Human Dignity: Governance Implications

Dr. Khalid Al-Akwa'a

Today, more countries than ever are working to build democratic governance: democracy has spread from 60 counties in 1985 to more than 140 in 2003, mostly in developing countries. Increasingly, the challenge now facing many countries is to develop institutions and processes that are more responsive to the need of their citizens and more conducive to their basic human rights.

Many countries are discovering that elections alone do not ensure automatic success in securing human rights. As the Human Development Report 2002 on democracy made clear, free choice of government is necessary, but not sufficient. When democracy becomes part of the establishment which presides over unchecked poverty and inequality, rather than a force for progressive reform, it is as prey to overthrow as any political system. So while democracy is a first step, democracy is not a panacea. It must deliver results, paramount among them not only the protection of but the enhancement of human rights.

Therefore, it is not helpful for our dialogue among civilizations to discuss human dignity only in abstract. Instead, we should exert every effort to delve into the complex issues that the subject of human dignity raises in the real world. As president Woodrow Wilson has contended “it is easier to write a constitution than to run one”. It becomes clear that the function and maintenance of democracy and protection of human rights depend more on governance arrangements than on constitutional guarantees.

The essence of the subject of human dignity can be captured in the debates around the world about “good governance”. Human rights derive from the inherent dignity of the human person and are fundamental to the well-being of the individual and to the existence of freedom, justice and peace in the world. Therefore, good governance aimed at the protection of human rights requires a whole range of institutional and administrative activities to strengthen the public incorporation of human rights standards and principles into institutions, and to increase knowledge of, demand for, respect for and enjoyment of human rights. It should address civil, cultural, economic, political and social rights, and it should also highlight a number of special target groups: children, women, disabled persons, minorities, refugees and workers.

Governance defined

The term governance is not a new word, but its appearance in discussions about social organization is a comparatively recent development, particularly in the nineties when the World Bank and UNDP started to adopt the term in the development literature. In fact, the concept of governance lacks a satisfactory translation in many languages. However its rapid progress into contemporary vocabulary in English (and perhaps, in other languages) suggests there was a need for a word of this kind.

In 1999, an international symposium hosted by the International Institute for Administrative Studies in Brussels traced the roots of the word governance back to the 17^th century in English, and collected definitions from different sources which illustrated the progressive widening of its meaning. The group’s rapporteur noted, “The changed role of government and the changed environment in which it has to discharge its role have brought governance into common usage as a process for which the word ‘government’ is no longer sufficient.”

Likewise, in the Islamic world, governance terms are found to be rooted in the language and history of the region. The notion of "Hukm" (governance) and "Adl" (justice), for example, are very ancient terms and expressions throughout the Islamic history. At the same, there is a modern lexicon in the Arab countries, where there is currently a wealthy public debate about governance. Terms like “dawlat al-haqq wa-al-qanun” (the rule of law and justice) and “shafafiayh” (transparency) are part of this new vocabulary. However, these concepts do not always translate into Western formal institutions. For example, the notion of ‘adl in in the Arab countries is more related to the personality of the zaim (leader) than to the judiciary body.

Most writers about governance agree that governance has to do with taking decisions about direction. One definition we have found useful (partly because of its merciful brevity) indicates that governance is the art of steering societies and organizations. It seems clear that governance involves the interactions among structures, processes and traditions that determine how power is exercised, how decisions are taken, and how citizens or other stakeholders have their say. Fundamentally, it is about power, relationships and accountability: who has influence, who decides, and how decision-makers are held accountable.

Where governance occurs: the ‘zones’ of governance

In principle the concept of governance may be applied to any form of collective action. Governance is about the more strategic aspects of steering: the larger decisions about both direction and roles. That is, governance is not only about where to go, but also about who should be involved in deciding, and in what capacity.

There are three areas or zones where the concept is particularly relevant.

Governance in ‘global space’, or global governance, deals with issues outside the direct purview of individual governments.

Governance in ‘national space’: i.e. within a country. This is sometimes understood as the exclusive preserve of government, of which there may be several levels: national, provincial or state, urban or local. However, particularly at the community level, governance is concerned with how other actors, such as civil society organizations, may play a role in taking decisions on matters of public concern.

The idea of governance makes it easier for people interested in the subject of human dignity to have real discussions about how communities or other social actors can take action in collaboration with, or perhaps independently of, established government structures to address issues related to human rights– community governance. Governance also comes into play in circumstances of ‘government failure’ or incapacity – that is, when governments lack the jurisdiction, capability, or interest to deal properly and effectively with issues related to human rights of its citizens.

The importance of governance: context and outcomes

Governance is concerned with how power is exercised among the different sectors or interests in society such as the widely accepted human rights may be enjoyed, business may occur, the arts and culture may flourish. That is, governance is important in itself in that it provides the context for things which, as history demonstrates, people value enormously: personal liberty and freedom of assembly, whether for social, economic, religious or other purposes, within some kind of overall social framework such as the rule of law and a constitution. Context matters. Thus good governance, which we discuss later, is to some degree an end in itself.

However, governance is also about pathways to desired conditions or outcomes. Good governance might be defined as a mode or model of governance that leads to social and economic results sought by citizens.

There seems to be a growing awareness that institutional structures and relationships, not only within government but between governments and other sectors of society, may have a determining impact on outcomes. Furthermore, it is becoming more widely appreciated that while government has an important influence on many matters of public concern, it is only one among many. As issues become more complex, and the limitations of government more apparent, it is becoming clearer that government programs are far from the sole determinants of social or economic conditions. At the same time, many people are beginning to believe that important issues of public concern, such as development and human rights, are too complex to be addressed by government acting alone. Distrust of government fuels this point of view.

Getting to good governance

As a starting point for discussion of good governance, one should first define governance in terms of whether or not it functions effectively and efficiently toward the achievement of its objectives. Although in the broadest sense good governance could refer to the governing functions that a government should possess in order to work toward such goals as maintaining a unified state, defending its territory, or developing its economy, here we would like to consider good governance in terms of the functions needed to achieve the objectives of human development that has the promotion of human rights as its prime target.

The meaning of "good" in good governance is two-fold: the values of respect for the will of the people and promotion of the people's capabilities that signify the goal of securing human dignity; and the functional aspect of effective, efficient government's working to achieve these goals.

It is useful, therefore, to divide the concept of good governance into two parts: i) the ideal orientation of the state directed at achieving the above-stated goals and; ii) the ideal functioning of government such that it works effectively and efficiently to achieve the above-stated goal. 

The former (the ideal orientation of the state) refers to whether or not the basic stance of the state is to aspire toward greater democracy and broader protection of human rights. The government's legitimacy, accountability and securing human rights may be cited as constituent elements. Basic concepts indicating the state's institutional orientation include, for example, whether the government is elected and has the people's confidence (legitimacy), whether the state is organized so as to be held accountable and so that arbitrariness is excluded from the exercise of state power (accountability) and whether basic human rights are respected and efforts are being made to improve people's well-being (securing of human rights).

The latter (the ideal functioning of government) depends on whether the government has the competence and/or the political and administrative structures and mechanisms to function effectively and efficiently. As elements composing this "ideal functioning" we may cite the basic legislations and institutions of the state, its administrative ability and transparency, and the creation of an environment in which civil society works smoothly. All of these provide support for people's participation in the political, economic, and social realms. In other words, these meet the basic needs of the people and indirectly support the people's freedom of activity and thereby promote human rights, the process of participation: they are ideal functioning of government as the foundation of human development approach.

Seen in this way, the former (how the state ought to be) takes shape by the latter (how the government functions ought to be), in terms of specific policies, mechanisms, and measures of which the latter good governance is composed. In other words, good governance as an ideal orientation of the state does not have a direct cause-and-effect relationship with respect of human dignity, but the government should assume the role of a provider of a proper environment for extensive promoter of people's capabilities, builder of efficient administrative structures, and reflector of the popular will. Good governance as an ideal orientation can be understood as a conceptual component of a state striving toward greater democracy and respect of human rights, which is embodied by the effective and efficient functioning of the government which assumes the aforementioned responsibilities.

Practical implications

Most writers agree that governance itself has “no automatic normative connotation”. However, some forms of governance are undoubtedly better than others, thus a literature is growing up around the concept of good governance. What constitutes good governance may appear non-controversial. To many Western eyes, for example, attributes like constitutional legitimacy, free elections, respect for human rights, rule of law, active independent media and public participation might be of little cause for disagreement. However, despite their apparently neutral or value-free character, attempts to apply these attributes of good governance to practical situations may well give rise to controversy, either because they conflict with each other, or because excessive emphasis on one may lead to undesirable results. For example, at some point stability ceases to be a virtue. It may be achieved at the price of needed change and of political freedom. Public participation is attractive in principle, but an excess may result in mass policy-making and in the taking of decisions by individuals with little knowledge and no accountability. Independent media unrestrained by any sense of public purpose or accountability may become irresponsible.

The emphasis given to different aspects of good governance will vary in different settings because societies value outcomes differently. For example, in more utilitarian Western cultures, great deal may be placed on efficiency. Elsewhere like in Japan, a desire for harmony and consensus may override this value. Similarly, some cultures will give primacy to individual rights whereas others will place more stress on communal obligations. Some societies may see economic growth as their primary goal while others may accord more importance to cultural richness and diversity.

Determining what constitutes good governance thus leads toward debate on values and cultural norms, and on desired social and economic outcomes. This in turn leads into questions about the role of government, how governments should relate to citizens, relationships between legislative, executive and judicial branches of government, and the roles of different sectors.

Discussions about good governance also raise questions about means and ends. (For example: is democracy a means or an end?) For constructive discourse to take place, it is important that different traditions and values be accommodated. There is no ‘one size fits all’ in governance. Nevertheless, all is not relative. There appear to be some universal norms or values that apply across cultural boundaries. The United Nations, for example, has published a list of characteristics of good governance, a list that shares many of the norms mentioned above, including participation, the rule of law, transparency, accountability, efficiency and effectiveness. The UN list provides a good starting point, but it is not enough. Given what one author has described as the current fascination with governance, we need to move beyond a simple description of what governance is into the more challenging terrain of defining "good" governance.

A deeper understanding of this concept may provide a valuable touchstone that could help governments and societies toward a better understanding of the relationship between institutional arrangements and protection of human rights of their citizens.

Toward global ethic for good governance

It is urgent for all interested in the promotion & respect of human dignity to get together and introduce an ethical/compassionate perspective to the debate on governance. It is incumbent upon us to start to ask this question: Is there a common ground, among all world religions & civilizations, to create a global ethic for good governance?

First of all, good ethics will produce good governance. If politics are based on a sincere respect of basic moral values, the outcome can only be positive. More precisely, the basis for ethics is the preservation and respect for all forms of life. Beyond this basic principle, the Buddha for example, established a list of qualities which the leader should possess. He should be generous and giving, virtuous, gentle, self-controlled, non-confrontational; he should avoid falsehood and anger, irony or sarcasm. The Buddha also set down seven principles for good rule, the most important being: to meet in harmony, discuss and preserve harmony in spite of different opinions, abide by the rule of law, operate a balance between tradition and modernity, protect the womenfolk, respect elders, safeguard the practice of religion and be open to all religions and spiritual traditions in one's territory and abroad.

Likewise in Islam, there is a clear set of guidelines for good governance in the Qur'an and in Islamic jurisprudence. Indeed, Islam is a religion which contains very precise rules for individuals and for the political and legal system as a whole. A good leader, says the Qur'an, always puts the interest of the people above his own interest. He consults his people regularly by different means- and in particular by the Council of Consultation (Majliss al Shura). In fact, the first four Islamic leaders succeeded the Prophet (PBUH) were called Al-Kulfa Al-Rashidin (the good governors or rulers).

While there are many other forms of moral systems in all religions, there exists a basic rule. The golden rule of life is: do unto others as you would have others do unto you. This principle could be the basis for a new global governance and one could create a universal declaration on human responsibility.

In order for this principle to function on a global level, many things would have to change in particular, existing power structures. This concept cannot function with the existing international system where international law does not seem to apply to the most powerful and where the UN system institutionalizes the inequalities between states. This is exemplified by the Security Council itself where the five permanent states have the final say in determining the fate of the international order.

Concluding remarks

Good governance is about more than getting the job done. Especially in   the realm of human dignity, where values typically play an important role in determining both state and society purpose and style of operation, context & process are as important as outcome. Good governance becomes more than only a means to achieve efficiency and effectiveness and becomes an end in itself. Achieving desirable conditions with regard to human dignity is dependent not only upon the technocratic capacity of government machinery, but also upon how governments relate to citizens, upon the vibrancy of civil society, and, in general, how different sectors in society interact to deal with issues of public concern.

Good governance is about both achieving desired results and achieving them in the right way. Since the "right way" is largely shaped by the cultural norms and values of the society, there can be no universal template for good governance. Each society must tailor their own definition of good governance to suit their needs and values.