Development or Rule of Law?

“Nobody can rule against LAW, so just by saying rule of law means that you have nothing else to offer” (edu)

Ever since I entered the front line of reform and politics in the Maldives, I have been talking about the necessity of practicing the rule of law. I talked about it in the first “Minivan Bahus” way back in 2004 (it seems like centuries ago now!) and I spoke about it extensively in the last Presidential Elections. I visited every single populated island north of Male’, and some in the south as well, and spoke about it in every single one of those islands.

I have been criticized for getting “too hung up” on this issue. I have been ridiculed for preaching the rule of law “too much”. I have been accused of being an idiot because “the highest priority in the Maldives right now is Development” and I am not talking about that. The last comment on my last Post (Post Election) says it clearly, and that has prompted me to write this Post. I decided to dedicate a separate Post in reply to that comment because I believe that it warrants serious consideration.

In various discussions I had with different people and in debates in Parliament when I was there, and increasingly the stated rhetoric of the current government makes it clear that for some people, there is a certain dichotomy in the two, i.e Rule of Law vis-à-vis Development. Some see the two as two very separate and parallel concepts, while others view one as the anti-thesis of the other. I tend to view the two with a lot of overlap, if not almost synonymous. I certainly believe that Development cannot be achieved without the Rule of Law.

Most of those who believe in this dichotomy do so without analyzing the inextricable links between the two. They see the Rule of Law, or rather should I say the Law itself, in its entirety, as dealing with crime, human rights, social regulation and elections. Of course, if this narrow view of the Law and its application held water, then their view is correct. But unfortunately it doesn’t.

I could expound on the virtues of the Law and the Rule of Law at length, but not here. Let me focus instead, on my main argument, the Rule of Law – Development nexus.

Development is dependent on the growth of commerce and productivity. Commerce and productivity is dependent on willing labour and capital investment. Investors do not invest in environments where there is no certainty of protection for their investments. There are two ways to protect investments. One is to get the protection of powerful individuals and the other is to get the protection of the law. Labour is only willing in an environment where their rights are protected and there is certainty about award wages and remuneration. This can only be guaranteed either through the protection accorded by powerful individuals or through the protection by the law.

If the investors and the labour both seek protection from the same powerful individual, what happens when there is a conflict between the investor and the labour? Would investors want to risk millions of dollars of their money, depending on the good will of an individual?

The solution to these problems lie in the second alternative : both parties should seek the protection of the law. The Rule of Law must prevail for industry to thrive. Industry does not thrive except in a competitive free market. Competitors do not have the room to play in the absence of the rule of law, because if two competitors depended on two powerful individuals for protection, there will not be room for two. The more powerful of the two powerful individuals will eventually triumph and only one will survive.

When I say the Rule of Law here, I am talking about basic things such as : equal opportunity for all, the certainty that certain things will happen in certain ways and that goals can’t be shifted after the ball is struck , that there will be justice delivered without fear or favour in the case of disputes.

Just a week ago, I spoke to a friend of mine from overseas. She spoke about the opportunities for investment in the Maldives, but she was hesitant to engage in investment because she was not convinced that there was a sound enough legal framework and a good enough justice system for her to take that risk. One of the first things that serious investors do when planning an investment is to look at the provisions in the law, and the application of it in the courts. I am certain that if the legal framework in this country is strengthened, and institutions dealing with upholding the law are also strengthened, this will boost the confidence of potential investors…..and ultimately lead to development.

What are the prospects in this regard? Hard to say. I hope the new Majlis, and the Courts with newly gained independence will work towards guaranteeing this important framework. However, the key players in the game are consumed with power consolidation and power grabbing contributing towards deteriorating the strength of the law. I was apalled just last night, at a forum I attended, to hear prominent lawyers, the government spokesman and MPs urging the Prosecutor General to disregard the law for political expediency, of course, in the name of Maslaha. An indication of what is to come?

Following the law is not an easy thing. It does impede the speed of some activities. It even can have unfair consequences at times. But follow it we must. If a particular law is having undesirable consequences through its application, then we must change the law quickly. But until it is changed, it must be followed to the letter, because if not, the whole legal system can be made a mockery at the whim and fancy of various individuals for various purposes. That is why we wrote into the Constitution, in black and white, requirements for the President, the Attorney General, Judges and Independent Commissions to the follow the Constitution and the Law only, at all times.

Therefore, I believe that a system where the Law rules supreme is a pre-condition for proper development, with equitable outcomes, to take place.

My obsession with the Rule of Law stems from my desire for Development and Justice for the people of my country.