Legal advocacy protects and promotes land rights When they received an eviction order in 2004, residents of Koh Pich, a lush 68-hectare river island minutes from downtown Phnom Penh, Cambodia had no idea their plight would become a symbol for a larger struggle.
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Office of Democracy and Governance
USAID
1300 Pennsylvania Avenue NW
Washington, DC 20523
Tel: 202-712-1892
Long-term, sustainable economic and social development requires democratic governance rooted in the rule of law. The Rule of Law (ROL) Division provides leadership on rule of law issues to USAID field missions and bureaus, other U.S. Government entities and the broader democracy and governance community. It fosters five essential elements:
Order and security—Rule of law cannot flourish when public order breaks down and citizens fear for their safety.
Legitimacy—Laws are legitimate when they represent societal consensus.
Checks and balances—Rule of law depends on a separation of governmental powers.
Fairness—Fairness consists of four sub-elements: equal application of the law; procedural fairness; protection of human rights and civil liberties; and access to justice. These sub-elements are key to empowering the poor and
disadvantaged, including women.
Effective application—This element pertains to enforcing and applying laws. Without consistent enforcement and application for all citizens and other inhabitants, there can be no rule of law.
Why the Rule of Law is Critical for Democracy The rule of law is the cornerstone for all other elements of democracy. A free and fair political system, protection of human rights, a vibrant civil society, public confidence in the police and the courts and economic development all depend upon accountable governments, fair and accessible application of the law and respect for international human rights standards. In post-conflict settings, reestablishing the rule of law is the first step in the rebuilding process. Establishing peace and security and rebuilding justice institutions can help to develop the necessary climate for reconciliation, public confidence and subsequent economic growth.
Rule of Law Technical Publications:
The DG Office's publications series enables USAID to more effectively reach missions and other audiences with the latest technical knowledge in the field of democracy and governance.