Promoting the rule of law in Africa

This workshop report, compiled by Eric Scheye for the Institute for Security Studies, details discussions held in March 2011 regarding the promotion of the rule of law (RoL) in Africa. The document critiques traditional donor-led 'institutional capacity development' models, arguing that RoL is primarily a political rather than technical challenge. It advocates for a shift toward service-delivery and problem-solving approaches that recognize legal pluralism, the role of non-state justice providers, and the specific needs of marginalized groups, particularly women.

• Rule of law (RoL) development in Africa is fundamentally a political process involving power dynamics rather than a technical exercise for legal or security professionals. Effective support requires political acumen and the ability to build alliances with political elites and constituencies who see the delivery of justice as a public good.
• Traditional donor-supported RoL programming has often failed because it relies on an 'institutional capacity development' model focused on resource deficits and technical inputs. The report suggests replacing this with an empirical, evidence-based approach that focuses on 'what exists and works,' including the outputs of local, non-state justice providers.
• There is a significant disconnect between donor intentions and the political realities of recipient governments. Many African elites and governments have an active political interest in thwarting RoL development, making it 'foolhardy' for donors to assume a universal commitment to accountability and good governance in conflict-affected states like Sudan, Sierra Leone, and the DRC.
• Legal pluralism is a vibrant reality in Africa, where customary law and local mediation often provide more accessible justice than centralized state courts. The report warns that attempting to 'fix' these systems by codifying customary law into a unitary framework can be detrimental, particularly to women, by removing flexibility and solidifying subservient positions.
• Pre-trial detention is a critical failure of the African criminal justice system, with extreme relative numbers of detainees due to judicial blockages. In Mali, 90% of incarcerated persons are awaiting trial, and in Angola, the figure is 60%. Paralegals are identified as essential for preventing abuse and bridging the gap between formal and customary legal systems.
• To improve gender equality and access to justice for women, RoL programming must expand beyond criminal justice into family, administrative, and property/land law. The report highlights the Thuthuzela Centres in South Africa as a successful model because they use a service-delivery and problem-solving approach located within health facilities to prioritize the victim.
• The International Criminal Court's (ICC) focus on African leaders has created skepticism regarding the roles of the ICC and the UN Security Council. The report suggests that the most effective way to pursue international criminal justice is to integrate international treaty provisions into national domestic law, allowing national institutions to conduct 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} }