The connection between human rights, good governance and sustainable development Case Study Click on the following links for further information about this case study: Teacher's Notes Student Activities Introduction Various developing countries that are quite similar in terms of their natural resources and social structure have shown strikingly different performance in improving the welfare of their people. Why is this? Research suggests that some countries do better than others because they have 'good governance' and a good human rights record. Good governance and human rights are a vital part of the Australian Government's overseas aid program. This case study looks at the concept of good governance, the link between good governance and human rights and the status of human rights in the Asia Pacific Region. Governance - What is it? The term governance is used to describe the way in which a country is governed. It has a much broader meaning than the term government. 'Government' describes the political, economic and administrative processes carried out by the political party that is in power. This can be called the government sector. The term 'governance' includes the government sector but adds two more sectors, business and civil society. The business sector includes both large and small businesses while the civil society sector includes a range of organisations which people have created to meet a variety of needs. All three sectors contribute to the way in which society is governed. What is good governance? Good governance is achieved under a democratic political system in which the actions of all three sectors contribute to the good of society. It is most likely to occur when the government sector has high quality public sector institutions and when the nation has a strong civil society. Public sector institutions look after the everyday administration of government. They are responsible for the provision of goods and services such as the supply of electricity and the provision of education. Sustainable development is more likely to occur when these institutions are efficient, accountable and transparent. An institution is 'transparent' when its activities are open to public examination. This means that someone outside of the institution, who has no vested interest in hiding inefficient or corrupt practices, can be appointed to check administrative and financial procedures. This makes sure that the public interest is properly served. An institution is 'accountable' when it has to justify its expenditure and its decisions to an independent person or organisation appointed to represent the public interest. It demonstrates its accountability through the provision of financial and administrative reports. Good governance means an institution's activities are transparent and open to public examination.   The term 'civil society' describes the ways in which people come together and organise themselves around common interests. Organisations formed out of these common interests are called 'civil society organisations'. Some examples are listed below: Ukrainian Society (Ethnic group) Soccer Club (Sporting association) Uniting Church Women's Group (Religious group) Society of Accountants (Professional association) Women's Electoral Lobby (Community group) Amnesty International (Non government organisation) Citizens against overhead cables (Pressure group) Civil society organisations: make it possible for people to influence government policy on issues which concern them; provide people with a way of gaining access to public resources; give people an opportunity to mix socially and to make a contribution to society. This helps to create a society based on trust and mutual respect. What comes first good governance or human rights? Asking this question is a bit like trying to find out whether it was the chicken which came first or the egg. In this instance, the answer is neither. Good governance and human rights develop together. Outlined below are some key principles of good governance and an explanation of how each is linked with a particular type of human right. Good governance principle Human rights link Democratic government and processes A truly democratic government cannot occur unless individuals have guaranteed civil and political rights. This means they can freely express their views without fear of being arrested, tortured or discriminated against. Effective public sector institutions These institutions are developed through good government policy but they cannot be administered effectively unless the staff has access to economic human rights, such as adequate pay. Adequate pay enables people to support themselves properly and so reduces corruption. This improves governance. The primacy of the rule of law and an impartial and effective legal system. The primacy of the rule of law and an impartial legal system protects the civil rights of all people in relation to their property, personal security and liberty. The legal and judicial system should be independent of the government so that it can serve the interests of its citizens rather than a particular political party. In this way it protects the civil rights of its citizens against a predatory state. A strong civil society Civil society is about people contributing to the governing of their country through their participation in the community. It is difficult to participate if you are poor, unemployed, hungry, homeless and uneducated. People who live under these conditions are being denied their economic, social and cultural rights. Good governance cannot truly occur until these rights are guaranteed by a government willing to take responsibility for the social security of its people. A high priority on investing in people Investing in people means creating a skilled workforce. This cannot occur unless basic economic and social human rights are met including the right to adequate education, health services, food, and shelter. Careful management of the national economy A government which does not manage its economy well will not have enough resources to guarantee basic human rights. However, if these rights are not met it is difficult to create the accountable and transparent institutions so vital to good governance and to sustainable development. The status of human rights in the Asia Pacific Region Human Rights have become a major issue in the Asia Pacific Region. Increased global media coverage of human rights abuses and a growing awareness of the interdependent nature of the global community means that nations refusing to conform to international human rights standards risk pariah status and, in some cases, economic sanctions. Unlike other parts of the world, the Asia Pacific has no regional human rights treaty and commission. Although there has been a rapid growth of national human rights institutions in the region, its sheer size (a third of the world's area) and the diversity of its population, make it difficult for an agreement to be reached on a regional treaty and commission. In response to this difficulty and in recognition of the vital links that exist between good governance, human rights and sustainable development, representatives from several countries have come together to set up the Asia Pacific Forum of National Human Rights Organisations. The Asia Pacific Forum acts as an umbrella body for independent national human rights institutions in the Asia Pacific Region. Membership is based on institutions meeting certain basic criteria. For instance, they must have a commitment to meeting the universal human rights standards as set out in the Universal Declaration of Human Rights. The Forum, currently funded by the Australian and New Zealand Governments, was officially established in 1996. It aims to provide a cooperative framework within which human rights institutions can pool their skills and undertake joint enterprises to improve the standard of human rights in the region. One of the Forum's main objectives is to improve the effectiveness and efficiency of regional human rights institutions. Why and how can Australia help to improve human rights in the region? In Australia we take for granted a range of human rights that do not necessarily exist everywhere else. For instance, we can vote without being intimidated and we do not expect to be persecuted for our religious or political beliefs. But has this always been the case? An examination of Australian history indicates otherwise. For a long time the only people who could vote were men with property. Women and indigenous people were discriminated against in a variety of areas such as employment opportunities and social and cultural freedom. There were no laws which made sure people received a fair wage and only wealthy people could afford legal representation. If you were unemployed or a single mother the government provided no benefits to help you out. In Australia, these rights were won by dedicated people working through the political process and through community and lobby groups. The struggle to improve our human rights and to maintain a high standard of human rights continues in Australia today. One way in which our human rights are maintained is through the Australian Human Rights and Equal Opportunity Commission, another is through the fostering of strong institutions that are accountable, transparent and efficiently managed. Our managers have expertise in record keeping, financial planning and computer systems; staff are employed according to strict laws which prevent discrimination on the basis of race, gender or religious belief and which enforce the principles of equal opportunity and equal pay. Investing in people means creating a skilled workforce. This involves ensuring basic human rights are met including the right to adequate education.   In developing countries basic human rights are not always guaranteed. People can be wrongfully imprisoned and are not assured the basic social security of adequate food, shelter and health care. Administrators in these countries do not always have access to the educational opportunities and training programs which we in Australia take for granted. Office workers are frequently under skilled, underpaid and carry out their work in poorly equipped offices. The insecurity of everyday life in many developing countries sometimes encourages an organisational 'culture' where it is accepted as normal to put self interest before the public interest. This causes people to increase their income and safeguard their lifestyle by accepting and demanding bribes. It also results in unfair and inefficient staffing practices. For instance, a person might be employed on the basis of their relationship with someone in the organisation or because they paid a bribe to get the job, rather than because they had the necessary skills. The type of everyday corruption described above can be combated by introducing good governance practices. For instance, much bribery occurs because government officials have wide discretionary powers. This means that the daily administrative decisions made by officials are not governed by clear regulations and laws but are left instead to the discretion of the individual official. This provides officials with opportunities to demand bribes for standard services such as the issuing of licences and makes it difficult for customers to know what is legally required of them. In this sort of environment the demanding and paying of bribes becomes a way of life. Such practices can be minimised by adopting administrative methods that use principles of good governance such as transparency and accountability. The introduction of clear rules and regulations, combined with proper recording and accounting procedures which are audited by an independent organisation, can significantly reduce opportunities for this type of corruption. Government services are then able to function in the public interest rather than acting as a vehicle to benefit the private individual. Incentives for corruption can also be reduced by adopting the good governance principle of investing in people. Officials who are provided with adequate education, training and pay rates are more likely to behave professionally and ethically and to regard their occupation as a public service rather than a means to self enrichment. Finally, while it is important to supply good governance through accountability mechanisms it is also necessary to encourage the public to demand good governance by educating them about their rights and providing them with access to representation when they feel that they have been treated unfairly or subjected to corrupt practices. Australia has expertise in the development of administrative practices which are efficient, transparent and accountable. It also has considerable experience in improving its own human rights standards and of educating the public about their rights. Australia is, therefore, in a good position to offer assistance to other countries' national human rights organisations. As these organisations become more effective, the standard of human rights will improve and so will the standard of governance. Outlined below is an example of a human rights institution building project sponsored by the Australian Government. Project: Institutional support for the Indonesian National Human Rights Commission This project is funded by the Australian Government's overseas aid program. It is being jointly managed by the Indonesian National Human Rights Commission (Komnas HAM) and the Australian Human Rights and Equal Opportunity Commission (HREOC). The overall aim of the project is to strengthen the ability of Komnas HAM to meet its mandate to protect and promote human rights in Indonesia. Project Rationale - Why the Australian Government considers it a good idea to fund the project Australia is very much a part of the Asia Pacific Region and Indonesia is one of her nearest neighbours. It is, therefore, in Australia's interests to encourage both political stability and sustainable development in Indonesia. The Australian and Indonesian Governments consider that this can only be achieved through good governance including respect for and promotion of human rights. Assistance to Komnas HAM to develop its institutional capacity is part of the Australian Government's strategy to promote good governance in Indonesia. Objectives - What the project hopes to achieve The training of staff in modern management techniques and systems as they relate to a human rights organisation; To increase the knowledge and awareness of Komnas HAM staff with regard to the role and functions of a national human rights institution and with regard to the international human rights standards which must be met; To increase awareness of human rights principles and national human rights institutions amongst the Indonesian civil services, armed forces, police, judiciary, academic institutions and non government organisations. Examples of project activities Development and adoption by Komnas HAM of a five-year strategic plan Development of a complaints procedure manual and computerised database for handling complaints Training in complaints handling and investigations techniques for staff Training in procedures for staff recruitment Assistance with the development of an education and public relations training program   Top © Commonwealth of Australia