Good Governance, Human Rights and Development

1
Good Governance, Human Rights and Development

• Donald Rukare- Center for Human Rights University
  of Pretoria 4th December 2009

2
Contents

• Introduction
• Define Key Concepts
• Nexus between Good Governance, Human Rights and
  Development
• Challenges
• Way Forward
• Conclusion

3
Introduction

• Human Rights and Good Governance essential to
  Development
• Development, Governance and human rights share
  the common tenet of putting people at the center
  of their agenda
• Historically Development and Human Rights treated
  as separate enterprises
• Convergence of Human Rights, Good Governance and
  Development
• Can there be development without protection,
  promotion and respect for Human Rights and Good
  Governance?
• Africa down stream in human rights, good
  governance and developmentrefer to UNDP Human
  Development Report 2006- Low Human Development
  30/31 African States

4
Definition of Human Rights

• Joseph Wronka, defines human rights. as
  statements of human needs
• Human rights are fundamental and inalienable
  rights essential to the human being (Peter
  Malanczuk)
• The Canadian Development Agency (CIDA) states
  that, Human rights derive from the inherent
  dignity of the human person and are fundamental
  to the well-being of the individual and to the
  existence of freedom, justice and peace in the
  world.

5
Governance

• Governance is the process whereby public
  institutions conduct public affairs, manage
  public resources and guarantee the realization of
  human rights. Good governance accomplishes this
  in a manner essentially free of abuse and
  corruption, and with due regard for the rule of
  law.
• The true test of "good" governance is the degree
  to which it delivers on the promise of human
  rights civil, cultural, economic, political and
  social rights. The key question is are the
  institutions of governance effectively
  guaranteeing the right to health, adequate
  housing, sufficient food, quality education, fair
  justice and personal security? OHCRHR

6
What is Development?

• Classical Economist view- qualitative
  improvement of the economic subsystem of society
  that is concerned with the production consumption
  distribution of goods services to meet human
  needs ( GNP/GNP) - David Ricardo, Adam Smith
  invisible hand of the market

7
Development

• In an international context, refers to improving
  the economic and social conditions of poorer
  countries
• The process of raising the level of prosperity
  and material living in a society through
  increasing the productivity and efficiency of its
  economy.

8
Broader view of Development

• Amartya Sen- Development is a process of
  expanding the real freedoms that people enjoy
• Walter Rodney- Development in human society is a
  many sided process
• - At the level of individual implies increased
  skill, capacity, greater freedom, creativity,
  self discipline and material well being

9
Broader View.

• - At Society level capacity to deal with the
  environment through harnessing laws of
  nature/science and use of technology
• - Social group and an increasing capacity to
  regulate both internal and external relationships

10
Nexus between Governance, Human Rights and
Development

• Human rights and human development share a
  common vision and a common purposeto secure, for
  every human being, freedom, well-being and
  dignity- UNDP Human Development Report 2000
• Measuring governance is perhaps the single most
  important factor in eradicating poverty and
  promoting developmentKofi Annan, former
  Secretary General of the UN 1997 - 2006

11
Nexus.

• People are at the centre of concerns for
  sustainable development, human and governance
• The strong link between human rights and
  development has figured prominently in United
  Nations deliberations for more than half a
  century.
• In 1986, the right to development was made
  explicit in the Declaration on the Right to
  Development.

12
Nexus..

• The Declaration on the Right to Development
  states that "the right to development is an
  inalienable human right by virtue of which every
  human person and all peoples are entitled to
  participate in, contribute to, and enjoy
  economic, social, cultural and political
  development, in which all human rights and
  fundamental freedoms can be fully realized."

13
Nexus.

• The World Conference on Human Rights, held in
  Vienna in 1993, reaffirmed by consensus the right
  to development as a universal and inalienable
  right and an integral part of fundamental human
  rights.
• The Vienna Declaration and Programme of Action
  stated that "democracy, development and respect
  for human rights and fundamental freedoms are
  interdependent and mutually reinforcing."

14
Nexus..

• Good Governance Principles share a lot in common
  with the Human Rights agenda
• There is a wealth of United Nations human rights
  standards of direct relevance and applicability
  to questions of good governance.
• The collective message of all the UN summits and
  conferences of the 1990s may be summed up as a
  call for greater recognition of human rights in
  development.

15
Nexus.

• The International Covenant on Civil and Political
  Rights requires its 148 States parties "to
  respect and to ensure the rights recognized" in
  the Covenant and "to take the necessary steps
  to give effect to the rights". State parties are
  required, among other things, to ensure that an
  effective remedy for violations is available to
  provide for determination of claims by competent
  judicial, administrative or legislative
  authorities and to enforce remedies when granted
  (art. 2).

16
Nexus

• The Declaration on the Right to Development
  further clarifies the nature of these
  obligations, setting forth important objectives
  for governance.
• It mandates States "to formulate appropriate
  national development policies that aim at the
  constant improvement of the well-being of the
  entire population and of all individuals, on the
  basis of their active, free and meaningful
  participation in development and in the fair
  distribution of the benefits resulting
  therefrom".

17
Nexus

• States are expected to "undertake, at the
  national level, all necessary measures for the
  realization of the right to development" and to
  "ensure, inter alia, equality of opportunity for
  all in their access to basic resources,
  education, health services, food, housing,
  employment and the fair distribution of income."

18
Normative Standards

• International Level
• UN treaties and best practice
• Documents OHCHR
• Regional Level
• African Charter on Human and Peoples
• Rights protocols
• NEPAD/APRM
• AU Convention on Preventing and
• Combating Corruption other docs
• ECOWAS/SADC documents
• National Level
• - Constitutions
• - PRSPs- National Development Plans
• - Party Manifestos

19
Snap Shot of Africa - The Africa Governance,
Monitoring and Advocacy Project (AfriMAP)

• Democratic transition has flattened/stagnated in
  most countries
• Weak institutions
• New democracies surrounded by growth
• without prosperity
• Neopatrimonialism reconfigured not
• displaced in new democracies

20
Snapshot

• Declining satisfaction with democracy
• High levels of support for democracy
• Africa most poorly governed continent
• High levels of corruption
• Weak capacities to govern and provide
• services
• Development of normative frameworks
• International trading regime configured not in
  favour of Africa WTO rules, Subsides in North

21
Poverty Map
22
Challenges

• Lack of a democratic culture
• Weak institutions vis a vis strong leaders
• Weak Civil Society
• Conflicts
• Corruption
• Poverty
• Lack of Political Will
• Ethnicity
• Discipline turf wars on concepts
• Notion of a State weak citizens vs subjects
  debate - Mamdani

23
Next Steps for Africa

• Africa needs to embrace the culture of Human
  Rights, Good Governance and Development
• Political will and commitment - ARPM
• Build institutions
• Africa must solve its problem, solutions will not
  come from outside- NEPAD one such initiative

24
Some Useful Links/Sources

• Office for the High Commissioner for Human
  Rights-http//www.unhchr.ch/development
• The Africa Governance, Monitoring and Advocacy
  Project (AfriMAP ) http//www.afrimap.org/
• AfroBarometer -http//www.afrobarometer.org/
• UNDP- Human Development Reports 2000- 2006.
• Walter Rodney 1972. How Europe Under Developed
  Africa.
• Mamdani M. 1996. Citizen and Subject
  Contemporary Africa and the legacy of late
  colonialism.
• Amartya Sen 1999. Development as Freedom
• Peter Uvin. 2004 Human Rights and Development
• Oloka Onyango,Nansozi Muwanga 2007. Africas New
  Governance Models. Debating Form and Substance