Assessments and reports by multiple local and international organisations suggest that Bangladesh has undergone a steady decline in the rule of law over the past decade. Several factors are to blame - the concentration of power in one political party, the gradual weakening of democratic institutions, suppression of dissenting voices, lack of accountability, and corruption. Bangladesh’s rank and score in the World Justice Project (‘WJP’) Rule of Law Index has consistently fallen since 2015, which clearly indicates this troubling trend. Bangladesh was ranked 93rd in 2015, but by 2024, it dropped to 127th.
This table provides an overview of Bangladesh’s ranking in the WJP Rule of Law Index for each year from 2015 to 2024.
This deliberate and gradual undermining of the rule of law has exacerbated several long-standing issues, adversely affecting both the state of peace and access to justice in Bangladesh. Similar to the WJP Rule of Law Index, the deterioration of peace is also evident from the country’s generally declining ranking in the Global Peace Index since 2015.
In this Index, Bangladesh ranked 84th in 2015, but had fallen to the 93rd position by 2024.
This table provides an overview of Bangladesh’s ranking for each year from 2015 to 2024 in the Global Peace Index:
Prioritising rule of law is crucial at this time
Access to justice has suffered in Bangladesh because the weakened rule of law has resulted in citizens distancing themselves from judicial institutions. Those who have brought their grievances to these institutions have only rarely received justice. To put things into perspective, the final disposal of some cases takes up to ten to twenty years and sometimes even up to sixty years. Our courts now face a significant backlog of cases totalling at least 4.3 million. This means that there is only one judge for every 94,444 people. The national backlog of cases is growing by about 200,000 each year.
However, policy and law-making efforts in Bangladesh appear to prioritise economic development, often treating the concepts of rule of law, peace, and justice as mere afterthoughts. This is reflected in the exclusion of these vital terms within the 39+1 National Priority Indicators, which were supposedly designed to “ensure the achievement of SDGs in Bangladesh by leaving no one behind in the shortest possible time.”
The consequences of this secondary treatment are evident in Bangladesh’s performance in the SDG Index. In the 2024 Global SDG Index, Bangladesh ranks 107th, a decline from 101st in 2023. Notably, in the 2024 edition of this index, SDG 16 (promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels) is the only goal where Bangladesh’s progress is reported as “decreasing.” (See below)
Weak rule of law, peace, and justice impede economic development. Countries that adhere to the rule of law see higher GDP growth rates. A weak rule of law also discourages foreign investment, creating uncertainty around contracts, corruption, and protection measures. Political instability results in volatile markets, currency crises, and soaring interest rates.
The key takeaway for Bangladesh from its past experiences should be that it can no longer sideline the concepts of rule of law, peace, and justice if it hopes to realise the dream of a future where justice and fairness are not just ideals but lived realities for everyone within its territory, regardless of gender, ethnicity, or social standing. These principles should be central to its law and policy-making efforts, even when pursued to facilitate economic growth.
To this end, specific, measurable, achievable, relevant, and time-bound steps must be taken immediately to eliminate the factors undermining the country’s rule of law, peace, and justice.
But what measures can be taken?
Potential measures to strengthen rule of law in Bangladesh
First, many Bangladeshi laws and policies are outdated and/or flawed. They need to be scrapped or amended.
Second, accountability at individual and institutional levels must be ensured by adequately implementing laws and policies.
Third, key institutions must be equipped with adequate manpower and infrastructure. Institutions that cannot function due to structural deficiencies must be reformed.
Fourth, institutions can be regularly evaluated using evidence-based methods to identify and address emerging challenges hampering their effectiveness.
Furthermore, greater emphasis must be placed on raising awareness about laws and policies among all citizens, especially those from marginalised and disadvantaged communities.
Moreover, political interference has historically undermined the effectiveness of many key institutions in the country. Thus, adequate safeguards must be implemented to prevent future governments from exercising excessive control over these institutions.
Finally, more opportunities for collaboration and coordination between state and non-state actors should be created to facilitate the mutual sharing of knowledge, skills, and other necessary resources.