The Problem

According to the Democracy Report 2024, “Democracy Winning and Losing at the Ballot,” the level of democracy worldwide in 2023 has declined to 1985 levels. This crisis of democracy is mirrored by a global rule of law recession, with 83 countries experiencing a weakening of the rule of law between 2022 and 2023 alone. The erosion of democracy and the decline of the rule of law are closely linked, though often overlooked. Fundamental tenets of the rule of law such as access to justice, equal protection under the law, and respect for due process are core aspects of any democracy. The rule of law is both a product and a foundation of democracy.

Worldwide, democracy is under siege, reflected in dysfunctional criminal justice systems. These systems are marked by the selective application of the law, the disproportionate targeting of racial, ethnic, religious, and sexual minorities, as well as discriminatory laws that oppress women and entrap the poor in cycles of poverty. When the cost of justice is too high for the average citizen, fairness and equality become illusory, and democracy itself becomes a fallacy.

Democracy and the rule of law are inherently intertwined, with the health of one often indicative of the strength of the other. IBJ has witnessed firsthand the detrimental impact of democratic backsliding on the rule of law within a country, and how the breakdown of democratic norms often coincides with the erosion of legal safeguards. As authoritarian regimes gain power, they exploit dysfunctional criminal justice systems to suppress pro-democracy voices and restrict fundamental rights. A hallmark of autocratic governments is their use of the justice system as a weapon to stifle dissent, often disregarding due process and fair trial standards. This undermines democratic norms, reducing citizens’ ability to freely participate in civic life and threatening the foundation of democracy itself.

IBJ’s Solutions

IBJ is dedicated to democratizing the criminal justice system by ensuring early access to legal representation, applying penal laws without bias, and guaranteeing fair trials for all citizens. Access to justice is essential not only for reinforcing the rule of law, which is fundamental to sustaining democracy, but also as a powerful symbol that no one is above the law. Fairness and equality, achieved through guaranteed access to justice, lie at the very heart of democracy.

We view access to justice as a cornerstone for building and safeguarding democracy worldwide. IBJ stands against the abuse of the criminal justice system as a tool for repression. Our defenders protect democracy by offering legal support to marginalized populations, pro-democracy activists, and dissenters. Through our work, we aim to normalize access to justice for all, creating an environment where democracy can thrive.

Real democracy is won or lost in the everyday application of the rule of law. If fundamental rights are not respected in ordinary situations, they are less likely to be upheld during pivotal moments such as protests, campaigns, or elections. To address this, IBJ works to foster a well-functioning justice system where the rule of law is respected and where rights violations are effectively countered. By building efficient, sustainable justice institutions, we ensure that legal protection is available to all citizens.

IBJ also emphasizes educating legal practitioners to safeguard the rule of law. By equipping lawyers with the knowledge and skills needed to protect citizens’ rights, we contribute to a legal environment that supports civic participation, the exercise of civil liberties, and robust democratic processes. A knowledgeable citizenry, with access to information and the ability to criticize government officials, is essential for a vibrant democracy. Through educational efforts aimed at civil society, IBJ helps create an environment that promotes participation and protects fundamental liberties such as freedom of speech and assembly, which are key elements for a flourishing democracy.

IBJ’s emphasis on broad collaboration within the criminal justice system strengthens democratic governance. By organizing roundtables that bring together key stakeholders, including prosecutors, defenders, police, judges, and government officials, we facilitate dialogue and consensus-building. This collaborative approach counters increasing polarization and fosters a climate conducive to democratic institutions. Through these discussions, we promote detainees’ rights and work toward more inclusive, fair justice systems.

By actively promoting the rule of law and defending justice, IBJ reinforces the democratic values that are essential for a free and just society. Our commitment strengthens democratic institutions and processes, safeguarding them against autocratic encroachments and ensuring that democracy can thrive

IBJ takes a multi-faceted approach to defend democracy and uphold the rule of law:

Impact & Achievements

1. Defending Pro-Democracy Activists

• In Burundi (2015), IBJ defended over 700 youth protestors detained for advocating electoral reforms, ensuring protection from torture and securing their release. IBJ played a crucial role in safeguarding the rights of citizens who were simply exercising their right to protest. Despite the challenging circumstances, IBJ Burundi defenders successfully located and managed to gain access to the individuals, who were initially held incommunicado by state forces and subjected to torture. Through strategic advocacy and legal intervention, the release of the youth protestors represented a vital shield against injustice and the promotion of the protection of human rights.
• In Myanmar (2021), following the military coup, IBJ supported over 1,100 political detainees and provided legal protection for over 5,700 individuals arrested for pro-democracy activities. As the youth faced widespread arrests and torture for their dissenting voices advocating for a return to democracy, IBJ lawyers stood as defenders, and even in the face of adversity, their dedication and fearlessness marked a crucial stance against injustice, ensuring that the rights of those affected were upheld.
• In Sri Lanka (2019–2022), IBJ distributed over 5,000 copies of its Defender Manual to lawyers, empowering them to represent citizens arrested during youth-led protests against corruption. Especially in the aftermath of the Aragalaya Protests in 2022, the commitment to empowering legal practitioners and defending the democratic principles that form the cornerstone of civil society were more important than ever. Recognizing the pressing need for legal support, and its efficacy, the Bar Association of Sri Lanka sought additional copies of the Defender Manual from IBJ so as to share them with lawyers defending protesters advocating for democratic reforms.

2. Building Inclusive Justice Systems
Globally, IBJ has trained over 43,000 criminal defence lawyers, 14,000 judicial actors, and conducted 1,000+ roundtable discussions. These initiatives have facilitated reforms across 84 governments in three continents, ensuring justice systems that promote equal protection and uphold due process rights for all.

3. Policy Dialogue through Deliberative Roundtables

IBJ’s roundtables embody a collaborative approach inspired by deliberative democratic theory. What distinguishes a deliberative method from a bargaining method is that the deliberative focuses on discussion, a mutual exchange of reasons, and consensus-building, rather than viewing the interaction between different stakeholders as arbitration between conflicting interests. IBJ’s use of national and regional roundtables is characterised by this deliberative democratic theory and the inclusion of local actors.

These gatherings include diverse stakeholders in the criminal justice system such as defenders, prosecutors, police, judges, and civil society leaders, working together to close the gap between laws on paper and their real-world implementation. For example, roundtables in Myanmar brought together legal and civil society actors, fostering innovative strategies to navigate a justice system weaponised against democracy advocates.

IBJ’s collaborative and deliberative approach, exemplified by its use of roundtables, not only enhances the effectiveness of criminal justice reforms but also reaffirms the organisation’s belief in the dignity and humanity of every individual. By bringing together diverse perspectives and fostering inclusive problem-solving, IBJ continues to drive sustainable change, transforming justice systems worldwide and ensuring that the rights of the accused are both protected and upheld.

Alignment with SDGs

Our Call to Action

Our work not only protects marginalised and vulnerable individuals from abuses and injustices within the criminal justice system, but also empowers them to freely participate in civic, social and economic life as equals with the rest of society. We embolden marginalised groups to reclaim their status as rights-holders and support them to live freely, and participate meaningfully, in all aspects of life without fear of discriminatory penal laws, arbitrary arrest, unjustified detention, and state-sanctioned violence. IBJ’s defenders offset the vast power imbalance that would otherwise exist between vulnerable individuals and the seemingly all-powerful state within the criminal justice system.

Democracy cannot thrive without strong, accountable, and inclusive justice institutions. IBJ invites partners to join our mission of strengthening the rule of law worldwide. Your support will enable us to:

• Train and equip more defenders and justice stakeholders.
• Advocate for pro-democracy legal reforms.
• Expand our protective network to safeguard pro-democracy voices.

Together, we can build justice systems that protect the rule of law, empower democratic participation, and uphold human dignity globally.