essay about the relationship of good governance to human rights

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Nymia Pimentel Simbulan

June 1st, 2020, human rights as the foundation of good governance: the ironies of the philippine experience.

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Estimated reading time: 10 minutes

“Confronted by these challenges and difficulties, human rights defenders in the Philippines have taken steps to muster all possible support targeting various sectors in Philippine society”, writes  Dr Nymia Pimentel Simbulan , Professor and Vice Chancellor for Academic Affairs, the University of the Philippines Manila and Executive Director of Philippines Human Rights Information Centre (PhilRights).

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The Rise of Populist, Autocratic, Strongman Regimes

To deny people their human rights is to challenge their very humanity. – Nelson Mandela

The intersection of good governance and human rights is critical in the building of a robust democracy and the realization of sustainable development. While human rights provides the contents, norms and standards of good governance, good governance guided by human rights norms and principles, creates the conducive environment necessary for the State to respect, protect and fulfill human rights in a sustainable manner¹.

Human rights determines the behavior of governments as primary duty bearers — on how to conduct political affairs, processes and institutions, including what programs, plans and policies to prioritize, what laws to enact, how to allocate resources, and what structures to establish and/or strengthen. Good governance ensures opportunities, spaces and mechanisms that enhance peoples’ participation in decision-making, contribute to their empowerment, and strengthen transparency, accountability and the rule of law.

In recent years, the global community has witnessed the rise of populist, autocratic, strongman politics the likes of Rodrigo Duterte of the Philippines, Donald Trump of the United States, Narendra Modi of India, and Jair Bolsonaro of Brazil.² ³

Their governance styles and approaches have seriously affected the state of democratic institutions and processes, undermining fundamental freedoms and violating the human rights of the population.

This ruling style is not by any means new; what is new is the way in which this style of governance has taken advantage of the benefits of information technology, particularly social media, in order to promote simplistic narratives that bolster their popularity.

These leaders share similar characteristics when it comes to how they project themselves, the narratives that they spread, governance strategies, and approaches to rule of law and human rights. Among these shared features are:

• Projection of the head of government as a decisive leader who is strong-willed, nationalistic , i.e. putting the nation above all else, and relentless in solving the country’s problems particularly poverty, crime, and corruption, and thereby creating a “cult of personality”. According to the narrative, this leader is different from the political elite who came before him, and is therefore closer to the people. Following the assertion that the country is in crisis and confronted by problems that require urgent and decisive actions because the political elite failed to address these problems, he presents himself as someone who is determined to “do whatever it takes” to get the job done, even in ways which are “unorthodox and verge on the illegal.”⁴ His popularity is based on the use of simplistic narratives having the ability to deliver a straightforward solution to complex problems based on an approach of “shooting from the hip”.
• Laying out and overemphasizing one particular problem, usually having to do with criminality, to heighten people’s sense of insecurity and fear . This then lays the foundation for the need of the decisive leader to employ state violence and legitimizes the use of deadly force to deal with criminality and terrorism. (e.g. In the US, it was the criminal hordes of migrants; in India, it was Muslims who threatened the vision of a Hindu Indian nation; in the Philippines, it is people involved in the illegal drug trade, etc.) The populist leader takes advantage of state institutions that are legally authorized to use force — law enforcement institutions and the military — and employing the narrative of a “state of emergency” to carry out campaigns of violence that require authorities to be given the license to kill in order for government to proceed with least resistance in realizing its political agenda.

According to the narrative, violence is the most effective and efficient way to produce results when it comes to addressing the country’s serious problems like illegal drugs, crimes and terrorism. But the use of state violence also has the effect of producing a shocking and chilling effect on people. By establishing an atmosphere of fear, the violence discourages citizens from going against the State and its laws; it urges people to toe the line.

• Taking advantage of the discontent of citizens with the “traditional political elite” who are seen as corrupt, using their government positions to consolidate political and economic power for themselves, and failing to address poverty and inequality.  The populist leader has presented himself as “different” and has capitalized on the frustration and impatience of the population over the inability of the political elite and democratic institutions to curb the growing economic inequalities in these countries.⁵ This has translated to disillusionment with democracy and the promise of democratic institutions and practices to deliver.
• Promoting the narrative that human rights norms, standards and principles get in the way of real progress on these serious problems.  Human rights have been viewed as obstacles in the implementation and realization of State policies, plans and programs because according to these State leaders, human rights have served to weaken the State’s “war efforts”. Since human rights have been conveniently used to attack the State while at the same time used as shields or armors to protect “enemies of the State”, “destabilizers of government”, and “terrorists”, human rights to these leaders have no place in society. Even human rights organizations have been tagged as acting as “enemies from within” because they are hampering the government’s legitimate war efforts by choosing to defend “drug addicts”, “drug lords”, “criminals”, “rapists” who have been projected as evil, and deserving to be treated in a cruel and inhumane manner befitting animals. The universality of human rights has likewise been distorted by asserting that “criminals”, “drug users”, “drug pushers”, “drug lords” are not part of humanity ⁶, while at the same time distorting what human rights are about by accusing human rights defenders as not caring about the victims of crimes.

These leaders have resorted to capitalizing on their popularity to misuse state institutions to mount attacks against critics. They have also taken steps to systematically weaken democratic institutions that are meant to act as institutional constraints on the Executive power, under the guise of “doing whatever it takes” and taking a no-nonsense approach to getting the job done.

Take the example of President Duterte who used the Department of Justice (DOJ) to go after Senator Leila De Lima and former Chief Justice of the Supreme Court Ma. Lourdes Sereno, or President Trump in the US, allowing the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to misuse the criminal justice system to deter activists, lawyers, journalists, and humanitarian volunteers from challenging — or simply documenting — the systematic human rights violations that US authorities have committed against migrants and asylum seekers by subjecting human rights defenders to warrantless surveillance, interrogations, invasive searches, travel restrictions, and, in isolated cases, a false arrest and unlawful detention. In so doing, they have violated the Constitution, US and international law, and DHS policies — all of which prohibit discriminatory restrictions of freedom of speech and expression. In some cases, US and Mexican authorities have reportedly collaborated in the unlawful restrictions against human rights defenders on their shared border.”⁷

• Undermining the ability of the press, the Fourth Estate, to act as a counterbalance or check on government power by questioning traditional media, particularly media that is critical of government actions, and claiming that these are sources of “fake news”.  These leaders use social media to disseminate propaganda, or to spread allegations meant to discredit, vilify, neutralize and/or silence their critics and opponents through the mobilization of a well-financed army of social media trolls. The strategy of constantly bombarding and saturating social and mass media with misinformation presented as “truths” has made the general public accept without question State pronouncements and assertions, even if these lack factual basis to the point of bordering on absurdity.

Reliance on these beliefs and practices has had serious consequences on peoples’ lives, livelihood, and social relations. It has likewise placed democratic institutions and processes in a precarious and unstable state.

Consequences of the Strongman Autocratic Leadership: The Philippine Experience

After the overthrow of the Marcos dictatorship in 1986 and prior to the installation of Rodrigo R. Duterte as the 16th President of the Republic of the Philippines in June 2016, the country enjoyed the reputation of having a dynamic human rights track record in Southeast Asia. This is evident by the existence of a human rights-influenced 1987 Philippine Constitution cognizant of the atrocities and human rights violations perpetrated by the Marcos government during the Martial Law period, a vibrant human rights movement, free mass media, and open democratic space. The Philippines was among the first country in Southeast Asia to establish a national human rights institution (NHRI) which has consistently enjoyed a status A accreditation by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights.⁸

The country has achieved major strides with the passage of numerous human rights enabling laws including the Human Rights Victims Reparation and Recognition Act of 2013 (Republic Act №10368), Anti-Torture Act of 2009 (Republic Act №9745), Anti-Enforced or Involuntary Disappearance Act of 2012 (Republic Act №10353), The Responsible Parenthood and Reproductive Health Act of 2012 (Republic Act №10354), Generics Act of 1988 (Republic Act 6675), Indigenous Peoples’ Rights Act of 1997 (Republic Act 8371), and The Magna Carta of Women of 2009 (Republic Act №9710). Moreover, the Philippines is a State Party to all key international human rights laws/treaties. However, significant changes took place and continue to take place in the socio-political landscape of the country when Duterte came to power in June 2016.

Laying the foundation for the “War on Drugs”

Presenting himself as “Father of the Nation”, Duterte has claimed that the way to move forward is to be tough and decisive in dealing with the key problems besetting the Philippines. He has identified illegal drugs as among the root cause of crimes and corruption in Philippine society, an assertion that has been propagated and accepted by different sectors, even in the absence of scientific evidence and solid data. Constant reiteration and bombardment by government of the public, civil society and the international community through the use of the mass and social media, reinforced by educational and government agencies/institutions, have transformed such narratives to be “real and true”.

Because he claims to know what will work best for the country, everyone is expected not to question and oppose his actions, not even by those in government. It is also because of this image and his chauvinist posturing that women’s groups have been attacked and insulted for openly criticizing his misogynist policies, programs and approaches.

Prior to his installation into power, Duterte used a discourse of a corrupt elite coddling drug dealers and addicts, incompetent in addressing problems of poverty and inequality in society, and primarily preoccupied in further enriching themselves while in power.⁹

While distancing himself from one section of the ruling class/political elites to show how different he is, he has, at the same time, forged strategic alliances and ties with the most powerful sections of the ruling class/political elites to strengthen his control of government and pursue his political agenda.¹⁰

In this way, he has further isolated and rendered powerless any legitimate opposition. In return, he has allowed these political allies to realize their own agendas and consolidate their power within their own turfs. This can be seen in the nature of his relations with the traditional Philippine political dynastic families, the Macapagal-Arroyos, Marcoses, Villars, etc.¹¹

The “War on Drugs” and the use of state violence

Complementing the framework that the country is “in crisis” is the strategy of drawing the line between the supporters and critics of government, thereby  polarizing the country . In a state of war, he has asserted  either you are with us or you are against us . Those on the side of government are rewarded and protected, while those who oppose the administration are labeled “enemies of the State”, obstructionists in the “war efforts” against drugs and criminality, and are therefore deserving of experiencing the “full force of the law” and its consequences. Thus, the official policy of launching a “war on drugs and criminality”, mobilizing police and military forces, and conducting mass killings and arrest of those believed to be involved in illegal drugs, has been legitimized.¹²

The escalation of human rights violations emanating from the use of state violence in addressing the country’s problems particularly crime and terrorism, is another impact of the actions of populist, autocratic leaders, very evident in the case of the Philippines. Law enforcement institutions and the military, complemented by the use of non-state hired armed groups/individuals, have served as the principal machinery in the State-sponsored violent campaign against illegal drugs, crime and terrorism. To make this more acceptable to “polite society”, drug users and drug dealers have been cast as criminals who can no longer be redeemed and therefore no longer have human rights and should thus not be treated humanely. They are projected to be “dregs of society” that deserve to be physically eliminated in order to protect the law-abiding citizens of the country from the havoc that they otherwise would have been wreaking on society.

Operating under the instruction and protection of the Chief Executive, abuses and human rights violations in the form of killings, illegal arrest and detention, torture, and enforced disappearance, have become a normal/common occurrence, and oftentimes justified and condoned.¹³ State agents have not been made accountable for their actions in the conduct of police and/or military operations in communities, consequently, perpetuating a culture of impunity.

It is therefore not surprising that the administration continues to push for the restoration of the death penalty in the country, a priority legislative measure of the President despite the Philippines being a State Party to Optional Protocol 2 of the International Covenant on Civil and Political Rights which does not allow for the restoration of the death penalty once it has been abolished from the law of the country.¹⁴

The rule of law has been seriously eroded with a culture of impunity becoming deeply entrenched and institutionalized. Instead of holding State agents accountable for human rights violations perpetrated in the context of the “war on drugs”, the President has assured them protection and freedom from prosecution for their actions. He continues to condone and even encourage members of the police force in the excessive and indiscriminate use of violence resulting to torture and death of alleged drug users and/or pushers in urban poor communities.¹⁵

The President has even gone to the extent of increasing the salaries of the men and women of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) as reward for a “job well done” in the government’s campaign against illegal drugs and terrorism.¹⁶ Meanwhile, victims of the “war on drugs”, particularly the victims of extrajudicial killings (EJKs), have been denied access to justice. To this day, families of EJK victims, children referred to as “collateral damage”, and even those admitted by law enforcement agents as killed because of mistaken identity, have not seen a single State agent prosecuted, all the more punished and made accountable for their actions. They continue to go scot free and enjoy the protection of government officials including the President.

Impact of the “War on Drugs” on democratic institutions

Democratic institutions like the legislative and judicial bodies have been weakened in a bid to bolster executive power. The principles of transparency, and check and balance, have been replaced by the avowed virtues of loyalty, obedience and subservience to ensure that the priority programs and policies of government, foremost of which is the “war on drugs and criminality” will be on track. The rhetoric propagated by government is since the “drug menace poses a clear and present danger”¹⁷ dictating the country to be on war footing, the President should be given the leeway or prerogative to determine the strategies that are considered best to address the problems to be in control or on top of the situation. There is no room for questioning and opposition, and everyone is expected to contribute to the war effort; everyone is expected to make sacrifices for the greater good. Any criticism is viewed as obstructing and taking away from the war effort which should be dealt with accordingly by the State.

Furthermore, the President’s political party and avid supporters enjoy a monopoly control over the Philippine Congress, both the House of Representatives and Senate. The principle of checks and balances has been undermined with the transformation of Congress particularly the House into a rubberstamp of the President ensuring that “what the President wants, the President gets”. The Supreme Court upheaval resulting to the ouster of Chief Justice Ma. Lourdes Sereno, and with 12 out of the 15 Justices of the Philippine Supreme Court (7 out of the 15 Justices, namely Associate Justices Andres Reyes Jr., Alexander Gesmundo, Jose Reyes Jr., Ramon Paul Hernando, Rosmari Carandang and Amy Lazaro-Javier and Henri Jean-Paul Inting with 5 more to be appointed this second half of 2019) appointed by the President before the end of 2019, is indicative of a disturbing development challenging the independence of the judiciary.¹⁸

Impact on human rights

The low tolerance for criticism and opposition has led to the shrinking of democratic space and the prevalence of an environment of fear and silence throughout the country. Freedoms of speech and expression are subtly being curtailed. Human rights defenders, mass media practitioners, and members of the political opposition who have consistently expressed contrary views, criticized government programs and policies, have not been spared from insults, embarrassment, and threats. They have been the targets of red-tagging and vilification campaigns. With the intention to malign and destroy their reputation and credibility, critics and/or opponents have likewise experienced harassment through the filing of trumped-up charges using fabricated evidences and hired witnesses.

The repulsion towards human rights and human rights defenders has led the Duterte government to virtually declare a “war against human rights”.¹⁹ It has distorted and bastardized human rights by asserting that “criminals, drug pushers, drug lords” are not humans;²⁰ threatened to kill and/or behead human rights advocates;²¹ ²²attacked and insulted international human rights bodies, officials and personalities like the UN Human Rights Council Special Rapporteur on extrajudicial, summary or arbitrary executions Agnes Callamard, and the UN High Commissioner for Human Rights Zeid Ra-ad al Hussein.²³ ²⁴ ²⁵ ²⁶

It has likewise led to the abandonment of State obligations to international human rights commitment. Last March 17, 2019, the Philippines withdrew from being a State Party to the Rome Statute of the International Criminal Court (ICC), an act openly defying the United Nations and international critics.²⁷ There are also plans to abrogate its international human rights commitments being a State Party to Optional Protocol 2 of the International Covenant on Civil and Political Rights, with the marching order of the President to Philippine Congress to reinstate the death penalty in the country.²⁸

The social cost of the “War on Drugs”

To date, close to 30,000 individuals²⁹ have been killed as a consequence of operations of police forces or unidentified assailants or men riding in tandem, or both, in the Philippines. The rights to life, due process, presumption of innocence, freedom from torture or cruel, inhuman treatment or punishment, freedom from arbitrary arrest or detention, are among the civil and political rights denied and violated by the State.³⁰ Meanwhile, families of victims of civil and political rights violations, particularly State-perpetrated mass killings and/or extrajudicial killings, have been further deprived of their economic and social rights like the rights to decent work and pay, rights to education, health, housing, and social security.

The poor, who have been the primary targets of the “war on drugs” of the Duterte government as evidenced by the socio-demographic profile of the close to 30,000 victims of mass killings, have experienced multiple burdens with the impact of civil and political rights violations on their economic and social rights. The death of the husband, father, son, usually the breadwinner of the family, has left behind not only stigmatized widows, traumatized children, and terrorized communities in the course of the drug campaign of the government in urban poor communities. A major consequence of the “war on drugs” on the poor is that it has exacerbated and deepened their impoverishment and marginalization. Wives and/or mothers, in addition to their being caretakers of the children and elderly, have been forced to assume the role of breadwinner formerly played by the dead family member to make both ends meet. Children, who oftentimes have witnessed the murder of their father, mother, sibling and/or relative, experience fear, shame and discrimination having its toll on family and community relations, health, and attendance and performance in school.³¹

There is no doubt that the families of the close to 30,000 victims of the “war on drugs” in the Philippines have experienced further deterioration in their poverty situation. Widows, mothers and loved ones of victims of the “war on drugs” have difficulty or are unable to find decent jobs or sources of livelihood; children are forced to drop out of school; the state of homelessness, hunger and sickness among urban poor has worsened; and possibly involvement in crimes, including the selling and/or use of illegal drugs, among the youth and young adults in urban poor communities, has deepened.³² Not to mention the impact on the state of mental health, particularly of the wives, parents, children because of the shock, disbelief, guilt, grief, of the sudden and violent death of a loved one.

Even families of victims of extrajudicial killings in the context of the “war on drugs and criminality” have decided to keep mum to injustices and repression within their midst. For fear of retribution and absence of resources to defend themselves and seek justice through the judicial system, they have chosen to leave their fate to God and/or move out of their places of residence for safer areas and to escape the punitive actions of unscrupulous law enforcement agents, many of whom are operating within the community. This attitude of passivity and resignation is dictated by their feeling of powerlessness and deprivation, a common characteristic of poor victims of State violence. Thus, in communities where there is seeming order and stability are residents engulfed and immobilized by terror, distrust and suspicion.

Ways Forward: Instituting Genuine Changes

Confronted by these challenges and difficulties, human rights defenders in the Philippines have taken steps to muster all possible support targeting various sectors in Philippine society. They have also reflected on the weaknesses and gaps of the human rights movement in the conduct of its advocacy work especially with the continuing support and popularity enjoyed by the Duterte administration from the people.

A priority course of action taken is raising peoples’ awareness and understanding of human rights and its principles through mass education and information campaigns. Human rights groups have realized the value of sustained, age-specific and creative ways of conducting human rights education and information work in order for it to be viewed as important and relevant to the lives of ordinary citizens from all walks of life.

Not only have human rights NGOs paid attention to improving and simplifying the contents and language of human rights education and information work. Methodologies in the conduct of education activities have likewise been improved or enhanced. Training on popular education techniques like the use of theater, street plays, arts, songs, games and community participation, have been incorporated in human rights education curriculum for people from all walks of life, i.e. urban poor residents, women, children, youth and students, artists, indigenous peoples, workers and peasants, church people, etc.

Human rights NGOs have also devoted much time and effort in the development and production of culturally-appropriate information, education and communication (IEC) materials for various audiences to ensure that these will complement educational activities conducted in urban poor communities, schools, workplaces, parishes, farms, etc. Details like type of materials, language, art works and designs, and lay-out are studied and adopted to suit the target audiences.

Organizing work is another measure recognized as valuable by HRDs in the Philippines. Efforts have been taken to set-up human rights task forces, ministries, committees and other types of formations in different areas and territories. These have been undertaken usually in partnership and collaboration with community organizers/coordinators, progressive church people, trade unionists, student leaders, peasant leaders, environmental activists, etc. Organizing people at various levels and scale is emphasized to contribute to peoples’ empowerment through collective actions in the defense of their rights.

Closely linked to organizing is mobilization. Peoples and communities are encouraged and assisted to prevent human rights violations and/or protect their rights. Participation in mass protest actions like rallies, demonstrations and pickets, joining lobby work in Congress, doing the rounds of schools and communities to conduct education and/or information activities, helping out in the production of IEC materials, or just simply convincing a family member, neighbor, friend to attend community forums or assemblies on social issues, are different forms of mobilization made available to peoples and communities.

A distinct form of mobilization which HRDS have provided particularly the families of victims of the “drug war” and alleged EJKs is their participation in the documentation of cases of human rights violations. This involves mobilization in the form of sharing their stories/experiences and allowing these to be documented by HRDs; convincing other victims to have their stories/experiences documented by HRDs; attending documentation training workshops conducted by HR NGOs; and/or engaging in actual documentation activities. There have also been families of victims of alleged EJKs who have gone to the extent of filing cases against known perpetrators of human rights violations through the assistance of human rights lawyers.

Concomitantly, human rights NGOs have collaborated with journalists, film makers and other media practitioners recognizing their role and contribution in disseminating the stories and experiences of the victims of human rights violations and ensuring that their narratives are not forgotten. All these in the hope of seeking justice and reparation in the future. Journalists and media practitioners have also been instrumental in humanizing victims of EJKs by being able to put names and faces behind the statistics.

Moreover, HR NGOs have taken efforts to maximize international solidarity work by participating in international conferences, forums to disseminate to the world the state of human rights of the Filipino people under the current administration. NGOs have become more active in sending delegations to U.N. activities to do lobby work and solicit support to address the human rights situation in the country. The recent resolution filed by Iceland and adopted by the UN Human Rights Council on the Philippines is an example of intensified efforts exerted by Philippine NGOs for the international community to take action on the human rights situation in the country.³³

Last but not the least is the defense and protection of HRDs against various forms of attacks from the State. HR NGOs have taken steps to enhance their capacities and competencies to defend themselves and protect their organizations through education, training, networking on personal and organizational safety and security, including digital security.

All these activities are interlinked, overlap and reinforce each other. These do not come in any order but are conducted simultaneously depending on the situation and needs of organizations, peoples and communities with the objective of eventually bringing about genuine change in Philippine society. After all, a government that thrives on state violence, lies and deception is a government founded on unstable grounds; it is a government that will eventually be discredited in history, if not rejected by the people.

1 United Nations Human Rights Office of the High Commissioner. Good Governance and Human Rights.  https://www.ohchr.org/EN/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspx  (Accessed: 12 September 2019) 2 Kenneth Roth. World’s Autocrats Face Rising Resistance. Human Rights Watch World Report 2019.  https://www.hrw.org/world-report/2019/keynote/autocrats-face-rising-resistance  (Accessed: 8 Sept. 2019) 3 Joshua Kurlantzick. Southeast Asia’s Populism Is Different But Also Dangerous. Council on Foreign Relations. Nov. 1, 2018.  https://www.cfr.org/in-brief/southeast-asias-populism-different-also-dangerous  (Accessed: 8 Sept. 2019) 4 Inquirer.Net. Full Text: President Rodrigo Duterte inauguration speech. June 30, 2016.  https://newsinfo.inquirer.net/793344/full-text-president-rodrigo-duterte-inauguration-speech  (Accessed: 30 Sept. 2019) 5 Aries Arugay. The 2019 Philippine Elections: Consolidating Power in an Eroding Democracy. Heinrich Böll Stiftung Southeast Asia. 21 June 2019.  https://th.boell.org/en/2019/06/21/2019-philippine-elections-  consolidating-power-eroding-democracy (Accessed: 9 October 2019) 6 Inquirer.Net. Criminals are not human — Aguirre. Feb. 1, 2017.  https://newsinfo.inquirer.net/867331/criminals-are-not-human-aguirre  (Accessed: 30 Sept. 2019) 7 Amnesty International. USA: Authorities are misusing justice system to harass migrant human rights defenders. 2 July 2019.  https://www.amnesty.org/en/latest/news/2019/07/usa-authorities-misusing-justice-  system-harass-migrant-human-rights-defenders/ (Accessed: 6 October 2019) 8 Commission on Human Rights. Republic of the Philippines.  https://chr.gov.ph/about-chr/  (Accessed: 29 Sept. 2019) 9 Mark R. Thompson. Duterte’s illiberal democracy and perilous presidential system. East Asia Forum. 16 April 2018.  https://www.eastasiaforum.org/2018/04/16/dutertes-illiberal-democracy-and-perilous-presidential-  system/ (Accessed: 6 October 2019) 10 Mark R. Thompson. Duterte’s illiberal democracy and perilous presidential system. East Asia Forum. 11 Aries Arugay. The 2019 Philippine Elections: Consolidating Power in an Eroding Democracy. Heinrich Böll Stiftung Southeast Asia. 12 Mark R. Thompson. Duterte’s illiberal democracy and perilous presidential system. East Asia Forum. 13 Christina Mendez. Duterte to PNP: Kill 1,000, I’ll protect you. The Philippine Star. July 2, 2016.  https://www.philstar.com/headlines/2016/07/02/1598740/duterte-pnp-kill-1000-ill-protect-you  (Accessed: 30 Sept. 2019) 14 United Nations Human Rights Office of the High Commissioner. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. 15 Dec. 1989.  https://www.ohchr.org/en/professionalinterest/pages/2ndopccpr.aspx  (Accessed: 9 October 2019) 15 Christina Mendez. Duterte to PNP: Kill 1,000, I’ll protect you. The Philippine Star. 16 Pia Ranada. Duterte signs resolution on pay hike for soldiers, cops. Rappler. January 9, 2018.  https://www.rappler.com/nation/193248-duterte-signs-joint-resolution-pay-hike-soldiers-cops  (Accessed: 30 Sept. 2019) 17 Christina Mendez. Duterte to PNP: Kill 1,000, I’ll protect you. The Philippine Star. 18 Edu Punay. Duterte to appoint 5 more SC justices in 2019. The Philippine Star. May 29, 2019.  https://www.philstar.com/headlines/2019/05/29/1921803/duterte-appoint-5-more-sc-justices-2019  (Accessed: 9 October 2019) 19 Associated Press. ‘I don’t care about human rights’: Philippines’ Duterte acknowledges abuses in drug war but refuses to back down. 6 Aug. 2016.  https://www.scmp.com/news/asia/southeast-asia/article/1999755/i-  dont-care-about-human-rights-philippines-duterte (Accessed: 30 Sept. 2019) 20 Agence France-Presse. Criminals are not human — Aguirre. Feb. 1, 2017.  https://newsinfo.inquirer.net/867331/criminals-are-not-human-aguirre  (Accessed: 29 Sept. 2019) 21 Marlon Ramos. Duterte threatens to kill rights activists if drug problem worsens. Philippine Daily Inquirer. Nov. 29, 2016.  https://newsinfo.inquirer.net/848933/duterte-threatens-to-kill-human-rights-activists-if-drug-  problem-worsens (Accessed: 29 Sept. 2019) 22 Trisha Macas. Duterte threatens to behead human rights advocates. GMA News Online. May 18, 2017.  https://www.gmanetwork.com/news/news/nation/611343/duterte-threatens-to-behead-human-rights-  advocates/story/ (Accessed: 29 Sept. 2019) 23 Paterno Esmaquell II. Philippine President-elect Duterte curses UN. Rappler. June 3, 2016.  https://www.rappler.com/nation/135179-philippines-president-duterte-curses-united-nations  (Accessed: 29 Sept. 2019) 24 Nestor Corrales. Duterte hurls expletives at Callamard after her remark on Kian slay. Inquirer.net. August 28, 2017.  https://globalnation.inquirer.net/160053/duterte-callamard-war-on-drugs-kian-delos-santos-killings-  expletive (Accessed: 29 Sept. 2019) 25 Felipe Villamor. Rodrigo Duterte of Philippines Calls U.N. Human Rights Chief an ‘Idiot’. The New York Times. Dec. 22, 2016.  https://www.nytimes.com/2016/12/22/world/asia/rodrigo-duterte-philippines-zeid-raad-al-  hussein.html (Accessed: 29 Sept. 2019) 26 Consuelo Marquez. UN expert asks Duterte admin: Stop maligning human rights advocates. Inquirer.net. Dec. 19, 2018.  https://globalnation.inquirer.net/172096/un-expert-asks-duterte-admin-stop-maligning-  human-rights-advocates (Accessed: 29 Sept. 2019) 27 Agence France-Presse. Philippines leaves International Criminal Court. Rappler. March 17, 2019.  https://www.rappler.com/nation/225924-philippines-international-criminal-court-withdrawal-march-17-2019  (Accessed: 29 Sept. 2019) 28 Pia Ranada. Duterte pushes for the return of death penalty for drug crimes, plunder. Rappler. July 22, 2019.  https://www.rappler.com/nation/236024-duterte-pushes-return-death-penalty-drug-crimes-plunder-sona-  2019 (Accessed: 29 Sept. 2019) 29 Emmanuel Tupas. 29,000 deaths probed since drug war launched. The Philippine Star. March 6, 2019  https://www.philstar.com/nation/2019/03/06/1898959/29000-deaths-probed-drug-war-launched 30 United Nations Human Rights Office of the High Commissioner. International Covenant on Civil and Political Rights. 16 Dec. 1966.  https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx  (Accessed: 15 Sept. 2019) 31 Philippine Human Rights Information Center (PhilRights). The Killing State: The Unrelenting War Against Human Rights in the Philippines. Sept. 2019. 32 Philippine Human Rights Information Center (PhilRights)…… 33 Sofia Tomacruz. Why Iceland led UN resolution on PH drug war killings. Rappler. July 19, 2019.  https://www.rappler.com/newsbreak/iq/235775-why-iceland-led-un-resolution-drug-war-killings-philippines  (Accessed: 19 Oct. 2019)

REFERENCES:

Agence France-Presse. Criminals are not human — Aguirre. Feb. 1, 2017.  https://newsinfo.inquirer.net/867331/criminals-are-not-human-aguirre

Agence France-Presse. Philippines leaves International Criminal Court. Rappler. March 17, 2019.  https://www.rappler.com/nation/225924-philippines-international-criminal-court-  withdrawal-march-17–2019

Amnesty International. USA: Authorities are misusing justice system to harass migrant human rights defenders. 2 July 2019.  https://www.amnesty.org/en/latest/news/2019/07/usa-authorities-misusing-justice-  system-harass-migrant-human-rights-defenders/

Arugay, Aries. The 2019 Philippine Elections: Consolidating Power in an Eroding Democracy. Heinrich Böll Stiftung Southeast Asia. 21 June 2019.  https://th.boell.org/en/2019/06/21/2019-philippine-elections-consolidating-power-eroding-  democracy

Associated Press. ‘I don’t care about human rights’: Philippines’ Duterte acknowledges abuses in drug war but refuses to back down. 6 Aug. 2016.  https://www.scmp.com/news/asia/southeast-asia/article/1999755/i-dont-care-about-  human-rights-philippines-duterte

Commission on Human Rights. Republic of the Philippines.  https://chr.gov.ph/about-chr/

Corrales, Nestor. Duterte hurls expletives at Callamard after her remark on Kian slay. Inquirer.net. August 28, 2017.  https://globalnation.inquirer.net/160053/duterte-callamard-  war-on-drugs-kian-delos-santos-killings-expletive

Esmaquell II, Paterno. Philippine President-elect Duterte curses UN. Rappler. June 3, 2016.

https://www.rappler.com/nation/135179-philippines-president-duterte-curses-united-  nations

Inquirer.Net. Full Text: President Rodrigo Duterte inauguration speech. June 30, 2016.

https://newsinfo.inquirer.net/793344/full-text-president-rodrigo-duterte-inauguration-  speech

Inquirer.Net. Criminals are not human — Aguirre. Feb. 1, 2017.

https://newsinfo.inquirer.net/867331/criminals-are-not-human-aguirre

Kurlantzick, Joshua. Southeast Asia’s Populism Is Different But Also Dangerous. Council on Foreign Relations. Nov. 1, 2018.  https://www.cfr.org/in-brief/southeast-asias-populism-  different-also-dangerous

Macas, Trisha. Duterte threatens to behead human rights advocates. GMA News Online. May 18, 2017.  https://www.gmanetwork.com/news/news/nation/611343/duterte-  threatens-to-behead-human-rights-advocates/story/

Marquez, Consuelo. UN expert asks Duterte admin: Stop maligning human rights advocates. Inquirer.net. Dec. 19, 2018.  https://globalnation.inquirer.net/172096/un-expert-asks-  duterte-admin-stop-maligning-human-rights-advocates

Mendez, Christina. Duterte to PNP: Kill 1,000, I’ll protect you. The Philippine Star. July 2, 2016.  https://www.philstar.com/headlines/2016/07/02/1598740/duterte-pnp-kill-1000-ill-  protect-you

Philippine Human Rights Information Center (PhilRights). The Killing State: The Unrelenting War Against Human Rights in the Philippines. Sept. 2019.

Punay, Edu. Duterte to appoint 5 more SC justices in 2019. The Philippine Star. May 29, 2019.  https://www.philstar.com/headlines/2019/05/29/1921803/duterte-appoint-5-more-  sc-justices-2019

Ramos, Marlon. Duterte threatens to kill rights activists if drug problem worsens. Philippine Daily Inquirer. Nov. 29, 2016.  https://newsinfo.inquirer.net/848933/duterte-threatens-to-  kill-human-rights-activists-if-drug-problem-worsens

Ranada, Pia. Duterte signs resolution on pay hike for soldiers, cops. Rappler. January 9, 2018.  https://www.rappler.com/nation/193248-duterte-signs-joint-resolution-pay-hike-  soldiers-cops

Ranada, Pia. Duterte pushes for the return of death penalty for drug crimes, plunder. Rappler. July 22, 2019.  https://www.rappler.com/nation/236024-duterte-pushes-return-  death-penalty-drug-crimes-plunder-sona-2019

Roth, Kenneth. World’s Autocrats Face Rising Resistance. Human Rights Watch World Report 2019.  https://www.hrw.org/world-report/2019/keynote/autocrats-face-rising-  resistance

Thompson, Mark R. Duterte’s illiberal democracy and perilous presidential system. East Asia Forum. 16 April 2018.  https://www.eastasiaforum.org/2018/04/16/dutertes-illiberal-  democracy-and-perilous-presidential-system/

Tomacruz, Sofia. Why Iceland led UN resolution on PH drug war killings. Rappler. July 19, 2019.  https://www.rappler.com/newsbreak/iq/235775-why-iceland-led-un-resolution-drug-  war-killings-philippines

Tupas, Emmanuel. 29,000 deaths probed since drug war launched. The Philippine Star. March 6, 2019  https://www.philstar.com/nation/2019/03/06/1898959/29000-deaths-probed-drug-war-launched

United Nations Human Rights Office of the High Commissioner. Good Governance and Human Rights  https://www.ohchr.org/EN/Issues/Development/GoodGovernance/Pages/GoodGovernance  Index.aspx

United Nations Human Rights Office of the High Commissioner. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. 15 Dec. 1989.  https://www.ohchr.org/en/professionalinterest/pages/2ndopccpr.aspx

United Nations Human Rights Office of the High Commissioner. International Covenant on Civil and Political Rights. 16 Dec. 1966.  https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Villamor, Felipe. Rodrigo Duterte of Philippines Calls U.N. Human Rights Chief an ‘Idiot’. The New York Times. Dec. 22, 2016.  https://www.nytimes.com/2016/12/22/world/asia/rodrigo-  duterte-philippines-zeid-raad-al-hussein.htm

*This blog is based on Prof Simbulan’s talk delivered at the  2019 LSE Southeast Asia Forum .

*The views expressed in the blog are those of the authors alone. They do not reflect the position of the Saw Swee Hock Southeast Asia Centre, nor that of the London School of Economics and Political Science.

About the author

Professor Nymia Pimentel Simbulan is Vice Chancellor for Academic Affairs, University of the Philippines Manila, and Executive Director of Philippine Human Rights Information Center (PhilRights), a human rights institute which is part of Philippine Alliance of Human Rights Advocates (PAHRA). PhilRights has played an important role in the abolition of the death penalty in the country in 2006. It has also played a leading role in the submission of alternative reports on economic, social and cultural rights to the UN.

great content! plus it has references which makes it more reliable

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A Human Rights-Based Approach to Programming

What is the relationship between human rights and good governance?

Governance refers to mechanisms, institutions and processes through which authority is exercised in the conduct of public affairs. The concept of good governance emerged in the late 1980s to address failures in development policies due to governance concerns, including failure to respect human rights. The concepts of good governance and human rights are mutually reinforcing, both being based on core principles of participation, accountability, transparency and State responsibility.

Human rights require a conducive and enabling environment, in particular appropriate regulations, institutions and procedures framing the actions of the State. Human rights provide a set of performance standards against which Governments and other actors can be held accountable. At the same time, good governance policies should empower individuals to live with dignity and freedom. Although human rights empower people, they cannot be respected and protected in a sustainable manner without good governance. In addition to relevant laws, political, managerial and administrative processes and institutions are needed to respond to the rights and needs of populations. There is no single model for good governance. Institutions and processes evolve over time.

Human rights strengthen good governance frameworks. They require: going beyond the ratification of human rights treaties, integrating human rights effectively in legislation and State policy and practice; establishing the promotion of justice as the aim of the rule of law; understanding that the credibility of democracy depends on the effectiveness of its response to people’s political, social and economic

demands; promoting checks and balances between formal and informal institutions of governance; effecting necessary social changes, particularly regarding gender equality and cultural diversity; generating political will and public participation and awareness; and responding to key challenges for human rights and good governance, such as corruption and violent conflict.

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GOOD GOVERNANCE AND HUMAN RIGHTS: INTERNATIONAL AND NATIONAL PERSPECTIVE

2013, ( IJOART.org ) - International Journal of Advancements in Research & Technology

The human rights are indisputable rights of every human being that enable a person not only to live but also to live with dignity. But human rights invite a number of preconditions for the realisation of the same. It is now being realised that protection of human rights at the domestic level is possible only when good governance prevails. The provision of good governance works as precondition for human rights’ protection and growth. Since good governance can help in the realisation of different human rights from the right to life to the environmental rights and other economic, political and social rights, demand has been made to declare right to good governance as the most basic human right. The paper is an attempt to analyse the conceptual background of these two concepts disjointedly and how the two contribute to each other and the possibilities of the joint application of the two in general and particularly in a democratic country like India.

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Human Rights in a Changing World pp 97–115 Cite as

Global Governance of Human Rights: Dilemmas, Divergences and the Way Out

• Junxiang Mao 9  
• First Online: 09 March 2023

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Part of the book series: Prekarisierung und soziale Entkopplung – transdisziplinäre Studien ((PSETS))

As a form of governance, global governance is also necessarily conducted under the guidance of values, and governance values must be realized through various institutional designs and behaviors as well. The values of global governance must be based on universalism and emphasize the values shared globally, i.e. global values. Advocates of global governance call for global-scale compliance with the core cultural values of global governance.

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Jian Chang, The Community of Common Destiny for All Mankind and New Pattern of Global Governance, Frontiers , No. 12, 2017, pp. 35–41.

C. Chinkin, International Law and Human Rights, in T. Evans (ed.) Human Rights Fifty Years On: A Reappraisal , Manchester University Press, 1998, p. 115.

John H. Knox, Horizontal Human Rights Law, American Journal of International Law , Vol. 102, No. 1, 2008, pp. 1–47. See also H.W.R. Wade, Horizons of Horizontality, Law Quarterly Review , Vol. 116, No. 2, 2000, pp. 217–224. B. Markesinis, Privacy, Freedom of Expression, and the Horizontal Effect of the Human Rights Bill: Lessons from Germany, Law Quarterly Review , Vol. 115, 1999, pp. 45–88. M. Hunt, The Horizontal Effect of the Human Rights Act, Public Law , 1998, pp. 423–443.

Andrew Clapham, Human Rights Obligations of Non-State Actors (Chinese Version), translated by Chen Huiping et al., Beijing, Law Press China, 2013, p. 74.

OEIGWG, Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, Second Revised Draft, 2020. https://www.ohchr.org/EN/HRBodies/HRC/WGTransCorp/Pages/IGWGOnTNC.aspx , access on 25 July, 2021.

Gráinne de Búrca, Human Rights Experimentalism, The American Journal of International Law , Vol. 111, No. 2, 2017, pp. 277–316. Mark P. Lagon., and Ryan Kaminski, Bolstering the UN Human Rights Council’s Effectiveness, Council on Foreign Relations, 2017. Edward McMahon, and Marta Ascherio, A Step Ahead in Promoting Human Rights? The Universal Periodic Review of the UN Human Rights Council, Global Governance , Vol. 18, No. 2, 2012, pp. 231–248. Rahmani-Ocora, Ladan, Giving the Emperor Real Clothes: The UN Human Rights Council, Global Governance , Vol. 12, No. 1, 2006, pp. 15–20.

Jacob Dolinger, The Failure of the Universal Declaration of Human Rights, The University of Miami Inter-American Law Review , Vol. 47, No. 2, 2016, pp. 164–199.

Hakimeh Saghaye-Biria, Decolonizing the “Universal” Human Rights Regime: Questioning American Exceptionalism and Orientalism, ReOrient , Vol. 4, No. 1, 2018, pp. 59–77. T. Jeremy Gunn. Do Human Rights Have a Secular, Individualistic & Anti-Islamic Bias?, Daedalus , Vol. 149, No. 3, 2020, pp. 148–169.

Andrew Hurrell, On Global Order:Power, Values and the Constitution of International Society (Chinese Version), translated by Xi Lin, Beijing, China Renmin University Press, 2018, p. 1.

Jie Liu, The International Order and Its Governance in an Era of Globalization, Journal of Social Science , No. 4, 2003, pp. 27–33.

David P. Forsythe, Human Rights in International Relations , Cambridge University Press, 2000, p. 141.

Peter R. Baehr, Monique C. Castermans-Holleman and Fred Grünfeld, Human Rights in the Foreign Policy of the Netherlands, Human Rights Quarterly , Vol. 24, No. 2, 2002, pp. 992–1010.

Hilary Charlesworth, Emma Larking, Introduction: the Regulatory Power of the Universal Periodic Review, in Human Rights and the Universal Periodic Review: Rituals and Ritualism , edited by Hilary Charlesworth, Emma Larking, Cambridge University Press, 2014, p. 10.

Allehone Mulugeta Abebe, Of Shaming and Bargaining: African States and the Universal Periodic Review of the United Nations Human Rights Council, Human Rights Law Review , Vol. 9, No. 1, 2009, pp. 1–35.

See Rosa Freedman, New Mechanisms of the UN Human Rights Council, Netherlands Quarterly of Human Rights , Vol. 29, No. 3, 2011, pp. 289–323.

Mingguo Wang, New Situation of Global Governance Architecture and Its Impact on International Order, Teaching and Research , No. 5, 2014, pp. 32–40.

Hui Sun and Yu Yu, International Governmental Organization and Global Governance, Journal of Tongji University(Social Science Section) , Vol. 15, No. 5, 2004, pp. 48–53.

Xiaoyun Yang, The Challenges to State Sovereignty from Globalization, Neo-Interventionism and Self-Determination, Contemporary International Relations , No. 12, 1999, pp. 18–21.

Yong Liu and Huaixin Wang, Community of Human Destiny: China’s Plan for the Change of International Speech Power in Global Governance, Probe , No. 2, 2019, pp. 32–40.

Yong Jiang, The Impact of the Financial Crisis and China, World Economics and Politics , No. 12, 2008, pp. 11–14.

Research Group of the Center for the Study of Human Rights of Nankai University and Jian Chang, The Practical Basis and Theoretical Innovation of Human Rights in Contemporary China —— Theory of Human Rights Structure Moving towards Developmentalism, Human Rights , No. 1, 2021, pp. 22–48. Jian Chang, Human Rights Implications of Bringing the Building of a Moderately Prosperous Society in All Aspects to a Successful Completion —— From the Prospective of the Developmentalism of Human Rights, Human Rights , No. 2, 2020, pp. 18–34.

See A/HRC/47/L.24 (47 th Regular Session of the Human Rights Council), A/HRC/41/L.17/Rev.1 (41 st Regular Session of the Human Rights Council), A/HRC/35/L.33/Rev.1 (35 th Regular Session of the Human Rights Council).

Changhe Su, International System in Global Governance Transformation, Contemporary World , No. 11, 2015, pp. 34–37.

Bangkok Declaration, Human Rights , No. 5, 2006, p. 25.

Full text of Beijing Declaration adopted by the First South-South Human Rights Forum, http://www.scio.gov.cn/ztk/dtzt/36048/37445/37451/Document/1613070/1613070.htm , visited on September 20, 2021.

Jianjun Yu, American Hegemony’s Multilateralism Behaviors and Motives, Teaching and Research , No. 7, 2009, pp. 64–69.

Jiechi Yang, Working for a Community with a Shared Future for Mankind by Promoting International Cooperation and Multilateralism, China International Studies , No. 2, 2019, pp. 1–5.

The Position Paper of the People’s Republic of China on the United Nations Reforms, People’s Daily , 8 June 2005.

https://edition.cnn.com/2019/07/11/asia/xinjiang-uyghur-un-letter-intl-hnk/index.html ; https://www.theguardian.com/world/2019/jul/11/more-than-20-ambassadors-condemn-chinas-treatment-of-uighurs-in-xinjiang , visited on Dec, 12th, 2021.

http://www.xinhuanet.com/english/2019-07/11/c_138218748.htm , visited on Dec, 12 th , 2021.

See Robert Spano, The European Court of Human Rights and National Courts: A Constructive Conversation or a Dialogue of Disrespect? Nordic Journal of Human Rights , Vol. 33, No. 1, 2015, pp. 1–10. See Effie Foka, Directions in Religious Pluralism in Europe: Mobilizations in the Shadow of European Court of Human Rights Religious Freedom Jurisprudence, Oxford Journal of Law and Religion , Vol. 4, Issue 1, 2015, pp. 57–74.

Case of S.A.S. v. France, ECHR, (Application no. 43835/11), Judgment of July 1st, 2014.

UN Human Rights Committee Communication No. 1928/2010, CCPR/C/108/D/1928/2010.

Junxiang Mao, China’s Approach to International Governance of Human Rights, Guangming Daily , 25 October 2019.

Sixteenth Session of the General Assembly, 2005 World Summit Outcome, A/RES/60/1, paragraph 14.

Jing Lu, Institutional Predicament and Reform of Global Governance, Foreign Affairs Review , Vol. 31, No. 1, 2014, pp. 107–121.

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Letlhokwa George Mpedi

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Mao, J. (2023). Global Governance of Human Rights: Dilemmas, Divergences and the Way Out. In: Okyayuz, M., Mao, J., Mpedi, L.G., Herrmann, P. (eds) Human Rights in a Changing World. Prekarisierung und soziale Entkopplung – transdisziplinäre Studien. Springer VS, Wiesbaden. https://doi.org/10.1007/978-3-658-39533-9_4

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36 Democracy and Good Governance

W. Andy Knight is Professor of International Relations at the University of Alberta and past Chair of its Political Science Department. In 2016 he completed a term as director of the Institute of International Relations, The University of the West Indies. A Fellow of the Royal Society of Canada, his research focuses on the UN, global politics, and sustainable peace. His recent books include: Female Suicide Bombings: A Critical Gendered Approach (with Tanya Narozhna, 2016); Remapping the Americas: Trends in Region-Making (with Julian Castro-Rea and Hamid Ghany, 2014); and The Routledge Handbook of the Responsibility to Protect (2012).

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This article studies the overriding priority in approaches to development assistance and investment. It examines the role of the UN in promoting and encouraging democracy and good governance, and argues that the UN is in a position to strengthen and promote a new global norm that speculates upon democracy validates governance in the contemporary world.

As recently as the late 1970s, there were only forty countries whose governments were democratic. But with the end of the Cold War came a global shift towards democratic governance. Indeed, the final two decades of the last century witnessed a significant increase in efforts to promote democracy and good governance globally. ‘In the formal sense of civilian, constitutional, multiparty regimes,’ Larry Diamond writes, ‘there are more democracies in the world than ever before.’ 1

As a result of this ‘third wave,’ 2 over 120 countries, representing roughly two‐thirds of the global population, are today engaged in the process of building democratic systems of governance. The United Nations has been at the center of this activity, but it has discovered that the transition to democracy in many countries can be fleeting, imperiled, insecure, and fragile. 3 Based on Freedom House criteria, one third of the so‐called democracies are not really ‘free’ because their elected leaders are constrained by non‐elected and unaccountable groups within their jurisdiction, such as rebel forces and other irregular militia; political, ethnic, or religious violence limits individual freedom in those polities and thus undermines or inhibits political competition; or the elected leaders suppress the media, engage in corruption, and stifle political opposition. 4

Indeed, Marina Ottaway reminds us that in the last decade of the twentieth century there was a rise in semi‐authoritarian regimes—i.e., regimes that displayed characteristics of both democracy and authoritarianism. ‘They are ambiguous systems that combine rhetorical acceptance of liberal democracy, the existence of some formal democratic institutions, and respect for a limited sphere of civil and political liberties with essentially illiberal or even authoritarian traits.’ 5 These regimes are, in fact, threatened by democracy and simply go through the motions of elections and erecting certain institutions while resisting the kind of change that could threaten their power base.

Democratic governance is also threatened by emerging theocratic regimes, secessionists, terrorists, drug traffickers, organized criminals, state decay and failures, as well as by the effects of footloose transnational capital and untamed globalization. More than any other contemporary observer of the democratization phenomenon, David Held has warned of the disjuncture between formal state authority and the realities of the emerging global system. 6 The erosion of state autonomy by the global activities of transnational corporations (TNCs) combined with the nature of porous national borders raise the serious question of whether democracy and good governance should be the concern of regional and global intergovernmental organizations as well as states. Decisions that affect citizens are often made in some of these regional and global bodies.

In this context the UN system has devoted much time and energy to the issue of democratic governance. The importance of this theme was stressed at the turn of the century in the Millennium Development Goals (MDGs). At the Millennium Summit, it became evident that democratic governance was seen by most world leaders as central to the achievement of the goals. It was felt by these leaders that faced with crime, corruption, weak administrative structures, unaccountable leadership, and the social and political exclusion of minorities, several of the fledgling democracies would quickly regress into undemocratic practices and result in the MDGs becoming even more elusive. Thus, the spread of democracy and good governance is expected to provide an ‘enabling environment’ for achieving the MDGs. In fact, the Millennium Declaration represents at this stage the most explicit statement to date by member states in support of democratic and participatory governance. General Assembly resolution 55/2 approved that declaration, by which world leaders promised to spare no effort in promoting democracy, strengthening the rule of law, and recognizing human rights and fundamental freedoms, including the right to development.

This chapter examines the UN's role in promoting and encouraging democracy and good governance. The overall argument is that the UN is in a position to help promote and strengthen a new global norm which posits that democracy validates governance in the contemporary world; and, that in order to be considered ‘democratic,’ governments should not only engage in running periodic free and fair elections but also demonstrate the ability to govern inclusively and humanely, and to respect human rights and the rule of law. 7 Thus, it is not sufficient for the UN to establish democracy simply as a process, in the Schumpeterian sense. The world body must also ensure that any state that considers itself a ‘democracy’ is adhering to certain normative governance principles and specific requirements of democracy, including constitutionally guaranteed rights so as to prevent erosion of liberty, the abuse of power, ethnic and internecine strife, and even the outbreak of violence. 8 In addition, the UN must practice what it preaches and address its own democratic deficit. The chapter concludes by evaluating the extent to which the UN is succeeding in accomplishing the above.

Defining Democracy and Good Governance

Although we use the word ‘democracy’ often, its meaning is contested. Michael Saward points out that the word is a ‘signifier’ that evokes particular meanings in different people. Governments, dissidents, and dictators all claim it for their actions.

Saward presents the example of General Pervez Musharraf who overthrew the corrupt, but elected, leadership of Pakistan's Prime Minister, Nawaz Sharif, in October 1999. After the coup, Musharraf is quoted as saying that he was in fact instituting ‘not martial law, only another path towards democracy. The armed forces have no intention to stay in charge any longer than is absolutely necessary to pave the way for true democracy to flourish in Pakistan.’ He went on to say that under his leadership he would take Pakistan from ‘the era of sham democracy’ to ‘a true one’ 9 and institute a rolling series of local elections with the stipulation that six out of twenty‐one seats in all local councils be reserved for women candidates. He claims to have introduced democracy at the grassroots level and argued, quite convincingly, that democracy was not simply about elected government, but rather about how an elected government behaves, ‘whether it is democratic in its disposition.’ 10 Just when President Musharraf seemed about to introduce nationwide elections, 9/11 occurred. On 30 April 2002, President Musharraf sought from Pakistanis five more years in power, ‘deploying the most democratic of mechanism’—the referendum. 11 The new mandate has allowed him to become a key player in the US‐led global fight against terrorism. But clearly, Musharraf's democracy model is quite different from say that of the United States. Does this make Pakistan's version less democratic than the American one?

The United States is commonly regarded as a beacon of democracy. The US Declaration of Independence was not only about the right to self‐determination but also about the establishment of a democracy. But the US form was quite different from classical notions of democracy. James Madison, the fourth president, in the Federalist Papers No. 10 , clarified the nature of US democracy and made a distinction between a strictly ‘democratic Athenian‐style state’ and a republic. Whereas the former would consist of a society of a small number of citizens who assemble to administer the government in person, the latter would be a government in which the scheme of representation was paramount. And, being a republic was considered necessary for the United States because of its vast land expanse. Madison's objective was to create a governance system that could control a country with continental proportions.

Such a system would not allow individual citizens to play a direct political role in running the country. Instead, an Electoral College was developed that allowed citizens periodically to elect representatives to carry out the nation's business in Washington. In this system, a presidential candidate can get the most popular votes nationally and still lose the election on account of having fewer electoral college votes. This in fact happened in the 2000 Presidential race in which Albert Gore was able to gather more popular votes nationally than George W. Bush but still lose the presidency. The race boiled down to the results in Florida where serious questions existed about the fairness and equality of the vote. In the end, the Supreme Court decided the outcome.

Noam Chomsky reminds us that the US form of democracy was based on protecting the opulent minority from the tyranny of the majority. He quotes James Madison as saying that political power ought to be in the hands of ‘the wealth of the nation,’ that is, those men who can be trusted to ‘secure the permanent interests of the country’ (the rights of the propertied), and to defend these interests against the ‘levelling spirit’ of those who ‘labour under all the hardships of life, and secretly sigh for a more equal distribution of its blessings.’ 12

Democracy thus has different meanings, and such factors as ‘local language, history, knowledge, levels of trust, [and] religion’ condition and shape the meaning conveyed by the term ‘democracy.’ 13 But according to the Greek origin of the term, democracy means rule of the people— demos means ‘people’ and kratos means ‘authority’ or ‘power.’ It is a system of government in which supreme authority lies with the people. The governance in a democracy can be direct or indirect, but the governors can only rule with the consent of the governed.

The UN's operational definition has the following characteristics: government decisions made in consultation with a country's citizens or via elected representatives; frequent and fair elections of representatives who exercise their constitutional powers without violent opposition from unelected officials; universal adult suffrage; all adults have the right to run for public office; freedom of expression without the risk of state punishment; free access to alternative sources of information that are protected by law; freedom of association; and all citizens have the right to form independent associations and organizations, including independent political parties and interest groups. Amartya Sen provides a snapshot of the current status of this form of governance:

While democracy is not yet universally practiced, nor indeed uniformly accepted, in the general climate of world opinion democratic governance has now achieved the status of being taken to be generally right. The ball is very much in the court of those who want to rubbish democracy to provide justification for that rejection. 14

The term ‘governance’ has been long associated with democracy—coming from the Greek word meaning ‘to steer,’ which can be for either good or evil ends. Major donors and international financial institutions (IFIs) have been increasingly conditioning their aid and loans on ‘good governance.’ As argued below, African states and states in transition have more often than not been the main targets for implementing such good governance measures.

The term ‘good governance’ is often used to refer to the promotion of the rule of law and equal justice under the law, and to a governing process that ensures that political, social, and economic priorities of a state are based on a broad consensus within its civil society. In addition, good governance is now generally accepted to mean a process through which governments actively address socioeconomic problems facing their citizens. As Kofi Annan has noted, ‘Good governance is perhaps the single most important factor in eradicating poverty and promoting development.’ 15

Another take on good governance can be found in Article 9 (3) of the Cotonou Partnership Agreement between the European Union (EU) and seventy‐seven countries from sub‐Saharan Africa, the Caribbean and the Pacific. This article specifies that good governance is:

The transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development, in the context of a political and institutional environment that upholds human rights, democratic principles and the rule of law. 16

Other definitions of good governance focus on social and political concerns while yet others reveal a more technical economic side. A brief overview of donors' definitions illustrates this well. For example, in the IMF good governance refers generally to the technical economic aspects of governance—the transparency of government accounts, the effectiveness of public resources management, and the stability of the regulatory environment for private sector activity. In the Organization for Security and Co‐operation in Europe (OSCE), the term focuses on the social dimension—to build, strengthen and promote democratic institutions as well as tolerance throughout society; whereas the Organisation for Economic Co‐operation and Development (OECD) stresses the politico‐legal dimension of good governance—the legitimacy of government, the accountability of the political elements of government, and respect for human rights and the rule of law.

By good governance, therefore, is meant a process of decision‐making that is participatory, inclusive, transparent, accountable, responsive, effective, and efficient. These elements are closely interrelated, and ideally all six aspects would be expected to work in synergy for good governance to exist.

The UN and Democratic Governance

Lawrence Finkelstein reminds us that ‘democracy’ does not appear in the Charter either as a condition of membership or as a goal of the United Nations. 17 Neither is it mentioned in the International Covenant on Civil and Political Rights or in the Universal Declaration of Human Rights, although there is reference in the latter document to human freedom, including freedom of religion and assembly. The word is also not to be found anywhere in the Charter of the IMF or in the Articles of Agreement for the five institutions comprising the World Bank Group.

Yet, the ideal of democratic governance underpins much of the UN's contemporary work. When the world body was founded, in addition to being an alliance against aggression, it was premised on the belief that stable, peaceful conditions within states would underpin peaceful and stable relations between them. But when did the UN become preoccupied with advancing and promoting democracy?

It began in December 1989 when the General Assembly in its resolution 44/146 finally took the stand that political legitimacy required democracy. This text underscores the significance of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which had established earlier that the authority to govern shall be based on the will of the people, as expressed in periodic and genuine elections. With the fall of the Berlin Wall a month earlier, a surge in democratic entitlement began and democracy started to acquire the status of a global norm. That same year, the UN supervised the Namibian elections in its transition from trusteeship to independence—the first time that the organization became engaged in democratic interventionism that combined traditional peacekeeping and observer tasks with actual institutional development. In February of the following year, the UN launched its first electoral observation mission within a member state, Nicaragua, and followed this up later in that same year with another such mission in Haiti.

In 1991 the Assembly took a major step in adopting resolution 46/137 to enhance the robustness of the global democracy norm. This text reaffirmed principles stated in the Universal Declaration of Human Rights and noted what would enhance the effectiveness of the principle of periodic and genuine elections: everyone should have the right to take part in the government of her/his country, either directly or through freely chosen representatives; everyone has the right of equal access to public service in her/his country; the will of the people should be the basis of the authority of government; the people's will shall be expressed in periodic and genuine elections which should be held by secret ballot; and universal and equal suffrage shall be accepted as the norm.

This resolution also referred to the provision in the International Covenant on Civil and Political Rights for ‘every citizen’ to take part in the conduct of public affairs, ‘without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’ It used this principle to condemn apartheid in South Africa and Rhodesia's systematic denial of the right of black people to vote. The Assembly also recognized that there was no single political system or electoral method equally suited to every country. Therefore, any attempt to assist in the implementation of periodic and genuine elections ‘should not call into question each State's sovereign right to choose and develop its own unique political, socio‐economic and cultural systems.’

Already by 1991, the UN was providing advisory services and technical assistance through the Centre for Human Rights to states that asked for help in the transition to democracy. In addition, technical assistance was being provided by the Department of Technical Co‐operation for Development (DTCD) and the United Nations Development Programme (UNDP). The UN gave direct technical electoral assistance to over eighty countries between 1989 and 1999.

Before the UN can provide any type of electoral assistance, it first does an evaluation of the preelection conditions in the country requesting assistance. The following procedure is then followed for a government to obtain help. First, the state must send an official written request for assistance to the UN Focal Point for Electoral Assistance Activities at least three months before the election is to be held, to allow for meaningful involvement. Usually those making the country request are from the national electoral authorities, the Office of the President, or the Ministry of Foreign Affairs. Second, the Electoral Assistance Division will then consult with the relevant regional division of the Department of Political Affairs (DPA) and the UNDP Resident Representative, among others, about whether preelection conditions in the requesting country satisfy the established criteria for UN electoral assistance. Third, if the Focal Point determines that an in‐depth assessment of the preelection conditions is required before deciding whether to provide assistance, the Electoral Assistance Division (EAD) in cooperation with UNDP will then dispatch a needs assessment mission to evaluate the political, material, institutional, and security situation in the requesting country. Fourth, the mission will also assess the appropriateness, necessity, and potential impact of UN assistance to ascertain whether the main contesting political parties and civil society representatives support the organization's involvement.

Over thirty of those states asking for UN technical assistance between 1989 and 1999 were from sub‐Saharan Africa. To assist the states that could not finance the electoral verification mission, a voluntary trust fund was created by the Secretary‐General. And, due to the increase in demand for assistance in the transition process to democracy, the Secretary‐General designated his under‐secretary‐general for political affairs as the Focal Point for Electoral Assistance Activities.

The democratization norm became even more robust in 1992 when Secretary‐General Boutros Boutros‐Ghali published his An Agenda for Peace . He asserted that democracy within nations ‘requires respect for human rights and fundamental freedoms,’ as set forth in the Charter. He continued by saying that democracy ‘requires as well a deeper understanding and respect for the rights of minorities and respect for the needs of the more vulnerable groups of society, especially women and children.’ For Boutros‐Ghali, this was not simply a political matter. As he put it:

The social stability needed for productive growth is nurtured by conditions in which people can readily express their will. For this, strong domestic institutions of participation are essential. Promoting such institutions means promoting the empowerment of the unorganized, the poor, the marginalized. To this end, the focus of the United Nations should be on the ‘field’, the locations where economic, social and political decisions take effect. 18

But the Secretary‐General did not limit the application of this democratization norm to states. In fact, he argued that the application of the relevant principles should also be taken seriously within the Secretariat. By this he meant that decision‐making at the UN ought to be based on attaining ‘the fullest consultation, participation and engagement of all States, large and small.’ It also meant applying the principles of the Charter consistently so that the moral authority of the organization would be sustained and the level of trust in the organization would increase. Boutros‐Ghali was the first UN Secretary‐General to assert that democracy at all levels was essential to attaining peace, prosperity and justice within the international system. 19 Increasing demand by member states for assistance in running elections led the world body to systematize and institutionalize its electoral assistance missions, and to this end the EAD was created in April 1992.

This new unit was responsible for: coordinating the electoral assistance activities of the UN system; reviewing requests for UN electoral assistance; undertaking needs assessment missions; developing operational strategies for the electoral components of peacekeeping operations; providing support to the activities of international observers; supporting the development of in‐country capacity to monitor elections; providing substantive advice and guidance to member states; maintaining a roster of international experts who could provide technical advice; advising and assisting the Focal Point of trust funds for UN electoral assistance activities; maintaining contact with regional, intergovernmental and nongovernmental organizations; supporting regional networks; preparing the Secretary‐General's annual report to the General Assembly on elections; establishing an internal information system; and organizing international conferences, workshops, seminars, and training courses on election‐related subjects with other organizations.

The ability of the EAD was soon tested with major electoral assistance missions in El Salvador, Eritrea, Cambodia, Angola, and the Western Sahara. The Angola mission was an utter failure due to the inadequate level of human and financial resources devoted to it. Civil conflict broke out in Angola immediately after the UN‐supervised elections in September 1992. However, the El Salvador Mission (ONUSAL) whose tasks included a combination of human rights monitoring, the monitoring of a ceasefire, peacekeeping, and civilian policing, helped bring to an end an ongoing civil war and bringing rebels into the constitutional process was considered successful. Another relatively successful mission was the UN Transitional Authority in Cambodia (UNTAC). This electoral assistance mission was instrumental in bringing about a peaceful transition to a multiparty system in that country. The UN spent over $2 billion in this effort and for a while literally ran the country and its bureaucracy. In UNTAC we saw the beginnings of what is now called post‐conflict peacebuilding. 20

Over the years since 1989, the UN has developed two main types of electoral assistance. The first is standard electoral assistance, and the second consists of major electoral missions usually conducted alongside extended peacekeeping/peacebuilding operations.

Standard Electoral Assistance Activities

Since its establishment, the EAD has learned to tailor electoral assistance to meet particular needs of requesting states. Although much of the literature has been devoted to examining the UN's role in supporting the election components of peacekeeping operations, the majority of the electoral assistance provided by the organization is relatively small‐scale, technical assistance activities that hardly require a specific mandate from the General Assembly or the Security Council.

There are at least four such small‐scale electoral assistance activities that deserve mention here. The first is the coordination and support of international observers—an activity utilized when a requesting member state invites several governments and organizations to observe an election. In such cases, the EAD generally establishes a small secretariat in the requesting country, with the assistance of UNDP. This secretariat coordinates and provides logistical support to international election observers (from other states, IGOs, and NGOs) that together make up the joint international observer group (JIOG). Throughout the operation of these missions, the UN is expected to maintain a public position of neutrality. The JIOG normally issues a joint statement of its findings in the pre‐ and immediate post‐election period, in addition to issuing their own reports. The costs of this type of assistance are generally offset by direct financing from member states that sponsor the observers. Such assistance activity allows the UN to retain a low profile and is one of the least intrusive on national sovereignty. This kind of electoral assistance was tried in Ethiopia and Kenya (1992), Niger (1993), Lesotho (1993), Malawi (1993 and 1994), Tanzania (1995), Armenia (1995), Azerbaijan (1995), Sierra Leone (1996), Mali (1997), and Algeria (1997).

The second set of UN electoral assistance activities fall under the rubric of ‘technical assistance.’ This is the most frequently requested type of electoral assistance and covers a broad range of both short‐term and long‐term assistance to national election authorities who are responsible for running elections in their countries. In such cases, the UN provides advice and assistance to electoral authorities in electoral administration and planning, voter registration, election budgeting, electoral laws review and regulations, the training of election officials, logistics, voter and civic education, procurement of election materials, coordination of international donor assistance, electoral dispute resolution, computerization of electoral rolls, boundary delimitation, among others.

The third UN electoral assistance activity falls under the heading of support for national election monitors, which focuses on building the domestic observation capacity by providing support to civil society groups that are monitoring elections on a non‐partisan basis. This type of assistance is usually provided to countries that are relatively well developed, pluralistic, and with a viable community of civic organizations that are able to undertake national election observation. Such support was provided, for example, in Mexico in 1994 and 1997.

The final electoral assistance activity is usually composed of UN political affairs officers who are sent to a country to do a follow‐up of the final phase of an electoral process. These officers then prepare internal reports for the Secretary‐General.

Major Electoral Missions

Major electoral missions must have a General Assembly or a Security Council mandate and are only considered in exceptional cases. They are normally a core part of a comprehensive peacekeeping operation. The following three types of electoral assistance activities fall in this category of major electoral missions.

The first is the organization and actual conduct of an election. When the UN is mandated to organize and conduct an election or referendum, it becomes a surrogate for national electoral authorities. To fulfill these missions, the world organization is usually required to establish a system of laws, procedures, and administrative measures that can be used in the holding of free and fair elections. The UN is also responsible for the administration of the electoral process, e.g., establishing a legal framework, registering voters, and conducting elections in accordance with international norms. These types of assistance missions are very costly and are unlikely except in extraordinary circumstances (e.g., in the case of failing or failed states). Typical examples of such major electoral missions include UNTAC, the UN Transitional Authority in Eastern Slavonia, Baranja and Western Sirmium (UNTAES), and the UN Mission for the Referendum in Western Sahara (MINURSO).

The second major electoral mission is also seldom undertaken by the UN and involves the supervision of an electoral process usually in the context of decolonization or trusteeship. In such cases, a special representative of the Secretary‐General is normally appointed to certify the results as well as to report on the fairness and appropriateness of the entire process. Examples of this kind of activity include the 1989 UN Transition Assistance Group (UNTAG) that supervised the elections leading to independence for Namibia.

The final major electoral activity is the verification of an electoral process. This is a more common type of electoral assistance that is provided in the context of a ‘major mission.’ It requires authorization by the Security Council or the General Assembly, but the requesting government remains responsible for the organization and conduct of elections. The results of UN verification missions are not legally binding, but they can lend legitimacy to an electoral process and help ensure compliance from the national electoral authorities with electoral regulations. On these missions, international observers are deployed throughout the country to scrutinize all aspects of the electoral process. Such verification missions have been undertaken in Angola (UNAVEM II), El Salvador (ONUSAL), Eritrea (UNOVER), Haiti (ONUVEH), Mozambique (UNOMOZ), Nicaragua (ONUVEN), South Africa (UNOMSA), and Liberia (UNOMIL).

The UN electoral assistance work is normally supported by several organizations of the UN system. With respect to technical assistance, the EAD works closely with UNDP, the Department of Economic and Social Affairs (DESA) and the United Nations Office for Project Services (UNOPS). At times, support is provided by the Centre for Human Rights and the United Nations Volunteers programme (UNV). Additionally, the Bretton Woods system has become involved in electoral monitoring and assistance activity particularly as it pertains to ‘good governance.’

The International Financial Institutions and Good Governance

Good governance and political liberalization as desirable ends were imposed on African governments by external actors. Disappointment with Africa's economic failure was compounded by corruption almost three decades after independence of several African countries from Western colonial rule. At the same time Central and Eastern European countries were breaking loose from the Soviet model, and for Western countries the search for a new foreign policy thrust to replace anti‐communism took on added urgency. 21

This eventually resulted in the transformation by the major Western industrial democracies of the fairly innocuous term ‘governance’ into a contentious political conditionality having as its focus the promotion of democracy. For many African governments and leaders, this new conditionality on top of other conditionalities associated with the Structural Adjustment Programs (SAPs) of the IMF was nothing short of a ticking time bomb. Even those African leaders who were genuinely committed to economic reform in their countries were dubious of the consequences of the political conditionality being imposed from outside. The conditionality promised to increase their dependence on external benefactors even as it encouraged home‐grown opposition to authoritarian regimes. The majority of these leaders resisted this program while others introduced cosmetic changes to their constitutions and organized ‘sham’ elections designed to preserve the political status quo while giving the appearance of adherence to the terms of conditionality.

The lukewarm reception that the campaign for good governance and democratization received from its African hosts raises the following question: can Africa's political leadership, in good faith, be expected to produce and guarantee the political reforms necessary for good governance to flourish? Because African leaders were reluctant at best and hostile at worst to governance and democratization reform, their commitment was, at best, questionable. It is therefore unlikely that they can be counted on to implement the necessary reforms that will lead to good governance on the continent.

Governance linked to democracy has become ‘the new political conditionality for the distribution of both bilateral and multilateral assistance to developing African countries,’ according to one African analyst. ‘Henceforth, financial aid and loans would be given only to countries tending toward pluralism, public accountability and human rights, and market principles. The test of democratization would be based on the presence of multiparty systems, free elections, press freedom, and an independent judiciary.’ 22

To date, almost half of the UN's 192 member states have requested assistance in conducting elections. 23 As of July 2002, ninety‐two states had requested some form of electoral assistance. Some states made more than one request for help with presidential and parliamentary elections. There were ninety‐eight cases of states asking for technical assistance. In some cases they needed help with electoral commissions or with drafting electoral laws. In other cases, they needed the UN to provide technical assistance in the planning of referendums or parliamentary elections. Certain requests were for broader support and actual coordination of elections. There were at least thirty‐eight such cases since 2002. During that time about nine states requested only needs assessment. There were at least fifty‐one cases in which the UN was simply unable to fulfill the request of the state that was asking for assistance. The reasons for this varied from ‘lack of funds’ to ‘insufficient lead time.’ Finally, there were a few cases in which states withdrew their requests, and at least one case (Togo) in which the UN's technical assistance was suspended because an election was postponed. 24

However, we are becoming increasingly aware that an election does not necessarily resolve many of the deep‐seated problems that plague states in transition to democracy, such as Kosovo, Afghanistan, Haiti, and Iraq. While the range of democracy assistance activities is wide, as indicated earlier, the primary focus of the EAD is essentially on getting the ‘process’ of democracy right.

Secretary‐General Kofi Annan is correct to state that democracy is now more widely accepted and practiced than at any other time in our history. 25 There is no doubt that the UN has helped to shore up this new global democratization norm. The Millennium Declaration provides the strongest and most unanimous statement to date from member states about the importance of democratic and participatory governance. Indeed, the MDGs are supposed to be achieved through good governance within all countries. The declaration calls on governments to spare no effort to ‘promote democracy and strengthen the rule of law.’ But democracy is about far more than elections. Boutros‐Ghali back in 1994 saw democracy as much more than creating conditions for free and fair elections. He felt that democratic development should be linked directly to good governance, to the promotion of adherence to human rights, and to rebuilding the rule of law and state institutions, particularly in war‐torn countries. 26

Democracy can be described as the only form of government that creates the space within which individuals can fully enjoy human rights. Only in a democracy can human rights truly be respected, and without human rights, there can be no genuine democracy. Because democracy generally delivers accountability, representative governments are far less likely to resolve disputes by armed conflict, and far more likely to ensure that resources are managed equitably. Thus, democracies can contribute to the preservation of peace and security. As human rights are respected in democracies, representative governments are far more likely to address the needs of those in society that often suffer lack of respect of their rights, including women, the poor, and minorities. The UN is helping to strengthen not only the norm of democracy but also the norm of good governance.

Global democracy has to ‘move in two different directions simultaneously. It must deepen democratic participation at the lower levels (local, national, regional), while broadening it at the higher level of global decision‐making.’ 27 In assisting states that are in need of consolidating their democratic processes, and in insisting that such processes be linked to good governance, the UN system has been making an important contribution to the deepening of democratic participation. Democratic practices can be further broadened at the global level if the UN succeeds in eliminating the democratic deficits within its various bodies.

1 Larry Diamond , Promoting Democracy in the 1990s: Actors and Instruments, Issues and Imperatives: a Report to the Carnegie Commission on Preventing Deadly Conflict (Washington, DC: Carnegie Corporation of New York, 1995), 1 .

2 See Samuel P. Huntington , The Third Wave: Democratization in the Late Twentieth Century (Norman: University of Oklahoma Press, 1991) .

3 On this point see UNDP, Human Development Report 2000: Overcoming Human Poverty (New York: Oxford University Press, 2000), 56 .

4 Adrian Karatnycky , Charles Graybow , Douglas W. Payne et al., Freedom in the World: The Annual Survey of Political Rights and Civil Liberties, 1994–1995 (New York: Freedom House, 1995), 3 .

5 Marina Ottaway , Democracy Challenged: The Rise of Semi‐Authoritarianism (Washington, DC: Carnegie Endowment for International Peace, 2003), 3 .

6 David Held , ‘Democracy, the Nation State and the Global System,’ in Political Theory Today , ed. David Held (Cambridge: Polity, 1991), 214–218 .

7 See Thomas M. Franck , ‘The Emerging Right to Democratic Governance,’ The American Journal of International Law 86, no. 1 (1992): 46–91 .

8 See Fareed Zakaria , ‘The Rise of Illiberal Democracies,’ Foreign Affairs 76, no. 6 (1997): 42 ; and Jack L. Snyder , From Voting to Violence: Democratization and Nationalist Conflict (New York: Norton, 2000) .

9 Quoted in Michael Saward , Democracy (Cambridge: Polity Press, 2003), 2–3 .

Rory McCarthy and Luke Harding, ‘Interview with General Pervez Musharraf (Special report on Pakistan),’ The Guardian Unlimited , 16 May 2001.

Saward, Democracy , 5.

Noam Chomsky, ‘How US Democracy Triumphed Again,’ The Independent , 14 January 2001.

Michael Saward, Democracy , p. 4.

Amartya Sen, ‘Democracy as a Universal Value,’ Journal of Democracy 10, no. 3 (1999): 5.

Kofi Annan, ‘Concept Paper on State of Governance in LDCs Report,’ 1, available at www.unpan.org .

The European Commission, The Cotonou Agreement: ‘Partnership agreement between the members of the African, Caribbean and Pacific groups of states on the one part, and the European Community and its member states, on the other part,’ available at www.europa.eu.int .

See Lawrence Finkelstein, ‘Essay: From Seeds to System—The United Nations Charter’, the UN Chronicle Online 42, no. 3, (2005), available at www.un.org .

18 Boutros Boutros‐Ghali, An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peacekeeping , UN document, A/47/277–S/24111, 17 June 1992, para. 81. Also see Boutros Boutros‐Ghali, An Agenda for Development , UN document A/48/935, 6 May 1994.

19 Ibid. , para. 82.

20 See Thomas F. Keating and W. Andy Knight , eds., Building Sustainable Peace (Tokyo: United Nations University Press, 2004) .

21 Thomas M. Callaghy , ‘Political Passions and Economic Interests: Economic Reform and Political Structure in Africa,’ in Hemmed In: Responses to Africa's Economic Decline , ed. Thomas M. Callaghy and John Ravenhill (New York: Columbia University Press, 1993) .

Ndiva Kofele Kale, ‘Good Governance as Political Conditionality,’ Democracy and Good Governance, Management Of Social Transformation (MOST) Project, Ethno Net Africa, ICASSRT, UNESCO 1999, available at www.ethnonet‐africa.org .

For a list of UN electoral assistance by country, see UNDP, ‘Member States Requests for Electoral Assistance to the United Nations,’ in Alphabetical Order since 1989 (As of July 2002), www.un.org .

For a more detailed breakdown of states' requests for electoral assistance see the United Nations, Department of Political Affairs, Electoral Assistance Division, ‘Member States' Requests for Electoral Assistance to the United Nations System,’ www.un.org .

25 Kofi Annan , ‘In Larger Freedom: Decision Time at the UN,’ Foreign Affairs 84 no. 3, (2005): 63–74 .

Boutros‐Ghali, An Agenda for Development , para. 21. Also see Boutros Boutros‐Ghali, Support by the United Nations System of the Efforts of Governments to Promote and Consolidate New or Restored Democracies (An Agenda for Democratization) , UN document A/51/761, 20 December 1996.

27 Majid Tehranian , ‘Democratizing Governance,’ in Democratizing Global Governance , ed. Eşref Aksu and Joseph A. Camilleri (Houndmills, Basingstoke, UK: Palgrave Macmillan, 2002), 56 .

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