Human Rights Project- Prabjot Kaur

8/10/2019 Human Rights Project- Prabjot Kaur

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Corruption, human rights &development: sovereignty & state

capacity to promote goodgovernance

Under supervision of Ms. Ritika Behl

Amity Law School, Amity University, Noida

By- PRABJOT KAUR

A3211110181BA.LL.B(H), Sec-A

2011-2016


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TABLE OF CONTENT

1. Introduction

2. How are good governance and human rights linked?

3. The concept of good governance in the main internationalhuman rights instruments

4. Why it is relevant to link human rights to corruption

5. Human rights council

6. Conclusion

7. Bibliography


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INTRODUCTION

"Good governance is vital to gaining and maintaining public trust"Good Practice Guide for Governing Bodies

WHAT IS GOOD GOVERNANCE?

Good governance is about the processes for making and implementing decisions.Its not about making correct decisions, but about the best possible processfor making those decisions.

Good decision-making processes, and therefore good governance, share severalcharacteristics. All have a positive effect on various aspects of local governmentincluding consultation policies and practices, meeting procedures, service qualityprotocols, councilor and officer conduct, role clarification and good workingrelationships.

WHAT ARE THE MAIN CHARACTERISTICS OF GOOD GOVERNANCE?

Good governance is accountable

Accountability is a fundamental requirement of good governance. Localgovernment has an obligation to report, explain and be answerable for theconsequences of decisions it has made on behalf of the community it represents.

Good governance is transparent

People should be able to follow and understand the decision-making process. This

means that they will be able to clearly see how and why a decision was made what information, advice and consultation council considered, and whichlegislative requirements (when relevant) council followed.
http://www.teqipgoodgovernance.in/good-practice-guide-governing-bodies.htmlhttp://www.teqipgoodgovernance.in/good-practice-guide-governing-bodies.html


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Good governance follows the rule of law

This means that decisions are consistent with relevant legislation or common lawand are within the powers of council. In the case of Victorian local government,

relevant legislation includes the Local Government Act 1989 and other legislationsuch as the Public Health and Wellbeing Act 2008, and the Equal Opportunity Act2010.

Good governance is responsive

Local government should always try to serve the needs of the entire communitywhile balancing competing interests in a timely, appropriate andresponsive manner.

Good governance is equitable and inclusiveA communitys wellbeing results from all of its members feeling their interestshave been considered by council in the decision-making process. This means thatall groups, particularly the most vulnerable, should have opportunities toparticipate in the process.

Good governance is effective and efficient

Local government should implement decisions and follow processes that make

the best use of the available people, resources and time to ensure thebest possible results for their community.

Good governance is participatory

Anyone affected by or interested in a decision should have the opportunity toparticipate in the process for making that decision. This can happen in severalways community members may be provided with information, asked for theiropinion, given the opportunity to make recommendations or, in some cases, be

part of the actual decision-making process.It is important to remember that under the Local Government Act 1989 thecouncil is required to either make decisions or delegate the decision-makingpower to officers or Special Committees.
http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/http://www.austlii.edu.au/au/legis/vic/consol_act/phawa2008222/http://www.austlii.edu.au/au/legis/vic/consol_act/eoa2010250/http://www.austlii.edu.au/au/legis/vic/consol_act/eoa2010250/http://www.austlii.edu.au/au/legis/vic/consol_act/eoa2010250/http://www.austlii.edu.au/au/legis/vic/consol_act/eoa2010250/http://www.austlii.edu.au/au/legis/vic/consol_act/phawa2008222/http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/


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HOW ARE GOOD GOVERNANCE AND HUMAN RIGHTS LINKED?

Good governance and human rights are mutually reinforcing. Human rightsprinciples provide a set of values to guide the work of governments and otherpolitical and social actors. They also provide a set of performance standardsagainst which these actors can be held accountable. Moreover, human rightsprinciples inform the content of good governance efforts: they may inform thedevelopment of legislative frameworks, policies, programmes, budgetaryallocations and other measures.

On the other hand, without good governance, human rights cannot be respected

and protected in a sustainable manner. The implementation of human rightsrelies on a conducive and enabling environment. This includes appropriate legalframeworks and institutions as well as political, managerial and administrativeprocesses responsible for responding to the rights and needs of the population.

The links between good governance and human rights can be organized aroundfour areas:

Democratic institutions

When led by human rights values, good governance reforms of democraticinstitutions create avenues for the public to participate in policymaking eitherthrough formal institutions or informal consultations. They also establishmechanisms for the inclusion of multiple social groups in decision-makingprocesses, especially locally. Finally, they may encourage civil society and localcommunities to formulate and express their positions on issues of importance tothem.

Service delivery

In the realm of delivering state services to the public, good governance reformsadvance human rights when they improve the states capacity to fulfil it sresponsibility to provide public goods which are essential for the protection of anumber of human rights, such as the right to education, health and food. Reform


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initiatives may include mechanisms of accountability and transparency, culturallysensitive policy tools to ensure that services are accessible and acceptable to all,and paths for public participation in decision-making.

Rule of law

When it comes to the rule of law, human rights-sensitive good governanceinitiatives reform legislation and assist institutions ranging from penal systems tocourts and parliaments to better implement that legislation. Good governanceinitiatives may include advocacy for legal reform, public awareness-raising on thenational and international legal framework and capacity-building or reform ofinstitutions.

Anti-Corruption

In fighting corruption, good governance efforts rely on principles such asaccountability, transparency and participation to shape anti-corruption measures.Initiatives may include establishing institutions such as anti-corruptioncommissions, creating mechanisms of information sharing, and monitoringgovernments use of public funds and implementation of policies.

Good governance, human rights and development

The interconnection between good governance, human rights and sustainabledevelopment has been made directly or indirectly by the international communityin a number of declarations and other global conference documents. For example,the Declaration on the Right to Development proclaims that every human personand all peoples are entitled to participate in, contribute to, and enjoy economic,social, cultural and po litical development . In the Millennium Declaration, worldleaders affirmed their commitment to promote democracy and strengthen the

rule of law as well as to respect internationally recognized human rights andfundamental freedoms, including the right to development. According to theUnited Nations strategy document on the millennium development goals (MDGs),entitled The United Nations and the MDGs: a Core Strategy', "the MDGs have tobe situated within the broader norms and standards of the MillenniumDeclaration," includin g those on human rights, democracy and goodgovernance.


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THE CONCEPT OF GOOD GOVERNANCE IN THE MAININTERNATIONAL HUMAN RIGHTS INSTRUMENTS

From a human rights perspective, the concept of good governance can be linkedto principles and rights set out in the main international human rightsinstruments. Article 21 of the Universal Declaration of Human Rights recognizesthe importance of a participatory government and article 28 states that everyoneis entitled to a social and international order in which the rights and freedoms setforth in the Declaration can be fully realized. The two International Covenants onHuman Rights contain language that is more specific about the duties and role ofgovernments in securing the respect for and realization of all human rights.Article 2 of the International Covenant on Civil and Political Rights requires statesparties to respect and to ensure the rights recognized in the Covenant and to takethe necessary steps to give effect to those rights. In particular, states shouldprovide an effective remedy to individuals when their rights are violated, andprovide a fair and effective judicial or administrative mechanism for thedetermination of individual rights or the violation thereof. Under theInternational Covenant on Economic, Social and Cultural Rights, states are obligedto take steps with a view to achieving progressively the full realization of therights recognized in the Covenant by all appropriate means.

The human rights treaty monitoring bodies have given some attention to thedifferent elements of good governance. In general comment No. 12, on the rightto food, the Committee on Economic, Social and Cultural Rights stated that Goodgovernance is essential to the realization of all human rights, including theelimination of poverty and ensuring a satisfactory livelihood for all. TheCommittee on the Rights of the Child has on several occasions addressed theissue of governments capacity to coordinate policies for the benefit of the childand the issue of decentralization of services and policy-making. It has alsoaddressed corruption as a major obstacle to the achievement of the Conventionsobjectives. The Human Rights Committee generally addresses issues related tothe provision of adequate remedies, due process and fair trial in the context ofthe administration of justice in each state. It regularly emphasizes the importanceof independent and competent judges for the adequate protection of the rightsset forth in the Convention.


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WHY IT IS RELEVANT TO LINK HUMAN RIGHTS TOCORRUPTION

This report explores the links between corruption and human rights on theassumption that, if corruption occurs where there is inclination and opportunity, ahuman rights approach may help to minimize opportunities for corrupt behaviorand make it more likely that those who are corrupt are caught and appropriatelysanctioned. A human rights approach also focuses attention on people who areparticularly at risk, provides a gender perspective, and offers elements ofguidance for the design and implementation of anti-corruption policies.

If corruption is shown to violate human rights, this will influence public attitudes.When people become more aware of the damage corruption does to public andindividual interest, and the harm that even a minor corruption case can cause,they are more likely to support campaigns and programs to prevent it. This isimportant because despite rhetoric, the political impact of most anti-corruptionprograms has been low. Identifying the specific links between corruption andhuman rights may persuade key actors public officials, parliamentarians, judges,prosecutors, lawyers, business people, bankers, accountants, the media and thepublic in general to take a stronger stand against corruption. This may be soeven in countries where reference to human rights is sensitive.

Human rights standards, as established in major international treaties anddomestic legislation, impose obligations on states. Focusing on specific humanrights will help to identify who is entitled to make claims when acts of corruptionoccur and who has a duty to take action against corruption and protect thoseharmed by it. A clear understanding of the practical connections between acts ofcorruption and human rights may empower those who have legitimate claims todemand their rights in relation to corruption, and may assist states and other

public authorities to respect, protect and fulfill their human rights responsibilitiesat every level.


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HUMAN RIGHTS COUNCIL

Resolution 7/11.

The role of good governance in the promotion and protectionof human rights The Human Rights Council,

Guided by the Universal Declaration of Human Rights as a common standard ofachievement of all peoples and all nations applying to every individual and everyorgan of society, and also the Vienna Declaration and Programme of Action,which affirmed that all human rights are universal, indivisible, interdependent andinterrelated,

Recalling Commission on Human Rights resolution 2005/68 of 20 April 2005 andall previous relevant resolutions on the role of the good governance in thepromotion of human rights, as well as the United Nations Millennium Declaration,

Recognizing the importance of a conducive environment, at both the national andthe international levels, for the full enjoyment of human rights and fundamentalfreedoms and of the mutually reinforcing relationship between good governanceand human rights,

Recognizing also that transparent, responsible, accountable and participatorygovernment, responsive to the needs and aspirations of the people, includingwomen and members of vulnerable and marginalized groups, is the foundation onwhich good governance rests and that such a foundation is an indispensablecondition for the full realization of human rights, including the right todevelopment,

Emphasizing that democracies have embedded institutional advantages

incontestably favourable to sustainable development, and that when based onthe respect for human rights, they provide political incentives to Governments torespond to the needs and demands of the people, allow for more informed andextensive policy dialogue, are more adaptable, and create necessary checks andbalances on Government power,


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Reaffirming the leading role played by the United Nations in developing andpromoting democracy and human rights, and recognizing the role of otherprocesses, including the International Conference of New or RestoredDemocracies and the Community of Democracies,13.

Reaffirming also the importance of international and regional cooperation, whenrequired by the States in need, in order to facilitate the implementation of goodgovernance and anti-corruption practices at all levels,

Stressing that good governance at the national and international levels is essentialfor sustained economic growth, sustainable development and the eradication ofpoverty and hunger, as reflected in the 2005 World Summit Outcome,

Noting with satisfaction the outcomes of the respective conferences of theCommunity of Democracies, held in Warsaw in 2000, in Seoul in 2002, in Santiagoin 2005 and in Bamako in 2007, at which the States committed themselves tobuild on shared principles and goals to promote democracy in all regions of theworld, to support the integrity of democratic processes in societies on thedemocratic path and to coordinate policies to enhance the effectiveness ofdemocratic governance,

Realizing that the fight against corruption at all levels plays an important role inthe promotion and protection of human rights and in the process of creating anenvironment conducive to their full enjoyment,

Recognizing the increasing awareness in the international community of thedetrimental impact of widespread corruption on human rights, through both theweakening of institutions and the erosion of public trust in government, as well asthrough the impairment of the ability of Governments to fulfil their human rightsobligations, particularly the economic and social rights of the most vulnerable andmarginalized,

Recognizing also that effective anti-corruption measures and the protection ofhuman rights are mutually reinforcing and that the promotion and protection ofhuman rights is essential to the fulfilment of all aspects of an anti-corruptionstrategy, Noting with attention the outcome of the first and second sessions of


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the Conference of the States parties to the United Nations Convention againstCorruption, held in Dead Sea, Jordan, in 2006, and in Bali, Indonesia, in 2008,

1. Welcomes the note by the United Nations High Commissioner for Human

Rights transmitting the report on the United Nations Conference onanticorruption, good governance and human rights, held in Warsaw, on 8 and 9November 2006, by the Office of the High Commissioner for Human Rights, andnoting the main themes discussed during the seminar:

(a) The impact of corruption on human rights;

(b) Human rights and good governance in the fight against corruption;

(c) The role of civil society, the private sector and the media;

(d) Fighting corruption while safeguarding human rights;14

2. Invites States to consider ratifying or acceding to the United NationsConvention against Corruption and to promote transparency, accountability,prevention and enforcement as key principles of anti-corruption efforts;

3. Welcomes the publication of the Office of the United Nations HighCommissioner for Human Rights entitled Good Governance Practices for the

Protection of Human Rights, pursuant to Commission on Human Rights

resolution 2005/68, and requests the Office of the High Commissioner to preparea publication on anti-corruption, good governance and human rights, drawing onthe results of the Warsaw conference;

4. Decides to continue its consideration of the question of the role of goodgovernance, including the issue of the fight against corruption in the promotionand protection of human rights, at a future session.


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CONCLUSION

To achieve Good Governance the Government shall be on a mission to followclarity, conviction, compassion and consistency in governance which areprerequisites to achieve the principles and vision of good governance. Claritypromotes transparency, participatory and efficient governance. Convictionpromotes accountable and effective governance. Compassion promotesconsensus oriented, equitable and inclusive governance.Consistency promotes responsive governance, follows the rule of the law andmodernizes itself according to the needs and changes of the society upholding the

guiding principles of the Constitution. The Government shall act as a facilitator forthe people, market and civil society and remain a prudent regulator to ensuresocial equity and fair competition in the society. The changes in the role of theGovernment will be carefully defined and communicated so that the people willunderstand that changes are in their interest. Decentralization is an essential partof the government to make more efficient and responsive. The Government shallStrengthen local government and management by devolving administrative andeconomic powers and responsibilities. The Government will directly involvepeople in the management of the services they use. The Government iscommitted to minimize citizen interface with the Government Departments byintroducing the Internet, Web and groupware technologies will be used to createnational electronic highways and networks at all points of contact between thepeople and the Government. The primary task of the government shall be toensure efficient and responsive services, making it easy for the people to gainessential information from the government and ensure that they have recourse tomechanisms that punish wrongdoing. Charters shall be introduced to improve thequality and effectiveness of public services.


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BIBLIOGRAPHY

http://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspx

http://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/

http://www.teqipgoodgovernance.in/

http://www.ohchr.org/Documents/Issues/Development/GoodGovernance/Corru

ption/HRCaseAgainstCorruption.pdf 40th meeting, 27 March 2008
http://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspxhttp://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspxhttp://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspxhttp://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/http://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/http://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/http://www.teqipgoodgovernance.in/http://www.teqipgoodgovernance.in/http://www.ohchr.org/Documents/Issues/Development/GoodGovernance/Corruption/HRCaseAgainstCorruption.pdfhttp://www.ohchr.org/Documents/Issues/Development/GoodGovernance/Corruption/HRCaseAgainstCorruption.pdfhttp://www.ohchr.org/Documents/Issues/Development/GoodGovernance/Corruption/HRCaseAgainstCorruption.pdfhttp://www.ohchr.org/Documents/Issues/Development/GoodGovernance/Corruption/HRCaseAgainstCorruption.pdfhttp://www.ohchr.org/Documents/Issues/Development/GoodGovernance/Corruption/HRCaseAgainstCorruption.pdfhttp://www.teqipgoodgovernance.in/http://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/http://www.goodgovernance.org.au/about-good-governance/what-is-good-governance/http://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspxhttp://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspx

Human Rights Project- Prabjot Kaur

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