From rule of law emerge roaring economies

LAHORE: Rule of law is the most important factor in determining the strength of any economy and Pakistan’s poor economic performance is in line with its low ranking in World Justice Project (WJP) Rule of Law Index 2019.

The economy stagnates or even regresses in a country where governance is constrained, corruption is rampant, fundamental rights are denied, regulatory writ runs thin, and people can’t trust state’s law, justice, and security departments.

Economy progresses when the judicial system is fair and quick in providing justice in both civil and criminal cases and all the above issues are nonexistent.

The performance of Pakistan on all these counts has been very poor. This is not the observation of any individual but is based on an in-depth survey carried out by the World Justice Project survey teams in 126 countries. In the rule of law index 2019 Pakistan is ranked 117 out of 126 economies surveyed.

This index is WJP’s latest report in an annual series measuring rule on law based on the experiences and perceptions of the general public and in-country experts worldwide.

In the regional context as well Pakistan ranks below Nepal, India, Sri Lanka, and Bangladesh and is slightly above Afghanistan. Pakistan’s ‘rule of law’ score on a scale of 0 to 1 (where 0 is worst and 1 is best) is 0.39. Nepal’s score is 0.53 and its rank is 59. Sri Lanka’s rank is 63 with a score of 0.52. India’s score in rule of law is 0.51 and rank is 68. Bangladesh with a score of 0.41 is ranked 112. Only Afghanistan with a score of 0.35 is ranked below Pakistan at 123 out of 126. On constraints in government powers, Pakistan is ranked 74th out of 126 economies, its best score in all parameters discussed. On absence of corruption, the index puts Pakistan at 112. In terms of openness of government it stands at 83rd position.

As far as fundamental rights are concerned it is placed at 114th out of 126. On order and security we are at 124th place among the last three countries in this category.

On regulatory enforcement Pakistan was again sitting very low at 116th out of the total. In civil justice we ranked 118th and in criminal justice 92nd.

According to WPJ, the index is intended for a broad audience that includes policy makers, civil society organizations, academics, citizens, and legal professionals, among others.

The government should use this diagnostic tool to identify the country’s strengths and weaknesses and encourage policy choices that strengthen the rule of law.

Pakistan with a weak economy and poor rule of law is fast moving to qualify as banana republic. The term banana republic describes a politically unstable country with an economy dependent upon the exportation of a limited-resource product.

We are dependent on textile exports that have a share of only 6 percent in the global trade. Improving the parameters that ensure sustained growth does not need foreign aid or foreign assistance.

The planners do not have to reinvent the wheel. All they have to do is ensure rule of law. The government would have to exert its writ and should not kneel down to threats of strikes or political fallout. The corrupt elements would have to be brought to the book. The government should carry out a fair accountability. All laws that deny citizen the fundamental rights should be repealed particularly the National Accountability Bureau (NAB) law that allows the authority to keep an accused in custody for 90 days and before that period expires books him in another case to ensure another 90 days custody.

Economy will never improve if all the businesses including shops, offices, and factories have to arrange their own security.

The state would have to give this confidence to its citizen that they would be safe under the government security. In fact, private securities are a threat to peace and order.

Private security-men openly bully common citizens -something that even real law-enforcers are not legally allowed to. Their actions are no different than rough-cut gangsters.

Last but not the least the poor regulatory institutions are playing havoc with the economy. Poor regulation has placed Pakistan among countries with money laundering and even terror financing risks. The unabated violation of environmental laws that results in reckless polluting of air and fresh/marine water is because of sloppy regulatory regime.

The anti competition attitude is also because of toothless competition commission. Frail regulatory institutions are weakening the economy and fanning anarchy in the society.

The flaws in the criminal and civil justice have been pointed by none other than the Chief justice of Pakistan himself.