Corruption, human rights &

development: sovereignty & state

capacity to promote good
governance








Under supervision of Ms. Ritika Behl
Amity Law School, Amity University, Noida

By- PRABJOT KAUR
A3211110181
BA.LL.B(H), Sec-A
2011-2016

ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would not have been possible
without the kind support and help of many individuals and organizations. I
would like to extend my sincere thanks to all of them. I am equally grateful to
my teacher. She gave me moral support and guided me in different matters
regarding the topic. She had been very kind and patient while suggesting me
the outlines of this project and correcting my doubts. I thank her for her
overall supports. Despite of her busy schedule she never ignored to help me.

PRABJOT KAUR
A3211110181


TABLE OF CONTENT

1. Introduction

2. How are good governance and human rights linked?

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

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

5. Human rights council

6. Conclusion

7. Bibliography


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 process
for making those decisions.
Good decision-making processes, and therefore good governance, share several
characteristics. All have a positive effect on various aspects of local government
including consultation policies and practices, meeting procedures, service quality
protocols, councilor and officer conduct, role clarification and good working
relationships.

WHAT ARE THE MAIN CHARACTERISTICS OF GOOD GOVERNANCE?
Good governance is accountable
Accountability is a fundamental requirement of good governance. Local
government has an obligation to report, explain and be answerable for the
consequences 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 which
legislative requirements (when relevant) council followed.


Good governance follows the rule of law
This means that decisions are consistent with relevant legislation or common law
and are within the powers of council. In the case of Victorian local government,
relevant legislation includes the Local Government Act 1989 and other legislation
such as the Public Health and Wellbeing Act 2008, and the Equal Opportunity Act
2010.
Good governance is responsive
Local government should always try to serve the needs of the entire community
while balancing competing interests in a timely, appropriate and
responsive manner.
Good governance is equitable and inclusive
A communitys wellbeing results from all of its members feeling their interests
have been considered by council in the decision-making process. This means that
all groups, particularly the most vulnerable, should have opportunities to
participate 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 the
best possible results for their community.
Good governance is participatory
Anyone affected by or interested in a decision should have the opportunity to
participate in the process for making that decision. This can happen in several
ways community members may be provided with information, asked for their
opinion, 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 the
council is required to either make decisions or delegate the decision-making
power to officers or Special Committees.

HOW ARE GOOD GOVERNANCE AND HUMAN RIGHTS LINKED?

Good governance and human rights are mutually reinforcing. Human rights
principles provide a set of values to guide the work of governments and other
political and social actors. They also provide a set of performance standards
against which these actors can be held accountable. Moreover, human rights
principles inform the content of good governance efforts: they may inform the
development of legislative frameworks, policies, programmes, budgetary
allocations 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 rights
relies on a conducive and enabling environment. This includes appropriate legal
frameworks and institutions as well as political, managerial and administrative
processes responsible for responding to the rights and needs of the population.

The links between good governance and human rights can be organized around
four areas:
Democratic institutions
When led by human rights values, good governance reforms of democratic
institutions create avenues for the public to participate in policymaking either
through formal institutions or informal consultations. They also establish
mechanisms for the inclusion of multiple social groups in decision-making
processes, especially locally. Finally, they may encourage civil society and local
communities to formulate and express their positions on issues of importance to
them.
Service delivery
In the realm of delivering state services to the public, good governance reforms
advance human rights when they improve the states capacity to fulfil its
responsibility to provide public goods which are essential for the protection of a
number of human rights, such as the right to education, health and food. Reform
initiatives may include mechanisms of accountability and transparency, culturally
sensitive 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 governance
initiatives reform legislation and assist institutions ranging from penal systems to
courts and parliaments to better implement that legislation. Good governance
initiatives may include advocacy for legal reform, public awareness-raising on the
national and international legal framework and capacity-building or reform of
institutions.
Anti-Corruption
In fighting corruption, good governance efforts rely on principles such as
accountability, transparency and participation to shape anti-corruption measures.
Initiatives may include establishing institutions such as anti-corruption
commissions, creating mechanisms of information sharing, and monitoring
governments use of public funds and implementation of policies.

Good governance, human rights and development
The interconnection between good governance, human rights and sustainable
development has been made directly or indirectly by the international community
in a number of declarations and other global conference documents. For example,
the Declaration on the Right to Development proclaims that every human person
and all peoples are entitled to participate in, contribute to, and enjoy economic,
social, cultural and political development . In the Millennium Declaration, world
leaders affirmed their commitment to promote democracy and strengthen the
rule of law as well as to respect internationally recognized human rights and
fundamental freedoms, including the right to development. According to the
United Nations strategy document on the millennium development goals (MDGs),
entitled The United Nations and the MDGs: a Core Strategy', "the MDGs have to
be situated within the broader norms and standards of the Millennium
Declaration," including those on human rights, democracy and good
governance.
THE CONCEPT OF GOOD GOVERNANCE IN THE MAIN
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

From a human rights perspective, the concept of good governance can be linked
to principles and rights set out in the main international human rights
instruments. Article 21 of the Universal Declaration of Human Rights recognizes
the importance of a participatory government and article 28 states that everyone
is entitled to a social and international order in which the rights and freedoms set
forth in the Declaration can be fully realized. The two International Covenants on
Human Rights contain language that is more specific about the duties and role of
governments in securing the respect for and realization of all human rights.
Article 2 of the International Covenant on Civil and Political Rights requires states
parties to respect and to ensure the rights recognized in the Covenant and to take
the necessary steps to give effect to those rights. In particular, states should
provide an effective remedy to individuals when their rights are violated, and
provide a fair and effective judicial or administrative mechanism for the
determination of individual rights or the violation thereof. Under the
International Covenant on Economic, Social and Cultural Rights, states are obliged
to take steps with a view to achieving progressively the full realization of the
rights recognized in the Covenant by all appropriate means.
The human rights treaty monitoring bodies have given some attention to the
different elements of good governance. In general comment No. 12, on the right
to food, the Committee on Economic, Social and Cultural Rights stated that Good
governance is essential to the realization of all human rights, including the
elimination of poverty and ensuring a satisfactory livelihood for all. The
Committee on the Rights of the Child has on several occasions addressed the
issue of governments capacity to coordinate policies for the benefit of the child
and the issue of decentralization of services and policy-making. It has also
addressed corruption as a major obstacle to the achievement of the Conventions
objectives. The Human Rights Committee generally addresses issues related to
the provision of adequate remedies, due process and fair trial in the context of
the administration of justice in each state. It regularly emphasizes the importance
of independent and competent judges for the adequate protection of the rights
set forth in the Convention.
WHY IT IS RELEVANT TO LINK HUMAN RIGHTS TO
CORRUPTION

This report explores the links between corruption and human rights on the
assumption that, if corruption occurs where there is inclination and opportunity, a
human rights approach may help to minimize opportunities for corrupt behavior
and make it more likely that those who are corrupt are caught and appropriately
sanctioned. A human rights approach also focuses attention on people who are
particularly at risk, provides a gender perspective, and offers elements of
guidance 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 and
individual 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 is
important because despite rhetoric, the political impact of most anti-corruption
programs has been low. Identifying the specific links between corruption and
human rights may persuade key actors public officials, parliamentarians, judges,
prosecutors, lawyers, business people, bankers, accountants, the media and the
public in general to take a stronger stand against corruption. This may be so
even in countries where reference to human rights is sensitive.
Human rights standards, as established in major international treaties and
domestic legislation, impose obligations on states. Focusing on specific human
rights will help to identify who is entitled to make claims when acts of corruption
occur and who has a duty to take action against corruption and protect those
harmed by it. A clear understanding of the practical connections between acts of
corruption and human rights may empower those who have legitimate claims to
demand their rights in relation to corruption, and may assist states and other
public authorities to respect, protect and fulfill their human rights responsibilities
at every level.


HUMAN RIGHTS COUNCIL
Resolution 7/11.
The role of good governance in the promotion and protection
of human rights The Human Rights Council,
Guided by the Universal Declaration of Human Rights as a common standard of
achievement of all peoples and all nations applying to every individual and every
organ of society, and also the Vienna Declaration and Programme of Action,
which affirmed that all human rights are universal, indivisible, interdependent and
interrelated,
Recalling Commission on Human Rights resolution 2005/68 of 20 April 2005 and
all previous relevant resolutions on the role of the good governance in the
promotion of human rights, as well as the United Nations Millennium Declaration,
Recognizing the importance of a conducive environment, at both the national and
the international levels, for the full enjoyment of human rights and fundamental
freedoms and of the mutually reinforcing relationship between good governance
and human rights,
Recognizing also that transparent, responsible, accountable and participatory
government, responsive to the needs and aspirations of the people, including
women and members of vulnerable and marginalized groups, is the foundation on
which good governance rests and that such a foundation is an indispensable
condition for the full realization of human rights, including the right to
development,
Emphasizing that democracies have embedded institutional advantages
incontestably favourable to sustainable development, and that when based on
the respect for human rights, they provide political incentives to Governments to
respond to the needs and demands of the people, allow for more informed and
extensive policy dialogue, are more adaptable, and create necessary checks and
balances on Government power,
Reaffirming the leading role played by the United Nations in developing and
promoting democracy and human rights, and recognizing the role of other
processes, including the International Conference of New or Restored
Democracies and the Community of Democracies,13.
Reaffirming also the importance of international and regional cooperation, when
required by the States in need, in order to facilitate the implementation of good
governance and anti-corruption practices at all levels,
Stressing that good governance at the national and international levels is essential
for sustained economic growth, sustainable development and the eradication of
poverty and hunger, as reflected in the 2005 World Summit Outcome,
Noting with satisfaction the outcomes of the respective conferences of the
Community of Democracies, held in Warsaw in 2000, in Seoul in 2002, in Santiago
in 2005 and in Bamako in 2007, at which the States committed themselves to
build on shared principles and goals to promote democracy in all regions of the
world, to support the integrity of democratic processes in societies on the
democratic path and to coordinate policies to enhance the effectiveness of
democratic governance,
Realizing that the fight against corruption at all levels plays an important role in
the promotion and protection of human rights and in the process of creating an
environment conducive to their full enjoyment,
Recognizing the increasing awareness in the international community of the
detrimental impact of widespread corruption on human rights, through both the
weakening of institutions and the erosion of public trust in government, as well as
through the impairment of the ability of Governments to fulfil their human rights
obligations, particularly the economic and social rights of the most vulnerable and
marginalized,
Recognizing also that effective anti-corruption measures and the protection of
human rights are mutually reinforcing and that the promotion and protection of
human rights is essential to the fulfilment of all aspects of an anti-corruption
strategy, Noting with attention the outcome of the first and second sessions of
the Conference of the States parties to the United Nations Convention against
Corruption, 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 on
anticorruption, good governance and human rights, held in Warsaw, on 8 and 9
November 2006, by the Office of the High Commissioner for Human Rights, and
noting 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 Nations
Convention 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 High
Commissioner 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 prepare
a publication on anti-corruption, good governance and human rights, drawing on
the results of the Warsaw conference;

4. Decides to continue its consideration of the question of the role of good
governance, including the issue of the fight against corruption in the promotion
and protection of human rights, at a future session.
CONCLUSION

To achieve Good Governance the Government shall be on a mission to follow
clarity, conviction, compassion and consistency in governance which are
prerequisites to achieve the principles and vision of good governance. Clarity
promotes transparency, participatory and efficient governance. Conviction
promotes accountable and effective governance. Compassion promotes
consensus oriented, equitable and inclusive governance.
Consistency promotes responsive governance, follows the rule of the law and
modernizes itself according to the needs and changes of the society upholding the
guiding principles of the Constitution. The Government shall act as a facilitator for
the people, market and civil society and remain a prudent regulator to ensure
social equity and fair competition in the society. The changes in the role of the
Government will be carefully defined and communicated so that the people will
understand that changes are in their interest. Decentralization is an essential part
of the government to make more efficient and responsive. The Government shall
Strengthen local government and management by devolving administrative and
economic powers and responsibilities. The Government will directly involve
people in the management of the services they use. The Government is
committed to minimize citizen interface with the Government Departments by
introducing the Internet, Web and groupware technologies will be used to create
national electronic highways and networks at all points of contact between the
people and the Government. The primary task of the government shall be to
ensure efficient and responsive services, making it easy for the people to gain
essential information from the government and ensure that they have recourse to
mechanisms that punish wrongdoing. Charters shall be introduced to improve the
quality and effectiveness of public services.


BIBLIOGRAPHY

http://www.ohchr.org/en/Issues/Development/GoodGovernance/Pages/GoodGo
vernanceIndex.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