around the world, Lawyers Against Poverty provides legal assistance and donations to communities in need. For example, in 2020 the organization donated 30,000 pounds to help women living in Jordan file legal proceedings for domestic violence during the pandemic. Additionally, the organization has donated 10,000 pounds to provide refugees in Greece with legal assistance filing asylum cases. To date, the organization has donated time and money to Pakistan, Nigeria, Kenya and Greece to broaden important access to judicial systems.
  3. TrustLaw (The Thomson Reuters Foundation) – Created in 2011, this program came into being as part of the Thomson Reuter Foundation’s aim to provide pro bono legal services to worldwide communities. By connecting non-governmental organizations with law firms, TrustLaw provides a plethora of communities with legal assistance and training courses. In fact, TrustLaw has supplied legal assistance worth about $172 million since its creation. Additionally, the program works on three “areas of impact” to promote the rule of law. First, TrustLaw encourages members to devise solutions to climate change. Next, TrustLaw works to end modern slavery by conducting legal research on the issue. Finally, TrustLaw works to ensure women’s rights are upheld and respected on the international stage.
  4. International Development Law Organization (IDLO) – In 1988, the International Development Law Organization was uniquely formed to serve as a global intergovernmental organization that promoted the rule of law. It has impacted more than 90 different countries worldwide. Additionally, IDLO works in regions like Latin America, Asia, Eastern Europe and Africa. In addition to promoting the rule of law, the organization also focuses on women’s rights, economic sustainability, peace and democracy, public health, climate change and access to justice. The organization focuses on U.N. goals as well in its efforts toward sustainability.
  5. Global Legal Action Network (GLAN) – A nonprofit, the Global Legal Action Network dedicates itself to injustice and holding countries that violate human rights accountable. To gain international influence, the nonprofit partners with local grassroots organizations and civil society leaders in countries around the world. In addition to addressing human rights violators, the organization also deals with legal issues. These include issues tied to war, immigration and economic justice. More recently, GLAN has partnered with the World Uyghur Congress (WUC) and Uyghur Human Rights Project (UHRP) to expose how the Chinese government mistreats Uyghurs in concentration camps.

The five legal organizations mentioned above address global poverty by offering donations, legal services and assistance to communities in need. This way, poor communities are not disadvantaged in terms of accessing different judicial systems around the world. Overall, these legal organizations ensure justice is available to everyone regardless of socioeconomic status, sex, ethnicity or nationality.

– Chloe Young
Photo: Unsplash