Seeking the Rule of Law in Afghanistan

U.S. efforts to promote the rule of law in Afghanistan are expanding and accelerating. Nearly a billion dollars has been spent in the past decade to strengthen Afghanistan’s legal infrastructure, rising from $7 million in FY2002 to an estimated $411 million in FY2010. In July 2010, a new Ambassador-rank position was created to focus on justice-related issues in the country. Yet the effectiveness and even the feasibility of these efforts to establish the rule of law are in doubt.

A new report (pdf) from the Congressional Research Service provides a detailed overview of the U.S. approach to rule of law (ROL) issues in Afghanistan. It describes the numerous and diverse initiatives that have been undertaken, the political, cultural and institutional obstacles that confront them, and their uncertain results.

The rule of law in this context simply means the stable, predictable, and fair application of public legal standards. It is considered essential to the establishment of a legitimate and effective government. “Without ROL the country cannot progress no matter what contributions are made by outsiders,” according to a 2008 State Department Inspector General report.

But progress towards a state of rule of law in Afghanistan is stymied both by the general instability in the country and by the pervasive corruption that prevails. “As many as one out of every two Afghans experienced bribery in the past year,” the CRS noted, based on UN data, “resulting in an estimated $2.5 billion in bribe payments in 2009 alone.” The average bribe was said to be around $160, and those who paid bribes did so three to five times per year.

more