Promoting the rule of law in Africa

The document argues that rule of law (RoL) development in Africa is primarily a political rather than a technical exercise, criticizing the traditional 'institutional capacity development' model used by donors. It advocates for a shift toward service-delivery and problem-solving approaches that recognize legal pluralism, engage legitimate local justice providers, and address the political interests of domestic elites who may oppose RoL reforms. The report highlights specific challenges such as extreme pre-trial detention rates, gender-based violence, and the complexities of international criminal justice via the ICC, while suggesting that sustainability is best achieved through community-driven projects and the integration of international human rights law into national domestic legislation.

• Rule of law (RoL) development is fundamentally a political activity involving power dynamics and alliances, rather than a technical practice for legal or security professionals. Effective support requires navigating the 'balances of power' and recognizing that some government elites have an 'active political interest in not undertaking RoL development'.
• The traditional 'institutional capacity development' model—which focuses on technical assistance, infrastructure, and 'deficits, resource scarcities and inputs'—has often led to unsustainable results. The report recommends moving toward empirical, evidence-based approaches and 'service delivery and problem-solving' models that are more relevant to local communities.
• Legal pluralism is a vibrant reality in Africa, where local providers (such as customary courts, village elders, and trade associations) often deliver the majority of justice and security. Donors are encouraged to support these legally authorized local providers rather than assuming state agencies are the only legitimate actors.
• Pre-trial detention is a critical issue in Africa due to judicial blockages, with extreme relative numbers in some countries: 90 per cent of incarcerated persons in Mali and 60 per cent in Angola are awaiting trial. In Nigeria, detainees may wait over four years for trials to begin, and an average of 65 per cent of those arrested never stand trial.
• Donor programming often fails to address gender equality because it focuses too narrowly on criminal justice. The report argues for expanding support into family law, property, and land rights, noting that codifying customary law can actually solidify the 'subservient position of women' and hinder their access to justice.
• Regarding international criminal justice, the report suggests that the International Criminal Court (ICC) should be a 'court of last resort'. To overcome political opposition from African leaders, the international community should help integrate international human rights law into national domestic law, enabling national institutions to conduct their own prosecutions.

APA

Scheye, E. (2011). Promoting the rule of law in Africa. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/RuleLawWSRep.pdf

Chicago

Scheye, Eric. Promoting the rule of law in Africa. Institute for Security Studies, 2011. https://issafrica.s3.amazonaws.com/site/uploads/RuleLawWSRep.pdf.

Wikipedia

{{cite report |last1=Scheye |first1=Eric |title=Promoting the rule of law in Africa |publisher=Institute for Security Studies |date=2011 |url=https://issafrica.s3.amazonaws.com/site/uploads/RuleLawWSRep.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{scheye2011promoting, author = {Scheye, Eric}, title = {{Promoting the rule of law in Africa}}, institution = {Institute for Security Studies}, year = {2011}, url = {https://issafrica.s3.amazonaws.com/site/uploads/RuleLawWSRep.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }