Fundamentals of Governance: Day One - Governance

1. Fundamentals of Governance:Day One - Governance Ian Rennie

2. Programme Objectives • Participants will: • understand the fundamental principles of good governance • learn about governance and national and international legislative reform • understand the structures of good governance • develop awareness of administrative reform and its impact on governance issues • understand the roles of regulation, audit and accountability in good governance.

3. Timetable • Fundamental Principles of Good Governance • Structures of good Governance • Copenhagen Criteria • United Nations and Governance • Millennium Development Goals.

4. Governance : a definition • ‘Ensuring the organisation is doing the right things, in the right way, for the right people, in a timely, inclusive, open, honest and accountable manner.’ • UK Audit Commission.

5. Session 1 Fundamental Principles of Good Governance

6. Rule of Law • no person is above the law • no one can be punished by the state except for a breach of the law • no one can be convicted of breaching the law except in the manner set forth by the law itself.

7. Accountability • Political accountability is • the accountability of the government, civil servants and politicians • to the public and • to legislative bodies such as a congress or a parliament.

8. Free and Fair Elections • In any State the authority of the government can only derive from the will of the people ... • ... as expressed in genuine, free and fair elections ... • ... held at regular intervals on the basis of universal, equal and secret suffrage.

9. 12 Conditions • Adults should demonstrate equal probability of voting • Right sized constituencies • Adults should have some reasonable probability of becoming a candidate • There should be multiple candidates with reasonable probability of winning proportionate and equal financial resources and media access • Parties should offer policy alternatives that are only plausible and address issues of concern to citizens • There should be alternative sources of information protected by law, and ownership should not be so concentrated or monopolized ...

10. 12 Conditions • Sources of information are accessible in cost and citizens must be capable and motivated to make a “well-informed” choice • Competing political parties and associates are independent of state authorities, each other, and are not systematically drawn from one segment of the population • Parties or associations should not enjoy privileged recognition, access or subsidisation from state agencies or governments officials • Incumbent office-holders should not enjoy decisive advantage in subsequent elections • Winning candidates show high probability of fulfilling campaign promises • Political parties should monitor and sanction candidates that do not.

11. Checks and Balances • The separation of powers, is essential for the governance of a state • the state is divided into branches, each with separate and independent powers and areas of responsibility • no one branch has more power than the other branches • normal division of branches is into • an executive • a legislature and • a judiciary • in some countries also separation of church and state has been adopted.

12. Functioning Democracy • Only became fully developed in the last century • Before the First World War, women had the right to vote in only four countries • Finland, Norway, Australia and New Zealand • Outside Europe, North America and Australasia, there have only been a small number of long-standing democracies, such as Costa Rica in Latin America.

13. Expansion of Democracy • Overthrow of military regimes in Greece, Spain and Portugal • Establishment of democracies in South and Central America in the ‘80s • Transition to democracy post 1989 in Eastern Europe, and parts of the ex Soviet Union • Followed then by a number of countries in Africa • In Asia since the early 1970s - in South Korea, Taiwan, the Philippines, Bangladesh, Thailand and Mongolia (India has remained a democratic state since its independence).

14. Session 3 Structures of Good Governance

15. What is the State? • an organized political community under one government or such a community forming part of a federal republic • state institutions include administrative bureaucracies, legal systems, and military or religious organisations.

16. Core Functions of the State ... • legitimate monopoly on the means of violence • administrative control • management of public finances • investment in human capital • delineation of citizenship rights and duties • provision of infrastructure services • formation of the market • management of the state’s assets (including the environment, natural resources, and cultural assets) • international relations (including entering into international contracts and public borrowing) • rule of law.

17. Central Civil Service Responsibilities • to provide the Government of the day with: • advice on the formulation of the policies • to assist in carrying out the Government's decisions • to manage and deliver Government services. • civil servants therefore: • cannot express their own opinions, even in court or in front of a Parliamentary committee • must loyally carry out Ministers' decisions with precisely the same energy and good will, whether they agree with them or not, and • ... must demonstrate four core values: • Integrity • Honesty • Objectivity • Impartiality.

18. Local Government • Local government refers collectively to administrative authorities over areas that are smaller than a state • Levels below nation-state level (central, national or federal government) • Generally acts within powers delegated to it by legislation or directive • Federal states may have two levels of government above the local level: the governments of the states and the federal national government • In modern nations, local governments usually have some of the same powers as national governments, including some that raise taxes.

19. Potential services provided locally • Public information and archiving, such as libraries • Public transportation • Social housing • Social services • Telecommunications • Town planning • Waste management • Water services. • Broadcasting • Education • Electricity • Environmental protection • Fire service • Gas • Health care • Military • Police service

20. Regional Autonomy • decentralization of governance to outlying regions • examples of autonomous regions include: • the Guangxi Zhuang Autonomous Region in China • the Cherokee Nation in the United States • devolved administrations in the UK (Scotland, Wales and Northern Ireland).

21. Types of Decentralisation • Political • Administrative • De-concentration • Delegation • Devolution • Fiscal • Economic.

22. Local democracy • Representative democracy: • Refers to the election of representatives who operate at local level • In the UK this means councillors (rather than at a national level Members of Parliament) • Participative democracy: • Where citizens are involved more directly in decision making • In the UK this means participating in a single or multiple issue referenda.

23. Government Procurement ... • ... is the procurement of goods and services on behalf of a public authority, such as a government agency • 10 to 15% of GDP in developed countries • up to 20% in developing and transition countries • accounts for a substantial part of the global economy • the laws of most countries regulates government procurement more or less closely to prevent fraud, waste, corruption or local protectionism • also subject to the Agreement on Government Procurement, WTO International Treaty.

24. Session 3 COPENHAGEN CRITERIA

25. Copenhagen • In 1993, at the Copenhagen European Council, the Union agreed that “the associated countries in Central and Eastern Europe that so desire shall become members of the European Union.” • enlargement was no longer a question of ‘if’, but ‘when’ • accession will take place as soon as an associated country is able to assume the obligations of membership by satisfying the economic and political conditions required.

26. Copenhagen European Council ‘93 • Membership criteria require that the candidate country must have achieved ... • stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities • the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union • the ability to take on the obligations of membership including adherence to the aims of political, economic & monetary union.

27. Madrid European Council ‘95 • Membership criteria also requires that the candidate country must have created the conditions for its integration through the adjustment of its administrative structure • While it is important that EU legislation is transposed into national legislation, it is even more important that the legislation is implemented effectively through appropriate administrative and judicial structures • This is a prerequisite of the mutual trust required by EU membership.

28. Session 4 The United Nations and governance

29. UN Principles • Governance is considered “good” and “democratic” to the degree in which : • Aa country’s institutions and processes are transparent • Its institutions refer to such bodies as parliament and its various ministries • Its processes include such key activities as elections and legal procedures, which must be seen to be free of corruption and accountable to the people • The UN believes that a country’s success in achieving this standard has become a key measure of its credibility and respect in the world.

30. UN Principles • Good governance promotes equity, participation, pluralism, transparency, accountability and the rule of law, in a manner that is effective, efficient and enduring • In practice the holding of free, fair and frequent elections, representative legislatures that make laws and provide oversight, and an independent judiciary to interpret those laws.

31. UN Guidance and Support • The UN Development Programme (UNDP) supports national processes of democratic transition • Provides policy advice and technical support - strengthening the capacity of institutions and individuals • It engages in advocacy and communications, supports public information campaigns, and promotes and brokers dialogue • It also facilitates “knowledge networking” and the sharing of good practices.

32. UN Guidance and Support • The International Monetary Fund (IMF) promotes good governance through its programmes of lending and technical assistance • It tackles corruption emphasising prevention, through measures that strengthen governance • It encourages member countries to improve accountability by enhancing transparency in policies, in line with internationally recognised standards and codes • It works with poor countries, by trying to use systems for tracking public expenditures relating to poverty reduction • It also provides policy advice on governance-related issues.

33. UN Guidance and Support • The United Nations Democracy Fund (UNDEF), established in 2005, supports projects that: • strengthen the voice of civil society • promote human rights • encourage the participation of all groups in democratic processes • Most of its funds go to local civil society organisations, both in the transition and consolidation phases of democratisation.

34. UN Guidance and Support • The United Nations Public Administration Network (UNPAN) was created to set up an internet-based network to link regional and national public administration institutions • It facilitates the exchange of information and experience, as well as training in the area of public sector policy and management • Its long-term goal is to build the capacity of regional and national institutions, with the aim of improving public administration overall.

35. Session 5 Millennium development goals and governance

36. The Goals • In 2000 189 world leaders at the United Nations Millennium Summit committed to the Millennium Development Goals

37. Poverty and Hunger TARGETS • Halve, between 1990 and 2015, the proportion of people whose income is less than $1 a day • Achieve full and productive employment and decent work for all, including women and young people • Halve, between 1990 and 2015, the proportion of people who suffer from hunger.

38. Education TARGET • Ensure that, by 2015, children everywhere, boys and girls alike, will be able to complete a full course of primary schooling.

39. Equality TARGET • Eliminate gender disparity in primary and secondary education, preferably by 2005, and in all levels of education, no later than 2015.

40. Child health TARGET • Reduce by two thirds, between 1990 and 2015, the mortality rate of children under five.

41. Maternal Health TARGETS • Reduce by three quarters, between 1990 and 2015, the maternal mortality ratio • Achieve, by 2015, universal access to reproductive health.

42. Combat HIV TARGETS • Halt and begin to reverse, by 2015, the spread of HIV/AIDS • Achieve, by 2010, universal access to treatment for HIV/AIDS for all those who need it • Halt and begin to reverse, by 2015, the incidence of malaria and other major diseases.

43. Environmental sustainability TARGETS • Integrate the principles of sustainable development into country policies and programmes and reverse the loss of environmental resources • Reduce biodiversity loss, achieving, by 2010, a significant reduction in the rate of loss • Halve, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation • Achieve, by 2020, a significant improvement in the lives of at least 100 million slum dwellers.

44. Global partnership TARGETS • Develop further an open, rule-based, predictable, non-discriminatory trading and financial system • Address the special needs of least developed countries, landlocked countries and small island developing states • Deal comprehensively with developing countries’ debt • In cooperation with pharmaceutical companies, provide access to affordable, essential drugs in developing countries • In cooperation with the private sector, make available benefits of new technologies, especially ICTs.

45. Session 6 Discussion and Close