Rights & Rules on Kenya's Roads
“Having a new Constitution is all very fine,” one guest at an IDLO event memorably said, “but fixing Nairobi’s traffic may be more important.”
To reform laws is to reform societies. At IDLO, this is something that we have had thirty years to learn. And there are no more important laws than fundamental laws – national Constitutions. One of greatest, the Constitution of the United States of America, has served that nation well for nearly a quarter of a millennium. Constitutions encapsulate a vision. In countries struggling to overcome trauma, as is the case of Kenya; struggling to be reborn, as in Somalia; or struggling to be born at all, as in South Sudan, Constitutions respond to a collective need for unity and renewal.
But Constitutions are also highly technical documents. They set the parameters for law and justice in a given jurisdiction. For this reason, they require legal resources and expertise unavailable in many developing nations. By providing those resources and expertise, IDLO is proud to have assisted several countries through complex constitutional processes.
“Having a new Constitution is all very fine,” one guest at an IDLO event memorably said, “but fixing Nairobi’s traffic may be more important.”
Mali’s crisis of 2012-2013, in which two-thirds of the country was occupied by Tuareg rebels and Islamic extremists, was accompanied by brutal rule in the North and a near-collapse of the state. Many victims have yet to see redress for the abuses they suffered; justice remains elusive.
In an address to IDLO staff in Rome, Albie Sachs, formerly of the Constitutional Court of South Africa, shared memories from a lifetime spent defending freedom – first as an exiled member of the African National Congress (ANC)
IDLO’s first legal course for representatives of civil society organizations (CSO), working to promote the rule of law, improve access to justice and support peace initiatives, has launched in South Sudan this week.
IDLO Somalia Country Director Adam-Shirwa Jama told a Washington roundtable hosted by the United States Institute of Peace that reform of the justice system had begun in Somalia. While it would take time for justice institutions to reach the whole of the country, Mr. Jama said, IDLO was encouraged by the international support given to these nascent institutions.
Following the April 2010 Revolution in the Kyrgyz Republic, an interim government came to power promising to end many of the injustices that had prompted the overthrow of the country’s previous two presidents. Many reforms carried out during the interim period were focused on improving the foundation and application of the rule of law. Despite initial steps made towards progress in this area, the political events of 2010, including ethnic violence, significantly undermined potential progress in the rule of law.
by Christopher Kerkering
Good laws are one thing; implementation is another. Texts and statutes are critical instruments in advancing the rule of law -- but their benefits are limited if those tasked with their application, let alone their intended beneficiaries, fail to understand them. Where a gap develops between the law and what the legal profession makes of it, abuse and injustice will thrive.
As many as 80 lawyers, lecturers and civil society representatives have completed an IDLO-supported, three-month rule of law course in Myanmar -- to find their achievements commended by veteran pro-democracy activist and Nobel laureate Aung san Suu Kyi.
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