World Justice Project presents Pakistan’s dismal picture

ISLAMABAD: The World Justice Project (WJP) paints a dismal picture of Pakistan in regard to the rule of law, absence of corruption, and order and security.

In its report for 2017-18, the WJP claims to be an independent, multidisciplinary organisation working to advance the rule of law around the world. It says effective rule of law reduces corruption, combats poverty and disease, and protects people from injustices large and small. It is the foundation for communities of equity, opportunity, and peace —underpinning development, accountable government, and respect for fundamental rights.

The WJP scores range from 0 to 1, with 1 indicating the strongest adherence to the rule of law. Pakistan stands at number 105 among a total of 113 countries under review. In South Asia, other countries are better off as Pakistan comes after India which figures at number 62, Nepal at 58, Sri Lanka at 59 and Bangladesh at 102. However, lawless Afghanistan is ahead of Pakistan in the worst rule of law as Kabul is at number 111.

But, a silver lining is that Pakistan is listed among 21 countries with “improving” rule of law but is still below the median. The WJP divided the countries into declining, stable and improving rule of law categories.

In the order and security group, Pakistan is at the bottom (number 113) of the index. This factor measures how well a society assures the security of persons and property. Security is one of the defining aspects of any rule of law society and is a fundamental function of the state. It is also a precondition for the realisation of the rights and freedoms that the rule of law seeks to advance.

Surprisingly, even Afghanistan, Uganda, Turkey, Philippines, Egypt, Cameroon, Venezuela and Nigeria are better than Pakistan in this category. In the absence of corruption group, Pakistan is ranked number 99 with all the other South Asian countries having a much better picture than it. Nepal stands at number 51, India at 67, Bangladesh at 93, and Sri Lanka at 58. But Afghanistan is at number 109.

The factor of absence of corruption in government considers three forms of corruption: bribery, improper influence by public or private interests, and misappropriation of public funds or other resources. These three forms are examined with respect to government officers in the executive branch, the judiciary, the military, police, and the legislature.

Pakistan is ranked number 111 in the openness of government, which is defined by the extent to which a government shares information, empowers people with tools to hold it accountable, and fosters citizen participation in public policy deliberations. This factor measures whether basic laws and information of legal rights are publicised and evaluates the quality of information published by the government.

Only worst countries in terms of the openness of government than Pakistan are Uganda, Afghanistan, Uzbekistan, Combodia, Venezuela, Bangladesh, Turkey, China, Ethiopia, Myanmar, Iran, Eypt and Zimbabwe, according to the WJP.

The report also measures the extent to which regulations are fairly and effectively implemented and enforced - regulations, both legal and administrative, structure behaviours within and outside of the government. This factor does not assess which activities a government chooses to regulate, nor does it consider how much regulation of a particular activity is appropriate. Rather, it examines how regulations are implemented and enforced. Pakistan figures at number 105, followed by Guatemala, Zimbabwe, Madagascar, Afghanistan, Egypt, Ethiopia, Cambodia and Venezuela.

The WJP also presents an overall picture not only about Pakistan but all the 113 countries under review. In terms of constraints on government, Islamabad emerges at number 66 in constraints on the government power; at number 80 in open government, at number 100 in fundamental rights, at number 113 (lowest of all the countries) in order and security and at number 105 in regulatory enforcement.

Constraints on government powers mean limits by judiciary and legislature; independent auditing; sanctions for official conduct; non-government checks and lawful transition of power.

Open government relates to publicised law and government data; right to information; civic participation and complaints mechanism. Fundamental rights cover no discrimination; right of life and security; due process of law; freedom of expression, association and religion; right to privacy; and labour rights. Order and security covers absence of crime, civil conflict, and violent redress.

In the sub-Saharan Africa, Cameroon, Zimbabwe and Ethiopia are ahead of Pakistan in the worst rule of law by occupying the position numbers 119, 118 and 107 respectively in the index. Among the 12 low income countries, Afghanistan is ahead of Pakistan. In the 30 lower middle income states, Egypt, Cambodia and Bolivia are ahead of Pakistan by figuring at number 110, 112 and 106 numbers.

Founded by William H Neukom in 2006 as a presidential initiative of the American Bar Association (ABA), and with the initial support of 21 other strategic partners, the WJP transitioned into an independent non-profit organisation in 2009. Its offices are located in Washington, DC and Seattle; Mexico City; and Singapore.

Traditionally, the WJP says the rule of law has been viewed as the domain of lawyers and judges. But everyday issues of safety, rights, justice, and governance affect everybody; everyone is a stakeholder in the rule of law. Based on this, WJP’s mutually-reinforcing lines of business employ a multi-disciplinary approach through original research and data, an active and global network, and practical, locally-led programmes to advance the rule of law worldwide.

The WJP’s Research and Scholarship work supports research about the meaning and measurement of the rule of law, and how it matters for economic, socio-political, and human development. The Rule of Law Research Consortium (RLRC) is a community of leading scholars from a variety of fields harnessing diverse methods and approaches to produce research on the rule of law and its effects on society.