7.9 Necessary Condition: Culture of Lawfulness
 
7.9.1 What is a culture of lawfulness? Why is it a necessary condition?
A culture of lawfulness means that the population in general follows the law and has a desire to access the justice system to address their grievances.325 It does not require that every single individual in that society believe in the feasibility or even the desirability of the rule of law but that the average person believes that formal laws are a fundamental part of justice or can be used to attain justice and that the justice system can enhance his or her life and society in general.326 Without a culture of lawfulness, the population will have no desire to access the system and may resort to violence to resolve grievances. For the rule of law to be fully realized, the population needs to follow the law and support its application voluntarily rather than through coercion.
 
7.9.2 Guidance for Promoting a Culture of Lawfulness
 
7.9.3 Approach: Participation and Communication
Participation and communication can help build the foundations for a culture of lawfulness, which may not exist in a society emerging from conflict. Participation means that the population feels they are a part of the process and can use the law to improve their lives. Communication means that an open dialogue exists between the rule of law community and the population in general and that the public has the means to obtain information from the government.
 
7.9.4 Support legal empowerment of marginalized communities.327 Legal empowerment refers to “the use of legal services and related development activities to increase disadvantaged populations’ control over their lives.” Legal empowerment aims to prevent the poor from being excluded from legally recognized systems, particularly concerning property and labor rights.328 This involves development that is community-driven and rights-based and is seen as an alternative to more conventional rule of law programs. Specific mechanisms for legal empowerment can include legal services that reduce poverty, promote the rights of marginalized populations, and connect these populations to the rule of law system. Focus on civil society initiatives that strengthen legal capacities and power of marginalized populations, but also engage the government wherever possible.
 
7.9.5 Promote public participation. In many societies emerging from conflict, the population may be afraid to speak out and voice their opinions.329 They may have little experience with participation. The international community should promote participation in rule of law reforms. When the population starts to feel part of the process, they connect to their society, thus strengthening social cohesion and their investment in promoting the rule of law, and they begin to trust in their government and the justice system,330 both of which are essential for planting the seeds of a culture of lawfulness and respect for the rule of law.
 
7.9.6 Promote communication between the justice system and the population. In societies emerging from conflict, a lack of mutual understanding and trust commonly exists between the population and the justice system. The international community should support efforts to open the lines of communication to help enhance mutual trust and understanding through dialogue between the public and the justice system. Dialogue can be convened around key issues affecting both the population and the justice system or through permanent communication structures such as local community-police fora. These dialogue sessions can also provide a forum for justice actors and the population to put forward joint proposals for rule of law reforms. Another way to foster communication and understanding is to establish more permanent communication structures such as local community policing boards in which the police meet with the population on a regular basis to discuss issues of concern to both sides.
 
7.9.7 Ensure transparency.331 For the media or civil society to be able to report on government conduct, there needs to be transparency in government operations that affords the population access to budget information and other government documents. Laws and procedures that provide for transparency (e.g., public budgets, freedom of information legislation) should be put in place to help the media or civil society report on government conduct.
 
7.9.8 Approach: Education and Culture
Building a culture of lawfulness involves civic- and school-based education, centers of moral authority, and mass media and popular culture. Strive to affect the way citizens understand, use, and value the law rather than just building institutions and structures in the society.332 These activities work to improve community-justice system relations and build knowledge, trust, and respect for the law and the justice system.
 
7.9.9 Support school-based education.333 By including rule of law curriculum as part of school education for children, a strong culture of lawfulness message is sent not only to students but to the families and the community. School education programs should help young people understand how the rule of law improves quality of life and why they should follow the law, as well as develop knowledge of the justice system and skills for preventing crime.
 
7.9.10 Involve centers of moral authority.334 Centers of moral authority might be faith-based institutions and leaders of religious movements, artists, writers, teachers, or locally well-known courageous figures. These individuals or groups can support a culture of lawfulness through their statements, teachings, and pastoral messages. For example, they may send messages to the population about the need to embrace the rule of law and about their roles and responsibilities. They may also mobilize the community against crime and openly condemn it.
 
7.9.11 Engage the mass media and popular culture.335 The mass media and popular culture are powerful institutions in many countries. They can send strong messages that support a culture of lawfulness and the rule of law. The media can also expose crime and corruption and provide a forum for the population to express their views on the rule of law by covering related issues or topics and by providing a forum for national discussion. Popular culture, through films, popular songs, television, advertising, and art can all convey positive rule of law messages. The role of media outlets is discussed further in Section 8.8.10.
 
7.9.12 Work with law enforcement agencies.336 Law enforcement agencies are at the front lines and are the first point of contact of the justice system with the population. Law enforcement officials should send a message that rule of law matters, that corruption will not be rewarded, and that officers are expected to ensure responsive, service-oriented policing. Accountability mechanisms also support a culture of lawfulness. Education of law enforcement officials is necessary, as are performance reviews that take into account how the official has upheld the rule of law.337 Community policing is addressed in Section 6.7.23.