WJP Index Report 2012

download WJP Index Report 2012

of 246

Transcript of WJP Index Report 2012

  • 8/13/2019 WJP Index Report 2012

    1/246

    e World Justice Project

    Rule ofLaw Index

    2010

    The World Justice Project | Index

    Mark D r tJuan Ca l eroJoel Mar zAlejandr nceChristine S. att

    2012 - 2013

  • 8/13/2019 WJP Index Report 2012

    2/246

    e World Justice Project

    Rule ofLaw Index

    2010

    Mark David AgrastJuan Carlos BoteroJoel MartinezAlejandro PonceChristine S. Pratt

    With the collaboration of:Kelly Roberts

    2012-2013

    The World Justice Project | Rule of Law Index

  • 8/13/2019 WJP Index Report 2012

    3/246

    The World Justice Project

    Board of Directors:

    Officers:

    Executive Director:

    Chief Research Officer:

    Rule of Law Index 2012-2013Team:

    ISBN (print version): 978-0-9882846-2-3 ISBN (online version): 978-0-9882846-3-0

    Graphic design:

    Suggested citation:

    |

    TheWJPRuleofLawIndex

    II

  • 8/13/2019 WJP Index Report 2012

    4/246

    1 | Preface

    2 | Executive Summary

    5 | Part I: Constructing the WJP Index

    21 | Part II: The Rule of Law Around the World

    23 | Regional Highlights

    57 | Country Profiles

    157 | Data Tables

    183 | Data Notes

    191 | Part III: Statistical Audit

    201 | Part IV: Contributing Experts

    229 | Part V: Acknowledgments

    233 | About The World Justice Project

    Contents

  • 8/13/2019 WJP Index Report 2012

    5/246

  • 8/13/2019 WJP Index Report 2012

    6/246

    Preface

    The rule of law is the foundation for communities of opportunity and equityit is the predicate forthe eradication of poverty, violence, corruption, pandemics, and other threats to civil society.

    WILLIAM H. NEUKOM, FOUNDER, PRESIDENT AND CEO OF THE WORLD JUSTICE PROJEC

    97countries

    covered

    More than

    97,000people and

    2,500experts participatedPREFACE

  • 8/13/2019 WJP Index Report 2012

    7/246

    .

    .

    .

    .

    .

    .

    .

    .

    .

    Executive Summary

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    8/246

    USES OF THE INDEX

    DEFINING THE RULE

    OF LAW

    I.

    II.

    III.

    IV.

    THE WJP RULE OFLAW INDEX

    EXECUTIVESUMMARY

  • 8/13/2019 WJP Index Report 2012

    9/246

    ABOUT THE WORLDJUSTICE PROJECT

    Comprehensiveness:

    New data:

    Rule of law in practice:

    Anchored in actual experiences:

    Action oriented:

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    10/246

    Part I: Constructing theWJP Rule of Law Index |

  • 8/13/2019 WJP Index Report 2012

    11/246

  • 8/13/2019 WJP Index Report 2012

    12/246

    INTRODUCTION

    Constructing theWJP Rule of Law Index

    DEFINING THE RULEOF LAW

    P

    ARTI:CONSTRUCTINGTHEWJPRULEOFLAWINDEX|

  • 8/13/2019 WJP Index Report 2012

    13/246

    Box 1 : The rule of law in everyday life

    Suppose the owner o a small business has a dispute with a client over a large, unpaid bill. What i heronly recourse to settle the dispute is through the threat o physical violence? Consider the bridges,roads, or runways we traverse dailyor the offices and buildings in which we live, work, and play. Whatif building codes governing their design and safety were not enforced? Or suppose someone broke intoyour ome an sto e your e ongings, an t ere was no means to rec aim your property an ring t eperpetrator to justice? Although we may not be aware of it, the rule of law is a profoundly importantpart o our lives. It is the oundation or a system o rules to keep us sa e, resolve disputes, and enableus to prosper. Lets consider a few examples:

    a. Bus ness env ronmentImagine an investor see ing to commit resources a roa . S e wou pro a y t in twicebefore investing in a country where corruption is rampant, property rights are ill-defined,and contracts are difficult to enforce. Uneven enforcement of regulation, corruption,insecure property rights, and ineffective means to settle disputes undermine legitimatebusiness and drive away both domestic and foreign investment.

    b. Public worksSafe and reliable physical structures are essential to a thriving economy and an efficientsociety. Yet corrupt practices in t e construction process a oun , iscouraging onestpractitioners from entering the market through prohibitive bribery and kickback costs. In

    many cases, for instance, it has been alleged that government officials and contractors havebeen complicit in using low-quality materials in order to pocket the surplus. Transparency inthe procurement process and effectively enforced regulations and safety codes help curtailillegal practices and increase the reliability and security of physical infrastructure.

    c. Pu ic ea tMaintaining the physical health of a society is hugely reliant on its health care deliverysystems. Absenteeism, mismanagement, bribes, and in ormal payments undermine healthcare delivery and waste scarce resources. Un ortunately, it is in poor countries that peopleare most likely to have to pay bribes to obtain medical attention. As a result, many people donot receive a equate me ica care.

    d. Env ronmentCountries around the world have laws to protect the environment. Un ortunately, theselaws are not always enforced. Weak enforcement of environmental laws can lead to major

    problems, including pollution, de orestation, loss o biodiversity, natural disasters, and poorwaste management. E ective en orcement and appropriate management are use ul toolsin protecting the environment and public health without unduly constraining economicdevelopment. Adherence to the rule o law is essential to hold the government, businesses,civil society organizations, and communities accountable or sound environmental policies.

    The rule of law affects all of us in our everyday lives. It is not only important to lawyers and judges;it matters to businessmen, builders, consumers, doctors, and journalists. Every sector o society is astakeholder in the rule o law.

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    14/246

    [T]he apartheid government, its o cers andagents were accountable in accordance withthe laws; the laws were clear; publicized, and

    stable, and were upheld by law enforcementofficials and judges. What was missing was the

    substantive component of the rule of law. Theprocess by which the laws were made was notfair (only whites, a minority of the population,had the vote). And the laws themselves were not

    fair. They institutionalized discrimination, vestedbroad discretionary powers in the executive, andailed to protect undamental rights. Without a

    substantive content there would be no answer tothe criticism, sometimes voiced, that the rule oflaw is an empty vessel into which any law couldbe poured.

    Box 2 : Four Universal Principles of the Rule of Law

    The WJP uses a working definition of the rule of law

    based on four universal principles: he government and its officials and agents areaccountable under the law.

    he laws are clear, publicized, stable and fair, andprotect fundamental rights, including the securityof persons and property.

    he process by which the laws are enacted,administered and enforced is accessible, fair andefficient.

    Justice is delivered by competent, ethical, andindependent representatives and neutrals who areo su icient number, have adequate resources, and

    reflect the makeup of the communities they serve.

    P

    ARTI:CONSTRUCTINGTHEWJPRULEOFLAWINDEX|

  • 8/13/2019 WJP Index Report 2012

    15/246

    THE WJPRULE OF LAW INDEX

    Limited Government Powers

    Box 3 : Updates to the Conceptual Framework

    The WJP Rule of Law Index 2012-2013 report introduces

    several conceptual changes. First, several sub-factorsfrom the Index 2011 report have been adjusted in theIndex 1 - 1 report: sub- actor 7.1 (people are awareof available remedies), sub-factor 7.2 (people canaccess and afford legal advice and representation),and sub- actor 7.3 (people can access and a ord civilcourts) rom the In ex 1 report have been merged toorm sub- actor 7.1 (people have access to a ordable

    civil justice) of the current report. Second, sub-factor5.1 t e aws are compre ensi e to t e pu ic ansub- actor 5.2 (the laws are publicized and widelyaccessible) have been combined into sub- actor 5.1(the laws are publicized and accessible) of this yearsreport. Similarly, sub- actor 5.5 (o icial dra ts o laws

    are available to the public) and sub- actor 5.6 (o icialinformation is available to the public) have been mergedinto sub- actor 5.4 (o icial in ormation is availableon request). Third, or the irst time data has beencollected on sub-factor 2.4 (government officials in thelegislative branch do not use public o ice or privategain). Finally, in the measurement o Factor 2 (Absenceof Corruption), several variables related to the crime ofem ezz ement ave een incorporate into t e In ex.

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    16/246

    THE WORLD JUSTICE PROJECT RULE OF LAW INDEXThe rule o law is a system in which the ollowing our universal principles are upheld:

    he government and its o icials and agents are accountable under the law.

    The laws are r, publicized, stable and air, and protect undamental rights, including the security oclepersons an erty.

    The process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair.

    Justice is delivered by competent, ethical, and independent representatives and neutrals who are osu icient number, have adequate resources, and re lect the makeup o the communities they serve.

    These our universal principles which comprise the WJPs notion o the rule o law are urther developed inthe nine factors of theWJP Rule of Law Index.

    Factors & Sub-FactorsFACTOR: Regulatory Enforcement

    6.1 Government regulations are e ectively enforced

    6.2 Government regulations are applied and en orced without improperinfluence

    6.3 Administrative proceedings are conductedwithout unreasonable delay

    6.4 Due process is respected in administrative proceedings

    6.5 The Government does not expropriate without adequateompensation

    FACTOR : Civil Justice7.1 People can access and aff rd civil justice

    7.2 Civil justice is free of discrimination7.3 Civil justice is free of corruption7.4 Civil justice is free of improper government influence7.5 Civil justice is not subject to unreasonable delays7.6 Civil justice is e ctively enforced7.7 ADRs are accessible, impartial, and eff ctive

    FACTOR : Criminal Justice8.1 Criminal investigation system is effective8.2 Criminal adjudication system is timely and e ective8.3 Correctional system is effective in reducing criminal behavior8.4 Criminal system is impartial8.5 Criminal system is free of corruption8.6 Criminal system is free of improper government influence8.7 Due process of law and rights of the accused

    FACTOR: Informal Justice9.1 Informal justice is timely and eff ctive9.2 Informal justice is impartial and free of improper influence9.3 Informal justice respects and protects fundamental rights

    FACTOR : Limited Government Powers1.1 Government powers are de ned in the undamental law1.2 Government powers are effectively limited by the legislature1.3 Government powers are effectively limited by the judiciary

    1.4 Government powers are effectively limited by independent auditingand review1.5 Government offi ials are sanctioned for misconduct1.6 Government powers are subject to non-governmental checks1.7 Transition of power is subject to the law

    FACTOR : Absence of Corruption2.1 Government offi ials in the executive branch do not use public officeor private gain

    2.2

    Government o ials in the judicial branch do not use public o e or

    private gain2.3 Government offi ials in the police and the military do not use publico ce or private gain

    2.4 Government o ials in the legislative branch do not use public o cefor private gain

    FACTOR : Order and Security3.1 Crime is effectively controlled3.2 Civil conflict is e ectively limited3.3 People do not resort to violence to redress personal grievances

    FACTOR: Fundamental Rights4.1 Equal treatment and absence o discrimination4.2 The right to life and security of the person is e ectively guaranteed4.3 Due process of law and rights of the accused4.4 Freedom of opinion and expression is e ectively guaranteed

    4.5 Freedom o belie and religion is e ectively guaranteed4.6 Freedom from arbitrary interference with privacy is effectivelyguaranteed4.7 Freedom of assembly and association is e ectively guaranteed4.8 Fundamental labor rights are e ctively guaranteed

    FACTOR : Open Government5.1 The laws are publicized and accessible5.2 The laws are stable5.3 Right to petition the government and public participation5.4 O cial in ormation is available on request

    P

    ARTI:CONSTRUCTINGTHEWJPRULEOFLAWINDEX|

  • 8/13/2019 WJP Index Report 2012

    17/246

    Box 4 : The WJP Rule of Law Index methodology in a nutshell

    The production of the WJP Rule of Law Index may be summarized in ten steps:

    . The WJP developed the conceptual ramework summarized in the Indexs 9 actors and 48sub- actors, in consultation with academics, practitioners, and community leaders romaround the world.

    . The Index team developed a set o ive questionnaires based on the Indexs conceptualramework, to be administered to experts and the general public. Questionnaires were

    translated into several languages and adapted to reflect commonly used terms andexpress ons.

    . The team identified, on average, more than 300 potential local experts per country torespond to the quali ied respondents questionnaires, and engaged the services o leadinglocal polling companies.

    . Polling companies conducted pre-test pilot surveys o the general public in consultation withthe Index team, and launched the final survey.

    . The team sent the questionnaires to local experts and engaged in continual interaction witht em.

    . The Index team collected and mapped the data onto the 48 sub- actors.

    . The Index team constructed the final scores using a five-step process:

    a. Codified the questionnaire items as numeric values.

    b. Produced raw country scores by aggregating the responses rom several individuals(experts or general public).

    c. Normalized the raw scores.

    d. ggregated the normalized scores into sub- actors and actors using simple averages.e. roduced the final rankings using the normalized scores.

    . The data were subject to a series of tests to identify possible biases and errors. For example,the Index team cross-checked all sub- actors against more than 60 third-party sources,including quantitative data and qualitative assessments drawn rom local and internationalorgan zat ons.

    . A sensitivity analysis was conducted by the Econometrics and Applied Statistics Unit of theEuropean Commissions Joint Research Centre, in collaboration with the Index team, to assessthe statistical reliability o the results.

    .Finally, the data were organized into country reports, tables, and igures to acilitate theirpresentation and interpretation.

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    18/246

  • 8/13/2019 WJP Index Report 2012

    19/246

    Fundamental Rights

    Open government

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    20/246

    Regulatory enforcement

    Civil Justice

    Criminal Justice

    P

    ARTI:CONSTRUCTINGTHEWJPRULEOFLAWINDEX|

  • 8/13/2019 WJP Index Report 2012

    21/246

    Table 1: Countries Indexed in 2012-2013

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    22/246

    Informal Justice

    Box 5 : Law in practice vs. law on books

    In order to evaluate the rule of law in a givencountry, it is important to have an understandingof the countrys laws and institutions. However,

    this is not enough. It is necessary to look notonly at the laws as written ( e jure) but at howthey are actually implemented in practice andexperienced by those who are subject to them deacto). The WJPs Rule of Law Index methodologyocuses entirely on adherence to the rule o lawn practice.

    MEASURING THE RULEOF LAW

    APPROACH

    P

    ARTI:CONSTRUCTINGTHEWJPRULEOFLAWINDEX|

  • 8/13/2019 WJP Index Report 2012

    23/246

    DATA ANDAGGREGATION

    USING THE WJP RULEOF LAW INDEX

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    24/246

  • 8/13/2019 WJP Index Report 2012

    25/246

  • 8/13/2019 WJP Index Report 2012

    26/246

    Part II: The Rule of LawAround the World |

  • 8/13/2019 WJP Index Report 2012

    27/246

  • 8/13/2019 WJP Index Report 2012

    28/246

    Regional Highlights

    PARTII:THERULEOFLAWA

    ROUNDTHEWORLD|

  • 8/13/2019 WJP Index Report 2012

    29/246

  • 8/13/2019 WJP Index Report 2012

    30/246

    AustriaBelgiumCanadaDenmarkFinland

    FranceGermanyGreeceItalyNetherlandsNorwayPortugalSpainSwedenUnited Kingdom

    United States

    COUNTRIES

    AVERAGE RANKINGS FOR:

    WESTERN EUROPE & NORTH AMERICA

    LIMITED GOVERNMENT POWERS

    ABSENCE OF CORRUPTION

    ORDER AND SECURITY

    FUNDAMENTAL RIGHTS

    OPEN GOVERNMENT

    REGULATORY ENFORCEMENT

    CIVIL JUSTICE

    CRIMINAL JUSTICE

    Western Europe& North AmericaCountries in Western Europe andNorth America tend to outperformmost other countries in all dimensions.These countries are characterized byrelatively low levels of corruption, openand accountable governments, and

    effective criminal justice systems. Thegreatest weakness in Western Europeand North America appears to be relatedto the accessibility of the civil justicesystem, especially for marginalizedsegments of the population. This is anarea that requires attention from bothpolicy makers and civil society. Whileprotection of fundamental rights in thisregion is the highest in the world, policediscrimination against foreigners andethnic minorities is an issue of concernin most countries.

    Austria ranks among the top 10globally in five dimensions of the ruleof law and among the top 20 in theremaining categories. The governmentis accountable and free of corruption,and fundamental rights are stronglyprotected. Although the country isvery open, people in Austria facemore difficulties in accessing officialdocumentation than do individuals inmost developed nations. The countryscourts are accessible and free of improperinfluence. However, discrimination by

    judicial personnel and law enforcement

    officers against disadvantaged groups isperceived to be a problem.

    Belgium ranks in the top 20 worldwidein seven of the eight dimensionsmeasured by the Index. The countryscores well in government accountability(ranking sixteenth) and protection offundamental rights (eleventh), althoughpolice discrimination against foreigners

    is perceived to be a significant problem.The judicial system is relativelyindependent, accessible, and affordable.However, judicial delays in civil cases area source of concern.

    Canada performs well in all eightdimensions of the rule of law. Thegovernment is accountable (rankingfifteenth), corruption is minimal (rankingtwelfth) and the country generallyobserves fundamental rights (rankingeighteenth), although discriminationagainst immigrants and the poor isa source of concern. The country isrelatively safe from crime, civil courtsare accessible and independent, and thecriminal justice system is effective inbringing offenders to justice. However,delays in court processes are perceived

    to be a problem.Denmark is the world leader in twodimensionsgovernment accountabilityand criminal justiceand places in thetop 10 in all dimensions. Denmarkspublic institutions are transparent,efficient, and free of corruption. The

    PARTII:THERULEOFLAWAROUNDTHEWORLD|WESTERNEU

    ROPE&NORTHAMERICA

  • 8/13/2019 WJP Index Report 2012

    31/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    32/246

    Box 6 : Equal Access to Justice

    As understood by the World Justice Project,access to justice refers to the ability of all peopleto seek and obtain effective remedies throughaccessible, affordable, impartial, efficient,

    effective, and culturally competent institutionsof justice. Well-functioning dispute resolutionsystems enable people to protect their rightsagainst in ringement by others, includingpower ul parties and the state.

    All around the world, peoples ability to uselegal channels to resolve their disputes is o tenimpeded by obstacles such as inancial barriers,language problems, complexity o procedures,or simply lack of knowledge, disempowerment,and exclusion. This problem is not restrictedto developing countries. In many developednations, the formal civil justice systems, although

    independent and ree o improper in luence,remain largely inaccessible to disadvantagedu .

    The cases of Finland and the United Statesprovide an illustrative example. When acinga common civil dispute (in this case, an unpaiddebt), most people in Finland, regardless oftheir socio-economic status, tend to use ormaldispute-resolution channels, while only a fewchoose to take no action. The situation is quite

    different in the United States. While high-incomeAmericans behave similarly to the Finnish, low-income people act very differentlyonly a fewuse the court system (including small-claims

    courts), while many take no action to resolvetheir disputes. The variances between countriesmight be attributable to differences in attorneysees, availability of legal services, awareness o

    available remedies, disempowerment, differentinstitutional settings, or differences related tothe organization of the society, to mention justa few. For example, in the United States, amongthe low income litigants, 81% did not seek legalassistance because they felt that they could nota ord the lawyers ees, compared to 48% o thehigh income litigants. In Finland, this differencebetween high and low income litigants is not aspronounced as in the United States. While the

    causes of these patterns are subject to debate,ew will disagree with the view that more workis needed to ensure that all people are able tobenefit from a functioning civil justice system.

    Figure 2: Use of legal assistance inFinland and in the United States% o respondents who did not use legal assistance because they considered theycould not a ord a lawyers ees

    HIH

    IN

    ME

    LOWI

    NCOME

    UNITED STATES

    HIH

    N

    ME

    L

    OWI

    NCOME

    FINLAND

    Figure 3: Use of formal dispute mechanismsin Finland and the United States% o respondents who iled a lawsuit in court (including small claims court) toresolve a civil dispute vs. % who took no action to resolve the dispute, grouped byhousehold income level

    UNITED STATES

    HIGHINCOME

    LOW

    INCOME

    Filed Lawsuit

    LOW

    INCOME

    HIGHINCOME

    Took no action

    HIGHINCOME

    LOWINCOME

    HIGHINCOME

    LOWINCOME

    FINLAND

    Filed Lawsuit Took no action

    Figure 1: Access to civil justice in highincome countriesScore of factor 7, where 1 signifies higher adherence to the rule of law

    N RWAYNETHERLAND

    ERMANYIN AP RE

    DENMARKWEDEN

    EW ZEALANA TRIA

    AUSTRALIAANADA

    REPUBLI F K REE T NIA

    H N K N AR, HINA

    BEL IUM

    ZE H REP BLIPAIN

    P RTU AREE E

    L VENIA

    LAND

    HUN ARYR ATIA

    UNITED KIN D M

    FRAN E

    UNITED TATE

    PARTII:THERULEOFLAWAROUNDTHEWORLD|WESTERNEU

    ROPE&NORTHAMERICA

  • 8/13/2019 WJP Index Report 2012

    33/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    34/246

    PARTII:THERULEOFLAWAROUNDTHEWORLD|WESTERNEU

    ROPE&NORTHAMERICA

  • 8/13/2019 WJP Index Report 2012

    35/246

    COUNTRIES

    AustraliaCambodiaChinaHong Kong SAR, ChinaIndonesia

    JapanRepublic of KoreaMalaysiaMongoliaNew ZealandPhilippinesSingaporeThailandVietnam

    COUNTRIES

    AustraliaCambodiaChina

    AVERAGE RANKINGS FOR:

    EAST ASIA & PACIFIC

    FUNDAMENTAL RIGHTS

    LIMITED GOVERNMENT POWERS

    ABSENCE OF CORRUPTION

    ORDER AND SECURITY

    OPEN GOVERNMENT

    REGULATORY ENFORCEMENT

    CIVIL JUSTICE

    CRIMINAL JUSTICE

    East Asia &PacificThe East Asia and Pacific (EAP) regionis one of the most diverse and complexregions in the world. Taken as a whole,the EAP region falls in the upper half ofthe global rankings in most categories;however, there are important differences

    in rule of law outcomes across countriesencompassing the region. Wealthynations, such as Australia, New Zealand,and Japan rank among the top 15 globallyin nearly all categories measured bythe Index, yet lag behind regionalpeers in guaranteeing equal treatmentto disadvantaged groups. In contrast,middle income countries in the regionface challenges in combating corruption,strengthening accountability, andimproving how effectively andefficiently government agencies andcourts function. In countries such as

    Malaysia, Vietnam, and China, judicialindependence is an area in need ofattention, as is the poor record onrespect for fundamental rights, includinglabor rights, freedom of assembly, andfreedom of opinion and expression.Accessibility of official information inEast Asia and Pacific countries is lowerthan in other regions of the world.

    Australia ranks among the top tenglobally in five of the eight dimensionsmeasured by the Index. The civil courtsare efficient and independent, although

    access to affordable legal counsel remainslimited, particularly for disadvantagedgroups. The country ranks among thebest in the world in protecting mostfundamental rights, but lags behindmost other high income countries inguaranteeing equal treatment and non-discrimination, especially for immigrantsand low-income people.

    Cambodia is ranked lower than mostother countries in the region on alldimensions. The overall legal andinstitutional environment remains quiteweak, which is highlighted by the lowscores in key areas, including effective

    limits on government powers (rankingninetieth); regulatory enforcement;access to civil justice; and absenceof corruption (ranked eighty-fifth).Property rights are very weak, and policeabuses remain a significant problem.On the other hand, Cambodia has lowercrime rates than most countries in thelow income group.

    China scores well on public safety,ranking thirty-second overall and fourthamong its income peers. The criminal

    justice system is relatively effective, but

    compromised by political interferenceand violations of due process of law.Administrative agencies are lax inenforcing regulations and vulnerable toimproper influence (ranking eightieth).The civil court system is relativelyspeedy and accessible, but judicial

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    36/246

    PARTII:THER

    ULEOFLAWAROUNDTHEWORL

    D|EASTASIA&

    PACIFIC

  • 8/13/2019 WJP Index Report 2012

    37/246

    U TH A IA

    LATIN AMERI A ARIBBEA

    EA TERN E R PE ENTRAL A I

    AHARAN AFRI

    M IDDLE E A T N R TH AFR I

    EA T A IA PA IFI

    WE TERN E R PE N RTH AMERI A

    Figure 4: Impunity around the worldRegional sub- actor 1.5 scores, where higher marks signi y higher adherence to the rule o law

    Box 7 : Impunity

    T e princip e t at no one is a ove t e aw isfundamental to the rule of law, which requiresthat all people, including government officialsand agents, be subject to the same legal rules.In countries where the rule of law is strong,government officials are held accountable forofficial misconduct. In countries where the rule ofaw is weak, those who are politically connected

    are rarely called to account or their misdeeds.

    Impunity means denial o justice or systematicuman rights violations; it prevents corrupt

    o icials rom being disciplined; and it underminesublic con idence in the rule o law. The WJP

    Rule o Law Index addresses impunity in Factor1 under sub- actor 1.5 Government o icialsare sanctioned or misconduct. The sub- actorapplies to all government o icials, whether theyserve in t e executive ranc , t e egis ative

    ranc , t e ju iciary, t e po ice or t e mi itary.

    To varying degrees, all countries struggle withthe problem o impunity. Worldwide, only 37%o people surveyed by the WJP in 2012 believe

    that a high-ranking government o icer who isexposed for stealing government money wouldbe prosecuted and punished. But the extent othe problem varies substantially by country andregion. In general, Western European and NorthAmerican countries receive the highest scores,followed by East Asia and Pacific, the Middle Eastand North A rica, Sub-Saharan A rica, and EasternEurope and Central Asia. Latin America andSouth Asia are in last place, with 12 of the 16 LatinAmerican countries indexed by the World JusticePro ect in 2012 ran e in t e 30% percenti e orlower.

    A culture of impunity undermines respect forundamental rights, breeds corruption, and leads

    to a vicious cycle of law-breaking, as it neutralizesthe deterrent effect of punishment. Impunity alsoerodes public trust in state institutions, signalsto citizens that laws do not matter, and acts as a

    rag on eve opment. Wit so muc at ris , moreneeds be done in every country to hold officialsaccountable and build a culture that respects therule o law.

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    38/246

    Table 2: Rule of law rankings in Brazil, China, India, and Russia (BRIC Economies)

    PARTII:THER

    ULEOFLAWAROUNDTHEWORL

    D|EASTASIA&

    PACIFIC

  • 8/13/2019 WJP Index Report 2012

    39/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    40/246

    COUNTRIES

    LIMITED GOVERNMENT POWERS

    AVERAGE RANKINGS FOR:

    EASTERN EUROPE & CENTRAL ASIA

    FUNDAMENTAL RIGHTS

    ORDER AND SECURITY

    ABSENCE OF CORRUPTION

    REGULATORY ENFORCEMENT

    CRIMINAL JUSTICE

    CIVIL JUSTICE

    OPEN GOVERNMENT

    AlbaniaBelarusBosnia and HerzegovinBulgariaCroatia

    Czech RepublicEstoniaGeorgiaHungaryKazakhstanKyrgyzstanMacedoniaMoldovaPolandRomania

    RussiaSerbiaSloveniaTurkeyUkraineUzbekistan

    Eastern Europe& Central AsiaPerformances vary greatly amongstcountries in the Eastern Europe andCentral Asia (ECA) region covered by theIndex, with some nations scoring nearlythe same as the strongest performers inthe world. Accountability remains a major

    challenge throughout the region, withmany countries failing to consolidateadequate systems for curtailing abuse ofpower. In addition, regulatory agenciesand courts are often inefficient andsubject to undue influence. The regionsbest scores are in the area of order andsecurity, due to relatively low crime ratesand limited outbreaks of violence.

    Albania has significant problems in anumber of rule of law dimensions. Checkson executive power are weak, (rankingseventy-first) and official corruption

    is pervasive (ranking eighty-fourth).Rules and regulations are difficult toenforce, and the judiciary is plagued bycorruption and political interference.Police abuses and harsh conditions atcorrectional facilities are also significantproblems. On the other hand, Albaniaranks first among lower middle-incomecountries in protection of freedom ofspeech, religion, and assembly.

    Belarusoutperforms most of its income-level and regional peers in several ruleof law dimensions, including order

    and security (ranking thirty-thirdglobally), regulatory enforcement(ranking thirty-fifth), and civil andcriminal justice (ranking twenty-sixthand thirty-fourth), respectively. Onthe other hand, the country showssevere deficiencies in governmentaccountability (ranking ninety-first),very weak protection of fundamentalrights (ranking eighty-fourth) and lack

    of governmental openness (rankingeighty-seventh). Major problemsinclude lack of independence of the

    judiciary and the legislature, severerestrictions on freedom of opinion andexpression, privacy, and association, and

    limitations on citizens right to petitionthe government and to access officialinformation.

    Bosnia and Herzegovina ranks secondamong upper middle income countriesin delivering effective criminal justice.The country ranks seventh among itsincome group in protecting fundamentalrights and providing order and security.The countrys weakest performance isin the dimension of civil justice (rankingtwentieth among upper middle incomecountries and sixty-fourth overall), mainly

    due to severe delays and ineffectiveenforcement mechanisms. Other areasof concern are official corruption,particularly among the executive and thelegislature, lack of effective sanctions forofficial misconduct, and discriminationagainst ethnic minorities.

    PARTII:THERULEOFLAW

    AROUNDTHEWORLD|EASTERNEUROPE&CENTRALASIA

  • 8/13/2019 WJP Index Report 2012

    41/246

  • 8/13/2019 WJP Index Report 2012

    42/246

    Middle tercile

    Bottom tercile

    Not indexed

    Factor 6: Effective Regulatory Enforcement

    Top tercile

    Modern societies use public enforcementof government regulations to ensure thatthe public interest is not subordinated tothe private interests of regulated entities.Around the world, regulations vary widelydue to differences in policies, institutionalenvironments, and political choices. Whateverthose choices may be, regulations are futile ithey are not properly enforced by authorities.Ensuring compliance with regulationsis thus a key eature o the rule o law.E ective regulatory en orcement depends,in turn, on accounta i ity, in epen ence,an transparency to ensure t at regu atoryinstitutions act within the limits authorizedby law.

    The WJP Rule o Law Index addressesregulatory en orcement in Factor 6. Thisactor assesses the e ectiveness o regulatory

    en orcement in practice; the absence oimproper in luence by public o icials orprivate interests; a erence to ue process inadministrative procedures; and the absence ogovernment expropriation o private propertywithout adequate compensation. Rather than

    analyzing specific statutes, the Index usessimple scenarios to explore the outcomesassociated with activities that are regulatedin all jurisdictions, such as environmentalstandards, public health, workplaceconditions, and permits and licenses.

    Regulatory effectiveness varies greatly acrosscountries (see Figure 5). On a scale between0 and 1, where 1 signi ies higher adherenceto the rule o law, the index o regulatoryen orcement has an average value o 0.72 in

    ig -income countries, 0.51 in upper mi eincome countries, 0.45 in ower-mi e incomecountries, and 0.40 in low-income countries.In general, as economies develop, they indmore e ective ways to implement existingregu ations wit in t e imits impose y aw,

    ut t is is not a ways t e case. As countriesengage in regulatory re orms, special e ortsshould be made to improve the mechanismsthat are used to guarantee that such laws areimplemented and en orced in an e icient,e ective, and accountable manner.

    Box 8 : Regulatory compliance around the world

    Figure 5: Regulatory enforcement around the worldountries grouped in terciles according to their actor 6 score

    PARTII:THERULEOFLAW

    AROUNDTHEWORLD|EASTERNEUROPE&CENTRALASIA

  • 8/13/2019 WJP Index Report 2012

    43/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    44/246

    PARTII:THERULEOFLAW

    AROUNDTHEWORLD|EASTERNEUROPE&CENTRALASIA

  • 8/13/2019 WJP Index Report 2012

    45/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    46/246

    EgyptIranJordanLebanonMorocco

    TunisiaUnited Arab Emirate

    COUNTRIES

    CRIMINAL JUSTICE

    FUNDAMENTAL RIGHTS

    OPEN GOVERNMENT

    AVERAGE RANKINGS FOR:

    MIDDLE EAST & NORTH AFRICA

    LIMITED GOVERNMENT POWERS

    ABSENCE OF CORRUPTION

    ORDER AND SECURITY

    CIVIL JUSTICE

    REGULATORY ENFORCEMENT

    Middle East &North AfricaThe WJP Rule of Law Index 2012-2013report covers seven countries in theMiddle East and North Africa region:Egypt, Iran, Jordan, Lebanon, Morocco,Tunisia, and the United Arab Emirates.Overall, the region receives middling

    scores for most factors, although theArab Spring has put several countrieson the road towards establishinggovernments which are more open andaccountable, and functioning systemsof checks and balances. Compared tothe rest of the world, crime is low. Theregions lowest scores are in the area offundamental rights due to restrictionson freedom of religion and free speech,and discrimination against women andminorities.

    Egypt is in the process of establishing

    a functioning system of checks andbalances (ranked fortieth overall and firstin the region) and an open government(ranking fifty-first overall and second inthe region). Administrative agencies areinefficient, lax in enforcing regulations,and affected by improper influence. Thecivil justice system is slow and subject topolitical pressure. Security is the lowestin the region and people frequentlyresort to violence to resolve grievances.Violations of fundamental rights, mostnotably freedom of religion, privacy,due process, and discrimination against

    women and minorities are also areas ofconcern.

    Irans system of law enforcement isrelatively strong but is often used asan instrument to perpetrate abuses.The country ranks last in the worldon protection of fundamental rights.Government accountability is weak(ranking eighty-fifth globally and last

    within the region), and corruptionpersists. Administrative agenciesare relatively effective in enforcingregulations (ranking forty-first overalland eleventh among upper-middleincome countries), and courts are

    accessible and relatively speedy, butsubject to political interference.

    Jordanis in the top half of the rankingsamong upper-middle income countriesin most dimensions, with relatively highmarks in the areas of security, civil andcriminal justice, absence of corruption,and effective regulatory enforcement.Property rights are also well protected.Protection of fundamental rights is weak(ranking seventy-fifth), particularly withregard to discrimination and labor rights.

    Lebanon ranks first in the region onprotection of fundamental rights (rankedthirty-ninth globally), and has relativelyeffective checks on government power(ranking forty-fourth), including avibrant civil society and a free media.The country ranks poorly on measures

    PARTII:THERULEOFL

    AWAROUNDTHEWORLD|MIDDL

    EEAST&NORTHAFRICA

  • 8/13/2019 WJP Index Report 2012

    47/246

    Box 9 : Value of Indicators

    Indices and indicators are very useful tools. The systematic tracking of infant mortality rates,or instance, has greatly contributed to improving health outcomes around the globe. In a

    similar fashion, the WJP Rule of Law Index monitors the health of a countrys institutionalenvironmentsuch as whether government officials are accountable under the law, andwhether legal institutions protect undamental rights and provide ordinary people access tojustice. By producing independent, comprehensive, and policy-oriented rule of law indicatorsworldwide, the Index aims to be a reliable source of impartial data that can be used to measureand assess a nations adherence to the rule of law in practice, and help identify priorities forre orm. In these ways, the Index can be a power ul tool or mobilizing e orts by policymakersand civil society to strengthen the rule o law.

    One example of the usefulness of the Index in informing policy debates comes from thework o the WJP in Tunisia. In May 2012, the WJP hosted a small, country-level workshop inTunis, which convened more than two dozen well-placed representatives o Tunisias civilsociety, government, media, and business sectors to come together to assess rule of lawchallenges acing Tunisia and develop recommendations or the countrys ongoing re ormprocess in the a termath o the Tunisian revolution. At the meeting, new polling data romthe WJP Rule of Law Index was used to help identify strengths and weaknesses of the rule olaw in Tunisia. Workshop participants discussed the transition in Tunisia in light o the Indexindings and international examples o constitutional transition processes in A ghanistan,

    Spain, Colombia, and South Africa. They developed a set of recommendations and presentedthem to the press and to Tunisian government leaders.

    The outcome of this engagement was a document both produced and owned by Tunisians,which discussed the importance of the rule of law to Tunisias historic transition. This projectexempli ies the value o indices and indicators in in orming policy discussions and thetrans ormative power o multidisciplinary collaboration in strengthening the rule o law.

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    48/246

    PARTII:THERULEOFL

    AWAROUNDTHEWORLD|MIDDL

    EEAST&NORTHAFRICA

  • 8/13/2019 WJP Index Report 2012

    49/246

    LIMITED GOVERNMENT POWERS

    ABSENCE OF CORRUPTION

    ORDER AND SECURITY

    OPEN GOVERNMENT

    REGULATORY ENFORCEMENT

    CIVIL JUSTICE

    AVERAGE RANKINGS FOR:

    LATIN AMERICA & THE CARIBBEAN

    FUNDAMENTAL RIGHTS

    CRIMINAL JUSTICE

    COUNTRIES

    ArgentinaBoliviaBrazilChileColombia

    Dominican RepublicEcuadorEl SalvadorGuatemalaJamaicaMexicoNicaraguaPanamaPeruUruguay

    Venezuela

    Latin America &the CaribbeanLatin America presents a picture of sharpcontrasts. In spite of recent movementstoward openness and political freedomsthat have positioned many countries atthe forefront of protecting basic rightsand civil liberties, the regions public

    institutions remain fragile. Corruptionand a lack of government accountabilityare still prevalent, and the perceptionof impunity remains widespread.Furthermore, public institutions in LatinAmerica are not as efficient as those ofcountries in other regions, and policeforces struggle to provide protectionfrom crime and to punish perpetratorsfor abuses. Crime rates in Latin Americancountries are the highest in the worldand their criminal investigation andadjudication systems rank among theworst.

    Argentina faces challenges inmany dimensions of the rule of law.Government accountability is weak,partly because of the poor performanceof government agencies in investigatingallegations of misconduct, as wellas political interference with lawenforcement agencies and the judiciary.Regulatory agencies are perceivedas ineffective (ranking seventy-fifthglobally and fourth to last in the region)and property rights are weak. Anotherarea of concern is the high incidence of

    crime. In contrast, Argentina performswell on protection of fundamentalrights, including freedom of religion andfreedom of assembly and association.The court system, although slow andnot fully independent, is relativelyaccessible.

    Boliviais one of the weakest performersin the region in many dimensions

    of the rule of law. The country faceschallenges in terms of transparency andaccountability of public institutions,reflecting a climate characterized byimpunity, corruption, and politicalinterference. The judicial system is

    inefficient and affected by corruption.The country performs poorly in theareas of discrimination and respect forfundamental rights, most notablyfreedom of opinion and expression.Property rights are weak, and policeabuses are a significant problem. Boliviasbest performance is in the area of orderand security, where it ranks sixty-thirdglobally, and fourth among its regionalpeers.

    Brazil follows Chile and Uruguay as thethird-best performer in the region and

    has the highest marks overall amongthe BRIC economies. The country hasa good system of checks on executivepower (ranked thirty-fifth), although aperceived culture of impunity amonggovernment officials is a source ofconcern. Fundamental rights aregenerally respected, with Brazil ranking

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    50/246

  • 8/13/2019 WJP Index Report 2012

    51/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    52/246

    Figure 6: Burglary rates in Latin America% of people who have experienced a burglary

    DOMINI

    AN

    PUBLIC

    BOLI

    IA

    A

    AM

    A

    NI

    ARA

    UA

    CHIL

    COLO

    M

    IA

    U

    G

    A

    ARGEN

    INA

    JAMAI

    A

    ELS

    ALV

    A

    O

    M

    XI

    OAZIL

    P

    U

    CADO

    VEN

    ELA

    MI

    LIN

    ME

    UNTR

    I

    G

    ATE

    MALA

    Figure 7: Conviction rates in Latin Americaof perpetrators of burglaries who are captured, prosecuted, and punished

    OMINIC

    AN

    REPU

    LI

    MID

    LEIN

    COMECO

    NRIES

    PANAMA

    NI

    ARA

    UA

    CHILE

    C

    LM

    IA

    UUGUA

    ARGNTINA

    BOLIVIA

    LSA

    LVA

    OR

    MEX

    IC AZIL

    ECUADOR

    VNEZU

    LA

    JA

    AIC

    A

    G

    ATE

    MALA

    Crime rates in Latin America are among thehighest in the world (Figure 6). Although

    there are many different contributingfactors, one of the most important relates todeficiencies in the criminal justice system.A well-functioning criminal justice systemserves to in i it crime y provi ing strongdisincentives to potential lawbreakers. Anineffective and corrupt system, on the otherhand, provides little deterrence to criminal

    e avior.

    With high crime rates prevalent throughoutLatin America, the state o the regionscriminal justice system is a cause forconcern. Criminal investigations in mucho the region are ine ective and criminaladjudications are often unreliable, resultingin low arrest and conviction rates (Figure 7).Systemic corruption among judges and lawenforcement officials (second only to sub-Saharan A rica) adds to the problem. In manycountries, the possibility for offenders to buy

    their way out of punishment renders theentire system toothless. Moreover, in many

    countries, when perpetrators are caughtand imprisoned, they continue to engagein criminal activity from within the prisonsystem. Sub-factor 8.3 measures whether acountrys correctional system is effective inreducing criminal behavior. Latin Americaranks last overall, and contains seven othe 13 weakest performers.

    An ineffective criminal justice systemundermines public confidence and canlead to the adoption o harsh measuresthat violate rights without enhancingpublic safety. Reducing crime rates in LatinAmerica requires, among other things,comprehensive reform of the criminaljustice system that embraces all the actorsin order to build a system that deterscrime and incapacitates offenders whilerespecting human rights.

    Box 10 : Crime rates in Latin America

    PARTII:THERULEOFLAW

    AROUNDTHEWORLD|LATINAM

    ERICA&THECARIBBEAN

  • 8/13/2019 WJP Index Report 2012

    53/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    54/246

    LIMITED GOVERNMENT POWERS

    ABSENCE OF CORRUPTION

    ORDER AND SECURITY

    FUNDAMENTAL RIGHTS

    OPEN GOVERNMENT

    REGULATORY ENFORCEMENT

    CIVIL JUSTICE

    AVERAGE RANKING S FOR:

    SUBSAHARAN AFRICA

    CRIMINAL JUSTICE

    BotswanaBurkina FasoCameroonCte dIvoireEthiopia

    GhanaKenyaLiberiaMadagascarMalawiNigeriaSenegalSierra LeoneSouth AfricaTanzania

    UgandaZambiaZimbabwe

    COUNTRIES

    Sub-SaharanAfricaWhen examined holistically as a region,Sub-Saharan Africa (AFR) lags behindother regions around the world in nearlyall dimensions of the rule of law. Despiteongoing reforms, many countries lackadequate checks on executive authority,

    and government accountability is alsoweak. Many public institutions and courtsthroughout the region are inefficient andvulnerable to undue influence. Crime andvigilante justice also weigh heavily onthe region. Although the regions recordon fundamental rights is mixed, mostcountries do relatively well in protectingthe fundamental freedoms of speech,religion, and assembly. Top performersin the region include Botswana andGhana, which have begun to outperformsome higher income countries in severaldimensions.

    Botswanaranks first in the region in alldimensions of the rule of law but one.There is an effective system of checksand balances, including an independent

    judiciary and a free press. Corruption isminimal and all branches of governmentoperate effectively. Fundamental rightsare generally respected (ranking fifth inthe region), although limitations onthe right to privacy and discriminationagainst immigrants and ethnic minoritiesare areas of concern. Although the civiland criminal justice systems compare

    favorably to other countries in theregion, delays and the poor condition ofcorrectional facilities are areas in needof attention.

    Burkina Faso outperforms most of itsregional and income peers in all but onedimension of the rule of law.As comparedto other countries in the region, thecountry scores well in the areas of

    regulatory enforcement and civil justice,ranking third and fourth in the region,respectively. The country also performsrelatively well in freedom of speech,assembly, and religion, and protectionof fundamental labor rights. The country

    ranks seventy-ninth in governmentaccountability due to the lack of rigorouschecks on the executive and politicalinterference among the differentbranches of government. Although notas pervasive as in other parts of Africa,corruption is commonplace, and crimeand vigilante justice are significantchallenges. The criminal justice systemalso requires attention (ranking sixty-third overall and ninth within theregion), particularly as concerns the lackof due process and harsh conditions incorrectional facilities.

    Cameroon lags behind its regional andincome peers in most categories. Thecountry faces challenges in terms ofaccountability and the functioning ofpublic institutions. Checks and balancesare poor (ranking ninety-fourth overall

    PARTII:THERU

    LEOFLAWAROUNDTHEWORLD

    |SUB-SAHARAN

    AFRICA

  • 8/13/2019 WJP Index Report 2012

    55/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    56/246

    Box 11 : Fundamental Rights

    Upper quartile

    Lower quartile

    Bottom quartile

    Not indexed

    Factor 4: Fundamental Rights

    Top quartile

    Figure 8: Fundamental Rights around the worldCountries groupe in quartiles accor ing to their Factor 4 score.

    In 1948, t e Unite Nations Genera Assem yadopted the Universal Declaration o HumanRights. Its Preamble explicitly recognizes thecentrality o undamental rights to the ruleof law, stating that it is essential, if man isnot to e compe e to ave recourse, as aast resort, to re e ion against tyranny an

    oppression, that human rights should beprotected by the rule of law.

    The WJP Rule o Law Index addresses protectiono undamental rights in Factor 4, measuringhow effectively countries uphold and protecta menu o rights and reedoms that are irmlyesta is e un er internationa aw. T ese

    inc u e: t e rig t to equa treatment an t e

    absence o discrimination, the right to li e andsecurity o the person, due process o law andrights o the accused, reedom o opinion andexpression, reedom o belie and religion, theabsence of arbitrary interference with privacy,reedom o assembly and association, and the

    protection of fundamental labor rights.

    Figure 8 illustrates the wide variations fromregion to region in the extent to whichundamental rights are given e ective

    protection.

    PARTII:THERU

    LEOFLAWAROUNDTHEWORLD

    |SUB-SAHARAN

    AFRICA

  • 8/13/2019 WJP Index Report 2012

    57/246

  • 8/13/2019 WJP Index Report 2012

    58/246

    PARTII:THERU

    LEOFLAWAROUNDTHEWORLD

    |SUB-SAHARAN

    AFRICA

  • 8/13/2019 WJP Index Report 2012

    59/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    60/246

    COUNTRIES

    BangladeshIndiaNepalPakistanSri Lanka

    LIMITED GOVERNMENT POWERS

    ABSENCE OF CORRUPTION

    ORDER AND SECURITY

    FUNDAMENTAL RIGHTS

    OPEN GOVERNMENT

    REGULATORY ENFORCEMENT

    CIVIL JUSTICE

    AVERAGE RANKING S FOR:

    SOUTH ASIA

    CRIMINAL JUSTICE

    South Asia

    Although many countries in the regionhave made efforts to strengthengovernance, South Asia, as a region, isthe weakest performer overall in mostdimensions of the rule of law. Thesecountries are characterized by high levels

    of corruption and a lack of governmentaccountability. Administrative agenciesare inefficient and civil courts are slow.Civil conflict and insecurity are majorthreats to stability and progress. Theregion has relatively low crime rates.Criminal justice systems, although notwithout problems, perform slightlybetter than those in other regions of theworld.

    Bangladeshscores poorly in governmentaccountability (ranking eighty-thirdglobally and twelfth among low-income

    countries), and administrative agenciesand courts are extremely inefficientand corrupt. The country faces seriouschallenges in the dimension of civil

    justice, in which it ranks last in the world,mainly because of the lengthy durationof cases and judicial corruption. Humanrights violations and police abuses arealso a significant problem. Bangladeshsbest performance is in the area of orderand security, where it ranks seventy-second globally and ninth among low-income countries. The country has lowercrime rates than many countries with

    higher levels of economic development,although mob justice is a persistentproblem.

    India has a robust system of checksand balances (ranked thirty-seventhworldwide and second among lowermiddle income countries), an independent

    judiciary, strong protections for freedomof speech, and a relatively open

    government (ranking fiftieth globallyand fourth among lower-middle incomecountries). Administrative agenciesdo not perform well (ranking seventy-ninth), and the civil court system rankspoorly (ranking seventy-eighth), mainly

    because of deficiencies in the areas ofcourt congestion, enforcement, anddelays in processing cases. Corruptionis a significant problem (ranking eighty-third), and police discrimination andabuses are not unusual. Order andsecurity including crime, civil conflict,and political violence is a seriousconcern (ranked second lowest in theworld).

    Nepal outperforms its regional peersand most other low income countries inseveral dimensions of the rule of law.The

    countrys best scores are in the areas ofcriminal justice (ranking first amonglow income countries and second inthe region), protection of fundamentalrights (ranking third among low incomecountries and second in the region),and absence of crime. Rule of law areasof particular concern in the co u n tr y

    PARTII:THERULEOFLAWAROUNDTHEWORLD|SOUTHASIA

  • 8/13/2019 WJP Index Report 2012

    61/246

    |

    TheWJPRuleofLawIndex

  • 8/13/2019 WJP Index Report 2012

    62/246

    Country Profiles |

  • 8/13/2019 WJP Index Report 2012

    63/246

    HOW TO READ THECOUNTRY PROFILES

    1 Section 1Scores for theRule of Law Factors

    2 Section 2Disaggregated Scores

    Country Profiles

    |

    THEWJPR

    ULEOFLAWI

    NDEX

  • 8/13/2019 WJP Index Report 2012

    64/246

    Hi hest ossible score 1.00

    A sub-factoris representedby a radius from thecenter o the circle to theperiphery

    Lowest ossible score 0.00

    Purple Line:Featured Country

    Green Line:Re ional Peers

    Orange Line: IIncome-level Peers

    HOW TO READ THE COUNTRY PROFILES

    2 Section 2

    1 Section 1

    COUNTRYPROFILES|

  • 8/13/2019 WJP Index Report 2012

    65/246

    1. WJP Rule of Law Index

    53% Urban19% in threelargest cities

    3m (2012)Population

    Lower middleIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Eastern Europeentra Asia

    Region

    ALBANIA

    Key Lower middle income Eastern Europe & Central AsiaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Albania

    Tirana, Durres, Elbasan

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    |

    THEWJPR

    ULEOFLAWI

    NDEX

  • 8/13/2019 WJP Index Report 2012

    66/246

  • 8/13/2019 WJP Index Report 2012

    67/246

  • 8/13/2019 WJP Index Report 2012

    68/246

    1. WJP Rule of Law Index

    8% Urban27% in threelargest cities

    8m (2012)Population

    HighIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Nort America

    Region

    AUSTRIA

    Key High income estern Europe & North AmericaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Austria

    Vienna, Graz, Linz

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    COUNTRYPROFILES|AUSTRIA

  • 8/13/2019 WJP Index Report 2012

    69/246

    1. WJP Rule of Law Index

    28% Urban7% in threelargest cities

    161m (2012)Population

    LowIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    South Asia

    Region

    BANGLADESH

    Key ow income outh AsiaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Bangladesh

    Dhaka, Chittagong, Khulna

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    |

    THEWJPR

    ULEOFLAWI

    NDEX

  • 8/13/2019 WJP Index Report 2012

    70/246

    1. WJP Rule of Law Index

    75% Urban28% in threelargest cities

    9m (2012)Population

    pper middleIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Eastern Europeentra Asia

    Region

    BELARUS

    Key Upper middle income Eastern Europe & Central AsiaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Belarus

    Minsk, Gomel, Mogilev

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    COUNTRYPROFILES|BELARUS

  • 8/13/2019 WJP Index Report 2012

    71/246

    1. WJP Rule of Law Index

    97% Urban18% in threelargest cities

    10m (2012)Population

    HighIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Nort America

    Region

    BELGIUM

    Key High income estern Europe & North AmericaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Belgium

    Brussels, Antwerp, Gent

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    |

    THEWJPR

    ULEOFLAWI

    NDEX

  • 8/13/2019 WJP Index Report 2012

    72/246

    1. WJP Rule of Law Index

    67% Urban49% in threelargest cities

    10m (2012)Population

    Lower middleIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Latin Americaari ean

    Region

    BOLIVIA

    Key Lower middle income Latin America & CaribbeanTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Bolivia

    La Paz, Santa Cruz, Cochabamba

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    COUNT

    RYPROFILES|BOLIVIA

  • 8/13/2019 WJP Index Report 2012

    73/246

    1. WJP Rule of Law Index

    48% Urban14% in threelargest cities

    4m (2012)Population

    pper middleIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Eastern Europeentra Asia

    Region

    BOSNIA AND HERZEGOVINA

    Key Upper middle income Eastern Europe & Central AsiaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Bosnia and Herzegovina

    Sarajevo, Banja Luka, Tuzla

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    |

    THEWJPR

    ULEOFLAWI

    NDEX

  • 8/13/2019 WJP Index Report 2012

    74/246

    1. WJP Rule of Law Index

    49% Urban18% in threelargest cities

    2m (2012)Population

    pper middleIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Sub-SaharanAfrica

    Region

    BOTSWANA

    Key Upper middle income ub-Saharan AfricaTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Botswana

    Gaborone, Francistown, Molepolole

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0

    1.0

    0.5

    2.1 Absence ofcorruption in theexecutive branch

    2.3Absence ocorruption bythe police andthe military

    2.2 Absencecorruption

    in the judicialbranch

    1.7Transition of power subject to the law

    1.6Government powersare subject to non-governmental checks

    1.5Governmentcials

    anctioned ormiscon uct

    1.4Independentuditing and

    review

    1.3 overnment powerslimite by the ju iciary

    1.2 Government powers limite by legislature

    0.0

    1.0

    0.5

    2.4 Absence ocorruption in thelegislative branch

    7.1People have access to affordable civil justice

    0.5

    1.0

    0.0

    0.5

    COUNTRY

    PROFILES|BOTSWANA

  • 8/13/2019 WJP Index Report 2012

    75/246

    1. WJP Rule of Law Index

    87% Urban19% in threelargest cities

    199m (2012)Population

    pper middleIncome

    2. Scores for all WJP Rule of Law Index sub-factorsIn each graph, a sub- actor is represented by a radius rom the center o the circle to the periphery. The center o each circle corresponds to the lowest possiblescore for each sub-factor (0.00); the outer edge of the circle marks the highest possible score (1.00).

    WJP RULE OF LAW INDEX FACTORS SCOREGLOBAL

    RANKINGREGIONALRANKING

    INCOME GROUPRANKING

    Factor 1: Limited Government Powers

    Factor 2: Absence of Corruption

    Factor 3: Order and Security Factor 4: Fundamental Rights

    Factor 5: Open Government

    Factor 6: Regulatory Enforcement

    Factor 7: Civil Justice

    Factor 8: Criminal Justice

    Latin Americaari ean

    Region

    BRAZIL

    Key Upper middle income Latin America & CaribbeanTop Score

    Accountable Government

    Open Government and RegulatoryEnforcement

    Delivery of Justice

    Brazil

    So Paulo, Rio de Janeiro, Belo Horizonte

    5.1 Laws are publicize

    5.2 The laws are stable

    5.3 Rightto petitionand publicparticipation

    5.4 cialinformation isavailable

    6.1 overnmentregulations effectivelyenforced

    6.2 Government regulationsapplied without improperin uence

    6.3Administrativeproceedingsconductedwithoutunreasonable

    elay

    6.4Dueprocess indministrative

    proceedings

    6.5The governmentoes not expropriate

    without a equatecompensation

    0.0

    1.0

    0.5

    8.4 Criminalsystemis free odiscrimination

    7.2 Civil justice is ree oiscrimination

    7.3Civil justice is free ocorruption

    7.4Civil justice isree o improperovernment

    in uence

    7.5Civil justiceis not subject tounreasonable delays

    7.6 Civil justice isectively en orced

    7.7ADRs are accessible,impartial, and e ective

    8.1Criminal investigation system is e ctive

    8.2Criminal adjudicationsystem is timely an

    ective

    8.3Correctionalystem is e ctive

    8.6 Criminal systemis free of impropergovernmentinfluence

    8.5 Criminalystem is free

    o corruption

    8.7 Due process of law

    4.4Freedom of opinion and expression

    4.6Arbitraryinterference oprivacy

    4.5 Freedom o belie andreligion

    4.3 Due process o law

    4.2 Right to li eand security othe person

    4.1 Equaltreatment anabsence odiscrimination

    3.3Peopleo not resort

    to violenceto redresspersonalgrievances

    3.2Civil conflict isectively limite

    3.1 Absence o crime

    4.7 Freedom o assemblyand association

    4.8Fundamental labor rights

    Security and Fundamental Rights

    0.0