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24 Gwigwi Mrwebi (formerly Pim) Street,

Newtown 2001, Johannesburg, South Africa.
PO Box 933, Southdale 2135,
Johannesburg, South Africa.
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CIVICUS Submission to the International Consultative Seminar of South

African Legislatures 2011

Presented by Mandeep S. Tiwana, Policy Manager, CIVICUS 17 March 2011

CIVICUS: World Alliance for Citizen Participation is a global movement of civil society
with members and partners in over 100 countries. CIVICUS works to strengthen
citizen action and civil society throughout the world, especially in areas where
participatory democracy and citizens’ freedom of association are threatened.

CIVICUS is honoured to be invited to the International Consultative Seminar hosted

by the South African Legislatures and welcomes the opportunity to make a
submission on “Harnessing Aid and Global Partnerships for Development in
South Africa and the Continent”. The Seminar is being convened under the overall
theme of “The Role of Legislatures in Achieving the Millennium Development Goals”.

The Millennium Declaration and Significance of MDG 8

In September 2000, world leaders made a historic commitment through the

Millennium Declaration to collectively uphold the principles of human dignity, equality
and equity at the global level.1 This commitment led to the establishment of the eight
Millennium Development Goals or MDGs. While the first seven goals contain key
aspirations in relation to human development and the improvement of living
standards, the eighth goal enjoins governments, the business sector and civil society
to forge a ‘Global Partnership for Development’. It has been referred to as the glue
that binds all the MDGs together and central to their realisation.

Target 12 for the achievement of the MDGs which corresponds to MDG 8 includes a
clear and unequivocal commitment to good governance, development and poverty
reduction – both nationally and internationally.2 It has been sourced from Section V of
the Millennium Declaration wherein world leaders made a solemn pledge stating that
“We will spare no effort to promote democracy and strengthen the rule of law, as well
as respect for all internationally recognized human rights and fundamental freedoms,
including the right to development”.

Advancing MDG 8 through a South African Development Partnership Agency

A new South African Development Partnership Agency offers vast possibilities for the
advancement of MDG 8.3 Setting up such an agency will help institutionalise as well

1
See UN General Assembly Resolution 55/2 http://www.un.org/millennium/declaration/ares552e.htm
2
http://www.unmillenniumproject.org/goals/gti.htm
3
http://www.irinnews.org/Report.aspx?ReportID=91651

1
as make visible South Africa’s development cooperation efforts in Africa and beyond.
Currently, South Africa provides Overseas Development Assistance (ODA) in Africa
to the tune of 0.475 billion US $ (2009 statistics).4

South Africa’s niche with regard to MDG 8 – democratisation and institution

building in Africa and the ‘south’

As plans for the launch of the South African Development Partnership Agency are
currently taking shape, it is critical that decision makers focus on carving a unique
niche for it; one which does not replicate existing efforts of other countries but
focuses on South Africa’s strengths and special contributions.

Notably, South Africa’s experience of democratisation and nation building promises

useful lessons for other countries in the ‘south’ and in Africa. With its record of steady
adherence to democratic values and the strength of its institutions, South Africa is
well placed to assume a leadership role in promoting democracy in the ‘south’. The
Ibrahim Index of African Governance which assesses and compares the quality of
governance across the Continent by using the parameters of safety and the rule of
law; participation and human rights; sustainable economic opportunity; and human
development, places South Africa at number 5 in the Continent with a comprehensive
score of 71 out of 100.5

Other measures of democracy affirm these findings. Since the transition from
apartheid to democratic rule, South Africa has also consistently ranked high on
Freedom House’s indicators for political freedoms and civil liberties.6 Amidst African
countries, South Africa places amongst the highest on the Press Freedom Index of
Reporters Without Borders and Transparency International’s Corruption Perception
Index.7 All this attests to the strength of South Africa’s democratic institutions.

The international advocacy group, Human Rights Watch affirms in its 2011 World
Report: “South Africa's pro-human rights constitution, stable government, democratic
institutions, independent judiciary, and strong economy mean it has great potential to
become a global human rights leader”.8 Nevertheless, to realise this potential, it is
important that South Africa’s policy makers remain abreast of the rapidly changing
political dynamics in Africa’s hinterland and beyond.

The current regional political context of upheavals, embattled civil society and
failing institutions

Political and social upheavals in North Africa as well as in a number of Sub-Saharan

countries such as Sudan, Ivory Coast and Zimbabwe have brought to the fore, the
pressing need for South Africa to exercise leadership on the Continent. At the time of
the writing of this submission, Tunisia and Egypt have experienced regime change
through the fall of authoritarian dictatorships. Libya is in the throes of a civil war. In
4
UN Office of the Special Advisor on Africa “Aid to Africa” Policy Brief No 1 page 3
http://www.un.org/africa/osaa/reports/2010_Aidbrief.pdf
5
See 2010 Ibrahim Index of African Governance, Mo Ibrahim Foundation
http://www.moibrahimfoundation.org/en/media/get/20101108_eng-summary-iiag2010-rev-web-2.pdf
6
See Freedom in the World 2011, Freedom House
http://www.freedomhouse.org/images/File/fiw/FIW_2011_Booklet.pdf .
7
See Press Freedom Index 2010, Reporters Without Borders http://en.rsf.org/press-freedom-index-
2010,1034.html and Corruption Perception Index 2010, Transparency International
http://www.transparency.org/policy_research/surveys_indices/cpi/2010/results
8
World Report 2011, Human Rights Watch page 171, Human Rights Watch
http://www.hrw.org/en/world-report-2011/

2
other places, the rule of long standing authoritarian heads of government is looking
shaky, offering a real possibility of transition to democracy for millions of people
across Africa. In this context, South Africa can offer significant lessons in nation
building.

Furthermore, the space for civil society has been consistently declining across many
African countries.9 Within the last five years a number of governments have
introduced restrictive laws and policies to limit society’s participation in governance
processes. New limiting legal frameworks for NGOs have been introduced in
Ethiopia, Uganda and Zambia for instance. Restrictive aid policies have been drawn
up in Sierra Leone and Zimbabwe to exclude civil society and opposition members
from having a say in the disbursement of aid. Civil society and political activists have
been murdered and/ or tortured in the Democratic Republic of Congo, Guinea, Kenya
and Rwanda. In this context too, South Africa with its enabling legal and operating
framework which contributes to its vibrant civil society has much to offer in terms of
good practices.

The existence of the above and other serious unresolved political crises on the
Continent is a poignant reminder of the failings of African multi-lateral institutions to
live up to the expectations in their founding documents to protect and promote good
governance, democratic values and human rights. There is a strong public perception
that the African Union and regional bodies are failing the people of Africa. Unless
democratic states like South Africa exercise strong and principled leadership at these
forums, they could easily become irrelevant.

The combination of the global financial crisis and the above mentioned factors,
coupled with serious governance failures is threatening to completely derail the
achievement of the biggest human endeavour of the 21st century (the MDGs) in much
of the developing world and particularly in Africa. Soon after the September 2010
High Level MDG Summit to assess progress on the MDGs, CIVICUS urged world
leaders to act decisively on the recommendations presented to them by civil society
experts.10

Factors needing urgent attention on the achievement of MDGs in Africa

It has been CIVICUS’ position that achieving the MDGs will require serious efforts
from world leaders to fulfil existing commitments, become accountable to each other
and their people and to ground MDG policies in the social justice and human rights
framework.

Recommendations for acceleration strategies to keep the MDGs on track for 2015
need champions amongst the international community both in the global north as well
as the south. South Africa can potentially play an important role by: (i) spearheading
the current proposal to tax financial transactions to raise funds for development and
poverty alleviation; (ii) pressuring rich countries to meet their overseas development
aid commitments of minimum 0.7% of their Gross National Income and urge both
donor and recipient countries to abide by the Paris Declaration on Aid Effectiveness
and the Accra Agenda for Action; (iii) supporting proposals to reform and regulate
financial structures to guard against economic meltdown and job losses; (iv) calling

9
See ‘Civil Society: The Clampdown is Real’, CIVICUS: World Alliance for Citizen Participation
http://www.civicus.org/content/CIVICUS-Global_trends_in_Civil_Society_Space_2009-2010.pdf
‘(Dis) Enabling the Public Sphere: Civil Society Regulation in Africa (Volume 1), Southern Africa
Trust and Trust Africa 2010
10
See CIVICUS press statement of 23 Sept 2010 http://www.civicus.org/press-release/1545

3
for the implementation of fair trade policies to reduce wealth disparities between rich
and poor countries; (v) leading by example by reducing dependence on fossil fuels
through support for energy efficient and green technology; and (vi) focusing national
development plans to prioritise women's empowerment, social security and equitable
distribution of wealth.

Opportunities for South Africa to harness aid and global partnerships in Africa

A major cause for the political crises on the Continent and the lagging progress on
the MDGs is the lack of strong democratic institutions in far too many African
countries. As archaic authoritarian structures give way to democratic aspirations,
constitution making in many African countries will become an imperative, and South
Africa has much to offer by means of ‘south – south’ cooperation.

South Africa’s unique and recent experience in ushering in a progressive constitution

that incorporates the finest principles of democratic polity from various political
systems across the globe is an important asset. South Africa also has something
substantial to offer in respect of its experiences with the Truth and Reconciliation
Commission to those countries looking to put in place national healing processes
after the end of long standing brutal dictatorships.

Moreover, speeding up progress on the MDGs will require the establishment of

strong national institutions to review and align MDG strategies with the international
human rights framework and set time bound targets to achieve goals; guarantee
public access to accurate and timely information on progress achieved with regard to
MDG targets; strengthen accountability mechanisms at the national and international
level to ensure compliance with MDG targets; and ensure public and civil society
participation in all MDG related processes. In this case, South Africa can offer
assistance on setting up and running what are known as the Chapter 9 institutions,
named after the chapter in the South African constitution which establishes and
guarantees the independence of the Office of the Public Protector; the South African
Human Rights Commission; the Commission for the Promotion and Protection of the
Rights of Cultural, Religious and Linguistic Communities; the Commission for Gender
Equality; the Office of the Auditor General; and the Electoral Commission.11

Conclusion – a progressive development agenda is best supported by a

coherent foreign policy

Offers of technical assistance to strengthen democracy and the protection of human

rights carry the greatest legitimacy when the state providing the support comes
across as an honest broker and genuine believer in them, both at home and abroad.
Foreign policy coherence and a progressive development agenda thus go hand in
hand. It is the job of parliaments to ensure to that this happens.

The spaces for South Africa to advance these values are manifold. South Africa is
currently a non-permanent member of the UN Security Council. It is an important
member of the G 20 group of the world’s strongest economies. It is a founding
member of the India, Brazil and South Africa (IBSA) tri-lateral group of emerging
democracies. It is a regular participant in meetings at the United Nations and the
African Union, including at the UN Human Rights Council and the AU’s Peace and
Security Council. South Africa plays a leading role in the Southern African

11
See the Constitution of South Africa http://www.info.gov.za/documents/constitution/1996/a108-
96.pdf

4
Development Community (SADC) and in debates regarding trade justice at the World
Trade Organisation. The Secretariat for the New Partnership for Africa’s
Development (NEPAD) with its African Peer Review Mechanism (APRM) is based in
South Africa. South Africa is also due to host the 17th Conference of the Parties
(COP) meeting of the UN Framework Convention on Climate Change in Durban in
November-December 2011.

As a leading voice of the global south and as a representative of the Continent of

Africa, it is vital that South Africa remains steadfast to the values of the African and
UN Charters by advancing the cause of justice and those of oppressed peoples both
in its immediate neighbourhood and beyond.

President Mandela’s speech at the SADC Summit in Blantyre in 1997 holds a key
message in this regard:

“Our dream of Africa’s rebirth as we enter the new millennium depends as much as
anything on each country and each regional grouping on the continent committing
itself to the principles of democracy, respect for human rights and the basic tenets of
good governance…

…..Amongst SADC’s basic principles are respect for the sovereignty of member
states and non-interference in one another’s internal affairs. This is the basis of good
governance on the inter-state level. But these considerations cannot blunt or totally
override our common concern for democracy, human rights and good governance in
all of our constituent states. At some point therefore, we as a regional organisation
must reflect on how far we support the democratic process and respect for human
rights. Can we continue to give comfort to member states whose actions go so
diametrically against the values and principles we hold so dear and for which we
struggled so long and so hard”?