ABSTRACT

In all post-conflict countries the establishment of the rule of law is essential for the promotion of reconstruction and long-term stability. Wars and conflicts weaken the authority of the state, breed insecurity and erode institutions of governance. Development and peacebuilding actors now engage in extensive rule of law projects, based on the belief that promoting the rule of law will contribute to good governance, conflict resolution, protection of human rights, and economic development.1 The rule of law is an essential element of democratic governance. In the twenty-first century, nations of virtually every region of the world recognize the importance that the rule of law plays in their own political and legal systems as critical factors in nation building, the protection of human rights, and good governance.2 But as Carothers has observed, the concept of the rule of law is insufficiently developed at the levels of conception, operation, and evaluation of programming.3 There is uncertainty about what the essence of the rule of law actually is – whether it primarily resides in certain institutional configurations or in more diffuse normative structures. This is particularly important in post-conflict countries. This chapter attempts to elaborate on the essence of the rule of law, and its relevance to good governance and the establishment of a state that is stable and capable of exercising the range of state responsibilities. The chapter focuses specifically on the challenges of promoting the rule of law in postconflict societies in Africa. The concerns for good governance and the rule of law in post-conflict countries in Africa are particularly significant because of the way in which bad governance negatively impacts on Africa’s development process and contributes to the eruption of conflicts. In most countries emerging from conflict in Africa, the absence or the corruption of the rule of law was a contributing factor to the eruption of the conflict. The challenge of supporting democratic governance, establishing accountability and efficiency may be greatest in Africa where often the legacy of conflict is particularly acute. The lack of infrastructure and institutions is often at a basic level and key personnel may have fled or been killed. The chapter examines the various institutions that can contribute to the strengthening of the rule of law.

Viable and functioning institutions are critical to the development and delivery of services in societies. In other words the chapter focuses on what needs to be done to strengthen the rule of law in post-conflict societies in Africa.