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The Rule of Law: A Cornerstone for the Journey to Self-Reliance

David Dettman

The Rule of Law: A Cornerstone for the Journey to Self-Reliance
Caroline Purser via Getty Images

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A favorite preoccupation of the United States (US) international development community since the election of President Donald Trump as the 47th US President has been to try and guess what impact his second term will have on American foreign assistance. While it’s hard to say with certainty, it is instructive to examine some priorities of the first Trump Administration to get a sense of what might guide future efforts. 

For example, the US Agency for International Development (USAID) focused on an initiative called the Journey to Self-Reliance during the first Trump term. This strategic orientation was launched in 2018 with the laudable goal of aligning USAID “strategies, partnership models, and program practices to achieve greater development outcomes and work toward a time when foreign assistance is no longer necessary.” 

It emphasized strengthening country capacity and commitment in areas such as governance, economic growth, and social services aiming to reduce long-term reliance on foreign aid. The initiative introduced metrics to assess a country’s progress and tailored USAID’s engagement based on specific needs to foster “partnerships rather than dependencies.” This approach reflected the first Trump Administration’s broader focus on efficient use of reduced resources and foreign aid aligned with US strategic interests.

The countries where the American Bar Association Rule of Law Initiative (ABA ROLI) operates face a blend of challenges and opportunities in their journeys toward self-reliance, with the rule of law serving as a critical determinant of success. In many countries, the legacy of political instability, conflict, and centralized power has eroded trust in institutions and hindered the establishment of consistent legal frameworks. The ABA’s partnerships in these countries have illuminated the progress that governments, civil society, and international partners are making to strengthen governance, transparency, and access to justice. These efforts aim to create an environment where individuals, communities, and businesses can thrive independently and equitably.

The ABA defines the rule of law as a set of principles, or ideals, for ensuring an orderly and just society, where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all. The rule of law safeguards fundamental rights, enforces contracts, resolves disputes, and limits the arbitrary use of power. It provides the structure within which individuals and institutions can act confidently, knowing that their rights and responsibilities are protected.

As referenced above, central obstacles to self-reliance, in the countries where ABA ROLI works, include the prevalence of corruption and the uneven application of laws. This is particularly true for the Middle East and North Africa (MENA) region, which includes the ABA’s rule of law programs that I oversee. For many, the lack of accountability and the perception that laws don’t always serve the public good undermines confidence in state institutions. For example, Transparency International’s 2023 Corruption Perceptions Index highlights pervasive corruption in the MENA region, which scores poorly on governance indicators.

This has profound economic and social implications, discouraging investment, limiting entrepreneurial opportunities and exacerbating social divides. Reforming legal systems to ensure impartiality, transparency, and inclusivity is essential for fostering trust and empowering citizens to take an active role in shaping their own futures.

Despite these challenges, promising developments are emerging in parts of the Middle East and North Africa region. Grassroots movements advocating justice and accountability are gaining traction, and some governments are adopting reforms to enhance the independence of the judiciary and combat corruption. Initiatives promoting property rights, women’s legal rights, alternatives to incarceration, transitional justice, and fair dispute resolution are particularly impactful in fostering self-reliance at the individual and community levels. 

By prioritizing the rule of law, nations around the world unlock their people’s potential, attract investment, and build resilient societies that are better equipped to navigate the complexities of modern global challenges. The rule of law is not merely a guiding principle, but rather a critical foundation for self-reliance. Without the predictability, fairness, and accountability provided by a robust legal framework, self-reliance becomes an uphill battle against uncertainty, inequity, and instability.

Self-reliance starts with individuals and communities being able to exercise their rights freely and without fear. Whether it’s property rights that allow entrepreneurs to build businesses or freedom of speech that enables communities to advocate for their needs, the rule of law provides the security that people need to flourish. In addition, the rule of law encourages stability and predictability that are key to attracting investment. When laws are clear, enforcement is fair; corruption is minimized; and businesses are more willing to take risks, innovate, and expand. This fosters economic growth, job creation, and ultimately, the independence of communities and nations.

The journey to self-reliance is a multifaceted endeavor, but the rule of law is a universal prerequisite. It creates the conditions necessary for people to take ownership of their futures, unlock their potential, and build societies that are fair, stable, and prosperous. By strengthening the rule of law, we lay the groundwork for a world where self-reliance is not just an aspiration but an achievable reality for all.

Disclaimer: The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.

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