This IRIN report on the lack of enforcement of laws that are on the books serves as a pretty good reminder that the rule of law is contingent upon both the existence of the laws but also the will and the infrastructure to enforce that law. One of the ironies of Apartheid-era South Africa is that it was not a lawless country per se — if anything, it used its legal infrastructure to hold external criticism at bay and occasionally system worked to protect the opposition over the objections of the government. But it was also a country of laws that were very explicit in constructing an edifice for white supremacy. Thus not developing not only the laws themselves, but the mechanisms to determine what the laws represent and whose interests they protect is vital. In the case of Mali and other countries the existence of the laws shows good intent. But the existence of laws is not as important as its enforcement and establishing valid court systems that are respected and invested with authority and that can protect rights and not just enforce the laws. Ultimately, countries need to be committed to establishing a culture of rule of law, and not just the rule of law on paper.
